County Government in California

An Introduction to Local Governance in California California Counties

The basic provisions for the government of General law counties have California counties are contained in the some flexibility with regard to supervisors’ California Constitution and the California salaries, the appointment of a county Government Code. A county is the largest administrator, the election or appointment of political subdivision of the state having other officers, the number and types of corporate and police powers. It is vested by the employees, and other matters. Legislature with the powers necessary to provide for the health and welfare of the California’s 14 charter counties have opted for people within its borders. The specific a governing structure that allows for greater organizational structure of a county in California local control. By adopting and amending a will vary from county to county. charter (a mini-constitution), county voters can take advantage of constitutional discretion over County Distinguished from a City the county’s governing board, officers, and employees. For example, charter counties can: There is a fundamental distinction between a  Increase the number of county supervisors county and a city. Counties lack broad powers and elect them at-large of self-government which California cities have  (e.g., cities have broad revenue generating Appoint fewer county officers and specify authority and counties do not). In addition, their duties legislative control over counties is more  Contract complete than it is over cities. Unless restricted out for any GENERAL LAW COUNTIES by a specific provision of the state Constitution, service Alpine, Amador, Calaveras, the Legislature may delegate to the counties (subject to Colusa, Contra Costa, Del any of the functions which belong to the state certain Norte, Glenn, Humboldt, itself. Conversely, the state may take back to state Imperial, Inyo, Kern, Kings, Lake, Lassen, Madera, Marin, contracting itself and resume the functions which it has Mariposa, Mendocino, delegated to counties (e.g., Superior Courts). rules) Merced, Modoc, Mono,  Specify a Monterey, Napa, Nevada, Two Types of Counties process to Plumas, Riverside, San Benito, San Joaquin, San Luis The California Constitution recognizes two types fill a Supervisor Obispo, Santa Barbara, Santa of counties: general law counties and charter Cruz, Shasta, Sierra, Siskiyou, vacancy counties. Solano, Sonoma, Stanislaus, Sutter, Trinity, Tulare, California’s 44 general law counties must Charter counties gain Tuolumne, Ventura, Yolo, adhere to the “general laws” approved by the Yuba Legislature and the governor. General law no additional CHARTER COUNTIES counties must follow state statutes that dictate regulatory the number, appointment, and election powers or Alameda, Butte, El Dorado, procedures for county officials. General law revenue Fresno, Los Angeles, Orange, Placer, Sacramento, San counties must also adhere to state laws which flexibility. Bernardino, San Diego, San specify that county employees must perform A county may Francisco, San Mateo, Santa most county functions and restrict counties’ adopt, amend, Clara, Tehama ability to contract-out for services. or repeal a

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charter with majority vote approval. A new governments, the Board of Supervisors is both charter or the amendment or repeal of an the legislative and the executive authority of existing charter may be proposed by the Board the county (except San Francisco City and of Supervisors, a charter commission, or an County). It also has quasi-judicial authorities. initiative petition. The provisions of a charter are the law of the state and have the force and Board Structure effect of legislative enactments. Government Code Section 25000 requires each county to have a Board of Supervisors Over time, the Legislature has granted general consisting of five members. The section applies law counties more structural autonomy, making to general law counties and to charter counties, the adoption of a county charter less attractive except where the charter provides otherwise and advantageous. Moreover, neither general (e.g., San Francisco City and County has eleven law nor charter counties have the broad powers members and one mayor). of self-government and revenue-raising that cities possess. A board member must be a registered voter of, and reside in, the district from which the County Powers member is elected (if the county has districts). A county charter can provide a local method for The California Constitution authorizes a county filling vacancies on the Board of Supervisors. In to make and enforce local ordinances that do the absence of such a provision – and for not conflict with general laws. A county has the general law counties – the Governor appoints a power to sue and be sued, purchase and hold successor. land, manage or dispose of its properties, and levy and collect taxes authorized by law. A majority of the members of the Board constitutes a quorum for conducting business. A Counties must follow state laws that require majority of all the members must concur on any open meetings, due process, and other act of the Board. A Board may enact rules procedural requirements or the actions could governing how abstentions are counted. Some be invalidated. For example, if the Legislature extraordinary actions, like passing emergency has provided a method by which a county may ordinances, require four votes. abandon a road, that method must be followed. Also, where state law requires land use zoning An official act of the Board of Supervisors can by an ordinance, this statutorily prescribed only be performed in a regularly or specially method is binding on the county. On the other convened meeting. The individual members hand, where the law does not specifically have no power to act for the county merely prescribe a method for accomplishing a task, because they are members of the Board of the county may adopt any reasonably suitable Supervisors. means. Meetings of the Board of Supervisors are Many additional powers have been granted to subject to the restrictions of the Ralph M. counties by the Legislature. The powers of a Brown Act (Government Code Section 54950 et. county can only be exercised by the Board of seq.). With limited exceptions, the Brown Act Supervisors or through officers acting under the requires that all Board of Supervisors meetings authority of the Board or authority conferred by be open and public. The county clerk, whose law. duty it is to record all proceedings of the Board of Supervisors, is the ex officio clerk of the The Board of Supervisors Board, unless the Board appoints its own separate clerk. The Board must keep a record of Unlike the separation of powers that its decisions and the proceedings of all regular characterizes the federal and state and special meetings.

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Board of Supervisor Powers of the Board, and the Board may not investigate the sheriff in connection with such duties. The The Board of Supervisors exercises its power assessor is also under state control in many and authority by undertaking the following respects, but not to the same degree as are the roles: executive, legislative, and quasi-judicial. district attorney and sheriff.

1. Executive Role County Litigation The Board of Supervisors The Board performs its executive role when it has the power to direct and control the conduct sets priorities for the county. The Board of litigation in which the county or any public oversees most county departments and entity which the Board governs is a party, and programs and annually approves their budgets; by a two-thirds vote, it may employ outside supervises the official conduct of county officers attorneys to assist the county counsel in and employees; controls all county property; conducting such litigation. The decision to hire and appropriates and spends money on special counsel is up to the supervisors. programs that meet county residents' needs.

Supervision of County Officials The Board of Supervisors may supervise the official conduct of county officers and require them faithfully to discharge their duties, but the Board cannot add to those duties or relieve the officers from these obligations. The Board may not direct or control the day-to-day operations of a county department, or otherwise limit the exercise of discretion vested by law in a particular officer. The supervision of elected officers by the Board of Supervisors is somewhat more limited. The district attorney, as public prosecutor, is a state or quasi-state officer and is under the direct supervision of the attorney general. Consequently, the Board of Supervisors does not have supervisory authority over the district attorney's prosecutorial duties. On the other hand, the Board has general supervisory and budgetary authority over the district attorney to the extent that the district attorney functions as a county officer. The Board of Supervisors may supervise the sheriff to the extent that the sheriff acts as a 2. Legislative Role county officer, and may investigate the officer's As the legislative body of the county, the Board performance of county duties. However, in of Supervisors may act by resolution, by board enforcing state law, the sheriff is acting as a order, or by ordinance. peace officer of the state and is under the direct supervision of the attorney general. In addition A resolution of a Board is ordinarily not to being an officer of the county, the sheriff is equivalent to an ordinance; it is usually a also an officer of the courts. While acting in that declaration about future purposes or capacity, the sheriff is not under the supervision proceedings of the Board or a policy statement by the Board. Resolutions are often used when

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specific findings are made by the Board of the individual taxpayer. Proposition 26 (2010) Supervisors. expanded California's established definition of a tax. A board order is usually a directive from the Board of Supervisors to its subordinate county By contrast, an assessment is an involuntary officers. charge on real property, or on businesses, which must be levied in proportion to the An ordinance is a local law adopted with all the benefit that each parcel or business receives legal formality of a statute. The California from the improvements or services funded by Constitution allows a county or city to make and the assessment. enforce within its limits all local, police, sanitary, and other ordinances and regulations There are different types of fees (or "rates" as that do not conflict with the state's own general they may be called in connection with some laws. Most legislative acts, including using the utility services). Examples of a "user fee" police power, are adopted by ordinance. There include the cost of admission to a public are, however, numerous exceptions and specific campground or the charge for obtaining a copy state laws sometimes indicate whether the of a birth certificate. "Property-related fees" action requires an ordinance or resolution. include charges for residential water or sewer service, which are imposed upon a parcel or California Government Code Section 25120 et person as an incident of property ownership. seq. specifies the form, content, and adoption Local governments impose "exactions and process for county ordinances. For example, mitigation fees" – for example, park land there are urgency ordinances (i.e., those dedications under the Quimby Act – as a required for the immediate preservation of the condition of property development to public peace, health, or safety) and ordinances compensate for the impacts of new which are statutorily required to have a noticed development. public hearing in order to be adopted (e.g., land use zoning or new fees). Table 1 identifies the various taxing authorities for counties. County Revenue Authority Boards of As provided by Proposition 26 (2010), which Supervisors can raise local revenue by imposing applies prospectively to new local ordinances, or increasing a tax, an assessment, or a fee. Article XIIIC of the California Constitution now Each of these local revenue sources has its own defines any levy, charge, or exaction of any kind constitutional and statutory authority and imposed by a local government as a tax, unless unique laws governing its use. A county can it fits into one of seven categories of only impose those taxes, assessments, and fees exceptions: which the Legislature or the Constitution allow 1. A charge imposed for a specific benefit the county to impose and which are approved conferred or privilege granted directly to by either a simple or two-thirds majority of local the payor that is not provided to those not voters per Propositions 13 and 62, or an charged, and which does not exceed the election under Proposition 218. reasonable costs of conferring the benefit There are important differences between taxes, or granting the privilege. assessments, and fees. Historically, a tax is an 2. A charge imposed for a specific government involuntary levy on individuals (including service or product provided directly to the companies). Tax revenues can fund public payor that is not provided to those not facilities or services regardless of whether the charged, and which does not exceed the taxpayer actually uses those facilities or reasonable costs of providing the service or services. The rate of the tax does not need to product. reflect, in any way, the benefit that accrues to

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3. A charge imposed for the reasonable 3. Quasi-Judicial Role regulatory costs to a local government for In its quasi-judicial role, the Board of issuing licenses and permits, performing Supervisors may settle claims made against the investigations, inspections, and audits, and county and may examine and audit the enforcing agricultural marketing orders, accounts of all county officers as they relate to including administrative enforcement and the management and disbursement of funds. adjudication costs. The latter authority may be exercised with a 4. A charge imposed for entrance to or use of subpoena to the county officer to bring all local government property, or the requested files to the Board. The Board may purchase, rental, or lease of local delegate the subpoena power to a committee government property. of its own members, but pursuant to state law, 5. A fine, penalty, or other monetary charge the Board may not otherwise delegate that imposed by the judicial branch of power. government or a local government, as a The Board of Supervisors also sits as a quasi- result of a violation of law. judicial body in the case of appeals of land use 6. A charge imposed as a condition of property decisions and tax issues (i.e., may sit as development. assessment appeals board to decide questions 7. Assessments and property-related fees regarding the value of property). imposed in accordance with the provisions of Article XIIID of the California 4. Other Roles – Intergovernmental Constitution. Relations A county supervisor may serve in other After the California Supreme Court ruled in capacities on various boards, commissions, or Guardino (12/95), a Board of Supervisors may special districts. not impose new taxes without a vote of the people. Subject to a vote, a Board may impose a State statute authorizes, and in some cases utility users tax, a business license tax, and a mandates, various services or functions be transient occupancy tax (hotel or bed tax). If the carried out by entities other than the Board of proceeds from these taxes are designated for Supervisors. These entities, in addition to general purposes, majority voter approval is including locally elected officials, seek public required. If the tax proceeds are restricted to participation and technical expertise: special purposes, two-thirds voter approval is ♦ Council of Government (COG) required. The Board has authority to impose ♦ Local Agency Formation Commission these taxes only within the unincorporated area. (LAFCo) Proposition 218, passed in November, 1996, ♦ Special District applies additional constraints to county taxing ♦ authority, as well as fees and assessments. Air Quality Management District (AQMD) ♦ Airport Land Use Commission (ALUC) If a Board of Supervisors decides to impose or ♦ increase a specific tax, assessment, or fee, it Metropolitan Planning Organization (MPO) must follow proper notice and hearing ♦ Joint Powers Authority (JPA) requirements. There are different posting and The roles and functions of these entities disclosure requirements for each of these types primarily relate to planning for future of local revenue sources. The Board asks both development and the associated service needs the clerk of the Board and the county counsel at (e.g., water, sewer) and impacts (e.g., air the beginning of the process to ensure that it quality, airport safety). Board members serving follows all public hearing and disclosure on one of these entities may find themselves requirements. making decisions on a variety of issues from

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regional planning to establishing spheres of County Civil Grand Jury The Civil Grand Jury, influence for new cities or special districts when working in concert with the Board of within the county. Supervisors and the county executive, can prove to be a valuable tool to audit county Joint Powers Agreement/Joint Powers Agency- programs and provide constructive Authority A Board of Supervisors may recommendations for the improved operation establish a joint powers agreement and/or joint of local government. powers agency with another public agency. Basically, the Civil Grand Jury in California A joint powers agreement (JPA) is created serves two basic purposes: "(1) to weigh the where two or more local governments enter allegations of misconduct against public officials into a cooperative agreement to provide any and determine whether to present formal service which either of them could provide on accusations requesting their removal from their own. A joint powers agreement involves office; and (2) to act as the public's watchdog by mutually agreeing to specific conditions and investigating and reporting upon the affairs of terms which may limit each agency's ability to local government. Of these functions, the act independently, but it does not alter the watchdog role is by far the one most often basic structure of each agency's decision- played by the modern grand jury in California." making processes. Local government JPA's are (McClatchy Newspapers v. Superior Court fairly common; a sheriff's department may (1988) 44 Cal.3d 1162, 1170.) provide police services to a city, or a county and Statutory authority of the grand jury: a city may form a JPA to jointly run an ♦ emergency dispatching center. To investigate all branches of county, city and special district governments to ensure A joint powers agency takes the concept of they are being run in an efficient and agreement and cooperation to a new level. honest manner, in the best interest of Under California Government Code Section citizens it serves. Reports may be issued 6500, counties, cities, special districts, and anytime during the year. other public agencies – including state, federal ♦ To investigate and report on the and tribal governments – are allowed to enter operational and financial aspects of all into agreements which create new and distinct offices within its jurisdiction, including an authorities. The new authorities have a audit. This authorization extends to any separate operating board of directors which has incorporated city or joint powers agency. the powers inherent in all of the participating The grand jury may also report on county agencies. officials' records and accounts as ex-officio The powers of the authority can be general or officers of any district. specific, the term of the authority must be ♦ To investigate, at its option, any case of an established, and other administrative decisions inmate in the county jail on a criminal must be made (e.g., how the board meets and charge and not indicted. To investigate the conducts its business). For example, two parties condition and management of detention may agree to create a joint transit authority, facilities within its jurisdiction. where both parties contribute the necessary ♦ To investigate the willful or corrupt resources and the capital assets. Personnel may misconduct of public officers within its become employees of the new authority, and jurisdiction. with a new operating board, policies may be ♦ independently set to create transportation To investigate all sales and transfers of land services for both jurisdictions. and matters of land ownership. ♦ To address the need for salary increases or decreases for county elected officials.

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they also delegate much of their police power Responsibility of the Board of Supervisors: No to counties, cities, towns, villages, and large later than 90 days after the report is submitted, boroughs within the state. the Board of Supervisors must comment to the Police power does not specifically refer to the presiding judge of the Superior Court on the right of state and local governments to create findings and recommendations. An elected police forces, although the police power does official or agency head with responsibility include that right. Police power is also used as pertaining to an area addressed in the report the basis for enacting a variety of substantive shall respond in writing to the presiding judge, laws in such areas as zoning, land use, fire and with a copy sent to the Board of Supervisors building codes, gambling, discrimination, within 60 days. The subject of the grand jury parking, crime, licensing of professionals, liquor, report must respond to the findings in the motor vehicles, bicycles, nuisances, schooling, following ways: and sanitation. ♦ The respondent agrees with the finding. As stated in Lawton v. Steele, 152 U.S. 133 ♦ The respondent disagrees wholly or (1894): partially with the finding, in which case the response shall specify the portion of the "The extent and limits of what is known as the finding that is disputed and shall include an 'police power' have been a fruitful subject of explanation of the reason(s). discussion in the appellate courts of nearly every state in the Union. It is universally conceded to ♦ The respondent is taking the following include everything essential to the public safety, action(s) to address the findings and health, and morals, and to justify the recommendations of the grand jury report. destruction or abatement, by summary Police Powers of the County proceedings, of whatever may be regarded as a public nuisance…” Police power is the authority conferred upon In the 1925 California Supreme Court decision the states by the Tenth Amendment to the U.S. in Miller v. Board of Public Works, 195 Cal.477, Constitution and which the states delegate to 485, 234 Pac. 381 the court described an their cities and counties to enact measures to expanded definition of the "police power": preserve and protect the safety, health, Welfare, and morals of the community. "In its inception the police power was closely concerned with the preservation of the public Police power describes the basic right of peace, safety, morals and health without governments to make laws and regulations for specific regard for 'the general welfare.' The the benefit of their communities. Under the increasing complexity of our civilization and system of government in the United States, only institutions later gave rise to cases wherein the states have the right to make laws based on promotion of the public welfare was held by the their police power. The lawmaking power of the courts to be a legitimate object for the exercise federal government is limited to the specific of the police power. As our civic life has grants of power found in the Constitution. developed so has the definition of the 'public The right of states to make laws governing welfare' until it has been held to embrace safety, health, welfare, and morals is derived regulations 'to promote the economic welfare, from the Tenth Amendment, which states, "The public convenience and general prosperity of the powers not delegated to the United States by community." the Constitution, nor prohibited by it to the The police powers are a power of State (and its states, are reserved to the States respectively, County and municipal manifestations.) In U.S. v. or to the people." State legislatures exercise Knight Co., 156 U.S. 11, the Court declared: their police power by enacting statutes, and

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"It cannot be denied that the power of the state to protect the lives, health and property of its citizens and to preserve good order and the public morals, the power to govern men and things within the limits of its dominion, is a power originally and always belonging to the state, not surrendered to the general [federal] Government, nor directly restrained by the Constitution of the United States, and essentially exclusive." ARTICLE 11 of the California constitution entitled “Local Government,” SEC. 1. declares that: (a) “The State is divided into counties which are legal subdivisions of the State...” (b) “The Legislature shall provide for county powers..." SEC. 7. further declares: "A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws."

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California Constitution ARTICLE XI – LOCAL GOVERNMENT (Article 11 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.)

SEC. 1. A charter, amendment, revision, or repeal thereof (a) The State is divided into counties which are legal shall be published in the official state statutes. subdivisions of the State. The Legislature shall County charters adopted pursuant to this section prescribe uniform procedure for county formation, shall supersede any existing charter and all laws consolidation, and boundary change. Formation or inconsistent therewith. The provisions of a charter consolidation requires approval by a majority of are the law of the State and have the force and electors voting on the question in each affected effect of legislative enactments. county. A boundary change requires approval by the (b) The governing body or charter commission of a governing body of each affected county. No county county or city may propose a charter or revision. seat shall be removed unless two-thirds of the Amendment or repeal may be proposed by initiative qualified electors of the county, voting on the or by the governing body. proposition at a general election, shall vote in favor of such removal. A proposition of removal shall not (c) An election to determine whether to draft or be submitted in the same county more than once in revise a charter and elect a charter commission may four years. be required by initiative or by the governing body. (b) The Legislature shall provide for county powers, (d) If provisions of 2 or more measures approved at an elected county sheriff, an elected district the same election conflict, those of the measure attorney, an elected assessor, and an elected receiving the highest affirmative vote shall prevail. governing body in each county. Except as provided in (Subd. (a) amended Nov. 5, 1974, by Prop. 2. Res.Ch. 81, 1974. Entire Sec. 3 was added June 2, 1970, by Prop. 2; Res.Ch. 331, subdivision (b) of Section 4 of this article, each 1969.) governing body shall prescribe by ordinance the compensation of its members, but the ordinance SEC. 4. prescribing such compensation shall be subject to County charters shall provide for: referendum. The Legislature or the governing body (a) A governing body of 5 or more members, elected may provide for other officers whose compensation (1) by district or, (2) at large, or (3) at large, with a shall be prescribed by the governing body. The requirement that they reside in a district. Charter governing body shall provide for the number, counties are subject to statutes that relate to compensation, tenure, and appointment of apportioning population of governing body districts. employees. (b) The compensation, terms, and removal of (Sec. 1 amended June 7, 1988, by Prop. 66. Res.Ch. 1, 1988.) members of the governing body. If a county charter

provides for the Legislature to prescribe the salary of SEC. 2. the governing body, such compensation shall be (a) The Legislature shall prescribe uniform procedure prescribed by the governing body by ordinance. for city formation and provide for city powers. (c) An elected sheriff, an elected district attorney, an (b) Except with approval by a majority of its electors elected assessor, other officers, their election or voting on the question, a city may not be annexed to appointment, compensation, terms and removal. or consolidated into another. (d) The performance of functions required by (Sec. 2 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.) statute.

SEC. 3. (e) The powers and duties of governing bodies and (a) For its own government, a county or city may all other county officers, and for consolidation and adopt a charter by majority vote of its electors segregation of county officers, and for the manner of voting on the question. The charter is effective when filling all vacancies occurring therein. filed with the Secretary of State. A charter may be (f) The fixing and regulation by governing bodies, by amended, revised, or repealed in the same manner. ordinance, of the appointment and number of

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assistants, deputies, clerks, attachés, and other removal of such deputies, clerks and other persons to be employed, and for the prescribing and employees. regulating by such bodies of the powers, duties, (Sec. 5 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.) qualifications, and compensation of such persons, the times at which, and terms for which they shall be SEC. 6. appointed, and the manner of their appointment (a) A county and all cities within it may consolidate and removal. as a charter city and county as provided by statute. (b) A charter city and county is a charter city and a (g) Whenever any county has framed and adopted a charter county. Its charter city powers supersede charter, and the same shall have been approved by conflicting charter county powers. the Legislature as herein provided, the general laws (Sec. 6 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.) adopted by the Legislature in pursuance of Section 1(b) of this article, shall, as to such county, be SEC. 7. superseded by said charter as to matters for which, A county or city may make and enforce within its under this section it is competent to make provision limits all local, police, sanitary, and other ordinances in such charter, and for which provision is made and regulations not in conflict with general laws. therein, except as herein otherwise expressly (Sec. 7 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.) provided. SEC. 7.5. (h) Charter counties shall have all the powers that (a) A city or county measure proposed by the are provided by this Constitution or by statute for legislative body of a city, charter city, county, or counties. (Sec. 4 amended June 7, 1988, by Prop. 66. Res.Ch. 1, 1988.) charter county and submitted to the voters for approval may not do either of the following: (1) Include or exclude any part of the city, charter SEC. 5. (a) It shall be competent in any city charter to city, county, or charter county from the application provide that the city governed thereunder may make or effect of its provisions based upon approval or and enforce all ordinances and regulations in respect disapproval of the city or county measure, or based to municipal affairs, subject only to restrictions and upon the casting of a specified percentage of votes limitations provided in their several charters and in in favor of the measure, by the electors of the city, respect to other matters they shall be subject to charter city, county, charter county, or any part general laws. City charters adopted pursuant to this thereof. Constitution shall supersede any existing charter, (2) Contain alternative or cumulative provisions and with respect to municipal affairs shall supersede wherein one or more of those provisions would all laws inconsistent therewith. become law depending upon the casting of a (b) It shall be competent in all city charters to specified percentage of votes for or against the provide, in addition to those provisions allowable by measure. this Constitution, and by the laws of the State for: (1) (b) “City or county measure,” as used in this section, the constitution, regulation, and government of the means an advisory question, proposed charter or city police force (2) subgovernment in all or part of a charter amendment, ordinance, proposition for the city (3) conduct of city elections and (4) plenary issuance of bonds, or other question or proposition authority is hereby granted, subject only to the submitted to the voters of a city, or to the voters of restrictions of this article, to provide therein or by a county at an election held throughout an entire amendment thereto, the manner in which, the single county. method by which, the times at which, and the terms (Sec. 7.5 added June 2, 1998, by Prop. 219. Res.Ch. 34, 1996.) for which the several municipal officers and employees whose compensation is paid by the city SEC. 8. shall be elected or appointed, and for their removal, (a) The Legislature may provide that counties and for their compensation, and for the number of perform municipal functions at the request of cities deputies, clerks and other employees that each shall within them. have, and for the compensation, method of appointment, qualifications, tenure of office and

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(b) If provided by their respective charters, a county and other evidences of indebtedness by private may agree with a city within it to assume and persons or bodies, within or without this State, discharge specified municipal functions. acting as trustees or fiscal agents. (Sec. 8 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.) (Sec. 11 amended Nov. 8, 1988, by Prop. 88. Res.Ch. 59, 1988.)

SEC. 9. SEC. 12. (a) A municipal corporation may establish, purchase, The Legislature may prescribe procedure for and operate public works to furnish its inhabitants presentation, consideration, and enforcement of with light, water, power, heat, transportation, or claims against counties, cities, their officers, agents, means of communication. It may furnish those or employees. services outside its boundaries, except within (Sec. 12 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.) another municipal corporation which furnishes the same service and does not consent. SEC. 13. The provisions of Sections 1(b) (except for the (b) Persons or corporations may establish and second sentence), 3(a), 4, and 5 of this Article operate works for supplying those services upon relating to matters affecting the distribution of conditions and under regulations that the city may powers between the Legislature and cities and prescribe under its organic law. counties, including matters affecting supersession, (Sec. 9 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.) shall be construed as a restatement of all related

provisions of the Constitution in effect immediately SEC. 10. prior to the effective date of this amendment, and as (a) A local government body may not grant extra making no substantive change. compensation or extra allowance to a public officer, The terms general law, general laws, and laws, as public employee, or contractor after service has used in this Article, shall be construed as a been rendered or a contract has been entered into continuation and restatement of those terms as and performed in whole or in part, or pay a claim used in the Constitution in effect immediately prior under an agreement made without authority of law. to the effective date of this amendment, and not as (b) A city or county, including any chartered city or effecting a change in meaning. chartered county, or public district, may not require (Sec. 13 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.) that its employees be residents of such city, county, or district; except that such employees may be SEC. 14. required to reside within a reasonable and specific A local government formed after the effective date distance of their place of employment or other of this section, the boundaries of which include all or designated location. part of two or more counties, shall not levy a (Sec. 10 amended June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.) property tax unless such tax has been approved by a majority vote of the qualified voters of that local SEC. 11. government voting on the issue of the tax. (a) The Legislature may not delegate to a private (Sec. 14 added Nov. 2, 1976, by Prop. 10. Res.Ch. 59, 1976.) person or body power to make, control, appropriate, supervise, or interfere with county or municipal SEC. 15. corporation improvements, money, or property, or (a) From the revenues derived from taxes imposed to levy taxes or assessments, or perform municipal pursuant to the Vehicle License Fee Law (Part 5 functions. (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code), or its successor, (b) The Legislature may, however, provide for the other than fees on trailer coaches and mobilehomes, deposit of public moneys in any bank in this State or over and above the costs of collection and any in any savings and loan association in this State or refunds authorized by law, those revenues derived any credit union in this State or in any federally from that portion of the vehicle license fee rate that insured industrial loan company in this State and for does not exceed 0.65 percent of the market value of payment of interest, principal, and redemption the vehicle shall be allocated as follows: premiums of public bonds and other evidence of (1) An amount shall be specified in the Vehicle public indebtedness by banks within or without this License Fee Law, or the successor to that law, for State. It may also provide for investment of public deposit in the State Treasury to the credit of the moneys in securities and the registration of bonds

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Local Revenue Fund established in Chapter 6 for each fiscal year for which that reduced fee (commencing with Section 17600) of Part 5 of applies, provide by statute for the allocation of an Division 9 of the Welfare and Institutions Code, or its additional amount of money that is equal to the successor, if any, for allocation to cities, counties, decrease, resulting from the fee reduction, in the and cities and counties as otherwise provided by total amount of revenues that are otherwise law. required to be deposited and allocated under (2) The balance shall be allocated to cities, counties, subdivision (a) for that same fiscal year. That amount and cities and counties as otherwise provided by shall be allocated to cities, counties, and cities and law. counties in the same pro rata amounts and for the same purposes as are revenues subject to (b) If a statute enacted by the Legislature reduces subdivision (a). the annual vehicle license fee below 0.65 percent of (Sec. 15 amended Nov. 2, 2004, by Prop. 1A. Res.Ch. 133, 2004.) the market value of a vehicle, the Legislature shall,

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What Happened to Branciforte County? A History of California Counties By John Taylor

On February 18, 1850 – during its first gathering First Counties Formed – the California Legislature divided the state into 27 counties. Over the next 57 years, the The first session of the California Legislature state's territory was further subdivided and was held from Dec. 15, 1849 to April 22, 1850, county boundaries were changed to create the at the City of Pueblo de San Jose. Based, in part, names and places we recognize today. on further recommendations from General Vallejo's committee, the Legislature made It could be said that the history of California's additions and changes to the list of 18 counties. counties began when the "Treaty of Peace, Friendship, Limits, and Settlement between the Nine more counties were added to the proposal United States of America and the Mexican – Branciforte, Calaveras, Coloma, Colusi, Marin, Republic" was signed on Feb. 2, 1848. The treaty Mendocino, Napa, Trinity, and Yuba – bringing ended the Mexican War and placed California the total number of original counties to 27. under jurisdiction of the United States. Better known as the treaty of Guadalupe Hidalgo, it was named after the city, near Mexico City, where it was signed. Treaty copies were subsequently exchanged and ratified in the Mexican city of Queretaro on May 30, 1848, and the treaty was proclaimed by President James K. Polk on July 4, 1848. California's first constitutional convention was held in Monterey, starting in September 1849. Delegates came from ten districts: San Diego, Los Angeles, Santa Barbara, San Luis Obispo, Monterey, San Jose, Sonoma, San Francisco, San Joaquin, and Sacramento. This constitutional convention established a committee, chaired by General Mariano Vallejo, that considered the creation of California's first counties. On Jan. 4, 1850, the committee recommended the formation of 18 counties. They were Benicia, Butte, Fremont, Los Angeles, Before it finally adopted a statute, the state Mariposa, Monterey, Mount Diablo, Oro, Legislature approved several name changes. Redding, Sacramento, San Diego, San Francisco, Benicia was renamed Solano, Coloma became El San Joaquin, San Jose, San Luis Obispo, Santa Dorado, Fremont transformed into Yola, Mt. Barbara, Sonoma, and Sutter. Diablo became Contra Costa, San Jose was renamed Santa Clara, Oro shifted to Tuolumne, and Redding became Shasta. Following these additions and name changes, the state's first counties were created by an Act

County Supervisors Resource Guide 2-13 County Government in California

signed Feb. 18, 1850. The first 27 counties were that at one time was in Klamath County is Butte, Branciforte, Calaveras, Colusi, Contra now in Del Norte, Humboldt, Siskiyou, and Costa, El Dorado, Los Angeles, Marin, Mariposa, Trinity counties. Mendocino, Monterey, Napa, Sacramento, San  Pautah County was created in 1852 by an Diego, San Francisco, San Joaquin, San Luis act that was to become effective when the Obispo, Santa Barbara, Santa Clara, Shasta, United States Congress ceded to California Solano, Sonoma, Sutter, Trinity, Tuolumne, territory in what is now Nevada. The county Yola, and Yuba. seat was to have been Carsonville. Not long after the Legislature adopted its first California never acquired the territory, and statute creating counties, subsequent statutes the act creating the county was repealed in changed additional county names to those now 1859. familiar to us: Branciforte to Santa Cruz, Colusi  Los Angeles County transformed from a to Colusa, and Yola to Yolo. small county along the coast to a large county extending to the Nevada border and County Seat Struggles then back again to being a relatively small On Sept. 9, 1850, California became one of 31 county in area, although now it has about states in the union at that time. Proposals for 26 percent of the state's population. many more counties were soon presented.  In 1850 Mariposa County was the largest in Particularly in the northern part of the state, area of the original counties: It covered fights arose within counties between mining about a sixth of the state. It was larger than districts and agricultural districts. Conflicts also the present San Bernardino County, which developed in many counties over what is now the largest county in the country. community should be the county seat. Without Today Mariposa County is the “mother paved roads, automobiles, and telephones, the county” of all or parts of 12 other counties, distance from a home or business to a county more than produced by any other California seat was more important than it is now. county. Territory that at one time was in Mariposa County is now part or all of Some of these issues could often be partly Fresno, Inyo, Kern, Kings, Los Angeles, resolved by dividing counties.In every one of Madera, Merced, Mono, San Benito, San the first seven years after 1850, at least one Bernardino, San Luis Obispo, and Tulare new county was created. Eighteen of the counties. original 27 counties helped give birth to another county. An Almost Impossible Task Boundaries Continue to Shift In California's early history it was relatively easy to create a new county. You simply had to The California Legislature also created counties convince the state Legislature. As a result, to that are not found on today's maps. the original 27 counties, 33 more were added,  Klamath County was created in 1851 from one of which (Klamath) died and one of which the northern half of Trinity County's mostly (Pautah) was never in California. mountainous mining country. In 1857 Today it is much more difficult to establish a Klamath County, in turn, lost significant new county. In 1894 the state constitution was territory to the newly formed Del Norte amended to require uniform laws concerning County. In 1875, as charges of corruption in county creation. In Sections 23320 through the county increased, Klamath County was 23374, the California Government Code abolished. Its territory was divided between specifies the procedure: A favorable majority Humboldt and Siskiyou counties. Territory vote is needed both in the entire county

2-14 County Supervisors Resource Guide County Government in California affected and in the territory of the new county, an almost impossible task. As a result of the John Taylor is a retired clerk of the San Francisco Board of tougher laws with constitutional foundation, no Supervisors and a past president of the California Clerk of the Board of Supervisors Association. new county has been formed since 1907, when Imperial County was created from eastern San Diego County, although it is still theoretically possible.

Additions to and Subtraction from Counties During Birth Events In the following table, the left column shows the source of the territory when each county, listed in the middle column, was created. The right column shows the destination of the territory moved from one county to another at the time of the birth of a new county.

Source of Territory County Territory Later Given to New Counties Contra Costa, Santa Clara Alameda 1853

Amador, El Dorado, Calaveras, Alpine Tuolumne 1864

Calaveras, El Dorado 1854 Amador Alpine 1864

One of the original 27 Butte Plumas 1854; Tehama 1856 counties 1850

One of the original 27 Calaveras Amador 1854; Alpine 1864 counties 1850

One of the original 27 Colusa Tehama 1856; Glenn 1891 counties 1850

One of the original 27 Contra Costa Alameda 1853 counties 1850

Klamath 1857 Del Norte

One of the original 27 El Dorado Amador 1854; Alpine 1864 counties 1850

Mariposa, Merced, Tulare Fresno Mono 1861; Madera 1893 1856

Colusa 1891 Glenn

Trinity 1853 Humboldt

San Diego 1907 Imperial

Mono, Tulare 1866 Inyo

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Los Angeles, Tulare 1866 Kern

Tulare 1893 Kings

Trinity 1851 Klamath Del Norte 1857

Napa 1861 Lake

Plumas, Shasta 1864 Lassen

One of the original 27 San Bernardino 1853; Kern Los Angeles counties 1850 1866; Orange 1889

" 1889

Fresno 1893 Madera

One of the original 27 Marin counties 1850

One of the original 27 Mariposa Tulare 1852; Merced 1855; counties 1850

" Fresno 1856; Mono 1861

One of the original 27 Mendocino counties 1850

Mariposa 1855 Merced Fresno 1856

Siskiyou 1855 Modoc

Calaveras, Fresno, Mariposa Mono Inyo 1866 1861

One of the original 27 Monterey San Benito 1874 counties 1850

One of the original 27 Napa Lake 1861 counties 1850

Yuba 1851 Nevada

Los Angeles 1889 Orange

Sutter and Yuba 1851 Placer

Butte 1854 Plumas Lassen 1864

One of the original 27 Sacramento counties 1850

Monterey 1874 San Benito

San Los Angeles 1853 Riverside 1893 Bernardino

One of the original 27 San Diego Riverside 1893; Imperial 1907 counties 1850

One of the original 27 San Francisco San Mateo 1856 counties 1850

One of the original 27 San Joaquin counties 1850

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One of the original 27 San Luis

counties 1850 Obispo

San Francisco 1856 San Mateo

One of the original 27 Santa Ventura 1872 counties 1850 Barbara

One of the original 27 Santa Clara Alameda 1853 counties 1850

One of the original 27 Santa Cruz counties 1850

One of the original 27 Shasta Siskiyou 1852; Tehama 1856; counties 1850

" Lassen 1864

Yuba 1852 Sierra

Shasta and Klamath 1852 Siskiyou Modoc 1855

One of the original 27 Solano counties 1850

One of the original 27 Sonoma counties 1850

Tuolumne 1854 Stanislaus

One of the original 27 Sutter Placer 1851 counties 1850

Butte, Colusa, and Shasta Tehama 1856

One of the original 27 Trinity Klamath 1852; Humboldt 1853 counties 1850

Mariposa 1852 Tulare Fresno 1856; Kern 1866;

" Inyo 1866; Kings 1893

One of the original 27 Tuolumne Stanislaus 1854; Alpine 1864 counties 1850

Santa Barbara 1872 Ventura

One of the original 27 Yolo counties 1850

One of the original 27 Placer 1851; Nevada 1851; Yuba counties 1850 Sierra 1852

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County Supervisors Resource Guide 2-19 County Government in California

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County Supervisors Resource Guide 2-21 County Government in California

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County Supervisors Resource Guide 2-23 County Government in California

www.csacinstitute.org

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County Offices and Responsibilities

This section describes the most common county offices: Administrative Office District Attorney Public Defender Agriculture Elections Public Guardian Assessor Environmental Health Public Works Auditor-Controller General Services Sheriff-Coroner Child Protective Services Health Services Social Services Cooperative Extension Personnel Treasurer-Tax Collector County Clerk Planning Weights and Measures County Counsel Probation

Because of the diversity of California counties, a specific title given to a county officer and the specific responsibilities of that office may vary by county (e.g.., public conservator services are often provided by the public guardian but the responsibilities may be shared with mental health staff). In addition, some counties combine certain offices. For example, the treasurer and tax collector are combined in 56 of the 58 counties. Thirty-nine counties have merged the sheriff-coroner offices and the other 19 counties have either a separate sheriff or sheriff-marshal. The reader should keep in mind that specific office descriptions vary by county and are subject to change based on statutory mandates and funding availability.

San Diego County Modoc County Fresno County

San Joaquin County Marin County – Frank Lloyd Wright Yuba County

County Supervisors Resource Guide 2-25 County Government in California

ADMINISTRATIVE OFFICE regarding labor relations and other matters involving employee benefits and may represent The County Administrative Officer (CAO) or the Board of Supervisors in labor negotiations. County Administrator is the county’s top Through the coordination of departmental executive. While the position has many titles activities, the CAO works to resolve differences (County Executive Officer, Chief Executive among departments and ensure that county Officer, County Manager, Chief Administrative government operates harmoniously. Officer, Administrative Officer, Administrative Director, Executive Officer, County Executive), In some counties, other county programs are the functions remain basically the same from organized either directly under the County county to county. The CAO is responsible for Administrator or under agency directors who the day-to-day functions of the county and report to the County Administrator. prepares the annual budget for the Board of Supervisors. The office typically coordinates AGRICULTURE the activities of appointed and elected department heads to ensure the effectiveness The Agriculture Department is under the of county operations and may perform topical control of the Agricultural Commissioner, who is analyses on issues before the Board of appointed under state statute and is Supervisors. responsible for the administration and enforcement of all applicable laws and Office Responsibilities regulations related to environmental and The primary function of the CAO is to oversee consumer protection. the preparation, adoption, and administration of the county budget. The CAO also Office Responsibilities coordinates the activities of other departments The Agricultural Commissioner is responsible to ensure the effective accomplishment of the for the promotion and protection of the Board’s directions and policies. The CAO is the agricultural industry and for the protection of day-to-day manager of a county government public health, safety, and welfare. These and represents the county and Board of mandates are implemented through Supervisors in a variety of activities. In addition, environmental protection programs which in some counties, the County Administrator is include pest exclusion, pest detection, pest authorized to hire and fire certain appointed eradication, and pesticide use enforcement; county department heads. In other counties, consumer protection programs which include the Board of Supervisors retains this authority. nursery and seed inspections, fruit and vegetable standardization, and shell egg quality The Office of the County Administrator may be control; and other programs such as apiary used to provide the Board of Supervisors with certification, fruit and vegetable certification, objective analyses of issues on its agenda and and agricultural statistics. often the Board looks to its CAO for recommendations. Working with the elected The pest exclusion program prevents the offices of auditor-controller, treasurer, tax introduction of pests. Shipments of plant collector and assessor, the CAO also acts as the material entering the county by common carrier chief financial officer for the county, are inspected. Certificates required for the coordinating the efforts of those finance- movement of plant material are issued upon related offices in the preparation and request. The pest detection program is an administration of the county budget. organized search for any uncommon plant disease, insect, animal, nematode, or weed that The County Administrator typically provides the may be detrimental to agriculture, ornamental Board of Supervisors with recommendations plantings, or native flora. Various insect

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detection traps are deployed and maintained descriptions, LAFCO/tax rate area codes, and throughout the county. The purpose of the public inquiries. pesticide use enforcement program is to The Assessor is responsible for overseeing all regulate agricultural and structural pest control data processing operations, processing all chemical usage to achieve acceptable levels of recorded documents and ownership changes, control with the least possible harm to non- creating and obtaining approval for new forms, target organisms and to assure the safest and generating state mandated reports. The possible conditions to the applicator, public, Assessor is responsible for all real estate and and the environment. personal property valuation activities as well as Consumer protection programs are intended to valuation of real property ownership changes, assure that nursery stock, produce, and eggs new construction, agricultural preserves, meet all regulatory standards and are correctly possessory interests, oil and gas wells, mines advertised. Certificates are issued upon and quarries, pipeline easements, and water request. The Agricultural Commissioner’s Office companies. It handles all calamity claims, value may also be responsible for various biological reviews, Proposition 8 recalculations (declines and chemical weed control programs, animal in value), and Assessment Appeals Board damage control programs, or environmental hearings and annually values all personal health programs, and is typically involved with property and trade fixtures in the county. land use planning issues. Within most counties, These activities incorporate the valuation of the Agricultural Commissioner is also business and agricultural properties, boats, responsible for weights and measures aircraft, and apartment houses. The Assessor enforcement. In some counties, the audits all mandatory accounts -- businesses Agricultural Commissioner is the air pollution with over $300,000 value of personal property control officer or animal control director. and/or trade fixtures for four consecutive years. The Assessor’s Office also maintains data used ASSESSOR by other government agencies to conduct The Assessor is a constitutionally elected official demographic studies, benefit assessments, and whose main duty is to set values on property. resource identification. Fiduciary responsibilities include managing, planning, organizing and directing all phases of AUDITOR – CONTROLLER operations in the Assessor’s Office for In 52 of the 58 counties, the Auditor-Controller producing an annual assessment roll. The is an independent, nonpartisan elected office Assessor has the responsibility for annually established to provide various accounting and discovering and assessing all property within property tax administration services to the the county. The Assessor is both a manager of county government, special districts, schools, employees and an administrator responsible for and cities. The six counties with appointed carrying out the rules and regulations imposed officers are: 1) San Francisco, Controller by property tax laws. appointed for eight years; 2) Santa Clara, appointed Director of Finance; 3) Los Angeles, Office Responsibilities appointed Auditor-Controller; 4) San Diego, The Assessor is responsible for the creation and appointed Auditor and Controller; and 5) Glenn maintenance of all mapping/drafting activities and Sacramento have appointed Finance for the Assessor’s Office and creation of new Directors. assessor parcels from final subdivisions, parcel maps, lot line adjustments, record of survey, The Auditor-Controller is the chief accounting deeds and miscellaneous documents. Other officer of the county responsible for budget functions include tax clearances, tax sales control, disbursements and receipts, and

County Supervisors Resource Guide 2-27 County Government in California

financial reporting. In addition, this office is In accordance with various Government, responsible for audits of certain agencies within Revenue and Taxation, Education, and Health the county. Also, the position may be and Safety Code Sections, the Auditor- combined with the treasurer-tax collector Controller shares responsibility for property position, with the title Director of Finance, taxation administration. The specific duties and/or county recorder, or the county clerk. include: controlling the tax roll, calculating the tax and general obligation bond rates, Office Responsibilities accounting for property tax receipts, allocating The accounting/auditing authority and property tax revenues to all taxing agencies, responsibilities of the Auditor-Controller are and reconciling with the tax collector. generally defined in the California Government Code. This position serves as the chief CHILD PROTECTIVE accounting officer of the county. The Auditor- Controller establishes the accounting policies SERVICES and procedures for county government. In California's Child Support Services Program addition, this position may serve as the chief works with parents - custodial and noncustodial accounting officer for some or all of the special - and guardians to ensure children and families districts located within the county. Specifically, receive court-ordered financial and medical this position is responsible for budget control, support. Child support services are provided issuing warrants (checks) for payments, through a network of county Child Protective recording receipts of revenues, payroll, Services Departments referred to as the Local accounting for assets and liabilities such as fixed Child Support Agency (LCSA). The mission of assets, accounts receivable/payable, long-term the department is to enhance the well-being of debt, and preparation of the county’s financial children and the self-sufficiency of families by statements. providing professional services. In the area of auditing, an Auditor-Controller The department is responsible for establishing may have an audit staff to perform audits of the and/or enforcing child support court orders. functions of the county depending on the size The agency provides a system and services to of the county. However, the Auditor-Controller encourage parental responsibility for their is responsible for ensuring that certain children. The county acts in the “public interest” mandatory audits are performed periodically by and does not represent any individual or either internal staff or contracted certified parent. The department is responsible for public accountants. The following departments establishing and enforcing support orders when are subject to mandatory audits: special a child receives public assistance or when a districts, county treasury, probation, child parent or legal caretaker requests county development, tax collector, retirement, and services. joint power agencies. For non-mandated audits, some counties have audit committees Office Responsibilities that determine which agencies will be audited. The department is responsible for opening a In other counties, the Board may meet with the case; finding parents; establishing a legal Auditor-Controller to establish audit policy or parent-child relationship; establishing child and an annual schedule of audits. The Board of medical support orders; and enforcing support Supervisors, pursuant to the Government Code, orders. Departments typically do not charge for arranges for the independent audits of the these services; however, an annual $25 fee is county’s financial statement prepared by the assessed by the state department in some Auditor-Controller. cases.

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COOPERATIVE EXTENSION COUNTY CLERK Cooperative Extension provides a link between The County Clerks, except in several large the University of California and all 58 California counties where they are appointed, are counties. Cooperative Extension is supported nonpartisan, countywide elected officials through a funding partnership of federal, state, serving four-year terms. Due to the complexity and county governments, as well as private of the arrangements in each of the 58 counties contributions. Cooperative Extension programs in California, the County Clerk may also assume focus on agricultural productivity and a variety of other duties and its office may be technology, rural-urban interface issues, youth consolidated with other separate, and consumer-oriented programs, nutrition independently elected countywide offices such education for low-income households, and the as the tax collector-treasurer, auditor, assessor, special needs of small farmers. or public guardian. Each local Cooperative Extension Office is Depending on the county organization, the managed by a county director/advisor County Clerk may also be the Registrar of designated by the University of California (UC), Voters (see Elections), Recorder, and/or Clerk of and is assisted by county-paid support staff. In the Board of Supervisors. In some counties, order to make the best use of dwindling each office is independent and the Clerk, resources, some counties share resources such Registrar, or Recorder may be either elected or as professional staff, support staff and office appointed by the Board of Supervisors, space, although all California residents have depending on the provisions of state law or the access to Cooperative Extension services respective county charter. through the network of advisors and staff. Each county director reports to one of Cooperative Office Responsibilities Extension’s four regional directors. County Clerk - Provides a variety of direct public services, such as issuing marriage licenses; Office Responsibilities registering confidential marriages; filing Although specific focus and program efforts fictitious business name statements; filing and vary, the goal of county-based advisors is to qualifying notary public oaths and bonds; respond to local needs for agriculture, natural processing passport applications; posting resources, and human resource information. environmental documents; registering process These advisors, working at both local and servers; administering and filing oaths of office; regional levels, are responsible for planning and filing grand jury reports; and filing, indexing, conducting programs that bring scientifically- and maintaining a variety of miscellaneous based information for solving problems to public documents. The County Clerk is the California communities. Commissioner of Civil Marriages and may perform civil marriage ceremonies. Cooperative Extension offices train paraprofessionals and volunteers. The offices Clerk of the Board of Supervisors - Provides also bring local research needs to the attention overall support to the Board, including of UC research programs through Cooperative processing and maintaining all Board records Extension specialists, who are members of and agendas; preparing and monitoring the academic departments on three UC campuses - Board budget; attending and taking minutes at Berkeley, Davis, and Riverside. County advisors all sessions of the Board and its affiliated and campus specialists are part of UC’s Division agencies; and, in some counties, providing of Agriculture and Natural Resources. clerical and secretarial support to the Board, and staff support to the Assessment Appeals Board.

County Supervisors Resource Guide 2-29 County Government in California

Recorder - Files and maintains public affecting local agencies and fostering and documents associated with land transactions, maintaining the highest ethical and professional including sale, lien, purchase, and easement; standards of all persons engaged in local files and maintains documents associated with government. All County Counsels and their vital statistics, including births, deaths, and attorney assistants and deputies are members. regular marriages (as opposed to confidential The Association conducts numerous continuing marriages); and maintains a cumulative record education conferences for its members in all of all official documents for the county. areas of law practiced by county counsels and promptly circulates information on current legal COUNTY COUNSEL issues to the membership by means of electronic communications. Such sharing of The County Counsel is the chief civil attorney of information helps to prevent duplication of the county, providing legal services to the Board effort and conserve counties’ scarce resources. of Supervisors, county and court officials and, when appropriate, to other governmental The County Counsels’ Association administers agencies and districts. The County Counsel is a the CSAC-sponsored Litigation Coordination statutory officer appointed by the Board of Program. The Program is directed by the Supervisors, serving four-year terms in general Association’s Litigation Overview Committee, law counties. consisting of county counsels from all areas of the state, in conjunction with a Litigation Office Responsibilities Coordinator who also serves as the Many of the duties of the County Counsel are Association’s Executive Director. The Litigation prescribed by state law. Counsel provides legal Program monitors cases of concern to counties services to the county and under certain statewide, coordinates the defense of major circumstances to other local public entities. multi-county litigation, provides amicus (friend Such services include attendance at Board of of the court) support where appropriate, and Supervisors meetings, giving legal opinions and disseminates current information on cases advice, and preparation of contracts, personnel involving public law issues to counties in the matters, ordinances and resolutions. form of litigation alerts and updates. The County Counsel in most counties defends or prosecutes all civil actions and proceedings in DISTRICT ATTORNEY which the county or any of its officers is The District Attorney is a constitutionally concerned or is a party in an official capacity. In elected county official and chief law some counties, the County Counsel handles enforcement officer who serves as the public most of the civil litigation involving the county prosecutor on behalf of the People. Criminal or its officers, while in others the Board of prosecution of public offenses is the principal Supervisors hires private attorneys to do some responsibility of the public prosecutor. In this or all of this work under the County Counsel’s capacity, the District Attorney is additionally supervision. In addition to administrative and authorized to conduct criminal investigations, court proceedings, the County Counsel apprehend individuals suspected of crime, and represents county officers in probate and present indictments to the Grand Jury. Beyond conservatorship matters, and in guardianship this core criminal prosecution duty, the District and juvenile dependency cases. Attorney is also charged with additional The County Counsels’ Association of California is enforcement responsibilities in the areas of a nonprofit corporation dedicated to providing consumer and environmental protection and continuing legal education to its members in official misconduct. The Board of Supervisors’ the field of governmental law, improving law authority over the District Attorney is limited to the appropriation of the office’s budget which

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does not include operational or programmatic Administrative Services: Provides budget, control over the office. purchasing, space planning, personnel services, payroll, clerical support, and data services Office Responsibilities functions to the District Attorney. Although there are some variations between counties, most District Attorneys perform the ELECTIONS following responsibilities: Counties are responsible for managing the Court Operations : Prosecutes all misdemeanors elections within their jurisdiction, and serve as and felonies before the state’s trial courts. This the Registrar of Voters. Depending on the responsibility involves all aspects of criminal organization of the county, this responsibility prosecution including, but not limited to, may be an independent office or housed within making charging decisions, presentation of the County Clerk. In some counties this is an preliminary hearings, conducting court and jury elected office; in others it is an appointed trials, handling motions, writs and appeals, and official. extraditions. Grand Jury: Presents evidence before the Grand Office Responsibilities Jury for purposes of seeking an indictment and Registrar of Voters - Registers all voters in the serves as a legal adviser to this body on both county and maintains the voter files; verifies criminal and civil matters. petitions; files campaign statements, with the exception of city elections, which are conducted Consumer and Environmental Protection : by the city clerk; conducts all elections in the Investigates and prosecutes civil and criminal county (i.e., federal, state, county, school, and cases involving consumer fraud and harm to the special district elections); and contracts with environment. Consumer protection some cities to conduct their elections. Cities, prosecutions include false advertising and schools, and special districts pay for the costs of unlawful business practices. Environmental their elections; county, state, and federal violations include hazardous waste violations, elections are paid for by the county. Many oil spills, water pollution, and fish and game elections offices provide a variety of on-line violations. registration and verification services for voters. Official Misconduct : Investigates and Election-Related Duties - Procure all polling prosecutes cases of official misconduct places and recruit all poll workers. Of course the involving violations of the Brown Act (Open office is responsible for counting all ballots, Meeting Law) and the Fair Political Practices certifying elections and posting results. Act. The office provides information to candidates Welfare Fraud : Investigates and prosecutes regarding the nomination process and cases in which public assistance has been campaign finance disclosure requirements. It obtained through fraudulent means. maintains files of campaign committee financial Parental Child Abduction: Investigates, statements (itemized listings of candidates' and mediates, and prosecutes cases involving campaigns' contributions and expenditures), parental abduction of children. and provides voter registration information and related campaign materials to candidates and Investigation: Peace officer staff members campaigns. provide initial investigation, trial preparation, and trial support for both civil and criminal prosecutions.

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ENVIRONMENTAL HEALTH and public pool plan check and construction. Fifty-one of the 58 California counties have ♦ Water Quality - Small water system Environmental Health Departments or divisions. regulations, private well construction, and Thirty-three of these departments are located cross connection control. within County Health Agencies, with the ♦ balance located in other agencies or as separate Land Use - Vector control, CEQA review. agencies. Four California cities (Berkeley, Long ♦ Solid Waste Local enforcement agency - For Beach, Pasadena, and Vernon) have the regulation of the operation of landfills comprehensive Public Health Departments and the permitting of new and existing which includes environmental health. The State landfills. Department of Health Service’s Rural Health ♦ Liquid Waste - On-site sewage, graywater, Division’s Environmental Health Unit provides and bio-solid application to land. environmental health services to 10 of the ♦ Hazardous Materials-Waste - Certified smaller counties. Unified Program Agencies (CUPA) for County environmental health programs are Proposition 65 reporting, business plans for intended to protect the health, safety, and well- hazardous materials storage, hazardous being of the public and preserve and improve waste generators, hazardous waste the quality of the environment. Legal authority management plans and response. for these programs is contained principally in ♦ Household Hazardous Waste - Permanent the California Health and Safety Code; Public facilities and temporary events for the safe Resources Code, California Code of Regulations disposal of hazardous waste generated by Title 14, Title 17, Title 22, Title 23 and local households. ordinances and regulations. ♦ Medical Waste Office Responsibilities ♦ Underground Storage Tanks The majority of counties provide ♦ Groundwater and Soil Clean-up comprehensive environmental health services within a single agency. The environmental health departments are supported by the California Conference of There are twelve core programs within the Directors of Environmental Health (CCDEH), an broader responsibilities of local Environmental affiliate of CSAC. Health Departments. These programs are: HEALTH SERVICES ♦ Food Sanitation and Consumer Protection - In California, counties have been providing Retail and consumer protection; Sherman health care services for over 150 years. With Food, Drug, and Cosmetic Law; water the exception of local Health Departments vending machines; milk product plan operated by the cities of Berkeley, Long Beach, inspection; and food facility plan check and and Pasadena, counties provide a wide variety construction. of health services to all residents of the county, ♦ Housing and Institutions - Employee regardless of whether they reside in the housing, substandard housing, unincorporated area or reside within city limits. motels/hotels, detention facilities, In other words, the county Health Department organized camps, and mobile home camps. is also the cities’ Health Department. ♦ Recreational Health - Lakes, streams, and The County Health agency or department is beaches; public swimming pools and spas; usually administered by a director who is appointed by either the County Administrative

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Officer (CAO) and/or the Board of Supervisors Emergency Medical Services (EMS) - If and is responsible to them for all health-related designated as the local EMS agency, issues. The Board also appoints a public health responsibilities involve ambulance permitting officer (physician) who serves as the chief and monitoring, Emergency Medical Technician medical officer for the county on public health certification, emergency medical dispatch issues. The type of organizational structure and approvals, and disaster planning. programs offered vary from county to county. Hospitals - In 2010, 13 counties owned and This is one of the most complex and diverse operated 17 county hospitals that serve as areas of county government and one which safety net providers of last resort to any person affects every county resident. seeking medical care. Some of these hospitals are full service teaching hospitals affiliated with Office Responsibilities university medical schools. Services vary from Alcohol-Drug - Assures substance abuse hospital to hospital but generally include services are available to the public through a medical, surgical, emergency, trauma, network of publicly operated and/or privately outpatient, and a wide variety of specialty contracted providers. Services typically include services. inpatient and outpatient care, residential recovery, detoxification, information, Indigent Medical Care - Provides medical care education, prevention, and early intervention. to indigent persons in a variety of ways including operating a county hospital and/or County Medical Services Program (CMSP) - primary care clinics, or using a wide variety of Established in 1982 to provide medical and contracts with private healthcare providers to dental care to medically indigent adults (MIAs) fulfill their responsibilities. aged 21-64 who are of marginal income and who are not eligible for the State’s Medi-Cal Mental Health - Provides a wide range of Program. The CMSP Governing Board is behavioral and psychiatric services to the public comprised of county supervisors, either directly or by contract with providers. administrators, health officials, and welfare Services typically include acute inpatient care directors. Thirty-five small rural counties for Welfare and Institutions Code Section 5150 currently participate in the CMSP: Alpine, persons (danger to themselves, others, or are Amador, Butte, Calaveras, Colusa, Del Norte, El gravely disabled), State Mental Hospital Dorado, Glenn, Humboldt, Imperial, Inyo, Kings, placements, long-term care in institutes for Lake, Lassen, Madera, Marin, Mariposa, mental disease, local crisis services, day Mendocino, Modoc, Mono, Napa, Nevada, treatment, outpatient care, and operation of a Plumas, San Benito, Shasta, Sierra, Siskiyou, conditional release program for Penal Code Solano, Sonoma, Sutter, Tehama, Trinity, offenders. Since October 1, 1994, county Tuolumne, Yolo and Yuba. mental health programs have provided managed care for persons eligible for Medi-Cal, Environmental Health - Provides all health- California’s Medicaid program. related approvals and permits relating to land development (e.g. well water, septic, and land Public Health - Services include prevention, use), consumer protection (food facility early intervention, education, and treatment inspections/permits, public pools, small water through a wide range of specific programs and systems, solid waste, and foodborne illness services which typically include HIV/AIDS testing investigation), and hazardous materials and counseling; communicable and infectious (underground storage tanks, medical waste, disease control; immunizations; family planning; Proposition 65 reporting, chemical spills, and children’s services; sexually transmitted incident response). (See separate description in diseases; public health nursing; tuberculosis; this section.) Women, Infants and Children (WIC) nutritional

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services; and vital statistics registration efforts designed to attract qualified applicants involving birth/death certificates and burial and meet the county affirmative action plan permits. Normally a public health laboratory is requirements are also conducted by the on-site to perform tests for rabies, water, food, Personnel Department. Persons found eligible lyme disease, parasites, bacteria, and for employment are certified to vacancies based microorganisms. Public health departments are upon county personnel rules. also very involved with bioterrorism prevention Employee Records - A central personnel file and preparedness efforts. system is maintained by Personnel Department staff. Included in each file are various PERSONNEL – HUMAN documents related to pre-employment, RESOURCES employment, changes in employment status, evaluations, training, and payroll. The Personnel Department is responsible for various human resource programs which Affirmative Action - A countywide affirmative provide employment-related information and action plan may be developed, maintained, and services. In some counties, these programs may updated by Personnel Department staff. be assigned to other staff departments or to Employee Due Process - Public agencies have some degree may be delegated to line disciplinary policies and procedures which departments. Twenty-eight counties have conform with federal, state and local mandates approved local merit systems and the remaining to provide employees, including civil service and counties have locally developed personnel non-civil service employees, with “due process” systems which otherwise observe various state should their property interest in employment and federal laws and regulations. The be challenged (discipline). The Personnel Personnel Department is headed by a director Department, usually in conjunction with the who may be appointed by the Board of County Counsel, provide managers and Supervisors, by the CAO, by a civil service supervisors with guidance and training on commission, or by an agency director and is progressive discipline procedures and pre- assisted by necessary administrative and discipline notification safeguards to assure “due support staff. process.”

Office Responsibilities Salary Plan - The salary plan consists of salaries Position Classification - A classification plan is or salary ranges assigned to county classes and maintained by the Personnel Department. All the procedures to determine circumstances positions are assigned to job classifications under which salary progression may occur. The which are periodically updated to ensure the salary plan is periodically changed due, in part, titles, description of duties, description of to results of market plan surveys or other salary relationship to other classes, and employment indicators and collective bargaining for many criteria are current. This plan serves as a guide employee classes. for various employment decisions including Employee Relations - Units of employee testing and recruitment criteria, budget and representation based upon criteria found in a organization decisions, employee career county employee relations policy are developed development, and development of bargaining and modified based upon recommendations units. from Personnel Department staff. The staff also Testing-Recruitment-Certification - An represents the Board of Supervisors in formal examination system based upon job-related collective bargaining sessions with represented criteria is designed and conducted by the employees and in consultation sessions with Personnel Department staff. Recruitment unrepresented employees.

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Training - A countywide training program may plans, as well as annual review of capital be conducted by Personnel Department staff. improvement programs for consistency with the Such training may include subjects related to general plan. The Planning Department must personnel development including new also promote public coordination of the plan employee orientation, supervisory training, with public agencies. Another important role is affirmative action related training, and career consulting and advising with public officials and development skills. agencies, utilities, civic groups, educational and professional organizations, and citizens Risk Management - Some or all risk concerning implementation of the general plan. management functions may be assigned to the Personnel Department including health and Planning departments serve a very important welfare benefit administration, safety, Workers’ purpose in reviewing applications for proposed Compensation, Unemployment Insurance, State development. Staff must advise planning Disability Insurance, and liability. commissions and elected officials of various implications of such development including PLANNING whether the proposed project is consistent with the applicable general plan or an amendment The state’s Planning and Zoning Law requires must be sought. Further, Planning Agencies that each county establish a Planning Agency to must follow the California Environmental carry out specified planning functions. The Quality Act (CEQA) as an integral part of the agency functions may be delegated to a planning process. This act requires that department, one or more planning potential impacts of government agencies’ commissions, administrative bodies or hearing actions, including approval of private sector officers, the legislative body itself, or any projects, be disclosed, comprehended, and combination thereof. Recognizing the diversity mitigated by the agency before they act. among county planning operations, “Planning Agency” is a generic term that applies to Planning Agencies often perform other whichever body performs the designated functions, including conducting studies and planning functions. preparing plans for the county. Some counties combine other governmental functions with the All but one county (Kern) have established planning agency: public works, building Planning Commissions consisting of members departments, redevelopment agencies, code who are appointed by the Board of Supervisors. enforcement, transportation planning, parks, These commissions report directly to the Board economic development, LAFCo, COG, and solid and make recommendations regarding waste management authority. important land use decisions. The legislative body (i.e., Board of Supervisors) retains the PROBATION ultimate authority on all land use decisions. The Planning Department of a county provides Each of California’s 58 counties has a Probation staff support to both the Planning Commission Department; San Francisco City and County has and the Board of Supervisors, advising them on two -- one for adults and a separate one for important issues facing them in relation to land juveniles. The Probation Department, like the use decisions. sheriff’s department, district attorney’s office, public defender’s office, and courts, is a key Office Responsibilities component of the county’s criminal justice The Planning Agency must prepare, periodically system. review, and revise the county general plan. The Probation Department deals with adults, Implementation of the plan occurs through juveniles, pretrial detainees, and sentenced zoning and subdivision ordinances and specific persons. The mandate that a county have a

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Probation Department is set out in Welfare and PUBLIC DEFENDER Institutions Code Section 270. The duties are varied and numerous. Specific mandated The Public Defender’s Office is responsible for services are found throughout the Codes, providing legal defense (at all stages of the including: Code of Civil Procedure, Education proceedings) for any person who is not Code, Family Code, Government Code, Health financially able to employ counsel and who is and Safety Code, Penal Code, and Welfare and charged with any contempt or offense triable in Institutions Code. the superior court. The Public Defender, appointed by the Board of Supervisors, carries The Probation Department is administered by out the office responsibilities with the the Chief Probation Officer who is appointed, assistance of deputy counsels and other depending on the county charter, either by the support staff. Board of Supervisors or by the Presiding Judge of the Superior Court. The primary staff of the Office Responsibilities Probation Department are probation officers In addition to those major functions, the Public and institutional counselors who are sworn Defender: peace officers (Penal Code Section 830.5) with ♦ Formulates departmental policy, directs its the powers of arrest, search, and seizure. execution, and evaluates work Probation Officers are required to have 200 accomplished hours of comprehensive training prior to assuming their duties and 40 hours each year ♦ Directs deputies’ representation of thereafter. This training is certified and paid for defendants who are unable to employ by the Standards and Training for Corrections counsel in preliminary hearings, as well as Program of the State Board of Corrections. misdemeanor and felony trials; minors whose parents are unwilling or financially Office Responsibilities unable to obtain counsel in juvenile court The Probation Department performs the proceedings; and persons who are unable following functions: to employ counsel in mental health and ♦ Investigates offender’s backgrounds conservatorship proceedings that may result in incarceration or detention ♦ Makes sentencing recommendations to the ♦ court Assists the courts in obtaining reimbursement from defendants, and from ♦ Enforces court orders parents or guardians of minors represented, ♦ Supervises sentenced offenders for all or a portion of the Public Defender’s ♦ Provides corrections and prevention cost of counsel programs ♦ Directs the defense of persons unable to ♦ Operates custody facilities for detained and employ counsel in any civil litigation, if in adjudicated juvenile offenders and, in some the judgment of the Public Defender, the counties, sentenced adult offenders as well person is being persecuted or unjustly harassed ♦ Administers various juvenile justice prevention and intervention programs ♦ Directs field investigations to locate witnesses and obtain information for legal The Probation Department also recommends staff and collects restitution, oversees community ♦ service, and provides oversight of criminal Directs the appeal of those cases in which diversion programs. an appeal might reasonably be expected

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PUBLIC GUARDIAN – The Public Administrator is responsible for administering the estate of a county resident CONSERVATOR– who dies without a will or family in California. ADMINISTRATOR Estate administration may include marshaling all assets, selling real or personal property, The Public Guardian-Conservator-Administrator performing heir searches, and overseeing the provides mandated conservatorship and estate distribution of the estate. The activities are administration services as specified by the supervised by the superior court. The Public Probate Code and Welfare and Institution’s Administrator may also supervise the county’s Code. The organization of these services varies indigent burial program. among counties. The Public Guardian, Public Conservator, and/or Public Administrator is personally responsible for these functions, PUBLIC WORKS which are delegated within the department. The Public Works Department is responsible for The services of the Public Guardian may be planning, designing, constructing, operating, provided through a separate county and maintaining the county’s infrastructure: department, an elected official, or incorporated public roads, transportation systems, bridges, into a larger department such as health or water, wastewater, drainage, and solid waste human services. Public Conservator services disposal systems. In some counties, airports, are oftentimes provided by the Public Guardian, general services, and parks and recreation but the responsibilities may be shared with facilities are also housed in the Public Works mental health departments. The Public department. Typically, the department is Administrator may be an elected official, a administered by the Director of Public Works, separate department, or housed within another who is appointed by the Board of Supervisors, county department such as sheriff-coroner, and is assisted by necessary administrative and treasurer, or public guardian-conservator. support staff. The Director may also serve as the County Engineer, or a licensed engineer in Office Responsibilities the department may hold that title. The Public Guardian-Conservator serves as conservator of a person and/or estate of Office Responsibilities individuals needing protective intervention. The types of activities and level of involvement The two types of conservatorship, Lanterman- by the Public Works Department may vary from Petris-Short (LPS) and probate, can only be county to county. However, the specific work established by order of the superior court. engaged in by this department may include, but not be limited to, the following: As probate conservator, Public Guardians are ♦ Maintaining the county’s network of involved in all aspects of their clients’ lives, underground facilities (sewer and domestic including financial management, housing, water) and storm drainage pipeline, medical care, placement, and advocacy. roadways, bridges, and other minor As LPS conservator, Public Conservators are structures responsible for directing the mental health ♦ Developing and delivering a countywide treatment and placement of their clients. coordinated transportation program which Referrals for probate conservatorship usually includes bus and passenger rail services come from another community agency, ♦ Administering, operating, and maintaining institution, or physician. Referrals for LPS special districts that provide water, sanitary conservatorship can only come from a sewer, storm drainage, and street lighting psychiatrist who is affiliated with a Short-Doyle services hospital.

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♦ Administering and maintaining flood control Detention - Operation of the jail and work district zones consisting of project levees camps; booking and release of inmates. and channels Civil - Receive and serve civil papers, such as ♦ Maintaining equipment for other county summons, complaints, subpoenas, and orders departments of the court. In addition, the Public Works Department may Court Services - Provide inmate transportation administer and operate a solid waste and bailiff duties in the court; provide management program which includes courthouse security. collections, licensing, and planning. Records - Maintain records, warrants, and The county surveyor’s office, responsible for criminal history information. processing all official maps, is often housed Coroner - See full description below. within the Public Works Department. Furthermore, the departments also acquire and The Coroner’s Office typically has three dispose of real property related to the functional operations: construction of county public works Medical - Conduct autopsies to determine improvement, review private development cause of death in those cases which fall within projects, and prepare master plans for future its jurisdiction; transport and remove bodies; construction. verify cause of death and sign death certificates; appear at all unattended deaths SHERIFF-CORNER unless the deceased has been seen by a The Sheriff has three primary duties: keep the physician within a specified period of time. peace (e.g., make arrests); attend the courts; Administrative - Maintain all records; respond and operate the county jail. All 58 counties in to inquiries by law enforcement agencies, California have a Sheriff’s Department and 49 of doctors, and others with potential cases; those counties also provide for the Sheriff to provide proper custody and security of assume the duties of the Coroner. The Sheriff is valuables; arrange sale of unclaimed property a constitutionally elected official. The Coroner, (which may be done by the public guardian- in those counties where the Sheriff does not public administrator); locate families when assume both roles, is responsible for inquiring necessary. into and determining the circumstance, Investigative manner, and cause of all violent, sudden, or - Conduct investigations to unusual deaths. Some counties have determine causes of death and/or to establish independently elected Coroners and others identity of deceased; conduct inquests. have appointed Coroners, or Medical Examiners who perform the duties of the Coroner. The SOCIAL SERVICES/HUMAN Sheriff may also provide court services. SERVICES

Office Responsibilities The Social Services Agency/Human Services- The Sheriff’s Department typically has six Department administers programs providing functional operations: cash assistance and welfare-to-work services, health coverage, and food assistance to Patrol - Besides patrol cars, may include boat or individuals and families; assessment and air patrol; answer calls for service; conduct protection for children and adults who have investigations; detect and prevent crimes; and been abused or neglected; and in-home make arrests. supportive services for vulnerable children and adults. Some county Social Services Agencies

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also oversee center-based and home-delivered Transfer (EBT) card called the Golden State meals for seniors and/or workforce programs Advantage card. that provide education, training, and job Health Coverage – Through local offices, placement services. The specific responsibilities phone-based service centers and Internet of the Social Services Agency will vary by applications, administers eligibility for county. The Agency is administered by a numerous health coverage programs, including director, who is appointed by the County Medi-Cal and the new Advance Premium Tax Administrative Officer or the Board of Credit coverage offered through the Affordable Supervisors, and a variety of management and Care Act. specially trained support staff. Family and Children’s Services - Responds to The Personal Responsibility and Work allegations of abuse or neglect of children. Opportunity Reconciliation Act of 1996, Protects children and provides family dramatically changed the way welfare services preservation services when possible; shelters are delivered nationally and in the state. The children in the children’s shelter, foster or new program, “Temporary Assistance for Needy group homes when it is not safe for them to Families” (TANF), replaced the former remain with their families; and creates new entitlement program, “Aid to Families with families through adoption and guardianship. Dependent Children” (AFDC). California’s TANF program is called CalWORKs. Aging and Adult Services - Responds to allegations of abuse, neglect, or exploitation of Highlights of CalWORKs include the following: elderly and dependent adults. Coordinates the ♦ The CalWORKs program includes temporary delivery of in-home supportive services to financial assistance and employment children and adults with disabilities which services. requires assistance with the activities of daily ♦ The reforms allow for more flexibility in the life. In collaboration with the State Department design and implementation of services to of Aging, some county Social Services Agencies TANF recipients on a federal, state, and administer a senior nutrition program to local level. provide congregate site and home-delivered ♦ In California there is a “safety net” that meals. Some agencies help military veterans protects children who will remain eligible and their relatives obtain veterans’ benefits. for temporary assistance if their parents fail Employment and Training - Congress passed to meet program requirements or become the Workforce Investments Act of 1998. Some ineligible for aid due to expiration of their counties house these programs in their Social lifetime benefit. Services Agency.

Public Administrator-Public Guardian - Office Responsibilities Administers personal/financial management for The Social Services Agency programs are people who cannot care for themselves because organized in seven major divisions (the types of of serious physical or mental incapacity. programs and organization can vary by county): Protects clients’ assets from exploitation and Income Maintenance - Through a network of administers estates of people who die without offices, phone-based service centers and leaving a will. Some counties house these Internet applications, provides access to programs in their Social Services Agency. (See benefits from CalWORKs, CalFresh (formerly full description of Public Administrator-Public known as Food Stamps), child care and county- Guardian in this section.) funded General Assistance programs. Financial Management and Administration - Californians receiving CalWORKs and CalFresh Develop and monitor the agency’s budget and access their benefits via an Electronic Benefit

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administer all fiscal activities and support for county departments and affiliated agencies. functions of the agency. In addition, many Boards of Supervisors have established debt advisory or finance TREASURER—TAX subcommittees where the Treasurer-Tax COLLECTOR Collector may be a participating member. The combined offices of Treasurer and Tax WEIGHTS AND MEASURES Collector exist in 56 of California’s 58 counties. Imperial and Solano Counties maintain separate The Weights and Measures Department is offices. With the exceptions of Los Angeles, headed by the Director (Sealer) of Weights and Sacramento, and Santa Clara Counties, all Measures, who is appointed by the Board of Treasurer-Tax Collectors are nonpartisan Supervisors and is responsible for the countywide elected officeholders serving four- administration and enforcement of all year terms. applicable laws and regulations related to weighing and measuring devices, quantity Office Responsibilities control, and petroleum inspections. In many The Tax Collector’s role in most counties is to counties the Sealer is located in the Agricultural administer the billing, collection, and reporting Commissioner’s office. of property tax revenues levied annually throughout California for the county, its cities, Office Responsibilities schools, and special districts. The Tax Collector The Director (Sealer) of Weights and Measures operates under provisions of the State is responsible for the preservation and Constitution and statutes principally codified in maintenance of standards of measurement the Revenue and Taxation Code. After five essential to value comparison for consumers years, real property tax delinquencies result in and fair competition for industry. This charge is Tax Defaulted Property Sales conducted by the implemented through device inspections, Tax Collector. quantity control, weighmaster inspections, and petroleum inspections. The Treasurer serves as the depository for all funds belonging to the county, schools, and The device inspection program protects both other special districts within each county. the buyer and seller by the testing of weighing Operating primarily under the Government and measuring devices to ensure their Code, the Treasurer receives, deposits, and correctness. This provides for uniform manages investments for over $70 billion standards of weight and measure when the generated from taxes, fees, grants, and bond price of goods depends on the accuracy of proceeds. In addition, the Treasurer is often these devices. Most devices, including retail the principal in the issuance of county debt scales and meters, are generally tested yearly. obligations that support a variety of The quantity control program controls the construction projects and other county accurate reproduction of quantity standards financing needs. Treasurers also sit as ex-officio and price extension in commercial transactions members of the retirement boards for the 20 and provides for informative labeling of counties participating in the 1937 County identity, quantity, and responsibility of Retirement Act. packaged commodities. Quantity control The Treasurer-Tax Collector’s office can inspections including commodity quantity research property tax-related questions, verification, accurate price calculations, and provide investment and cash flow information, advertised price correctness are performed at assist in developing financing options for county all establishments that conduct transactions projects, and provide general banking services upon weight, measure, volume, time, or count.

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The weighmaster inspection program protects Petroleum inspection assures that petroleum persons having a financial interest in products meet the state safety and transactions which are required to be based performance quality standards. Some counties upon a written statement of quantity. maintain their own labs, but most counties Businesses that use heavy capacity scales such submit samples to the state for brand, purity, as moving companies or rock, sand, and gravel and octane sampling. Within most counties, companies are generally weighmasters. the Director (Sealer) of Weights and Measures is also the Agricultural Commissioner.

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Typical Services Provided to All County Residents

Sheriff ♦ Economic Development ♦ Coroner County Clerk/Recorder ♦ County Jail ♦ Elections ♦ Search and Rescue Services ♦ Marriage Licenses Human Services ♦ Death Records ♦ Employment and Financial Services ♦ Passport Applications ♦ Child Protective Services ♦ Voter Registration ♦ Adult Protective Services ♦ Recording of Official Records ♦ Food Stamps Public Works Department ♦ Medi-Cal Eligibility and Services ♦ County Transit ♦ In-Home Supportive Services ♦ County Landfill ♦ Adoption Assistance ♦ Recycling and Household Hazardous Waste ♦ Nutrition Programs (Meals-on-Wheels) ♦ County Roads District Attorney ♦ Flood control ♦ Attorney and Prosecutors ♦ County Parks ♦ Criminal Child Support Investigations Libraries ♦ Child Abduction ♦ Public Library Branches ♦ Welfare Fraud ♦ Literacy Program Agriculture Department Assessor/Auditor ♦ Agriculture Law, Regulatory Enforcement ♦ Property Tax Calculation and Distribution ♦ Weights & Measures Enforcement ♦ Property Assessment ♦ Predatory Animal Control ♦ Agency Audits ♦ Pesticide Use Regulation ♦ Coordinate 4H Program Veterans Services ♦ Advice to Farmers and Gardeners ♦ Benefit Assistance ♦ Veteran Memorial Halls Behavioral Health ♦ Alcohol & Substance Abuse Programs Public Defender ♦ Mental Health Services ♦ Legal Assistance to Indigent Citizens ♦ School Based Services Water & Resource Conservation ♦ Prevention Programs ♦ Manage and Conserve Water and Other ♦ Homeless Assistance Resources ♦ Senior Citizen Services Treasurer – Tax Collector Public Health ♦ Collection and Investment of Public Funds ♦ WIC Food Voucher and Nutrition Education Probation ♦ Environmental Health and Management ♦ Probation-Parole ♦ Hazardous Materials Monitoring ♦ Juvenile Hall ♦ Clinics and Hospitals ♦ Victim Witness Assistance ♦ Health Education Programs ♦ Restaurant Licensing and Inspection Child Supportive Services ♦ Enforcement/Collection of Child Support County Administrative Office Payments ♦ Emergency and Disaster Management

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Administrative and Procedural Rules of the Board of Supervisors Example from the County of San Diego

Every county has adopted a set of administrative and procedural rules for the Board of Supervisors. They help guide the work and meeting of the Board, and enhance transparency for the public. This sample is an incomplete sample from the San Diego County Board of Supervisors Rules of Procedure (amended January, 2014). For the complete document please visit: www.sdcounty.ca.gov/bos/boardrules. While this example is typical, readers should become familiar with the rules for their county.

Rule 1. Time and Place of Meetings of the Board those approved by the Chairperson and the of Supervisors County Counsel as noted below (a) Except as otherwise provided in this Rule, a (d) As required by the Ralph M. Brown Act, items regular meeting of the Board shall be held on not on the posted agenda for a meeting shall not Tuesday of each week commencing at the hour of be considered by the Board except as follows: 9:00 a.m. and Wednesday of each week commencing at the hour of 9:00 a.m. in the North 1. Upon determination by a majority vote of the Chamber (Room 310) or Conference Rooms Board that an emergency situation exists, as (Rooms 302, 358 or 335‑A), located at the San defined in Government Code Section 54956.5. Diego County Administration Center, 1600 Pacific The determination shall be made prior to Board Highway, San Diego, California or the County consideration of the emergency item. An Operations Center, Campus Center Chambers, emergency situation is limited to: 5520 Overland Avenue, San Diego, California. The a. emergency - work stoppage, crippling Wednesday meeting is to be known as the Land activity, or other activity that severely impairs Use meeting. No meeting shall commence prior public health, safety or both. to the time specified in this subsection … b. dire emergency - crippling disaster, mass Rule 2. Agenda for Meetings of the Board of destruction, terrorist act, or threatened terrorist Supervisors activity that may endanger the public health, (a) Items for the agenda for any regular meeting safety, or both. of the Board may be included on the agenda only 2. Upon determination by a two‑thirds vote of with the approval of the Chief Administrative the Board Members present, or a unanimous vote Officer; provided, however, Board Members may if less than two‑thirds of the Members are file an item for the agenda for a regular meeting present, that there is a need to take immediate directly with the Clerk. action and that the need for action came to the (b) The Clerk shall prepare and issue an agenda for attention of local agency subsequent to the each regular meeting of the Board. Items filed agenda being posted. The determination shall be with the Clerk for the agenda shall be complete. made prior to Board consideration of the item … The Clerk shall not accept any additional material Rule 3. Order of Business for Meetings of the on an agenda item or any new agenda item except Board of Supervisors

County Supervisors Resource Guide 2-43 County Government in California

(a) The schedule of business for the Tuesday participation is as follows: three minutes per meeting shall be: person; the Chairperson may set a limit for 9:00 a.m. - 12:00 Noon - Agenda Matters organized group presentations of three or more 12:00 Noon - 2:00 p.m. - Recess persons up to 15 minutes, and may set limits for each side when many persons request to speak on 2:00 p.m. - Until Adjournment into Closed Session an agenda item. The Chairperson of a Planning or Agenda Matters Sponsor Group is the sole official spokesperson Closed Session (if necessary) - Closed Session for the group unless this responsibility is Agenda Matters delegated in writing or otherwise established by County Counsel will report on Closed Session majority vote of the group and communicated in actions (if necessary) writing to the Chairperson of the Board of (c) The order of business of the regular meeting Supervisors. Five minutes may be allowed for such held on Tuesday shall be: presentation unless there are circumstances - Roll Call warranting additional time. If there is a minority report from the Planning or Sponsor Group, the - Invocation Chairperson may allocate up to five minutes for - Pledge of Allegiance such presentation. The Chairperson shall have - Presentation of Proclamations discretion in setting time limits … - Public Communication, pursuant to Rule 4 (f) Rule 5. Nomination and Selection of Chairperson, - Approval of Minutes Vice Chairperson, and Chairperson Pro Tem of the - Agenda review at call of the Chairperson to Board of Supervisors identify those items on agenda which a Member (a) The officers of the Board are the Chairperson, of the Board or of the public requests the the Vice Chairperson and the Chairperson Pro opportunity to discuss. Tem. The nominations for and selection of - Approval at the call of the Chairperson of Chairperson, Vice Chairperson and Chairperson those items for which there is no request for Pro Tem for the ensuing year shall be discussion. accomplished by the Board within 30 days of the - Discussion of items that the public has first regularly scheduled meeting in January. No requested an opportunity to discuss shall be nominations or selections shall be accomplished taken in sequential order followed by discussion until after any newly elected Supervisors have of all other items to be discussed taken in taken office. sequential order; provided, however, the (b) The method of nomination and selection of Chairperson may take items out of sequential Chairperson, Vice Chairperson and Chairperson order for the purpose of accommodating the Pro Tem will be at the discretion of the Board … public or expediting the conduct of the meeting. Rule 6. Motions During Meetings of the Board of - Closed Session and reporting of Closed Session Supervisors Actions (if necessary). (a) Action of the Board shall be taken by motion. The Chairperson may alter or deviate from this Any action of the Board may be proposed by the schedule … motion of any Member. Such a motion, if Rule 4. Public Participation in Meetings of the seconded by any Member, shall be on the floor Board of Supervisors and must be considered. If a motion is not (a) The policy of the Board is to permit public seconded, the motion fails for lack of a second, participation in Board meetings. No person shall and shall be so declared by the Chairperson. address the Board without the permission of the (b) A motion may be withdrawn by its maker at Chairperson. The Chairperson may limit the time any time before adoption or rejection, with the for presentation and the number of persons who consent of the second. Absent the consent of the may address the Board on any agenda item. The second, the motion shall remain on the floor. The general policy of the Board regarding public second to a motion may be withdrawn by the

2-44 County Supervisors Resource Guide County Government in California second at any time before adoption or rejection of Rule 8. Conferences of the Board of Supervisors the motion. Upon withdrawal of the second, the (a) Conferences of the Board may be scheduled motion will be lost for lack of a second and so by the Chairperson to be held at any regular or declared by the Chairperson unless seconded by special meeting. The agenda for any conference another Member. shall be approved by the Chairperson. (c) The Chairperson shall recognize Members of (b) Conferences shall be for the purpose of the Board who desire to obtain the floor to speak providing the Board information submitted by in the order that they request to speak through County staff or by those of the public invited by the electronic Board Member request to speak the Board or County staff to address the Board at system. Once the Chairperson has recognized the such conference. right of a Member to speak, the Chairperson shall Rule 9. Overruling the Chairperson of the Board protect the speaker from disturbance or of Supervisors interference. The Chairperson, when the interest A decision of the Chairperson with respect to the of the Board requires, may permit a Member to interpretation, applicability or enforcement of be interrupted … these Rules may be overruled by a majority vote Rule 7. Retention of Exhibits and Documentary of the Members present. Material Received in Hearings Before the Board Rule 10. Ceremonial Functions and Proclamations of Supervisors The Chairperson is authorized to represent the (a) Hearings required by law - In hearings required County at ceremonial functions, proclamation by law (such as hearings on Planning and Zoning ceremonies, and other similar events when the matters on applications for variances, special use Board has not otherwise designated one of its permits, reclassification of zones, and Members to represent the County. The amendments to General Plan for which a hearing Chairperson shall coordinate the representation is required by statute or ordinance) the following of the County by other Members at such events. rules shall apply: Rule 11. Suspension of Rules of Procedure (1) Subject to the conditions stated below, in (3) Any rule of the Board may be suspended and (4) of this subsection, all exhibits, including temporarily, upon approval of the majority of the documentary materials such as photographs, Board. The temporary suspension shall apply only drawings, maps, plats, letters, petitions and other to the matter under immediate consideration and, physical evidence received by the Board at in no case, shall it extend beyond an adjournment. hearings shall be retained by the Clerk as part of the record of the hearings. To the extent possible, Rule 12. Amendment of Rules of Procedure the Clerk may furnish copies of such material to No rule of the Board shall be adopted or amended persons requesting them upon payment of the fee except by resolution adopted by the Board. prescribed by the San Diego County Rule 13. Policies to Implement Rules of Administrative Code for copies of public records. Procedure (2) All exhibits received by the Board will be The Board may adopt policies to implement marked for purposes of identification. Exhibits provisions of these Rules. filed with the Board by County staff personnel will Rule 14. Parliamentary Procedure be marked by numbers in the order received: These Rules shall govern the proceedings of the numbers 1, 2, 3, etc. Exhibits filed with the Board Board. In all situations not covered by these Rules by persons other than County staff personnel will or any provision of law, the authority shall be be marked by letters in the order received: A, B, C, Robert's Rules of Order, Newly Revised. The Clerk etc. References to exhibits filed with the Board of the Board shall serve as Parliamentarian. will be by the numbered or lettered designations assigned to them …

County Supervisors Resource Guide 2-45 County Government in California

www.csacinstitute.org

2-46 County Supervisors Resource Guide County Roles, Responsibilities and Authority

California Counties

Role, Responsibilities and Authority

2013 New Supervisors Institute

Today’s Adventure

 A bit about counties  Structure and powers  Services and responsibilities  Resources  Tab 2 – County Government  Tab 8 – Roles, Responsibilities  Tab 12 – Local Agency Decision Making

58 Ways

County Supervisors Resource Guide 2-47 County Roles, Responsibilities and Authority

Board of Supervisor Roles

 Executive Powers  Supervision of County Officials  County Litigation  Membership in Joint Powers Authorities  Legislative Role

Board of Supervisor Roles

 County Revenue Authority  Quasi-Judicial Role  Intergovernmental Relations

Typical County Departments

 Agriculture  Library  Assessor  Parks  Auditor-Controller  Planning  Cooperative  Probation Extension  Public Defender  County  Public Guardian Administrator  Public Health  County Clerk  Public Works  County Counsel  Sheriff-Coroner  District Attorney  Social Services  Environmental Health  Treasurer-Tax Collector  General Services  Weights and  Human Resources Measures

2-48 County Supervisors Resource Guide County Roles, Responsibilities and Authority

County Services - Responsibilities

County-wide Municipal Services Services TYPICAL SERVICES TYPICAL SERVICES Health & Human Services Law Enforcement Child Support Fire District Attorney Land Use Public Defender Public Works Probation Animal Control Corrections Parks & Recreation Recorder/Assessor Library Elections Airport Tax Collection Auditor Agriculture Commissioner

County Services - Responsibilities

 Mandated-Absolute  Federal or state law; court decisions specify program requirements  Board has no discretion on service, staffing, or expenditure levels

Jail/Corrections Real Property Assessment CalWORKS Child Welfare Services Public Defender Communicable Disease Control Elections

County Services - Responsibilities

 Mandated-Practical  Federal or state law; court decisions specify program requirements  Board has some discretion on service and expenditure levels

Surveyor Weights & Measurers Adult Prosecution Sheriff Patrol County General Plan Medically Indigent Adults Probation Behavioral Health Services

County Supervisors Resource Guide 2-49 County Roles, Responsibilities and Authority

County Services - Responsibilities

 Business Necessity  Program or service essential to the functioning of the county  Board has some discretion on service and expenditure levels

Senior Nutrition Fire Protection Child Abuse Prosecution Homeless Shelters Veterans Services Disaster Planning Facilities Management Road Maintenance

County Services - Responsibilities

 Discretionary  Federal or state law; court decisions do not establish the program  Program is a local policy choice  Board has complete discretion on service and expenditure levels

Ambulance Subsidy Economic Development Parks, Marinas, Wharfs Airports “County Contribution” Programs

2-50 County Supervisors Resource Guide REVENUES AND RESPONSIBILITIES- An Inventory of Local Tax Powers County Supervisors Resource Guide Table 1: County Tax Authority

Purpose/Program Authority Agency Notes Bradley-Burns Sales & Use Tax. Not to exceed 1%. Countywide, 0.25% of the tax funds Any R&T §7200, et seq. Any county transportation projects. County receives additional 0.75% from sales in unincorporated area. Transient occupancy tax on occupancy (of no more than 30 days) in a hotel, inn, motel, or Any R&T §7280, et seq. Any county other lodging. Also applies to cities. R&T §7284, Any B&P §16100 Any county Business license tax. Utility user tax. Levied on utilities such as gas, electricity, telephone, water, and cable televi- Any R&T §7284.2 Any county sion services. Documentary transfer tax. Rate- $0.55 per $500 (or fraction thereof) of the consideration or Any R&T §11911 Any county value. (City imposed tax is credited against county tax.) General tax. Transactions & use tax. Rate = multiples of 0.25%. (City imposed tax is credited Any (general purpose) R&T §7285 Any county against county tax.) Any (special purpose) GC §23027 Any county Special taxes may be imposed, subject to the provisions of California Constitution Article XIIIA. Special tax. Transactions & use tax. Rate = multiples of 0.25%. (City imposed tax is credit Any (special purpose) R&T §7285.5 Any county against county tax.) Airports GC §26020 Any county Special tax to fund public airports. Any county-formed Commu- Ambulance and paramedic services GC §53313(b) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Ambulance/paramedic/ emergency GC §53971.4, Special tax. Also applies to any city or special district within the county that provides fire or medical services §53978 County of San Bernardino police protection services and emergency medical services. Any county-formed Child care facilities GC §53313.5(d) Community Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Any county-formed Child care facilities insurance GC §53313.5(d) Community Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Convention halls, auditoriums, thea- Admissions tax. Special tax to fund maintenance and operation of county-owned public- ters, museums. GC §25351.5 Any county assembly facilities. Drug abuse prevention, crime preven- tion, health care services, and public Any county-formed Local education R&T §7288.3 Public Finance Authority Special tax. Transactions & use tax. Rate = multiples of 0.25% Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. May be Any county-formed Commu- used to fund the purchase, construction, expansion, improvement, or rehabilitation of any real Facilities GC §53313.5 nity Facilities District or other tangible property. Fire protection and prevention ser- Any county that provides Special tax. Also applies to cities and special districts that provide fire protection or prevention vices GC §53978 s_()_ecified services services or police protection services. Fire protection and suppression ser- Any county-formed Commu- vices GC §53313 (b) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Any county-formed Commu- Flood and storm water services GC §53313 (e) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Special tax on retail sale of spray paint or other marking substances or instruments. Rate = Graffiti removal and prevention R&T§7287 Any county $0.1 0/spray paint container, $0.05/marking instrument. Also applies to cities. Hazardous substance cleanup ser- Any county-formed Commu- vices GC §53313 (f) n ity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Ad valorem property taxes exceeding the statewide maximum rate of 1% may be levied to pay interest on indebtedness approved by the voters before July 1, 1978, or indebtedness for the Interest payments on voter-approved CA Constitution acquisition or improvement of real property approved by 2/3 of voters after July 1, 1978. Also indebtedness. Article XII lA, §1 (b) Any county applies to cities and special districts. Justice facilities R&T § 7286.31 County of San Diego Special tax. Transactions & use tax. Rate - 0.5%

Code Abbreviations: B&P = Business & Professions Code ED = Education Code GC = Government Code HSC = Health and Safety Code MVC = Military and Veterans Code 2-51 PUC= Public Utilities Code R&T =Revenue and Taxation Code S&H =Streets & Highways Code - 1 - REVENUES AND RESPONSIBILITIES- An Inventory of local Tax Powers

2-52 Table 1: County Tax Authority

Purpose/Program Authority Agency Notes Special tax to fund a county contract with another county in which a County Free Library has I Library, contract between counties ED §19109 Any county been established. Any county-formed Commu- Library_ services GC ~53313 (c) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Any county-formed Commu- Library facilities GC §53313.5(c) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Library facilities and services GC §53717 Any county Special tax. Also applies to any city or library district Library_programs and operations R&T §7286.55 County of San Joaquin Special tax. Transactions & use tax. Rate - 0.125% Lighting of parks, parkways, streets, Any county-formed Commu- roads, and open space. GC §53313 (d) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Maintenance S&H §5832.8 County of San Mateo Special tax to maintain improvements in maintenance districts located in Portola Valley. Mosquito abatement GC §25842.5 Any county Special tax for mosquito abatement. May_ be levied in incorporated area, with city consent. Museum & cultural facilities, opera- Any county-formed Commu- lions and maintenance GC §53313 (c) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Musical performances. GC §25558 Any county Special tax to fund free public musical performances. Park & recreation acquisition, im- provement, maintenance, programs, and operations R&T §7286.90 County of San Mateo Special tax. Transactions & use tax. Rate = 0.125% or 0.25% Park, recreation, parkway, and open Any county-formed Commu- space facilities GC §53313.5(a) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Parks, parkways, and open space, Any county-formed Commu- maintenance services. GC §53313 (d) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Special tax for payment of pensions or annuities for employees of a county or judicial district. Pension, retirement, and benefits GC §31200 Any county (Tax base and approval requirements not specified.) Special tax for payment of pensions or annuities for county foresters, firewardens, and firemen. Pension, retirement, and benefits GC §32211 Any county (Tax base and approval requirements not specified.) Special tax for payment of pensions or annuities for peace officers and fire service employees. Pension, retirement, and benefits GC §33015 Any county (Tax base and approval requirements not specified.)

County Supervisors Resource Guide Special tax on horses, mules, and other trail riding animals. Not to exceed $10 per animal. Pleasure riding GC §53942 Any county_ Also applies to any regional park district. (Approval requirements not specified.) Police protection and criminal justice Any county-formed Commu- services GC §53313 (a) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Any county that provides Special tax. Also applies to cities and special districts that provide fire protection or prevention Police services GC §53978 specified services services or police protection services. Public library construction, acquisition, programs, and operations. R&T §7286.59 Any county Special tax. Transactions & use tax. Rate = 0.125% or 0.25% San Francisco (City & Vehicle license fee surcharge of no greater than 15% of the state VLF. Requires 2/3 voter Public transit R&T §11152 County) approval. Discontinued if transit fares are increased. Any county with population Vehicle license fee of $1. Adopted by ordinance for period of one year only. (May be an un- Rapid transit planning R&T§36020 greater than 1 ,000,000 constitutional special tax levied without 213 voter approval.) Commercial parking lot license tax not to exceed 5% of gross receipts. Adopted by ordinance Any county with population for period of one year only. (May be an unconstitutional special tax levied without 213 voter Rapid transit planning R&T §36060 greater than 1 ,000,000 approval.) Any county-formed Commu- Recreation program services GC §53313 (c) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. I

Code Abbreviations: B&P = Business & Professions Code ED = Education Code GC = Government Code HSC = Health and Safety Code MVC = Military and Veterans Code PUC= Public Utilities Code R&T =Revenue and Taxation Code S&H =Streets & Highways Code -2- REVENUES AND RESPONSIBILITIES- An Inventory of Local Tax Powers

County Supervisors Resource Guide Table 1: County Tax Authority

Purpose/Program Authority Agency Notes Vehicle license fee of up to $10 per vehicle. Adopted by ordinance in counties which have general plan provisions for county expressways and have funded highway construction from a Any county which meets county bond of at least $70,000,000. (May be an unconstitutional special tax levied without 213 Roads (county expressways) R&T §11103 specified conditions voter approval.) Road maintenance S&H §1550.2 Any county Special tax for road work in counties' special road maintenance districts. Sanitation and health HSC §101350 Any county Special tax. School facilities, elementary and sec- Any county-formed Commu- ondarv schoolsites GC §53313.5(b) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. School facilities, maintenance ser- vices for elementary and secondary Any county-formed Commu- schoolsites GC §53313 (c) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters (not landowners). Seismic safety work on buildings and Any county-formed Commu- real property GC §53313.5(i) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Any county-formed Commu- Snow plowing and removal GC §53313 (e) nitY Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Soil deterioration repair and abate- Any county-formed Commu- ment GC §53313.5 (j) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Any county-formed Commu- Street & road maintenance GC §53313 (d) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Special tax to fund promotion of immigration, trade and industriaVagricultural enterprises at Trade, commerce, and immigration. GC§_25904 Any county fairs or expositions. Special tax for advertising, exploiting, and making known the resources of a county and making Trade, commerce, and immigration. GC §26100 Any county plans and arrangements for a fair or exposition. Motor vehicle fuel tax. $0.01/gal. or $0.01/cu.ft. of CNG. Majority voter approval. (May be an Transit capital projects PUC §99500 Any county unconstitutional special tax levied without 213 voter approval.) Any of the nine Bay Area Special tax. Transactions & use tax. Rate = 0.5% or 1%. Also applies to the Metropolitan Transportation PUC§131102 counties Transportation Commission. Motor vehicle fuel tax. $0.01/gal. or $0.01/cu.ft. of CNG. In addition to voter approval, requires approval of a majority of city councils of cities having a majority of the population in the in cor- Transportation R&T§9501 Any county porated areas ofthe county. Any county-formed Commu- Utility undergrounding GC §53313.5(e) nity Facilities District Mello-Roos Act special tax. Requires 2/3 approval of registered voters or landowners. Vector control GC §25842.5 Any county Special tax for vector control. May be levied in incorporated area, with city consent. Veterans homes MVC§1121 Any county Special tax. Special tax to fund acquisition, development, distribution, and sale of water. (Tax base not Water GC §25694 Any county specified. May be an unconstitutional special tax levied without 213 voter approval.) Zoos R&T §7286.43 County of Fresno Special tax. Transactions & use tax. Rate = 0.1%

Code Abbreviations: B&P = Business & Professions Code ED = Education Code GC = Government Code HSC = Health and Safety Code MVC = Military and Veterans Code 2-53 PUC= Public Utilities Code R&T =Revenue and Taxation Code S&H =Streets & Highways Code - 3 -