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Board breaks deadlock, adopts process to allow out‑of‑cycle vice‑chair nominations

2304011 · February 6, 2025
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Summary

After a tied series of votes for vice chair, trustees invoked a Brown Act exception and approved a procedure allowing nominations outside the November cycle; the board will consider nominations next month.

The Police and Fire Retirement Board moved past a tie vote for vice chair and adopted a process to permit vice‑chair nominations outside the board’s November nomination window.

Trustees initially cast show‑of‑hands votes for two November nominees — David Kwan and Sunita — and the board reported a deadlock. Trustees debated options, including continuing votes at future meetings or reopening the nomination process, and asked staff and counsel about legal constraints. Board counsel (staff) explained the board policy allows nominations only at the November meeting and that reopening nominations out of cycle would require clarifying procedure or a Brown Act exception if action were needed immediately.

After discussion the board voted to invoke the emergency exception under Government Code 54954.2(b) to add an agenda item permitting an out‑of‑cycle nominations process; the procedural motion (to invoke the exception) was seconded and passed. The board then adopted a substantive motion to allow nominations outside the November cycle; trustees voted in favor. Several trustees then withdrew outstanding nominations to permit the new process. The board directed staff to add the related agenda item and to bring the nomination process to the March meeting under the procedure the board adopted.

Ending: Trustees said governance committee will review the election policy as part of its 2025 work plan; staff will schedule the new nominations item for the next regular meeting and handle the required 72‑hour posting and Brown Act steps.