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HomeMy WebLinkAboutMINUTES - 08082006 - SD.2 I TO: j BOARD OF SUPERVISORS � s�_.L • CONT A ' ] S .� FROM: John Gioia, Supervisoi, District I •,'� COSTA i ' John Cullen, County Administrator ` COUNTY DATE: August 8, 2006 :, ST'4 COUNT4 SUBJECT: CONSIDER ADOPTION OF RESOLUTION AUTHORIZING BALLOT MEASURE TO ALLOW ALTERNATE TO SERVE FOR COUNTY SUPERVISOR ON COUNTY RETIREMENT BOARD i SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): 1.. Adopt Resolution No. 2006/476 authorizing an election on the"Alternate for County Supervisor on County Retirement Board" ballot measure for the November 7, 2006 ;General Election. 2. 'Direct the County Clerk and Registrar of Voters to take all necessary actions to hold 'the election on the proposed ballot measure at the time of the General Election on 'November 7, 2006. FISCAL IMPACT: Because the County already has a measure on the ballot forthe November 7,2006,General Election(Urban Limit Line),the Elections Division advises thatthe additional costs to include this measure on the ballot are anticipated to be nominal. CONTINUED ON ATTACHMENT: X YES SIGNATURE: ✓ RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMMENDATI N OF BOARD COMMITTEE ..--APPROVE OTHER ACT[ F BOARD ON 0'1,Wb APPROVED AS RECOMMENDED_,�6eTttER— VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AYES: NOES: AN ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. a ATTESTED JOHN B. CULLEP VCLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Orig. County Administrator Contact. Sara Hoffman 335-1090 cc: County Administrator County Counsel B Clerk, Elections Dept. Board of Retirement Director-CCCERA l I I I To: Board of Supervisors From: John Cullen,County Administrator Date: August 8,2006 Page: 2 of 2 Re: CONSIDER ADOPTION OF RESOLUTION AUTHORIZING BALLOT MEASURE TO ALLOW ALTERNATE TO SERVE FOR COUNTY SUPERVISOR ON COUNTY RETIREMENT BOARD I BACKGROUND/REASON(S) FOR RECOMMENDATION(S). The Contra Costa County Employees' Retirement Association Board of Retirement (Retirement Board) consists of nine members. Four of these members are appointed by the Board of Supervisors (the 4th,15th, 6" and 9th members). These four Board appointees must be persons eligible to vote in, the County, but have no connection to County government, except that one of thIe members may be a member of the Board of Supervisors (i.e., a County Supervisor). Historically, certain Retirement Board members have been authorized by statute to have alternate members (i.e., there is an alternate for the retiree member and an alternate for the safety and general members) The Treasurer-Tax Collector, who serves as an ex officio member of the Retirement Board;i also has an alternate. Assembly Bill 719 (Canciamilla), enacted in 2005 and codified as Government Code section 31520.12, authorized the Board of Supervisors to appoint one "floating" alternate for the Board of Supervisors' appointees to the Retirement Board. Such an alternate has been appointed. However, the statute specifically states that the alternate "may not serve as an alternate for [the County Supervisor] member unless service by an alternate member for an appointed supervisor member is approved by the majority of the electors in the county." Because the Retirement Board sets employer-paid retirement rates, decisions of the Retirement Board have significant impact on County finances. Consequently, it is important that the County be fully; represented on the Retirement Board. However, County Supervisors often have multiple demands on their time and so may find it difficult to attend all Retirement Board meetings. It is necessary that the Board's floating alternate be able to serve for the Supervisor member to ensure that the County is fully represented on the Retirement Board. If the ballot measure is approved by a majority of County voters, it would add Article;38-4.10 to the Contra Costa County Ordinance Code as follows: Article 38-4.10 Alternate for County Supervisor on County Retirement Board ;38-4.1002 Alternate May Serve For County Supervisor. If the board of I supervisors appoints a county supervisor as the fourth, fifth, sixth or ninth member of the board of retirement, and by resolution appoints an alternate member for its appointees to the board of retirement, the alternate member may serve as the alternate for the county supervisor member. CONSEQUENCES OF NEGATIVE ACTION: The legal deadline for submission of ballot measures for the November 7, 2006 General Election is August 11, 2006 at 5:00 p.m. If the Board does not act on this measure today, the next opportunity to place the measure on the ballot during a General Election will be June 2008. Without voter approval, the Board-appointed alternate to the Retirement Board cannot serve as an alternate for the County Supervisor member. i H:\CAO\Retirement\AlternateBOO8.08-06.wpd I I i i I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 8, 2006 by the following vote: pp AYES: (� `.� t .t �2 c� GvrLU ✓o�LC1l/lci NOES: ABSENT: tjvP ABSTAIN:, -YLVK2_. Resolution No. 2006/476 SUBJECT: RESOLUTION CALLING{FOR AN ELECTION ) ON NOVEMBER 7, 2006; TO ALLOW AN ) ALTERNATE TO SERVE FOR COUNTY SUPERVISOR ) ON THE COUNTY RETIREMENT BOARD ) 1 The Board:of Supervisors of Contra Costa County RESOLVES THAT: 1. As authorized by Government Code section 31520.1,the Board has appointed a County Supervisor and three other persons not connected to the County government as members of the Retirement Board of the Contra' Costa County Employees' Retirement Association. These four appointees represent the County's interests on the Retirement Board. 2. Prior to 2006, there was no alternIate for the Board of Supervisors'appointees. Assembly Bill 719 (Canciamilla), enacted in 2005 and codified as Government Code section 31250.12, permits the Board of Supervisors to appoint one"floating"alternate for the Board of Supervisors'appointees to the Retirement Board. However, the statute specifically states that the alternate "may not serve as an alternate for[the County Supervisor]member unless service by an alternate member for an appointed supervisor member is approved by the majority of electors in the county." 1 3. As authorized by Government Code section 31250.12,the Board of Supervisors has appointed an alternate member for its appointees to the Retirement Board. This alternate member currently does not serve for th;e County Supervisor member! because such service has not been presented to the electors for approval. 1 i 4. Because the Retirement Board sets employer-paid retirement rates, decisions of the Retirement Board have significant impact on County finances. Consequently, it is important that the County be fully represented on the Retirement Board. ,Currently, when the Supervisor member is unable to attend a Retirement Board meeting, no alternate can take his or her place. An alternate for the Supervisor member is needed to ensure that the County is fully represented on the Retirement Board. 5. The Board of Supervisors hereby directs that Ordinance No 2006-40, entitled"Alternate for County Supervisor on County Retirement Board," be submitted to the voters of Contra Costa County for approval by a majority of the electors of the County at the November 7, 2006 General Election, in accordance with the requirements of the California Elections Code. The following ballot language for submittal of the ordinance to the voters is hereby approved: i "Shall Ordinance No. 2006-40 of the Contra Costa County Board of Supervisors be adopted to authorize the alternate member appointed by the Board of Supervisors to the Contra Costa County Employees' Retirement Association Board of Retirement to serve as the alternate for a County Supervisor member of the Board of Retirement?" 6. The Contra Costa County Registrar of Voters is designated as the Election Official for the election, and the County Clerk, Elections Division, is hereby authorized and directed to provide all notices and take all other actions necessary to holding the election, including but not limited to, providing notices of times within which arguments for and against are to be submitted. I Orig.Dept: CAO Contact Person: Sara Hoffman 335-1090 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the cc: CCCERA Board of Supervisors on the date shown. County Counsel ATTESTED: Clerk,Elections Department JOHN CULLElerk of the Board of Supervisors and Count AErministrator i B eputy RESOLUTION NO. 2006/47 Alternate for County Supervisor on County Retirement Board "Shall Ordinance No. 2006-40 of the Contra Costa County Board of Supervisors be adopted to authorize the alternate member appointed by the Board of Supervisors to the Contra Costa County Employees' Retirement Association Board of Retirement to serve as the alternate for a County Supervisor member of the Board of Retirement?" TEXT OF PROPOSED ORDINANCE NO. 2006-40 The People of the County of Contra Costa hereby ordain as follows: Section 1. Title This ordinance shall be entitled"Alternate for County Supervisor on County Retirement Board." I Section 2. Summary This ordinance will add Article 38-4.II10 to the Contra Costa County Ordinance Code to permit the alternate member appointed by the Board of Supervisors to the Contra Costa County Employees' Retirement Association Board ofRetirel ent to serve as the alternate for a County Supervisor member of the Retirement Board. Section 3. Statement of Purpose and Findings The voters of Contra Costa County appr Ive this ordinance based on the following facts and considerations. A. The County Employees' Retirement Act of 1937 sets forth the membership composition requirements for nine-membe I Retirement Boards. One elected member represents safety employees(e.g.,fire and law enforcement),one elected member represents retired employees,two Page 1 of 3 July28,2006 elected members represent g Ineral(non-safety)employees,and four members appointed by the Board of Supervisors (4`h, 5ih, 6h and 9'members) represent the employers, Contra Costa County and other member public agencies. The CountyTreasurer-Tax Collector serves as an ex officio member of the Retirement Board. B. Retirement Board members appointed by the Board of Supervisors must be persons eligible to vote in the Countybut have no connection to County government,except that one ofthe members maybe amember ofthe Board of Supervisors(i.e.,a County Supervisor). A County Supervisor currently serves as a Board of Supervisors' appointee to the Retirement Board. C. The Retirement Act allows alternates to serve for certain members ofthe Retirement Board. There is analternate for the membedl representing retirees and an alternate for the general and safety members. The Treasurer-Tax Collector also has an alternate. D. Government Code section 31520.12,enacted in 2005,authorized the Board of Supervisors to appoint an alternate member f 1 r its appointees to the Retirement Board. An alternate member has been appointed by the Board,but the alternate member does not currently serve as an alternate for the County Supervisor member.ber. This is because Government Code section 31520.12 requires that, if the Board of Supervisors appoints a County Supervisor to the Retirement Board,the alternate member appointed by the Board of Supervisors may not serve as the alternate for the County Supervisor member"unless service by an alternate member for an appointed supervisor member is approved by the majority of the electors in the County." E. Because the Retirement Board sets employer-paid retirement rates,decisions of the Retirement Board can have a significant impact on County finances. Consequently it is important that the County be fully represented on I the Retirement Board. Currently,when a CountySupervisorwho is appointed as a Retirement Board member is unable to attend a Retirement Board meeting,no alternate can take his orher place. The purpose of this ordinance is to remedy that situation by Page 2 of 3 July 28,2006 allowing the Board-appointed alternate to also serve as the alternate for a County Supervisor I member of the Retirement Board. Section 4. Authorization and Implementation Article 38-4.10,authorizing the alt I ate member appointed by the Board of Supervisor's to the Contra Costa County Employees'Retirement Association Board of Retirement to serve as the alternate for a County Supervisor member, is added to the County Ordinance Code to read: Article 38-4.10 Alternate for County Supervisor on County Retirement Board 38-4.1002 Alternate May Serve For County Supervisor. If the board of supervisors appoints a county supervisor as the fourth,fifth,sixth or ninth member ofthe board ofretirement,and byresolution appoints an alternate member for its appointees to the board ofretirement,the alternate member may serve as the alternate for the county supervisor member. (Ord. 2006-40 §4 [Govt. Code § 31520.12].) Section 5. Effective Date. This measure shall become effective immediately upon approvalby a majority of the electors in the County. l H:\CAO\Retimment\RctirernenWtemateMember0rdO8-08 wpd Page 3 of 3 July 28,2006 Intentionally Blank