Bill Text: CA ACA15 | 2021-2022 | Regular Session | Introduced

California Assembly Constitutional Amendment 15 (Prior Session Legislation)

Introduced

Bill Title: Local government: counties: employees of elected officers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-04-08 - From printer. May be heard in committee May 8. [ACA15 Detail]

Download: California-2021-ACA15-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Constitutional Amendment

No. 15

Introduced by Assembly Member Kiley

April 07, 2022

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 1 and 4 of Article XI thereof, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

ACA 15, as introduced, Kiley. Local government: counties: employees of elected officers.

The California Constitution requires the governing body of a county to provide for the number, compensation, tenure, and appointment of employees.

This measure would provide an exception to the requirements described above by requiring an elected county officer, other than a member of the governing body, to provide for the appointment and tenure of employees within their office.

The California Constitution requires a county charter to provide for 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.

This measure would provide an exception to the requirements described above by requiring an elected officer, other than a member of the governing body, to be responsible for the fixing and regulation of the appointment of assistants, deputies, clerks, attachés, and other persons to be employed within the office of the elected officer, and to be responsible for the prescribing and regulating of the times at which, and terms for which, the employees are appointed, and the manner of their appointment and removal.

Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2021–22 Regular Session commencing on the seventh day of December 2020, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

First—

That Section 1 of Article XI thereof is amended to read:

SEC. 1.

(a) The State is divided into counties which are legal subdivisions of the State. The Legislature shall prescribe uniform procedure for county formation, consolidation, and boundary change. Formation or consolidation requires approval by a majority of electors voting on the question in each affected county. A boundary change requires approval by the governing body of each affected county. No county seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal. A proposition of removal shall not be submitted in the same county more than once in four years.

(b) (1) The Legislature shall provide for county powers, an elected county sheriff, an elected district attorney, an elected assessor, and an elected governing body in each county. Except as provided in subdivision (b) of Section 4 of this article, each governing body shall prescribe by ordinance the compensation of its members, but the ordinance prescribing such compensation shall be subject to referendum. The Legislature or the governing body may provide for other officers whose compensation shall be prescribed by the governing body. ~~The~~ Except as provided in paragraph (2), the governing body shall provide for the number, compensation, tenure, and appointment of employees.

(2) An elected officer, other than a member of the governing body, shall provide for the appointment and tenure of employees within their office.

Second—

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

SEC. 4.

County charters shall provide for:

(a) A governing body of 5 or more members, elected (1) by district or, (2) at large, or (3) at large, with a requirement that they reside in a district. Charter counties are subject to statutes that relate to apportioning population of governing body districts.

(b) 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.

(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.

(f) ~~The~~ (1) Except as provided in paragraph (2), 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.

(2) An elected officer, other than a member of the governing body, shall be responsible for the fixing and regulation of the appointment of assistants, deputies, clerks, attachés, and other persons to be employed within the office of the elected officer, and shall be responsible for the prescribing and regulating of the times at which, and terms for which, the employees 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) 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.