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TO: BOARD OF SUPERVISORS f {
FROM: JOHN SWEETEN, County Administrator "I Costa
DATE: December 4, 2001 °O r--c----- - County
SUBJECT: LOS MEDANOS COMMUNITY HEALTHCARE DISTRICT o%A 00
BOARD OF DIRECTORS VACANCY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
CONSIDER and DISCUSS the options available to the Board of Supervisors in addressing the
current vacancy on the five-member Los Medanos Community Healthcare District Board of
D i rectors.
BACKGROUND
On September 26, 2001, the Los Medanos Community Healthcare District was notified of
Albert Prince's resignation from the District's five-member Board of Directors. The vacancy
must be filled pursuant to Government Code section 1780. (Health & Safety Code, § 32100.)
Under section 1780, the District Board had 60 days (until November 25, 2001) to fill the
vacancy by appointment or to call an election to fill the vacancy. The District Board did not
take either action, as it could not decide between two persons.
Accordingly, under section 1780, the Board of Supervisors has the following three options:
➢ Within 90 days of when the District received notification of the vacancy (that is, by
December 25, 2001), the Board of Supervisors may fill the vacancy by appointment.
Under this option, the Board of Supervisors may consider the four persons considered by
the District Board (Evamaria Croskey, Mike Lengyel, Lou Rosas and Joe Rubi), or conduct
its own recruitment (though time is limited before the Board of Supervisor's last meeting of
the month on December 18, 2001).
➢ By December 25, 2001, the Board of Supervisors may order the District to call an election
(at the District's expense). Such an election could not be held until the next established
election date 130 or more days after the date the Board of Supervisors called for the
election. The election would therefore probably not occur until November 2002.
CONTINUED ON ATTACHMENT. 09'(E� ❑NO SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI N F BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ,
ACTION OF BOA N December 4, 2001 APPROVE AS RECOMMENDED OTHER XX
B and of Supervisors took the following action:
CONSIDERED and DISCUSSED the options available to the Board of Supervisors in addressing the current
vacancy on the five-member Los Medanos Community Healthcare District Board of Directors; INVITED
interested parties to apply by the December 13, 2001 deadline; DIRECTED the recommendation from
Supervisor Glover on said appointment to be placed on the December 18,2001 agenda.
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
_XX_UNANIMOUS(ABSENT Nnna ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES; SHOWN.
ABSENT: ABSTAIN:
ATTESTED December 4, 2001
CONTACT: JULIE ENEA (925)335-1077 JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: COUNTY ELECTIONS
COUNTY COUNSEL
LOS MEDANOS COMMUNITY HEALTHCARE DISTRICT BOARD-OF DIRECTORS
r '
BN DEPUTY
Los Medanos Community Healthcare District December 4, 2001
Board of Directors Vacancy Page 2
The Board of Supervisors may choose to take no action. If, by December 25, 2001, the
Board of Supervisors does not fill the vacancy by appointment or order the District to call
an election to fill the vacancy, the District must call an election (at the District's expense).
Such an election could not be held until the next established election date 130 or more
days after the date the District Board called for the election. The election would therefore
probably not occur until November 2002.
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OV. -25' 01 (FRI ) 11 :58 ARCHER NORRIS TEL: 1925954-0665 P. 002
ARCHER0N0RRIS
2059 North Maln Slraot.Sults 900 CAUFOPNiA OFFiccs
Po Box 9035 Walnut Crook
Walnul Crask,CA 94996.3729 Rlchmon0
025.030.0600 onmdo
025.030.6620(Fox)
Memorandum
To: Silvano B. Marchesi, County Counsel
From. Colin J. Coffey, Archer Norris
Date: November 23, 2001.
Re: Vacancy & Appointment, Los Medanos Community Healthcare District
This is to confirm that the District's statutory appointment period is expiring as of
November 26h and the District will not be meeting to fill this vacancy. The
authority for the appointment is therefore placed with the County Board of
Supervisors pursuant to Government Code Section 1780.
For your records attached is a copy of Director Prince's resignation which was
received by the District on September 26, 2001. Also attached is a copy of my
letter to Mr. Weir providing notice of the vacancy as provided in Section 1780.
The District thanks'you for your attention and interest In this matter.
CC: LMCHD, Board of Directors
NOV. -25' 01IFR11 11 :58 ARCHER NORRIS TEL: 19259343665 P. 003
SF!P-26-2000 14:54 LOS MEDRNOS HOSPITHL 925 427 1669 P.02/02
September 12, 2001 D
5EP 2 2001
Board of Directors
Los Medanns Community Health Care District
2200 Lnveridge Road
Pittsburg, Ca 94565
Dear Colleagues:
On July 18, 20011 sent our Vice Chair a letter wanting to discuss my resignation
from the Board of Directors of the Los Medanos Health Care District,
At that time she felt It premature to accept my resignation Por a number of
reasons, many of which were centered on transition issues.
Two months later, and with some of those tmnsldon Issues behind us, it Is truly
time for me to move on.
Therefore I am resigning from the Board effective Tuesday, September 18, 2001.
It has truly been a privilege working with all of you.
ly,
Al Ince
TOTAL P.02
08/28/2001 WED 16!04 (T%/RX NO 02271 Q002
.NOV. -2Y0I (FR11 11 :59 ARCHER NORRIS TEL: 19259343665 P. 004
WARC'HER w NORRI
2033 Norm Main street,supe aoo CAIJOhViA Orvices
PO Box 0036 walnut creek
walnut creak,CA 94696.3728 f4chmond
926.930.6600 Ontario
926.930.6620(FaY) October 1 1, 2001 COUN J.COFFEY
=ffay@archemoMe.com
610 222.2100
Hon. Steve Weir
Contra Costa County Clerk
Registration/Election Department
524 Main Street
Martinez, California 94553-1140
Re: dos Medanos_Community Healthcare Distrlet Board Vacancy
Dear Mr-Weir:
Pursuant to Government Code Section 1780 (a),the Los Medanos Community
Healthcare District hereby notifies you of a vacancy on its Board of Directors. The District
received notification of Director Albert Prince's resignation on September 26, 2001. Mr.
Prince's seat on the District's Board has an ordinary term expiring in December 2002.
Please let me know if you have questions on this matter.
Very truly yours,
HE
B Colin J. Co
General Counsel, LM
CJC:gcc
cc: I-MCHD
L0086001/223076-1
Archer Harris,n Prafesslona!Low Corporrrtlon■