TITLE
Supervisor Ferrero recommending the Board take the following action:
1) Establish a process to fill by appointment the vacancy on the El Dorado Hills Community Services District Board of Directors pursuant to Government Code Section 1780, including formation of an ad hoc committee to review applications, appoint two Board members to the ad hoc committee and direct that an item be placed on the April 22, 2025, agenda for final action to appoint a member to fill the aforementioned vacancy; or
2) Provide alternative direction to address the vacancy.
FUNDING: N/A
BODY
DISCUSSION / BACKGROUND:
According to information gathered from the El Dorado Hills Community Services District (“EDHCSD”), a vacancy on its Board of Directors arose on January 23, 2025, due to the resignation of Director Chuck King. The term of the office to which Mr. King was elected runs through November 2028. The circumstances surrounding Mr. King’s resignation are the subject of dispute, with Mr. King alleging that he rescinded his notice of resignation prior to its effective date.
Assuming, as indicated by the EDHCSD, that Mr. King’s resignation was effective and a vacancy created, Government Code Section 1780 describes the process for filling that vacancy. A copy of Government Code Section 1780 is attached to this agenda item. In summary, it provides that, within 60 days of notification of the vacancy or the effective date of the vacancy, whichever is later, the EDHCSD Board of Directors may either fill the vacancy by appointment or call an election to fill the vacancy. Should the EDHCSD Board of Directors fail to take action within that time frame, then the Board of Supervisors is authorized to fill the vacancy through either appointment or election. And should the Board of Supervisors fail to take either action within 90 days of the notice of vacancy or the effective date of the vacancy, whichever is later, then the EDHCSD Board of Directors will be compelled to call an election to fill the vacancy.
In accordance with Government Code Section 1780, the EDHCSD Board of Directors considered this matter at multiple meetings. The Board of Directors initially expressed a desire to fill the vacancy through a special election to be held in November 2025. However, the Board of Directors was ultimately unable to reach consensus on a course of action within the 60-day timeframe specified in Government Code Section 1780.
As noted above, in this circumstance, Government Code Section 1780 allows the County Board of Supervisors to fill the vacancy through either appointment or by calling an election. If the Board chooses to fill the vacancy by appointment, the person appointed would hold the office until the next general district election in November 2026. Whoever is elected at that time will then hold the office for the unexpired balance of the term of office (through November 2028). If, however, the Board chooses to fill the vacancy through an election, that election would take place this November 2025 (pursuant to Elections Code Section 1000) and whoever is elected will hold the office for the unexpired balance of the term of office (through November 2028).
To ensure that the vacancy is filled as expeditiously as possible so that the EDHCSD can continue to conduct its business, I recommend that the Board establish a process to fill the vacancy by appointment.
As an alternative, the Board could order the EDHCSD to call an election for November 4, 2025, to fill the vacancy. Preliminary estimates indicate that the cost of conducting that election would be approximately $75,000, which would be borne in full by the EDHCSD. The same result will also be reached if the Board chooses to take no action at all. In that event, upon expiration of the 90-day period specified in Government Code Section 1780, the EDHCSD Board will be statutorily required to call an election to fill the vacancy.
ALTERNATIVES:
(1) Order the EDHCSD to call a special election to fill the vacancy or (2) Take no action.
PRIOR BOARD ACTION: N/A
OTHER DEPARTMENT / AGENCY INVOLVED:
County Counsel
El Dorado Hills CSD
FINANCIAL IMPACT:
The El Dorado Hills CSD will be responsible for covering the entire cost of a special election, should the board decide to order the vacancy to a special election.
CLERK OF THE BOARD FOLLOW UP ACTIONS:
Post Notice of Vacancy and receive applications.
STATEGIC PLAN COMPONENT: N/A
CONTACT: Mark Treat (x5651)