Agenda

Return

D. 8

To:	Board of Supervisors
From:	David Twa, County Administrator
Date:	February 12, 2013

Contra

Costa

County

Subject:

Interviews for Selected County Clerk-Recorder Applicants

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/12/2013

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

See Addendum

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Ted Cwiek (925) 335-1770
cc:	Ted Cwiek, Human Resources Director

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: February 12, 2013
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

INTERVIEW Jack Edward Weir and Joseph Canciamilla for the position of Clerk-Recorder.

DETERMINE what action the Board wishes to take regarding the selection of a finalist for the position and CONSIDER next steps.

CONFIRM that,under Penal Code section 11105(b)(11), the County Administrator is authorized to obtain criminal history information about the finalist for the position of Clerk-Recorder. This information is necessary to assist the County in fulfilling its duties in appointing a Clerk-Recorder. AUTHORIZE County Administrator to require that the finalist be fingerprinted for this purpose. DIRECT the County Administrator to maintain custody and control of the records as described herein.

RECOMMENDATION(S): (CONT'D)

REQUEST the finalist to provide the County Administrator with a completed 2012/2013 financial disclosure form (FPPC Statement of Economic Interests - Form 700).

FISCAL IMPACT:

None.

BACKGROUND:

The current County Clerk-Recorder, Stephen Weir, has announced that he will be retiring in late March, 2013 his term of office ends January 5, 2015. Steve Weir has served as the County's Clerk-Recorder since being appointed by the Board in 1989 to complete the term of the previous Clerk-Recorder upon his demise. The minimum qualification for the Clerk-Recorder position is to be a citizen, registered to vote, and a resident of the County. In 1989, the Board of Supervisors process included having the Board of supervisors determine which candidates to interview at a public meeting.

On December 11, 2012 the Board of Supervisors agreed to a County-only recruitment, to review all applications in public and identify those applicants whom a majority of the Board wished to interview at a subsequent date.

On February 5, 2013, the Board of Supervisors chose the following two applicants for interviews to be held on February 12:

Joseph Canciamilla
Jack Edward Weir

There are a number of State laws that provide for permanent disqualification from holding office as a result of a criminal conviction arising out of office-related misconduct, including recently enacted AB 2410 (Elections Code section 20). On February 5, 2013, the Board voted to authorize the County Administrator to obtain criminal history information for the finalist for the position of Clerk-Recorder, at such time as a finalist is selected. The finalist will need to be fingerprinted for the purpose of obtaining criminal history information. This information is necessary to assist the Board in fulfilling its duties with respect to the appointment of the Clerk-Recorder and to assure that the applicant for office is not disqualified from holding office by California law.

The records will be accessible only to the County Administrator, County Counsel and, if deemed necessary, to the Board of Supervisors. If the Board acts today to select a finalist, the County Administrator will proceed with the direction to obtain a criminal background check. The finalist will also be required to provide the County Administrator with a 2012/2013 Form 700 Statement of Economic Interests.

If the background check raises no concerns, The County Administrator will place an item on the agenda requesting the Board to consider appointing the finalist to the position of Clerk-Recorder. If the background check raises concerns, the County Administrator will place an item on the agenda to ask the Board to consider next steps. The finalist's 2012/2013 Form 700 Statement of Economic Interests will be provided to the Board as an attachment to the Board Order at the time the Board considers its next action.

The goal continues to be to make an appointment by April 1, 2013.

CONSEQUENCE OF NEGATIVE ACTION:

Delay in appointment of a County Clerk-Recorder.

CHILDREN'S IMPACT STATEMENT:

None.

CLERK'S ADDENDUM

INTERVIEWED Jack Edward Weir and Joseph Canciamilla for the position of Clerk-Recorder;

SELECTED Joseph Canciamilla as the finalist to fill the position by unanimous vote with all Supervisors present;

CONFIRMED that, under Penal Code section 11105(b)(11), the County Administrator is authorized to obtain criminal history information about the finalist for the position of Clerk-Recorder;

AUTHORIZED County Administrator to require that the finalist be fingerprinted for this purpose;

DIRECTED the County Administrator to maintain custody and control of the records as described herein;

REQUESTED the finalist to provide the County Administrator with a completed 2012/2013 financial disclosure form (FPPC Statement of Economic Interests - Form 700).