The Anderson Cottonwood Irrigation District (ACID) is a an irrigation district organized under Water Code sections 20500 et seq. It is governed by a five member elected Board of Directors. The District is divided into five Divisions, with one Director elected from each District. It is subject to the Uniform District Election Law. .
Two positions on the ACID Board of Directors were up for election on November 8, 2016 for four-year terms, one for Division 3 and one for Division 4. Only one declaration of candidacy was filed for the Division 4 position, by Zacery Mazzotta, and no declarations of candidacy were filed for the Division 3 position. As such, no election was held for the ACID Board of Directors on November 8, 2016. On September 13, 2016, the Board of Supervisors appointed Mr. Mazzotta to the Division 4 position on the ACID Board of Directors
Since no declarations of candidacy were filed for the Division 3 position on the ACID Board of Directors, 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 and the person appointed shall qualify and take office and serve exactly as if elected at a general district election for the office.
The term "supervising authority" is defined as the Board of Supervisors. Elections Code section 10500(b)(13).
Water Code section 21100 requires that, to be qualified for the Board of Directors, the individual, as of November 8, 2016 and currently must (1) be a registered voter, (2) be a landowner within the ACID, and (3) reside within Division 3 of ACID. .
At their March 16, 2017 meeting the ACID Board of Directors unanimously recommended that the Board of Supervisors appoint Clayton Olds in lieu of election to fill the Division 3 Director position on the ACID Board of Directors for a four-year term expiring December 2020. The ACID Board of Directors sent correspondence to the Clerk of the Board requesting this appointment. A copy of the email correspondence is attached.
According to the ACID, Mr. Olds, as of November 8, 2016 and currently, is (1) a registered voter, (2) is a landowner within the ACID, and (3) resides within Division 3 of ACID.