BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 803 HEARING: 1/15/14
AUTHOR: DeSaulnier FISCAL: No
VERSION: 1/6/14 TAX LEVY: No
CONSULTANT: Urquiza
CONTRA COSTA COUNTY'S PUBLIC ADMINISTRATOR
Allows Contra Costa County to convert the elected public
administrator's office into an appointed position that is
consolidated with the public guardian's office.
Background and Existing Law
State law establishes numerous county officers, including a
public administrator and a public guardian. A county
public administrator administers the estates of people who
die without a will, any known relatives, or any other
qualified person willing or able to administer their
estates. A county public guardian acts as the legally
appointed guardian or conservator for people found to be
unable to properly care for themselves or their finances.
State law requires voters to elect 10 county officers,
including the public administrator. Counties can appoint
several other officers, including the public guardian.
County supervisors can convert elected offices into
appointed offices with voter approval.
The Legislature has allowed thirteen counties to convert
the public administrator's office from an elected to an
appointed position: Mendocino County (SB 1814, Keene,
1982), Lake County (SB 650, Nielsen, 1985), Madera County
(AB 3524, Costa, 1990), Trinity County (AB 3352, Gotch,
1994), Solano County (AB 766, Wiggins, 2000), Tuolumne
County (AB 2717, House, 2000), Glenn County (AB 209,
Dickerson, 2001), Napa County (SB 570, Chesbro, 2003),
Sonoma County (AB 1318, Evans, 2005), Lassen County and
Monterey County (SB 282, Maldonado, 2005), Ventura County
(AB 2343, Caballero, 2008) and Amador County (SB 113,
Committee on Local Government, 2009).
The Legislature also has allowed eight counties to
SB 803 -- 1/6/14 -- Page 2
consolidate the offices of public administrator and public
guardian: Solano County (AB 766, Wiggins, 2000), Glenn
County (AB 209, Dickerson, 2001), Sonoma County (AB 1318,
Evans, 2005), Lassen County and Monterey County (SB 282,
Maldonado, 2005), Ventura County and Kings County (AB 2343,
Caballero, 2008), and Amador County (SB 113, Committee on
Local Government, 2009).
The Legislature has allowed ten counties to separate the
consolidated offices of district attorney and public
administrator: Mendocino County (SB 1814, Keene, 1982),
Lake County (SB 650, Nielsen, 1985), Madera County (AB
3524, Costa, 1990), Trinity County (AB 3352, Gotch, 1994),
Tuolumne County (AB 2717, House, 2000), Glenn County (AB
209, Dickerson, 2001), Napa County (SB 570, Chesbro, 2003),
Lassen County (SB 282, Maldonado, 2005), and Amador County
(SB 113, Committee on Local Government, 2009).
In Contra Costa County, the public administrator function
resides with the District Attorney's Office, while the
public guardian function resides with the Health Services
Department. Contra Costa County officials have identified
only four other counties that continue to house the public
administrator with the district attorney's office. Contra
Costa County officials want to separate the offices of
district attorney and public administrator. They also want
to convert the office of public administrator from an
elected to an appointed position and formally consolidate
the public administrator with the public guardian.
Proposed Law
Senate Bill 803 allows Contra Costa County supervisors to
adopt an ordinance to convert the public administrator's
office from an elected to an appointed position. SB 803
also adds Contra Costa County to the list of counties that
may appoint the same person to the offices of public
administrator and public guardian and separate the
consolidated offices of district attorney and public
administrator.
State Revenue Impact
No estimate.
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Comments
1. Home rule. County governments are 19th Century
institutions struggling to cope with 21st Century problems.
Because the public administrator and public guardian
perform related functions, Contra Costa County officials
want to combine the offices to achieve management and cost
efficiencies. SB 803 gives Contra Costa County supervisors
the flexibility to organize county operations in a way that
responds to their constituents' needs.
2. The right to vote. Current law requires majority voter
approval before county supervisors can convert the public
administrator from an elected position to an appointed
position. SB 803 allows Contra Costa County supervisors to
make the public administrator an appointed office without
voter approval, although residents could still force a
referendum on the conversion. In some counties, having a
separate, independently-elected official representing all
county residents provides a degree of independence and
authority that county residents value. It is unclear
whether allowing the conversion to an appointed position
without voter approval protects the public's interest in an
independently-elected public administrator. On a
case-by-case basis, legislators have given thirteen
counties the authority to convert the public administrator
office from an elected to an appointed position. The
Committee may wish to consider whether the circumstances in
Contra Costa County justify converting the public
administrator from and elected to an appointed position
without first getting voter approval.
4. Special legislation. The California Constitution
prohibits special legislation when a general law can apply
(Article IV, Sec. 16). SB 803 contains findings and
declarations explaining the need for legislation that
applies only to Contra Costa County.
5. Gut-and-amend . As introduced, SB 803 contained language
relating to offenses involving falsifying documents. The
Committee never heard that version of the bill. The
January 6 amendments deleted the bill's contents and
inserted the language relating to Contra Costa County's
consolidation of public offices.
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Support and Opposition (1/9/14)
Support : Contra Costa County District Attorney's Office
Opposition : Unknown.