as amended, Mendoza.
begin deleteCharter counties: end deleteboard 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
begin delete 2020-21end delete
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 begin delete 2020-21end delete 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
begin delete supervisors,end delete 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
begin delete union,end delete 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
begin delete larger,end delete and
P3 1WHEREAS, It is important to restrain the costs of governance
2by restricting the fiscal impact of any increase in the number of
3members of any county’s board of
begin delete supervisors,end delete and
4WHEREAS, It is therefore the intent of the people, in adopting
5this measure, to make all of the following changes with regard to
6the county board of supervisors in each county having a population
7of more than 2,000,000 at each decennial United States census:
8(a) To increase democratic representation by substantially
9reducing the population in each supervisorial district;
10(b) By establishing smaller supervisorial districts, to provide
11greater opportunities for public participation in local government
12that provide safety, health, transportation, and other vital services;
13(c) In order to control the size of
14unnecessary expenditures, and increase efficiency through smaller
15 supervisorial districts, to reduce the office budgets currently
16allocated for each member of the board of supervisors; now,
17therefore, be it
18Resolved by the Senate, the Assembly concurring, That the
19Legislature of the State of California at its
begin delete 2015-16end delete
20 Regular Session commencing on the first day of December 2014,
21two-thirds of the membership of each house concurring, hereby
22proposes to the people of the State of California, that the
23Constitution of the State be amended as follows:
That Section 1 of Article XI thereof is amended to read:
(a) The State is divided into counties which are legal
26subdivisions of the State. The Legislature shall prescribe uniform
27procedure for county formation, consolidation, and boundary
28change. Formation or consolidation requires approval by a majority
29of electors voting on the question in each affected county. A
30boundary change requires approval by the governing body of each
31affected county. No county seat shall be removed unless two-thirds
32of the qualified electors of the county, voting on the proposition
33at a general election, shall vote in favor of such removal. A
34proposition of removal shall not be submitted in the same county
35more than once in four years.
36(b) The Legislature shall provide for county powers, an elected
37 county sheriff, an elected district attorney, an elected assessor, and
38an elected governing body in each county. Except as provided in
39paragraph (2) of subdivision (a) of Section 4 of this article, each
40governing body shall prescribe by ordinance the compensation of
P4 1its members, but the ordinance prescribing such compensation
2shall be subject to referendum. The Legislature or the governing
3body may provide for other officers whose compensation shall be
4prescribed by the governing body. The governing body shall
5provide for the number, compensation, tenure, and appointment
That Section 4 of Article XI thereof is amended to
(a) County charters shall provide for:
10(1) Except as otherwise provided in Section 4.5, a governing
begin delete 5end delete or more members, elected by district, with a
12requirement that the member reside in a district. Charter counties
13are subject to statutes that relate to apportioning population of
14governing body districts.
15(2) The compensation, terms, and removal of members of the
16governing body, subject to Section 4.5.
17(3) An elected sheriff, an elected district attorney, an elected
18assessor, other officers, their election or appointment,
19compensation, terms and removal.
20(4) The performance of functions required by statute.
21(5) The powers and duties of governing bodies and all other
22county officers, and for consolidation and segregation of county
23officers, and for the manner of filling all vacancies occurring in
25(6) 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.
32(7) Whenever any county has framed and adopted a charter, and
33the charter has been approved by the Legislature as provided in
34this section, the general laws adopted by the Legislature pursuant
35to subdivision (b) of Section 1 of this article, shall, as to that
36county, be superseded by that charter as to matters for which, under
37this section it is competent to make provision in the charter, and
38for which provision is made in the charter, except as otherwise
39expressly provided in this section.
P5 1(8) Charter counties shall have all the powers that are provided
2by this Constitution or by statute for counties.
3(b) The changes made by the act adding this subdivision shall
4apply on and after January 1, 2021.
That Section 4.5 is added to Article XI thereof, to
8 a county with a population of more than 2,000,000 at a
9decennial United States census, beginning with the 2020 United
10States census, the county charter shall provide as follows:
12 The governing body shall consist of
begin delete 7end delete or more
begin delete members.end delete
17 The expenditures for the governing body and its staff may
18not exceed, for any subsequent fiscal year, the lesser of the amount
19budgeted for that purpose for the
begin delete 2020-21end delete fiscal year or
20the amount that has the same proportion to total county
21expenditures as the expenditures for that purpose had to the total
22county budget in the
begin delete 2020-21end delete fiscal year.