BILL NUMBER: SB 309 CHAPTERED 07/22/99 CHAPTER 138 FILED WITH SECRETARY OF STATE JULY 22, 1999 APPROVED BY GOVERNOR JULY 21, 1999 PASSED THE SENATE JULY 8, 1999 PASSED THE ASSEMBLY JUNE 30, 1999 AMENDED IN ASSEMBLY JUNE 16, 1999 AMENDED IN ASSEMBLY JUNE 10, 1999 AMENDED IN ASSEMBLY MAY 27, 1999 INTRODUCED BY Senator Baca (Coauthor: Senator Johannessen) (Coauthors: Assembly Members Granlund, Longville, Olberg, and Soto) FEBRUARY 4, 1999 An act to amend Section 77212.5 of, to repeal and add Section 72115 of, and to repeal Section 26669 of, the Government Code, relating to court services, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 309, Baca. Court security services: San Bernardino County. (1) Existing law provides for the consolidation of services provided by the sheriff's office and the marshal's office with respect to the courts in San Bernardino County. This bill would repeal those provisions and would instead authorize the Board of Supervisors of San Bernardino County to commence public hearings regarding the consolidation of court services in San Bernardino County no later than 30 days after the effective date of this bill, concurrent with an advisory election among the judges of the consolidated courts of the county. The bill would also provide that the board of supervisors may elect to abolish the marshal's office in San Bernardino County assigning the duties of court services to the office of the sheriff. If the board of supervisors elects to abolish the marshal's office the duties and staff of the marshal's office would be merged into the sheriff's department. The bill would provide that if the board determines to abolish the marshal's office and transfer the duties of the marshal's office to the sheriff's office, the abolishment of the office and the transfer of those duties must be completed within 30 days of that determination. The bill would also specify the method for the assignment of bailiffs and the employment of personnel of the marshal' s office and the sheriff's office following any abolition and consolidation. (2) Existing law requires, commencing on July 1, 1999, and thereafter, the trial courts of each county in which court security services are otherwise required by law to be provided by the sheriff' s department to enter into an agreement with the sheriff's department that was providing court security services as of July 1, 1998, regarding the provision of court security services. This bill would require, commencing on July 1, 1999, and thereafter, the trial courts of San Bernardino County in which court security was provided by the marshal's office as of July 1, 1998, to enter into an agreement regarding the provision of court security services with the successor sheriff's department if the marshal's office is abolished, thus establishing a state-mandated local program. However, rather than the above changes, this bill would only make the changes to Section 77212.5 of the Government Code, as proposed by SB 1196, if SB 1196 is enacted and becomes effective prior to this bill. (3) The bill would state that these provisions constitute necessary special legislation. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (5) The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 26669 of the Government Code is repealed. SEC. 2. Section 72115 of the Government Code is repealed. SEC. 3. Section 72115 is added to the Government Code, to read: 72115. (a) Notwithstanding any other provision of law, the Board of Supervisors of San Bernardino County may, no later than 30 days after the effective date of this section, commence public hearings regarding the abolition of the marshal's office and the transferring of court-related services provided by the marshal within the county to the sheriff's department. Within 30 days of the commencement of public hearings as authorized by this section, the board shall make a final determination as to the most cost-effective and most efficient manner of providing court-related services. (b) Concurrently, an election may be conducted among all of the judges of the Consolidated Courts of San Bernardino County to provide an advisory recommendation to the board of supervisors on the abolition of the marshal's office and the transferring of court-related services provided by the marshal within the county to the sheriff's department. The outcome shall be determined by a simple majority of votes cast. The vote of the judges shall then be forwarded to the board of supervisors prior to the close of the public hearing, and the board of supervisors shall take into advisement the recommendation of the judges provided by the election report. (c) If the board determines to abolish the marshal's office and transfer the duties of the marshal to the sheriff's office, the abolishment of the office and the transfer of those duties shall be completed within 30 days of that determination. (d) The courtroom assignment of bailiffs after abolition of the marshal's office and the consolidation pursuant to this section shall be determined by a two-member committee comprised of the presiding judge of the consolidated court and the sheriff, or their designees. Any new bailiff assignments shall be made only after consultation with the affected judge or commissioner in whose courtroom a new assignment is planned. It is the intent of the Legislature, in enacting this subdivision, to ensure that courtroom assignments are made in a manner which best assures that the interests of the affected judge or commissioner and bailiff are protected. (e) Notwithstanding any other provision of law, the marshal and all personnel of the marshal's office affected by the abolition of the marshal's office in San Bernardino County shall become employees of the sheriff's department at their existing or equivalent classification, salaries, and benefits, and, except as may be necessary for the operation of the agency under which court-related services and the service of civil and criminal process are consolidated, they shall not be involuntarily transferred out of the consolidated office for a period of five years following the consolidation. (f) 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. Persons who accept a voluntary transfer from the court services/civil division shall waive their rights pursuant to subdivision (e). (g) Permanent employees of the marshal's office on the effective date of the abolition of the marshal's office pursuant to this section shall be deemed to be qualified, and no other qualifications shall be required for employment or retention. Probationary employees of the marshal's office on the effective date of a consolidation pursuant to this section shall retain their probationary status and rights, and shall not be deemed to have transferred so as to require serving a new probationary period. (h) All county service or service by employees of the marshal's office on the effective date of a consolidation pursuant to this section shall be counted toward seniority in the consolidated office, and all time spent in the same, equivalent, or higher classification shall be counted toward classification seniority. (i) 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. SEC. 4. Section 77212.5 of the Government Code is amended to read: 77212.5. (a) Commencing on July 1, 1999, and thereafter, the trial courts of each county in which court security services are otherwise required by law to be provided by the sheriff's department shall enter into an agreement with the sheriff's department that was providing court security services as of July 1, 1998, regarding the provision of court security services. (b) Commencing on July 1, 1999, and thereafter, the trial courts of a county of the seventh class in which court security was provided by the marshal's office as of July 1, 1998, shall, if the marshal's office is abolished, enter into an agreement regarding the provision of court security services with the successor sheriff's department. SEC. 4.5. Section 77212.5 of the Government Code is amended to read: 77212.5. (a) Commencing on July 1, 1999, and thereafter, the trial courts of each county in which court security services are otherwise required by law to be provided by the sheriff's department shall enter into an agreement with the sheriff's department that was providing court security services as of July 1, 1998, regarding the provision of court security services. (b) Commencing on July 1, 1999, and thereafter, the trial courts of a county in which court security was provided by the marshal's office as of July 1, 1998, shall, if the marshal's office is abolished, enter into an agreement regarding the provision of court security services with the successor sheriff's department. SEC. 5. Due to unique facts and circumstances applicable to San Bernardino County, the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. Special legislation is, therefore, necessarily applicable to only San Bernardino County. SEC. 6. Section 4.5 of this bill shall only become operative if (1) this bill and SB 1196 are both enacted and become effective on or before January 1, 2000, (2) each bill amends Section 77212.5 of the Government Code, and (3) this bill is enacted after SB 1196, in which case Section 77212.5 of the Government Code, as amended by SB 1196, shall remain operative only until the operative date of this bill, at which time Section 4.5 of this bill shall become operative, and Section 4 of this bill shall not become operative. SEC. 7. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. SEC. 8. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure the efficient operation and provision of court-related services in San Bernardino County, it is necessary for this act to take effect immediately.