Butte County Municipal Code Art. V Township Officers

Editor's note—Section 1, article V, prescribing the number of justices of the peace and constables, was repealed at a special charter revision election held Nov. 3, 1970, pursuant to Ord. No. 1113, enacted Sept. 1, 1970.

Justices of the peace and constables shall be elected at the time and in the manner and for the term now or hereafter provided by law.

The board of supervisors shall provide by ordinance for one or more judicial districts and for one or more judges for each judicial district and one constable or marshal as the case may be in each judicial district; and may provide for deputy constables or deputy marshals as the board deems necessary, provided further that should the legislature hereafter, instead of the system of courts now 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 make any set number of judges or constables or marshals for said districts, and the board may discontinue the existence of the offices as provided herein, and; that the board shall provide for such number of inferior justices or judges as may be necessary for the needs of the county under such substituted system; provided further the board of supervisors may, by ordinance, appoint the sheriff of the County of Butte as ex officio constable or marshal to any judicial district, and in such event the incumbent marshals or constables may be employed as deputy sheriffs and provided further that the reference made herein to marshals shall apply only to the extent allowed under the constitution and laws of the State of California.

(Ord. No. 1113, § 1(a)(8), 9-1-70, ratified 11-3-70)

Amendment note—Section 3, Article V, was amended at a special charter revision election held Nov. 3, 1970, to read as set out. Formerly the section provided for the appointment of justices of the peace and constables in each judicial township.

Township officers shall receive such salaries as may be provided by the board of supervisors by ordinance, subject to the limitation provided in this Charter. Said ordinance shall be passed only by a four-fifths vote.

The salaries so fixed shall be in full compensation for all services of said justices of the peace and constables in criminal cases, provided that each constable shall be allowed and paid the actual and necessary expense of transporting prisoners after conviction to the county jail, which shall be paid out of the county general fund; and provided further that no justice of the peace or constable shall retain any fee, fine or other money collected by him for his own use.

Each township officer shall be allowed, in addition to his salary, such expenses as are now payable to him under the provision of the general law, or this Charter provided, however, that all such expenses shall be limited to actual and necessary expenses, and provided further that the board of supervisors may by ordinance, set forth additional limitations and additional rules which may define and set forth procedure to determine what are actual and necessary expenses as referred to herein.

(Ord. No. 1113, § 1 (a)9, 9-1-70, ratified 11-3-70)

Amendment note—Section 6, Article V, was amended at a special charter revision election held Nov. 3, 1970, by adding the second proviso clause and by the elimination of the words "and shall not include board and lodging" from the first proviso clause.

The salaries of township officers shall be paid at the same time, in the same manner and out of the same fund as the salaries of county officers.

Each township officer shall have the powers and perform the duties now or hereafter prescribed by general law, except as in this Charter otherwise provided.

Wherever the term township officer is made reference to in this charter, that term shall be deemed to include justice court officers.

(Ord. No, 1113, § 1(a)10, 9-1-70, ratified 11-3-70)

Amendment note—Section 9 was added to Article V at a special charter revision election held Nov. 3, 1970.