REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  January  10, 2017
CATEGORY:  Regular - General Government-4.

SUBJECT:

PROVIDE DIRECTION REGARDING FILLING THE VACANCY IN THE OFFICE OF THE DISTRICT ATTORNEY.

Supervisorial District No. :  All

DEPARTMENT CONTACT:  Lawrence G. Lees, County Executive Officer (530) 225-5561

STAFF REPORT APPROVED BY:  Lawrence G. Lees, County Executive Officer

RECOMMENDATION

Give direction to staff regarding the procedure to use for filling the District Attorney vacancy created by the elected District Attorney's retirement.

SUMMARY

Stephen Carlton, the elected District Attorney retired from office on December 30, 2016.  Mr. Carlton's unexpired term as District Attorney is two years following his retirement, lasting until the first Monday after January 1, 2019.  The next election for District Attorney is in June, 2018.

DISCUSSION

As Mr. Carlton has already retired, Government Code section 26542 provides that attorney next in authority to the District Attorney may discharge the duties of District Attorney until such time a successor is appointed by the Board of Supervisors.  Currently, Stephanie Bridgett, as Chief Deputy District Attorney, may discharge the duties of the office but not assume the office.  As a result, there is currently a vacancy in the office of the District Attorney. Government Code section 25304 provides as follows:     "The board of supervisors shall fill by appointment all vacancies that occur in any office filled by the appointment of the board and elective county officers, except judge of the superior court and supervisors.  The appointee shall hold office for the unexpired term or until the first Monday after January 1st succeeding the next general election." Pursuant to this statute, the Board of Supervisors has a duty to appoint a successor to an elected position which becomes vacant before the expiration of the incumbent's term of office.  State law does not authorize the Board of Supervisors to call a special election.  The person appointed will hold office for the unexpired term.  In this case, the person appointed by the Board as the District Attorney will hold office until the first Monday after January 1, 2019. The Chief Deputy District Attorney would continue to discharge the duties of the District Attorney until such time as a successor is appointed. The options available to the Board of Supervisors to fill the District Attorney vacancy are: 1.  Conduct a full recruitment for qualified applicants. 2.  Conduct a Shasta County internal recruitment for qualified applicants. 3.  Directly appoint a qualified successor. A recruitment to fill the vacancy in the office of the District Attorney is consistent with Shasta County Personnel Rule 6.12.  Personnel Rule 6.12 provides that it is the policy of the Board that appointments to positions listed in Personnel Rule 6.11 (which includes vacancies in the elected office of District Attorney) will be made in accordance with merit principles and that the services of the Department of Support Services will be utilized in recruiting and in determining the qualifications of candidates for these positions. The Brown Act provides that any actions that the Board takes in filling the position, including the consideration of applications, the conducting of interviews, and the making of the appointment, must be carried out in open session. The Board could decide not to conduct a recruitment and direct staff to follow another procedure such as a direct appointment to fill the vacancy in the office of the District Attorney.

ALTERNATIVES

There is no option not to fill the vacancy of District Attorney.  However, the Board of Supervisors could request that the matter be brought back to the Board of Supervisors to consider at a later date.

OTHER AGENCY INVOLVEMENT

The County Counsel provided pertinent legal information regarding appointment when vacancies occur in elective county offices.  If the Board directs a recruitment, Support Services would participate in the recruitment and assist the County Administrative Office in screening the applicants to ensure they meet the minimum qualifications for the office.

FINANCING

There is no additional General Fund impact.