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The board of the Menlo Park Fire Protection District is scheduled to appoint a new member of the Board of Directors on Tuesday night, to fill the remaining term of Rex Ianson, who resigned from the board effective Aug. 31 because he was moving to Oregon.
To make the appointment, however, three of the four current board members must agree on one of the seven candidates. Judging by some of the harsh words exchanged at the last board meeting when the appointment was considered, that agreement may be difficult.
There are several alternatives if an agreement is not reached, according to a report prepared for the meeting by Chief Harold Schapelhouman.
One choice is to set a special election next April for the board seat. Chief Schapelhouman said that will cost a minimum of $337,000 for an all-mail election and a maximum of $739,000 for a polling-place election.
The fire board members could choose to do nothing. That would send the matter to the Board of Supervisors, which could make the appointment or call for an election. (The staff report posted on this item says that if the Board of Supervisors choose to do nothing the seat would remain empty until the November 2018 election, when Mr. Ianson’s term ends, but the law does not mention the option of doing nothing.
Also on the fire board’s agenda is a “discussion of how to improve board performance.” The staff report from Chief Schapelhouman describes the item this way: “In an effort to improve the effectiveness and cohesiveness of the Board, this agenda topic is intended to allow discussion on recent Board challenges (both inter-personal and otherwise) and seek input for improvement.”
The fire district includes East Palo Alto, Atherton and unincorporated areas in addition to Menlo Park.
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“Also on the fire board’s agenda is a “discussion of how to improve board performance.” The staff report from Chief Schapelhouman describes the item this way: “In an effort to improve the effectiveness and cohesiveness of the Board, this agenda topic is intended to allow discussion on recent Board challenges (both inter-personal and otherwise) and seek input for improvement.””
Seems like a simple solution, get rid of Peter Carpenter from the Board. Time and again he comes up as the problem, be it dealing with a city council or working with fellow board members or his comments to stories here; it is evident he either caused the problems or exacerbating them.
“That would send the matter to the Board of Supervisors, which could make the appointment or do nothing,”
Wrong.
(f)(1) If the vacancy is not filled by the district board by appointment, or if the district board has not called for an election within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, then the city council of the city in which the district is wholly located, or if the district is not wholly located within a city, the board of supervisors of the county representing the larger portion of the district area in which the election to fill the vacancy will be held, may appoint a person to fill the vacancy within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, or the city council or board of supervisors may order the district to call an election to fill the vacancy.”
So the Board of supervisors could order the Fire District to hold a very expensive election for a 9 month term of office.
Stage is set. Let’s elect another board member and let the fire board work together and get along. Please don’t cause a special election and cost us taxpayers more $$$$$$.
Each of the Directors took an Oath of Office vowing to support the laws of the State of California.
The laws of the State of California require that the Fire Board fill the board vacancy.
The default to the Board of Supervisors exists only if the Fire Board fails to perform its legal responsibility.
Thanks Peter Carpenter for pointing out the error in the district’s staff report about what will happen if the appointment ends up with the Board of Supervisors and they do not appoint a new director.
We will add a clarification to the story.
“Thanks Peter Carpenter for pointing out the error in the district’s staff report about what will happen if the appointment ends up with the Board of Supervisors and they do not appoint a new director. ”
Please do your own fact checking.
Here is what the staff report says (did you even read it?):
“The Fire Board is required by law to act to fill the vacancy. According to Government Code
section 1780 (f)(1), if the vacancy is not filled by the district board by appointment, or if the
district board has not called for an election within the requisite period, then the San Mateo
County Board of Supervisors may appoint a person to fill the vacancy or may order the District
to call an election to fill the vacancy.”
This is what the staff report says. You did not quote the entire paragraph:
The Fire Board is required by law to act to fill th
e vacancy. According to Government Code
section 1780 (f)(1), if the vacancy is not filled b
y the district board by appointment, or if the
district board has not called for an election withi
n the requisite period, then the San Mateo
County Board of Supervisors may appoint a person to
fill the vacancy or may order the District
to call an election to fill the vacancy. If the Boa
rd of Supervisors chooses not to act, the Fire
Board will continue to function with a four-member
Board until the end of Director Ianson’s
original term.
Here is a link to the staff report (which is also in the story)
http://sire.menlofire.org/sirepub/cache/2/zye3p0qyxjf4zrbag2nuj12v/37743010172017101815678.PDF
“.. but the law says they must either appoint someone or call an election.)”
The law states may, not must.
(f)(1) If the vacancy is not filled by the district board by appointment, or if the district board has not called for an election within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, then the city council of the city in which the district is wholly located, or if the district is not wholly located within a city, the board of supervisors of the county representing the larger portion of the district area in which the election to fill the vacancy will be held, may appoint a person to fill the vacancy within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, or the city council or board of supervisors may order the district to call an election to fill the vacancy.”
Who exactly is doing the fact checking on these articles?
@ Brian, the Willows Thank you for your candor! I heartily agree that this is what needs to be done to restore peace and civility.
Time for ALL board members to grow up, act like adults and serve the public! There are no innocent Board members here…they all contribute to the disfunction! Do your jobs or the voters will do it for you!
Both Peter and Virginia need to be replaced. She can dish out criticism but gets all huffy when criticized (Harbor District when she demanded e-mails from another board member.)
Peter just likes to argue with everyone and attack people with different opinions.
The Atherton issue is a prime example.
I second Brian comment of getting rid of Peter from the Fire Board.
Brian et al – That is what elections are for.
All three times that I have run for the Fire Board I was elected with more votes than any other candidate.
And all of my constituents who have spoken to me applaud my outspokenness, my willingness to post on Forums such as this , my refusal to be a patsy for city and town councils and my unwillingness to use the Fire Board as a stepping stone to other political offices.
I will finish my 14 plus years on the Board in Dec 2018 very comfortable that I have provided good stewardship and served the citizens to the very best of my ability.
Peter,
Well as a constituent I can tell you I think you are doing a horrible job. Many of the people I have talked to about the Fire Board and it recent debacles agree as you can see by comments above. So stop acting like a petulant child and learn to work together to get things done and stop alienating people.