iDUUlHERN BRANCH, UNIVERSITY OF CALIFORNIA. LIBRARY, l_DS ANGELES, CALIF, OUNTY OF LOS ANGELES CHARTER (ANNOTATED) PREPARED BY BOARD OF FREEHOLDERS RATIFIED BY THE VOTERS OF THE COUNTY APPROVED BY THE STATE LEGISLATURE IN EFFECT SEPT. 24, 1912 OCT. 5, 1912 JAN. 29, 1913 JUNE 2, 1913 INCLUDING XTRACT FROM THE CONSTITUTION OF THE STATE OF CALIFORNIA AUTHORIZING ADOPTION OF COUNTY CHARTERS and INTRODUCTION TO CHARTER '{ HON. LEWIS R. WORKS, JUDGE OF SUPERIOR COURT, LOS ANGELES COUNTY ANNOTATED AND ARRANGED BY A. J. HILL, COUNTY COUNSEL. PUBLISHED BY THE COUNTY OF LOS ANGELES, MARCH 15, 1919. BOARD OF FREEHOLDERS: N. W. THOMPSON, President FREDERICK BAKER J. M. HUNTER WILLIS H. BOOTH GEORGE F. KERNAGHAN T. H. DUDLEY A. M. SALYER W. A. ENGLE FRANK R. SEAVER DAVID EVANS J. H. STRINE LESLIE R. HEWITT CHARLES WELLBORN H. C. HUBBARD LEWIS R. WORKS 30015 -J 5 4/7 C/2./.% 1319 C — 'I Introduction to Charter (^ By Lewis R. Works In Tlic avciage American citizen knows less about the goveniment of iiis county than about any other public matter which merits his attention. This is owing to the fact that county government, so-called, is not county self-government at all, but simply state government of counties. Xo man can be expected easily to become intimate with a government Hie source of which is far away, even though it prescribe a system local ill its application. The Los Angeles County Charter is a concrete presentation of the idea, certainly a just one, that the right of local self-government belongs to a county, as well as to any other political subdivision. To l)e more specific, the Charter, insofar as the state constitution permits, excludes a Siskiyou County member of the legislature from- taking- too active a part in the government of Los Angeles County. Under present condi- tions, the county is governed from Sacramento. Among other things, the number and salaries of its officers, and of their deputies, depend largely upon trades betAveen members of the legislature. When the new Charter ])ecomes effective we may solve such questions for ourselves. These are some of the salient features of the proposed instrument: 1. Authority is more strongly centralized in the Board of Super- visors than under the system now in existence. There is thus presented as close an approximation to the commission form of city government as is possible in a county. The value of this feature lies in the fact that it enables the citizen to easily locate responsibility for misgovernment and to apply the corrective, the recall, if need be. 2. The publicity feature of the commission form, a necessary adjunct to the fixing of responsibility, is preserved in the Charter. The Supervisors are required to publish a code of rules prescribing the duties, and fixing systems of management, accounts and reports, for the offices, institutions and departmen1?s of the county. The enforcement of these rules by the Supervisors is also specifically commanded. *This introfluction was printed with tlie Cliaiter, upon its completion by the Freeholders, and was for the purpose of formally introducing the Charter to the electors of the Countv. 3. The number of elective officers is greatly reduced, thus applying the principles of the short ballot, with all the advantages which such an application implies. 4. Nearly all of the appointive officers, deputies, clerks, etc., are put under the operation of civil service, which will place and keep men in the county offices because of their merit, and not through their apt- ness as political precinct workers, irrespective of merit. 5. The fee system of compensation for officers is abolished. They are to receive salaries alone and they all, including the constables, are to pay into the county treasury all fees collected by them. 6. The two systems heretofore represented by the sheriff's office and the constables, which have always been at war with each other, are consolidated under a Constabulary Department, headed by the sheriff. 7. The Supervisors are relieved of the duty of caring for the roads in their respective districts. The Charter provides for a Road Commis- sioner, who will have charge of the roads throughout the entire county, subject to the general direction of the Supervisors. 8. The article entitled "Labor" contains several advanced pro- visions concerning the subject of which it treats. 9. The recall is applied to both elective and appointive officers, but can be used against officers under the civil service only after a petition for removal in the ordinary course is filed with the Civil Service Com- mission, and acted upon. In closing, it is proper to say a few words concerning the question of county and city consolidation, from the standpoint of the Charter. It was feared in some quarters, when work on the Charter was first com- menced, that the instrument was intended to foster consolidation. It is an answer to such a fear to assert that the state constitution does not permit the Charter to touch upon the question. It is a further answer to say, irrespective of the constitutionality of such a provision, that the Charter contains not a word upon the subject of consolidation, nor which can further consolidation. The sole aim of the Board of Freeholders has been to provide a system which will be an improvement upon the present one. The method of county government prevailing throughout the entire country is a re- proach to the genius and attainments of the American peonle. We have endeavored, in tlie Avork now placed before the public, to lift Los Angeles County, at least, a little above the common plane. Even though the Charter contains some provisions not entirely satis- factory to the reader, he should, in his personal interest and in the in- terest of the community, let his verdict depend upon the question as to whether, on the whole, it is a step foiward. By siicli a measure must all laws be judged. 5 EXTRACT FROM CONSTITUTION Note: The constitutional provision authorizing counties to frame and adopt charters for their own government is found in Article XI, section ly^. The amendment adding section 7I/2 was proposed by the Legislature in lf)ll (Stats. 1911, p. 2168) and approved October 10, 1911. This section was then amended by an amendment proposed by the Legislature in 1913 (Stats. 1913, p. 1733), adopted at the general election Nov. 3, 1914. The amendment of 1913 consisted of a minor change in the Avording of the first sentence of Article XI, section 7I/2, and the addition of a new sub- division numbered 414, the section in other respects remaining un- changed. The following shows both the text of the original section 71/2 and of the amendment of 1913 : "ARTICLE XI. Cities, Counties and Towns" "Freeholders' Charters for Counties" ' t ( Section 714. Any county may frame a charter for its own government consistent with and su])joct to the Constitution (or, having framed such a char- ter, may frame a new one), relating to the matters hereinafter in this section specified, and none other, by causing a board of fifteen freeholders, who have been for at least five years qualified electors thereof, to be elected by the qualified electors of said county, at a general or special election." [As amended in 1913 the foregoing sentence reads : Scojio of fhaiter. "Section 7^/2. Any county may frame a charter for its own government consistent with and subject to the constitution (or, having framed such a char- ter, may frame a new one,) and iclating to matters authorized by provisions of the constitution, by caus- ing a l)()ard of fifteen freehoidei's, who liave been for at least five years qualified electors thereof, to ])e elected by the qualified electors of said county, at a geneial or special election." — Stats. 1913, ]). 1733.] Board of Freeholders elected pursuant to Ordinance or Peti- tion, Petition. Special Election. Said board of freeholders may be elected in pur- suance of an ordinance adopted by the vote of three-fifths of all the members of the board of supervisors of such county, declaring that the public interest requires the election of such board for the purpose of preparing and proposing a charter for said county, or in pursuance of a petition of qualified electoi^s of said county as hereinafter provided. Such petition, signed by fifteen per centum of the qualified electors of said county, com- puted upon the total number of votes cast therein for all candidates for governor at the last preceding general election at which a governor was elected, praying for the election of a board of fifteen free- holders to prepare and propose a charter for said county, may be filed in the office of the county clerk. It shall be the duty of said county clerk, \vithin twenty days after the filing of said petition, to examine the same, and to ascertain from the record of the registration of electors of the county, whether said petition is signed by the requisite number of qualified electors. If required by said clerk, the board of supervisors shall authorize him to employ persons specially to assist him in the work of examining such petition, and shall provide for their compensation. Upon the completion of such examination, said clerk shall forthwith attach to said petition his certificate, properly dated, shoAv- ing the result thereof, and if, by said certificate, it shall appear that said petition is signed by the requisite number of qualified electors, said clerk shall immediately present said petition to the board of supervisors, if it be in session, otherwise at its next regular meeting after the date of such cer- tificate. Upon the adoption of such ordinance, or the presentation of such petition, said board of supervisors shall order the holding of a special elec- tion for the purpose of electing such board of free- holders, which said special election shall be held not less than twenty days nor more than sixty days after the adoption of the ordinance aforesaid or the presentation of said petition to said board of super- visors; provided, that if a general election shall occur in said county not less than twenty days nor more than sixty days after the adoption of the or- dinance aforesaid, or such presentation of said peti- tion to said board of supervisors, said board of freeholders may be elected at such general election. Candidates for election as members of said board of freeholders shall be nominated by petition, sub- stantially in the same manner as may be piovided by general law for the nomination, by petition of electors, of candidates for county offices, to be voted Duty of Board of for at general elections. It shall be the dutv of Freeholders to pre- ^^:^^^ ^^^^^^ ^ freeholders, within one hundred' and pare Charter. ■, ,. , i • , .i twenty days atter the result of such election shall have been declared by said board of supei-visors, to prepare and propose a charter for said county, which shall be signed in duplicate by the members of said board of freeholders, or a majority of them, and be filed, one copy in the office of the county clerk of said county and the other in the office of Publication of Pro- ^}^g countv recorder thereof. Said board of super- visors shall thereupon cause said proposed charter to be published for at least ten times in a daily newspaper of general circulation, printed, published and circulated in said county ; provided, that in any county where no such daily newspaper is printed, published and circulated, such proposed charter shall be jniblished for at least three times in at least one weekly newspajier, of general circulation, printed, published and circulated in such county; and provided, that iji any county where neither such daily nor such weekly newspaper is printed, published and circulated, a copy of such proposed charter shall be posted by the county clerk in three public places in said county, and on or near the en- trance to at least one public schoolhouse in each school district in said county, and the first publica- tion or the posting of such proposed charter shall be made within fifteen days after the filing of a copy thereof, as aforesaid, in the office of the county clerk. Said proposed charter shall be submitted by said board of supervisors to the qualified electors of Special Election. ^^^^ count}^ at a special election held not less tluni thirty days nor more than sixty days after tbe com- pletion of such publication, or after such posting; provided, that if a general election shall occur in said county not less than thirty days nor more than sixty days after the completion of such publication, or after such posting, then such proposed charter may be so submitted at such genei'al election. Jf a Katification by Voters. Approved by Legisla- ture. Filing with Secretary of State. Judicial notice liy Courts. majority of said qualified electors, votiiio" thereon at such general or special election, shall vote in favor of such proposed charter, it shall be deemed to be ratified, and shall be forthwith submitted to the legislature, if it be in regular session, otherwise at its next regular session, or it may be submitted to the legislature in extraordinary session, for its ap- proval or rejection as a whole, Avithout power of alteration or amendment. Such approval may be made by concurrent resolution, and if approved by a majority vote of the members elected to each house, such charter shall become the charter- of such county and shall become the organic law thereof relative to the matters therein provided, and super- sede any existing charter framed under the pro- visions of this section, and all amendments thereof, and shall supersede all laws inconsistent with such charter relative to the matters provided in such chartei-. A copy of such charter, certified and authenticated by the chairman and clerk of the board of supervisors under the seal of said board and attested by the county clerk of said county, setting forth the submission of such charter to the electors of said county, and its ratification by them, shall, after the approval of such charter by the legislature, be made in duplicate, and filed, one in the office of the secretary of state and the other, after lieing recorded in the office of the I'ecorder of said county, shall be filed in the office of the county clerk thereof, and thereafter all courts shall take judicial notice of said charter. Amendments: 1. Proposed by Board of Supervisors. Publication The charter, so ratified, may be amended by pro- posals therefor submitted by the board of super- visors of the county to the qualified electors thereof at a general or special election held not less than thirty days nor more than sixty days after the pub- lication of such proposals for ten times in a daily newspaper of general circulation, printed, published and circulated in said county; provided, that in any county Avhere no such daily newspaper is printed, published and circulated, such proposed charter shall be published for at least three times in at least one weekly newspaper, of general circulation, printed, published and circulated in such county; provided, that in any county where neither such daily nor such weekly newspaper is printed, pub- 10 Election. Ratification by Voters. Approval by Leg- islature. 2. Amendments jn'o- posed by Petition. lislicd and ciix'ulated, a copN' of such proposed chai- tej- shall he posted by the county clerk in three jjuhlic })iaces in said county, and on or near the entrance to at least one public schoolhouse in each school district in saitl county. If a majority of such qualified electors voting' thereon, at such general or special election, shall vote in favor of such proposed amendment or amendments, or any amendment or amendments pi'oposed by petition as hereinaftei- provided, such amendment or amendments shall he deemed to be ratified, and shall be forthwith sub- mitted to the legislature, if it be in regular sessioii, otherwise at its next regular session, or may be sub- mitted to the legislature in extraordinary session, for approval or rejection as a whole, without power of alteration or amendment, and if approved by the legislature, as herein provided for the approval of the charter, such charter shall be amended accord- ingly. A copy of such amendment or amendments shall, after the approval thereof by the legislature, be made in duplicate, and shall he authenticated, certified, recorded and filed as herein provided for the charter, and with like force and effect. When- ever a petition signed by ten per centum of the qualified electors of any county, computed upon the total number of votes cast in said county for all candidates for governor at the last general election, at which a governor w^as elected, is filed in the office of the county clerk of said county, petitioning the board of supervisors thereof to submit any proposed amendment or amendments to the charter of such county, which amendmeiit or amendments shall be set forth in full in such petition, to the (jua lifted electors thereof, such petition shall forthwith be examined and certified by the county clei'k. and if signed hy the requisite number of qualified electors of such county, shall be presented to the said board of supervisors, by the said comity clerk, as herein- before provided for petitions for the election of boards of freeholders. Upon the presentation of said petition to said board of supervisors, said board must submit the amendment or amendments set forth therein to the qualified electors of said county at a general or special election held not less than thirty days nor more than sixty days after the pub- lication or posting of such proposed amendment or 11 amendments in the same manner as hereinbefore provided in the case of suliuiission of any proposed amendment or amendments to such charter, pro- posed and submitted by the board of supervisors. In submitting- any such charter, or amendments thereto, any alternative article or proposition may be presented for the choice of the electors, and may be voted on separately without prejudice to others. Special Elections, how called. General election laws applicable. Every special election held under the provisions of this section, for the election of boards of free- holders or for the submission of proposed charters, or any amendment or amendments thereto, shall be called by the board of supervisors, by ordinance, which shall specify the purj^ose and time of such election and shall e.tablish the election precincts and designate the polling places therein, and the names of the election officers for each such precinct, l^uch ordinance, prior to such election^ shall be pub- lished five times in a daily newsj^aper, or twice in a Aveekly newspaper, if there be no such daily news- paper, printed, published and circulated in said county ; provided, that if no such daily or weekly newspaper be printed or published in such count.y, then a copy of such ordinance shall be posted by the county clerk in three public places in such county and in or near the entrance to at least one public school house in each school district therein. In all other respects, every such election shall be held and conducted, the returns thereof canvassed and the result thereof declared by the board of supervisors in the same manner as provided by law for general elections. AVhenever boards of free- holders shall be elected, or any such proposed char- ter, or amendment or amendments thereto, sub- mitted, at a general election, the general laws ap- plicable to the election of county officers and the submission of propositions to the vote of electors, shall be followed in so far as the same may be applicable thereto. Matters for which Charter SHALL pro- vide: It shall be competent, in all charters, framed under the authority given by this section to provide, in addition to any other provisions allowable by this constitution, and the same shall provide, for the f olloAving matters : 12 Board of Supervisors; election; compensa- tion. 1. For boards of suixt visors and for the coiisti- tiition, regulation and government thereof, for the times at which and the terms for Avhich the members of said board shall be elected, for the number of members, not less than three, that shall constitute such boards, for their compensation and for their election, either l)y the electors of the counties at large or by districts ; provided, that in any event said board shall consist of one member for each district, who must be a qualified elector thereof; and County Officers, enu- merated; election or appointment, compen- sation. 2. For sheriffs, county clerks, treasurers, record- ers, license collectors, tax collectors, public admin- istrators, coroners, surveyors, district attorneys, auditors, assessors and superintendents of schools, for the election or appointment of said officers, or any of them, for the times at which and the terms for which, said officers shall be elected or appointed, and for their compensation, or for the fixing of such compensation by boards of supervisors, and, if ap- pointed, for the manner of their appointment: and Justices of Peace; election or appoint- ment, compensation. 3. For the number of justices of the peace and constables for each township, or for the number of such judges and other officers of such inferior courts as may be provided by the constitution or general law, for the election or appointment of said officers, for the times at which and the terms for Avhich said officers shall be elected or appointed, and for their compensation, or for the fixing of such compensation by boards of supervisors, and if appointed, for the manner of their appointment; and Powers and duties. 4. For the powers and duties of boards of super- visors and all other county officers, for their removal and for the consolidation and segregation of county offices, and for the manner of filling all vacancies occurring therein; provided, that the provisions of such charters relating to the powers and duties of boards of supervisors and all other county officers shall be subject to and controlled by general laws; and [NcAv subdivision added in 1913: 13 Municipal Functions. 41/.. For the assumption and discharge by county officers of certain of the municipal functions of the cities and toAvns within the county, whenever, in the case of cities and towns incorporated under gen- eral laws, the discharge by county officers of such municipal functions is authorized by general law, or whenever, in the case of cities and towns organized under section eight of this ai'ticle, the discharge by county officers of such municipal functions is author- ized by provisions of the charters, or by amend- ments thereto, of such cities or towns. — Stats. 1918, p. 1783.1 Assistants, deputies, clerks, attaches, em- ployees: Powers, du- ties, qualifications, compensation, ap- ])ointment, removal. .). For the tixing and regulation by boards of supervisors, by ordinance, of the appointment and number of assistants, deputies, clerks, attaches and other persons to be employed, from time to time, in the several offices of the county, and for the pre- scribing and regulating by such boards of the powers, duties, qualifications and compensation of such persons, the times at which, and terms for which they shall be appointed, and the manner of their appointment and removal ; and Compensation of cer- tain officers. 6. For the compensation of such fish and game wardens, probation and other officers as may be provided by general laAv, or for the fixing of such compensation by boards of supervisors. All elective officers of counties, and of townships, of road districts and of highway construction divi- sions therein shall be nominated and elected in the manner provided by general laws for the nomination and election of such officers. Matters Charter vide: All charters framed under the authority given by for which f^^i^ section, in addition to the matters herein above MAY pro- specified, nuiy provide as follows : New offices: Appointment and compensation. For offices other than those requir-ed by the con- stitution and laws of the state, or for the creation of any or all of such offices by boards of supervisors, for the election or appointment of persons to fill such offices, for the manner of such appointment, for the times at which and the terms for which such persons shall be so elected or appointed, and for 14 indebtedness. theii" compensation or for the fixing of such com- pensation ])y boards of supervisors. For offices hereafter created by this constitution or by general law, for the election or appointment of ])ersons to fill such offices, for the manner of such ;i])i)ointmeut, for tlie times at Avhich and the terms for which such persons shall be so elected or ap- pointed, and for their compensation, or for the fixing of such compensation by boards of supervisors. County Road Dis- For the formation, in such counties, of road dis- tricts: ^ Taxation, tricts for the care, maintenance, repair, inspection and supervision only of roads, highAvays and bridges; and for the formation, in such counties, of higliAvay construction divisions for the construction only of roads, highways and bridges; for the inclusion in any such district or division, of the whole or any part of any incorporated city or town, upon ordi- nance passed by such incorporated city or town authorizing the same and upon the assent to such inclusion by a majority of the qualified electors of such incorporated city oi' town, or portion thereof, proposed to be so included, at an election held for that purpose; for the organization, government, powers and jurisdiction of such districts and divi- sions, and for raising revenue therein, for such pur- poses by taxation, upon the assent of a majority of the qualified electors of such districts or divisions, voting at an election to be held for that purpose; for the incurring of indebtedness therefor by such counties, districts or divisions for such purposes respectively, by the issuance and sale, by the coun- ties, of bonds of such counties, districts or divisions, and the expenditure of the proceeds of the sale of such bonds, and for levying and collecting taxes against the property of the counties, districts or divisions, as the case may be, for the payment of the principal and interest of such indebtedness at maturity; provided, that any such indebtedness shall not be incurred without the assent of two-thirds of the qualified electors of the county, district or division, as the case may be, voting at an election to be held for that purpose, nor uidess before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness 15 1« as it falls due, and also for a sinking fund for the payment of the principal thereof on or before ma- turity, which shall not exceed forty years from the time of conti-acting the same, and the procedure for voting, issuing and selling such bonds shall, except in so far as the same shall be prescribed in such charters, conform to general laws for the authorizing and incurring by counties of bonded indebtedness, so far as applicable ; provided, further, that provi- sions in such charters for the construction, care, maintenance, repair, inspection and supervision of roads, highways and bridges for which aid from the state is granted, shall be subject to such regula- tions and conditions as may be imposed by the legislature. ^■o' General Laws super- "Whenever any county has framed and adopted a seded. charter, and the same shall have been approved by the legislature, as herein provided, the general laAvs adopted by the legislature in pursuance of sections four and five of this article, shall, as to such county, be superseded by said charter as to matters for which, under this section it is competent to make jorovision in such charter, and for Avhich provision is made therein, except as herein otherwise expressly- provided, and except that any such charter shall not affect the tenure of office of the elective officers of the county or of any district, township or division thei'eof, in office at the time such charter goes into effect, and such officers shall continue to hold their respective offices until the expiration of the term for which they shall have been elected, unless sooner removed in the manner provided by law. Charter annulled. The charter of any county, adopted under the authority of this section, may be surrendered and annulled with the assent of two-thirds of the quali- fied electors of such county, voting at a special elec- tion, held for that purpose, and to be ordered and called by the board of supervisors of the county upon receiving a written petition, signed and certi- Special Election. ^^^ ^^ hereinabove provided for the purposes of the adoption of charters, requesting said board to submit the question of the surrender and annulment of such charter to the qualified electors of such county, and. in the event of the surrender and annulment of smy such charter, such county shall thereafter be gov- 10 erned under ^cnoi-al laws in force for the govern- ment of counties. The provisions of this section shall not be applica- ble to anv countv that is consolidated with any city. 17 Los Angeles County Charter We, the people of the County of Los Angeles, do ordain and estab- lish for its government this CHARTER ARTICLE I. Name and Rights of the County ^ Sec. 1 : The County of Los Angeles, as it now exists, is a body corporate and politic, and as such has all the poAvers specified by the constitution and laws of the State of California, and by this Charter, and such other powers as are necessarily implied. Sec. 2 : The powers mentioned in the preceding section can be exercised only by a Board of Supervisors, or by agents and officers acting under their authority or by authority of laAv or of this Charter. Sec. 3: The corporate name shall be "County of Los Angeles," which much be thus designated in all actions and proceedings touching its corporate rights, properties and duties. Its boundaries and county seat shall remain the same as they now are, until otherwise changed by law. ARTICLE II. Board of Supervisors. Sec. 4: The County of Los Angeles shall liave a Board of Super- visors consisting of five members, each of whom must be an elector of the district which he represents, must reside therein during his incumbency, must have been such an elector for at least one year immediately pre- ceding his election, and shall be elected by such district. Their terms of office shall be four years, each shall hold until his successor is elected 1 The Charter may be called the "organic law of the county." People V. McAleer, 33 Cal. App. 135. 19 and qualified, and they shall each receive a salary of $5,000 per year payable monthly from the County Treasury. They shall devote all their time during business hours to the faithful service of the public. Sec. 5 : The County is hereby divided into five supervisor districts, the boundaries of which shall be and remain as they now are until other- wise changed as provided in this Charter. Sec. 6 : At the general election to be held in November, 1914, super- visors shall be elected from the First and Third Supervisor districts, whose terms shall begin at noon on the first Monday after the first day of January, 1915, and end at noon on the first Monday in December, 1918; provided that each shall hold office until his successor is elected and qualified. At the general election to be held in November, 1916, supervisors shall be elected from the Second, Fourth and Fifth districts, whose terms shall begin at noon on the first Monday after the first day of January, 1917, and end at noon on the first Monday in December, 1920 ; provided that each shall hold office until his successor is elected and qualified. At each general election after November, 1916, there shall be elected, either two or three supervisors, as the case may be, for terms of four years, beginning at noon on the first Monday in December next after their election, and ending at noon on the first Monday in December, four years thereafter. Sec. 7 : The Board of Supervisors may, by a two-thirds vote of its members, change the boundaries of any supervisor district. No such boundaries shall ever be so changed as to affect the incumbency in office of any supervisor. Any change in. the boundaries of any supervisor dis- trict must be made within one year after a general election. Sec. 8 : Whenever a vacancy occurs in the Board of Supervisors the Governor shall fill such vacancy, and the appointee shall hold office until the election and qualification of his successor. In such case, a Supervisor shall be elected at the next general election, to fill the vacancy for the unexpired term, unless such term expires on the first Monday in December succeeding said election. 20 Sec. 9: Tlie Board of Supervisors shall elect a Chairman, who shall pieside at all meetings. In case of his absence or inability to act, the members present must, by an order entered of recoid, select one of their number to act as Chairman pro tern. Any member of the Board may administer oaths, when necessary in the performance of his official duties. A majority of the members shall constitute a quorum, and no act of the Board shall be valid or binding unless a majority of the members concur. ARTICLE III. General Powers of the Board of Supervisors. -Sec. 10: The Board of Supervisors shall have all 1he jurisdiction and power which are now or which may hereafter be granted by the constitution and laws of the State of rnlifornia or by this charter. ^ Sec. 11 : It shall be the duty of the Board of Supervisors: (1) To appoint all county officers other than elective officers, and all officers, assistants, deputies, clerks, attaches and employees Avhose a])pointment is not i^rovided for by this Charter. Except in the cases of appointees to the unclassified service, all appointments by the Board shall be from the eligible-civil service list. The Board shall provide, by ordinance, for the compensation of elective officers and of its appointees, unless such compensation is otherwise fixed by this Charter. (2) To provide, by ordinance, for the number of Justices of the Peace and Constables, to be elected and appointed, respectively, in each Township. The Board may also provide, by ordinance, for the number and fix the compensation, of such other judges and inferior officers o' such inferior courts as are now, or may hereafter be, provided by the constitution or by general law. - Keith V. Hammel, 29 Cal. App. 131; see note to see. 21. 3 Under this section the P.oaril of Supervisors were a ithorizecl to appoint a registrar of voters. People v. McAleer, 33 Cal. App. 135. The Board of Supervisors being autliorized under the Clia ter, Section 11, to make provision for appointment of probation officers, and ?u< h appointment liaving been provided for, the general laws of the state cease to cp rate as to that matter. Gibson v. Civil Service Commission, 27 Cat. Ap]i. 396. 21 * (3) To provide, by ordinance, for the number of assistants, deputies, clerks, attaches, and other persons to be employed from time to time in the several offices and institutions of the county, and for their compensa- tion and the times at Avhich they shall be appointed. (4) To provide, by ordinance, for the creation of offices other than those required by the constitution and laws of the State, and for the appointment of persons to fill the same, and to fix their compensation. (5) To require, if deemed expedient, any county or township officer, or employee, before or after entering upon the duties of his office, or service, to give bond for the faithful performance thereof, in such penal sum as may be fixed by the Board. (6) To provide, publish and enforce, a complete code of rules, not inconsistent with general laws or this Charter, prescribing in detail the duties and the systems of office and institutional management, accounts and reports for each of the offices, institutions and departments of the county. ARTICLE IV. County Officers Other Than Supervisors. Sec. 12: The elective county officers other than members of the Board of Supervisors shall be : Sheriff, District Attorney and Assessor. Sec. 13 : At the general election to be held in November, 1914, a District Attorney shall be elected, whose term shall begin at noon on the first Monday after the first day of January, 1915, and end at noon on the first Mondav in December, 1916. At the same election a Sheriff and Assessor shall be elected, whose terms shall begin at the same time and end at noon on the first Monday in December, 1918. At the general 4 The salary of the Sheriff liaving- been fixed pursuant to this section, the general law provisions relative to keeping for his own use fees received by Sheriff for transporting persons to state prisons and asylums are superseded, and those fees, though collected from the state, are required, pursuant to Section 15 of the Charter, to be paid into the county treasury. County of Los Angeles v. Cline, 174 Pac. 73,;. 24 C. A. D. 4 (June 22, 1918). When Board of Supervisors, in enacting an ordinance providing for probation officers and fixing the compensation, makes no mention of the manner in which the appointments shall be made, the general laws of the state govern the matter. Ander- son V. Lewis, 29 Cal. App. 24. 22 eloction to be held in Xovember, l!ll(i. and every four years thereafter a District Attorney shall be elected, whose term shall be four years, begin- ning at noon on the first Monday in December following his election and ending at noon on the first Monday in December four years thereafter. At the general election to be held in November, 1918, and every four years thereafter, a Sheriff and Assessor shall be elected, whose terms shall be four years, beginning at noon on the first ^Monday in December following their election, and ending at noon on the first Monday in Decem- ber four years thereafter. All elective county officers shall hold office until their successors are elected and qualified. Sec. 14 : The appointive county officers shall be : Auditor Board of Education, Members of Board of Law Library Trustees, Members of Civil Service Commission, Members of Coroner County Clerk County Counsel Fish and Game Warden Health Officer Horticultural Commissioner License Collector Live Stock Inspector Probation Committee, jMeiubeis of Probation Officer Public Administrator Public Defender Purchasing Agent Recorder Registrar of Voters Road Commissioner Superintendent of Charities Superintendent of Schools Surveyor Tax Collector Treasurer 2:? ° Such other officers as may hereafter be provided by law shall also be appointive. The Tax Collector shall be ex-officio License Collector. ^ Sec. 15: All fees collected by any county officer, Board or Com- mission shall be paid into the County Treasury on the first Monday of each calendar month, together with a detailed statement of the same in writing, a duplicate copy of which shall be filed with the Auditor at the same time. Sec. 16 : Whenever a vacancy occurs in an elective county office other than a member of the Board of Supervisors, the Board shall fill such vacancy, and the appointee shall hold office until the election and qualifi- cation of his successor. In such case, there shall be elected at the next general election an officer to fill such vacancy for the unexpired term, unless such term expires on the first Monday in December succeeding said election. ARTICLE V. ■ Township Officers. Sec. 17: The Board of Supervisors must provide, by ordinance, for not less than one Justice of the Peace and one Constable in each town- ship, and may provide for more in tOAvnships where population and the business therein require a greater number ; provided that, until the Board shall so provide for such Justices of the Peace and Constables, the num- ber of each thereof in each township shall continue as uoav or hereafter provided by law ; provided, further, that if the legislature shall hereafter, instead of the system of Courts of Justices of the Peace noAv established by law, substitute some other system of inferior courts, then and in that . event, it shall not be compulsory upon the Board of Supervisors to pro- 5 The Secretary of the Superior Court is an officer of the courts which are a jjart of the judicial system of the state. Sucli officer is not a county officer, attacliee or employee, ancf is not so recognized by either the Charter or Constitution. Noel V. Lewis, 35 Cal. App. 658. 6 Under, this section a sheriff whose compensation has been fixed pursuant to Sec- tion 10 of the Charter must pay all fees collected by him as sheriff into the county treasury. "Under the ordinance passed pursuant to Charter provisions, the time of the sheriff consumed in the performance of his official duties belongs to the county, and his earnings in performance thereof, like those of any other employee, belong to the employer." County of Los Angeles v. Cline, 174 Pac. 73; 27 C. A. D. 4 (June 22, 1918). It was held tliat tliis section did not apply to elective officers holding under unexpired term when Charter took effect. County of Los Angeles v. Hammel, 26 Cal. App. 580. 24 vide any niiinber for, and the Board may discontinue the existence of all Justices of the Peace in the several townships, if such discontinuance be allowed by law, and the Board may provide for such number of inferior Judges or Justices as may be necessary for the needs of the county, under such substituted system. Sec. 18 : Justices of the Peace shall be nominated and elected at the times and in the manner and for the terms, noAv or hereafter provided by general laAV. Constables shall he appointed by the Sheriff from the eligible civil service list. See. 10: The compensation of Justices of the Peace and of Con- stables shall be fixed by the Board of Supervisors, and must be by salary only, which need not be uniform for the several townships, nor propor- tionate to population therein. Their duties and qualifications shall be such as are now, or which may hereafter be prescribed by laAv, or by this charter. Sec. 20 : All fees collected by any Justice of the Peace or Constable shall be paid into the County Treasury, on the first ^Monday of each cal- endar month, together with a detailed statement of the same in writing, a duplicate copy of which shall be filed with the Auditor at the same time. The fees to be so paid into the Treasury by each Constable shall include all fees charged and collected by him for service of any writ or process of any court or for any act or service done or rendered by him, or which he has power or which it is his duty to do or render, in his official capacity ; and every Constable shall enter in the fee book kept by him all such fees charged and collected by him and pay the same into the County Treasury as above provided, without deduction for any such acts or services purporting or claimed to have been done or rendered by him as a private citizen. ARTICLE VI. Duties of Officers. ■^ Sec. 21 : The County Counsel shall represent and advise the Board of Supervisors and all county, township and school district officers, in all matters and questions of law pertaining to their duties, and shall have exclusive charge and control of all civil actions and proceedings in Avhich the country or any officer thereof, is concerned or is a party. He shall also act as attorney for the Public Administrator in the matter of all estates in which such officer is executor, administrator wnth the will annexed, or administrator, and the County Counsel shall, in every such matter, collect the attorney's fees allowed therein by laAv and pay the same into the County Treasury. Sec. 22 : The Superintendent of Charities shall be under the direction of the Board of Supervisors, and shall exercise a general supervision over, and enforce rules and regulations for the conduct and government of, the charitable institutions of the county. He shall perform such other duties as may be prescribed by the Board of Supervisors or by law. Sec. 23 : Upon request by the Defendant or upon order of the Court, the Public Defender shall defend, without expense to them, all persons who are not financially able to employ counsel and who are charged, in the Superior Court, with the commission of any contempt, misdemeanor, felony or other offense. He shall also, upon request, give counsel and advice to such persons, in and about any charge against them upon which he is conducting the defense, and he shall prosecute all appeals to a higher court or courts, of any person who has been convicted upon any such charge, where, in his opinion, such appeal will, or might reasonably be expected to, result in a reversal or modification of the judgment of conviction. He shall also, ujjon request, prosecute actions for the collection of ~ The general effect of the Charter, sections 21 and 10, and Political Code Sec- tion 4041, subdivision 16, seems to be not only that the conduct of actions in which the county is a party is committed to the charge and control of public officers, but it further appears to be the intention (in harmony with long-established i^rinciples) that the county shall be a party to actions and proceedings wherein the county "is concerned." This conclusion applies in an action to compel payment of mileage fees into the county treasury by a sheriff, and in absence of showing that such officers liavc refused to do their duty, taxpayer cannot bring the action in his own name. Keith v. Hammel, 29 Cal. App. 131. 20 wages and of other deniauds of persons who are not financially able to employ counsel, in cases in Avhieh the sum involved does not exceed $100, and in which, in the judgment of the Public Defender, the claims urged are valid and enforceable in the courts. He shall also, upon request, defend such persons in all civil litigation in which, in his judgment, they are being persecuted or unjustly harassed. The costs in all actions in which the Public Defender shall appear under this section, wdiether for plaintiffs or for defendants, shall be paid from the County Treasury, at the times and in the manner required 1)> law, or by rules of court, and under a system of demand, audit and pay- ment, which shall be piescribed by the Board of Supervisors. It shall be the duty of the Public Defender, in all such litigation, to procure, if pos- sible, in addition to general judgments in favor of the persons whom he shall represent therein, judgments for costs and attorney's fees, where permissible, against the opponents of such persons, and collect and pay the same into the County Treasury. Sec. 24 : Subject to lules and regulations which shall be adopted by the Board of Supervisors, by ordinance, the Purchasing Agent shall be the buyer of furniture, fixtures, tools, supplies, materials or other articles of personal property for the county and for county, toAvnship and all other officers. Sec. 25 : Each county or township officer, Board or Commission shall have the powers and perform the duties now or hereafter pre- s(^ribed by general law, and by this Charter, as to such officer, Board or Commission. ARTICLE VII. Road Department. Sec. 26 : The Board of Supervisors may provide for the formation of road districts for the care, maintenance, repair and supervision of roads, highways and bridges; and for the formation of highway construc- tion divisions for the construction of roads, highways and bridges; for the inclusion in any such district or division of the Avhole or any part of any incorporated city oi- town upon ordinance passed by such incoi'po- rated city or town authorizing the same, and upon the assent to such inclusion by a majority of the qualified electors of such incorporated city or town or portion thereof proposed to be so included at an election held for that purpose ; for the organization, government, powers and jurisdic- tion of such district or division, for raising revenue therein for such pur- poses, by taxation, upon the assent of a majority of the qualified electors of such district or division, voting at an election held for that purpose ; for the incurring of indebtedness therefor by the county, district or divi- sion fof such purposes, respectively, by the issuance and sale, by the county, of bonds of the county, district or division, and the expenditure of the proceeds of the sale of such bonds, and for levying and collecting taxes against the property of the county, district or division, as the case may be, for the payment of the principal and interest of such indebted- ness at maturity ; provided that any such indebtedness shall not be incurred without the assent of two-thirds of the qualified electors of the county, district or division, as the case may be, voting at an election held for that purpose, nor unless before or at the time of incurring such indebt- edness, provision shall be made for the collection of an annual tax suffi- cient to pay the interest on such indebtedness as it falls due, and also for a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same ; and the procedure for voting, issuing and selling such bonds, except insofar as the same shall be otherwise prescribed in this Charter, shall conform to general laws for the authorizing and incurring of bonded indebtedness by counties so far as applicable ; provided, further, that the construction, care, maintenance, repair and supervision of roads, high- ways and bridges for which aid from the State is granted shall be subject to such regulations and conditions as may be imposed by the legislature. ® Sec. 27 : The Road Commissioner, subject to such rules and regu- lations as shall be prescribed by the Board of Supervisors, shall have direction and control over all work of construction, maintenance and repair of roads, highways and bridges, other than work done under con- tract, and it shall be his duty to examine and inspect contract work as the same progresses and to see that the same is properly performed, and * This section follows closely the language of the Constitution, Art. XI, Sec. IV-i, subd. 6. The Supreme Court has held that the effect of tliese provisions is not to repeal bj^ implication or supersede the Itoad District Improvement Act of 1907 (Stats. 1907, p. 806) providing for improvement of roads within sjjecialh'^ formed assessment districts. Thomas v. Pridham, 171 Cal. 98. 28 when completed to file liis written ajjproval thereof with the Board of Supervisors. He shall also have the control and management of all county rock quarries and gravel pits, and of all other materials, property and instrumentalities necessary for and connected with the construction, maintenance and repair of roads, highways and bridges. ARTICLE VIII. Constabulary Department. Sec. 28 : There is hereby created a Constabularly Department, con- sisting of the Sheriff and of all Constables, Avho arc hereby made ex-officio Deputy Sheriffs. Sec. 29 : The Sheriff shall be the head of said Department, and shall so organize the same as to give the county ef^cient and effective police protection. Each Constable shall be subject to the orders of the Sheriff and must serve process Avithin his township, or elsewhere, when requested, and he shall also perform all the duties required of him by law. ARTICLE IX. . Civil Service. Sec. 30 : On or before the first day of July, 1913, the Board of Super- visors shall appoint three persons as members of the Civil Service Com- mission, who shall so classify themselves as that one shall serve until the first Monday in December, 1915, at noon, one until the first Monday in December, 1917, at noon, and one until the first Monday in December, 1919, at noon. Before the first Monday in December of each alternate year after 1913, the Board of Supervisors shall appoint one person as tho successor of the member of the commission Avhose term shall then expire, to serve for six years. Any vacancy on the Commission shall be filled by the Board of Supervisors for the unexpired term. Each member of the Commission shall serve until his successor is appointed and qualified. Not more than one member shall be an adherent of the same political party. No member shall hold any other salaried county office, nor shall he have been, within the year next preceding his appointment, an active executive officer in any political organization. Each member shall have been a resident of the county for the five years next preceding his appoint- 29 nient, and his name shall be upon the state and county assessment rolls at the time thereof. The Board of Supervisors, by a four-fifths vote of all the members, may remove a member of the Commission during his term of office, but only upon stating in writing the reasons for such 7-emoval and allowing him an opportunity to be publicly heard in his own defense. The Commission shall elect one of its members president. Sec. 31 : Each member of the Commission shall receive a compen- sation of Ten Dollars for each meeting thereof attended by him, not to exceed five meetings in any calendar month. The Commission shall appoint and fix the compensation of a Chief Examiner, who shall also act as Secretary. This position shall be in the competitive class. This Com- mission may appoint and fix the compensation of such other subordinates as may be necessary. Sec. 32 : For the support of the work of the Commission, the Board of Supervisors shall annually levy and collect a tax on all taxable prop- erty in the county, at the rate of not less than one-half of one cent on each One Hundred Dollars of assessed valuation thereof. Any part of the tax so levied for any fiscal year not expended during such fiscal year, or required to defray expenses incurred during such year, shall on the first day of January next succeeding the end thereof, be placed in the general fund of the county. Sec. 33 : The Civil Service of the countv is hereby divided into tht^ unclassified and the classified service. The unclassified service shall comprise : (a) All officers elected by the people. (b) In the office of the District Attorney : The Chief and one other deputy, one secretary, and three detectives; and special counsel and special detectives for temporary employment. (c) In the office of the Sheriff : The Under Sheriff, or Chief Deputy. In the office of the Assessor : The Chief Deputy. (d) Superintendents, principals and teachers in the school system. (e) Members of the County Board of Education. (f) Members of the Civil Service Commission. 30 (g) All officers and other persons serving the county Avithout com- pensaton. The classified service shall include all olhcr positions now existing or hereafter created. ® Sec. 34 : The Commission shall prescribe, amend and enforce rules for the classified service, which shall have the force and effect of law ; shall keep minutes of its proceedings and records of its examinations and shall, as a Board or through a single Commissioner, make investigations concerning the enforcement and effect of this Article and of the rules and efficiency of the service. It shall make an annual report to the Board of Supervisors. The rules shall provide : (1) For the classification of all positions in the classified service. (2) For open, competitive examinations to test the relative fitness of applicants for such positions. (3) For public advertisement of all examinations. (4) For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing in examina- tion. Such lists shall remain in force not longer than two years. (5) For the rejection of candidates or eligibles who fail to comply with the reasonable requirements of the Commission in regard to age, residence, sex, physical condition or who have been guilty of crime or infamous or disgraceful conduct or who have attempted any deception or fraud in connection with an examination. (6) For the appointment of one of the three persons standing highest on the appropriate list. (7) For a period of probation not to exceed six months before ap- pointment or i^romotion is made comi)lete, during which period a proba- 9 This provision of the Charter is not self -executing, and in absence of the adop- tion of rules the Civil Service Commission had no power to authorize the transfer of a deputy County Clerk to the position of Registrar of Voters, although the duties of the two positions were the same. People v. McAIeer, 'oA Cal. App. 135. Note: Rules of the Civil Service Commission refcncil to in tlie foregoing decision have since been adopted. 31 tiouer iiia\' he discharged of reduced with the consent of the commission. (8) For non-competitive examinations for minor positions in the county institutions when competition is found to be impracticable. (9) For temj^orary employment of persons on the eligible list until list of the class covering the temporary employment is exhausted; and in cases of emergency, for temporary employment without examination, Avith the consent of the Commission, after the eligible list has been exhausted. But no such temporary employment shall continue longer than sixty days, nor shall successive temporary appointments be allowed. Nor shall the acceptance or refusal to accept sucli temporary appointment on the part of a person on the eligible list be a bar to appointment to a permanent position from said eligible list. (10) For transfer from one position to a similar position in the same class and grade and foi' reinstatement within one year of persons who without fault or (lelin