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Board debates but does not adopt rule restricting controller from chairing BOE
Summary
Member Schaeffer proposed formalizing a practice to exclude the controller from chair eligibility and have the controller conduct elections; legal counsel and Controller Cohen advised statutory structure already prevents simultaneous chairing of both bodies, and the motion died for lack of a second.
Member Schaeffer proposed amendments to the board’s governance policy to clarify that the controller is not eligible to serve as chair or vice chair and that the controller should serve as the presiding officer during elections of chair and vice chair. Schaeffer said codifying the customary restriction would improve clarity.
Legal counsel Julia Hemovitz provided historical context and advised that the board’s governance policy already sets election procedures and that staff traditionally runs the process; Controller Cohen and legal staff noted state law and the statutory structure of the Franchise Tax Board make the proposed change unnecessary because one person cannot simultaneously occupy the controller seat and the BOE chair seat on FTB. The motion was not seconded and therefore was not advanced; members agreed to consider the issue with the incoming board.
