Is the Agua Dulce Town Council dead?

Some, including Peg Spry, Jim Jennings, Kaye Kirkwood, Billy Alch, and Charles Brink would have it be.  This is their reasoning:

In chronological order:

The election committee held its first mandatory meeting 6/6 and elected officers.  Three of the 4 persons who volunteered were in attendance.  Since this is a mandatory meeting, the committee consists, at this point, of three persons.

One of the three election committee members resigned.  This left only two, which is the minimum necessary to conduct an election.

One council member resigned.

The council president notified the chair of the election committee of the need for a special election.

Another election committee member, the chair, resigned, leaving it with only one official member.

Subsequent resignations from the council have rendered it without the possibility of a quorum.

The committee cannot function with only one member, and cannot add members without a new first mandatory meeting.  A new first mandatory meeting cannot be held without notice from the council, which cannot do so without a quorum.

Catch 22.

As per the Charter - Article K. Election Committee, Section 3: The Chairperson of the Election shall be selected by the committee for a term of one (1) year, and shall be installed by the Town Council.

As per the Bylaws - ARTICLE 7: ELECTIONS AND INSTALLATIONS, Section 4: The Election Committee Chair shall be installed by the President no later than 180 days prior to the election. Officers and Chairs shall formally affirm that they will abide by the Charter and Bylaws defined herein.

Everyone should be assured that this Election Committee is indeed a legal entity per the Charter and Bylaws. On June 6, 2005 an election Committee meeting was held at Vincenzo’s.  Its purpose was to elect a Chairman (Gary Hebdon), Treasurer (Dee Holland), and Secretary (Billy Alch).   Per the Brown Act , this “election day” meeting did not have to be noticed to the public.  At the June 8th Town Council Meeting, Andy Fried installed Gary Hebdon as Chairman of the Election Committee.  No vote of the Council is required for this action.  On July 16th Billy Alch resigned from the Election Committee.  On July 26th Gary Hebdon stepped down as Chairman due to personal reasons.  As Dee Holland was the remaining committee officer, on July 29th via email Andy Fried sent her an Official Request to Proceed with a Special Election.

As per the Bylaws - ARTICLE 8: COUNCIL VACANCIES

Where a Council vacancy arises, the President shall request the Election Committee to hold a Special Election within 45 days in accordance with the Charter and ByLaws. The elected  person(s) shall complete the unexpired term(s) created by the vacancy(s).

As per the Bylaws - ARTICLE 12 ELECTION COMMITTEE

    I.    Election Committee:

        A.    The Election Committee shall be formed and shall operate in accordance with the Charter and the ByLaws. The mandate is to administer the election independently and impartially, upholding the Charter, ByLaws and the spirit and intent of the California Election Code.

and

    C.    Election Committee membership.

        1.  No one related by blood or marriage to a Council member or candidate may chair the Election Committee.

        2.  Committee members shall formally affirm that they will remain nonpartisan upon joining the Election Committee with regard to issues and candidates for the duration of membership. Lack of maintaining a nonpartisan demeanor shall constitute grounds for removal.

In order for this committee to adhere to the bylaws they must elect a new Chairman and Secretary.

Under the California Corporations Code, Section 5224.(b) The members may elect a director at any time to fill any vacancy not filled by the directors.  The code does not spell out how to do this, so the committee should simply follow the bylaws as closely as they will allow.

Be assured, the next elections will be fair, honest, and aboveboard.  Anyone running for town council has the assurance of a completely unbiased Election Committee that will not try to “swing“ the elections in favor of any group.  It is the committee’s intention the elections be completely legal, as much as is under their control, and the committee intends to do their best to adhere to the charter, bylaws, Corporation Code, and Brown Act. 

The committee recognizes that the remaining three council members cannot carry on the business of the council, given the lack of a quorum.  Therefore, they are intent upon conducting the special election as soon as possible.