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CHARTER of the County of San Bernardino, California As amended by Charter Amendments Adopted through November 6, 2012 1

CHARTER of the County of San Bernardino, California › ... › SanBernardinoCoCharter.pdf4 San Bernardino County - Charter 9. Approved January 15, 1945; amends Article Ill, Section

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  • CHARTER

    of theCounty of San Bernardino, California

    As amended by Charter AmendmentsAdopted through November 6, 2012

    1

  • 2 San Bernardino County - Charter

  • CHARTER OF THE COUNTY OF SAN BERNARDINOSTATE OF CALIFORNIA

    FOREWORD

    “Even when laws have been written down, they ought not always to remain unaltered.”- Aristotle.

    The story of San Bernardino County's Charter before 1913 was the campaign for its adoption.The story after 1913 has been one of campaigns for its amendment.

    The Charter was framed and adopted in accordance with provisions of Section 7 1/2 of ArticleXI of the Constitution of California. A board of fifteen freeholders was selected at a special electionheld May 14, 1912. Drawn up by this board, the Charter was presented to the County electorsNovember 15, 1912. A majority favored adoption. Both houses of the State Legislature votedapproval and the Charter was filed with the Secretary of State, April 7, 1913.

    Since that time, 36 amendments to the original Charter have been proposed and 27 have beenadopted by the voters. Those amendments which have been adopted are:

    1. Approved by the Legislature January 30, 1915; published on Page 1726, Statutes andAmendments to the Codes, 1915; election of officers other than Supervisors.

    2. Approved March 24, 1919; published on Page 1454, Statutes and Amendments to theCodes, 1919; addition of Article 2 1/2.

    3. Approved January 29, 1923; published on Page 1294, Statutes and Amendments to theCodes, 1923; salary of Sheriff fixed.

    5. Approved January 27, 1925; published on Page 1185, Statutes and Amendments to theCodes, 1925; traffic officers.

    6. Approved January 18, 1927; copied in this book from a copy certified by the Secretary ofState and filed in the office of the Clerk of the Board of Supervisors of this County; salariesfixed by Supervisors.

    7. Approved January 6, 1943; amends Article I, Sections 1 and 2, election of Supervisors bydistrict, rather than County-wide balloting.

    8. Approved January 15, 1945; amends Article I, Section 10; provides salaries of Supervisorsto be fixed by legislature.

    3

  • 4 San Bernardino County - Charter

    9. Approved January 15, 1945; amends Article Ill, Section 1, provides number of officers inClass A Justice Court fixed by general law.

    10. Approved January 15, 1945; amends Article VIE, Section 1, Supervisors may suspendprovision prohibiting wartime raise in compensation for elective officers.

    12. Approved January 25, 1957 amends Article II, Section 9; establishes office of CountyCounsel.

    13. Approved January 25, 1957; amends Article II, Section 10; establishes office of Registrar ofVoters.

    17. Approved January 25, 1957; amends Article V, Section 2; provides filing of reports byCounty officers.

    18. Approved January 25, 1957; amends Article V, Section 6; provides inspection of books ofCounty and Judicial District Officers by Auditor.

    19. Approved January 25, 1957; amends Article VII, Section 1; fixes compensation of electiveofficers.

    20. Approved January 25, 1957; amends Article VII, Section 3; provides biweekly salarypayment.

    21. Approved January 25, 1957; adds Section 6 to Article 2 1/2; establishes County Board ofEducation.

    22. Approved February 19, 1959; amends Section I to Article IV; establishes office of CountyPurchasing Agent.

    23. Approved February 19, 1959; adds Section 4 1/2 to Article VII; provides for establishmentof fixed benefit retirement system for employees ineligible for federal insurance.

    24. Approved February 8, 1967; amends Article V relating to reports and accounts.

    25. Approved March 15, 1971; amends Articles I, II, Ill, IV, and VII, and repeals Articles 21/2 and VI to eliminate obsolete and unnecessary language and renumber Charterprovisions.

    26. Approved March 15, 1971; adds Section 1.1 to Article II and repeals Sections 9 and 10 ofArticle II and Article IV to place all County department heads in the Unclassified Service.

    28. Filed and operative December 26, 1974; repeals Section 6 of Article I and Sections 1 and 5of Article VI, to eliminate obsolete and unnecessary language and bring Charter intoconformity with the California Constitution.

  • Charter 5

    29. Filed and operative December 26, 1974; repeals Section 1.1 of Article II and amendsSections 2, 5, and 10 of Article II to bring Charter into conformity with CaliforniaConstitution and reflect and provide greater flexibility in the governmental structure andadministration of the County.

    30. Filed and operative May 2, 1979; adds Section 9 to Article I to provide procedures for andlimitations on setting of salaries for supervisors. (Repealed by Amendment 36, filed andoperative November 18, 1985).

    31. Filed and operative May 2, 1979; adds an unnumbered section to Article VI (Miscellaneous)requiring any increase in compensation of county-elected officers to be approved by thevoters. Initiative amendment. (Repealed by Amendment 36, filed and operative November18, 1985).

    33. Filed and operative November 16, 1981; adds Section 3A to Article II to make office ofCounty Clerk appointive rather than elective.

    36. Filed and operative November 18, 1985; adds Section I to Article VI to provide proceduresfor and limitations on setting of salaries for elected officials. Section 9 of Article I isrepealed; unnumbered initiative amendment in Article VI is repealed.

    37. Filed and operative November 7, 2006; adds Section 5 of Article VI to limit eminent domainand protect property rights.

    38. Filed and operative November 7, 2006; amends Section 2 of Article I to limit terms of officeand amends Section 1 of Article VI to set salaries for Board of Supervisors.

    39. Filed and operative November 4, 2008: adds Section 11 to Article II to establish a higherstandard of ethics for staff members of County elected officers.

    40. Filed and operative November 6, 2012: amends Section 1 of Article VI to enact a permanentcap on compensation and mandatory transparency for members of the County Board ofSupervisors.

    2013 S-7

  • 6 San Bernardino County - Charter

  • Charter 7

    ARTICLE I

    BOARD OF SUPERVISORS

    SECTION 1. The Board of Supervisors shallconsist of five members, one from eachsupervisorial district. The Supervisors shall benominated and elected at the time and in the mannerprovided by general laws, except that provided thateach supervisor shall be elected by the electors ofsuch district and not by the electors of the Countyat large.

    ELECTION OF BOARD OF SUPERVISORSBY DISTRICT

    SECTION 2. At each general election, there shallbe elected two or three supervisors, as the case maybe, for a term of four years beginning at noon onthe first Monday in December next following theirelection and ending at noon on the first Monday inDecember four years thereafter. Supervisors shallbe elected from the First, Third, and FifthSupervisorial Districts in those years in which apresidential election is held, and supervisors shallbe elected from the Second and FourthSupervisorial Districts in those years in which agubernatorial election is held. No person shall beelected and qualified for the office of member ofthe Board of Supervisors if such person has beenelected or served in such office for threeconsecutive terms, commencing with a term ofoffice that begins in December 2006. The limitationon terms shall not apply to any unexpired term towhich a person is elected or appointed if theremainder of the unexpired term to which a personis elected or appointed is less than one-half of thefull four-year term of office.

    TERM OF BOARD OF SUPERVISORS

    STAGGERED ELECTION OFSUPERVISORS

  • 8 San Bernardino County - Charter

    SECTION 3. The Board of Supervisors, and eachsupervisor, shall have and perform such powers andduties as are or shall be provided by general laws,except as otherwise provided in this Charter and notin conflict with the provisions hereof; and shallhave and perform such other and further powersand duties as are or shall be provided for in thisCharter.

    GENERAL POWER OF BOARD OFSUPERVISORS

    SECTION 4. At the first regular meeting of theBoard of Supervisors after noon of the first day ofJanuary following an election of supervisors, theBoard shall elect one of its members as Chairmanof the Board to serve until noon of the first Mondayafter the first day in January two years thereafter.

    ELECTION OF CHAIRMAN OF THEBOARD

    SECTION 5. The Chairman of the Board ofSupervisors shall be the general executive agent ofthe Board. It shall be his duty, subject to regulationand control by the Board, to exercise generalsupervision over the official conduct of all Countyofficers and officers of all districts and othersubdivisions of the County charged with theassessment, collection, safekeeping, management,or disbursement of public revenue; also over allCounty institutions, buildings and property. Heshall report to the Board from time to time withsuch recommendations as he shall deem proper. Heshall devote his entire time during usual officehours to the duties of his office. He shall keep anoffice in the room or rooms where the Boardusually meets, and shall be in attendance at suchoffice during usual office hours, except whenelsewhere engaged in the performance of hisofficial duties.

    DUTIES OF THE CHAIRMAN OF THEBOARD

    SECTION 6. Repealed by Amendment 28 filed andoperative December 26, 1974.

  • Charter 9

    SECTION 7. A supervisor may be removed fromoffice in the manner provided by law. Any vacancyin the office of supervisor will be filled byappointment by majority vote of the remainingmembers of the Board from amongst the qualifiedelectors of the supervisorial district in which suchvacancy exists. The appointee shall hold office untilthe election and qualification of his successor. Anelection shall be held to fill the vacancy for theunexpired term at the next general election unlessthe term expires on the first Monday of Decembernext succeeding the election. Nomination andelection of a supervisor for the unexpired term shallbe by district in like manner as hereinbeforeprovided for such officer. In the event the Board ofSupervisors shall not appoint to fill a vacancywithin a 30-day period, such appointment shall bemade by the Governor.

    REMOVAL OF SUPERVISOR: FILLINGOF VACANCY BY MEMBERS OF BOARD

    SECTION 8. It shall be the duty of the Board ofSupervisors by ordinance to insure that any electiveofficer required by general law to post individualbond shall do so and that any other County officersor employees required to be bonded shall becovered under a master bond.

    BONDS OF COUNTY OFFICERS ANDEMPLOYEES

    SECTION 9. Section 9 of Article I of the Charteris repealed.The unnumbered initiative amendment in ArticleVI added by County Charter Amendment NumberThirty-one is repealed.Repealed by Amendment 36, filed and operativeNovember 18, 1985.

  • 10 San Bernardino County - Charter

  • Charter 11

    ARTICLE II

    OTHER COUNTY OFFICERS

    SECTION 1. The County officers other thansupervisors shall be such officers as are required orauthorized by the Constitution, this Charter,general law or by ordinance of the Board ofSupervisors.

    COUNTY OFFICERS OTHER THANSUPERVISORS

    SECTION 2. The Board of Supervisors may, byordinance, consolidate any two or more Countyoffices or may separate any offices now or hereafterconsolidated. In the event of consolidation of anelective office with an appointive office, suchconsolidated office shall be filled in the samemanner in which the elective office is filled.

    BOARD OF SUPERVISORSCONSOLIDATING COUNTY OFFICES

    SECTION 3. All County offices in this County,now or hereafter existing, other than the office ofsupervisor, that would under the general laws ofthis State be filled by election, if no County Charterhad been adopted, are hereby declared to be and aremade elective County offices and the incumbentsthereof are declared to be and are made electiveCounty officers, and all such elective Countyofficers shall be elected at the general election atwhich the Governor is elected, and shall take officeat twelve o'clock meridian on the first Mondayafter the first day of January next succeeding theirelection and shall hold office until their successorsare elected or appointed and qualified, and all suchelective County officers shall be nominated andelected in the manner provided by general laws forthe nomination and election of such officers.

    COUNTY OFFICES DEEMED ELECTIVE

    WHEN COUNTY OFFICERS ELECTED

    TERM OF OFFICE, NOMINATION ANDELECTION OF COUNTY OFFICER

  • 12 San Bernardino County - Charter

    SECTION 3A. Notwithstanding the provisions ofSection 3 of this Article, the office of County Clerkshall be an appointive office to be filled and held inthe same manner as set forth in Section 4.

    OFFICE OF COUNTY CLERK

    SECTION 4. All County offices in this County thatwould, under the general laws, be filled byappointment if no County Charter had beenadopted, and all County offices hereafter created orexisting in this County under or pursuant to generallaw, in which such general law a method of fillingsuch offices by appointment is provided, are herebydeclared to be and are made appointive Countyoffices, and the incumbents thereof are declared tobe and are made appointive County officers; and allsuch appointive County offices be respectivelyfilled in the same manner, and by the sameappointing body or person as is provided in suchgeneral laws, and such appointive County officershall be appointed and hold office for the same timeand upon the same conditions as to tenure of officeand subject to the same right of removal as thoughsuch appointment had been made under suchgeneral laws provided nothing in this sectioncontained shall be deemed to relate to theappointment of assistants, deputies, attaches, andother persons to be employed in such appointiveoffices.

    COUNTY OFFICES DEEMEDAPPOINTIVE

    FILLING OF APPOINTIVE COUNTYOFFICES

  • Charter 13

    SECTION 5. The Board of Supervisors shallestablish, where not otherwise expressly providedby law, the number, qualifications, powers andduties of all County officers and employees.Compensation of officers and employees shall beestablished by ordinance. All such officers andemployees, except those designated by the Board ofSupervisors by ordinance shall be in the ClassifiedService of the County and subject to Civil Servicerules and regulations. Nothing herein shall bedeemed to impinge upon any authority otherwiseconferred by law upon an officer to appointdeputies. The appointment of any deputy must bemade in writing and filed in the office of theCounty Clerk, and until such appointment is somade and filed, no one shall be or act as suchdeputy. Nothing herein contained shall be deemedto limit the authority of the Board of Supervisors toemploy persons for positions in the UnclassifiedService and to fix their compensation by contract.

    BOARD OF SUPERVISORS SETSSTANDARDS FOR SUCH EMPLOYEES

    COMPENSATION OF COUNTYOFFICERS AND EMPLOYEES

    APPOINTMENT OF DEPUTY FILEDWITH COUNTY CLERK

    SECTION 6. Any County officer other thansupervisor may be removed from office in themanner provided by law; also any such officer maybe removed by a four-fifths vote of the Board ofSupervisors, for cause, after first serving upon suchofficer a written statement of alleged grounds forsuch removal, and giving him a reasonableopportunity to be heard in the way of explanation ordefense.

    NOTICE OF GROUNDS FOR REMOVAL;DEFENSE

    SECTION 7. Any vacancy in a County office otherthan that of supervisor, shall be filled by the Boardof Supervisors by appointment for the unexpiredterm.

    FILLING VACANCY IN COUNTY OFFICE

  • 14 San Bernardino County - Charter

    SECTION 8. Repealed by Amendment #26,approved March 15, 1971.

    SECTION 9. Repealed by Amendment #26,approved March 15, 1971.

    SECTION 10. Each county officer shall be theappointing authority for all assistants, deputies,clerks, attaches and other persons employed orserving in his office, whenever a vacancy shallexist.

    COUNTY OFFICER APPOINTINGASSISTANTS

  • Charter 14a

    SECTION 11. The staff members of the membersof the Board of Supervisors shall serve in theUnclassified Service at the pleasure of the Board ofSupervisors. The terms and conditions ofemployment of such staff members shall beestablished by contract approved by the Board ofSupervisors. A contract for such staff membersmay be terminated without cause, by approval ofindividual employing member of the Board ofSupervisors or the Board of Supervisors by fourvotes. Such staff members shall receive the sameethics training as is provided to members of theBoard of Supervisors pursuant to Government Code§§ 53234 et seq.

    Staff members of elected County officers otherthan Supervisor, at the level of assistant departmenthead or its equivalent level, shall serve in theUnclassified service at the pleasure of theappointing elected County officer, in that electedofficer's sole discretion. Except for the offices ofSheriff and District Attorney, qualifications for allstaff members in the Unclassified service, ofelected County officers other than Supervisor, shallbe established by the elected County officer andapproved by the Board of Supervisors. For theoffices of Sheriff and District Attorney, the personsto be appointed as Undersheriff shall be certified bythe California Commission on Peace OfficersStandards and Training (POST), and persons to beappointed as Assistant District Attorney shall be amember in good standing of the State Bar ofCalifornia. Elected County officers other thanSupervisor, and staff members of elected Countyofficers other than Supervisor at the level ofassistant department head or its equivalent level,shall receive the same ethics training as is providedto members of the Board of Supervisors pursuant toGovernment Code §§ 53234 et seq.

    This section shall not apply to the staff of theSuperintendent of Schools.

    HIGHER ETHICS STANDARDS FOR STAFFMEMBERS OF COUNTY ELECTEDOFFICERS

    2009 S-2

  • 14b San Bernardino County - Charter

  • Charter 15

    ARTICLE III

    JUSTICE COURT OFFICERS

    SECTION 1. There shall be one judge and oneconstable for each judicial district containing ajustice court.

    JUDGE AND CONSTABLE FOR JUSTICECOURT

    SECTION 2. Justice Court judges and constablesshall be nominated and elected at the times and inthe manner and for the terms provided by generallaw. Vacancies in the office of judge or constable ofa justice court shall be filled by majority vote of theBoard of Supervisors for the unexpired term.

    NOMINATING, ELECTING, FILLINGVACANCIES IN JUSTICE COURT

    SECTION 3. Compensation of justice court judgesand constables shall be fixed by the Board ofSupervisors and shall in every case be a fixed salarybut such salary need not be uniform in the justicecourts nor in proportion to population.

    COMPENSATION OF JUSTICE COURTOFFICIALS

  • 16 San Bernardino County - Charter

  • Charter 17

    ARTICLE IV

    Repealed by Amendment 26, approved March 15, 1971.

  • 18 San Bernardino County - Charter

  • Charter 19

    ARTICLE V

    REPORTS AND ACCOUNTS

    SECTION 1. Each County officer or employee incharge of any office, department, service orinstitution of the County, each officer of a judicialdistrict, each judge, or the clerk, secretary, or otheradministrative officer of each court of record andthe executive head of each special district whoseaffairs and funds are under the supervision andcontrol of the Board of Supervisors or for which theBoard is ex-officio the governing body shall, withinfive days or within an extension of time allowed bythe Board, after entering upon the discharge of theduties of his office, make and file with the Auditora complete detailed inventory of all propertybelonging or pertaining to his office, received byhim from his predecessor. The Auditor shall keepa Property Account" for each such officer oremployee, who shall be charged with all propertyreceived by him from his predecessor and allproperty thereafter received; and such officer oremployee shall be officially responsible for allproperty so charged to him until the same shallproperly be consumed, disposed of, or accountedfor as authorized or provided by the Board ofSupervisors or properly delivered to his successor.

    FILING OF INVENTORY UPONDISCHARGE OF DUTIES

    AUDITOR TO KEEP PROPERTYACCOUNT

    SECTION 2. Every such officer or employee shallannually as of the date and within the time specifiedby the Board of Supervisors, make and file with theAuditor an inventory showing in detail all Countyproperty in his possession or in his charge and shallreport in detail what property of or pertaining to hisoffice has during such period been lost, destroyed,consumed, transferred and to whom, or otherwisedisposed of.

    ANNUAL INVENTORY

  • 20 San Bernardino County - Charter

    SECTION 3. Every such officer or employee shallmonthly, within five days after the expiration ofeach calendar month, make and file with theAuditor an account for such month, showing indetail all moneys received by him, in his officialcapacity, from any and all sources, during suchmonth, and also, showing in detail the dispositionof any and all moneys received by him during suchmonth.

    MONTHLY REPORT TO AUDITOR

    SECTION 4. It shall be the duty of the Auditor toexamine and audit each and all such reports andaccounts as received by him and if it shall appear tohim that any such report or account is erroneous, ornot sufficiently full, complete or detailed, he shallforthwith, in writing, direct the attention of theofficer or employee making such report or accountto such apparent error or insufficiency, and requirefrom such officer or employee such correction orsuch new or supplemental or further report oraccount as the Auditor shall deem proper; and itshall be the duty of such officer or employee tocomply forthwith with such requirement of theAuditor.

    DUTIES OF AUDITOR UPON RECEIPTOF ABOVE REPORT

    SECTION 5. The Auditor shall not issue hiswarrant for the salary of any officer or employeewhose duty it is to make reports and accounts to theAuditor as aforesaid, until after such reports andaccounts shall have been made to the Auditor andaccepted by him.

    REPORT TO PRECEDE PAYMENT OFSALARY

  • Charter 21

    SECTION 6. It shall be the duty of the Auditor tomake thorough audits from time to time, and notless than annually, of all books, accounts, money,and securities of all departments, offices, boards,institutions, and special districts under the controlof the Board of Supervisors, of the methods ofkeeping the accounts, and of the existence andeffectiveness of internal controls in the transactingof the business of such departments, offices,boards, institutions, and special districts. It shall bethe duty of the Auditor to file with the Board ofSupervisors from time to time, and not less thanannually, written reports as to the condition ofaccounts and records of all departments, offices,boards, institutions, and special districts under thecontrol of the Board of Supervisors with suchcomments and recommendations as he shall deemproper to promote efficiency and economy; and itshall be his duty in such reports to point outparticularly any known or apparent misconduct,neglect, or failure in regard to official duty. It shallalso be the duty of the Auditor to make specialexaminations and reports as to any particular officeor officer whenever directed so to do by the Boardof Supervisors.

    AUDIT OF DEPARTMENTAL ACCOUNTS

    REPORT TO BOARD OF SUPERVISORS

    SECTION 7. The Auditor and the officer oremployee in charge of each department, office,board, institution, or special district shall jointlyprescribe in writing, subject to the approval of theBoard of Supervisors, such rules, regulations,forms and methods as to the keeping of theaccounts thereof as they shall deem necessary. TheAuditor shall prescribe in writing such rules andregulations, subject to the approval of the Board ofSupervisors, and forms and methods as to makingthe reports and accounts hereinbefore provided bythis Article as he shall deem necessary; and it shallbe the duty of each and every officer or employeeto comply therewith.

    BILLING AND REGULATIONSREGARDING KEEPING OF ACCOUNTS

  • 22 San Bernardino County - Charter

    SECTION 8. It shall be the duty of the Board ofSupervisors to employ from time to time, and notless than annually, an accountant, licensed by theState of California, whose duty shall be to make athorough audit and report as to the condition of theaccounts and records of the Auditor's office.Additionally, in the event of succession to the officeof Auditor of a new person through election orappointment, the Board of Supervisors shallcontract for the independent audit of that office inthe manner hereinbefore provided to commencewithin 15 days after the new Auditor assumes officeor as soon thereafter as may be practicable. TheBoard may, whenever it shall deem it necessary orexpedient so to do, employ an accountant, licensedby the State of California, to audit and report as toany other office or officer, independent of and inaddition to any report or account made or requiredto be made by the Auditor.

    LICENSED ACCOUNTANT TO AUDIT

    NEW AUDIT IN CASE OF NEW COUNTYAUDITOR

  • Charter 23

    ARTICLE VI

    MISCELLANEOUS

    SECTION 1. The annual compensation(including salary and benefits) of members of theBoard of Supervisors, shall be set by, but shallnever exceed, the average of the compensationpayable to members of the Board of Supervisorsin the following comparison California Counties:Riverside, Orange, and San Diego. For purposesof this section, “compensation” shall be definedas all salary paid, and the amount of all benefitspayable to the Board member or payable onbehalf of the Board member, but compensationshall not include amounts a county is otherwiselegally obligated to pay to third parties, includingbut not limited to employer contributions to adefined benefit retirement system, Medicare,workers compensation or Social Security, andreimbursement for reasonable and necessarybusiness expenses. Compensation shall be set asfollows: On December 1, 2013, compensation tobe paid to members of the Board of Supervisorsshall initially be established based on a survey ofthe compensation payable to members of theBoard of Supervisors in the comparison counties.If the compensation paid to members of the Boardof Supervisors is greater than the averagecompensation payable to Board members incomparison counties, salary shall be reduced suchthat compensation is within the comparisonamount. If the compensation paid to members ofthe Board of Supervisors is less than the averagecompensation payable to Board members in thecomparison counties, salary shall be increasedsuch that compensation does not exceed averagecompensation payable in the comparison counties.Thereafter, compensation shall be recomputedevery four years on December 1 based on a newsurvey of the compensation then payable tomembers of the Board of Supervisors in the

    COUNTY ELECTED OFFICIALS SALARIES

    2013 S-7

  • 24 San Bernardino County - Charter

    comparison counties. Notwithstanding theforegoing, no member of the Board ofSupervisors shall have the member'scompensation reduced during their current termof office.

    Commencing December 1, 2013, themaximum salary and benefits that every Countyelected official is eligible to receive shall beposted on the County website.

    COUNTY ELECTED OFFICIALS SALARIES

    The annual salaries of elected CountyOfficials, excepting that of Superintendent ofCounty Schools and other than members of theBoard of Supervisors, shall be set by, but shallnever exceed, the average of the salaries paid tocorresponding officials in the following CaliforniaCounties: Riverside, Kern, San Diego, Orangeand Ventura. The salaries shall be computed eachyear on December 1 as follows: On December 1,1985, 70% of the average, on December 1, 1986,80% of the average, on December 1, 1987, 90%of the average, and on December 1, 1988, andthereafter, 100% of the average; provided,however, that on December 1, 1989, and eachDecember 1 thereafter, regardless of the amountof increase in the average salaries from the othercounties, no increase shall exceed 4% of theannual salary of the elected official unlesssubmitted to and approved by the voters of thecounty at a county-wide election. Where nocomparable offices exist in a majority of namedcounties, the salary of the office shall be adjustedby the average of the percentage adjustments ofthe other county officials governed by thissection. No provision of this amendment shallprovide retroactive benefits. No salaryadjustment shall be made on December 1, 1985,for any elected official whose salary has beenadjusted since November 7, 1978, but suchsalaries shall be adjusted thereafter in accordancewith this section.

    SALARY OF COUNTY OFFICER IS FULLCOMPENSATION

    2013 S-7

  • Charter 25

    SECTION 2. In all cases in which an officer is toreceive a fixed salary, such salary shall be in fullcompensation for all service by such officer; andin all cases in which such officer is, by generallaw, entitled to charge or receive any fees orcommissions, it shall be the duty of such officerto charge, collect and receive such fees andcommissions, and to pay the same monthly to theCounty Treasurer; provided, that the necessaryactual traveling expenses properly incurred byany officer or by any assistant, deputy, clerk orattaché of such officer, in the performance of hisofficial duties, shall be a legal charge against theCounty.

    TRAVELLING EXPENSES LEGAL CHARGEAGAINST COUNTY

    SECTION 3. All annual salaries of officers,assistant, deputies, clerks and attaches, whetherfixed by general law or by this Charter or by theBoard of Supervisors, shall be payable in equalbiweekly or other period installments asdetermined by the Board of Supervisors.Compensation earned during any pay period shallnot be payable prior to the payday established forthat period.

    PAY PERIODS ESTABLISHED BY BOARDOF SUPERVISORS

    COMPENSATION NOT PAYABLE PRIORTO PAY DAY

    SECTION 4. The Board of Supervisors may, byordinance, provide for the appointment of a CivilService Commission and prescribe its duties andfix the compensation and terms of office of itsmembers; and the Board may prescribe such CivilService rules and regulations as they shall deemproper to govern themselves in the appointmentof any or all officers, assistants, deputies, clerksand attaches, whose appointment it is authorizedto make, by general law or by this Charter.

    APPOINTMENT AND REGULATION OFCIVIL SERVICE COMMISSION

    CIVIL SERVICE RULES ANDREGULATIONS

    2013 S-7

  • 26 San Bernardino County - Charter

    SECTION 5. The County may not exercise thepower of eminent domain to acquire propertyfrom any private Owner thereof, without suchOwner's consent, when the purpose of theacquisition is to convey the property so acquiredto any private party. As used in this section,"Owner" means the owner(s) of the fee titleinterest in the property to be acquired.

    LIMIT EMINENT DOMAIN AND PROTECTPROPERTY RIGHTS

    U N N U M B E R E D I N I T I A T I V EAMENDMENT. Repealed by AmendmentNumber 36 filed and operative November 18,1985.

    2013 S-7