HomeMy Public PortalAbout20060925 - Agenda Packet - Board of Directors (BOD) - 06-23 Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 06-23
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:00 p.m.
Monday, September 25, 2006
330 Distel Circle, Los Altos, California
AGENDA*
7:00 ROLL CALL
ADOPTION OF AGENDA—J. Cyr
BOARD BUSINESS
1. Initial Interviews of Applicants for Director—Ward 4
ADJOURNMENT
Members of the public are invited to forward written comments to the District Clerk regarding the
candidates and/or questions they propose the Board ask candidates. Any comments and/or questions
should be submitted to the Clerk by 12:00 P.M., Monday, September 25, 2006 at the address shown
above, so that there is adequate time to provide them to the Members of the Board prior to the start of the
meeting.
Copies of the applications for Director—Ward 4 have been submitted by:
Lucy Hsu Jerome Galli
Joshua Moore Curt Riffle
Jeff Segall Patricia Showalter
William James Terrance Hanna
and are available at the District office for review by members of the public.
The Board's adopted Procedures for Interviews that will be followed to fill the Ward 4 vacancy are printed
on the reverse side of this Agenda.
The Board has scheduled a second Special Meeting for Monday, October 9, beginning at 7:00 P.M. at the
District office for the purpose of conducting the second round of the interview process and selecting an
appointee to fill the Ward 4 Director position.
Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered
by the Board oJ*Directors. You may address the Board concerning other matters during Oral Communications. Each
speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written
communication, which the Board appreciates.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,please
contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make
reasonable arrangements to ensure accessibility to this meeting.
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Regional Open Space
MIDPENINSU"REGIOMLjOl?6N.SP ACEDIS RIGT=-
Memorandum
To: President Cyr and Directors
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From: Susan Schectman,General Counsel
Date: September 25,2006
Re: Authority of District to Prohibit Candidate Designation of"Appointed Incumbent"During an Election
This memorandum is in response to the inquiry of the Board of Directors whether it may prohibit an
appointed member of the Board of Directors from using the candidate designation"Appointed
Incumbent"at the next general election in which the appointed Director is a candidate for election as
a District Director.
QUESTION:
May the Board of Directors prohibit a Director appointed to fill a vacancy on the Board from using
the candidate designation"Appointed Incumbent"on the ballot at the next general election in which
the appointed Director is a candidate for election to the office to which he or she has been appointed?
CONCLUSION:
No. The State Elections Code establishes the permissible ballot designations to be used at all
elections. The District must adhere to Elections Code requirements except as otherwise provided in
its enabling legislation. Adoption of conflicting candidate designation rules would be pre-empted by
the State Elections Code.
ANALYSIS:
Section 5532 of the District's enabling legislation,Public Resources Code Section 5500 et seq.,states
that,except as provided in the enabling legislation,the California Elections Code governs the manner
of placing candidates names on the ballot.In addition, Section 10503 of the Elections Code provides
that where a district's enabling legislation is silent on an election matter,the general elections law of
the state governs.
The District's enabling legislation is silent on the issue of the designation of candidates on ballots.
The Elections Code is not silent on this subject but rather includes specific rules regarding the
appropriate designation of candidates.Elections Code Section 13107(copy attached)provides that,at
the option of the candidate,the candidate may select only one of four categories of designations to
September 25, 2006
appear on the ballot: 1)the elective office the candidate currently holds;2)the title "incumbent"if a
candidate for the same office held;3)the current profession or vocation of the candidate;or 4)the
term"appointed incumbent"if that is the status of the candidate.The Section provides that the
candidate may not use the unmodified term"incumbent."
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A special district may not adopt a law which conflicts with a state law,unless otherwise permitted.A
local law conflicts with a state law if it contradicts state law or regulates a subject that has been fully
regulated by state law. This doctrine is known as"preemption."
A local law that prohibits what the Legislature intended to authorize is generally found to be
preempted. Preemption is also generally found where a subject matter has been so fully covered by
state law as to clearly indicate that the matter is of statewide concern,or where a subject matter has
been partially covered and is of such a nature that contradictory local ordinances would have an
adverse effect on the citizens of the state.
Since the Elections Code has arguably fully regulated the subject of candidate designations,and since
the Elections Code expressly states that its provisions apply where an enabling act is silent,adoption
of a local rule prohibiting that which the Elections Code expressly permits would likely be found to
be preempted by Elections Code Section 13107.
Therefore,if the Board of Directors were to adopt a rule that prohibited a candidate from using the
j designation"appointed incumbent",such a rule would prohibit what Elections Code Section 13107
permits and would likely be found to be preempted by state law.
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105. DIVISION 13.BALLOTS;SAMPLE BALLOTS. Chapter 2.Forms of Ballots:Ballot Order 13107.5.
13 AND VOTER PAMPHLETS
there is not sufficient space to the right of the name,there shall be printed.m Code or Section 7228,7423,7673,10229,or 10515 of this code.
eight-point roman lowercase type the name of the qualified political party (b) Neither the Secretary of State nor any other elections official shall It
with which the candidate is affiliated. accept a designation of which any of the following would be true:
(b)In the case of candidates for President and Vice President,the name of (1)It would mislead the voter. N
the party shall appear to the right of and equidistant from the pair of names of (2)It would suggest an evaluation of a candidate,such as outstand-
these candidates. ing,leading,expert,virtuous,or eminent.
(c)If for a general election any candidate has received the nomination of (3)It abbreviates the word"retired"or places it following any word
any additional party or parties,the name(s)shall be printed to the right of the or words which it modifies.
name of the candidate's own party.Party names of a candidate shall be sepa (4)It uses a word or prefix,such as"former"or"ex-,"which means a
rated by commas.If a candidate has qualified for the ballot by virtue of an r
independent nomination,the word"Independent"shall be printed instead I prior status.The only exception is the use of the word"retired." ,�
(5)It uses the name of any political party,whether or not it has quali-
of the name of a political party in accordance with the above rules. j
(Added by Stats.1994,c.920,§2.) fied for the ballot.
r (6)It uses a word or wards referring to a racial,religious,or ethnic
13106. No title or degree. group.
No title or degree shall appear on the same line on a ballot as a candi (7)It refers to any activity prohibited by law. ti
date's name,either before or after the candidate's name,in the case of any (c) If, upon checking the nomination documents, the elections official
election to any office. finds the designation to be in violation of any of the restrictions set forth in
(Added by Stats.1994,c.920,§2.)
red or
this section,the elections official shall notify the candidate by registe a
13107. Ballot designation requirements. certified mail return receipt requested, addressed to the mailing address
(a) With the exception of candidates for Justice of the State Supreme appearing on the candidate's nomination documents.
Court or court of appeal,immediately under the name of each candidate,and (1)The candidate shall,within three days from the date of receipt of
not separated from the name by any line,may appear at the option of the can- the notice,appear before the elections official or,in the case of the Secretary of �a
didate only one of the following designations: State,notify the Secretary of State by telephone, and provide an alternate
(1)Words designating the elective city,county,district,state,or fed- designation.
eral office which the candidate holds at the time of filing the nomination doc- (2)In the event the candidate fails to provide an alternate designa- i
uments to which he or she was elected by vote of the people,or to which he or tion,no designation shall appear after the candidate's name.
she was appointed,in the case of a superior court judge. (d)No designation given by a candidate shall be changed by the candi-
(2)The word"incumbent"if the candidate is a candidate for the same x date after the final date for filing nomination documents,except as specifi-
office which he or she holds at the time of filing the nomination papers,and cally requested by the elections official as specified in subdivision(c)or as
was elected to that office by a vote of the people,or,in the case of a superior provided in subdivision(e).
court judge,was appointed to that office. (e)The designation shall remain the same for all purposes of both pri-
(3)No more than three words designating either the current princi- mary and general elections,unless the candidate,at least 98 days prior to the f,
pal professions,vocations,or occupations of the candidate,or the principal general election,requests in writing a different designation which the candi-
professions,vocations,or occupations of the candidate during the calendar date is entitled to use at the time of the request.
year immediately preceding the filing of nomination documents.For pur- (f)In all cases,words so used shall be printed in 8-point roman uppercase I
poses of this section,all California geographical names shall be considered to and lowercase type except that,if the designation selected is so long that it }
be one word.Hyphenated words that appear in any generally available stan- would conflict with the space requirem ents of Sections 13207 and 13211,the
dard reference dictionary,published in the United States at any time within elections official shall use a type size for the designation for each candidate
the 10 calendar years immediately preceding the election for which the for that office sufficiently smaller to meet these requirements.
words are counted,shall be considered as one word.Each part of all other (g)Whenever a foreign language translation of a candidate's designation F'
hyphenated words shall be counted as a separate word. v )
4 The prase -appointed incumbent" if the candidate holds an is required under the Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 , as
O P Pp amended,to appear on the ballot in addition to the English language version,
office other than a judicial office by virtue of appointment,and the candidate it shall be as short as possible,as consistent as is practicable with this section,
is a candidate for election to the same office,or,if the candidate is a candidate and shall employ abbreviations and initials wherever possible in order to
for election to the same office or to some other office,the word"appointed" avoid undue length.
and the title of the office.In either instance,the candidate may not use the (Amended by Stats.2003,c.62,§84.)
unmodified word"incumbent"or any words designating the office unmodi-
fied by the word"appointed."However,the phrase"appointed incumbent'" 13107.5. Ballot designation of"community volunteer.
shall not be required of a candidate who seeks reelection to an office which he (a)A candidate's ballot designation as"community volunteer"shall con-
e or she holds and to which he or she was appointed,as a nominated candidate, stitute a valid principal vocation or occupation for purposes of subdivision
in lieu of an election,pursuant to Sections 5326 and 5328 of the Education (a)of Section 13107,if not otherwise in violation of any of the restrictions set
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Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
GENERAL CRITERIA FOR APPOINTMENT TO BOARD OF DIRECTORS
1. Wants the job!
2. Involvement in, or awareness of, local government functions and operations
3. Some knowledge or awareness of finance and budget issues
4. Knowledge of and exposure to community service activities
5. Interest, time and energy to give to the job
6. Sense of humor
7. Flexibility
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8. Sensitivity to the community
9. Abi I ity to work i n a team setti ng
10. Knowledge and awareness of what is going on in the District
11. Not single-issue oriented
12. Breadth of awareness of, and outlook on, kinds of issues District faces
13. Knowledge of how District fits into the greater region
14. Ability to bring strength to and complement current Board, and add a different dimension
to the Board
15. Comfortable with public speaking and working with groups
16. Ability to make decisions for the good of the District in the face of political pressure.
17. Dedicated to the preservation of open space
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330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200
Fax: 650-691-0485 • E-mail: inf000penspace.org • Web site: www.openspace.org
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PROCEDURES FOR INTERVIEWS
First Round
1. Order of appearance of applicants established in a random drawing of names.
2. Each candidate is allotted up to five minutes for opening statement and a minimum of three minutes for
clarifying questions by the Board.
3. Round-robin questioning by Board members of applicants for a maximum of 30 minutes. Random
drawing for order of appearance for final statements.
4. Board recess for 10 minutes.
5. Each applicant will have two minutes maximum for a final statement.
6. Each Board member casts a signed ballot for up to six top choices for second round interviews.
7. Clerk keeps ballots for later public inspection.
8. Voting tallied and announced by District Clerk.
9. The field will be narrowed for the second round to half of the original number of applicants, but at
most four, based upon the candidates receiving the most votes.
Second Round
1. Random drawing for order of appearance.
2. Each finalist allotted 20 minutes for answering questions posed by the Board.
3. Random drawing for order of appearance for final statements.
4. 10 minute recess.
5. Each finalist will get five minutes for summary.
6. Each Board member casts a signed ballot for his or her choice of appointment.
7. Voting tallied and announced by District Clerk.
8. District Clerk keeps ballots for later public inspection.
9. If no candidate receives four votes, there will be additional votes on the full list of finalists until a
candidate receives four votes.
10. Board adopts resolution naming appointment to fill the office.
Absence of candidates from interviews —The Board will consider the written application and supplementary
information provided by candidates who cannot attend one or both sessions.
330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200
Fax: 650-691-0485 • E-mail: infocopenspace.org • Web site: www.openspace.org
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PROCEDURES FOR INTERVIEWS
First Round
1 Order of appearance of applicants established in a random drawing of names.
2. Each candidate is allotted up to five minutes for opening statement and a minimum of
three minutes for clarifying questions by the Board,
3. Round-robin questioning by Board members of applicants for a maximum of 30 minutes.
Random drawing for order of appearance for final statements.
4. Board recess for 10 minutes.
5. Each applicant will have two minutes maximum for a final statement.
6. Each Board member casts a signed ballot for up to six fop choices for second round
interviews.
7. Clerk keeps ballots for later public inspection.
8. Voting tallied and announced by District Clerk.
9. The field will be narrowed for the second round to half of the original number of applicants,
but at most four, based upon the candidates receiving the most votes.
Second Round
1 . Random drawing for order of appearance.
2. Each finalist allotted 20 minutes for answering questions posed by the Board.
3. Random drawing for order of appearance for final statements.
4. 10 minute recess.
5. Each finalist will get five minutes for summary.
6. Each Board member casts a signed ballot for his or her choice of appointment.
7. Voting tallied and announced by District Clerk.
8. District Clerk keeps ballots for later public inspection.
9. if no candidate receives four votes, there will be additional votes on the full list of finalists
until a candidate receives four votes.
10. Board adopts resolution naming appointment to fill the office.
Absence of candidates from interviews-The Board will consider the written application and
supplementary information provided by candidates who cannot attend one or both sessions.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200
Fox: 650-691-0485 • E-mail: lnfo@openspoce.org • Web site: www.openspace.org