Butte County Municipal Code Art. II Board of Supervisors

* Charter references—Board of supervisors, art. II; general powers of board of supervisors, art III.

The number of members of the board, their election and the term of office shall be as prescribed by the provisions of the charter of the county.

(Code 1952, § 7)

There is hereby created the position of clerk of the board of supervisors. The clerk of the board of supervisors shall be appointed by three-fifths (⅗) vote of the board of supervisors. The clerk of the board of supervisors may be dismissed, effective thirty (30) days from the date of the action, by a three-fifths (⅗) vote of the board at any regular or special meeting. The board may relieve the clerk of the board of supervisors of his/her duties and appoint a successor during the thirty (30) day period. The clerk of the board of supervisors shall serve without salary, benefits or other compensation.

(Ord. No. 2358, § 1, 6-21-83)

Regular meetings of the board of supervisors shall be held on the second and fourth Tuesday of each month, at 9:00 a.m.; however, when Tuesday falls on a legal holiday or when the board determines, by a majority vote, to dispense with one (1) or more meetings or change the time thereof, then the board shall announce at a regular meeting preceding the holiday or change, the date and time of the next regular meeting.

(Code 1952, § 8; Ord. No. 747; Ord. No. 1006; Ord. No. 1052; Ord. No. 2456, § 1, 2-5-85; Ord. No. 3035, § 1, 11-17-92)

A special meeting may be ordered by a majority of the board of supervisors or the chairman. The order shall be signed by the members calling the meeting or the chairman and entered in the minutes. Twenty-four (24) hours' notice of the meeting shall be given by the clerk personally or by mail to the members not joining in the order. The order shall specify the business to be transacted at the special meeting, and no other business shall be transacted.

(Code 1952, § 9; Ord. No. 747)

The meeting place of the board shall be the chamber of the board located in the county administration center in the City of Oroville, in the county.

(Code 1952, § 10; Ord. No. 2273, § 1, 3-16-82)

At any meeting of the board a majority of the supervisors shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members by subpoena.

(Code 1952, § 11)

All meetings of the board of the county shall be public.

(Code 1952, § 12)

Brown Act applicable to county board of supervisors and other county legislative bodies.

(a) Findings. The board of supervisors hereby finds and declares that complete, faithful and uninterpreted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance to ensure that actions of each county legislative body are taken openly and that their deliberations are conducted openly.

(b) Requirements to remain in effect even if voluntary under state law. No future California State Budget Act, or related budget enactments, shall, in any manner, be interpreted by the County of Butte to suspend, eliminate, or otherwise modify the legal obligation and duty of the County of Butte to fully comply with the requirements of the Brown Act, including, but not limited to, the requirements of Government Code sections 54954.2 and 54954.3. Each "legislative body" (as defined in the Brown Act) of the County of Butte shall comply with the Brown Act even if future California State Budget Acts or related budget enactments make such compliance voluntary.

(Ord. No. 3048, § 1, 1-26-93)

The board shall, at its first meeting in January of each year, elect a chairman who shall preside at all meetings; in case of the absence of the chairman at a meeting, the members present must select one of their number to act as chairman pro tempore.

(Code 1952, § 13)

The board may by resolution establish and define the duties of any committee it may deem desirable for the more efficient conduct of the duties of the board.

Upon the establishment and appointing of any committee by the board, a majority of its members will constitute a quorum for the transaction of business.

(Code 1952, §§ 14, 15)

(a) Review by board. The board of supervisors may review any action which is appealable to the board. If the action is timely appealed, the appeal shall be heard as specified in the applicable section of this Code or other provision of law. If the action is appealable but no timely appeal is filed, or a timely appeal is filed but withdrawn pursuant to section 2-19.2, the action may be reviewed by the board as set forth in subsection (b) below.

(b) Review procedure and effect. At the request of any board member, the appealable action may be placed on the board's agenda for the next regular meeting following expiration of the applicable appeal period or withdrawal of a timely appeal pursuant to section 2-19.2. If a majority of all the members of the board makes the following finding, review of the action may be set for hearing at a subsequent regular meeting of the board: That the action raises a question or questions regarding the proper interpretation or application of a specified provision of the general plan, comprehensive zoning ordinance, subdivision ordinance or other county policy, ordinance, or resolution. The review hearing shall be commenced within thirty (30) days after the expiration of the time for an appeal to be filed or withdrawal of an appeal pursuant to section 2-19.2. The review hearing shall be regarded as an appeal hearing, and notice of the hearing shall be given, the hearing shall be held, and action shall be taken at the conclusion of the hearing, in the same manner as on an appeal of the matter by an interested person other than the applicant. While board review is possible or is pending, pursuant to this section, the action in question shall not be given final effect.

(Ord. No. 3271, § 1, 6-25-96)

Any appeal to the board of supervisors may be withdrawn by the appellant prior to the commencement of the appeal hearing. If an appeal is withdrawn prior to publication of the hearing notice, that portion of the appeal fee allocated for the expense of publication shall be refunded to the appellant. Upon withdrawal of an appeal, the action which had been appealed shall be given full force and effect, unless board review of the action is possible or is pending, pursuant to section 2-19.1.

(Ord. No. 3271, § 2, 6-25-96)

(a) Upon request of a supervisor-elect, county general fund moneys may be used prior to the assumption of office by that supervisor-elect for the training and orientation of that supervisor-elect, including the payment of course fees, travel and per diem expenses, course materials and consultant fees.

(b) Such training and orientation programs, and expenses therefor, shall be those the board deems proper and beneficial to the exercise of supervisorial duties by newly elected supervisors.

(c) In order to receive training and orientation funds, the supervisor-elect shall:

(1) Make a formal request of the board of supervisors; and

(2) Complete a request for overnight travel and submit itemized billings of actual expenses incurred in attendance with established county procedures.

(Ord. No. 2273, § 2, 3-16-82)

Editor's note— Section 2 of Ord. No. 4025, adopted August 10, 2010, repealed § 2-19.6, which pertained to expense allowances, and derived from Ord. No. 3554, adopted Sept. 28, 1999.