DATE: December 3, 2024
TO: Board of Supervisors
SUBMITTED BY: Bernice E. Seidel, Clerk of the Board
SUBJECT: Rescind Previous Appointment and Consider New Appointment to the Fresno Slough Water District Board in Accordance with California Elections Code Section 10515
RECOMMENDED ACTION(S):
TITLE
1) Rescind Appointment of Michael Nordstrom to a new term of office on the Fresno Slough Water District Board; and
2) Consider and appoint candidate Craig Andrew to the Fresno Slough Water District Board to a full-term expiring December 1, 2028.
REPORT
Approval of the recommended actions will rescind the recent appointment of Mr. Nordstrom by your Board to a new term of office on the Fresno Slough Water District (“District”) Board and appoint Mr. Andrew to the new term of office, effective December 6, 2024, and expiring December 1, 2028. Mr. Nordstrom has resigned from his current position on the District Board and does not wish to continue serving on a new full-term of office. There is no additional Net County Cost associated with the recommended actions. This item pertains to a location in District 1.
ALTERNATIVE ACTION(S):
There is no viable alternative action. Mr. Nordstrom has resigned from his position on the District Board as he no longer wishes to serve, and the District has presented Mr. Andrew as a qualified candidate for your Board’s appointment.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions.
DISCUSSION:
The District Board is organized by California Water Code Section 34000, et seq., and consists of five (5) members who shall be either a holder of title to land within the District, the legal representative of the holder of title to land in the District in accordance with Water Code Section 34030, or a representative designated by a holder of title to land within the District, if the holder has filed with the District written evidence of that designation (Water Code Section 34700).
On July 19, 2024, the Clerk of the Board’s office received a Certification pursuant to California Elections Code Section 10515 from the District, certifying that the number of persons who filed a declaration of candidacy for director at large does not exceed the number of offices to be filled at their election scheduled for November 5, 2024. According to the Certification, only two (2) qualified individuals, Danny M Wade and Michael Nordstrom, both incumbents, filed for the two (2) positions whose terms were up for election and will expire December 6, 2024. The District thereby requested your Board to appoint Mr. Wade and Mr. Nordstrom to the District Bord in lieu of election. On October 22, 2024, your Board approved the appointments of Mr. Wade and Mr. Nordstrom to the District Board, and the Clerk of the Board’s office subsequently notified the District and appointed individuals.
On October 30, 2024, the District notified the Clerk of the Board that Mr. Nordstrom had resigned from his current term, and Clerk of the Board staff confirmed with Mr. Nordstrom that he is no longer interested in continuing to serve on the District Board.
Approval of the first recommended action will rescind your Board’s October 22, 2024, appointment of Mr. Nordstrom to the District Board.
On November 18, 2024, the Clerk of the Board’s office received notification from the District that their District Board had met earlier that day and appointed Craig Andrew to serve the remainder of the term vacated by Mr. Nordstrom. On November 20, 2024, the District submitted a request to the Clerk of the Board’s office for your Board to appoint Mr. Andrew to the new term Mr. Nordstrom was previously appointed to. Included in the District’s submission was a Boards, Commissions, and Committees (BCC) application for Mr. Andrew. The District has confirmed Mr. Andrew qualifies for appointment to the District Board.
Elections Code Section 10515 provides for the Board of Supervisors, as the supervising authority, to appoint any person to an office who is qualified on the date when the election would have been held.
Approval of the second recommended action will appoint Mr. Andrew to the District Board for a full-term effective December 6, 2024, and expiring December 1, 2028.
REFERENCE MATERIAL:
BAI #24.1, October 22, 2024
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - BCC Application (Andrew)
CAO ANALYST:
Ahla Yang