HomeMy WebLinkAboutMINUTES - 01071992 - 1.53 H�
►�'" 1'053
TO: BOARD OF SUPERVISORS
• Contra
FROM: Phil Batchelor, County Administrator Costa
rs
December 9, 19 91 - County
DATE: carr-------- cP
SUBJECT: ADOPTION OF A RESOLUTION TO IMPLEMENT PORTIONS OF SB 767
(CHAPTER 1221, STATUTES OF 1991) IN CONTRA COSTA COUNTY
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt the attached Resolution which will implement an alternative
schedule for electing and appointing members of the County
Retirement Board ';Ito insure that the terms of no more than three
seats expire in jthe same year, that the terms of not all the
elected or appointed seats expire in the same year and that all
terms expire on June 30.
BACKGROUND:
As a part of its 1991 Legislative Program, the Board of
Supervisors sponsored legislation to provide an alternative
schedule for electing and appointing members of the County
Retirement Board.l The law currently provides a rather complex
mechanism for determining the terms of office of various members
of the Retirement Board. This language was enacted in 1951 to
permit the expansion of the Retirement Board to nine members and
to determine when the term of office of each member expired.
Because of the complexity involved and the difficulty of tracking
the history of the terms of office and appointments to the
Retirement Board,''Ithe County is currently faced with a situation
where the present terms of office probably do not literally
comply with the law. In addition, much of the language of the
current law is outmoded because it dealt with how to transition
from a five member Retirement Board to a nine member Retirement
Board.
CONTINUED ON ATTACHMENT: x YES SIGNATURE: D ��
y Ilf
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON January) , APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOESrI AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
JAN 7 1992
CC: I
County Administra�'tor ATTESTED
Retirement AdminiII'strator PHIL BATCHELOR,CLERK OF THE BOARD OF
Director of Personnel SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Auditor-Controller
BY DEPUTY
M382 (10/88)
i
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As a result, in 1990, the Board of Supervisors was faced with a
peculiar situation where the terms of office of three of their
four appointees to the Retirement Board were expiring at the same
time. In addition, the term of office of three other elected
members of the Retirement Board were also expiring and an
unscheduled vacancy occurred. The County could have been faced
with a situation where, if each incumbent had been replaced with
a new member, se,len new members would have been seated on the
Retirement Board at the same time.
In an effort to address this situation, the Board of Supervisors
joined with the Retirement Board in sponsoring legislation which
would allow the County to transition to a more rational schedule
of terms of office. The alternative language was designed to
accomplish the fo'ilowing objectives :
1 . Provide that no more than three terms expire in any one
year.
2 . Provide that not all three terms expiring in any one year
are all appointed or all elected members .
3 . Solve the problem all at one time, as opposed to a
transition system which might require several years to
implement.
4 . Provide that all terms expire on June 30 for the sake of
consistency.
5 . Provide a minimum of disruption in present terms.
The solution arrived at by the Retirement Board simply extends
the term of office of seats 6, 7 and 7A (the alternate) by one
year. This simple change accomplishes all of the above
objectives .
Senator Marian Bergeson carried a provision in her annual local
government clean-up bill, SB 767, for the County. SB 767 allows
the County, upon', the adoption of a Resolution by the Board of
Supervisors, to substitute for the existing terms of office terms
which expire as follows :
Seats 2, 4 and 8 expire June 30, 1992 and every three years
thereafter.
Seats 3, 5 and 9 expire June 30, 1993 and every three years
thereafter.
Seats 6, 7 and the alternate expire June 30, 1994 and every three
years thereafter.
Seat 1 belongs to„ the Treasurer, who serves ex officio and whose
term expires when' his term as Treasurer expires .
The only change from the present terms is that seats 6, 7 and the
alternate have their terms extended from 1993 to June 30, 1994.
With the implementation of this alternate language, terms will
expire as follows,:
Board appointments :
1 on June 301,, 1992
2 on June 30, 1993
1 on June 301, 1994
Elected members .
2 on June 3&, 1992 (one general member and one retired
member)
1 on June 30', 1993 (one general member)
2 on June 301 1994 (one safety member and one alternate)
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SB 767 passed the Legislature and was signed into law by the
Governor on October 14, 1991 . It becomes effective January 1,
1992 . We are, therefore, asking the Board of Supervisors on
January 7, 1992 to adopt the necessary Resolution to implement
this portion of SB 767 in Contra Costa County.
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Implementing )
Portions of SB 767 (Chapter 1226, )
Statutes of 1991) ' in Contra )
Costa County )
RESOLUTION -.92115
WHEREAS, the Legislature has passed and the Governor has signed
into law SB 767 ((Chapter 1226, Statutes of 1991) which permits
the Board of Supervisors to implement an alternative schedule for
the terms of office for members of the County Retirement Board,
and
WHEREAS, Section 31520 . 11 of the Government Code, which was added
by Chapter 1226, 11: Statutes of 1991, effective January 1, 1992,
requires the adoption of a Resolution by the Board of Supervisors
of Contra Costa County in order to implement this alternative
schedule of terms' of office for members of the County Retirement
Board, and
WHEREAS, the Board of Supervisors of Contra Costa County wishes
to exercise its option of being able to implement a schedule for
the terms of office for members of the County Retirement Board
which is more rational and avoids the risk of massive turnover in
membership of the Retirement Board as is possible under the
current- law;
NOW, THEREFORE, B;E IT BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF CONTRA COSTA RESOLVED:
THAT the adoption of this Resolution by the Board of Supervisors
is intended to satisfy the requirements of Government Code
Section 31520 . 11 1'as added by Chapter 1226, Statutes of 1991 and,
as an alternative to the provisions of Government Code Section
31520 . 1,. the Board of Supervisors hereby implements Government
Code Section 31520 . 11 to determine the terms of office for
members of the County Retirement Board.
Witness my hand and the seal
of the Board of Supervisors
affixed this 7th day of
January, 1992 .
Phil Batchelor, Clerk of the
Board of Supervisors and
County Administrator.
By
Deputy Clerk
RESOLUTION NO, 92 .15