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Action   1.
Special Board of Supervisors Meeting - 11:00 am
Meeting Date:
08/19/2024
Title:
Appointment process for JP3
Submitted By:
Sharon Gilman, Board of Supervisors
Department:
Board of Supervisors
Presentation:
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
0
NAME
of PRESENTER:
TITLE
of PRESENTER:
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Mandated Function?:
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Information

Agenda Item Text:

Approve the Justice of the Peace Precinct 3 position description and appointment process as described in the attachments.

Background:

On Aug 13, 2024, the Board held a work session to discuss the process to select a person to fill the JP3 seat, which will be vacated by Judge Staggs on November 12. The Board directed the County Administrator to place the position announcement and written recruitment, interview, and selection procedure on the agenda for approval. This process complies with statute below:
 

16-230 Vacancy in certain state or county offices; election

A. Notwithstanding any other statute and except as prescribed by subsection C of this section, for state and county offices that provide for a four-year term of office, the following applies if there is a vacancy in office due to death, disability, resignation or any other cause:

1. If a state office becomes vacant, the governor shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.  If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.

2. If a county office becomes vacant, the board of supervisors shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.  If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.

B. A person who is elected to fill the remainder of an unexpired term of a vacant office pursuant to subsection A of this section may take the oath of office and begin the remainder of the term of office at any time within ninety days after the canvass of the election.  A person who is appointed pursuant to subsection A of this section shall remain in office until the person elected pursuant to this subsection takes the oath of office.

C. This section does not apply to the office of governor.

Department's Next Steps (if approved):

Coordinate recruitment and selection with County Human Resources, Court Administration, and the Clerk of the Board.

Impact of NOT Approving/Alternatives:

Board will need to determine another process for selecting the individual to appoint to the JP3 seat.

To BOS Staff: Document Disposition/Follow-Up:

Coordinate with HR and Court Administration

Attachments