Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  June  20, 2017
CATEGORY:  Consent - General Government-3.

SUBJECT:

FRMFPD Appointment In Lieu of Election

DEPARTMENT: Clerk of the Board

Supervisorial District No. :  3

DEPARTMENT CONTACT:  Julie Hope, Principal Administrative Analyst, 530-225-5550

STAFF REPORT APPROVED BY:  Julie Hope, Principal Administrative Analyst

Vote Required?

Simple Majority Vote
General Fund Impact?

No General Fund Impact 

RECOMMENDATION

Appoint Ernest "Scott" Gallion in lieu of an election to the Fall River Mills Fire Protection District Board of Directors to complete an unfilled four-year term to  expire December 2018.

SUMMARY

N/A

DISCUSSION

The Fall River Mills Fire Protection District (FRMFPD) Board of Directors is a five member elected body and is subject to the Uniform District Election Law, beginning at Elections Code section 10500.  See Health & Safety Code section 13885.

 

Two positions on the FRMFPD Board of Directors were up for election on November 4, 2014; however, only one person, Doug Ontano, filed a declaration of candidacy for the positions on the FRMFPD Board of Directors.  As such, no election was held for the two offices.  On September 6, 2014, the Board appointed Mr. Ontano to fill one of the two offices up for election.

 

The other position on the FRMFPD Board of Directors that was up for election on November 4, 2014 was occupied by Randolph Scholl. Mr. Scholl's term of office expired in December 2014. Mr. Scholl did not file a declaration of candidacy for the office, and no other declarations of candidacy were filed for that office. Therefore, Elections Code section 10515(b) dictates the manner in which this office is to be filled.  Elections Code section 10515(b) states:

 

If no person has filed a declaration of candidacy for any office, the supervising authority shall appoint any person to the office who is qualified on the date when the election would have been held.  The person appointed shall qualify and take office and serve exactly as if elected at a general election for the office.

 

The term "supervising authority" is defined as the Board of Supervisors.  Elections Code section 10500(b)(13).

 

Pursuant to this statute, and Health & Safety Code section 13841, to be eligible for the FRMFPD Board of Directors, a person must be a resident of the Fall River Mills Fire Protection District and be a registered voter of the Fall River Mills Fire Protection District on November 4, 2014 and must currently be so.

 

The FRMFPD Board, at their May 18, 2017 meeting, voted to recommend the Board of Supervisors appoint Ernest "Scott" Gallion to this unfilled position. The term of office for this position will expire in December 2018.

 

The Shasta County Clerk/Registrar of Voters has provided information that Mr. Gallion, as of the date of this Board Report is, and on November 4, 2014 was, a resident of the Fall River Mills Fire Protection District and a registered voter of the Fall River Mills Fire Protection District.

ALTERNATIVES

Pursuant to Elections Code section 10515(b), the Board of Supervisors is required to make appointments to fill the offices on the FRMFPD Board of Directors that were up for election, but for which no declarations of candidacy were filed.  The Board may decline to appoint Mr. Gallion and may request that other applicants be considered. 

 

OTHER AGENCY INVOLVEMENT

The FRMFPD supports the recommendation.

FINANCING

There is no General Fund impact associated with approval of the recommendation.

ATTACHMENTS:
DescriptionUpload DateDescription
FRMFPD Meeting Minutes6/12/2017FRMFPD Meeting Minutes