Los Angeles County Municipal Code Art. VI Duties of Officers

The County Counsele shall represent and advise the Board of Supervisors 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 actions and proceedings in which the County or any officer thereof, is concerned or is a party. He shall also act as attorney for the Public Administrator in the matter of all estates in which such officer is executor, administrator with the will annexed, or administrator, and the County Counsel shall, in every such matter, collect the attorney's fees allowed therein by law and pay the same into the County Treasury.

This Section shall remain in effect until December 4, 2028, or until the County Executive assumes office, and as of that date, is inoperative.

The County Counsel [65] shall represent and advise the Board of Supervisors [66], the County Executive, and all County 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 actions [67] and proceedings [68] in which the County or any officer thereof, is concerned [69] or is a party. The County Counsel shall also act as attorney for the Public Administrator [70] in the matter of all estates in which such officer is executor, administrator with the will annexed, or administrator, [71] and the County Counsel shall, in every such matter, collect the attorney's fees [72] allowed therein by law and pay the same into the County Treasury. The Board of Supervisors may authorize the County Counsel to file or dispose of suits or proceedings on behalf of the County with the concurrence of the County Executive. If the County Executive does not concur, disposition shall be by two-thirds majority vote of the Board of Supervisors.

This Section shall become operative on December 4, 2028, or as soon as the County Executive assumes office.

Additional duties are imposed upon the County Counsel by Government Code Secs. 27642, 27643, 27645, 27646 and 31529; Health and Safety Code, Sec. 34279; Penal Code, Sec. 934; Revenue and Taxation Code, Sec. 4986; Public Resources Code, Sec. 9266; Water Code, Sec. 12887.0; Welfare and Institutions Code, Sec. 10002.

The County Counsel in complying with this Section does not violate the provisions of the State Bar Act, nor does the County practice law as a corporation where the County Counsel represents the Public Administrator. Estate of Miller, 5 Cal. (2d) 588, 55 P. (2d) 491 (1936).

The latter portion of Subdivision 4 of Sec. 4 (former Sec. 7½) of Article XI is void because inconsistent and repugnant to the general provision of the Section of which it is a part. The County Charter may provide for powers and duties. Decision based on "Home Rule" theory. Reuter v. Board of Supervisors, 220 Cal. 314, 30 P. (2d) 417 (1934).

In Woolwine v. Superior Court, 182 Cal. 388, P. 569 (1920), the court raised but did not decide the question of whether those provisions of this article which are in conflict with the general laws are rendered invalid by Sub. 4 of former Sec. 7½ of Article XI of the Constitution providing"....the provisions of such charters relating to the powers and duties of Board of Supervisors and all other County officers shall be subject to and determined by General laws." In this particular case, the issue involved

those Sections of the charter giving control, despite the fact that the County government law placed a duty of representing the county in such actions upon the district attorney. See Gov. Code Sec. 26529.

The office of County Counsel is a proper county office within the meaning of the constitution, and the statute creating it is not a special law. Ogle v. Eckel, 49 Cal. App. (2d) 599, 122 P. (2d) 67 (1942).

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The Board of Supervisors has no power to cancel an assessment on a bank as to solvent credits owned, claimed, possessed or controlled by it without the consent of the County Counsel (Rev. & Tax Code Sec. 4986). Bank of America v. Board of Supervisors, 93 Cal. App. (2d) 75, 208 P. (2d) 772 (1949).

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Powers and duties of County Counsel appointed pursuant to charter are not defined by Gov. Code Sec. 27642, but such Counsel, not being appointed pursuant to such code provisions, has only the powers and duties given him by charter.

Although this Section invests the County Counsel with "exclusive charge and control of all civil actions and proceedings in which the county or any officer thereof is concerned or is a party," it is the duty of the District Attorney to abate, when directed by the Board of Supervisors, that which constitutes a public nuisance within the Red Light Abatement Act (Stats. 1913, P. 20, Sec. 1-3; Gov. Code Sec. 26528; Code of Civ. Proc. (731). Board of Supervisors of Los Angeles County v. Simpson, as District Attorney, 36 Cal. 671, 227 P. (2d) 14 (1925).

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The complaint of a taxpayer for accounting of moneys paid by the County is subject to demurrer unless it is clearly alleged therein that the District Attorney has refused to institute the action to recover the alleged illegal expenditures. 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).

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In Keith v. Hammel, 29 Cal. App. 131, 154 P. 871 (1915), the Court construed this Section, in conjunction with Sec. 21 of the Charter and Political Code Sec. 4041(16) now found in Government Code Sec. 25203, to mean that the County shall be party to actions and proceedings wherein it is concerned, and that the conduct of such actions is committed to public officers. Thus a proceeding against the sheriff to compel him to pay into the County Treasury certain fees he has collected may not be prosecuted by a taxpayer until the officers in control of litigation have refused to do so.

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The Public Administrator is a public officer of the county, performing a governmental function, and he is entitled to the legal services of the County Counsel where the charter so provides. This provision of the charter authorizing the County Counsel to collect statutory fees for such services and pay the same into the County Treasury is a proper charter provision under Sec. 4 (former Sec. 7½ of Article XI of the Constitution.) Estate of Miller, 5 Cal. (2d) 588, 55 P. (2d) 491 (1936), overruling Whelan v. Bailey, 1 Cal. App. (2d) 334, 36 P. (2d) 709 (1934).

The County Charter may properly provide for the powers and duties of its officers, and may do this without limitation by general law, hence it may provide that the County Counsel shall act as attorney for its public administrator, who is a public officer exercising a governmental function. Estate of Miller, 5 Cal. (2d) 588, 55 P. (2d) 491 (1936).

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This section does not preclude the Public Administrator from employing a special counsel when, in his judgement, it is desirable in a given case. Estate of Schnell, 82 Cal. App. (2d) 170, 185 P. (2d) 856 (1947).

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This Section "does not purport to be a revenue measure in the interest of the County. It contemplates that the County Counsel shall act, that is, do something in conducting the probate proceedings." Thus where the County Counsel does not render the ordinary legal services to the Public Administrator in a probate proceeding, he is not entitled to the statutory fees. Estate of Murphy, 171 Cal. 697, 154 P. 839 (1916).

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. [73]

1966 Amendment. Amended by 1967 Stats. Resolution Chap. 6.

Section 22¼.

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. [74]

1966 Addition. Added by 1967 Stats. Resolution Chap. 6.

Section 22½.

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. [75]

1966 Addition. Added by 1967 Stats. Resolution Chap. 6.

Section 22¾.

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. [76]

1974 Amendment. Amended by 1975 Stats. Resolution Chap. 135.

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. [77]

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.

The duties of the Public Defender have been expanded considerably by Sec. 27706 of the Government Code as am. Stats. 1965, Chap. 324, P. 1434; Stats. 1967 Chap. 123 P. 1147; Stats. 1970 Chap. 1627, P. 3438 at P. 3439 and Stats. 1972, Chap. 661.

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 24⅓.

(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. [78]

(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.

(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.

(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. [79]

Repealed by Stats. 1945, Resolution Chap. 13, P. 2921.

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1934 Addition. Added by Stats. 1935, Resolution Chap. 31, P. 2440 at P. 2442.

Section 24⅔.

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. [80]

1954 Addition. Added by 1955 Stats. Resolution Chap. 20, P. 3788 at 3790.

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. [81]

A 1984 amendment proposed by Board of Supervisors February 28, 1984, ratified at special election June 5, 1984, filed with Secretary of State August 7, 1984, and was given Charter Chapter No. 20.

Section 25⅓.

Notwithstanding any provision to the contrary in Sections 22, 22¼, 22½, 22¾, 23, 24, 24⅓, 24⅔, 27 or any other provision of this Charter, the head of each department, except the Sheriff, District Attorney, Assessor, County Legislative Analyst and Clerk of the Board, shall report to and be under the general supervision and direction of the County Executive pursuant to Article III-B of this Charter.

Section 25⅔.

The head of each County department and agency shall present their requested budget at a public meeting of the Board of Supervisors, prior to adoption of the annual County budget.