CHAPTER NO.: 2700 – Boards, Commissions and Committees PAGE 1 of 3
SUBJECT: 2710 – Appointment to and Service on Boards, DATE: May 11, 2004
Commissions and Committees Reviewed: May 2004
2711 – General Requirements for Appointments
2711.1 Annual List of Boards, Commissions and Committees – As required by the Local Appointments List Law (Gov. Code, § 54970 et seq.), on or before December 31 of each year, the Clerk to the Board of Supervisors (hereafter "Clerk") shall prepare a list of each regular and ongoing board, commission, or committee (hereafter "BCC") appointed by the Board of Supervisors on which members of the public may serve. The list shall contain, at a minimum, the following information: all terms which will expire during the next calendar year, the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position, and, for BCC's without fixed terms, a list of these BCC's and the necessary qualifications for each position. The Clerk shall make the list available to the public in the Clerk's office and shall forward a copy to the Central Headquarters of the Fresno County Library (hereafter "the designated library").
2711.2 Copies of Relevant Documents to Clerk – The County Administrative Officer shall forward to the Clerk copies of all documents received regarding BCC's, including Board Legal Reports, Board Briefing Reports, and similar items.
2712 – Posting and Filling of Unscheduled Vacancies
2712.1 Posting – As required by the Local Appointments List Law, whenever an unscheduled vacancy occurs in any BCC, whether due to resignation, death, termination, or other cause, the Clerk shall post a special vacancy notice in the Clerk's office, and shall forward a copy to the designated library, beginning not earlier than 20 days before or not later than 20 days after the vacancy occurs.
2712.2 Appointment – Pursuant to the Local Appointments List Law, final appointment to a BCC shall not be made by the Board of Supervisors until at least 10 working days after the posting of the notice in the Clerk's office.
SUBJECT: NUMBER: DATE: PAGE:
Boards, Commissions 2710 May 11, 2004 2 of 3
and Committees Reviewed: May 2004
2712.3 Emergency Appointment – Pursuant to the Local Appointments List Law, if the Board of Supervisors finds that an emergency exists, it may fill an unscheduled vacancy immediately, but the appointee shall serve only on an acting basis until a final appointment is made after the unscheduled vacancy is properly posted.
2712.4 No Tentative or Contingent Appointments – The Board of Supervisors shall not make an appointment either tentative or contingent on any other event or activity whatsoever.
2713 – Action by Board of Supervisors
2713.1 Application Process – All persons interested in serving on a BCC shall complete and submit to the Clerk the general County application form and any supplementary forms required for a particular BCC. This requirement includes not only new applicants, but also incumbents whose terms are expiring, and persons whose nomination is restricted to a particular Supervisor, County department, or other person or entity.
2713.2 Application Deadline – Except for emergency appointments under Section 2712.3, the Board of Supervisors shall appoint only from those persons who have submitted applications to the Clerk in sufficient time for the minimum qualifications to be checked. Sufficient time shall mean that applications must be received by the Clerk at least one week prior to the Board meeting at which the appointment is made. Application forms received by a BCC, or by Supervisors or their staff, shall not be considered submitted.
2713.3 Presentation of Names to the Board – The Clerk shall provide the Board members with a list of eligible applicants. The Clerk shall indicate the nomination process for that particular BCC, including whether nomination may be at large by any Supervisor, or is restricted to the Supervisor elected from a particular District, the Chairman, a County department, or another person or entity.
2714 – Notice of Appointment
2714.1 Effective Date of Appointment – All appointments by the Board of Supervisors are made by the Board. (Individual Supervisors may nominate as described in section 2713.) Therefore, the appointment is effective when the Chairman signs the action summary minutes. (Gov. Code, § 1342.)
2714.2 Notification Letter – After the appointment is effective, the Clerk shall promptly send the appointee written notice of his or her appointment. The notice shall be signed by the Clerk. It shall include a description of which Supervisor or other person or entity nominated the appointee and, if required, a certificate of appointment and oath of office. The Clerk shall send a copy of the letter and such other information as the Clerk deems appropriate to the BCC.
SUBJECT: NUMBER: DATE: PAGE:
Boards, Commissions 2710 May 11, 2004 3 of 3
and Committees Reviewed: May 2004
2715.1 Compliance with Brown Act – All BCC's shall comply with the open meetings law for local public agencies (the Brown Act, Gov. Code, § 54950 et seq.), if and as required for that type of BCC under the Act.
2715.2 Avoiding Conflicts of Interest – Members of certain BCC's must comply with the requirements of the Political Reform Act (Gov. Code, § 81000 et seq.), including disclosure of their personal financial interests. Members of certain BCC's must also comply with Board Policy No. 35, regarding avoidance of even the appearance of impropriety.
2715.3 Oath of Office – Appointees to certain BCC's hold public office, so they must take and subscribe the oath specified in the California Constitution before undertaking their duties (Gov. Code, § 1360.). Oaths must be sworn before an authorized official (Gov. Code, § 1362.). Oaths shall be filed as follows: for a Countywide office, with the County Clerk; for a special district, with the clerk or secretary of that district (Gov. Code, § 1363.).
2715.4 Adoption of Bylaws – Each BCC shall adopt bylaws or other rules for its procedures which shall be approved by the Board of Supervisors. Newly formed BCC's shall submit their bylaws to the Board of Supervisors within 90 days after the appointment of the initial members of the BCC.
2715.5 Annual Report by County Administrative Officer – The County Administrative Officer shall report to the Board of Supervisors annually regarding all existing BCC's, and making recommendations to the Board of Supervisors as to whether any BCC should be eliminated, because its purpose has been fulfilled, a legal requirement to have such a BCC has been eliminated, or for any other reason.
2716 – Resignations
Resignations must be in writing, and are not effective until they are submitted to the Clerk. (Gov. Code, § 1750.) Resignations received only by Supervisors or their staff shall not be deemed submitted.
2716.1 Resignation from Public Office – The Clerk shall accept only a signed original.
2716.2 Resignation from Advisory Body – The Clerk may accept an original or facsimile, provided the resigning person's signature appears on the document.
2717 – Expressions of Appreciation for Service
Individual BCC's shall be responsible for expressing appreciation for service to a member who is leaving or has left a BCC. The Clerk may provide a sample thank you letter or other sample document for the BCC's use.