G E N E R A L M A N A G E R ' S R E P O R T
TO: Board of Directors
FROM: Richard Andrews, General Manager
SUBJECT: Resignation
of Director David Hendrick
_________________________________________________________________________
1. Review
and consider formally accepting the resignation of David R. Hendrick from the
District Board of Directors, effective on March 1, 2005.
2.
Today or at your February Board meeting, adopt
procedures to be followed in filling the forthcoming vacancy on the Board.
Enclosed is a copy
of email correspondence to Board President, Gary Hornbuckle, from Director
David Hendrick resigning his office as an elected member of the PBCSD Board of
Directors, effective March 1, 2005.
Under State law a position on the Board becomes vacant upon resignation
or when the incumbent no longer resides within the District. The term of office for the Board member
position currently occupied by Mr. Hendrick expires following the District’s
general election on November 1, 2005.
Attached is a
memorandum to the Board prepared by District Legal Counsel, which outlines
authorized alternative procedures for dealing with a board member vacancy. In summary, the Board’s choices are to: 1)
within 60 days after the effective date of Director Hendrick’s resignation (by
April 30), appoint someone to fill the vacancy until the next district general
election in November 2005 (which would also coincide with the end of Director
Hendrick’s elected term of office), or 2) leave the position vacant and call an
election in November, the earliest date legally authorized. If the Board does not act within 60 days of
the position becoming vacant, the County Board of Supervisors has authority for
a limited period of time to appoint someone to fill the vacancy. If your Board opts to fill the position by
election it must be held with the regularly scheduled general election on
November 1 and the term of office will be four years.
If the Board
decides to appoint a person to fill the vacancy, any or all of the following
alternative procedures are appropriate in addition to minimum required public
postings of a
"Notice of Vacancy":
·
The Board could consider
appointing any of the unsuccessful candidates from the last District election
or appointment process; or, a variation of that process would be to select the
person who received the next highest number of votes in the District election
or in the Board’s internal appointment process; or
·
Directors may personally
recruit and nominate candidates; and/or
·
An announcement could be
published in a local newspaper inviting applications. If candidates are
solicited for appointment they may be requested to submit a letter application
and/or resume; and, if candidates will be considered for appointment, they
should be scheduled on the agenda to be interviewed and selected in an open
meeting by the Board during a regular or special meeting.
Following action by
the Board to accept Director Hendrick’s written resignation, the Board should
determine now or at your meeting on February 25 which alternative procedure
outlined by District Legal Counsel most appropriately meets the District's
requirements.
RA
c: Robert Wellington, District Legal
Counsel