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. 2-2 County Supervisors Resource Guide County Government in California 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.