Legislation Details

File #: 24-0563    Version: 1
Agenda section: Consent Status: Agenda Ready
File created: 2/29/2024 Meeting type: Baldwin County Commission Regular
On agenda: 6/18/2024 Final action: 6/18/2024
Agenda item title: South Baldwin County Health Care Authority - Board Appointment(s)
Attachments: 1. 20240610-South Baldwin County Healthcare Authority Nomination for Board Members, 2. South Baldwin County Health Care Authority - Active

Meeting Type:   BCC Regular Meeting

Meeting Date:  6/18/2024

Item Status:   New

From: Roger H. Rendleman, County Administrator

Submitted by:  Kristen M. Rawson, Assistant Administrative Services Manager

______________________________________________________________________

 

ITEM TITLE

Title

South Baldwin County Health Care Authority - Board Appointment(s)

End

STAFF RECOMMENDATION

Recommendation

Related to the South Baldwin County Health Care Authority, reappoint the following individuals for a six (6) year term, said term continuing from June 1, 2024, and expiring June 1, 2030:

Slot #7 - Mr. John Boller

Slot #8 - Mr. Clark Stewart

 

Slot #9 - Ms. Sandra S. Russell

End

BACKGROUND INFORMATION

 

Previous Commission action/date:   December 5, 2022-Last appointment to the Board.

 

Background:  South Baldwin County Health Care Authority approved a resolution on April 24, 2024, and has submitted correspondence to the Commission proposing the following three individuals to be reappointed to the board of directors: 

Slot #7 - Mr. John Boller
Slot #8 - Mr. Clark Stewart

Slot #9 - Ms. Sandra S. Russell

GENERAL BACKGROUND INFORMATION:

 

The Authority amended its bylaws on June 30, 2022, which eliminated the need for three (3) nominees to be submitted for consideration for each vacant slot on the board.  The amended bylaws require that the Authority only submit one (1) nominee for each vacant slot to be considered for appointment by the County Commission. 

Section 22-21-316 (b), Code of Alabama 1975, states "if, at the expiration of any term of office of any director, a successor thereto shall not have been elected or appointed, then the director whose term of office shall have expired shall continue to hold office until his successor shall be so elected or appointed."

The governing Certificate of Reincorporation of the Authority, consistent with Section 22-21-316,
Code of Alabama 1975, sets for the parameters regarding appointment by the Baldwin County Commission to members of the Board of Directors. The nine (9) members of the Board of Directors are appointed by the Baldwin County Commission for terms, each, of six (6) years and must be residents of Baldwin County, Alabama.

There are no "required qualifications" set forth in §22-21-310, et seq.,
Code of Alabama 1975, for citizens to be re-appointed to the Authority. However, within §22-21-316, Code of Alabama 1975, such "required qualifications" are self-imposed by the Authority through their Certificate of Reincorporation, as amended, which, in this case, requires that they only reside in Baldwin County, Alabama.

Provision in §22-21-316 (b)
Code of Alabama 1975 requires appointments to be made no earlier than thirty (30) days prior to the date such director is to take office [i.e. the County Commission can’t make appointments thirty-one (31) days or more in advance to the date the said director is to take office].    

 

FINANCIAL IMPACT

 

Total cost of recommendation:   N/A

 

Budget line item(s) to be used:   N/A

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?   N/A

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents?  N/A

 

Reviewed/approved by:  N/A

 

Additional comments:  N/A

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?   N/A

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up N/A

 

Individual(s) responsible for follow up: Administration Department

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  

Re-appointment letters to:

Mr. John Boller
Post Office Box 133
Gulf Shores, Alabama 36547

Mr. Clark Stewart
Post Office Box 1747
Foley, Alabama 36536

Ms. Sandra S. Russell
117 West Rosette Avenue
Foley, Alabama 36535


cc:
Mr. Clark Stewart, Chairman
South Baldwin County Health Care Authority
1613 North McKenzie Street
Foley, Alabama  36535

Administration: 1) Enter appointments in boards app, have verified; 2) Use checklists in item to update contact information in boards app if applicable.

 

Additional instructions/notes: N/A