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File #: RES 21-092    Name: Approve HOlding Election for INdependent Elected BOD for EGCSD
Type: BoS Resolution Status: Passed
File created: 5/14/2021 In control: Board of Supervisors
On agenda: 5/25/2021 Final action: 5/25/2021
Title: CONTINUED FROM MARCH 16, 2021 - It is recommended that the Board of Supervisors: 1) Consider whether to hold an election for a directly elected Board of Directors either in November 2021 or November 2022; 2) If held in November 2021, adopt a resolution directing the Registrar to conduct the election as more fully described in the staff report. 3) If held in November of 2022, adopt a resolution declining a November 2021 election and directing staff to return with a procedure and/or options for a November 2022 election.
Attachments: 1. Board Report, 2. Attachment A-March 16, 2021 Board Report, 3. Attachment B-Detailed Background and Discussion, 4. Attachment C-Detailed Timeline, 5. Attachment D-Senate Bill 1092-Section 61029.5 - Updated, 6. Attachment E-County Counsel May 11, 2021 Memorandum, 7. Attachment F-EGCSD AC Nov 2022 Election Preference Ltr, 8. Attachment G-Elections Code 10404, 9. Attachment H-Draft BOD Resolution Nov 2, 2021 Election, 10. Attachment I-Draft BOD Resolution Decline Nov 2, 2021 Election, 11. Attachment J-Draft BOS Resolution November 2, 2021 Election, 12. Attachment K-Draft BOS Resolution Decline Nov 2, 2021 Election, 13. Completed Board Order and Resolution Item No. 12
Title
CONTINUED FROM MARCH 16, 2021 - It is recommended that the Board of Supervisors:
1) Consider whether to hold an election for a directly elected Board of Directors either in November 2021 or November 2022;
2) If held in November 2021, adopt a resolution directing the Registrar to conduct the election as more fully described in the staff report.
3) If held in November of 2022, adopt a resolution declining a November 2021 election and directing staff to return with a procedure and/or options for a November 2022 election.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
1) Consider whether to hold an election for a directly elected Board of Directors either in November 2021 or November 2022;
2) If held in November 2021, adopt a resolution directing the Registrar to conduct the election as more fully described in the staff report.
3) If held in November of 2022, adopt a resolution declining a November 2021 election and directing staff to return with a procedure and/or options for a November 2022 election.

SUMMARY/DISCUSSION:
This item came before the Board on March 16, 2021 and it was continued to a date uncertain to allow staff an opportunity to respond to questions from several supervisors and EGCSD Advisory Committee members. (See March 16, 2021 Board Report as Attachment A and Detailed Background and Discussion as Attachment B) A question arose as to whether the election should be set in November 2022, rather than November 2021, to reduce cost and increase voter participation by consolidating with the State general elections. Staff was specifically requested to determine whether the California Voters Participation Rights Act of 2015 (CVPRA) required consolidation with State general elections, in consultation with the ED.

The CVPRA specifically states that it does not apply to special elections; the EGCSD independence elections are special elections, and therefore the CVPRA does not apply to the independent election itself. The...

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