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Consent-General Government # 6.
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| Board of Supervisors Meeting |
Clerk of the Board |
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| Subject |
| Reclamation District Appointments. |
| Recommended Action |
A. Approve the following appointments in-lieu of election pursuant to Water Code Sections 50602 and 50740 and following:
- Stephen Heringer, George D. Wilson and Thomas Slater to Reclamation District No. 999 for four year terms.
- Robert Baker to Reclamation District No. 2035 for a four year term.
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| Strategic Plan Goal(s) |
| Provide fiscally sound, dynamic and responsive services |
| Reason for Recommended Action/Background |
To complete the procedures for appointments in-lieu of election.
Reclamation districts are generally organized pursuant to Water Code Sections 50000 et seq. (Unless otherwise indicated all statutory references are to the Water Code.) These districts are generally governed by a board of trustees consisting of five or seven members as set forth in the district by-laws (Sections 50600, 50601). Trustees generally have four (4) year terms (Section 50602).
Reclamation board elections are generally governed by Sections 50700 et seq. Sections 50740 et seq. govern appointments in lieu of an election. (Although some of the reclamation districts within the County of Yolo are the subject of special acts (i.e., R.D. 999 [Water Code Appendix, 23-1 et seq.] and R.D. 1600 [Water Code Appendix 25-1 et seq.]), none of those special acts addresses the conduct of elections or appointments in lieu of election. In light of this, we have referred to the general laws governing such matters for guidance.
Section 50740 provides that “if by 5 p.m. on the 54th day prior to a general district election the number of nominees does not exceed the number of trustees to be elected and if a petition signed by 5 percent of the voters requesting that the election be held has not been presented to the board, an election shall not be held.” Section 50741 provides that in such circumstances, “the board of supervisors shall appoint those nominated for the positions of trustee, and if no person has been nominated for said position, the board of supervisors shall appoint any qualified person or persons. In lieu of the notice provided in Section 50732 [notice of election], notice shall than be published only once stating that the board of supervisors will appoint the trustees and that no election will be held.”
The reclamation districts have indicated that an election was due to be held in each district, and that the number of nominees did not exceed the number of trustees to be elected (and also that a petition signed by 5 percent of the voters requesting that the election be held has not been presented). The districts have also requested that the Board of Supervisors appoint the nominees, and other qualified persons in instances in which there was an insufficient number of nominees to fill the available seats. The districts will provide a published notice stating that the Board of Supervisors will appoint the trustees and that no election will be held.
In these circumstances the Board of Supervisors is authorized to appoint the individuals named above to the district boards for the terms noted above. Once appointed, they will take office and serve exactly as if they had been elected at the November 3, 2015 election, with terms commencing November 6, 2015 (Water Code Sections 50602.5 and 50730). |
| Collaborations (including Board advisory groups and external partner agencies) |
| This matter appears at the request of each reclamation district. |
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