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CHARTER

OF THE

COUNTY OF LOS ANGELES

Click here PDF version of Charter

ANNOTATED EDITION

Includes Amendments Ratified

by the Voters Through

March 5, 2002

PROPOSED BY THE BOARD OF FREEHOLDERS SEPTEMBER 24, 1912

RATIFIED BY THE VOTERS OF THE COUNTY NOVEMBER 5, 1912

FILED WITH THE SECRETARY OF STATE JANUARY 29, 1913

IN EFFECT JUNE 2, 1913

AUTHORIZED BY THE BOARD OF SUPERVISORS

GLORIA MOLINA	ZEV YAROSLAVSKY
First District	Third District

YVONNE B. BURKE	DON KNABE
Second District	Fourth District

MICHAEL D. ANTONOVICH

Fifth District

Revised: June 2006

Published by the County of Los Angeles

TABLE OF CONTENTS

Page

Table of Charter Amendments iv

Table of Cases Cited xvii

CHARTER

Article Page

I. NAME AND RIGHTS OF THE COUNTY

Section 1 -- Nature and powers 1

Section 2 -- How exercised 1

Section 3 -- Name and Boundaries 1

II. BOARD OF SUPERVISORS

Section 4 -- Membership 2

Section 5 -- Districts and Boundaries 3

Section 6 -- Election 4

Section 7 -- Boundary Change of Districts 4

Section 8 -- Vacancy 4

Section 9 -- Chairman, quorum 5

III. GENERAL POWERS OF THE BOARD OF SUPERVISORS

Section 10 -- Jurisdiction and Power 5

Section 11 -- Duties 5

IV. COUNTY OFFICERS OTHER THAN SUPERVISORS

Section 12 -- Elective officers 8

Section 13 -- Election and term 8

Section 14 -- Appointive County officers 11

Section 15 -- Fees 15

Section 16 -- Vacancies 16

V. TOWNSHIP OFFICERS

Section 17 -- Repealed 17

Section 18 -- Repealed 17

Section 19 -- Repealed 17

Section 20 -- Repealed 17

VI. DUTIES OF OFFICERS

Section 21 -- County Counsel 18

Section 22 -- Director of Hospitals 19

Section 221/4 -- Director of Public Social Services 20

Section 221/2 -- Director of Adoptions 20

Section 223/4 -- Director of Personnel 20

Section 23 -- Public Defender 21

Section 24 -- Purchasing Agent 21

Section 241/3 -- Forester and Fire Warden 22

Section 242/3 -- County Engineer 24

Section 25 -- General Powers and Duties 25

Article Page

VII. ROAD DEPARTMENT

Section 26 -- Formation of districts; revenue 26

Section 27 -- Road Commissioner 27

VIII. CONSTABULARY DEPARTMENT

Section 28 -- Repealed 27

Section 29 -- Repealed 27

IX. CIVIL SERVICE

Section 30 -- Purpose of Civil Service System 28

Section 31 -- Civil Service Commission 29

Section 32 -- Director of Personnel 29

Section 33 -- Classification of Personnel 30

Section 33.5 -- Department Heads removed to

unclassified service 31

Section 33.5(a) -- Certain deputy and chief

incumbents remain in classified service, vacancies 31

Section 33.6 -- Classified employees appointed

to unclassified positions 32

Section 33.7 -- Repealed 32

Section 33.8 -- Supervisors deputies to unclassified service 32

Section 33.9 -- Placement to unclassified service

from classified service 32

Section 34 -- Functions of the Commission 32

Section 35 -- Civil Service Rules 33

Section 36 -- Certification of Payroll 34

Section 361/2 -- Veterans' credit 35

Section 37 -- Repealed 35

Section 38 -- Repealed 35

Section 39 -- Repealed 35

Section 40 -- Repealed 35

Section 41 -- Political, religious opinions 36

Section 42 -- Repealed 37

Section 43 -- Repealed 37

Section 44 -- Misdemeanor 37

Section 44.5 -- Leasing of County-owned property 37

Section 44.7 -- Independent Contractors 38

X. LABOR

Section 45 -- No discrimination as to sex 38

Section 46 -- Eight-hour day 38

Section 47 -- Fixing compensation 38

Section 47.5 -- Discharge of striking employees 38

Section 48 -- Vacation 42

Section 49 -- No labor without compensation 43

Article Page

XI. RECALL

Section 50 -- Procedure 43

XII. MISCELLANEOUS

Section 51 -- Appointments of employees 43

Section 52 -- Changes of compensation 44

Section 53 -- Traveling expenses 45

Section 54 -- No financial interest 45

Section 55 -- No private law practice 45

Section 56 -- Effect of charter 46

Section 561/4 -- Public entity performing County functions 47

Section 561/2 -- Municipal functions 47

Section 563/4 -- Agreement with public entities 48

Section 564/5 -- No power to perform functions

of newly formed Counties 48

Section 57 -- Effective date 49

Index 50

TABLE OF CHARTER AMENDMENTS

Page

Amendment to Section 4 3

Amendment to Section 4 3

Amendment to Section 6 3

Repeal of Section 11(2) 6

Addition of Section 11(3) 6

Amendment to Section 11(4) 7

Addition of Section 11(7) 7

Amendment to Section 12 8

Amendment to Section 13 8

Amendment to Section 14 15

Amendment to Section 14 15

Amendment to Section 14, Last Sentence 15

Amendment to Section 14 15

Amendment to Section 17 17

Page

Repeal of Section 17 17

Repeal of Section 18 17

Repeal of Section 19 17

Repeal of Section 20 17

Amendment to Section 22 19

Addition of Sections 221/4, 221/2 20

Addition of Section 223/4 20

Amendment to Section 223/4 20

Page

Addition of Section 241/3 22

Repeal of Section 241/3, Subsection (b) 22

Addition of Section 242/3 24

Amendment to Section 25 25

Repeal of Section 28 27

Repeal of Section 29 27

Amendment to Section 30 28

Amendment to Section 30 28

Page

Amendment to Section 31 29

Amendment to Section 31 29

Amendment to Section 31 29

Amendment to Section 31 29

Amendment to Section 32 29

Amendment to Section 33 30

Page

Amendment to Section 33 30

Amendment to Section 33(d) 30

Amendment to Section 33(e) 30

Addition of Section 33(h) 30

Addition of Section 33(i) 30

Amendment to Section 33.5(a) 31

Page

Repeal of Section 33.7 32

Addition of Section 33.8 32

Addition to Section 33.9 32

Amendment to Section 34, Subsection 9 32

Amendment to Section 34, Subsection 10 32

Addition of Section 34, paragraphs 10.1 and 10.2 32

Page

Amendment to Section 34, Subsection 11 32

Amendment to Section 34, Subsection 13 32

Amendment to Section 34, Paragraph 13 33

Amendment to Section 34, Subsection 15 33

Addition of Section 34, Subsection 17 33

Amendment to Section 34, Paragraph 17 33

Page

Amendment to Section 34 33

Amendment to Section 34 33

Amendment to Section 35 34

Amendment to Section 36 34

Amendment to Section 36 34

Addition of Section 361/2 35

Page

Amendment to Section 361/2 35

Repeal of Section 37 35

Repeal of Section 38 35

Repeal of Section 39 35

Repeal of Section 40 35

Amendment to Section 41 35

Repeal of Section 42 37

Page

Repeal of Section 43 37

Addition of Section 44.5 37

Addition of Section 44.7 38

Amendment to Section 44.7 38

Amendment to Section 47 38

Addition of Section 47.5 38

Page

Amendment to Section 48 38

Amendment to Section 50 43

Amendment to Section 52 44

Amendment to Section 54 44

Addition of Section 561/4 47

Addition of Section 561/2 47

Page

Addition of Section 563/4 48

Addition of Section 564/5 48

TABLE OF CASES CITED

Page

Anderson v. Lewis, 29 Cal. App.24, 154 P. 287 (1915) 6

Avan v. Municipal Court, 62 Cal.2d 630, 43 Cal. Rptr. 835, 401 P.2d

227 (1965) 13

Avery v. Midland County, 390 U.S. 474, 88 S. Ct. 1114,

20 L.Ed.2d 45 (1968) 4

Bank of America v. Board of Supervisors, 93 Cal. App.2d

75, 208 P.2d 772 (1949) 18

Board of Education v. Watson, 63 Cal.2d 829, 49 Cal.

Rptr. 481, 409 P.2d 481 (1966) 8

Board of Law Library Trustees v. Lowery, 67 Cal. App.2d

480, 154 P.2d 719 (1945) 13

Board of Supervisors v. Simpson, 36 Cal.2d 671, 227 P.2d 14 (1951) 8, 18

Brown v. Francisco, 123 Cal. App.2d 413, 266 P.2d

951 (1954) 2

Bybee v. Richards, 134 Cal. App. 467, 25 P.2d 472 (1933) 44

Calderon v. City of Los Angeles, 4 Cal.3d 251, 93 Cal.

Rptr. 361, 481 P.2d 489 (1971) 4

Chester v. Hall, 55 Cal. App. 611, 204 P. 237 (1921) 11

Cline v. Lewis, 175 Cal. 315, 165 P. 915 (1917) 6, 44

County Sanitation Dist. No. 2 v. Los Angeles County

Employees' Assn., 38 Cal.3d 564, 214 Cal. Rptr.424 (1985) 38

Cronin v. Civil Serv. Commission, 71 Cal. App. 633, 236 P. 339 (1925) 36

Elfbrandt v. Russell, 384 U.S. 11, 86 S. Ct. 1283, 16

L.Ed.2d 321 (1966) 36

Page

Gibson v. Civil Serv. Commission, 27 Cal. App. 396, 150

P. 78 (1915) 5, 12

Glasser v. Municipal Court, 27 Cal. App.2d 455, 81 P.2d 260 (1938) 5

Globe v. County of Los Angeles, 163 Cal. App.2d 595, 329 P.2d 971 (1958), aff’d sub nom, Nelson v. County of Los Angeles, 362 U.S. 1; 80 S.Ct. 527; 4 L.Ed.2d 494 (1960) 36

Ham v. County of Los Angeles, 46 Cal. App. 148, 189

P. 462 (1920) 27

Hedlund v. Davis, 47 Cal.2d 75, 301 P.2d 843 (1956) 16

Hirschman v. Los Angeles County, 39 Cal.2d 698, 249

P.2d 287 (1952) 36

Hofberg v. Los Angeles County Civil Service Commission,

258 Cal. App.2d 433, 65 Cal. Rptr. 759 (1968) 36

Holland v. Byram, 28 Cal.2d 567, 170 P.2d 938 (1946) 44

Hunt v. Superior Court, 178 Cal. 470, 173 P. 1097 (1918) 46

Keith v. Hammel, 29 Cal. App. 131, 154 P. 871 (1915) 19

Kerr v. Russell, 209 Cal. 36, 285 P. 311 (1930) 10

Keyishian v. Board of Regents, 385 U.S. 589, 87 S. Ct. 675,

17 L.Ed.2d 629 (1967) 36

Kirkpatrick v. Preisler, 394 U.S. 526, 89 S. Ct. 1225, 22

L.Ed.2d 519 (1969) 4

Lesem v. Getty, 23 Cal. App.2d 57, 72 P.2d 183 (1937) 7, 15

Los Angeles County Federation of Labor v. County of

Los Angeles, 160 Cal. App.3d 905, 207 Cal. Rptr. 1 (1985) 38

Los Angeles, County of v. Cline, 37 Cal. App. 607, 174

P. 73 (1918) 6, 15

Page

Los Angeles, County of v. Hammel, 26 Cal. App. 580, 147

P. 983 (1915) 44, 46

Mapes v. Williams, 2 Cal.2d 177, 25 P.2d 896, 39 P.2d 421 (1934) 3

Markowitz v. Carpenter, 94 Cal. App.2d 667, 211 P.2d

617 (1949) 6

Marks v. Superior Court, 245 Cal. App.2d 779, 54 Cal.

Rptr. 169 (1966) 13

McKesson v. Lowery, 51 Cal.2d 660, 335 P.2d 662 (1959) 44

McMillin, Estate of v. Robinson, 46 Cal.2d 121, 292

P.2d 881 (1956) 12

Miller, Estate of, 5 Cal.2d 588, 55 P.2d 491 (1936) 1, 12,

18, 19

Miller v. McKinnon, 20 Cal.2d 83, 124 P.2d 34 (1942) and Wilson v. Sharp,

42 Cal.2d 675, 268 P.2d 1062 (1954) 18

Morton v. Richards, 134 Cal. App. 665, 26 P.2d 320 (1933) 6, 44

Murphy, Estate of, 171 Cal. 697, 154 P. 839 (1916) 19

Nelson v. Los Angeles County, 362 U.S. 1, 80 S. Ct. 527,

4 L.Ed.2d 494 (1960) 36

Nielson v. Richards, 69 Cal. App. 533, 232 P. 480 (1924) 13

Noel v. Lewis, 35 Cal. App. 658, 170 P. 857 (1917) 5, 15

Ogle v. Eckel, 49 Cal. App.2d 599, 122 P.2d 67 (1942) 18

Ostly v. Saper, 147 Cal. App.2d 671, 305 P.2d 946 (1957) 13

Pasadena, City of v. County of Los Angeles, 235 Cal. App.2d

153, 45 Cal. Rptr. 94 (1965) 47

People v. McAleer, 33 Cal. App. 135, 164 P. 425 (1917) 1, 11

People v. Ziady, 8 Cal.2d 149, 64 P.2d 425 (1937) 7

Placer County Employees' Association v. Board of Supervisors,

233 Cal. App.2d 555, 43 Cal. Rptr. 782 (1965) 30

Page

Pridham v. Lewis, 30 Cal. App. 395, 158 P. 333 (1916) 3, 46

Pulcifer v. County of Alameda, 29 Cal.2d 258 175 P.2d

1 (1946) 44

Reuter v. Board of Supervisors, 220 Cal. 314, 30 P.2d

417 (1934) 18

Sacramento, County of v. Chambers, 33 Cal. App. 142, 164

P. 613 (1917) 1

Sacramento, City of v. Simmons, 66 Cal. App. 18, 225 P. 36 (1924) 15

Sausalito, City of v. County of Marin, 12 Cal. App.3d

550, 90 Cal. Rptr. 843 (1970) 5

Sawyer v. Berger, 34 Cal. App. 567, 168 P. 371 (1917) 44

Schnell, Estate of, 82 Cal. App.2d 170, 185 P.2d

856 (1947) 19

Seidel v. Waring, 36 Cal.2d 149, 222 P.2d 669 (1950) 13

Shay v. Roth, 64 Cal. App. 314, 221 P. 967 (1923) 44

Smith v. Evans, 42 Cal. App.3d 154 (1974) 2

Stirling v. Board of Supervisors, 48 Cal. App.3d 184; 121

Cal. Rptr. 435 (1975) 5

Steiner v. Darby, 88 Cal. App.2d 481, 199 P.2d 429

(1948); 338 U.S. 327, 94 L.Ed. 144, 70 S. Ct. 161 (1949) 36

Tehama, County of v. Winter, 56 Cal. App. 341, 205 P. 97 (1922) 6, 15

Thomas v. Pridham, 171 Cal. 98, 153 P. 933 (1915) 26

Union Bank and Trust Co. v. County of Los Angeles, 11 Cal.2d

675, 81 P.2d 919 (1938) 11

Walker v. County of Los Angeles, 55 Cal.2d 626, 12

Cal. Rptr. 671, 361 P.2d 247 (1961) 38

Page

Watson v. Los Altos School District, 149 Cal. App.2d

768, 308 P.2d 872 (1957) 1

Whelan v. Bailey, 1 Cal. App.2d 334, 36 P.2d 709 (1934) 1, 19

Wilkinson v. Lund, 102 Cal. App. 767, 283 P. 385 (1929) 5

Williams v. County of Los Angeles, LA Superior Ct.

No. 809416 (1963) 38

Wilson v. Board of Retirement, 156 Cal. App.2d 195,

319 P.2d 426 (1957) 42

Woolwine v. Superior Court, 182 Cal. 388, 188 P. 569 (1920) 18

` LOS ANGELES COUNTY

CHARTER

We, the people of the County of Los Angeles, do ordain and establish for its government this Charter.

ARTICLE I.

Name and Rights of the County

Section 1. The County of Los Angeles, as it now exists, is a body corporate and politic,¹ and as such has all the powers specified by the constitution and laws of the State of California,² and by this Charter,³ and such other powers as are necessarily implied.

Section 2. The powers mentioned in the preceding Section can be exercised only by a Board of Supervisors,⁴ or by agents and officers acting under their authority or by authority of law of this Charter.

Section 3. The corporate name shall be "County of Los Angeles," which must 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

Section 4. The County of Los Angeles shall have a Board of Supervisors 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 preceding his election,⁵ and shall be elected by such district. Their terms of office shall be four years, and each shall hold until his successor is elected and qualified. No person while a member of the Board of Supervisors shall receive any compensation, in addition to that provided for by this Section, for services rendered to any public or governmental entity. They shall each receive as compensation for their services a salary, payable monthly from the County Treasury, which shall be the same as that now or hereafter prescribed by law for a judge of the Superior Court in and for the County of Los Angeles, except that retirement benefits shall be those now or hereafter provided by  law for officers and employees of the County of Los Angeles.⁶ They shall devote all their time during business hours to the faithful service of the public.

Section 4. (Continued)

Notwithstanding any other provisions of this Charter, this amendment shall be operative as to incumbent members of said Board during their respective terms.⁷ If any provision of this amendment is held inoperative as to incumbent members during their current terms, then no change made by this amendment shall be operative as to incumbent members during their current terms, but in all other respects this amendment shall be operative to the extent legally possible.⁸

No person shall be elected and qualified for the office of member of the Board of Supervisors if such person has been elected or served in such office for three consecutive terms, commencing with a term of office which begins in December, 2002. The limitation on terms shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the terms is less than one-half of the full term of office.⁹

Section 5. The County is hereby divided into five supervisorial districts, the boundaries of which shall be and remain as they are now or until otherwise changed as provided in this Charter.

Section 6. At each general election at which the Governor is to be elected, and every four years thereafter, supervisors shall be elected from the First and Third Supervisorial districts, whose terms shall be four years, beginning at noon the first Monday in December following their election, and ending at noon on the first Monday in December, four years thereafter; provided that each shall hold office until his successor is elected and qualified.

At each general election at which the office of President appears on the ballot, and every four years thereafter, supervisors shall be elected from the Second, Fourth and Fifth districts, 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 December, four years thereafter; provided that each shall hold office until his successor is elected and qualified.¹⁰

Section 7. The Board of Supervisors may, by a two-thirds' vote of its members, change the boundaries of any supervisorial 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 supervisorial district must be made within one year after a general election.¹¹

Section 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.

Section 9. The Board of Supervisors shall elect a Chairman, who shall preside at all meetings. In case of his absence or inability to act, the members present must, by an order entered of record, select one of their number to act as Chairman pro tem. 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 Supervisors¹²

Section 10. The Board of Supervisors shall have all the jurisdiction and power which are now or which may hereafter be granted by the constitution¹³ and laws of the State of California or by this Charter.

Section 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, attaches¹⁴ and employees whose appointment is not provided for by this Charter.¹⁵

Section 11. (Continued)

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 ordinance¹⁶, for the compensation¹⁷ of elective officers and of its appointees¹⁸, unless such compensation is otherwise fixed by this Charter.¹⁹

(2) Repealed.²⁰

(3) To provide, by ordinance,²¹ for the number of assistants, deputies, clerks,²² attaches²³ and other persons to be employed from time to time in the several offices and institutions of the County, and for their compensation and the times at which they shall be appointed.

Section 11. (Continued)

(4) To provide, by ordinance, for the creation of offices²⁴ 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. The Board of Supervisors may also, by ordinance, consolidate or separate offices provided for in this Charter or by law.²⁵

(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 sums as may be fixed by the Board.

(6) To provide, publish and enforce, a complete code of rules, not inconsistent with general laws²⁶ 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.

(7) No ordinance controlling rents of residential rental units shall be enacted to control the rent of any rental unit located in a structure for which a certificate of occupancy was issued after November 1, 1980. This Section shall be in effect until November 1, 2000 upon which date it shall expire.²⁷

ARTICLE IV.

County Officers Other Than Supervisors

Section 12. The elective County officers other than members of the Board of Supervisors shall be: Sheriff²⁸, District Attorney²⁹ and Assessor.³⁰

No person shall be elected and qualified for the office of Sheriff, District Attorney or Assessor if such a person has been elected or served in such office for three consecutive terms, commencing with a term of office which begins in December 2002. The limitation on terms shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the terms is less than one-half of the full term of office.³¹

Section 13. At each general election at which the office of President appears on the ballot, and every four years thereafter, a District Attorney shall be elected, whose term shall be four years, beginning at noon on the first Monday in December following his election, and ending at noon on the first Monday in December, four years thereafter.

Section 13. (Continued)

At each general election at which the Governor is to be elected, 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 December four years thereafter. All elective County officers shall hold office until their successors are elected and qualified.³²

Section 14. The appointive County officers shall be:³³

Auditor³⁴

Board of Education,

Members of³⁵

Board of Law Library

Trustees, Members of³⁶

Civil Service Commission, Members of³⁷

Coroner³⁸

County Clerk³⁹

County Counsel⁴⁰

Section 14. (Continued)

Fish and Game Warden⁴¹

Health Officer⁴²

Horticultural Commissioner⁴³

License Collector⁴⁴

Livestock Inspector⁴⁵

Probation Committee, Members of⁴⁶

Probation Officer⁴⁷

Public Administrator⁴⁸

Section 14. (Continued)

Public Defender⁴⁹

Purchasing Agent⁵⁰

Recorder⁵¹

Registrar of Voters⁵²

Road Commissioner

Superintendent of Schools⁵³

Surveyor⁵⁴

Tax Collector⁵⁵

Treasurer⁵⁶

Section 14. (Continued)

Director of Hospitals⁵⁷

Director of Public

Social Services⁵⁷

Director of Adoptions⁵⁷

Director of Personnel⁵⁷

Section 14. (Continued)

Such other officers as may hereafter be provided by law shall also be appointive.⁵⁸

The treasurer shall be ex officio Tax Collector and License Collector.⁵⁹

The Coroner shall be a physician who is a certified pathologist.⁶⁰

Section 15. All fees collected by any County officer, board or commissioner 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.⁶¹

Section 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 qualification 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.⁶²

ARTICLE V.⁶³

Township Officers

Section 17. Repealed.⁶⁴

Section 18. Repealed.⁶⁵

Section 19. Repealed.⁶⁶

Section 20. Repealed.⁶⁷

ARTICLE VI.

Duties of Officers

Section 21. The County Counsel⁶⁸ shall represent and advise the Board of Supervisors⁶⁹ 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 actions⁷⁰ and proceedings⁷¹ in

Section 21. (Continued)

which the County or any officer thereof, is concerned⁷² or is a party. He shall also act as attorney for the Public Administrator⁷³ in the matter of all estates in which such officer is executor, administrator with the will annexed, or administrator,⁷⁴ and the County Counsel shall, in every such matter, collect the attorney's fees⁷⁵ allowed therein by law and pay the same into the County Treasury.

Section 22. The Director of Hospitals shall, under the direction of the Board of Supervisors, exercise general supervision over and enforce rules and regulations for the conduct and government of the County's hospitals, and of such other health, medical and charitable institutions and activities of the County as the Board of Supervisors may designate by ordinance. He shall perform such other duties as may be prescribed by the Board of Supervisors or by law.⁷⁶

Section 221/4. The Director of Public Social Services, under the direction of the Board of Supervisors, shall administer those activities and functions involved in providing aid or social services or both, within the limits authorized by law or ordinance, to persons who, because of their economic circumstances or social conditions, are in need thereof and may benefit thereby. He shall perform such other duties as may be prescribed by the Board of Supervisors or by law.⁷⁷

Section 221/2. The Director of Adoptions shall, under the direction of the Board of Supervisors, administer those activities and functions involved in providing assistance or services or both in connection with the adoption of persons, and all matters related thereto. He shall perform such other duties as may be prescribed by the Board of Supervisors or by law.⁷⁸

Section 223/4. The Director of Personnel shall perform duties as provided in Article IX hereof.

To enable a consolidation of personnel functions of the County, other than personnel functions which are the responsibility of other appointing authorities pursuant to the provisions of this Charter, the Board of Supervisors may prescribe that the Director of Personnel exercise general supervision over and enforce all or any portion of the rules and procedures of the County's personnel system including, but not limited thereto, the making of reports and recommendations to the Board of Supervisors with respect to the compensation of County employees and the administration of rules and procedures to be followed in the County's employer-employee relationships. All duties performed by the Director of Personnel, other than those performed pursuant to Article IX hereof, shall be under the direction of the Board of Supervisors.⁷⁹

Section 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 person 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.⁸⁰

He shall also, upon request, prosecute actions for the collection of wages and of other demands of persons who are not financially able to employ counsel, in cases in which 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, whether for plaintiffs or for defendants, shall be paid from the County Treasury, at the times and in the manner required by law, or by rules of the court, and under a system of demand, audit and payment, which shall be prescribed by the Board of Supervisors. It shall be the duty of the Public Defender, in all such litigation, to procure, if possible, 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.

Section 24. Subject to rules 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, townships and all other officers.

Section 241/3. (a) There is hereby established a department of the County to be known and designated as Department of County Forester and Fire Warden, which shall be under the management and control of the County Forester and Fire Warden who shall be appointed by the Board of Supervisors subject to the provisions of Article IX hereof, and shall be furnished such deputies, assistants, clerks, and other employees as may be provided by ordinance, provided that upon the taking effect of this Section the County Forester and the County Fire Warden heretofore existing shall become the County Forester and Fire Warden of said Department of County Forester and Fire Warden hereby created without further civil service examination, and each deputy, assistant, clerk, and other employee of said existing department shall be likewise transferred to a position of like class in the Department of County Forester and Fire Warden hereby created.

(b) Repealed.⁸¹

(c) It shall be the duty of the County Forester and Fire Warden and all deputy Forester and Fire Wardens to enforce and observe all orders and ordinances of the Board of Supervisors pertaining to forest, brush, and other fires, and all statutes relating to prevention or extinguishment of forest, brush or grass fires. The County Forester and Fire Warden shall cooperate with the State Forester and the Federal Forest Supervisors in the prevention and suppression of forest fires in the County of Los Angeles, and shall make a yearly report to the Board of Supervisors on the condition of the forests in Los Angeles County and on the damage by fire to the forests during the year reported.

(d) It shall be the duty of the County Forester and Fire Warden, subject to the orders of the Board of Supervisors, to construct and maintain fire lanes or breaks wherever proper and necessary to check and prevent the spreading of forest or brush fires. Such lanes or breaks shall be located and constructed in the manner that will serve the greatest public good with the least injury to the land on which they are constructed.

Section 241/3. (Continued)

(e) It shall be the duty of the County Forester and Fire Warden under the direction of the Board of Supervisors, to study the fire protection needs of the County, and all unincorporated territory thereof, and advise the Board of Supervisors with respect thereto, and particularly of the advisability of the formation of any County fire protection district or districts, to seek to interest the inhabitants of any such proposed fire protection district and to aid in its formation; after formation of such districts, to advise the Board of Supervisors in the purchase of equipment and other property for such districts and to supervise the agents, employees or other persons engaged to fight fires therein, and in general, to have charge of all matters relating to or connected with the administration of such County fire protection districts.

(f) It shall be the duty of the County Forester and Fire Warden to extinguish structural fires in unincorporated territory not included within any fire protection district. He shall also enforce all statutes, ordinances, and orders of the Board of Supervisors relating to the prevention and extinguishment of structural fires in such territory. Where a statute, ordinance or order of the Board of Supervisors provides for the prevention or extinguishment of particular kinds of structural fires or for the inspection or control of particular structural fire hazards and prescribes duties for the County Forester and Fire Warden respecting the same the County Forester and Fire Warden shall act in accordance with such statute, ordinance or order, but except as so prescribed his duties with reference to structural fires and structural fire hazards shall be as prescribed herein.

(g) It shall be the duty of the County Forester and Fire Warden to inspect private lands and the buildings and structures thereon for the purpose of determining if a structural fire hazard exists. Where it is found that a fire hazard exists, he shall order the owner or person responsible therefor to abate or diminish such hazard as said County Forester and Fire Warden may deem proper, and he may make recommendations or suggestions to such person for that purpose. If after due notice such person refuses or neglects to abate or to diminish such structural fire hazard as directed by said order, the County Forester and Fire Warden shall immediately report the same to the Board of Supervisors, together with his recommendations as to future action and thereafter he shall take such further steps as may be ordered by the said Board of Supervisors. It shall also be the duty of the County Forester and Fire Warden to render an annual report to the Board of Supervisors setting forth the number and full details of the structural fires which he has been called upon to extinguish, the condition of such territory with regard to structural fire hazard and his recommendations for better combatting such fires and for the abating and lessening of such fire hazard.

Section 241/3. (Continued)

(h) The County Forester and Fire Warden shall use such apparatus, equipment, fire fighting personnel and inspection personnel in carrying out the duties set forth in paragraphs (f) and (g) hereof as the Board of Supervisors may from time to time authorize for such use. Where it is necessary to use the apparatus, equipment or fire fighting force of the fire protection districts to extinguish structural fires in unincorporated territory not included in any fire protection district and where such use is authorized by the state statute creating and governing the County fire protection districts, it shall be the duty of the County Forester and Fire Warden to supervise and direct the use thereof for such purpose.

(i) It shall be the duty of the County Forester and Fire Warden to extinguish and abate peat and bog fires in unincorporated territory not included within any fire protection district. He shall also enforce all statutes, ordinances and orders of the Board of Supervisors relating to the prevention and extinguishment of such fires.

(j) It shall be the duty of the County Forester and Fire Warden subject to the orders of the Board of Supervisors to carry on educational work for the information of the public relative to the prevention of fires and to the conservation of natural resources, and to prepare or cause to be prepared information relating to these subjects and disseminate such information by means of lectures, motion pictures, stereopticon slides or other projection of pictures, displays and exhibits, or by any other appropriate means. He shall also enforce all statutes, ordinances, and orders of the Board of Supervisors relating to such educational work.⁸²

Section 242/3. The County Surveyor shall be known and referred to as the County Engineer. He shall be a civil engineer authorized to practice civil engineering in the State of California. He shall perform all the duties now or hereafter imposed by law on the County Surveyor, all civil engineering work for the County except that which is now or hereafter imposed on some other County officer by State law or by this Charter, and such other duties as may be prescribed by ordinance of the Board of Supervisors.⁸³

Section 25. Each County officer, Board or Commission shall have the powers and perform the duties now or hereafter prescribed by general law, and by this Charter, as to such officer, Board or Commission.⁸⁴

ARTICLE VII.

Road Department

Section 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 construction divisions for the construction of roads, highways and bridges, ⁸⁵ for the inclusion in any such district or division of the whole or any part of any incorporated city or town upon ordinance 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 or 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 district or division, for raising revenue therein for such purposes, 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 therefore by the county, district or division for 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 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 held for that purpose, nor unless 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 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, highways 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.

Section 27. The Road Commissioner, subject to such rules and regulations 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 contract, 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 when completed to file his written approval 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.⁸⁶

ARTICLE VIII.

Constabulary Department

Section 28. Repealed.⁸⁷

Section 29. Repealed.⁸⁸

ARTICLE IX.

Civil Service

Section 30. Purpose of Civil Service System.⁸⁹

The purpose of this article is to establish a Civil Service System for the classified service which shall provide County government with a productive, efficient, stable, and representative work force by:

Section 31. Civil Service Commission.

The Civil Service Commission shall consist of five members appointed by the Board of Sup