Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012
 

Additional Government Code Provisions

Provisions Relating to Consolidation of County Offices

TITLE 3. GOVERNMENT OF COUNTIES

DIVISION 2. OFFICERS

PART 1. OFFICERS GENERALLY

CHAPTER 7. Consolidation of Offices

Chapter 7. Consolidation of Offices

24300. Consolidations authorized; term of office. By ordinance the board of supervisors may consolidate the duties of certain of the county offices in one or more of these combinations:

(a) Sheriff and tax collector.

(b) Auditor and recorder.

(c) County clerk, auditor, and recorder.

(d) County clerk and public administrator.

(e) County clerk and recorder.

(f) County clerk and auditor.

(g) Treasurer and tax collector.

(h) Treasurer and recorder.

(i) Treasurer and assessor.

(j) Treasurer and public administrator.

(k) Public administrator and coroner.

(l) District attorney and public administrator.

(m) District attorney and coroner.

(n) Sheriff and coroner.

(o) Sheriff and public administrator.

(p) County agricultural commissioner and county sealer of weights and measures.

(q) Road commissioner and surveyor. A county may create an office entitled public works director, combining the duties of road commissioner and surveyor and any other compatible duties not legally required to be performed by another county officer.

(r) County surveyor and director of transportation.

By the ordinance that consolidates the duties of the appointive county offices described in subdivision (p), notwithstanding Section 2122 and Sections 2181 to 2187, inclusive, of the Food and Agricultural Code, and Sections 12200 and 12214 of the Business and Professions Code, the board of supervisors may provide that the first term only of the newly consolidated office expires when the first of the remaining unexpired terms of the two unconsolidated offices would have expired. Where a vacancy in either of the unconsolidated offices exists the term of office of the newly consolidated office shall be the longer of the remaining unexpired terms.

History.—Added by Stats. 1947, Ch. 424, in effect September 19, 1947. Stats. 1987, Ch. 544, in effect January 1, 1988, added the second paragraph. Amended by Stats. 2005, Ch. 407 (AB 1318), in effect January 1, 2006.

24300.5. Ordinance consolidating offices of auditor, controller, treasurer, etc. In addition to the duties of the county offices which may be consolidated under the provisions of Section 24300, the board of supervisors may by ordinance consolidate the offices of auditor, controller, treasurer, tax collector, and director of finance.

History.—Added by Stats. 1969, Ch. 638, in effect November 10, 1969.

24301. Reconsolidation; separation. If the duties of officers are consolidated pursuant to this chapter, the board of supervisors, by ordinance, may elect to separate the duties so consolidated, and reconsolidate them in any other manner permitted by this chapter or separate the duties without reconsolidation, and provide that the duties of each office shall be performed by a separate person, if it deems the change to be in the public interest.

History.—Added by Stats. 1947, Ch. 424, in effect September 19, 1947.

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24302. Oath, bond, duties, and compensation. When the duties of offices are united and consolidated, the person elected to fill the united and consolidated offices shall take the oath and give the bond required for each, discharge all the duties pertaining to each, and receive the compensation of the offices the duties of which are consolidated.

History.—Added by Stats. 1947, Ch. 424, in effect September 19, 1947.

24303. Failure to consolidate offices. When there is an omission by the board of supervisors to consolidate the duties of offices as authorized in this chapter and to advertise the ordinance of consolidation, each office not so consolidated shall be filled in the manner provided by law.

History.—Added by Stats. 1947, Ch. 424, in effect September 19, 1947.

24304. Counties of thirteenth to fifty-seventh classes; consolidation of duties of county offices; combinations authorized. Notwithstanding the provisions of Section 24300, in counties of the 13th to 58th classes, inclusive, the board of supervisors by ordinance may consolidate the duties of certain of the county offices in one or more of these combinations:

(a) Sheriff and tax collector.

(b) Auditor and recorder.

(c) County clerk, auditor, and recorder.

(d) County clerk and public administrator.

(e) County clerk and recorder.

(f) County clerk and auditor.

(g) Treasurer and tax collector.

(h) Treasurer and recorder.

(i) Treasurer and assessor.

(j) Treasurer and public administrator.

(k) Public administrator and coroner.

(l) District attorney and public administrator.

(m) District attorney and coroner.

(n) Sheriff and coroner.

(o) Sheriff and public administrator.

(p) County agricultural commissioner and county sealer of weights and measures.

(q) County clerk and tax collector.

(r) Treasurer, tax collector, and recorder.

(s) Sheriff, tax collector, and coroner.

(t) Coroner and health officer.

(u) Road commissioner and surveyor. A county may create an office entitled public works director, combining the duties of road commissioner and surveyor and any other compatible duties not legally required to be performed by another county officer.

(v) Sheriff, coroner, and public administrator.

(w) Treasurer, tax collector, and public administrator.

(x) County clerk, assessor, and recorder.

(y) Assessor and recorder.

(z) Tax collector/county clerk and treasurer.

History.—Added Stats. 1957, Ch. 1628, in effect September 11, 1957. Stats. 1971, Ch. 211, in effect March 4, 1972, added the second sentence to subdivision (u). Stats. 1990, Ch. 159, in effect January 1, 1991, added subdivisions (x) and (y). Stats. 1993, Ch. 1195, in effect January 1, 1994, substituted "58th" for "57th" after "13th to" in the first sentence; and added subdivision (z).

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24304.1. Consolidation of offices; counties of the 11th class. Notwithstanding the provisions of Section 24300, in counties of the 11th class, the board of supervisors by ordinance may consolidate the duties of certain of the county offices, in one or both of these combinations:

(a) County clerk, assessor, and recorder.

(b) Sheriff, coroner, and public administrator.

History.—Added by Stats. 1997, Ch. 703 (SB 162), in effect October 6, 1997.

24304.2. Sonoma and Tulare Counties; consolidation of offices. Notwithstanding Section 24300, in Mendocino County, Sonoma County and Tulare County, the board of supervisors, by ordinance, may consolidate the duties of the offices of Auditor-Controller and Treasurer-Tax Collector into the elected office of Auditor-Controller-Treasurer-Tax Collector.

History.—Added by Stats. 2005, Ch. 407 (AB 1318), in effect January 1, 2006. Stats. 2007, Ch. 343 (SB 144), in effect January 1, 2008, added "Mendocino County," after "Section 24300," and added a comma after "Sonoma County" in the first sentence.

Note.—Section 7 of Stats. 2005, Ch. 407 (AB 1318), provided that due to the unique circumstances of the Counties of Sonoma and Tulare, with respect to the reorganization of their county offices, the Legislature hereby finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. Therefore, the special legislation contained in this act is necessarily applicable only to the Counties of Sonoma and Tulare.

Note.—Section 32 of Stats. 2007, Ch. 343 (SB 144), provided that a special law is necessary and a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of Mendocino County. The facts constituting the special circumstances include the need to reorganize the structure and duties of county officers to reduce costs, increase productivity, and enhance public service in that county.

24304.5. Consolidation of offices of assessor and recorder in counties of 18th class. [Repealed by Stats. 1990, Ch. 159, in effect January 1, 1991.]

24304.7. Consolidation of offices of assessor and recorder in counties of 42nd class. [Repealed by Stats. 1990, Ch. 159, in effect January 1, 1991.]

24305. Consolidation of budgets of consolidated offices. When the duties of officers are consolidated pursuant to this chapter, the board of supervisors, by ordinance, may elect to consolidate the budgets of the offices the duties of which are consolidated.

History.—Added by Stats. 1963, Ch. 1225, in effect September 20, 1963.

24306. Los Angeles County; consolidation of offices. If the board of supervisors in counties having a population of 4,000,000 or more persons, consolidates two or more offices pursuant to statute or charter, the occupant of the consolidated office need not possess any of the qualifications required of the occupant of any of the separate offices which are consolidated if:

(a) No qualification applies to all of the offices consolidated; and

(b) The board finds that sufficient personnel possessing the qualifications required are employed in the consolidated office to assure that decisions made by the occupant of the office are based upon competent professional advice.

This section does not permit the occupant of such consolidated office to practice any profession or trade for the practice of which a license, permit or registration is required without such license, permit, or registration.

History.—Added by Stats. 1971, Ch. 141, in effect March 4, 1972. Stats. 1972, Ch. 1209, in effect March 7, 1973, substituted subdivision (b) for former subdivision (b).

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24306.5. Consolidation of offices in counties over 1,350,000 and not over 1,420,000 population; qualifications; practice of profession or trade without license, etc. In any county with a population of over 1,350,000 and not over 1,420,000 as determined by the 1970 federal decennial census, the board of supervisors may consolidate pursuant to ordinance or charter two or more offices, including the office of health officer, in order to integrate the delivery of health-related services within the county. The occupant of the consolidated office need not possess any of the particular qualifications required of the occupant of any of the separate offices that are consolidated if:

(a) No qualification applies to all of the offices consolidated; and

(b) The board finds that sufficient personnel possessing the particular qualifications required are employed in the consolidated office to assure that decisions made by the occupant of the office are based upon competent professional advice. The enforcement duties described in Sections 101030 and 101040 of the Health and Safety Code shall be discharged by a licensed physician and surgeon with the title of health officer. The health officer's enforcement responsibility is limited to decisions requiring technical medical judgments.

This section does not permit the occupant of the consolidated office to practice any profession or trade for the practice of which a license, permit or registration is required without the license, permit, or registration.

History.—Added by Stats. 1977, Ch. 1078, in effect January 1, 1978. Stats. 1996, Ch. 1023, in effect September 29, 1996, substituted "that" for "such" after the second sentence of the first paragraph, substituted "Sections 101030 and 101040" for "Sections 452 and 458" after "duties described in", subdivision (b), and substituted "the" for "such" after "the occupant of" and after "is required without" in the second paragraph.

24307. Los Angeles County; public buildings and facilities. In any county having a population of 4,000,000 or more, the board of supervisors may designate any county officer as responsible for all or any of the functions of acquiring, constructing, leasing, managing and maintaining public buildings and facilities, which may be consolidated into a single department or other organizational unit.

Such responsible county officer shall not be required to have any special permit, registration, or license, provided that if such functions include the practice of any profession or trade for which a license, permit or registration is required, then the individual directly involved in such practice shall possess or act only under the supervision of someone who possesses the appropriate license, permit, or registration. Where such responsibility is designated as described in this section, civil engineering work done for the county in the performance of such functions shall be accomplished under the authority of the responsible officer acting through a registered civil engineer. Responsibility for other civil engineering work shall remain with those officers currently designated.

History.—Added by Stats. 1973, Ch. 181, in effect July 6, 1973.

24308. Consolidation of county government duties; standards and requirements. (a) Notwithstanding Sections 24300 and 24304, the board of supervisors of any county may organize, pursuant to ordinance or charter, the delivery of any services for which county government is responsible under state law, into departments or agencies that provide multiple services, except those duties and responsibilities of other elected county officials mandated by the California Constitution or by statute. Any county board of supervisors that elects to organize the delivery of services may consolidate, integrate, or separate duties and functions of county offices and organizational units within departments, to the extent deemed necessary by the board of supervisors.

(b) All personnel, including the heads of units within departments organized pursuant to this section and formed from units formerly within other county departments, shall possess the particular qualifications required by the statutes governing provision of the services provided by those departments. These qualifications including standards of education and experience to assure competence appropriate for the direction of the departments or the local administration of county functions.

(c) This section shall not permit the occupant of a consolidated, integrated, or separated office to practice any profession or trade for the practice of which a license, permit, or registration is required, without that license, permit, or registration.

(d) This section shall not be construed to affect any other statutory or regulatory provision governing county services or programs, however reorganized or renamed, except for the organizational requirements specified in this section. In no case may a state department or agency reject a county plan required by the Health and Safety Code or the Welfare and Institutions

Code or regulations enacted pursuant to either of those codes or impose sanctions for any program or service due to the organization or reorganization of county departments as authorized under this section or Division 5 (commencing with Section 33200). Prior to taking action to reject a county plan or impose sanctions, the department or agency shall inform the county board of supervisors in writing of the deficiency.

History.—Added by Stats. 1993, Ch. 905, in effect October 8, 1993. Stats. 1994, Ch. 309, in effect January 1, 1995, added the second and third sentences in subdivision (d).

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