BILL ANALYSIS �
SB 803
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Date of Hearing: June 18, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 803 (DeSaulnier) - As Amended: January 6, 2014
SENATE VOTE : 31-1
SUBJECT : Local government: counties: consolidation of offices.
SUMMARY : Allows the Contra Costa County Board of Supervisors to
convert the elected Public Administrator's Office into an
appointed position, to consolidate it with the Public Guardian's
Office, and to separate the consolidated Offices of District
Attorney and Public Guardian.
EXISTING LAW :
1)Requires voters in each county to elect specified county
officers, including the Public Administrator.
2)Allows county Boards of Supervisors to appoint several other
officers, including the Public Guardian.
3)Allows county Boards of Supervisors to convert elected offices
into appointed offices with voter approval.
4)Allows the Board of Supervisors of specified counties to
provide, by ordinance, that the Public Administrator be
appointed by the Board.
5)Allows the Boards of Supervisors of specified counties, by
ordinance, to appoint the same person to the Offices of Public
Administrator and Public Guardian.
6)Allows the Boards of Supervisors of specified counties to
separate the consolidated Offices of District Attorney and
Public Administrator, as specified.
FISCAL EFFECT : None
COMMENTS :
1)Purpose of this bill . This bill allows the Contra Costa
County Board of Supervisors to adopt an ordinance to convert
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the Public Administrator's Office from an elected position to
an appointed position. The bill also adds Contra Costa County
to the list of counties that can appoint the same person to
the Offices of Public Administrator and Public Guardian, and
that can separate the consolidated Offices of District
Attorney and Public Administrator. This bill is sponsored by
the Contra Costa County District Attorney's Office.
2)Author's statement . According to the author, "SB 803 is a
district bill to grant authority to the Contra Costa County
Board of Supervisors to consolidate the functions of the
Public Administrator and the Public Guardian. The Public
Administrator manages the estate of those who die with no
will, a contested will, or without an appropriate person to
manage their estate according to the decedent's wishes.
Currently in Contra Costa County, the Public Administrator
functions reside with the District Attorney's Office while the
Public Guardian function resides with the Health Services
Department. The Public Guardian serves as the legally
appointed guardian or conservator for persons found by the
Courts to be unable to take care of themselves or their
assets. Due to the similar nature of both positions, County
officials would like to convert the Office of Public
Administrator from an elected to an appointed position and
formally consolidate the Public Administrator with the Public
Guardian."
3)Background . A Public Administrator manages the estate of
persons who die without a will, with a contested will, or
without an appropriate person to manage their estate according
to the decedent's wishes. The duties of a Public
Administrator include searching for next of kin, making
arrangements for disposition of the decedent's body, and
dealing with assets and debts of the decedent's estate.
A Public Guardian serves as the legally appointed guardian or
conservator for persons found by the Courts to be unable to
take care of themselves or their assets. These individuals
are usually older, frail and vulnerable adults who are at risk
or have been a victim of abuse or neglect. Duties of the
Public Guardian can include creating a care plan, creating a
financial plan, paying client expenses, dealing with assets
and debts, and managing investments.
4)Contra Costa County . Contra Costa County officials have
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identified only five other counties that continue to house the
Public Administrator with the District Attorney's Office.
According to the Contra Costa County District Attorney's
Office, "Because the Public Guardian assists the public by
providing estate conservatorship services?and the Public
Administrator administers estates of persons who die without a
will or without an appropriate person to act as an
administrator, there would appear to be a natural nexus
between these functions. Further, this is the type of service
that the public might naturally look for in a health or social
service department rather than a law enforcement agency."
5)Legislative precedent . The Legislature has allowed thirteen
counties to convert the Public Administrator's Office from an
elected to an appointed position (Amador, Glenn, Lake, Lassen,
Madera, Mendocino, Monterey, Napa, Solano, Sonoma, Trinity,
Tuolumne, and Ventura).
The Legislature has allowed eight counties to appoint the same
person to the Offices of Public Administrator and Public
Guardian (Amador, Glen, Kings, Lassen, Monterey, Solano,
Sonoma, and Ventura).
The Legislature also has allowed nine counties to separate the
consolidated Offices of District Attorney and Public
Administrator (Amador, Glen, Lake, Lassen, Madera, Mendocino,
Napa, Trinity, and Tuolumne).
6)Arguments in support . The Contra Costa County District
Attorney's Office, sponsor of this bill, states that this bill
"will allow the County the opportunity to achieve efficiencies
through consolidation of offices that provide very similar
functions."
7)Arguments in opposition . None on file.
REGISTERED SUPPORT / OPPOSITION :
Support
Contra Costa County District Attorney's Office [SPONSOR]
Contra Costa County Board of Supervisors
Opposition
None on file
SB 803
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Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958