BILL NUMBER: AB 2928	CHAPTERED  09/29/02

	CHAPTER  1072
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2002
	PASSED THE ASSEMBLY  AUGUST 30, 2002
	PASSED THE SENATE  AUGUST 28, 2002
	AMENDED IN SENATE  AUGUST 26, 2002
	AMENDED IN SENATE  JUNE 26, 2002
	AMENDED IN ASSEMBLY  APRIL 22, 2002

INTRODUCED BY   Assembly Member Matthews

                        FEBRUARY 25, 2002

   An act to add Article 1.75 (commencing with Section 26638.5) to
Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code,
relating to counties.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2928, Matthews.  Counties.
   (1) Existing law establishes the office of Marshal of Merced
County and specifies the duties of the sheriff in that county.
   This bill would permit the Board of Supervisors of Merced County
to abolish, by ordinance, the office of Marshal of Merced County and
establish a court security division in the sheriff's department in
that county, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 1.75 (commencing with Section 26638.5) is added
to Chapter 2 of Part 3 of Division 2 of Title 3 of the Government
Code, to read:

      Article 1.75.  Merced County Court Security Division

   26638.5.  Notwithstanding any other provision of law, the Board of
Supervisors of Merced County may abolish, by ordinance, the Merced
County Marshal's office and establish a court security division in
the Merced County Sheriff's Department.  If the board of supervisors
chooses to abolish this office, the following provisions shall apply:

   (a) The sheriff shall be appointing authority for all division
personnel.  The person selected by the sheriff to oversee the
operation of court security services shall report directly to the
sheriff, or his or her designee.
   (b) Notwithstanding any other provision of law, all personnel of
the marshal's office affected by the abolition of the marshal's
office in Merced County shall become employees of the sheriff's
department at their existing or equivalent classification, salaries,
and benefits.
   (c) Permanent employees of the marshal's office on the effective
date of transfer of services from the marshal to the sheriff pursuant
to this section shall be deemed to be qualified, and no other
qualifications shall be required for employment or retention.
Promotions for all personnel from the marshal's office shall be made
pursuant to standards set by the sheriff.  Probationary employees in
the marshal's office on the effective date of the abolition shall not
be required to serve a new probationary period.  All probationary
time served as an employee of the marshall shall be credited toward
probationary time required as an employee of the sheriff's
department.
   (d) All county service with the marshal's office by employees of
the marshal's office on the effective date of the abolition of the
marshal's office shall be counted toward seniority in the court
security division of the sheriff's department.
   (e) No employee of the marshal's office on the effective date of a
consolidation pursuant to this section shall lose peace officer
status, or otherwise be adversely affected as a result of the
abolition and merger of personnel into the sheriff's department.
   (f) The personnel of the marshal's office who become employees of
the sheriff's department may not be transferred from the division in
the sheriff's department under which court security services are
provided unless the transfer is voluntary.
   (g) Personnel of the abolished marshal's office shall be entitled
to request an assignment to another division within the sheriff's
department, and that request shall be reviewed in the same manner as
any other request from within the department.