Alameda County Municipal Code § 2.02.010 Officers and employees—Powers and duties

Every county officer, board and commission shall have the powers and perform the duties now or hereafter prescribed by the Charter, state law, this code, and all other ordinances not inconsistent with the Charter or state law.

(Prior admin. code § 2-1.01)

Whenever by this code, a power is granted to an executive officer or a duty is imposed upon an executive officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized by the officer pursuant to law, unless otherwise specified.

(Prior admin. code § 2-1.02)

The appointing authority of each department shall be the officer, board or commission designated by state law or the county Charter. Unless otherwise so designated, the appointing authority of each department shall be the executive officer designated in this code.

(Prior admin. code § 2-1.03)

All appointments and removals made by the board of supervisors and all appointments and removals which are required to be ratified by the board of supervisors shall be by a majority vote of the membership of the board, except as otherwise specified in state law, this code or the Charter.

(Prior admin. code § 2-1.04)

Appointments of deputies and revocation thereof shall be made in accordance with Title 3, Division 2, Part 1, Chapter 3 of the Government Code of the State of California and the Charter.

(Prior admin. code § 2-1.05)

All resignations of executive officers shall be made in the manner provided by the state law for resignations of county officers.

(Prior admin. code § 2-1.06)

The board of supervisors may declare any position of executive officer to which appointment is made by the board vacant on the happening of either or any of, but limited to, the events set forth in this section:

A. The insanity of the incumbent when determined by the judgment of a competent tribunal;

B. The incompetency of the incumbent to perform the duties of this office or position, or conduct unbecoming to his office or position, as affirmed by adoption by the board of a resolution finding either or any of such facts;

C. The absence from the state of the incumbent for a period of thirty (30) days without consent of the board, or his absence from the state for a period of more than two months without the consent of the board of supervisors with the written approval of the Governor of the state, except when on official business, or his continued absence from the state for a period of six months under any circumstances;

D. The ceasing by the incumbent to discharge the duties of his office or position for a period of thirty (30) days, except when prevented by sickness or when absent from duty on leave of absence granted as provided in this code;

E. Conviction of a felony or any offense involving a violation of the official duties of an incumbent;

F. Refusal of the incumbent to file his official oath or bond, when the same is required, within the time prescribed;

G. The decision of a competent judicial tribunal declaring the appointment void or the office vacant.

(Prior admin. code § 2-1.07)

Before any county officer, subordinate officer or deputy enters on the duties of his office, he must take and subscribe the oath of office required by state law, and, when required by law, or by the board of supervisors, shall file with the county clerk a bond for the faithful performance of the duties of his office in such penal sum and such form as may be fixed by the board, and shall renew such bond either by filing a new bond or an additional bond when and as directed by the board.

(Prior admin. code § 2-1.09)

County officers and employees who are not required by law to furnish an individual bond to qualify for office may be required to give bond in the form and for the term fixed by the board of supervisors, against any loss or losses which such officer or employee acting alone or in collusion with others may cause through failure of such officer or employee to perform faithfully his duties or to account properly for all monies and property received by virtue of his position or employment during the term specified in such bond. A master bond may provide for general or excess coverage as to certain employees in the discretion of the board of supervisors. The cost of such bond or bonds shall be a charge against the county.

(Prior admin. code § 2-1.10)

The head of each department may prescribe such additional rules not inconsistent with these or any other rules adopted by the board of supervisors, or the civil service commission of the county as he may think necessary for the governing of his office or department and the promotion of efficient service therein.

(Prior admin. code § 2-1.11)

All county officers and employees shall at all times treat the public with whom they come in contact with utmost courtesy.

(Prior admin. code § 2-1.12)

Each board or commission and the executive officer of each department and institution of the county may receive, on behalf of the county, gifts, bequests and trusts of personal property, other than money, for any purpose connected with or incidental to the board or commission or his office, department or institution and may administer any trust declared or created for any such purpose in accordance with the terms of such trust. The acceptance of any gifts, bequests or trusts shall be subject to ratification by the board of supervisors before such board, commission or executive officer shall proceed to use, administer or expend the same. This section does not apply to trusts established under provisions of the Welfare and Institutions Code of the state of California, which trusts shall be administered as provided in said code.

(Prior admin. code § 2-1.13)

It is the policy of the board of supervisors that, unless specific permission is obtained, the public is not admitted to county buildings other than during regular working hours. Pursuant to Section 602(o) of the Penal Code, the board of supervisors hereby directs the custodian of each county building to request all persons not having apparent lawful business to transact in such building, to leave such building after the regular hours.

(Prior admin. code § 2-1.18)

Unless otherwise provided by state law, this code or other county ordinance, the executive officer of each office, department and institution of the county shall take charge of all property coming into his office, department or institution where no owner thereof can be found, and, after holding such property for a period of six months, may dispose of it in accordance with state law.

(Prior admin. code § 2-1.19)

No elective or appointive officer or employee who receives compensation as such shall hold any other public office in the National Guard of the state, or an office in any reserve military or naval force of the United States Government. "Public office of profit" means any public office with a salary or compensation attached thereto of twenty-five dollars ($25.00) or more a month.

(Prior admin. code § 2-1.20)

No elective or appointive officer or employee who receives compensation as such shall have any other employment or engage in any other activity, which employment is, by law or in fact, incompatible with his employment by the county.

(Prior admin. code § 2-1.21)

No officer or employee shall be interested directly or indirectly in any contract or transaction with the county, or become surety upon any bond given to the county. No officer or employee shall receive any commission, money, gift, or thing of value, or derive any profit, benefit or advantage, directly or indirectly, from or by reason of any dealings with, or service for the county, by himself or otherwise, except his lawful compensation as such officer or employee. Any violation of the provisions of this section shall render the contract or transaction voidable at the option of the board of supervisors, and may be grounds for disciplinary action.

(Prior admin. code § 2-1.22)

Every officer or employee who has knowledge of the violation of the provisions of Sections 2.02.150 or 2.02.170 of this chapter shall immediately report such violation to the board, and failing to do so may be removed from his officer or employment.

(Prior admin. code § 2-1.23)

The County of Alameda affirms that public service is a public trust. The mission of the County of Alameda is to enrich the lives of Alameda County residents through visionary policies and accessible, responsive, and effective services. To perform its mission, the county must have the trust and confidence of the public it serves.

The "county" is its employees, and the trust of county residents is dependent on those county employees discharging their duties honestly, forthrightly, objectively and with personal integrity. Every County of Alameda employee is responsible for performing their duties in a way that maintains the trust and confidence of the public, including placing the interest of the public good ahead of our own interest and working for the common good, and by adhering to standards of ethical conduct.

These standards of ethical conduct include:

A. Upholding principles of integrity, accountability, equality, fairness, and objectivity;

B. Treating all individuals with respect and dignity;

C. Upholding federal, state, county and local laws, ordinances and regulations;

D. Respecting and protecting privileged and confidential information received in the performance of county duties.

Professional and personal affairs must be conducted in a manner that demonstrates that employees will not be improperly influenced in the performance of official duties and do not seek personal gain through their position, regardless of the level of responsibility of the individual employee.

(Ord. No. 2024-15, § 1, 4-30-24)

This code of ethics sets forth the guiding principles for public officials. The county of Alameda is committed to the highest standards of conduct by and among elected and appointed county officials in the performance of their duties. This code of ethics seeks to ensure that promoting the common good is the hallmark of the decision-making process for all by adopting the following principles.

A. Promote decisions that serve the public interest and promote the greatest public good.

B. Actively promote public confidence in county government through your actions.

C. Recognize and support the public's right to know the public's business.

D. Involve residents in the decision-making process and welcome divergent points of view.

E. Respond to the public in ways that are complete, clear, and easy to understand.

F. Maintain a respectful attitude toward employees, other public officials, and colleagues.

G. Respect and protect privileged information (i.e., personnel matters, litigation).

H. Be a good listener, carefully considering all opinions and points of view.

I. Be informed on the background on issues before your commission or board.

J. Work in partnership with other governmental agencies, political subdivisions, and organizations to further the interest of the county.

K. Void outside interests that will interfere or conflict with maintaining an objective and impartial perspective.

L. Carefully guard against conflict of interest or its appearance in your actions or decisions.

M. Accepting gifts, services, or any object of value from any source offered to influence a decision is prohibited.

N. Efforts to influence or attempt to influence other officials to act in a manner benefiting your personal/financial interests are prohibited.

O. Evaluate recommendations (or decisions) to identify the best service, product or alternative at minimal cost without sacrificing quality or fiscal responsibility.

P. Comply with all laws and regulations applicable to an appointed official and those governing the conduct of meetings.

This code of ethics governs the conduct of board and commission members. A copy of it shall be provided to all board and commission members sitting at the time of the adoption of this Section 2.02.200.

A copy of this code of ethics shall be provided to each person appointed to a board or commission with the oath of office and shall be signed and returned by the official to the clerk of the board prior to being seated on the board or commission.

(Ord. No. 2024-19, § 1, 6-18-24)