COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

DATE:

March 13, 2002

BOARD MEETING DATE:

March 26, 2002

 

TO:

Honorable Board of Supervisors

FROM:

Thomas F. Casey III, County Counsel

   

SUBJECT:

Consideration Of Method To Fill Vacancy On Coastside County Water District Board

 

The Coastside County Water District is a special district that furnishes water and is located in Half Moon Bay and unincorporated Mid Coast. It is governed by a five member Board of Directors. Former Director Carol Cupp, whose term was set to expire December 2003, tendered her resignation to the Coastside County Water District effective January 9, 2002. The unexpired term of her office is November 2003. The Coastside County Water District is governed by Water Code sections 30000 et seq, which provides that all vacancies occurring in the office of director shall be filled pursuant to Section 1780 of the Government Code. An appointment to fill a vacancy in the office of director shall be for the unexpired term of the office in which the vacancy exists.

 

The procedures for making an appointment are set forth in Government Code §1780 which provides that the remaining district board members had until March 10, 2002 to either make an appointment or call an election. We have been notified that at the District Board's February 27, 2002, meeting, the Board was split 2-2 on whether to appoint a new member or to call an election. Six persons had submitted their names for consideration. Pursuant to Government Code§1780(b), the Board of Supervisors may fill the vacancy or order the District to call an election to fill the vacancy by April 9, 2002.

 

If the Board of Supervisors calls the election, the election would be held on November 5, 2002 as that date is the next established election date over 130 days from the calling of the election. The costs are borne by the District. (Elections Code §§10500(b)(7), 10501, 10520 ) If the Board of Supervisors fails to either make an appointment or order the District call an election by April 9, the District Board must call an election pursuant to Government Code §1780(c).

 
 
 

___________________________________

 

Thomas F. Casey III, County Counsel

 
 

cc:

John Maltbie, County Manager

 

Warren Slocum, Assessor County-Clerk Recorder

 

Coastside County Water District