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HomeMy WebLinkAboutMINUTES - 10101995 - C52 TO: BOARD OF SUPERVISORS Contra W FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa DATE: --October 5, 1995 County �* c6LW, SUBJECT: CHANGE IN PROCEDURE FOR ELECTING MEMBERS OF THE RETIREMENT BOARD SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution making three changes in the manner in which members of the Retirement Board are elected. BACKGROUND: The Retirement Board consists of nine members. The Board of Supervisors appoints four members. The members of the Retirement Association elect four members, one of whom is a Safety Member, one of whom is a retired member of the Association and two of whom are General Members. The Treasurer serves ex-officio as the ninth member. State law (Government Code Section 31520.1) provides that the Board of Supervisors shall determine the manner in which the elected members are elected. The Retirement Board has recommended that the Board of Supervisors make three changes to the procedures which are used to elect members of the Retirement Board. These three changes are: 1. Ballots will be mailed to eligible voters' homes. 2. Ballots, once cast, will be returned postage prepaid. 3. Election notices will be published in more newspapers. CONTINUED ON ATTACHMENT: ' " YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER � ff SIGNATURE(S): Octabsi 1995 ACTION OF BOARD ON ' APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _X UNANIMOUS(ABSENT III ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED October 10, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: SUPERVISORS AND COUNTY ADMINISTRATOR See Page 2 BY DEPUTY y y f ' These changes constitute an effort to increase both awareness of the elections and the number of ballots which are cast, without increasing costs for the County. These changes have been discussed with the Assistant Registrar or Voters, who has no problem with them. We are, therefore, recommending that the Board of Supervisors adopt the attached Resolution which will incorporate these changes into the existing procedure for election of Retirement Board members. cc: County Administrator Retirement Administrator County Clerk-Recorder Assistant Registrar of Voters County Counsel -2- IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA SUBJECT: Retirement Board Elections RESOLUTION 95/474 The Board of Supervisors of the County of Contra Costa RESOLVES THAT: Pursuant to Government Code Section 31520.1, the following procedures are adopted for the conduct of elections of the second, third, seventh, and eighth members of the Board of Retirement: 1. Election Day. Each election day shall be fixed by a Board of Supervisors' Resolution upon notice by the Retirement Administrator that an election must be held. 2. Nominations shall be on forms provided by the County Clerk and filed in his or her office not later than a date set by the Board of Supervisors when calling an election. 3. Ballot Distribution. The County Clerk shall have ballots printed with the nominees' names and with blank spaces for write-in candidates. The County Clerk shall print official ballots in accordance with the requirements for elections governed by Elections Code Section 1000, et seq. Ballots not printed by the County Clerk shall not be used in the election. The County Clerk shall have a ballot mailed on a date set by the Board of Supervisors to the residence of each member of the Retirement Association entitled to vote for a position as of election day, with a ballot envelope in which to enclose the ballot when cast, and imprinted with "Retirement Board Ballot" or similar words, together with a "return postage guaranteed" envelope addressed to the County Clerk for mailing the ballot back to the County Clerk, and with instructions that the ballot shall be marked and the identification envelope signed and returned to the County Clerk by 5:00 P.M. on election day in the envelope provided. The Retirement Department shall provide the County Clerk with a list of the names and addresses of members to whom ballots shall be mailed. 4. Lost, Destroyed or Misplaced Ballots. Lost, destroyed or misplaced ballots shall be replaced by the Elections Division of the County Clerk's Office. The Elections Division shall deputize a sufficient number of persons so that eligible voters can obtain replacement ballots. Payroll clerks or designated clerks may be deputized and authorized to issue replacement ballots. Misuse of this procedure shall be grounds for disciplinary action. 5. Notice. Notice of the election and nomination procedure shall be given by the County Clerk by publishing a copy of the Resolution calling and noticing the election at least once in the "Martinez News Gazette" and other newspapers of general circulation in the County at least ten days before the last day for receiving nominations. 6. Candidates Statement. Each candidate for the Retirement Board may,prepare a Candidate's Statement of Qualification on a form to be provided by the County Clerk. The statement may include the name, age and occupation of the candidate and a brief description, no more than 200 words in length, of the candidate's education and qualifications. The statement shall be filed in the office of the County Clerk no later than the close of the time to file a declaration of candidacy. The County Clerk shall send to each voter together with the ballot, a copy of all written statements timely filed. 7. No Use of County Stationery or Time. No campaign material may be printed on County stationery or County time except official material from the Retirement Board or the Elections Division of the County Clerk's Office. Resolution No. 474 8. Use of Bulletin Boards. Each candidate may post not more than one 8'/z' x 11" sheet of campaign literature or a campaign sign on the main bulletin board of each County office. No posting shall be made prior to the candidate's filing of a declaration of candidacy and postings shall be removed no later than one week after the date of the election. Defacement or unauthorized removal of postings shall be grounds for disciplinary action. 9. Lists of Voters. Each candidate may request and receive a list of eligible voters, at the candidate's expense, if he or she signs a statement that the names will be used for the sole purpose of the election campaign. 10. Interoffice Mail. Interoffice mail service may be used for the delivery of election material. 11. Return of Ballots. Voted ballots may be returned to the Election Division in person, by U.S. mail, or by interoffice mail. 12. Tallying of Votes. Any ballot received after 5:00 P.M. on the election day shall not be counted. The County Clerk shall process the ballots in the same manner as absent voter ballots are processed pursuant to Election Code Sections 14000 et seq. except as specifically set forth herein. Prior to opening the identification envelope, the County Clerk shall challenge all retirement ballots in identification envelopes that have not been signed by the voter. In the event that any voter votes more than once only the first ballot received by the Elections Division shall be valid. The County Clerk shall cause all ballots received by him or her to be opened publicly. The votes shall be counted and tallied by an Election Board selected by the County Clerk which shall forthwith certify the returns to the Board of Supervisors. The Board of Supervisors shall declare the winner elected or shall arrange for a run-off election. The member of the Retirement Association receiving the highest number of votes for the second, third or eighth position shall be declared elected. The Safety Member receiving the highest number of votes for Member No. 7 shall be declared the seventh member. The Safety Member from the Group under Government Code Section 31470.2 or 31470.4 which is other than the Group from which Member No. 7 is declared elected, who receives the next highest number of votes at such election shall be declared elected as the Alternate Member. 13. Limited Nominations. If the County Clerk receives no valid nominations for a position, he or she shall inform the Board of Supervisors which shall call a new election therefor; if the County Clerk receives only one nomination for any position, he or she shall notify the Board of Supervisors which shall declare that person elected to the position. 14. Enforcement. The Assistant County Registrar shall be the enforcement officer in the event that any of these procedures are violated. He or she shall investigate complaints and report any violation to the employee's appointing authority with a recommendation for disciplinary action. A copy of his or her report shall be sent to the Board of Supervisors. This Resolution shall remain in full force and effect until modified by the Board of Supervisors. PASSED and ADOPTED by the unanimous vote of the Board on the tenth day of October, 1995. I hereby certify that the foregoing is a true and correct copy of a resolution entered on the minutes of the Board of Supervisors on the date aforesaid. Witness my hand and the seal of the Board of Supervisors affixed this tenth day of October, 1995. Phil Batchelor, Clerk of the Board of Supervisors and ounty Administrator. By �04�Mk-4�� D u Clerk