Agenda

Return

C. 37

To:
From:	David Twa, County Administrator
Date:	June 2, 2020

Contra

Costa

County

Subject:

Election of Retirement Board Member Numbers 2, 7 Alternate, 8, and 8 Alternate

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 06/02/2020

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:
cc:	cao Deputy CEO Retirement County Clerk - Elections

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: June 2, 2020
,

BY:	, Deputy

RECOMMENDATION(S):

1. ACKNOWLEDGE that the term of office of the Member 7 Alternate seat on the Contra Costa County Employees' Retirement Association Board of Trustees (Retirement Board) will expire on June 30, 2020 and that the County Employees’ Retirement Law of 1937, Government Code Section 31523 prescribes that an election be held at the earliest possible date to fill the vacancy.

2. ADOPT Resolution No. 2020/149 calling and noticing election of Retirement Board Member 7 Alternate (safety members of the Association ), as recommended by the Contra Costa County Employees’ Retirement Association Board.

FISCAL IMPACT:

None.

BACKGROUND:

The term of office of the Member 7 Alternate seat on the Contra Costa County Employees' Retirement Association Board of Trustees (Retirement Board) will expire on June 30, 2020. The safety members of the retirement system would elect a safety member from the fire suppression group to fill this office for the three-year term ending June 30, 2023, as provided in the attached Resolution, since the seventh member

seat is currently held by a safety member from the sheriff’s group.

Government Code Section 31520.1 (a) provides in part: "The seventh member shall be a safety member of the association elected by the safety members.The eighth member shall be a retired member elected by the retired members of the association in a manner to be determined by the board of supervisors. The alternate member shall be that candidate, if any, for the seventh member from the group under Section 31470.2 or 31470.4, or any other eligible safety member in a county if there is no eligible candidate from the groups under Sections 31470.2 and 31470.4, which is not represented by a board member who received the highest number of votes of all candidates in that group, and shall be referred to as the alternate seventh member. If there is no eligible candidate there may not be an alternate seventh member."

Government Code section 31520.1 also provides in part: "(b)...The alternate seventh member provided for by this section shall vote as a member of the board only if the second, third, seventh, or eighth member is absent from a board meeting for any cause, or if there is a vacancy with respect to the second, third, seventh, or eighth member, the alternate seventh member shall fill the vacancy until a successor qualifies. The alternate seventh member shall sit on the board in place of the seventh member if a member of the same service is before the board for determination of his or her retirement. (c) The alternate seventh member shall be entitled to both of the following:

(1) The alternate seventh member shall have the same rights, privileges, responsibilities, and access to closed sessions as the second, third, seventh, and eighth member.

(2) The alternate seventh member may hold positions on committees of the board independent of the second, third, seventh, or eighth member and may participate in the deliberations of the board
or any of its committees to which the alternate seventh member has been appointed whether or not the second, third, seventh, or eighth member is present."

Nominations for the elected seats shall be on forms provided by the County Clerk starting on Monday, June 8, 2020 and filed in that office not later than 5 p.m. on July 3, 2020. Election Day is fixed as Tuesday, September 29, 2020. Any Ballot reaching the County Clerk’s Office after 5 p.m. on Tuesday, September 29, 2020 shall be voided and not counted.

CONSEQUENCE OF NEGATIVE ACTION:

Inaction by the Board would result in a delay of election 7 Alternate member of the Contra Costa County Employees’ Retirement Association Board.