County Government in California

An Introduction to Local Governance in California California Counties

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

County Supervisors Resource Guide 2-1 County Government in California law of the state and have the force and effect of Board Structure legislative enactments. Government Code Section 25000 requires each Over time, the Legislature has granted general law county to have a Board of Supervisors consisting counties more structural autonomy, making the of five members. The section applies to general adoption of a county charter less attractive and law counties and to charter counties, except advantageous. Moreover, neither general law nor where the charter provides otherwise (e.g., San charter counties have the broad powers of self- Francisco City and County has eleven members government and revenue-raising that cities and one mayor). possess. A board member must be a registered voter of, and reside in, the district from which the member County Powers is elected (if the county has districts). A county charter can provide a local method for filling The California Constitution authorizes a county to vacancies on the Board of Supervisors. In the make and enforce local ordinances that do not absence of such a provision – and for general law conflict with general laws. A county has the power counties – the Governor appoints a successor. to sue and be sued, purchase and hold land, manage or dispose of its properties, and levy and A majority of the members of the Board collect taxes authorized by law. constitutes a quorum for conducting business. A majority of all the members must concur on any Counties must follow state laws that require open act of the Board. A Board may enact rules meetings, due process, and other procedural governing how abstentions are counted. Some requirements or the actions could be invalidated. extraordinary actions, like passing emergency For example, if the Legislature has provided a ordinances, require four votes. method by which a county may abandon a road, that method must be followed. Also, where state An official act of the Board of Supervisors can only law requires land use zoning by an ordinance, this be performed in a regularly or specially convened statutorily prescribed method is binding on the meeting. The individual members have no power county. On the other hand, where the law does to act for the county merely because they are not specifically prescribe a method for members of the Board of Supervisors. accomplishing a task, the county may adopt any Meetings of the Board of Supervisors are subject reasonably suitable means. to the restrictions of the Ralph M. Brown Act Many additional powers have been granted to (Government Code Section 54950 et. seq.). With counties by the Legislature. The powers of a limited exceptions, the Brown Act requires that all county can only be exercised by the Board of Board of Supervisors meetings be open and Supervisors or through officers acting under the public. The county clerk, whose duty it is to record authority of the Board or authority conferred by all proceedings of the Board of Supervisors, is the law. ex officio clerk of the Board, unless the Board appoints its own separate clerk. The Board must The Board of Supervisors keep a record of its decisions and the proceedings of all regular and special meetings. Unlike the separation of powers that characterizes the federal and state governments, the Board of Board of Supervisor Powers Supervisors is both the legislative and the executive authority of the county (except San The Board of Supervisors exercises its power and Francisco City and County). It also has quasi- authority by undertaking the following roles: judicial authorities. executive, legislative, and quasi-judicial.

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1. Executive Role County Litigation The Board of Supervisors has The Board performs its executive role when it sets the power to direct and control the conduct of priorities for the county. The Board oversees most litigation in which the county or any public entity county departments and programs and annually which the Board governs is a party, and by a two- approves their budgets; supervises the official thirds vote, it may employ outside attorneys to conduct of county officers and employees; assist the county counsel in conducting such controls all county property; and appropriates and litigation. The decision to hire special counsel is up spends money on programs that meet county to the supervisors. 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 county officer, and may investigate the officer's 2. Legislative Role performance of county duties. However, in As the legislative body of the county, the Board of enforcing state law, the sheriff is acting as a peace Supervisors may act by resolution, by board order, officer of the state and is under the direct or by ordinance. supervision of the attorney general. In addition to A resolution of a Board is ordinarily not equivalent being an officer of the county, the sheriff is also an to an ordinance; it is usually a declaration about officer of the courts. While acting in that capacity, future purposes or proceedings of the Board or a the sheriff is not under the supervision of the policy statement by the Board. Resolutions are Board, and the Board may not investigate the often used when specific findings are made by the sheriff in connection with such duties. The Board of Supervisors. assessor is also under state control in many respects, but not to the same degree as are the A board order is usually a directive from the Board district attorney and sheriff. of Supervisors to its subordinate county officers. An ordinance is a local law adopted with all the legal formality of a statute. The California

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Constitution allows a county or city to make and There are different types of fees (or "rates" as enforce within its limits all local, police, sanitary, they may be called in connection with some utility and other ordinances and regulations that do not services). Examples of a "user fee" include the cost conflict with the state's own general laws. Most of admission to a public campground or the legislative acts, including using the police power, charge for obtaining a copy of a birth certificate. are adopted by ordinance. There are, however, "Property-related fees" include charges for numerous exceptions and specific state laws residential water or sewer service, which are sometimes indicate whether the action requires imposed upon a parcel or person as an incident of an ordinance or resolution. property ownership. Local governments impose "exactions and mitigation fees" – for example, California Government Code Section 25120 et seq. park land dedications under the Quimby Act – as a specifies the form, content, and adoption process condition of property development to for county ordinances. For example, there are compensate for the impacts of new development. urgency ordinances (i.e., those required for the immediate preservation of the public peace, Table 1 identifies the various taxing authorities for health, or safety) and ordinances which are counties. statutorily required to have a noticed public As provided by Proposition 26 (2010), which hearing in order to be adopted (e.g., land use applies prospectively to new local ordinances, zoning or new fees). Article XIIIC of the California Constitution now defines any levy, charge, or exaction of any kind County Revenue Authority Boards of Supervisors imposed by a local government as a tax, unless it can raise local revenue by imposing or increasing a fits into one of seven categories of exceptions: tax, an assessment, or a fee. Each of these local 1. A charge imposed for a specific benefit revenue sources has its own constitutional and conferred or privilege granted directly to the statutory authority and unique laws governing its payor that is not provided to those not use. A county can only impose those taxes, charged, and which does not exceed the assessments, and fees which the Legislature or the reasonable costs of conferring the benefit or Constitution allow the county to impose and granting the privilege. which are approved by either a simple or two- thirds majority of local voters per Propositions 13 2. A charge imposed for a specific government and 62, or an election under Proposition 218. service or product provided directly to the payor that is not provided to those not There are important differences between taxes, charged, and which does not exceed the assessments, and fees. Historically, a tax is an reasonable costs of providing the service or involuntary levy on individuals (including product. companies). Tax revenues can fund public facilities 3. A charge imposed for the reasonable or services regardless of whether the taxpayer regulatory costs to a local government for actually uses those facilities or services. The rate issuing licenses and permits, performing of the tax does not need to reflect, in any way, the investigations, inspections, and audits, and benefit that accrues to the individual taxpayer. enforcing agricultural marketing orders, Proposition 26 (2010) expanded California's including administrative enforcement and established definition of a tax. adjudication costs. By contrast, an assessment is an involuntary 4. A charge imposed for entrance to or use of charge on real property, or on businesses, which local government property, or the purchase, must be levied in proportion to the benefit that rental, or lease of local government property. each parcel or business receives from the 5. A fine, penalty, or other monetary charge improvements or services funded by the imposed by the judicial branch of government assessment.

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or a local government, as a result of a decisions and tax issues (i.e., may sit as violation of law. assessment appeals board to decide questions 6. A charge imposed as a condition of property regarding the value of property). development. 4. Other Roles – Intergovernmental Relations 7. Assessments and property-related fees A county supervisor may serve in other capacities imposed in accordance with the provisions of on various boards, commissions, or special Article XIIID of the California Constitution. districts. After the California Supreme Court ruled in State statute authorizes, and in some cases Guardino (12/95), a Board of Supervisors may not mandates, various services or functions be carried impose new taxes without a vote of the people. out by entities other than the Board of Subject to a vote, a Board may impose a utility Supervisors. These entities, in addition to users tax, a business license tax, and a transient including locally elected officials, seek public occupancy tax (hotel or bed tax). If the proceeds participation and technical expertise: from these taxes are designated for general purposes, majority voter approval is required. If ♦ Council of Government (COG) the tax proceeds are restricted to special ♦ Local Agency Formation Commission (LAFCo) purposes, two-thirds voter approval is required. ♦ Special District The Board has authority to impose these taxes ♦ Air Quality Management District (AQMD) only within the unincorporated area. Proposition 218, passed in November, 1996, applies additional ♦ Airport Land Use Commission (ALUC) constraints to county taxing authority, as well as ♦ Metropolitan Planning Organization (MPO) fees and assessments. ♦ Joint Powers Authority (JPA) If a Board of Supervisors decides to impose or The roles and functions of these entities primarily increase a specific tax, assessment, or fee, it must relate to planning for future development and the follow proper notice and hearing requirements. associated service needs (e.g., water, sewer) and There are different posting and disclosure impacts (e.g., air quality, airport safety). Board requirements for each of these types of local members serving on one of these entities may revenue sources. The Board asks both the clerk of find themselves making decisions on a variety of the Board and the county counsel at the beginning issues from regional planning to establishing of the process to ensure that it follows all public spheres of influence for new cities or special hearing and disclosure requirements. districts within the county.

3. Quasi-Judicial Role Joint Powers Agreement/Joint Powers Agency- In its quasi-judicial role, the Board of Supervisors Authority A Board of Supervisors may establish a may settle claims made against the county and joint powers agreement and/or joint powers may examine and audit the accounts of all county agency with another public agency. officers as they relate to the management and A joint powers agreement (JPA) is created where disbursement of funds. The latter authority may two or more local governments enter into a be exercised with a subpoena to the county officer cooperative agreement to provide any service to bring all requested files to the Board. The Board which either of them could provide on their own. may delegate the subpoena power to a committee A joint powers agreement involves mutually of its own members, but pursuant to state law, agreeing to specific conditions and terms which the Board may not otherwise delegate that may limit each agency's ability to act power. independently, but it does not alter the basic The Board of Supervisors also sits as a quasi- structure of each agency's decision-making judicial body in the case of appeals of land use processes. Local government JPA's are fairly

County Supervisors Resource Guide 2-5 County Government in California common; a sheriff's department may provide ♦ To investigate all branches of county, city and police services to a city, or a county and a city may special district governments to ensure they form a JPA to jointly run an emergency are being run in an efficient and honest dispatching center. manner, in the best interest of citizens it serves. Reports may be issued anytime during A joint powers agency takes the concept of the year. agreement and cooperation to a new level. Under California Government Code Section 6500, ♦ To investigate and report on the operational counties, cities, special districts, and other public and financial aspects of all offices within its agencies – including state, federal and tribal jurisdiction, including an audit. This governments – are allowed to enter into authorization extends to any incorporated city agreements which create new and distinct or joint powers agency. The grand jury may authorities. The new authorities have a separate also report on county officials' records and operating board of directors which has the powers accounts as ex-officio officers of any district. inherent in all of the participating agencies. ♦ To investigate, at its option, any case of an inmate in the county jail on a criminal charge The powers of the authority can be general or and not indicted. To investigate the condition specific, the term of the authority must be and management of detention facilities within established, and other administrative decisions its jurisdiction. must be made (e.g., how the board meets and conducts its business). For example, two parties ♦ To investigate the willful or corrupt may agree to create a joint transit authority, misconduct of public officers within its where both parties contribute the necessary jurisdiction. resources and the capital assets. Personnel may ♦ To investigate all sales and transfers of land become employees of the new authority, and with and matters of land ownership. a new operating board, policies may be ♦ To address the need for salary increases or independently set to create transportation decreases for county elected officials. services for both jurisdictions. County Civil Grand Jury The Civil Grand Jury, Responsibility of the Board of Supervisors: No when working in concert with the Board of later than 90 days after the report is submitted, Supervisors and the county executive, can prove the Board of Supervisors must comment to the to be a valuable tool to audit county programs and presiding judge of the Superior Court on the provide constructive recommendations for the findings and recommendations. An elected official improved operation of local government. or agency head with responsibility pertaining to an area addressed in the report shall respond in Basically, the Civil Grand Jury in California serves writing to the presiding judge, with a copy sent to two basic purposes: "(1) to weigh the allegations the Board of Supervisors within 60 days. The of misconduct against public officials and subject of the grand jury report must respond to determine whether to present formal accusations the findings in the following ways: requesting their removal from office; and (2) to act ♦ The respondent agrees with the finding. as the public's watchdog by investigating and reporting upon the affairs of local government. Of ♦ The respondent disagrees wholly or partially these functions, the watchdog role is by far the with the finding, in which case the response one most often played by the modern grand jury in shall specify the portion of the finding that is California." (McClatchy Newspapers v. Superior disputed and shall include an explanation of Court (1988) 44 Cal.3d 1162, 1170.) the reason(s). ♦ The respondent is taking the following Statutory authority of the grand jury: action(s) to address the findings and recommendations of the grand jury report.

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Police Powers of the County In the 1925 California Supreme Court decision in Miller v. Board of Public Works, 195 Cal.477, 485, Police power is the authority conferred upon the 234 Pac. 381 the court described an expanded states by the Tenth Amendment to the U.S. definition of the "police power": Constitution and which the states delegate to their cities and counties to enact measures to "In its inception the police power was closely preserve and protect the safety, health, Welfare, concerned with the preservation of the public and morals of the community. peace, safety, morals and health without specific regard for 'the general welfare.' The increasing Police power describes the basic right of complexity of our civilization and institutions later governments to make laws and regulations for the gave rise to cases wherein the promotion of the benefit of their communities. Under the system of public welfare was held by the courts to be a government in the United States, only states have legitimate object for the exercise of the police the right to make laws based on their police power. As our civic life has developed so has the power. The lawmaking power of the federal definition of the 'public welfare' until it has been government is limited to the specific grants of held to embrace regulations 'to promote the power found in the Constitution. economic welfare, public convenience and general The right of states to make laws governing safety, prosperity of the community." health, welfare, and morals is derived from the The police powers are a power of State (and its Tenth Amendment, which states, "The powers not County and municipal manifestations.) In U.S. v. delegated to the United States by the Knight Co., 156 U.S. 11, the Court declared: Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the "It cannot be denied that the power of the state to people." State legislatures exercise their police protect the lives, health and property of its citizens power by enacting statutes, and they also and to preserve good order and the public morals, delegate much of their police power to counties, the power to govern men and things within the cities, towns, villages, and large boroughs within limits of its dominion, is a power originally and the state. always belonging to the state, not surrendered to the general [federal] Government, nor directly Police power does not specifically refer to the restrained by the Constitution of the United States, right of state and local governments to create and essentially exclusive." police forces, although the police power does include that right. Police power is also used as the ARTICLE 11 of the California constitution entitled basis for enacting a variety of substantive laws in “Local Government,” SEC. 1. declares that: such areas as zoning, land use, fire and building (a) “The State is divided into counties which are codes, gambling, discrimination, parking, crime, legal subdivisions of the State...” licensing of professionals, liquor, motor vehicles, bicycles, nuisances, schooling, and sanitation. (b) “The Legislature shall provide for county powers..." As stated in Lawton v. Steele, 152 U.S. 133 (1894): SEC. 7. further declares: "The extent and limits of what is known as the 'police power' have been a fruitful subject of "A county or city may make and enforce within its discussion in the appellate courts of nearly every limits all local, police, sanitary, and other state in the Union. It is universally conceded to ordinances and regulations not in conflict with include everything essential to the public safety, general laws." health, and morals, and to justify the destruction or abatement, by summary proceedings, of whatever may be regarded as a public nuisance…”

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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 The first session of the California Legislature into 27 counties. Over the next 57 years, the was held from Dec. 15, 1849 to April 22, 1850, state's territory was further subdivided and at the City of Pueblo de San Jose. Based, in part, county boundaries were changed to create the on further recommendations from General names and places we recognize today. 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, Nine more counties were added to the proposal Friendship, Limits, and Settlement between the – Branciforte, Calaveras, Coloma, Colusi, Marin, United States of America and the Mexican Mendocino, Napa, Trinity, and Yuba – bringing Republic" was signed on Feb. 2, 1848. The treaty the total number of original counties to 27. ended the Mexican War and placed California 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

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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

2-10 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 Offices and Responsibilities

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

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 2-21 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

2-22 County Supervisors Resource Guide County Government in California 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 2-23 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 COOPERATIVE EXTENSION accounting officer of the county. The Auditor- Controller establishes the accounting policies Cooperative Extension provides a link between and procedures for county government. In the University of California and all 58 California addition, this position may serve as the chief counties. Cooperative Extension is supported accounting officer for some or all of the special through a funding partnership of federal, state, districts located within the county. Specifically, and county governments, as well as private this position is responsible for budget control, contributions. Cooperative Extension programs issuing warrants (checks) for payments, focus on agricultural productivity and recording receipts of revenues, payroll, technology, rural-urban interface issues, youth accounting for assets and liabilities such as fixed and consumer-oriented programs, nutrition assets, accounts receivable/payable, long-term education for low-income households, and the debt, and preparation of the county’s financial special needs of small farmers. statements. Each local Cooperative Extension Office is In the area of auditing, an Auditor-Controller managed by a county director/advisor may have an audit staff to perform audits of the designated by the University of California (UC), functions of the county depending on the size and is assisted by county-paid support staff. In of the county. However, the Auditor-Controller order to make the best use of dwindling is responsible for ensuring that certain resources, some counties share resources such mandatory audits are performed periodically by as professional staff, support staff and office either internal staff or contracted certified space, although all California residents have public accountants. The following departments access to Cooperative Extension services are subject to mandatory audits: special through the network of advisors and staff. Each districts, county treasury, probation, child county director reports to one of Cooperative development, tax collector, retirement, and Extension’s four regional directors. joint power agencies. For non-mandated audits, some counties have audit committees Office Responsibilities that determine which agencies will be audited. Although specific focus and program efforts In other counties, the Board may meet with the vary, the goal of county-based advisors is to Auditor-Controller to establish audit policy or respond to local needs for agriculture, natural an annual schedule of audits. The Board of resources, and human resource information. Supervisors, pursuant to the Government Code, These advisors, working at both local and arranges for the independent audits of the regional levels, are responsible for planning and county’s financial statement prepared by the conducting programs that bring scientifically- Auditor-Controller. based information for solving problems to California communities.

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Cooperative Extension offices train Clerk of the Board of Supervisors - Provides paraprofessionals and volunteers. The offices overall support to the Board, including also bring local research needs to the attention processing and maintaining all Board records of UC research programs through Cooperative and agendas; preparing and monitoring the Extension specialists, who are members of Board budget; attending and taking minutes at academic departments on three UC campuses - all sessions of the Board and its affiliated Berkeley, Davis, and Riverside. County advisors agencies; and, in some counties, providing and campus specialists are part of UC’s Division clerical and secretarial support to the Board, of Agriculture and Natural Resources. and staff support to the Assessment Appeals Board. COUNTY CLERK Recorder - Files and maintains public The County Clerks, except in several large documents associated with land transactions, counties where they are appointed, are including sale, lien, purchase, and easement; nonpartisan, countywide elected officials files and maintains documents associated with serving four-year terms. Due to the complexity vital statistics, including births, deaths, and of the arrangements in each of the 58 counties regular marriages (as opposed to confidential in California, the County Clerk may also assume marriages); and maintains a cumulative record a variety of other duties and its office may be of all official documents for the county. consolidated with other separate, independently elected countywide offices such COUNTY COUNSEL as the tax collector-treasurer, auditor, assessor, The County Counsel is the chief civil attorney of or public guardian. the county, providing legal services to the Board Depending on the county organization, the of Supervisors, county and court officials and, County Clerk may also be the Registrar of when appropriate, to other governmental Voters (see Elections), Recorder, and/or Clerk of agencies and districts. The County Counsel is a the Board of Supervisors. In some counties, statutory officer appointed by the Board of each office is independent and the Clerk, Supervisors, serving four-year terms in general Registrar, or Recorder may be either elected or law counties. appointed by the Board of Supervisors, depending on the provisions of state law or the Office Responsibilities respective county charter. Many of the duties of the County Counsel are prescribed by state law. Counsel provides legal Office Responsibilities services to the county and under certain County Clerk - Provides a variety of direct public circumstances to other local public entities. services, such as issuing marriage licenses; Such services include attendance at Board of registering confidential marriages; filing Supervisors meetings, giving legal opinions and fictitious business name statements; filing and advice, and preparation of contracts, personnel qualifying notary public oaths and bonds; matters, ordinances and resolutions. processing passport applications; posting The County Counsel in most counties defends or environmental documents; registering process prosecutes all civil actions and proceedings in servers; administering and filing oaths of office; which the county or any of its officers is filing grand jury reports; and filing, indexing, concerned or is a party in an official capacity. In and maintaining a variety of miscellaneous some counties, the County Counsel handles public documents. The County Clerk is the most of the civil litigation involving the county Commissioner of Civil Marriages and may or its officers, while in others the Board of perform civil marriage ceremonies. Supervisors hires private attorneys to do some

County Supervisors Resource Guide 2-25 County Government in California

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 enforcement responsibilities in the areas of The County Counsels’ Association of California is consumer and environmental protection and a nonprofit corporation dedicated to providing official misconduct. The Board of Supervisors’ continuing legal education to its members in authority over the District Attorney is limited to the field of governmental law, improving law the appropriation of the office’s budget which affecting local agencies and fostering and does not include operational or programmatic maintaining the highest ethical and professional control over the office. standards of all persons engaged in local government. All County Counsels and their Office Responsibilities attorney assistants and deputies are members. Although there are some variations between The Association conducts numerous continuing counties, most District Attorneys perform the education conferences for its members in all following responsibilities: areas of law practiced by county counsels and promptly circulates information on current legal Court Operations: Prosecutes all misdemeanors issues to the membership by means of and felonies before the state’s trial courts. This electronic communications. Such sharing of responsibility involves all aspects of criminal information helps to prevent duplication of prosecution including, but not limited to, effort and conserve counties’ scarce resources. making charging decisions, presentation of preliminary hearings, conducting court and jury The County Counsels’ Association administers trials, handling motions, writs and appeals, and the CSAC-sponsored Litigation Coordination extraditions. Program. The Program is directed by the Association’s Litigation Overview Committee, Grand Jury: Presents evidence before the Grand consisting of county counsels from all areas of Jury for purposes of seeking an indictment and the state, in conjunction with a Litigation serves as a legal adviser to this body on both Coordinator who also serves as the criminal and civil matters. Association’s Executive Director. The Litigation Consumer and Environmental Protection: Program monitors cases of concern to counties Investigates and prosecutes civil and criminal statewide, coordinates the defense of major cases involving consumer fraud and harm to the multi-county litigation, provides amicus (friend environment. Consumer protection of the court) support where appropriate, and prosecutions include false advertising and disseminates current information on cases unlawful business practices. Environmental involving public law issues to counties in the violations include hazardous waste violations, form of litigation alerts and updates. oil spills, water pollution, and fish and game violations. DISTRICT ATTORNEY Official Misconduct: Investigates and The District Attorney is a constitutionally prosecutes cases of official misconduct elected county official and chief law involving violations of the Brown Act (Open enforcement officer who serves as the public Meeting Law) and the Fair Political Practices prosecutor on behalf of the People. Criminal Act. prosecution of public offenses is the principal responsibility of the public prosecutor. In this

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Welfare Fraud: Investigates and prosecutes campaign finance disclosure requirements. It cases in which public assistance has been maintains files of campaign committee financial obtained through fraudulent means. statements (itemized listings of candidates' and campaigns' contributions and expenditures), Parental Child Abduction: Investigates, and provides voter registration information and mediates, and prosecutes cases involving related campaign materials to candidates and parental abduction of children. campaigns. Investigation: Peace officer staff members provide initial investigation, trial preparation, ENVIRONMENTAL HEALTH and trial support for both civil and criminal prosecutions. Fifty-one of the 58 California counties have Environmental Health Departments or divisions. Administrative Services: Provides budget, Thirty-three of these departments are located purchasing, space planning, personnel services, within County Health Agencies, with the payroll, clerical support, and data services balance located in other agencies or as separate functions to the District Attorney. agencies. Four California cities (Berkeley, Long Beach, Pasadena, and Vernon) have ELECTIONS comprehensive Public Health Departments Counties are responsible for managing the which includes environmental health. The State elections within their jurisdiction, and serve as Department of Health Service’s Rural Health the Registrar of Voters. Depending on the Division’s Environmental Health Unit provides organization of the county, this responsibility environmental health services to 10 of the may be an independent office or housed within smaller counties. the County Clerk. In some counties this is an County environmental health programs are elected office; in others it is an appointed intended to protect the health, safety, and well- official. being of the public and preserve and improve the quality of the environment. Legal authority Office Responsibilities for these programs is contained principally in Registrar of Voters - Registers all voters in the the California Health and Safety Code; Public county and maintains the voter files; verifies Resources Code, California Code of Regulations petitions; files campaign statements, with the Title 14, Title 17, Title 22, Title 23 and local exception of city elections, which are conducted ordinances and regulations. by the city clerk; conducts all elections in the county (i.e., federal, state, county, school, and Office Responsibilities special district elections); and contracts with The majority of counties provide some cities to conduct their elections. Cities, comprehensive environmental health services schools, and special districts pay for the costs of within a single agency. their elections; county, state, and federal There are twelve core programs within the elections are paid for by the county. Many broader responsibilities of local Environmental elections offices provide a variety of on-line Health Departments. registration and verification services for voters. These programs are: Election-Related Duties - Procure all polling places and recruit all poll workers. Of course the ♦ Food Sanitation and Consumer Protection - office is responsible for counting all ballots, Retail and consumer protection; Sherman certifying elections and posting results. Food, Drug, and Cosmetic Law; water vending machines; milk product plan The office provides information to candidates inspection; and food facility plan check and regarding the nomination process and construction.

County Supervisors Resource Guide 2-27 County Government in California

♦ Housing and Institutions - Employee unincorporated area or reside within city limits. housing, substandard housing, In other words, the county Health Department motels/hotels, detention facilities, is also the cities’ Health Department. organized camps, and mobile home camps. The County Health agency or department is ♦ Recreational Health - Lakes, streams, and usually administered by a director who is beaches; public swimming pools and spas; appointed by either the County Administrative and public pool plan check and Officer (CAO) and/or the Board of Supervisors construction. and is responsible to them for all health-related ♦ Water Quality - Small water system issues. The Board also appoints a public health regulations, private well construction, and officer (physician) who serves as the chief cross connection control. medical officer for the county on public health issues. The type of organizational structure and ♦ Land Use - Vector control, CEQA review. programs offered vary from county to county. ♦ Solid Waste Local enforcement agency - For This is one of the most complex and diverse the regulation of the operation of landfills areas of county government and one which and the permitting of new and existing affects every county resident. landfills. ♦ Liquid Waste - On-site sewage, graywater, Office Responsibilities and bio-solid application to land. Alcohol-Drug - Assures substance abuse ♦ Hazardous Materials-Waste - Certified services are available to the public through a Unified Program Agencies (CUPA) for network of publicly operated and/or privately Proposition 65 reporting, business plans for contracted providers. Services typically include hazardous materials storage, hazardous inpatient and outpatient care, residential waste generators, hazardous waste recovery, detoxification, information, management plans and response. education, prevention, and early intervention. ♦ Household Hazardous Waste - Permanent County Medical Services Program (CMSP) - facilities and temporary events for the safe Established in 1982 to provide medical and disposal of hazardous waste generated by dental care to medically indigent adults (MIAs) households. aged 21-64 who are of marginal income and ♦ Medical Waste who are not eligible for the State’s Medi-Cal Program. The CMSP Governing Board is ♦ Underground Storage Tanks comprised of county supervisors, ♦ Groundwater and Soil Clean-up administrators, health officials, and welfare The environmental health departments are directors. Thirty-four small rural counties supported by the California Conference of currently participate in the CMSP: Alpine, Directors of Environmental Health (CCDEH), an Amador, Butte, Calaveras, Colusa, Del Norte, El affiliate of CSAC. Dorado, Glenn, Humboldt, Imperial, Inyo, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Modoc, Mono, Napa, Nevada, HEALTH SERVICES Plumas, San Benito, Shasta, Sierra, Siskiyou, In California, counties have been providing Solano, Sonoma, Sutter, Tehama, Trinity, health care services for over 150 years. With Tuolumne, and Yuba. the exception of local Health Departments Environmental Health - Provides all health- operated by the cities of Berkeley, Long Beach, related approvals and permits relating to land and Pasadena, counties provide a wide variety development (e.g. well water, septic, and land of health services to all residents of the county, use), consumer protection (food facility regardless of whether they reside in the inspections/permits, public pools, small water

2-28 County Supervisors Resource Guide County Government in California 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 services; and vital statistics registration Emergency Medical Services (EMS) - If involving birth/death certificates and burial designated as the local EMS agency, permits. Normally a public health laboratory is responsibilities involve ambulance permitting on-site to perform tests for rabies, water, food, and monitoring, Emergency Medical Technician lyme disease, parasites, bacteria, and certification, emergency medical dispatch microorganisms. Public health departments are approvals, and disaster planning. also very involved with bioterrorism prevention Hospitals - In 2010, 13 counties owned and and preparedness efforts. operated 17 county hospitals that serve as safety net providers of last resort to any person PERSONNEL – HUMAN seeking medical care. Some of these hospitals are full service teaching hospitals affiliated with RESOURCES university medical schools. Services vary from The Personnel Department is responsible for hospital to hospital but generally include various human resource programs which medical, surgical, emergency, trauma, provide employment-related information and outpatient, and a wide variety of specialty services. In some counties, these programs may services. be assigned to other staff departments or to Indigent Medical Care - Provides medical care some degree may be delegated to line to indigent persons in a variety of ways departments. Twenty-eight counties have including operating a county hospital and/or approved local merit systems and the remaining primary care clinics, or using a wide variety of counties have locally developed personnel contracts with private healthcare providers to systems which otherwise observe various state fulfill their responsibilities. and federal laws and regulations. The Personnel Department is headed by a director Mental Health - Provides a wide range of who may be appointed by the Board of behavioral and psychiatric services to the public Supervisors, by the CAO, by a civil service either directly or by contract with providers. commission, or by an agency director and is Services typically include acute inpatient care assisted by necessary administrative and for Welfare and Institutions Code Section 5150 support staff. persons (danger to themselves, others, or are gravely disabled), State Mental Hospital Office Responsibilities placements, long-term care in institutes for Position Classification - A classification plan is mental disease, local crisis services, day maintained by the Personnel Department. All treatment, outpatient care, and operation of a positions are assigned to job classifications conditional release program for Penal Code which are periodically updated to ensure the offenders. Since October 1, 1994, county titles, description of duties, description of mental health programs have provided relationship to other classes, and employment managed care for persons eligible for Medi-Cal, criteria are current. This plan serves as a guide California’s Medicaid program. for various employment decisions including Public Health - Services include prevention, testing and recruitment criteria, budget and early intervention, education, and treatment organization decisions, employee career through a wide range of specific programs and

County Supervisors Resource Guide 2-29 County Government in California

development, and development of bargaining and modified based upon recommendations units. from Personnel Department staff. The staff also represents the Board of Supervisors in formal Testing-Recruitment-Certification - An collective bargaining sessions with represented examination system based upon job-related employees and in consultation sessions with criteria is designed and conducted by the unrepresented employees. Personnel Department staff. Recruitment efforts designed to attract qualified applicants Training - A countywide training program may and meet the county affirmative action plan be conducted by Personnel Department staff. requirements are also conducted by the Such training may include subjects related to Personnel Department. Persons found eligible personnel development including new for employment are certified to vacancies based employee orientation, supervisory training, upon county personnel rules. affirmative action related training, and career development skills. Employee Records - A central personnel file system is maintained by Personnel Department Risk Management - Some or all risk staff. Included in each file are various management functions may be assigned to the documents related to pre-employment, Personnel Department including health and employment, changes in employment status, welfare benefit administration, safety, Workers’ evaluations, training, and payroll. Compensation, Unemployment Insurance, State Disability Insurance, and liability. Affirmative Action - A countywide affirmative action plan may be developed, maintained, and updated by Personnel Department staff. PLANNING Employee Due Process - Public agencies have The state’s Planning and Zoning Law requires disciplinary policies and procedures which that each county establish a Planning Agency to conform with federal, state and local mandates carry out specified planning functions. The to provide employees, including civil service and agency functions may be delegated to a non-civil service employees, with “due process” department, one or more planning should their property interest in employment commissions, administrative bodies or hearing be challenged (discipline). The Personnel officers, the legislative body itself, or any Department, usually in conjunction with the combination thereof. Recognizing the diversity County Counsel, provide managers and among county planning operations, “Planning supervisors with guidance and training on Agency” is a generic term that applies to progressive discipline procedures and pre- whichever body performs the designated discipline notification safeguards to assure “due planning functions. process.” All but one county (Kern) have established Salary Plan - The salary plan consists of salaries Planning Commissions consisting of members or salary ranges assigned to county classes and who are appointed by the Board of Supervisors. the procedures to determine circumstances These commissions report directly to the Board under which salary progression may occur. The and make recommendations regarding salary plan is periodically changed due, in part, important land use decisions. The legislative to results of market plan surveys or other salary body (i.e., Board of Supervisors) retains the indicators and collective bargaining for many ultimate authority on all land use decisions. employee classes. The Planning Department of a county provides staff support to both the Planning Commission Employee Relations - Units of employee and the Board of Supervisors, advising them on representation based upon criteria found in a important issues facing them in relation to land county employee relations policy are developed use decisions.

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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 plans, as well as annual review of capital Probation Department is set out in Welfare and improvement programs for consistency with the Institutions Code Section 270. The duties are general plan. The Planning Department must varied and numerous. Specific mandated also promote public coordination of the plan services are found throughout the Codes, with public agencies. Another important role is including: Code of Civil Procedure, Education consulting and advising with public officials and Code, Family Code, Government Code, Health agencies, utilities, civic groups, educational and and Safety Code, Penal Code, and Welfare and professional organizations, and citizens Institutions Code. concerning implementation of the general plan. The Probation Department is administered by Planning departments serve a very important the Chief Probation Officer who is appointed, purpose in reviewing applications for proposed depending on the county charter, either by the development. Staff must advise planning Board of Supervisors or by the Presiding Judge commissions and elected officials of various of the Superior Court. The primary staff of the implications of such development including Probation Department are probation officers whether the proposed project is consistent with and institutional counselors who are sworn the applicable general plan or an amendment peace officers (Penal Code Section 830.5) with must be sought. Further, Planning Agencies the powers of arrest, search, and seizure. must follow the California Environmental Probation Officers are required to have 200 Quality Act (CEQA) as an integral part of the hours of comprehensive training prior to planning process. This act requires that assuming their duties and 40 hours each year potential impacts of government agencies’ thereafter. This training is certified and paid for actions, including approval of private sector by the Standards and Training for Corrections projects, be disclosed, comprehended, and Program of the State Board of Corrections. mitigated by the agency before they act. Planning Agencies often perform other Office Responsibilities functions, including conducting studies and The Probation Department performs the preparing plans for the county. Some counties following functions: combine other governmental functions with the ♦ Investigates offender’s backgrounds planning agency: public works, building ♦ Makes sentencing recommendations to the departments, redevelopment agencies, code court enforcement, transportation planning, parks, economic development, LAFCo, COG, and solid ♦ Enforces court orders waste management authority. ♦ Supervises sentenced offenders ♦ Provides corrections and prevention PROBATION programs Each of California’s 58 counties has a Probation ♦ Operates custody facilities for detained and Department; San Francisco City and County has adjudicated juvenile offenders and, in some two -- one for adults and a separate one for counties, sentenced adult offenders as well juveniles. The Probation Department, like the ♦ Administers various juvenile justice sheriff’s department, district attorney’s office, prevention and intervention programs public defender’s office, and courts, is a key

County Supervisors Resource Guide 2-31 County Government in California

The Probation Department also recommends ♦ Directs the appeal of those cases in which and collects restitution, oversees community an appeal might reasonably be expected service, and provides oversight of criminal diversion programs. PUBLIC GUARDIAN – PUBLIC DEFENDER CONSERVATOR– ADMINISTRATOR The Public Defender’s Office is responsible for providing legal defense (at all stages of the The Public Guardian-Conservator-Administrator proceedings) for any person who is not provides mandated conservatorship and estate financially able to employ counsel and who is administration services as specified by the charged with any contempt or offense triable in Probate Code and Welfare and Institution’s the superior court. The Public Defender, Code. The organization of these services varies appointed by the Board of Supervisors, carries among counties. The Public Guardian, Public out the office responsibilities with the Conservator, and/or Public Administrator is assistance of deputy counsels and other personally responsible for these functions, support staff. which are delegated within the department. The services of the Public Guardian may be Office Responsibilities provided through a separate county In addition to those major functions, the Public department, an elected official, or incorporated Defender: into a larger department such as health or ♦ Formulates departmental policy, directs its human services. Public Conservator services execution, and evaluates work are oftentimes provided by the Public Guardian, accomplished but the responsibilities may be shared with ♦ Directs deputies’ representation of mental health departments. The Public defendants who are unable to employ Administrator may be an elected official, a counsel in preliminary hearings, as well as separate department, or housed within another misdemeanor and felony trials; minors county department such as sheriff-coroner, whose parents are unwilling or financially treasurer, or public guardian-conservator. unable to obtain counsel in juvenile court proceedings; and persons who are unable Office Responsibilities to employ counsel in mental health and The Public Guardian-Conservator serves as conservatorship proceedings that may conservator of a person and/or estate of result in incarceration or detention individuals needing protective intervention. The two types of conservatorship, Lanterman- ♦ Assists the courts in obtaining Petris-Short (LPS) and probate, can only be reimbursement from defendants, and from established by order of the superior court. parents or guardians of minors represented, for all or a portion of the Public Defender’s As probate conservator, Public Guardians are cost of counsel involved in all aspects of their clients’ lives, ♦ Directs the defense of persons unable to including financial management, housing, employ counsel in any civil litigation, if in medical care, placement, and advocacy. the judgment of the Public Defender, the As LPS conservator, Public Conservators are person is being persecuted or unjustly responsible for directing the mental health harassed treatment and placement of their clients. ♦ Directs field investigations to locate Referrals for probate conservatorship usually witnesses and obtain information for legal come from another community agency, staff institution, or physician. Referrals for LPS

2-32 County Supervisors Resource Guide County Government in California conservatorship can only come from a ♦ Administering, operating, and maintaining psychiatrist who is affiliated with a Short-Doyle special districts that provide water, sanitary hospital. sewer, storm drainage, and street lighting The Public Administrator is responsible for services administering the estate of a county resident ♦ Administering and maintaining flood control who dies without a will or family in California. district zones consisting of project levees Estate administration may include marshaling and channels all assets, selling real or personal property, ♦ Maintaining equipment for other county performing heir searches, and overseeing the departments distribution of the estate. The activities are In addition, the Public Works Department may supervised by the superior court. The Public administer and operate a solid waste Administrator may also supervise the county’s management program which includes indigent burial program. collections, licensing, and planning. PUBLIC WORKS The county surveyor’s office, responsible for processing all official maps, is often housed The Public Works Department is responsible for within the Public Works Department. planning, designing, constructing, operating, Furthermore, the departments also acquire and and maintaining the county’s infrastructure: dispose of real property related to the public roads, transportation systems, bridges, construction of county public works water, wastewater, drainage, and solid waste improvement, review private development disposal systems. In some counties, airports, projects, and prepare master plans for future general services, and parks and recreation construction. facilities are also housed in the Public Works department. Typically, the department is administered by the Director of Public Works, SHERIFF-CORNER who is appointed by the Board of Supervisors, The Sheriff has three primary duties: keep the and is assisted by necessary administrative and peace (e.g., make arrests); attend the courts; support staff. The Director may also serve as and operate the county jail. All 58 counties in the County Engineer, or a licensed engineer in California have a Sheriff’s Department and 49 of the department may hold that title. those counties also provide for the Sheriff to assume the duties of the Coroner. The Sheriff is Office Responsibilities a constitutionally elected official. The Coroner, The types of activities and level of involvement in those counties where the Sheriff does not by the Public Works Department may vary from assume both roles, is responsible for inquiring county to county. However, the specific work into and determining the circumstance, engaged in by this department may include, but manner, and cause of all violent, sudden, or not be limited to, the following: unusual deaths. Some counties have ♦ Maintaining the county’s network of independently elected Coroners and others underground facilities (sewer and domestic have appointed Coroners, or Medical Examiners water) and storm drainage pipeline, who perform the duties of the Coroner. The roadways, bridges, and other minor Sheriff may also provide court services. structures Office Responsibilities ♦ Developing and delivering a countywide The Sheriff’s Department typically has six coordinated transportation program which functional operations: includes bus and passenger rail services

County Supervisors Resource Guide 2-33 County Government in California

Patrol - Besides patrol cars, may include boat or protection for children and adults who have air patrol; answer calls for service; conduct been abused or neglected; and in-home investigations; detect and prevent crimes; and supportive services for vulnerable children and make arrests. adults. Some county Social Services Agencies also oversee center-based and home-delivered Detention - Operation of the jail and work meals for seniors and/or workforce programs camps; booking and release of inmates. that provide education, training, and job Civil - Receive and serve civil papers, such as placement services. The specific responsibilities summons, complaints, subpoenas, and orders of the Social Services Agency will vary by of the court. county. The Agency is administered by a Court Services - Provide inmate transportation director, who is appointed by the County and bailiff duties in the court; provide Administrative Officer or the Board of courthouse security. Supervisors, and a variety of management and specially trained support staff. Records - Maintain records, warrants, and criminal history information. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Coroner - See full description below. dramatically changed the way welfare services The Coroner’s Office typically has three are delivered nationally and in the state. The functional operations: new program, “Temporary Assistance for Needy Families” (TANF), replaced the former Medical - Conduct autopsies to determine entitlement program, “Aid to Families with cause of death in those cases which fall within Dependent Children” (AFDC). California’s TANF its jurisdiction; transport and remove bodies; program is called CalWORKs. verify cause of death and sign death certificates; appear at all unattended deaths Highlights of CalWORKs include the following: unless the deceased has been seen by a ♦ The CalWORKs program includes temporary physician within a specified period of time. financial assistance and employment services. Administrative - Maintain all records; respond to inquiries by law enforcement agencies, ♦ The reforms allow for more flexibility in the doctors, and others with potential cases; design and implementation of services to provide proper custody and security of TANF recipients on a federal, state, and valuables; arrange sale of unclaimed property local level. (which may be done by the public guardian- ♦ In California there is a “safety net” that public administrator); locate families when protects children who will remain eligible necessary. for temporary assistance if their parents fail Investigative - Conduct investigations to to meet program requirements or become determine causes of death and/or to establish ineligible for aid due to expiration of their identity of deceased; conduct inquests. lifetime benefit.

Office Responsibilities SOCIAL SERVICES/HUMAN The Social Services Agency programs are SERVICES organized in seven major divisions (the types of programs and organization can vary by county): The Social Services Agency/Human Services- Department administers programs providing Income Maintenance - Through a network of cash assistance and welfare-to-work services, offices, phone-based service centers and health coverage, and food assistance to Internet applications, provides access to individuals and families; assessment and benefits from CalWORKs, CalFresh (formerly

2-34 County Supervisors Resource Guide County Government in California known as Food Stamps), child care and county- full description of Public Administrator-Public funded General Assistance programs. Guardian in this section.) Californians receiving CalWORKs and CalFresh Financial Management and Administration - access their benefits via an Electronic Benefit Develop and monitor the agency’s budget and Transfer (EBT) card called the Golden State administer all fiscal activities and support Advantage card. functions of the agency. Health Coverage – Through local offices, phone-based service centers and Internet TREASURER—TAX applications, administers eligibility for numerous health coverage programs, including COLLECTOR Medi-Cal and the new Advance Premium Tax The combined offices of Treasurer and Tax Credit coverage offered through the Affordable Collector exist in 56 of California’s 58 counties. Care Act. Imperial and Solano Counties maintain separate Family and Children’s Services - Responds to offices. With the exceptions of Los Angeles, allegations of abuse or neglect of children. Sacramento, and Santa Clara Counties, all Protects children and provides family Treasurer-Tax Collectors are nonpartisan preservation services when possible; shelters countywide elected officeholders serving four- children in the children’s shelter, foster or year terms. group homes when it is not safe for them to Office Responsibilities remain with their families; and creates new The Tax Collector’s role in most counties is to families through adoption and guardianship. administer the billing, collection, and reporting Aging and Adult Services - Responds to of property tax revenues levied annually allegations of abuse, neglect, or exploitation of throughout California for the county, its cities, elderly and dependent adults. Coordinates the schools, and special districts. The Tax Collector delivery of in-home supportive services to operates under provisions of the State children and adults with disabilities which Constitution and statutes principally codified in requires assistance with the activities of daily the Revenue and Taxation Code. After five life. In collaboration with the State Department years, real property tax delinquencies result in of Aging, some county Social Services Agencies Tax Defaulted Property Sales conducted by the administer a senior nutrition program to Tax Collector. provide congregate site and home-delivered The Treasurer serves as the depository for all meals. Some agencies help military veterans funds belonging to the county, schools, and and their relatives obtain veterans’ benefits. other special districts within each county. Employment and Training - Congress passed Operating primarily under the Government the Workforce Investments Act of 1998. Some Code, the Treasurer receives, deposits, and counties house these programs in their Social manages investments for over $70 billion Services Agency. generated from taxes, fees, grants, and bond Public Administrator-Public Guardian - proceeds. In addition, the Treasurer is often Administers personal/financial management for the principal in the issuance of county debt people who cannot care for themselves because obligations that support a variety of of serious physical or mental incapacity. construction projects and other county Protects clients’ assets from exploitation and financing needs. Treasurers also sit as ex-officio administers estates of people who die without members of the retirement boards for the 20 leaving a will. Some counties house these counties participating in the 1937 County programs in their Social Services Agency. (See Retirement Act.

County Supervisors Resource Guide 2-35 County Government in California

The Treasurer-Tax Collector’s office can and measuring devices to ensure their research property tax-related questions, correctness. This provides for uniform provide investment and cash flow information, standards of weight and measure when the assist in developing financing options for county price of goods depends on the accuracy of projects, and provide general banking services these devices. Most devices, including retail for county departments and affiliated agencies. scales and meters, are generally tested yearly. In addition, many Boards of Supervisors have The quantity control program controls the established debt advisory or finance accurate reproduction of quantity standards subcommittees where the Treasurer-Tax and price extension in commercial transactions Collector may be a participating member. and provides for informative labeling of identity, quantity, and responsibility of WEIGHTS AND MEASURES packaged commodities. Quantity control The Weights and Measures Department is inspections including commodity quantity headed by the Director (Sealer) of Weights and verification, accurate price calculations, and Measures, who is appointed by the Board of advertised price correctness are performed at Supervisors and is responsible for the all establishments that conduct transactions administration and enforcement of all upon weight, measure, volume, time, or count. applicable laws and regulations related to The weighmaster inspection program protects weighing and measuring devices, quantity persons having a financial interest in control, and petroleum inspections. In many transactions which are required to be based counties the Sealer is located in the Agricultural upon a written statement of quantity. Commissioner’s office. Businesses that use heavy capacity scales such as moving companies or rock, sand, and gravel Office Responsibilities companies are generally weighmasters. The Director (Sealer) of Weights and Measures is responsible for the preservation and Petroleum inspection assures that petroleum maintenance of standards of measurement products meet the state safety and essential to value comparison for consumers performance quality standards. Some counties and fair competition for industry. This charge is maintain their own labs, but most counties implemented through device inspections, submit samples to the state for brand, purity, quantity control, weighmaster inspections, and and octane sampling. Within most counties, petroleum inspections. the Director (Sealer) of Weights and Measures is also the Agricultural Commissioner. The device inspection program protects both the buyer and seller by the testing of weighing

2-36 County Supervisors Resource Guide County Government in California

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

County Supervisors Resource Guide 2-37 County Government in California

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2-38 County Supervisors Resource Guide County Government in California

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 2-39 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. - Closed Session and reporting of Closed Session Rule 6. Motions During Meetings of the Board of Actions (if necessary). Supervisors (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

2-40 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 2-41 County Government in California

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2-42 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 2-43 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

2-44 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 2-45 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

2-46 County Supervisors Resource Guide REVENUES AND RESPONSIBILITIES- An Inventory of Local Tax Powers County Table 1: County Tax Authority

Purpose/Program Authority Agency Notes

Supervisors 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-

Resource 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 Guide 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 2-47 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 Table 1: County Tax Authority

2-48 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.) 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-

County 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,

Supervisors 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

Resource 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 Guide 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 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 Supervisors 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-

Resource 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. Guide 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 2-49 PUC= Public Utilities Code R&T =Revenue and Taxation Code S&H =Streets & Highways Code - 3 - County Government in California

www.csacinstitute.org

2-50 County Supervisors Resource Guide