DATE: November 28, 2023
TO: Board of Supervisors
SUBMITTED BY: James A. Kus, County Clerk/Registrar of Voters
SUBJECT: Consider and Appoint Director to the Sierra Resource Conservation
District Board of Directors
RECOMMENDED ACTION(S):
TITLE
Consider and appoint candidate Joseph David Denham to the Sierra Resource Conservation District Board of Directors to a term set to expire November 29, 2024.
REPORT
Approval of the recommended action will allow the Fresno County Board of Supervisors to appoint a director to a vacancy in the Sierra Resource Conservation District (Sierra RCD) Board of Directors. The Sierra RCD is governed by California Public Resources Code (PRC) section 9001 et seq. On October 3, 2023, the Clerk of the Board contacted the County Clerk/Registrar of Voters regarding the appointment. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
If the recommended action is not approved, the seat will remain vacant.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action.
DISCUSSION:
Resource Conservation Districts (RCD) are governed by PRC section 9001, et seq. PRC section 9314(b) provides RCDs the option of presenting a board resolution requesting the Board of Supervisors of the principal county to appoint directors as an alternative to holding elections for director positions. An RCD board’s resolution requesting appointment of directors shall remain in effect until rescinded by the board of directors, or until a petition requesting the rescission is received by the elections official. The Sierra RCD submitted an executed standing resolution on June 1, 2016 to the Fresno County Clerk/Registrar of Voters, requesting the Fresno County Board of Supervisors to appoint its directors in lieu of an election pursuant to PRC section 9314(b).
PRC section 9316 states “[i]n case of a vacancy in the office of director appointed pursuant to Section 9314, the vacancy shall be filled, as provided in Section 9314, by appointment for the unexpired term by the Board of Supervisors of the principal county”.
If directors are to be appointed, a notice of vacancy shall be posted pursuant to Government Code section 54974, which provides that a special vacancy noticed be posted in the office of the clerk of the local agency (the County Clerk/Registrar of Voter’ Office, in this instance), on either the local agency’s internet website or at the library, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the RCD’s board shall not be made by the legislative body for at least 10 working days after the posting of the notice.
In 2008, the Board of Supervisors appointed Gary Temple as a director of the Sierra RCD for a four-year term pursuant to PRC section 9314(b). Mr. Temple resigned in 2011. At that time, no one applied for the unexpired term, and no successor was seated. The seat remained vacant due to no candidates and no applicants to fill the director position.
The Sierra RCD contacted the Clerk of the Board and the County Clerk/Registrar of Voters' Office on October 3, 2023, requesting the Board of Supervisors appoint Joseph David Denham pursuant to PRC sections 9314(b) and 9316 to fill a vacancy and serve the remainder of the unexpired term set to expire on November 29, 2024. The Clerk of the Board received an application from Joseph David Denham on October 11, 2023 showing that he is qualified to serve on the Sierra RCD’s Board of Directors.
On October 9, 2023, the Fresno County Clerk/Registrar of Voters posted a special notice of vacancy in its office, on its Internet Website, with the Clerk of the Board of Supervisors, and at the Fresno County Library.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - BCC Application, Joseph David Denham
On file with Clerk - Sierra RCD Board Resolution No. 01-2016
CAO ANALYST:
Ahla Yang