An election error compounded with the resignation of Director Robyn Mikel has left the Rodeo-Hercules Fire District with a vacant seat.
In November, three seats were up for election. However, a fourth seat (2-year term) should have also been placed on the ballot after Board of Supervisor appointment Mikel in April—she was to fill the term up until the next general election. At that election, voters would select who would fill the seat for the remaining two-years for the seat. Mikel was appointed after Director Colleen Couzens resigned in January of 2022.
However, after Board Discussion in November, Mikel submitted her intent to resign on November 16 and her resignation would effective January 1, 2023. This prompted the District to prematurely seek applicants.
At the December 13, 2022 meeting, the Board attempted to review applications and appoint a board member. However, because Mikel had had not yet resigned, they could not take action until the seat was vacant. During the meeting, Mikel recused herself, only to re-enter the meeting an actually vote. Two Board members ultimately left the meeting preventing any action or direction from occurring.
Overview:
- Jan 14, 2022 – County Elections County Clerk-Recorder Deborah Cooper was notified that Ms. Colleen Couzens had resigned from the Rodeo-Hercules Fire District Board of Directors.
- March 17, 2022 – County-Clerk Recorder Deborah Cooper received via certified letter of the resignation. She was also informed by March 13, 2022 an appointment had to be filled by April 12, 2022 for the remainder of the term.
- April 12, 2022 – Contra Costa County Board of Supervisors appointed Robyn Mikel to the District Board of Directors to fill seat until Nov. 8, 2022 election.
- August 10, 2022 – Rosa Mena informed county elections 4 seats up for election. The Board of Supervisors appointed Director Mikel to fill her vacancy, but no one ever brought it to their attention that she was not to fill the remainder of the term, but only through the November election.
- Board of Director: 4-year term
- Board of Director: 4-year term
- Board of Director: 4-year term
- Board of Director: 2-year term (was not placed on the ballot)
- August 10, 2022 – Rosa Mena responded to Fire District stating they were not notified of a resolution calling for an election for the 4th seat. – only the three 4-years terms would be voted on.
- August 10, 2022 – Dan Romero, City of Hercules, Council, contacted Chief Johnson stating the Board needed to pass an emergency resolution to have the 2-year term added to the November ballot.
The District then advertised the vacant seat with applications due by December 7 and they would be appointed at the Dec. 13 meeting.
BOARD VACANCY
NOTICE IS HEREBY GIVEN by the Board of Directors of the Rodeo-Hercules Fire Protection District (“District”) of the County of Contra Costa, that a vacancy on the Board of Directors is effective January 1, 2023 as a result of the resignation of Robyn Mikel, District Director, whose term of office expires in December 2022.
The District Board of Directors may fill in the vacancy under the procedures of the Government Code Section 1780 appointing an individual to the office.
Interested candidates should submit summaries of their qualification and a Director Application, obtainable at www.rhfd.org or District Administrative Office, to the attention of Kimberly Corcoran, Administrative Services Officer, at the District Administrative Office at 1680 Refugio Valley Road, Hercules, California 94547, no later than 4:00 p.m. on December 7, 2022. Applicants must be registered to vote, must be residents of the District, and must not have been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes.
The appointed individual must, upon appointment, complete and file an Economic Interest Statement as required by law.
Directors of the District perform those functions which set policy and standards for the District’s delivery of fire prevention, suppression and emergency medical services and those other services authorized by the fire Prevention District Act of 1987 (Health and Safety Code Section 13800, et set.).
Items of Interest:
- Watch the Meeting: Click Here
- Dec. 13 agenda: Click here
- Robyn Mikel Resignation – click here
- Emails between District & Contra Costa County: 17-pages
December 13 Meeting Recap:
Director Marie Bowman issued a statement prior to the agenda item coming up calling on them to postpone the item.
“Director Mikel intends to resign in January, we should not move forward until the resignation takes effect when there is an actual vacant position on the board. The law gives the Board 60-days to decide what next steps are once it is known the position is vacant. It’s premature to take action when all seats on the board are currently filled. Second, the board has not made a decision for holding an election or appointing a successor, that decision must be made first, but it has been omitted from the agenda,” explained Bowman. “In light of this consideration, I make a motion to remove the item from the agenda and move it to January.”
The motion was then seconded by Director Charles Davidson.
Bowman contended that no action had been taken in their November meeting.
Director Steve Hill disagreed calling it an effort to disrupt the process.
“I believe that we had consensus at that meeting that we were not going to pursue election,” said Hill which set up the agenda discussion they were having. “I think everyone agreed to not go forward with an election because it was far to expensive in the fiscal environment we find ourselves in.”
Hill also stated it was within their authority to appoint someone to the term that was to begin on January 1 based on resignation of Director Mikel .
Mikel, who had stated she was resigning and was recusing herself, then jumped back into the meeting stating she had resigned.
District Legal said they could appoint, but it would be effective Jan 2, 2023 which was discussed at November 15, 2022 board meeting—which the Board had advertised and took applications for the vacancy and may appoint someone to fill the vacancy.
“It’s frustrating to me when we have all the really serious issues that we have to deal with and the incoming board has to deal with, that there are some members of this body that seem hell bent on delay, delay, delay. I’ve got to remind everybody that there are life and death decisions that we grappling with every day. Our firefighters lives are in danger based on the decisions we make or don’t make and that puts residents at risk as well. This tactic of delay, delay, delay is really irresponsible in my view,” said Hill.
Board chair Damon Covington stated he was frustrated that they didn’t discuss this as a board and if there was concerns prior to this evening why he didn’t receive an email as they did a poll, sent out advertisements and people submitted applications and they were ready to interview that at the last minute it’s the first time they were entertaining this discussion.
“If there were concerns, I’d of been open to hearing them,” stated Covington. “But this is not the forum to discuss it on the night of the meeting when we have 25 people on the line to hear some type of resolution.”
Bowman said there was discussion, but not everyone was in agreement as Hill claims of not going to an election.
“I myself said I need to think about it,” said Bowman.
She also explained how District Legal said this was set for discussion while noting in February they discussed a process for an appointment after Director Cousins had resigned in January. She cited government code stating they could not take action until the resignation was official on January 1, 2023.
“Going by Government Code 1780, that is what we are supposed to do,” said Bowman which is the process they used to replace Director Cousins.
Hill said they have conflicting legal opinions and he was confused of who to listen to.
Covington then questioned why Mikel would recuse herself as this is was a discussion on whether to have an election or move to January. Legal said on this action, she would not have to recuse herself as this action was whether to continue this item or not.
Mikel then questioned if it would be a “conflict of interest” to join the conversation. Legal said no because its not a vote on who would be appointed to the vacancy.
Vince Wells, Local 1230
During public comments, Vince Wells, President of the United Professional Firefighters of Contra Costa County, called this an embarrassment.
“I am just at a loss for words of what is going on here. I did attend that previous meeting and don’t have the time to review all the tapes, but it seemed very clear on the steps. I think there was a lot of conversation that led to director Mikel to resign. It was based on conversation among the board members and direction from the attorney and now it seems though somebody is trying to pull the rug out,” explained Wells. “This is just an embarrassment in my opinion. I think my members are kind of disgusted with what is going on here.”
After several public comments, the board was accused of avoiding an election, not following proper processes and making up the procedure as they go. They also accused Mikel of being “strong armed’ into resigning and it should not be accepted while the District was being incompetent and lacking transparency.
Director Davidson explained how when Mikel went to county elections to file to run for election, she was informed there was no position available to file for—the two year term.
“Part of the problem, her swearing in was never reported to the elections division for Contra Costa County,” said Davidson who added he didn’t know why District legal did not know she had to run for election on November 8, 2022 and ending on December 31. “It was very clear in the memo”.
Davidson further highlighted back in April, the email showed confusion by their legal counsel when the Board of Supervisors made it clear on when the term ended and should have been an election for the position and there was none. He continued by noting since March, legal counsel had been trying to get clarification and never went back to get it.
“I don’t know what is going on with our legal counsel in that regard,” said Davidson.
Chair Covington then called for a vote on the motion to postpone until January in which he voted “no”. Director Hill voted “no” with Davidson voting “Yes” with Bowman voting “Yes” and Mikel voting “no”.
The motioned failed 3-2.
Bowman stated she was not going to continue talking about an agenda item that was not properly set and left the meeting.
“This is a disservice to the community and the board to go forward and there are many more improprieties that have taken place and for the sake of time I don’t want to go through all of those details but we did it right in replacing the vacancy for Director Cousins why we can’t do it right, right now I don’t know but its important for the public and for the board that we are transparent in the way we communicate and behave and for those reasons, I am going to leave the meeting,” stated Bowman.
Davidson also left the meeting due to “consistent of plethora of irregularities in this meeting and I don’t want to be a participant of an illegal meeting.”
District Counsel then stated since two members left the meeting and since Mikel recused herself (even though she voted), the Board could not act on the item.
Covington then stated since they can’t even move the item to January, they will have a vacant seat since no replacement can be named, no board direction to staff, they cannot even vote on a Board Chair.
District Counsel said they would have to have an agenda item on the vacant seat in January.
