San Mateo County Charter

(Complete Current and Revised Text)


Introductory Note

The existing San Mateo County Charter was last revised in June, 1993. The full text of the proposed revised Charter is given in the Sample Ballot & Voter Information Pamphlet. The text below includes the current Charter, with text to be struck out emphasized like this text with replacement text to be inserted indicated like this text. Text appearing in this normal typeface remains the same in the revised Charter. Article titles and section headings are unchanged. [Notes giving dates the current Charter sections were amended are for information only, and are not a part of the formal Charter text.]

For the convenience of World Wide Web users, the hypertext link [Next Change] will take you to the next section to be changed if the revised Charter is approved by a simple majority of voters on November 7, 1995. This revised Charter was approved by the San Mateo County Board of Supervisors at its regular meeting on June 27, 1995, for submission to the voters to be ratified and adopted as the Charter of the County of San Mateo, pursuant to Article VIII, Section 801.

Measure B, also on the ballot November 7, 1995, would combine the elective offices of Coroner and Sheriff, affecting sections 404, 407, and 411. These sections in the proposed revised Charter are cross-referenced to the Measure B materials for voters' convenience.


San Mateo County Charter


Board Members:

Ruben Barrales
Mary Griffin
Tom Huening
Ted Lempert, President
Michael Nevin

John Maltbie, County Manager
Tom Casey, County Counsel
Richard L. Silver, Chief Clerk

Last Revised June 1993

Table of Contents

FORWARD

PREAMBLE

ARTICLE I - POWERS OF THE ELECTORS

101. Elections
102. Initiative, Referendum, Recall and Charter Change

ARTICLE II - BOARD OF SUPERVISORS

201. Governing Body
202. Election [Technical revision]
203. Vacancies [Substantive revision]
204. Ineligibility for Appointments
205. Meetings [Substantive revision]
206. Powers and Duties [Substantive revision]
207. Communication with Employees
[Substantive revision]
303. Vacancy
304. Compensation [Technical revision]
305. Duties
306. Board Meetings

ARTICLE IV - DEPARTMENT HEADS, BOARDS AND COMMISSIONS

401. Powers and Duties
402. Assessor-County Clerk-Recorder
403. Controller
404. Coroner [Measure B Effects]
405. (Repealed, June 1993)
406. District Attorney shall be elected.
407. Sheriff [Measure B Effects]
408. Superintendent of Schools
409. Treasurer-Tax Collector
410. County Counsel
411. Separation of Offices of Coroner and Sheriff [Measure B Effects]
412. Term of Elective Offices
413. Department Heads
414. Boards and Commissions [Substantive revision]
415. Vacancies [Substantive revision]
416. First Appointment

ARTICLE V - PERSONNEL

501. Personnel Policy
502. Classified and Unclassified Services [Substantive revision]
503. Status of Present Employees
504. Civil Service Commission [Substantive revision]
505. Civil Service Commission Rules
506. Disciplinary Action
507. Hearings and Appeals
508. Compensation
509. Attention to Duties
510. Conflicts of Interest
511. Nepotism
512. Political Activities

ARTICLE VI - FINANCE

601. Fiscal Provisions
602. Controller
603. Annual Audits
604. Deposits
605. Travel Expenses
606. Preference to County Products
607. Park and Open Space Program [Technical revision]

ARTICLE VII - JUDICIARY

ARTICLE VIII - GENERAL

801. Charter Review


FORWARD

[Note: The Forward provides background information about the Charter but is not a part of the Charter itself. This text was taken from the San Mateo County Ordinance Code.]

The general purpose of a county charter is to provide a measure of home rule to the counties of the state. Authority to adopt charters is conferred upon counties by Article XI, Section 7 1/2, of the Constitution of the State of California.

Such charters, when ratified by the voters of the county and accepted and filed by the Secretary of State, become the organic law of the counties relative to matters therein which are authorized by the State Constitution, and supersede all laws inconsistent therewith.

As provided by the Government Code of the State of California, the Clerk of the Board of Supervisors, or the County Clerk, if serving as ex-officio Clerk of the Board of Supervisors, is the official custodian of the County Ordinance Code and the County Charter in Counties that have adopted a County Charter.

It is the responsibility of the Clerk to insure that any and all amendments, additions and deletions are properly made and incorporated into the Charter, and that the Secretary of State be properly notified, within thirty (30) days of any changes to the Charter, and that the Secretary of State's Certification of Change be filed in the Clerk's office.

The Charter of the County of San Mateo was duly ratified by the qualified electors of the county at an election held on the 8th day of November 1932, was approved by the State Legislature and filed in the office of the Secretary of State of California on the 28th day of January 1933. Since that time, the Charter has been amended by the electorate in November 1936; June 1937; November 1940; November 1942; November 1946; November 1948; November 1956; April 1961; April 1965; November 1966; June 1970; June 1972; November 1972; June 1974; March 1977 and June 1978.

A complete revision of the Charter was ratified by the voters November 7, 1978, and filed with the Secretary of State on November 30, 1978. Since that time, the Charter was amended by the electorate in November 1980, November 1987, and June 1993.



San Mateo County Charter


PREAMBLE

We, the people of San Mateo County, adopt this Charter to provide a local government responsive to our social, economic, physical and environmental needs and goals in a democratic, just and efficient manner.


ARTICLE I - POWERS OF THE ELECTORS

101. Elections.

Except as otherwise provided in this Charter, all elections to nominate or elect candidates and to vote on ballot questions shall be conducted pursuant to the general law of the State of California.

Candidates shall pay for the cost of their statement of qualifications in the ballot pamphlet unless the Board of Supervisors determines otherwise.

102. Initiative, Referendum, Recall and Charter Change.

The electors of the County may by majority vote and pursuant to general law:

ARTICLE II - BOARD OF SUPERVISORS

201. Governing Body.

The Board of Supervisors is the governing body of the County of San Mateo. The Board consists of five members.

202. Election.

Supervisors are elected at large. The five supervisorial districts shall be apportioned by ordinance pursuant to general law.

Candidates for the office of Supervisor shall be electors in the district which they seek to represent. If a Supervisor ceases to reside in that district, the seat becomes vacant.

Except as otherwise provided in this Charter, Supervisors shall be nominated and elected pursuant to general law for a term of four years. Supervisors shall not be eligible for election to nor serve more than three consecutive terms in office, provided that service prior to January 1981 shall not be counted toward such three-term restriction. [Amended November 1980]

203. Vacancies.

If a vacancy occurs on the Board of Supervisors, the Board may shall, within 30 days of the effective date of the vacancy, call either make an appointment or order the calling of a special election to fill the vacancy. If the Board does not make an appointment or call a special election within 30 days, the vacancy shall be filled as provided by general law the county officer responsible for conducting elections shall immediately order a special election to be called to fill the vacancy.

The special election shall be held not less than 102 days and not more than 131 days from the order calling the election, except that it may be held on an election date regularly established by general law if that date falls within 270 days from the order calling the special election.

The election shall be conducted pursuant to the general law governing the direct primary so far as applicable, except that the County Clerk the county officer responsible for conducting county elections may prescribe the periods for securing signatures in lieu of a filing fee, for circulating and filing nomination papers, for publishing the notice of election and for applying for absentee ballots. The candidate receiving the highest number of votes is elected for the remainder of the term. [Next Change]

204. Ineligibility for Appointments.

No Supervisor during the term of office or for one year thereafter is eligible for appointment to any County office, position or employment carrying compensation except for reimbursement of authorized expenses.

205. Meetings.

The Board shall meet in regular session at least once in each of four weeks every month unless a regular meeting day is a holiday. The Board shall provide by ordinance for the manner, time and place of holding all regular meetings and for the procedure for calling special meetings. [Next Change]

206. Powers and Duties.

The Board of Supervisors shall have all the powers and shall perform all the duties vested in it by the Constitution, general law and this Charter.

207. Communication with Employees.

A Supervisor shall communicate recommendations or instructions to officers and employees under the County Manager's supervision only through the Manager. This section does not limit a Supervisor's right to obtain information.

ARTICLE III - COUNTY MANAGER

301. Chief Administrative Officer.

The County Manager is the chief administrative officer of the County.

302. Appointment and Removal.

The County Manager shall be appointed by the Board of Supervisors on the basis of executive and administrative qualifications and experience.

Applicants for the position of County Manager shall be solicited widely and shall be screened by the usual personnel procedure. The Personnel Director shall then Board of Supervisors shall select a panel competent to evaluate the qualifications of the candidates. The panel shall interview the screened candidates and submit to the Board of Supervisors a list of from three five to seven of the best qualified candidates. The Board shall make its selection from this list.

The County Manager is evaluated by the Board, serves at its pleasure and may be removed by an affirmative vote of three of its members. [Next Change]

303. Vacancy.

In the event of a vacancy or disability, the Board of Supervisors shall immediately appoint a County officer or employee to serve as Acting County Manager until the Board either determines that the Manager is able to resume the duties of the office or appoints a new County Manager.

304. Compensation.

The County Manager's compensation shall be commensurate with the responsibilities of the a chief administrative officer. The Manager may not engage in any other business or occupation. [Next Change]

305. Duties.

The County Manager is responsible to the Board of Supervisors for the proper and efficient administration of the County government. The Manager shall:

The County Manager shall have such other powers and shall perform such other duties as are consistent with this Charter.

306. Board Meetings.

The County Manager may attend any meeting of the Board of Supervisors, except that attendance at a meeting at which the Manager's evaluation or removal is considered shall be at the Board's discretion.

The County Manager may participate in the deliberations of the Board but may not vote.

ARTICLE IV
DEPARTMENT HEADS, BOARDS AND COMMISSIONS

401. Powers and Duties.

Department heads, boards and commissions shall have all the powers and shall perform all the duties vested in them by this Charter, by ordinance, and by general law when not in conflict with ordinances adopted pursuant to the Charter.

All department heads and officers of the County, both elected and appointed, shall cooperate with the County Manager so that the Manager may achieve complete coordination of all County activities.

402. Assessor-County Clerk-Recorder.

The Assessor-County Clerk-Recorder shall be elected. The Board of Supervisors, at any time by ordinance, may transfer all non-court related County Clerk duties as authorized by General Law. (Amended June 1993)

403. Controller.

The Controller shall be elected.

404. Coroner.

The Coroner shall be elected. [Note: Measure B would repeal this section if passed.]

405. (Repealed, June 1993)

The Controller shall be elected.

406. District Attorney.

The District Attorney shall be elected.

407. Sheriff.

The Sheriff shall be elected. [Note: Measure B would amend this section if passed.]

408. Superintendent of Schools. (Repealed November, 1987)

409. Treasurer-Tax Collector.

The Treasurer-Tax Collector shall be elected.

410. County Counsel.

The Board of Supervisors shall appoint a County Counsel. (Amended November, 1987)

411. Separation of Offices of Coroner and Sheriff.

The offices of Coroner and Sheriff may not be combined. [Note: Measure B would repeal this section if passed.]

412. Term of Elective Offices.

The term of office of all elected officers is four years. The officers shall serve until their successors are qualified unless sooner removed as provided by this Charter or general law.

413. Department Heads.

The position of department head shall be designated by ordinance. Department heads shall have and may delegate the power to appoint, supervise, suspend and remove all persons employed in their departments subject to the provisions of Article V.

414. Boards and Commissions.

County boards and commissions are those required by general law and those established by ordinance.

Members of boards and commissions shall be County residents. If a member ceases to reside in the County, the seat becomes vacant. However, the Board of Supervisors may provide that less than a quorum of any advisory committee may be composed of members who are not County residents.

The Board of Supervisors, by ordinance, shall establish terms of office and may provide for the qualifications of members of boards and commissions and for their compensation. Qualifications for members of the Civil Service Commission are prescribed in Article V. [Next Change]

415. Vacancies.

The Board of Supervisors shall provide for public notice of vacancies on boards and commissions and of the method by which citizens may apply for appointments.

If a vacancy occurs in an elective office other than the Board of Supervisors, the Board shall fill it as provided by general law within 30 days of the effective date of the vacancy, either make an appointment or order the calling of a special election to fill the vacancy. If the Board does not make an appointment or call a special election within 30 days, the county officer responsible for conducting county elections shall immediately order a special election to be called to fill the vacancy. The appointee shall hold office for the remainder of the term.

The special election shall be held not less than 102 days and not more than 131 days from the order calling the election, except that it may be held on an election date regularly established by general law if that date falls within 270 days from the order calling the special election.

The election shall be conducted pursuant to the general law governing the direct primary so far as applicable, except the county officer responsible for conducting county elections may prescribe the periods for securing signatures in lieu of a filing fee, for circulating and filing nomination papers, for publishing the notice of election and for applying for absentee ballots. The candidate receiving the highest number of votes is elected for the remainder of the term. [Next Change]

416. First Appointment.

The first appointment to any office which had previously been elective shall be effective at the conclusion of the term for which the office was last filled by election.

ARTICLE V - PERSONNEL

501. Personnel Policy.

It shall be the policy of the County to recruit, select and retain the best qualified officers and employees and to effect equal opportunity for all persons at all levels of County employment.

Appointments and promotions shall be made on the basis of merit and in conformity with the principles of equal opportunity and affirmative action.

Equality of employment rights shall not be abridged or denied to persons employed or seeking employment on the basis of race, color, sex, age, national origin, handicap, religious or political opinion or affiliation, or union membership.

502. Classified and Unclassified Services.

503. Status of Present Employees.

Incumbents in positions which are removed from the classified service shall remain in the classified service if they have permanent status in the position on the effective date of the change.

Incumbents in positions which become classified shall have permanent status if they have occupied the position for one year unless the Civil Service Commission establishes a different probationary period. If they have occupied the position for three months but are not yet eligible for permanent status, they shall be probationary employees.

504. Civil Service Commission.

The Civil Service Commission consists of five electors of the County appointed by the Board of Supervisors for four-year terms. There shall be one member from each supervisorial district. No commissioner may be a County employee. The Board of Supervisors may remove members of the Civil Service Commission for cause or the Board of Supervisors may remove a member without cause upon a four-fifths (4/5ths) vote of the Board of Supervisors.

Commission rules shall provide for regularly scheduled public meetings and for the procedure for calling special meetings. (Amended November, 1987) [Next Change]

505. Civil Service Commission Rules.

The Commission shall prescribe rules to insure the selection and retention of employees in the classified service on the basis of merit and fitness. The rules are binding on all officers, boards, commissions and employees. The Commission may inspect the records of any county office or department to insure adherence to this Article and the rules of the Commission. It shall hold public hearings before adopting or amending rules.

506. Disciplinary Action.

Employees in the classified and unclassified service may be suspended without pay, demoted or dismissed. No permanent employee in the classified service may be suspended, demoted or dismissed except for reasonable cause. (Amended November 1980)

507. Hearings and Appeals.

508. Compensation.

The Board of Supervisors shall by ordinance or resolution establish the pay and benefits of employees. When applicable, such compensation shall be determined after meeting and conferring with recognized employee organizations.

509. Attention to Duties.

No appointive officer or employee serving with compensation may engage in any other business or occupation during working hours.

510. Conflicts of Interest.

All laws pertaining to conflicts of interest shall be applicable to all officers, employees and members of boards and commissions.

511. Nepotism.

A person may not be appointed to any position which is under the line of supervision of a relative to the third degree by blood or marriage.

512. Political Activities.

County officers and employees shall not engage in political activities during working hours nor engage in political activities on County premises. The Board of Supervisors shall, by ordinance, adopt rules for implementation of this provision. (Amended November, 1987)

ARTICLE VI - FINANCE

601. Fiscal Provisions.

General law shall govern the assessment of property, the levy and collection of taxes, the adoption of the County budget, and the appropriation, accounting and transfer of funds unless otherwise provided for in this Charter or by ordinance.

602. Controller.

The Controller is the chief accounting and auditing officer of the County. The Controller shall:

603. Annual Audits.

The Board of Supervisors shall have an annual audit made by a certified public accountant. The auditor shall report on the County's financial transactions and records and the effectiveness of internal controls.

604. Deposits.

All monies received by a County office or agency shall be reported to the Controller and deposited with the Treasurer not later than the business day following receipt unless a later date is authorized by ordinance.

605. Travel Expenses.

The Board of Supervisors shall establish by ordinance a maximum reimbursement for authorized travel expenses. An itemized account of expenses shall be filed with and approved by the Controller before payment is made.

606. Preference to County Products.

When the combinations of price, quality, terms and conditions of sale are substantially equal, the County shall give preference in purchasing to San Mateo County goods, services and suppliers.

607. Park and Open Space Program.

ARTICLE VII - JUDICIARY

The court system of the County is that provided by the general law of the State.

ARTICLE VIII - GENERAL

801. Charter Review.

The Board of Supervisors shall convene a Charter review committee within eight years of the last complete Charter review. The committee shall review the Charter and, after public hearings, make appropriate recommendations for amendment or revision to the Board.

802. Constitutionality.

If any provision of this Charter or its application to any person or circumstance is held invalid, the remainder of the Charter and the application of the provision to other persons or circumstances shall not be affected.

[Charter last revised June 1993]


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