Election Procedures and Related Appointment Procedures For the City of Alameda Health Care District Board of Directors

General Election Process

The District Board of Directors (BOD) consists of five elected members. An elected term is of four years duration. There is no limit to the number of terms a member may serve.

The District holds its general election consolidated with the statewide general election held on the first Tuesday after the first Monday in November in even-numbered years. The candidate receiving the most votes is elected. Unless as a result of a vacancy (addressed below), all BOD terms are for four (4) years. Any Board member whose term in office has concluded continues on the board until the successor has qualified or the first Thursday in December following the election, whichever is later.

Prospective Board members must be at least eighteen (18) years of age and District residents. Interested candidates for the BOD are directed to the Alameda County Clerk/Recorder’s office for information regarding the rules and regulations related to candidacy for a Board seat. State law sets the candidate filing period for Statewide General Elections. All candidates must file a Form 700 Statement of Economic Interest.

The candidate pays for the cost of the candidate’s policy statement. Directors may not use any District resources, for example, photocopiers or paper supplies, or make requests of staff to produce or disseminate any partisan campaign material to be used in support of or in opposition to any candidate for public office or any ballot measure.

By law, the District may not use public funds or resources to advocate for or against any ballot measure or candidate. It is permissible to use public funds for the dissemination of impartial educational information, to make a fair presentation of the facts to aid voters in making an informed decision. It is permissible for the BOD to go on record at a public meeting in favor of or opposed to a particular ballot measure. Directors may not hand out any partisan campaign material supporting or opposing any candidate for public office or any ballot measure while the public Board meeting is in progress.

Board Vacancy Process

In general. Health and Safety Code Section 32100 provides that any vacancy in the office of a member elected to the District board shall be filled under Section 1780 of the Government Code, requiring the District to notify County Elections of the vacancy no later than 15 days following the date the Board is notified.  This notification will be accomplished by the District Clerk.

Pursuant to Government Code Section 1780(a), the vacancy must be filled within 60 days, and a Notice of Vacancy must be posted in three or more conspicuous places in the District at least fifteen days before the appointment. The individual appointed to fill the vacancy will serve until the expiration (on or about December 1st) of the current term.  The directorship will be up for election in the next general election. An applicant to fill the vacancy must meet the following minimum requirements:  (1) be a resident and registered voter in the District, (2) not have been suspended or expelled from participation in the Medicare program, and (3) not have been convicted of a felony.

District Procedure

The purpose of this procedure is to set forth the procedure by which a member of the Board of Directors may resign and the procedure by which vacancies may be filled.

PLAN TO FILL A BOARD VACANCY BY APPOINTMENT:

A vacancy on the Board of Directors may occur upon the occurrence of any of the events described in Government Code section 1770, including but not limited to, written resignation and the failure to discharge the duties of a Board member for a period of 3 consecutive months. Board members wishing to resign must deliver written resignation to the Board President or to the Executive Director.

Pursuant to the District Bylaws, all vacancies on the Board of Directors will be filled in compliance with the procedures outlined in Government Code section 1780 and this procedure. Vacancies may be filled by either appointment or election. Upon the occurrence of any vacancy on the Board of Directors, the District will notify the Alameda County elections official within 15 days.

PROCEDURE FOR FILLING A VACANCY BY APPOINTMENT:

1.  Upon the occurrence of a vacancy, or the District being notified of a Board vacancy, District staff will immediately determine the date by which the vacancy must be filled.
2.  If the Board decides to fill the vacancy by appointment, the Board may, at its option, appoint an ad hoc committee to oversee and coordinate the process for filling the vacancy. District staff will, in collaboration with the ad hoc committee members, establish target dates by which various parts of this process will be completed so as to afford the District, the ad hoc committee and any potential applicants the fullest of opportunities to fill the vacant position with a qualified candidate.
3. After the Board has appointed an ad hoc committee, District staff will coordinate availability of schedules between all appointed ad hoc committee members so that there is sufficient time to complete the Applicant Conference, and allow the full Board the make the appointment, all of which must occur within 60 days.
4.  District staff will post the notice of the Board vacancy in at least 3 conspicuous places.
5.  Individuals interested in being considered for this appointment must submit a letter of interest to the District, which must be received prior to a date set by the District. The letter must include a brief statement of qualifications, background, and experience that would apply to this public office, and be signed by the applicant. Applicants must also indicate any potential conflict of interest that they might have and if they have a conflict with respect to trade secrets that might put the District or Alameda Hospital at a disadvantage when instituting new or expanded programs. Each Applicant must also answer the following questions:
   1.  Why are you interested in becoming a member of the Board of Directors of the City of Alameda Health Care District?
   2.   If you are appointed, would you be willing to commit to running in the November General Election?  If no, please explain.
   3.     What is your view of the role of the District Board versus the role of management in an organization?
   4.   What is your vision for the future of Alameda Hospital?
   5.  What unique value would you bring to the District Boar

District staff will receive applications from each candidate and will immediately review the application for completeness.

6. Upon receipt of a completed application, District staff will determine if the candidate meets the required qualifications for the Board vacancy as follows:

a. Applicant must be a resident of the District;

b. Applicant must be a registered voter;

c. Applicant must acknowledge that applicant will be subject to the District’s Conflict of Interest policy;

d. Applicant must acknowledge that applicant will be required to complete Form 700 “Statement of Economic Interests.”

7. All Application Packages that have been timely received will be forwarded to the Board members for their individual review.  Each Board member will select, and forward to the District Clerk, the names of their recommended applicants for further consideration.  All applicants selected by two or more Board members will be reviewed and vetted by District administration for compliance with the minimum requirements set forth above (“Qualified Applicants”).  If at least three Applicants are not so selected by the District Board, all Applicants selected by the individual Board members will be reviewed and vetted.  At this time, all Qualified Applicants will be notified of their status and an Information Packet will be made available to all of them.  Any information obtained through the reference checks and vetting process will be considered a public record.

8. Applicants should be available for an Applicant Conference at a time and place specified by the District. District staff will consult the schedules of the ad hoc committee members and the candidates to set a mutually convenient time for the Applicant Conference. Notification of the date set for the Applicant Conference will be transmitted to both the ad hoc committee members and the candidate.

9. At the option of the Board, sample interview questions may be used. The Board may also opt to set scoring criteria for the Applicant interviews. All Qualified Applicants will be interviewed by the full Board in an open session of a regular (or special, at the Board’s option) meeting of the Board, after which the Board will proceed to consideration of the appointment.

10. The Board shall make the appointment within 60 days of the vacancy or receipt of the notice of vacancy, whichever occurs later. Upon receipt of the Board’s decision, District staff will be instructed to notify the unsuccessful candidate(s), if any, and the successful candidate of the Board’s appointment.

11. At the Board’s direction, District staff will transmit the Board’s appointment to the county elections official.

12. The length of the appointee’s term shall be determined pursuant to Government Code section 1780(d)(1)-(2).

PROCEDURE FOR FILLING A VACANCY BY ELECTION:

1. Upon the occurrence of a vacancy, or the District being notified of a Board vacancy, District staff will immediately determine the date by which the vacancy must be filled.

2. If the Board decides to fill the vacancy by election, the Board shall call an election to fill the vacancy within 60 days, to be held on the next established election day [Elec. Code § 1000 et seq.] that is at least 130 days from the date the Board calls the election.

3. The person elected to fill the vacancy will hold office for the balance of the unexpired term.