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Board discusses whether county-appointed seats may be held by county retirees; no final change made
Summary
Trustees debated whether a county‑appointed board seat may be held by a county retiree but took no formal action, directing the chair to seek county counsel’s view and assigning the issue to a governance ad hoc for further review.
The Imperial County Board of Retirement discussed whether retired county employees may occupy county‑appointed seats on the retirement board but took no binding action.
ISERS legal counsel (identified in the record as Chris) told trustees the statutory language is ambiguous and that different systems interpret the law both ways. He noted an informal Attorney General opinion existed and that the only definitive resolution would come from a court. “Either interpretation is reasonable,” the counsel said, adding that attorney general opinions are persuasive but not binding.
Trustees expressed mixed views. Trustee Norma Kaye Howdygui said she was personally inclined to follow the interpretation that county retirees are ineligible for county‑appointed seats, citing a longstanding practice; others pointed out several county systems allow such appointments and that counties have taken differing approaches. Trustees raised concerns about appearance and potential imbalance if multiple county retirees were appointed to the county‑appointed seats.
The board did not adopt a new bylaw or take formal action. Trustees agreed to the following next steps by consensus: Chair Carl L. Armstrong will ask to meet with the county’s representative (Ryan Kelly) and request county counsel’s view; staff will update the county application form for appointed seats and the matter will be added to an ad hoc committee workload for policy review. Chair Armstrong said he would follow up with County Counsel Eric Abitz and report back at a future meeting.
The board’s discussion noted that when the seat in question was filled earlier, the appointee was later determined to be ineligible for a separate reason, so the board did not have a final county position on the eligibility question. ISERS counsel recommended that, if the board wanted a stronger barrier to future appointments, it could propose a bylaw amendment prohibiting county retirees from county‑appointed seats and ask the county to adopt it.
