To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Election of the #2 General Member, and #8 and #8 Alternate Retired Members of the Retirement Board
?Recommendation of the County Administrator ? Recommendation of Board Committee
RECOMMENDATIONS:
1. ACKNOWLEDGE that the term of office of the Member 4 seat on the Contra Costa County Employees' Retirement Association Board of Trustees (Retirement Board) held by Scott Gordon will expire on June 30, 2025.
2. ACKNOWLEDGE that there is a standing referral to the Board's Internal Operations Committee to recruit to fill, by Board of Supervisors appointment, any vacancies that occur in seats 4, 5, 6 and 9 of the Retirement Board.
3. ACKNOWLEDGE that the term of office of the Members 2, 8 and 8 Alternate seats on the Retirement Board held by David MacDonald, Louie Kroll, and Mike Sloan, respectively, will also expire on June 30, 2025.
4. ADOPT a Resolution calling for an election to fill the #2 General Member, #8 Retired Member, and #8 Retired Member Alternate seats of the Retirement Board.
FISCAL IMPACT:
100% CCCERA. No County fiscal impact.
BACKGROUND:
The term of office of the following members of the Contra Costa County Employees' Retirement Association Board will expire on June 30, 2025: David MacDonald (General Member - Number 2), Louie Kroll (Retired Member of the Association - Number 8), and Mike Sloan (Retired Member of the Association - Number 8 Alternate). The Retirement Association Chief Executive Officer has requested the County to call an election to fill the vacancies.
The general members of the Association may elect the Number 2 member and the retired members of the Association may elect the Number 8 and 8 Alternate members, as provided in the attached Resolution.
Government Code section 31520.1 provides in part: "The second and third members of the board shall be members of the association, other than safety members, elected by those members within 30 days after the retirement system becomes operative in a manner determined by the board of supervisors. 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."
Government Code section 31520.5 provides in part: "...The alternate retired member shall be elected separately by the retired members of the association in the same manner and at the same time as the eighth member is elected. The term of office of the alternate retired member shall run concurrently with the term of office of the eighth member." The #8 Retired Member Alternate seat represents the retirees' interests and may participate fully in all Retirement Board deliberations and closed sessions. He or she may vote when the #8 Retired Member is absent and holds a regular voting position on Retirement Board committees. If the #8 Retired Member seat becomes vacant, then the #8 Retired Member Alternate automatically becomes the #8 Retired Member.
In June 2013, the Board of Supervisors adopted Resolution No. 2013/254 to establish a process for filling the #2 General Member, #8 Retired Member, and #8 Retired Member Alternate seats of the Retirement Board. What prompted this action was an election earlier that month in which no nominations were received for the #8 Retired Member Alternate seat. In response, the Board of Supervisors took action to advance the schedule and leave additional time to extend the nomination period if no nominations are received by the deadline.
The 2025 Retirement Board election schedule has been set in accordance with Resolution 2013/254. Nominations shall be on forms provided by the County Clerk starting on Monday, February 3, 2025 (127 days prior to the election) and filed in that office not later than 5 p.m. on March 14, 2025 (88 days prior to the election). Election Day is fixed as Tuesday, June 10, 2025 (at least two weeks prior to seat term expiration). Any Ballot reaching the County Clerk's Office after 5 p.m. on Tuesday, June 10, 2025 shall be voided and not counted.
CONSEQUENCE OF NEGATIVE ACTION:
Not adopting the resolution would result in a delay in election of, and lack of representation by the 2nd, 8th, and 8th Alternate members of the Contra Costa County Employees' Retirement Association Board.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF THE ELECTION OF RETIREMENT BOARD MEMBERS NO. 2, 8, AND 8 ALTERNATE
WHEREAS, the term of office of members 2, 8, and 8 Alternate of the Contra Costa County Employees' Retirement Association Board will be completed as of June 30, 2025. The members are as follows:
Member Number Name
|99| David MacDonald, General Member
8 Louie Kroll, Retired Member
8 (Alternate) Mike Sloan, Retired Alternate; and
WHEREAS, the appropriate members of the Retirement Association may elect someone to fill these offices for a three-year term beginning July 1, 2025;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Nominations shall be on forms provided by the County Clerk starting on Monday, February 3, 2025 and filed in that office not later than 5 p.m. on March 14, 2025. The Clerk shall have ballots printed with the nominees' names and with blank spaces for write-in candidates. The Clerk shall have a ballot mailed no later than May 12, 2025 to each member of the appropriate group of the Retirement Association as of April 1, 2025 with a ballot envelope in which to enclose the ballot when voted, imprinted "Retirement Board Ballot" or similar words, together with a postage paid, Business reply envelope addressed to the County Clerk for mailing the ballot envelope to that office, and with instructions that the ballot shall be marked and returned to the County Clerk before 5 p.m. on election day. (See No. 3 below.)
2. Election Day is hereby fixed as Tuesday, June 10, 2025. Any Ballot reaching the County Clerk's Office after 5 p.m. on Tuesday, June 10, 2025 shall be voided and not counted.
3. Notice of election and nomination procedure shall be given by the Clerk by publishing a copy of this resolution at least once in the Contra Costa Times, West Contra Costa Times, San Ramon Valley Times, and the Ledger Post Dispatch at least ten days before the last day for receiving nominations. (See No 2 above.)
4. On Wednesday, June 11, 2025, the County Clerk shall cause all valid ballots to be publicly opened, counted, and tallied by an Election Board, which shall forthwith certify the return to this Board; and this Board shall declare the winners elected, or arrange for a run-off election in case of a tie.
5. As to #2 General Member, #8 Retired Member, and #8 Retired Member Alternate seats, if the County Clerk receives no valid nominations for any position, she shall so inform the Board of Supervisors, which shall extend the nomination period for that position. If the Clerk receives only one nomination for any of these positions, she shall so notify the Board of Supervisors, which shall declare that person elected to that position in accordance with Government Code Section 31523(c).
6. As to the #2 General Member and the #8 Retired Member, if, at the conclusion of the extended nomination period, the County Clerk receives no valid nominations for any position, she shall so inform the Board of Supervisors, which shall call a new election therefor.
7. As to the #8 Retired Member Alternate seat, if, at the conclusion of the extended nomination period, the County Clerk receives no valid nominations for the position, she shall so inform the Board of Supervisors and the Retirement Board. The Retirement Board will appoint a replacement #8 Retired Member Alternate in accordance with Government Code Section 31523(b).