SCA 8, as introduced, Mendoza. Charter counties: board of supervisors: redistricting.
The California Constitution requires that a county charter provide for 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, and to provide for the compensation, terms, and removal of members of the governing body. The California Constitution also provides that charter counties are subject to statutes that relate to apportioning population of governing body districts. Existing law requires, following each decennial federal census and using that census as a basis, the board of supervisors of a county to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as may be and comply with applicable provisions of federal law.
This measure would require the county charter, in a county with a population of more than 2,000,000 at a decennial United States census beginning with the 2020 United States census, to provide for a governing body consisting of 7 or more members. The measure would also require in such a county, the county charter to provide that the expenditures for the governing body and its staff may not exceed, for any subsequent fiscal year, the lesser of the amount budgeted for that purpose for the 2020-21 fiscal year or the amount that has the same proportion to total county expenditures as the expenditures for that purpose had to the total county budget in the 2020-21 fiscal year.
This measure would require, on and after January 1, 2021, a county charter to provide for members to be elected by district with a requirement that the member reside in a district.
As described above, the California Constitution requires that a county charter provide for the compensation of members of the governing body. The California Constitution also requires that, if a county charter provides for the Legislature to prescribe the salary of the governing body, the salary be prescribed by the governing body by ordinance.
This bill would repeal that latter provision on January 1, 2021.
This measure would also make other technical, nonsubstantive changes.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
P2 1WHEREAS, California’s counties are governed by elected
2members of a board of supervisors, and
3WHEREAS, The number of members of the board of supervisors
4in most counties has remained unchanged for more than a century
5despite enormous increases in the county’s population which, in
6some cases, are greater than the population of individual states in
7the union, and
8WHEREAS, It is a well-recognized principle that residents are
9more efficiently able to access their representatives for assistance
10for services and to hold them better accountable when the ratio of
11residents to each elected representative on a governing body is
12smaller rather than larger, and
13WHEREAS, It is important to restrain the costs of governance
14by restricting the fiscal impact of any increase in the number of
15members of any county’s board of supervisors, and
16WHEREAS, It is therefore the intent of the people, in adopting
17this measure, to make all of the following changes with regard to
18the county board of supervisors in each county having a population
19of more than 2,000,000 at each decennial United States census:
20(a) To increase democratic representation by substantially
21reducing the population in each supervisorial district;
P3 1(b) By establishing smaller supervisorial districts, to provide
2greater opportunities for public participation in local government
3that provide safety, health, transportation, and other vital services;
4(c) In order to control the size of government, reduce
5unnecessary expenditures, and increase efficiency through smaller
6 supervisorial districts, to reduce the office budgets currently
7allocated for each member of the board of supervisors; now,
8therefore, be it
9Resolved by the Senate, the Assembly concurring, That the
10Legislature of the State of California at its 2015-16 Regular Session
11commencing on the first day of December 2014, two-thirds of the
12membership of each house concurring, hereby proposes to the
13people of the State of California, that the Constitution of the State
14be amended as follows:
That Section 1 of Article XI thereof is amended to read:
(a) The State is divided into counties which are legal
17subdivisions of the State. The Legislature shall prescribe uniform
18procedure for county formation, consolidation, and boundary
19change. Formation or consolidation requires approval by a majority
20of electors voting on the question in each affected county. A
21boundary change requires approval by the governing body of each
22affected county. No county seat shall be removed unless two-thirds
23of the qualified electors of the county, voting on the proposition
24at a general election, shall vote in favor of such removal. A
25proposition of removal shall not be submitted in the same county
26more than once in four years.
27(b) The Legislature shall provide for county powers, an elected
28 county sheriff, an elected district attorney, an elected assessor, and
29an elected governing body in each county. Except as provided in
begin delete (b)end delete of Section 4 of this article,
31each governing body shall prescribe by ordinance the compensation
32of its members, but the ordinance prescribing such compensation
33shall be subject to referendum. The Legislature or the governing
34body may provide for other officers whose compensation shall be
35prescribed by the governing body. The governing body shall
36provide for the number, compensation, tenure, and appointment
That Section 4 of Article XI thereof is amended to
County charters shall provide for:
P4 1(a) Aend delete
3body of 5 or more members, elected
begin delete (1)end delete
by district begin delete or, (2) at large, , with a requirement that
4or (3) at largeend delete
begin delete theyend delete reside in
5a district. Charter counties are subject to statutes that relate to
6apportioning population of governing body districts.
8 The compensation, terms, and removal of members of the
begin delete. If a county charter provides for the Legislature
10to prescribe the salary of the governing body, such compensation
11shall be prescribed by the governing body by ordinanceend delete
14 An elected sheriff, an elected district attorney, an elected
15assessor, other officers, their election or appointment,
16compensation, terms and removal.
18 The performance of functions required by statute.
20 The powers and duties of governing bodies and all other
21county officers, and for consolidation and segregation of county
22officers, and for the manner of filling all vacancies occurring
begin delete thereinend delete.
25 The fixing and regulation by governing bodies, by ordinance,
26of the appointment and number of assistants, deputies, clerks,
27attachés, and other persons to be employed, and for the prescribing
28and regulating by such bodies of the powers, duties, qualifications,
29and compensation of such persons, the times at which, and terms
30for which they shall be appointed, and the manner of their
31appointment and removal.
33 Whenever any county has framed and adopted a charter, and
begin delete same shall haveend delete been approved by the Legislature
begin delete hereinend delete provided, the general laws adopted by the
begin delete in pursuance of Section 1(b)end delete of this article, shall, as to begin delete suchend delete county, be
begin delete saidend delete charter as to matters for which, under this
39section it is competent to make provision in
begin delete suchend delete charter, and
P5 1for which provision is made
begin delete thereinend delete, except as begin delete hereinend delete
2 otherwise expressly provided.
4 Charter counties shall have all the powers that are provided
5by this Constitution or by statute for counties.
That Section 4.5 is added to Article XI thereof, to
In a county with a population of more than 2,000,000
11at a decennial United States census, beginning with the 2020 United
12States census, the county charter shall provide as follows:
13(a) The governing body shall consist of 7 or more members.
14(b) The expenditures for the governing body and its staff may
15not exceed, for any subsequent fiscal year, the lesser of the amount
16budgeted for that purpose for the 2020-21 fiscal year or the amount
17that has the same proportion to total county expenditures as the
18expenditures for that purpose had to the total county budget in the
192020-21 fiscal year.