SCA 8, as amended, Mendoza. 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.
Existing law also requires a general law county to have a board of supervisors consisting of 5 members, and requires, except as provided, each member of the board of supervisors to be elected by the district which the member represents.
This measure would
begin delete require the county charterend delete, in a county begin delete with a population of more than 2,000,000end delete at a decennial United States begin delete censusend delete beginning with the 2020 United States census, to provide begin delete forend delete a governing body consisting of 7 or more begin delete members.end delete The measure would begin delete also require in such a county, the county charter toend delete
provide begin delete thatend delete the expenditures for the governing body and its staff may not exceed, for any subsequent fiscal begin delete 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.end delete This measure would also extend these requirements to
a general law county begin delete with a population of more than 2,000,000end delete at a decennial United States census, beginning with the 2020 United States begin delete census.end delete
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, and would impose that requirement on all general law counties.
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.
P3 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;
22(b) By establishing smaller supervisorial districts, to provide
23greater opportunities for public participation in local government
24that provide safety, health, transportation, and other vital services;
25(c) In order to control the size of government, reduce
26 unnecessary expenditures, and increase efficiency through smaller
27 supervisorial districts, to reduce the office budgets currently
28allocated for each member of the board of supervisors; now,
29therefore, be it
30Resolved by the Senate, the Assembly concurring, That the
31Legislature of the State of California at its 2015-16 Regular
32Session commencing on the first day of December 2014, two-thirds
33of the membership of each house concurring, hereby proposes to
34the people of the State of California, that the Constitution of the
35State 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
38subdivisions of the State. The Legislature shall prescribe uniform
39procedure for county formation, consolidation, and boundary
40change. Formation or consolidation requires approval by a majority
P4 1of electors voting on the question in each affected county. A
2boundary change requires approval by the governing body of each
3affected county. No county seat shall be removed unless two-thirds
4of the qualified electors of the county, voting on the proposition
5at a general election, shall vote in favor of such removal. A
6proposition of removal shall not be submitted in the same county
7more than once in four years.
8(b) The Legislature shall provide for county powers, an elected
9 county sheriff, an elected district attorney, an elected assessor, and
10an elected governing body in each county. Except as provided in
11paragraph (2) of subdivision (a) of Section 4 of this article, each
12governing body shall prescribe by ordinance the compensation of
13its members, but the ordinance prescribing such compensation
14shall be subject to referendum. The Legislature or the governing
15body may provide for other officers whose compensation shall be
16prescribed by the governing body. The governing body shall
17provide for the number, compensation, tenure, and appointment
That Section 4 of Article XI thereof is amended to
(a) County charters shall provide for:
22(1) Except as otherwise provided in Section 4.5, a governing
23body of five or more members, elected by district, with a
24requirement that the member reside in a district. Charter counties
25are subject to statutes that relate to apportioning population of
26governing body districts.
27(2) The compensation, terms, and removal of members of the
28governing body, subject to Section 4.5.
29(3) An elected sheriff, an elected district attorney, an elected
30assessor, other officers, their election or appointment,
31compensation, terms and removal.
32(4) The performance of functions required by statute.
33(5) The powers and duties of governing bodies and all other
34county officers, and for consolidation and segregation of county
35officers, and for the manner of filling all vacancies occurring in
37(6) The fixing and regulation by governing bodies, by ordinance,
38of the appointment and number of assistants, deputies, clerks,
39attachés, and other persons to be employed, and for the prescribing
40and regulating by such bodies of the powers, duties, qualifications,
P5 1and compensation of such persons, the times at which, and terms
2for which they shall be appointed, and the manner of their
3appointment and removal.
4(7) Whenever any county has framed and adopted a charter, and
5the charter has been approved by the Legislature as provided in
6this section, the general laws adopted by the Legislature pursuant
7to subdivision (b) of Section 1 of this article, shall, as to that
8county, be superseded by that charter as to matters for which, under
9this section it is competent to make provision in the charter, and
10for which provision is made in the charter, except as otherwise
11expressly provided in this section.
12(8) Charter counties shall have all the powers that are provided
13by this Constitution or by statute for counties.
14(b) The changes made by the act adding this subdivision shall
15apply on and after January 1, 2021.
That Section 4.5 is added to Article XI thereof, to
(a) In a county
begin delete with a population of more at a decennial United States census,
19than 2,000,000end delete
20beginning with the 2020 United States census,
begin delete theend delete
22 county charter shall
begin delete provide as follows:end delete
24(1) The governing body shall consist of seven or more members,
25elected by district, with a requirement that the member reside in
26a district, and subject to statutes that relate to apportioning the
27population of governing body districts.
32(2) The expenditures for the governing
body and its staff
begin delete mayend delete not exceed, for any subsequent fiscal begin delete year, the lesser of
34the amount budgeted for that purpose for the 2020-21 fiscal year
35or the amount that has the same proportion to total county
36expenditures as the expenditures for that purpose had to the total
37county budget in the 2020-21 fiscal year.end delete
6(b) (1) Each general law county
begin delete with a population of more than at a decennial United States census,
8beginning with the 2020 United States census, shall have a governing body consisting of
10seven or more members. Any county described in this subdivision
11shall be subject to statutes that relate to apportioning the population
12of governing body districts.
each end delete
begin delete with a population of at a decennial United States
17more than 2,000,000end delete
18census, beginning with the 2020 United States census, the expenditures for the
20governing body and its staff
begin delete mayend delete not exceed, for any
begin delete year, the lesser of the amount budgeted for that
22purpose for the 2020-21 fiscal year or the amount that has the
23same proportion to total county expenditures as the expenditures
24for that purpose had to the total county budget in the 2020-21
25fiscal year.end delete
34(3) On and after January 1, 2021, the members of a governing
35body of a general law county shall be elected by district, and the
36member shall reside in that district.