Los Angeles County Municipal Code Art. III General Powers of the Board of Supervisors

Article III, Sections 10 and 11 shall remain in effect until December 4, 2028, or as soon as the County Executive assumes office, and as of that date, are hereby repealed in their entirety.

"A county may by charter impose duties upon supervisors and other county officers in addition to those prescribed by general laws but not inconsistent or in conflict therewith. The power of the legislature to enact general laws prescribing the duties of such officers is not affected or impaired by the constitutional provisions authorizing counties to frame and adopt charters for their own government." Wilkinson v. Lund, 102 Cal. App. 767, 283 P. 385 (1929).

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

Article XI Sec. 7 of the State Constitution.

A police regulation must be by ordinance, not a resolution. City of Sausalito v. County of Marin, 12 Cal. App. (3d) 550 at 565- 566, 90 Cal. Rptr. 843 at 853 (1970).

A county police ordinance applies only to unincorporated territory. City of South San Francisco v. Berry, 120 Cal. App. (2d) 252, 260 P. (2d) 1045 (1953); Glasser v. Municipal Court, Superior Court of County of Los Angeles, No. 407228, reversed on other grounds, 27 Cal. App. (2d) 455, 81 P. (2d) 260 (1938).

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 [11] and employees whose appointment is not provided for by this Charter. [12]

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, [13] for the compensation [14] of elective officers and of its appointees, [15] unless such compensation is otherwise fixed by this Charter. [16]

(2)

Repealed. [17]

(3)

To provide, by ordinance, [18] for the number of assistants, deputies, clerks, [19] attaches [20] 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.

(4)

To provide, by ordinance, for the creation of offices [21] 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. [22]

(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 laws [23] 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. [24]

(8)

To allocate, in compliance with all laws and regulations, the County's locally generated unrestricted revenues in the general fund as follows: [25]

A.

Set aside a baseline minimum threshold of at least ten percent (10%) of the County's locally generated unrestricted revenues in the general fund (Net County Cost), as determined annually in the budget process or as otherwise set forth in the County Code or regulations, to be allocated on an annual basis, after input from, among others, the public and County departments at a public hearing, for the following primary purposes:

i.

Direct Community Investment.

Community-based youth development programs.

Job training and jobs to low-income residents focusing on jobs that support the implementation of the "Alternatives to Incarceration" workgroup recommendations as presented to the County Board of Supervisors on March 10, 2020, especially construction jobs for the expansion of affordable and supportive housing, restorative care villages, and a decentralized system of care.

Access to capital for small minority-owned businesses, with a focus on Black-owned businesses.

Rent assistance, housing vouchers and accompanying supportive services to those at-risk of losing their housing, or without stable housing.

Capital funding for transitional housing, affordable housing, supportive housing, and restorative care villages with priority for shovel-ready projects.

ii.

Alternatives to Incarceration.

Community-based restorative justice programs.

Pre-trial non-custody services and treatment.

Community-based health services, health promotion, counseling, wellness and prevention programs, and mental health and substance use disorder services.

Non-custodial diversion and reentry programs, including housing and services.

B.

The set aside shall not be used for any carceral system or law enforcement agencies, including the Los Angeles County Sheriff's Department, Los Angeles County District Attorney's Office, Los Angeles County Superior Courts, or Los Angeles County Probation Department, including any redistribution of funds through those entities. This restriction does not extend to State law requiring the County to fund court facilities and expenditures, including, but not limited to, the Trial Court Facilities Act of 2002 (2002 Senate Bill No. 1732) and Lockyer-Isenberg Trial Court Funding Act of 1997 (1997 Assembly Bill No. 233), other mandatory fines and fees, or any other County commitments to the extent required by law.

C.

The unrestricted revenues that are set aside shall phase in over a three-year period, beginning July 1, 2021, and incrementally grow to the full set-aside by June 30, 2024, pursuant to the procedures codified in the County Budget Act in the Government Code.

D.

The set aside cannot supplant monies otherwise allocated for the same categories listed in Subsection (8)(A), as defined and set forth in the County Code or regulations.

E.

The Board of Supervisors shall establish an inclusive and transparent process on the allocation of funds set aside by this Subsection (8).

F.

Notwithstanding this Subsection (8), the Board of Supervisors may, by a four-fifths vote, reduce the set-aside in the event of a fiscal emergency, as declared by the Board of Supervisors, that threatens the County's ability to fund mandated programs.

The Secretary of the Superior Court is not a County officer or attaché of the county within the purview of Sec. 4 (formerly Sec. 7½) of the Article XI of the Constitution or Sec. 56 of the Charter. Therefore compensation can be changed by legislative act during the term appointment. Noel v. Lewis, 35 Cal. App. 658, 170 P. 857 (1917).

--- (12) ---

The Board of Supervisors being authorized under the Charter, Sec. 11, to make provision for appointment of probation officers, and such appointment having been provided for, the general laws of the state cease to operate as to that matter. Gibson v. Civil Service Commission, 27 Cal. App. 396, 150 P. 78 (1915).

--- (13) ---

The absence in the Charter of provisions fixing a time for the taking effect of ordinances or relative to the initiative and referendum makes the general law provisions of Gov. Code Secs. 25120-25125 effective in these matters. Cline v. Lewis, 175 Cal. 315, 165 P. 915 (1917).

--- (14) ---

The salary of the Sheriff, having been fixed pursuant to this Section, the general law provisions relative to keeping for his own use fees received by the Sheriff for transporting persons to state prisons and asylums are superseded, and those fees though collected from the state, are required, pursuant to Sec. 15 of the Charter, to be paid into the County Treasury. County of Los Angeles v. Cline, 37 Cal. App. 607, 174 P. 73 (1918).

--- (15) ---

The charter amendment of Butte County attempting to regulate the compensation of assistants, deputies and clerk was in violation of Sec. 4 (former Sub. 5 of Sec. 7½) of Article XI of the Constitution, which provides that this power is vested in the Board of Supervisors, Morton v. Richards, 134 Cal. App. 665, 26 P. (2d) 320 (1933).

--- (16) ---

A charter provision fixing the salary of an officer takes precedence over a general law provision fixing the salary for the same officer. County of Tehama v. Winter, 56 Cal. App. 341, 205 P. 97 (1922).

--- (17) ---

Repeal proposed by Board of Supervisors February 28, 1984, ratified at special election June 5, 1984, filed with Secretary of State August 9, 1984.

--- (18) ---

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 appointment shall be made, the general laws of the state govern the matter. Anderson v. Lewis, Cal. App. 24, 154 P. 287 (1915).

--- (19) ---

County ordinances enacted pursuant to this Charter authority provided for the appointment of deputy County clerks without compensation to be parcelled out among the deputies of other County departments in order to facilitate the administration of County business and which permit a deputy or a clerk in one County office to hold an appointment under another County office, have not been nullified. Markowitz v. Carpenter, 94 Cal. App. (2d) 667, 211 P. (2d) 617 (1949).

--- (20) ---

See note 9 supra.

--- (21) ---

There is no requirement that an ordinance shall relate to but one subject or that its title should disclose all its purposes. Thus, legislation creating the office of director of public health and sanitation is not invalid because it is included in the Administrative Code of the County of San Diego. Lesem v. Getty, 23 Cal. App. (2d) 57, 72 P. (2d) 183 (1937).

--- (22) ---

1966 Amendment. Amended by Stats. 1967, Resolution Chapter 6.

--- (23) ---

Under this Section and the provisions of the Statutes of 1933, page 2005, Sec. 6, the Board of Supervisors had authority to enact ordinance providing for an affidavit by an applicant for relief. People v. Ziady, 8 Cal. (2d) 149, 64 P. (2d) 425 (1937).

--- (24) ---

1980 Addition. Proposed by the Board of Supervisors August 19, 1980, ratified at special election November 4, 1980, accepted by and filed with Secretary of State June 8, 1981, published Stats. 1981, Charter Chapter No. 19.

--- (25) ---

Proposed by Board of Supervisors July 28, 2020 [Ord. 2020-0040], ratified at consolidated special election and Statewide general election held on November 3, 2020, filed with Secretary of State August 8, 2025, and was given Charter Chapter No.