Today's Law As Amended


PDF |Add To My Favorites | print page

SCA-12 Counties: governing body: county executive. (2017-2018)



As Amends the Law Today


First—

 That Section 4 of Article XI thereof is amended to read:

SEC. 4.
 County charters shall provide for:
(a) A  Except as otherwise provided in Section 4.5, a  governing body of 5 five  or more members, elected (1) by district or, (2) at large, or (3) at large, with a requirement that they  each member  reside in a district. Charter counties are subject to statutes  federal, state, and local laws  that relate to apportioning population of governing body districts.
(b) The  Except as otherwise provided in Section 4.5, the  compensation, terms, and removal of members of the governing body. If a county charter provides for the Legislature to prescribe the salary of the governing body, such  compensation shall be prescribed by the governing body by ordinance.
(c) An elected sheriff, an elected district attorney, an elected assessor, other officers, their election or appointment, compensation, terms and removal. terms, and removal, except as otherwise provided in Section 4.6. 
(d) The performance of functions required by statute.
(e) The powers and duties of governing bodies and all other county officers, and for consolidation and segregation of county officers, and for the manner of filling all vacancies occurring therein. in those offices. 
(f) The fixing and regulation by governing bodies, by ordinance, of the appointment and number of assistants, deputies, clerks, attachés, and other persons to be employed, and for the prescribing and regulating by such bodies of the powers, duties, qualifications, and compensation of such persons, the times at which, and terms for which they shall be appointed, and the manner of their appointment and removal.
(g) Whenever any county has framed and adopted a charter, and the same shall have been approved by the Legislature as herein provided, the general laws adopted by the Legislature in pursuance of Section 1(b) subdivision (b) of Section 1  of this article, shall, as to such county, be superseded by said charter as to matters for which, under this section it is competent to make provision in such charter, and for which provision is made therein, except as herein otherwise expressly provided.
(h) Charter counties shall have all the powers that are provided by this Constitution or by statute for counties.

Second—

 That Section 4.5 is added to Article XI thereof, to read:

SEC. 4.5.
 (a) Commencing January 1, 2022, in a county that is found at a decennial United States census, beginning with the 2020 United States census, to have a population of more than 5,000,000, there is required, and any applicable law, including a county charter, shall be deemed to require, the following:
(1) The governing body shall consist of the greater of either five members or a sufficient number of members, elected by district, so as to ensure that each member of the governing body represents, to the extent practicable, a district containing a population approximately equivalent to no more than two districts in the United States House of Representatives. Each member of the governing body shall reside within the district that he or she represents.
(2) (A) Except as provided in subparagraph (B), the expenditures for the governing body and its staff shall not exceed, for any subsequent fiscal year after the release of the census finding a population of more than 5,000,000, the amount that was allocated for the expenses of the governing body and its staff in the county’s adopted budget for the fiscal year in which that same census was conducted.
(B) Notwithstanding subparagraph (A), the expenditures for the governing body and its staff may be adjusted for either of the following reasons:
(i) To account for inflation, as reflected in annual changes in the California Consumer Price Index.
(ii) To address contingencies that were unaccounted for or that could not have been anticipated in the fiscal year in which the census was conducted.
(3) Members of the governing body shall serve for terms of four years. A member of the governing body shall not serve more than three terms, whether or not those terms are consecutive.
(b) Any members of the governing body required by this section in addition to those required by any other law, including an existing charter, shall first be elected at a general election occurring on or after January 1, 2022. Those additional members shall serve for the same term and subject to the same provisions of the applicable law or charter to the governing body, except that no more than one-half of the additional members elected on or after January 1, 2022, may serve a shortened term so as to provide for staggered terms.

Third—

 That Section 4.6 is added to Article XI thereof, to read:

SEC. 4.6.
 (a) (1) A county that is found at a decennial United States census beginning with the 2020 United States census to have a population of more than 5,000,000 shall have an elected county executive who shall serve a term of six years. The county executive shall not serve more than two terms, whether or not those terms are consecutive. The election of the county executive shall occur at a general election.
(2) (A) Except as provided in subparagraph (B), the budget for the county executive for the first fiscal year in which that office is in existence pursuant to this section shall be based upon the budget of the chief executive officer or his or her equivalent, if any, in the fiscal year in which this section was added.
(B) Notwithstanding subparagraph (A), the amount of expenditures for the governing body may be adjusted for any fiscal year for either of the following reasons:
(i) To account for inflation, as reflected in annual changes in the California Consumer Price Index.
(ii) To address contingencies that were unaccounted for or that could not have been anticipated in the fiscal year in which this section was added.
(C) The salary of the county executive shall be the same as the salary paid to the presiding judge of the superior court with jurisdiction over the county and may be adjusted in the same manner. This subparagraph shall not be construed as a limitation on the authority of the Legislature to set the compensation for judges of courts of record pursuant to Section 19 of Article VI.
(b) (1) (A) The county executive shall appoint, supervise, and dismiss any person appointed to the position of department head, or its equivalent.
(B) The governing body of the county may overrule any appointment or dismissal made pursuant to this paragraph by a two-thirds vote of its entire membership. The governing body shall notify the county executive of its intent to overrule and shall take action within 30 calendar days of the date of notification. During the 30 calendar days, the county executive’s appointment or dismissal action shall be suspended.
(2) The county executive shall appoint the members of any commission of the county, subject to confirmation by the governing body of the county.
(c) (1) On or before June 30 of each year, the county executive shall develop and submit to the governing body of the county an annual budget for the county.
(2) Within 60 days of receipt of the budget pursuant to paragraph (1), the governing body of the county shall review and approve the budget, with or without amendments, and transmit the budget to the county executive for review and final approval.
(3) (A) Within 15 days of receipt of the budget pursuant to paragraph (2), the county executive shall either:
(i) Approve the budget as transmitted by the board of supervisors pursuant to paragraph (2).
(ii) Approve the budget with any line-item vetoes.
(B) Upon taking an action pursuant to clause (i) or (ii), the county executive shall return the budget to the governing body of the county along with the action taken.
(4) The governing body of the county may, within 15 days of an approval of a budget with a line-item veto pursuant to clause (ii) of subparagraph (A) of paragraph (3), override the veto by a two-thirds vote of its entire membership.
(5) An approved budget may be amended as follows:
(A) By a proposal of the county executive. The county executive shall present any proposed amendments to the governing body of the county. The governing body shall review any proposed amendment presented by the county executive, and may approve any amendments by a two-thirds vote of its entire membership.
(B) By the governing body, which shall approve any amendment to an approved budget by a two-thirds vote of its entire membership.
(d) The governing body may override any action of the county executive by a two-thirds vote of its entire membership.
Fourth—
 The provisions of this measure are severable. If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.