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AB-2558 County officers.(2017-2018)

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Date Published: 06/27/2018 09:00 PM
AB2558:v95#DOCUMENT

Amended  IN  Senate  June 27, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 05, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2558


Introduced by Assembly Member Brough

February 15, 2018


An act to amend Sections 24300.5, 24301, 24304.2, 26885, 26980, and 26981 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2558, as amended, Brough. County officers.
(1) Existing law sets forth the officers of a county and authorizes the board of supervisors of a county to consolidate, separate, and reconsolidate their duties, as specified. Existing law further authorizes the board to consolidate the offices of auditor, controller, treasurer, tax collector, and director of finance.
This bill would prohibit the board of supervisors from consolidating an elective office with an appointed office pursuant to these provisions, or separating those offices once combined, except through a specified election process.
(2) Existing law authorizes the board of supervisors of a county to establish the office of director of finance by submitting the question of whether the office should be established to the voters. Existing law additionally authorizes the board of supervisors, at that election, to submit to the voters the question of whether the office, if established, will be elective or appointed by the board of supervisors.
This bill would require the question of whether the office, if established, will be elective or appointed by the board of supervisors to be submitted to the voters. The bill would additionally set forth the language required to appear on the ballot.
(3) Existing law sets forth the qualifications for the office of county auditor, county treasurer, county tax collector, or county treasurer-tax collector.
This bill would require any person appointed or elected to the combined office of auditor-controller-treasurer-tax collector-director of finance to meet those qualifications.
(4) Existing law authorizes the board of supervisors of certain counties to consolidate the duties of the offices of auditor-controller and treasurer-tax collector into the elected office of auditor-controller-treasurer-tax collector.
This bill would make nonsubstantive changes to that provision.

(4)

(5) Existing law authorizes the board of supervisors to, by adoption of a resolution passed by a unanimous vote of the board of supervisors at a regular meeting at which all members are present, create the office of controller which is held ex officio by the county auditor, as specified. Existing law provides that a resolution adopted pursuant to these provisions may be repealed by the board of supervisors at any time by a 3/5 vote.
This bill would provide that if the office of auditor-controller is appointive, a resolution adopted pursuant to the above provisions may be repealed by the board of supervisors at any time by a 3/5 vote, and if the office of auditor-controller is elective, a resolution adopted pursuant to the above provisions may be repealed by the voters at any primary or general election.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 24300.5 of the Government Code is amended to read:

24300.5.
 (a) (1) In addition to the duties of the county offices that may be consolidated under the provisions of Section 24300, the board of supervisors may by ordinance consolidate the offices of auditor, controller, treasurer, tax collector, and director of finance.
(2) The board of supervisors shall not consolidate an elective office with an appointed office pursuant to subdivision (a), except through an election that complies with subdivision (b) of Section 24009 and subdivision (b) of Section 26980.
(b) Any person elected or appointed to the combined office of auditor-controller-treasurer-tax collector-director of finance shall meet the qualifications set forth in Sections 26945 or Section 27000.7.

SEC. 2.

 Section 24301 of the Government Code is amended to read:

24301.
 (a) Except as provided in subdivision (b), if the duties of officers are consolidated pursuant to this chapter, the board of supervisors, by ordinance, may, if it deems the change to be in the public interest, separate the duties that have been consolidated, and reconsolidate them in any other manner permitted by this chapter or separate the duties without reconsolidation, and provide that the duties of each office shall be performed by a separate person.
(b) If the duties of the offices of auditor, controller, treasurer, tax collector, and director of finance are consolidated pursuant to Section 24300.5, the board of supervisors shall only separate those offices through an election that complies with subdivision (b) of Section 24009 and subdivision (b) of Section 26980.

SEC. 3.

 Section 24304.2 of the Government Code is amended to read:

24304.2.
 (a)Notwithstanding Section 24300, in the Counties of Mendocino, Santa Cruz, Sonoma, Trinity, and Tulare, the board of supervisors, by ordinance, may consolidate the duties of the offices of auditor-controller and treasurer-tax collector into the elected office of auditor-controller-treasurer-tax collector.

(b)Notwithstanding Section 24300, in the Counties of Mendocino, Santa Cruz, Sonoma, Trinity, and Tulare, the duties of the offices of auditor-controller, treasurer-tax collector, and director of finance may be consolidated into the elected office of auditor-controller-treasurer-tax collector-director of finance through an election that complies with subdivision (b) of Section 24009 and subdivision (b) of Section 26980.

SEC. 4.

 Section 26885 of the Government Code is amended to read:

26885.
 (a) The provisions of this chapter shall become operative only upon their adoption by a resolution passed by a unanimous vote of the board of supervisors at a regular meeting at which all members are present.
(b) (1) If the office of auditor-controller is appointive, a resolution adopted pursuant to this section may be repealed by the board of supervisors at any time by a three-fifths vote.
(2) If the office of auditor-controller is elective, a resolution adopted pursuant to this section may be repealed by the voters at any primary or general election.

SEC. 5.

 Section 26980 of the Government Code is amended to read:

26980.
 The board of supervisors of any county may establish the office of director of finance.
(a) The board of supervisors shall submit to the electors of the county the question of whether the office of director of finance shall be established. If a majority of the voters voting on the question at that election favor the establishment of the office, the board of supervisors shall, by ordinance, create the office.
(b) (1) The board of supervisors at that election shall also submit to the voters the question of whether the office, if so established, shall be elective, or appointed by the board of supervisors. The ballot label for this question shall read as follows:
“If the office of director of finance is established, shall the office be elected by the voters or be appointed by the board of supervisors?”
The ballot label shall be followed by the words “Elected” and “Appointed,” from which the person voting may cast their choice as to whether the office shall be elective or appointive.
(2) If a majority of the voters voting on the question favor making the office elective, the board of supervisors shall, in the ordinance creating the office, make it an elective one.
(c) Any person may be appointed by the board of supervisors, or be a candidate for election, to the office of director of finance, consolidated from other offices pursuant to this chapter, if he or she meets the qualifications set forth in Section 26945 or Section 27000.7.

SEC. 6.

 Section 26981 of the Government Code is amended to read:

26981.
 (a) The office of director of finance shall be consolidated with the offices of auditor, controller, tax collector, and treasurer and the director of finance shall have all the powers and duties of the offices so consolidated together with any other powers and duties as the board of supervisors may provide.
(b) Any person elected or appointed to the combined office of auditor-controller-treasurer-tax collector-director of finance shall meet the qualifications set forth in Sections 26945 or Section 27000.7.