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Home My WebLink AboutMINUTES - 06042013 - SD.9RECOMMENDATION(S): ADOPT Resolution No. 2013/254 clarifying the process for filling the #2 General Member, #8 Retired Member, and #8 Retired Member Alternate seats of the Contra Costa County Employees’ Retirement Association (CCCERA) Board of Trustees (Retirement Board). 1. REQUEST CCCERA to independently advertise opportunities for Retirement Board membership when elections are scheduled to fill seats with expiring terms. 2. FISCAL IMPACT: 100% Contra Costa County Employee's Retirement Association. BACKGROUND: On February 5, 2013, the Board of Supervisors adopted Resolution No. 2013/79, attached for reference, which set the procedure for election of the #2 General Member, #8 Retired Member, and #8 Retired Member Alternate seats on the CCCERA Board of Trustees (Retirement Board). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/04/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: JULIE ENEA (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: June 4, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Clerk-Recorder, Asst Registrar of Voters, Retirement Administrator, County Administrator - Muni Svcs SD. 9 To:Board of Supervisors From:David Twa, County Administrator Date:June 4, 2013 Contra Costa County Subject:Clarifying the Process for Filling the #2 General Member, #8 Retired Member, and #8 Retired Member Alternate Seats of the CCCERA Board BACKGROUND: (CONT'D) This process is underway and the County Clerk-Registrar of Voters will conduct the election on June 18, 2013. Nominations for the three seats were due on March 22, 2013. There were no nominations for the #8 Retirement Member Alternate seat. Resolution No. 2013/79, section 6, provides that if the County Clerk receives no valid nominations for any position, he shall inform the Board of Supervisors, which shall call a new election for the position. To date, this has not occurred. Absent further action by the Board of Supervisors, the seat will be vacant on July 1 when the current incumbent's term expires. The #8 Retired Member Alternate seat represents the retirees' interests and may participate fully in all Retirement Board deliberations and closed sessions. He or she may vote when the #8 Retired Member is absent, and holds a regular voting position on Retirement Board committees. If the #8 Retired Member seat becomes vacant, then the #8 Retired Member Alternate automatically becomes the #8 Retired Member. State law authorizes CCCERA to fill unscheduled vacancies for the #8 Retired Member Alternate seat. Recognized Retiree Organizations must submit nominees to the Retirement Board, which then selects one of those nominees. CCCERA has proposed that the Board of Supervisors modify the election procedure established in Resolution No. 2013/79 to provide that in lieu of calling a new election, the Retirement Board will use this nomination process if an announced election for the #8 Retired Member Alternate seat elicits no nominations. The Board of Supervisors either may call for another election for the #8 Retired Member Alternate seat or may take no action. If the Board calls for another election today, it would take approximately 120 days (88 days for election plus 30 day nomination period) to complete the process, and the soonest the seat could be filled is early October. In the interim, should the Retirement Board act to fill the vacant seat, there could be confusion as to the incumbency if an election for the seat also was in progress. If the Board takes no action today, then the Retirement Board may consider nominations from recognized retiree organizations and make a more timely appointment. In the dual interests of providing uninterrupted representation of retirees and avoiding confusion as to the incumbency of the seat, we recommend that the Board take no action regarding the #8 Retired Member Alternate seat, thereby permitting the Retirement Board the opportunity to make an appointment effective July 1. With respect to the Retirement Board's request that the Board of Supervisors modify its process generally to permit the Retirement Board to make an appointment whenever an announced election for the #8 Retired Member Alternate seat elicits no nominations, we recommend that your Board alternatively call for elections for the three seats (#2, #8, and #8 Alternate) 127 days prior to the election rather than 113 days prior. This would allow for extensions to the nomination period in the event no nominations are received. If, even after an extended nomination period, no nominations were received, the Retirement Board would then fill the vacant seat. Elections for these seats may be called on any Tuesday prior to the seat term expiration. These elections are conducted by mail ballot and only CCCERA members may participate in the elections. County Elections requires 88 days to process the election (E-88). Calling for the election at E-127 would provide adequate time for multiple nomination periods, if needed. The attached Resolution No. 2013/254 would provide this general direction to the Clerk-Recorder/Registrar of Voters. To encourage the broadest pool of candidates for Retirement Board seats, we also suggest that CCCERA conduct outreach and advertise for membership, independent of County Elections. Announcement of scheduled vacancies could be accomplished through the CCCERA website and through regular member communications at little or no additional cost. CONSEQUENCE OF NEGATIVE ACTION: Should the Board of Supervisors choose not to adopt Resolution No. 2013/254, the current election process will govern. The current process does not specify how far in advance of a scheduled vacancy an election must be called and, consequently, may leave no time for an extended nomination period if needed. CHILDREN'S IMPACT STATEMENT: Not Applicable. CLERK'S ADDENDUM CLERK'S ADDENDUM ATTACHMENTS Resolution No. 2013/254 as modified by the BOS Resolution No. 2013/254 Archived Resolution No. 2013/79_Retirement election THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/05/2013 by the following vote: AYES:4 John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NOES: ABSENT:1 Mary N. Piepho ABSTAIN: RECUSE: Resolution No. 2013/79 IN THE MATTER OF ELECTION OF RETIREMENT BOARD MEMBER NOS. 2 (GENERAL MEMBER), 8 (RETIRED MEMBER), and 8 (RETIRED MEMBER) ALTERNATE The Contra Costa County Board of Supervisors RESOLVES THAT: 1. The term of office of members 2, 8, and 8 alternate of the Contra Costa County Employees’ Retirement Association Board will be completed as of June 30, 2013. The members are as follows: Member Number Name 2 Brian Hast, General Member 8 Jerry Telles, Retired Member 8 (Alternate) Sharon Naramore, Retired Alternate The appropriate members of the Retirement Association may elect someone to fill these offices for a three-year term beginning July 1, 2013 as provided below. 2. Nominations shall be on forms provided by the County Clerk starting on Monday, February 25, 2013 and filed in that office not later than 5 p.m. on March 22, 2013. The Clerk shall have ballots printed with the nominees’ names and with blank spaces for write-in candidates. The Clerk shall have a ballot mailed no later than May 24, 2013 to each member of the appropriate group of the Retirement Association as of April 1, 2013 with a ballot envelope in which to enclose the ballot when voted, imprinted “Retirement Board Ballot” or similar words, together with a “return postage guaranteed” envelope addressed to the County Clerk for mailing the ballot envelope to that office, and with instructions that the ballot shall be marked and returned to the County Clerk before 5 p.m. on election day. (See No. 3 below.) 3. Election Day is hereby fixed as Tuesday, June 18, 2013. Any Ballot reaching the County Clerk’s Office after 5 p.m. on Tuesday, June 18, 2013 shall be voided and not counted. 4. Notice of election and nomination procedure shall be given by the Clerk by publishing a copy of this resolution at least once in the Contra Costa Times, West Contra Costa Times, San Ramon Valley Times, and the Ledger Post Dispatch at least ten days before the last day for receiving nominations. (See No 2 above.) 5. On Wednesday, June 19, 2013, the County Clerk shall cause all valid ballots to be publicly opened, Print Agenda Item Request http://10.10.11.216/frs/publish/print_ag_memo.cfm?seq=13515&rev_n... 1 of 2 5/22/2013 10:03 AM THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/05/2013 by the following vote: AYES: John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NOES: ABSENT:Mary N. Piepho ABSTAIN: RECUSE: counted, and tallied by an Election Board, which shall forthwith certify the return to this Board; and this Board shall declare the winners elected, or arrange for a run-off election in case of a tie. 6. If the County Clerk receives no valid nominations for any position, he shall so inform this Board which shall call a new election therefore; and if the Clerk receives only one nomination for any position, he shall so notify this Board which shall declare that person elected to that position. Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 5, 2013 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: Print Agenda Item Request http://10.10.11.216/frs/publish/print_ag_memo.cfm?seq=13515&rev_n... 2 of 2 5/22/2013 10:03 AM