What happens if our social services board is unable to agree regarding the appointment of the boards “fifth” (or “third”) member?
The “third” member of a three-member board or the “fifth” member of a five-member board must be appointed by a majority vote of the other board members. On a three-member board, this requires a unanimous vote by the other two members. On a five-member board, this requires a vote of three of the other four members. If a majority of the other board members have not been able to agree regarding the appointment of the “third” or “fifth” board member within a reasonable amount of time and it doesn’t appear that they will be able to reach an agreement with respect to the appointment, the board should report this, through the board chair or the county social services director, to the senior resident superior court judge and ask the judge to appoint the “third” or “fifth” member. The judge may appoint any qualified person he or she chooses and is not limited to the persons who were nominated or considered by the social services board.
