SLVWD Board Meeting Summary
May 21, 2024
Mark Dolson
Highlights:
Board Vacancy
Next Board meeting is at 6:30 PM on June 6, 2024
Preliminaries
Director Fultz was absent.
President Hill reported that no actions were taken in the just-concluded Closed Session.
There were no changes to the agenda and no general public comments.
Unfinished Business
None.
New Business
Vacancy in Elective Office
Interim General Manager Brian Frus introduced this agenda item. He explained that Director Mahood’s May 3rd resignation created a vacancy on the Board. By law, the District has 60 days to fill this via appointment (for the remainder of the term) or, alternatively, to decide to hold a special election or leave the position open until the November election. After 90 days, the County assumes responsibility in place of the District. This means that August 2nd is the last day for the District to fill the position via appointment.
A notice of vacancy must be posted for at least 15 days prior to the deadline for receipt of applications. The Board Policy Manual states that interviews shall be conducted at the next regular Board meeting following the date of closure of applications, and appointments made without undue delay. In this particular case, the application deadline would be no sooner than June 6th, and the next regular Board meeting after that date will be August 1st.
Brian expressed concern that a prolonged Board vacancy could create governance challenges such as difficulty achieving a quorum, thereby impeding the ability to complete District business. Staff therefore recommended that the Board deviate from the Board Policy Manual and adopt the following motion:
The Board:
Finds that a Board seat has become vacant as of May 3, 2024; and
Agrees to fill the vacancy by appointment; and
Directs the Interim General Manager to proceed with posting a notice of vacancy with June 6, 2024 at 3:00 p.m. as the closing date for the receipt of applications; and
In departure from the Board Policy Manual guidelines, schedule applicants for interviews at either at a special meeting or at the July 18th meeting; and
May make its appointment at the July 18th meeting, or at any properly noticed Board meeting conducted on or before August 2, 2024.
There was a brief discussion between Directors Ackemann and Smolley and Legal Counsel Barbara Brenner. They concluded that an appointment could be made immediately after interviews are complete and that an appointment could be made at a special meeting (which the July 18th meeting will be). Director Ackemann asked if the Board could begin by agreeing on appointing rather than waiting until November or holding a special election, and on interviewing before the August 2nd meeting. Director Smolley asked if the Board needed to vote at this meeting on all five points in the recommended motion, and he was persuaded that it did.
Bruce Holloway of Boulder Creek offered a public comment. He began by cautioning the Board president against improperly calling for a motion prior to calling for public comment. He then challenged Barbara’s guidance about the deadline for appointing and offered some personal reflections on the importance of appointing within the 60-day limit.
Barbara said she stood by her guidance.
President Hill moved to adopt the resolution recommended by Staff. Director Ackemann seconded.
The motion passed 3-0.
President Hill announced that the meeting would be adjourned following a brief return to Closed Session.