Mariposa County Municipal Code Title 2 Administration And Personnel

HISTORY

Adopted by Ord. 796 on 2/19/1991 Adopted by Ord. 1191 Ordinance on 9/3/2024

The county declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code.

HISTORY

Adopted by Ord. 329 Sec. 1 on 7/28/1970

Pursuant to section 13522 of said Chapter 1 of Title 4, Part 4 of the Penal Code, the county, while receiving aid from the state pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

HISTORY

Adopted by Ord. 329 Sec. 2 on 7/28/1970

Pursuant to section 6040 of the California Penal Code, the county of Mariposa will adhere to the standards for selection and training established by the State Board of Corrections.

HISTORY

Adopted by Ord. 637 Sec. 1 on 4/16/1985 2.24.030 District Attorney Investigators

The county will allow the commission on peace officer standards and training and its representatives to make such inquires as deemed appropriate by the commission, to ascertain that the district attorney investigators adhere to the standards for recruitment and training established by the commission at all times while the county is receiving aid from the state under Chapter I of Title 4 of Part 4 of the California Penal Code. (Ord. 572 sec. 1, 1981).

Pursuant to authority granted in section 215 of the Code of Civil Procedure, the fees for jurors in the superior court, in civil and criminal cases, is fifteen dollars ($15) a day for each day's attendance as a juror after the first day and mileage shall be reimbursed at the current IRS mileage rate, as amended from time to time, traveled to and from the county courthouse, to attend court as a juror.

HISTORY

Repealed by Ord. 692 Sec. 1 on 9/8/1987 Amended by Ord. 980 Sec. I on 12/3/2002 2.33.020 Grand Jury Mileage

Pursuant to authority granted in Penal Code Section 890, the fees for grand jurors are fifteen dollars ($15) a day for each day's attendance as a grand juror and the mileage reimbursement applicable to county employees for each mile actually traveled in attending court as a grand juror.

HISTORY

Adopted by Ord. 590 Sec. 1 on 10/26/1982 Amended by Ord. 634 Sec. 2 on 12/11/1984 Amended by Ord. 980 Sec. I on 12/3/2002 2.36 Department Of Public Works 2.36.010 Created 2.36.020 Director Of Public Works And Transportation

The Wawona Board of Appeals is established pursuant to sections 65900-65904 of the Government Code for the purpose of implementing the policies, procedures and standards of the Wawona Specific Plan. It's intent is to further the cooperative effort between the National Park Service and Mariposa county in the Wawona area, and it shall have jurisdiction only within the town planning area.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.010 Staff Support

1. Secretarial support to the Appeals Board shall be provided by the secretary to the planning commission, and responsibilities shall include the preparation of public notices, agendas, staff reports and minutes.

2. Technical support to the Appeals Board shall be provided by Mariposa County planning department, and responsibilities shall include the preparation of special reports, planning documents, and obtaining of such information as the board deems necessary for the discharge of its responsibilities.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.020 Membership

The Wawona Board of Appeals shall consist of five (5) members as follows:

The Supervisor whose district includes the private sector of section 35; One (1) record property owner of private land in section 35 to be selected by the board of supervisors of Mariposa county; Two (2) employees of the National Park Service selected by the Superintendent of Yosemite National Park; and one (1) Mariposa county resident mutually selected by the board of supervisors and the Superintendent of Yosemite National Park.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990

The term of each member of the appeals board shall be two (2) years. The board of supervisors and the Park Superintendent shall nominate one or more candidates for the public member and alternate public member. Appointment by the appeals board shall be at a special meeting scheduled solely for that purpose.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.040 Removal From Office Or Vacancy

A member of the appeals board may be removed by a majority vote of the board of supervisors with approval by the park superintendent. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the un-expired term.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.050 Absence From Meeting

1. A member’s absence without cause from two (2) consecutive meetings is grounds for removal action by the board of supervisors. The vacancy is to be filled in the same manner as the original appointment.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 Amended by Ord. 1106 Sec. IV on 6/24/2014

The meeting place of the board of appeals shall be at the Wawona Community Building, or at such other location approved in advance by the appeals board. The appeals board shall meet only as necessary to consider matters scheduled by the secretary to the board. All meetings shall be held in accordance with Government Code sections 54950-54961.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.070 Appointment Of Chair And Vice-Chair

The appeals board shall elect a chair and vice-chair from among its members. The chair and vice-chair serve for a term of one (1) year and until the successor of each is appointed and qualified.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 Amended by Ord. 1106 Sec. IV on 6/24/2014 2.54.080 Adoption Of Rules

The appeals board shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990

The appeals board shall serve as an advisory body to the Mariposa County board of supervisors on all issues heard by the appeals board.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.100 Quorum

Three (3) members of the appeals board shall constitute a quorum for the transaction of business.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.110 Duties Of Chair

The chair shall preside at all meetings of the board. The chair shall perform all the duties necessary or incidental to the office. .

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 Amended by Ord. 1106 Sec. IV on 6/24/2014 2.54.120 Vice-Chair

The vice-chair is chair in the absence or inability of the chair to act.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 Amended by Ord. 1106 Sec. IV on 6/24/2014 2.54.130 Secretary

The secretary shall keep minutes of each meeting and shall record each hearing and official action. The secretary shall examine incoming mail for proper referral and answer correspondence for the board. The secretary shall maintain records of operations and shall perform such other duties as the board may assign.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.140 Scope Of Matters To Be Considered By The Board Of Appeals

The appeals board shall hear and make recommendations on:

1. An appeal of a planning commission action on a variance application;

2. An appeal of a planning commission action on a conditional use permit application.

3. An appeal of a planning commission action on a subdivision application;

4. National Park Service objections to the issuance of a building permit or permits.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990

The fee for appeals, and all other matters covered by this chapter shall be set by resolution, approved by the board of supervisors.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990

When a matter requires a review by the appeals board, it shall be filed with the secretary to the board, who shall endorse the date of receipt and set the matter for hearing. Notice shall be provided as required by state law and county code.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.170 Hearing--Burden Of Proof

The appeals board shall hear all persons interested in the matter. The applicant or petitioner bears the burden of proof and shall offer competent evidence in support of his application or petition.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.180 General Standards To Consider

In considering an appeal, or other matter within the Wawona Town Planning Area, the board shall consider:

1. The health, safety and welfare of the residents of Wawona;

2. The orderly development of the property in Wawona;

3. The preservation of property values;

4. The effect on the neighborhood;

5. The likelihood of a nuisance being created;

6. The effect on the general plan of the county;

7. Special conditions or exceptional characteristics of the property and its location or surroundings, such as the effects on the wild and scenic Merced River or other natural and cultural values;

8. The effect upon the purposes for which Yosemite National Park was established; and,

9. Any other relevant matters related to building or zoning.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.54.190 Time And Manner Of Board Decision

After hearing and considering the evidence, the appeals board shall make its findings and have them entered in the minutes of the board and shall forward its findings with a recommendation to the board of supervisors for final action by the board of supervisors.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990

If the board of supervisors denies an application or request, the applicant or his successor in interest may not file a new application or request for substantially the same thing for a period of six (6) months from the date the board of supervisors takes action.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990

A land use permit which is not used within the time specified in the permit, or if no time is specified elsewhere in county code, is void one year after the permit is granted. The land use permit is also void one (1) year after the use for which it is issued is discontinued.

HISTORY

Adopted by Ord. 770 Sec. 1 on 4/30/1990 2.56 Board Of Recreation Commissioners 2.56.010 Created--Established 2.56.020 Appointment Of Members 2.56.030 Compensation 2.56.040 Term Of Members 2.56.050 Organization 2.56.060 Meetings 2.56.070 Quorum 2.56.080 Lapse Of Membership 2.56.090 Powers And Duties

There is created and established a board consisting of seven (7) members to be known as the board of recreation commissioners.

HISTORY

Adopted by Ord. 177 Sec. 1 on 4/10/1956 Amended by Ord. 469 Sec. B 16 (part) on 11/15/1977 2.56.020 Appointment Of Members

The members of the board of recreation commissioners shall be representative of the five (5) supervisorial districts with each supervisor nominating one (1) member for appointment by the board of supervisors and the chairman of the board nominating two (2) members to be appointed at large. Ex officio members may be appointed from time to time to serve without vote.

HISTORY

Adopted by Ord. 177 Sec 2 on 4/10/1956 Amended by Ord. 469 Sec. B16 (part) on 11/15/1977 2.56.030 Compensation

All of the members of the board of recreation commissioners shall serve without compensation. Members may be reimbursed for their actual expenses, including travel, lodging and meal expenses incurred while on official business of the board of recreation commissioners which has had prior approval by the board of supervisors.

HISTORY

Adopted by Ord. 177 Sec. 3 on 4/10/1956 Amended by Ord. 469 Sec. B 16 (part) on 11/15/1977 2.56.040 Term Of Members

The terms of the members first appointed shall be determined by lot at the first meeting of the board of recreation commissioners with one (1) member serving two (2) years; three (3) members serving three (3) years; and three (3) members serving four (4) years. Terms of office thereafter shall be for four (4) years. All vacancies shall be filled for the unexpired terms of the member whose office is vacant in the same manner as such member received the original appointment.

HISTORY

Adopted by Ord. 177 Sec. 4 on 4/10/1956 Amended by Ord. 469 Sec. B 16 (part) on 11/15/1977 2.56.050 Organization

1. The chairman of the board of supervisors shall designate the chairman of the board of recreation commissioners to serve one (1) year. Immediately after appointment and qualification, the board of recreation commissioners shall organize by electing a vice-chairman and secretary who shall serve for one (1) year. In succeeding years, the board of recreation commissioners shall elect a chairman, vicechairman and secretary who shall serve for one (1) year.

2. The parks and recreation division manager may be appointed secretary to the board of recreation commissioners by the board of recreation commissioners.

HISTORY

Adopted by Ord. 177 Sec. 5 on 4/10/1956 Amended by Ord. 469 Sec. B 16 (part) on 11/15/1977 Amended by Ord. 580 Sec. 3 on 7/6/1982 Adopted by Ord. 725 Sec. 2 on 9/20/1988 Amended by Ord. 1069 Sec. 1 on 3/9/2010 2.56.060 Meetings

Regular meetings shall be held at least every three months at a regular date and time to be fixed by the members, and special meetings may be held upon the call of the chairman. Any four (4) members of the board of recreation commissioners may call a meeting after giving seven (7) or more days' notice of such meetings to all members.

HISTORY

Adopted by Ord. 177 Sec. 6 on 4/10/1956 Amended by Ord. 469 Sec. B 16 (part) on 11/15/1977 Amended by Ord. 1069 Sec. II on 3/9/2010 2.56.070 Quorum

Four (4) members shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time.

HISTORY

Adopted by Ord. 177 Sec. 7 on 4/10/1956 2.56.080 Lapse Of Membership

After a member of the board of recreation commissioners fails to attend four (4) consecutive meetings, unless excused by the vote of the board of recreation commissioners, his membership shall automatically terminate, and his successor shall be appointed in the same manner as his predecessor. A member of the board of recreation commissioners may be removed from office by a four-fifths' vote of the board of supervisors.

HISTORY

Adopted by Ord. 177 Sec. 8 on 4/10/1956 Amended by Ord. 469 Sec. B (16)(part) on 11/15/1977 2.56.090 Powers And Duties

The board of recreation commissioners shall have the following powers and duties:

1. Act in an advisory capacity to the board of supervisors in promoting, aiding, encouraging and conducting public recreation, including the development of recreation and park facilities and programs;

2. Act in an advisory capacity to the board of supervisors and to the deputy director-public works, parks and recreation division, in the planning, maintenance, development and operation of all recreation areas and facilities owned, controlled, or leased by the county;

3. Formulate and recommend to the board general policies related to the purposes of the board of recreation commissioners; and adopt by-laws, rules, and regulations, subject to the approval of the board, as the board of recreation commissioners may require to facilitate the operation of a recreation and parks system. Violation of any rule or regulation established pursuant to this subsection shall constitute an infraction and shall be punishable under Chapter 1.20, the general penalty provision of this code.

Such rules and regulations shall be effective thirty (30) days after approval of the board of supervisors and shall be posted at the entrance or entrances to recreational areas and facilities owned, controlled or leased by the county within thirty (30) days after approval thereof;

4. Study and make recommendations on the acquisition and development of recreation areas and facilities, such as playgrounds, parks, beaches, pools, campsites, concessions and other centers of recreation;

5. Interpret the function and operation of recreation and park services to public officials and to the general public to the end that the services receive adequate financial support from public and private sources.

HISTORY

Adopted by Ord. 177 Sec. 9 on 4/10/1956 Amended by Ord. 200 on 8/5/1959 Amended by Ord. 431 Sec. 2 (part) on 9/14/1976 Amended by Ord. 469 Sec. B(9)(part) & (16)(part) on 11/15/1977 Amended by Ord. 580 Sec. 4 on 7/6/1982 Amended by Ord. 725 Sec. 3 on 9/20/1988 Amended by Ord. 1069 Sec. III on 3/9/2010

The purpose of this chapter is to provide for the establishment of a personnel program to regulate the appointment, advancement and removal of persons in the employ of the county of Mariposa. The personnel program shall provide for the analysis and classification of jobs; recommendations to the board of supervisors regarding adequate and equitable wages, fringe benefits and retirement plans; development of effective recruitment, selection, placement, training, employee evaluation and promotion programs; assurance of equal employment opportunity of persons consistent with merit principles without regard to race, national origin, politics, religion, sex, age or other non-merit factors; protection of employees from discrimination, arbitrary removal and political pressure; development and administration of positive employee relations and communications; and to promote improvement of personnel management and employee relations.

HISTORY

Adopted by Ord. 782 Sec. 1 on 11/20/1990 2.66.020 Personnel Officer

The board of supervisors shall appoint a personnel officer to be responsible for the administration of this chapter. The personnel officer shall be responsible for the administration of the personnel plan and shall have authority to appoint such employees for personnel work as may be allowed by the board. The personnel officer shall establish methods and procedures necessary for the proper functioning of the merit system and personnel programs; provide such personnel services and assistance to department heads and employees which will contribute to the efficient conduct of the county's business; maintain such records necessary for the effective administration of the personnel system, including a file for each employee which will be available for review of the employee and authorized persons; provide the board of supervisors with such reports and information as they may from time to time require; and serve as employee relations officer. Actions of the personnel officer may be appealed to the board of supervisors.

HISTORY

Adopted by Ord. 782 Sec. 2 on 11/20/1990 2.66.030 Classification Plan

All positions, except those held by elected officers, or board or commission members, shall be included in a classification plan and shall be classified according to the duties and responsibilities in such a way that equitable schedule of compensation may be applied. Each class shall have a title and a written specification defining the class, describing examples of duties and typical tasks related to the class and setting forth the employment standards and qualifications required of persons appointed to positions in that class.

HISTORY

Adopted by Ord. 782 Sec. 3 on 11/20/1990 2.66.040 Salary

All classes of positions in the classification plan shall be assigned a salary range or rate as provided for in the salary resolution. Employees appointed to positions in the classification plan shall be paid a salary within the range provided for in the salary resolution and according to the procedures established.

HISTORY

Adopted by Ord. 782 Sec. 4 on 11/20/1990 2.66.050 Exempt Classes

All employees of the county are hereby declared to be included in this chapter except the following who are hereby expressly exempt:

1. Members of the board of supervisors, superior court judge, and all other elected officials of the county.

2. Those employees occupying the department head positions of:

   1. Administrative officer.

   2. County counsel.

   3. Director of public works.

   4. Human services director.

   5. Planning director.

   6. Chief probation officer.

   7. County health officer.

   8. Veterans/senior services/transit officer.

   9. Housing & community development director.

All non-elected department heads shall be appointed by the board of supervisors or as provided by law. Appointed department heads shall serve at the pleasure of the board of supervisors or as provided by law. All appointed department heads shall be considered exempt from merit requirements.

3. Members of appointed boards, commissions and committees.

4. Persons engaged in a contract to supply expert professional, technical or other services.

5. Volunteer personnel.

6. In addition, the following non-department head positions are not subject to the provisions of this chapter.

   1. Assistant public works director.

   2. Public works administrator.

   3. Manager, special districts and facilities.

   4. Deputy director, parks and recreation.

   5. Deputy director, road division.

   6. Undersheriff.

7. Deputy director, social welfare.

HISTORY

Adopted by Ord. 782 Sec. 5 on 11/20/1990

• 2.66.060 Administrative And Personnel Policies And Procedures

Rules, regulations, policies and procedures shall be adopted by the board of supervisors in order to govern the practices of the county. These areas shall include, but are not limited to:

1. Personnel policies and procedures manual and amendments thereof.

2. Classification of positions, including qualifications and certifications as appropriate.

3. Compensation.

4. Status of employees; performance; promotion; separation.

5. Attendance and leaves.

6. Travel policy.

7. Personnel records.

8. Employee grievance procedures.

HISTORY

Adopted by Ord. 782 Sec. 6 on 11/20/1990

No person in the classified service or seeking admission thereto, shall be employed, promoted, demoted, or discharged or in any way favored or discriminated against because of political affiliations or opinions or because of race or color, ancestry, national origin, religious creed, age, sex or because of the exercise of his/her rights under section 3502 of the Government Code. A comprehensive non-discrimination policy will be developed, adopted by the board of supervisors and maintained by the personnel office.

HISTORY

Adopted by Ord. 782 Sec. 7 on 11/20/1990 2.66.080 Political Activity

Political activities of county employees shall conform to the pertinent provision of state and federal law.

HISTORY

Adopted by Ord. 782 Sec. 8 on 11/20/1990 2.66.090 Validity

If any section or provision of this chapter should be held invalid by duly constituted judicial authority, no other section or provision of this chapter shall be deemed to be affected hereby.

The board of supervisors finds and declares that the authority and purpose of this chapter is intended to facilitate and to promote uniform personnel rules and regulations. It is also the intent of the board of supervisors in enacting this chapter to establish a centralized personnel function and systems in order to efficiently carry out the provisions of this chapter.

This chapter and any amendments thereto shall be effective upon approval of the board of supervisors and shall have the force and effect of any other county ordinance. Amendments shall require the approval of the board of supervisors.

HISTORY

Adopted by Ord. 782 Sec. 9 on 11/20/1990 2.68 Personnel Classification And Regulations 2.68.010 Citation 2.68.020 Reaffirmation And Allocation Of Prior Positions

This chapter shall be known as the Mariposa county classification regulations.

HISTORY

Adopted by Ord. 410 Sec. 1 on 11/25/1975 2.68.020 Reaffirmation And Allocation Of Prior Positions

The positions of elective officers, deputies, assistants and employees heretofore by ordinance created are reaffirmed and are allocated to the classification established in this chapter.

HISTORY

Adopted by Ord. 410 Sec. 2 on 11/25/1975 2.68.030 Definitions

The words and terms defined in this section shall have the following meanings in this chapter and in any other ordinance classifying or authorizing the employment of personnel in any department or office of Mariposa county:

1. "Classified service" means all positions other than those stated to be exempt.

2. "Compensation" means the salary, wage, fees, and other forms of valuable consideration paid to any employee by reason of service in any position, but does not include any allowances authorized and paid as reimbursement for additional expenses or mileage payments.

3. "Continuous service" means employment in the county service without break or interruption except that neither military leave, nor leaves of absence on account of illness, whether with or without pay shall be construed as a break in continuity of service. Other absences in excess of ninety (90) days in any period of twelve (12) consecutive months including layoffs for lack of work or funds, or the abolishment of position, shall be a break of continuous service. Elective officials are not limited by this definition.

4. "County service" means all positions in all departments and offices that are subject to control and regulation by the board of supervisors of Mariposa county.

5. "Employee" means any person legally occupying an appointive or elective position in county service for compensation.

6. "Exempt service" means the positions of such appointive officials, deputies and other employees as are specifically designated by the board of supervisors to be exempt from the classification plan.

HISTORY

Adopted by Ord. 410 Sec. 3 on 11/25/1975 2.68.040 Exempt Service

Persons under contract or serving by special agreement are exempt from this chapter unless specifically included by board order.

HISTORY

Adopted by Ord. 410 Sec. 4 on 11/25/1975 2.68.050 Classification Of Positions

All positions established in the county service shall be classified by the board of supervisors to effect as nearly as possible in equality of compensation for the equal duties, qualification and responsibilities.

HISTORY

Adopted by Ord. 410 Sec. 5 on 11/25/1975

Whenever one or more new positions are to be established, or when, for any reason, there is a substantial change in the duties or responsibilities of any existing positions, the classifications as set forth in this chapter shall be amended or revised in the following manner:

1. Whenever any county officer or head of any county department deems that there is a need for such amendment or revision, he shall report in writing to the board of supervisors setting forth the facts of the situation.

2. The board of supervisors shall consider the report, and if the board finds sufficient reason to do so, it may by resolution, board order, or further ordinance amend or revise this chapter.

HISTORY

Adopted by Ord. 410 Sec. 6 on 11/25/1975

When, pursuant to this chapter, a person is hired, or an employee's classification is changed, such fact shall be reported for salary purposes to the county auditor on forms to be supplied by the auditor. Such change shall not become effective until report has been made on such forms.

HISTORY

Adopted by Ord. 410 Sec. 7 on 11/25/1975 2.68.080 Schedule Of Salaries

The schedule of salaries for department heads and employees shall be as established by board order.

HISTORY

Adopted by Ord. 410 Sec. 8 on 11/25/1975 2.68.090 Vacation And Sick Leave

1. Employees shall be entitled to fifteen (15) working days vacation annually with pay. Employees who have completed fifteen (15) years in county employment shall be entitled to twenty (20) working days vacation annually with pay. Employees may accumulate up to thirty (30) days without approval of the board of supervisors. With the approval of the board of supervisors, and upon request in writing to the department head, the board of supervisors may allow an employee to accumulate up to a maximum of forty-five (45) days. Accumulated vacation may be taken between anniversary dates with the approval of the department head. No employee may take more than thirty (30) days of vacation without the approval of the board of supervisors and recommendation of the department head.

2. Employees shall be entitled to cumulative sick leave with pay at the rate of one-fourth days per month, with a maximum accumulation of ninety (90) days of sick leave. Each department head shall have the right to require a doctor's certificate showing that any employee under his jurisdiction is unable to perform the duties of his employment by reason of illness. In the event that the certificate is not provided within three (3) days from the date of demand, then the department head shall report the fact of his demand for the certificate and the failure to give the certificate to the county auditor, and the employee concerned shall not be entitled to receive compensation provided in this section until such time as he shall provide proof satisfactory to the department head of his right to receive compensation for sick leave.

HISTORY

Adopted by Ord. 410 Sec. 9 on 11/25/1975 2.68.100 Temporary Employment

The board may, as it deems necessary, authorize the hiring of any temporary help at a compensation to be stated at the time of authorization by the board.

HISTORY

Adopted by Ord. 410 Sec. 10 on 11/25/1975 2.68.110 Special Qualification

When, by reason of special qualification, a person entering county service should enter at a higher than initial step, the board may so authorize by minute order the placement of the new employee in the appropriate step.

HISTORY

Adopted by Ord. 410 Sec. 11 on 11/25/1975

In case of the promotion of any employee in the county service to a position in a higher salary range, such employee, after promotion shall be entitled to receive compensation at one step higher than the comparable salary received in the lower salary and range step; provided, however, that in those cases where the salary range overlaps, the employee shall receive the next higher step in the range of the new class, and such person shall assume and thereafter retain the anniversary date of his new appointment; provided, that in the event any employee in the service of the county is promoted who immediately prior to promotion was receiving compensation in his position at a rate higher than the maximum for the class to which he is promoted, such promotion shall not operate to reduce the rate of compensation for such persons, but such compensation shall not be increased thereby. In the case of demotion of any employee in the county service to a lower class of position, such employee shall be entitled to retain the salary step in the lower range corresponding to that which he was receiving in the higher class before such demotion; in such cases, the employee shall retain his original anniversary date. In the case of the transfer of any employee from one position to another in the same class, or to another class to which the same salary range is applicable, the employee shall remain at the same salary rate and shall retain his original anniversary date.

HISTORY

Adopted by Ord. 410 Sec. 12 on 11/25/1975

Whenever an employee accepts work under a different class of position or in exempt series in the county service, the character and nature of which work is similar and the responsibilities are equal or superior to the work such employee has been performing, and later returns to his former position, his term of employment under such different class of position shall apply on and be added to his term of service in the former class upon his return to same, provided his employment in the county service has been continuous from the date on which the employee accepts work in such different class.

HISTORY

Adopted by Ord. 410 Sec. 13 on 11/25/1975 2.68.140 Authorization For Retention Of Fees

The following county and district officers are authorized to retain for their own personal use fees as follows:

1. Public Administrator: all fees allowed by law;

2. Constables: fifty percent (50%) of the fees for service of papers in civil matters as required by law; the remaining fifty percent (50%) shall be paid into the general fund of the county.

HISTORY

Adopted by Ord. 410 Sec. 14 on 11/25/1975 Amended by Ord. 419 Sec. 1 on 2/17/1976 2.68.150 Step Classification

Each employee shall be assigned a step classification within the applicable salary range provided for that employment.

HISTORY

Adopted by Ord. 410 Sec. 15 on 11/25/1975 2.68.170 Disciplinary Action

The extent of the disciplinary action taken shall be commensurate with the offense. The employee's prior employment history may be considered as pertinent in the determination. Each of the following acts is a ground for disciplinary action:

1. Fraud in securing employment;

2. Failure to abide by any condition of employment;

3. Incompetence, inefficiency, or inexcusable neglect of duty;

4. Unauthorized absence from duty or abuse of sick leave;

5. Negligence or failure to observe safety rules or precautions of a superior; violation of a regulation or order given by a supervisor;

6. Insubordination or willful disobedience;

7. Intoxication while on duty or intemperance or addiction to the use of narcotics or habit-forming drugs;

8. Dishonesty or immorality;

9. Conviction of any criminal act;

10. Failure to meet financial obligations to the extent this leads to garnishment of wages;

11. Inexcusable violation of a federal, state, county and city law, regulation or rule.

HISTORY

Adopted by Ord. 410 Sec. 17 on 11/25/1975

The disciplinary action may be dismissal, suspension, reduction in step within range, demotion without consent, disciplinary probation, warning, or any appropriate combination of these.

1. Dismissal. Dismissal is the discharge of an employee from the county service. Termination of employment is permanent.

2. Suspension. Suspension is without pay and for a period not to exceed thirty (30) days in any fiscal year. A suspended employee forfeits his rights as an employee while serving such suspension.

3. Reduction in step within range. Reduction in step within range is the withdrawal of increments granted for merit, efficiency and length of service. Reduction in pay is effective at the beginning of the next payroll period following the effective date of the disciplinary action. Reduction may be permanent or temporary

4. Demotion without consent. Demotion without consent is reduction in classification or rank to a lower classification or rank with reduction in salary. Demotion without consent may be to the lowest classification or rank in the series to that within which the class is located. Demotion may be permanent or temporary. Reduction in pay is effective at the beginning of the next payroll period following effective date.

5. Disciplinary Probation. Disciplinary probation makes the employee placed on disciplinary probation ineligible for earned time for salary review while on such probation.

6. Warning. Warning is an official notification to the employee that there is cause for dissatisfaction with his service or conduct and that further disciplinary measure may be taken if the cause is not corrected. An official warning shall be in writing and becomes a part of the employee's official personnel record.

HISTORY

Adopted by Ord. 410 Sec. 18 on 11/25/1975

The effective date of disciplinary action is the time designated by the person authorizing the action. Disciplinary action may not be made effective prior to the date the action is taken.

HISTORY

Adopted by Ord. 410 Sec. 19 on 11/25/1975 2.68.200 Authority To Take Disciplinary Actions

The department head has authority to take disciplinary action except in cases of permanent dismissal, in which case the board of supervisors shall have the authority to make the final decision. The department head's action is subject to review by the board of supervisors; and he/she shall notify the board of supervisors of the action taken as soon as possible after it is taken.

HISTORY

Adopted by Ord. 410 Sec. 20 on 11/25/1975 2.68.210 Written Notice To Employees Of Disciplinary Action

The department head shall give the employee written notice of the action at or before it becomes effective. The written notice shall include specific charges as to offense and the time, place and circumstances of the offense or offenses.

HISTORY

Adopted by Ord. 410 Sec. 21 on 11/25/1975 2.68.220 Right Of Appeal For Disciplinary Action

An employee disciplined under these rules has the right to an appeal hearing before the board of supervisors sitting as a personnel grievance board. The hearing shall be conducted pursuant to the rules set out in Mariposa County Resolution No. 75-103 and amendments thereto.

HISTORY

Adopted by Ord. 410 Sec. 22 on 11/25/1975 2.68.230 Reimbursement For Loss Of Pay

If disciplinary action is subsequently revoked or modified, the employee is entitled to reimbursement for loss of pay. Reimbursement is limited to the period of time between the date of initial action and the date of final decision.

HISTORY

Adopted by Ord. 410 Sec. 23(A) on 11/25/1975 2.68.240 Reimbursement For Cost Of Meals

Officers and employees shall be reimbursed for the cost of meals while on county business outside of the county. For purposes of this section, Yosemite National Park shall be considered outside of the county.

HISTORY

Adopted by Ord. 410 Sec. 24 on 11/25/1975 2.68.250 Annual Merit Promotions

Promotions within assigned salary ranges may be made by the board of supervisors, with each such promotion to become effective as of the first day of the month following the anniversary date of the employee affected thereby; provided, however, that each such promotion shall be based upon a written report and recommendation of the county officer or department head under whom the particular employee serves, as well

as a finding by the board of supervisors that the performance record of the employee merits such promotion. Except as otherwise provided herein, no employee may be promoted by more than one (1) step, whether by step assignment or by assignment of a new salary range, during any period of twelve (12) months.

HISTORY

Adopted by Ord. 410 Sec. 25 on 11/25/1975

1. All salary and payroll warrants shall be dated, and distributed by the auditor, on the last regular working day of each month, beginning the last regular working day of the month wherein this ordinance becomes effective.

2. It shall be the responsibility of each department head or a representative selected by each department head, to pick-up from the auditor's office, the warrants for salary payroll of each employee and officer between 4:30 and 5:00 p.m. on the last regular working day of each month. For those department heads, employees and officers whose departments are closed on the last regular working day, or are located outside the township of Mariposa, it shall be the responsibility of the auditor to place said warrants in the mail, so that said warrants are received on the last working day of each month.

3. Post-dated warrants shall not be issued; the drafting and mailing of warrants as described in "B" above, shall not be considered post-dated warrants for the purposes of this paragraph.

HISTORY

Adopted by Ord. 615 Sec. 1 on 2/28/1984 2.68.274 Replacing A Warrant Deemed Lost

A county warrant is considered lost if it has been mailed and not been received by the addressee within seven (7) days after the date of mailing.

HISTORY

Adopted by Ord. 720 Sec. 1 on 8/16/1988

No person shall hereafter be elected or appointed to the office of county auditor unless:

1. He possesses a valid certificate issued by the California State Board of Accountancy under the provisions of Chapter 1, Division 3 of the Business and Professions Code showing him to be, and a permit authorizing him to practice as, a certified public accountant or as a public accountant; or

2. He possesses a valid certificate or diploma of graduation from a school of accountancy or a degree in business administration or a related field, or;

3. He has served as county auditor or as deputy county auditor for a continuous period of not less than three years.

• This section shall not apply to any person duly elected or appointed as a county auditor and actually serving as such officer on the effective date of this section, and such person shall be deemed to be eligible to hold, and to be re-elected to, said office notwithstanding the provisions of this section.

HISTORY

Adopted by Ord. 789 Sec. 1 on 1/8/1991

There is hereby created, in and for the county of Mariposa, the position of county administrative officer. No provision of this ordinance is intended to nor shall it vest in the county administrative officer any right, duty, or responsibility which is now statutorily conferred on any other officer, department head, or employee of the county.

HISTORY

Adopted by Ord. 678 Sec. 1 on 2/24/1987 Amended by Ord. 845 Sec. I on 12/1/1992 2.92.020 Appointment And Removal

1. The county administrative officer shall be chosen upon the basis of knowledge and skills in public administration, business administration, demonstrated administrative ability, and knowledge of public agency budgeting, personnel, finance and organization. This requirement shall be defined in the job description for the county administrative officer and adopted by the board of supervisors.

2. The county administrative officer shall be appointed by, and serve at the pleasure of, the board of supervisors, and may be removed from office by majority vote of the board at any time.

HISTORY

Adopted by Ord. 678 Sec. 1 on 2/24/1987 Amended by Ord. 845 Sec. I on 12/1/1992 Amended by Ord. 997 Sec. II on 10/28/2003 2.92.030 Salary And Benefits

The compensation of the county administrative officer shall be established by resolution by the board of supervisors; benefits shall be the same as for other appointed county department heads.

HISTORY

Adopted by Ord. 678 Sec. 1 on 2/24/1987 Amended by Ord. 845 Sec. I on 12/1/1992 2.92.040 Administrative Powers And Duties

1. The county administrative officer shall be responsible to the board of supervisors for those specifically assigned activities concerning the administration of county offices, departments, and special districts under the jurisdiction of the board of supervisors.

2. If designated by the Board, specific activities may include but not be limited to the following:

   1. Plans, organizes, and directs the daily operations of County government and works as a liaison between the Board of Supervisors and department led by appointed and elected officials, ensuring smother governance and communication.

   2. Attends Board meetings to understand policies and receive assignments; advises the Board on administrative practices.

   3. Assists with emergency planning and response activities, ensuring the County's preparedness for crises and its ability to respond effectively to emergencies.

   4. Makes oral and written presentations to the Board and other public/private groups; provides information to the news media and the public regarding County operations.

   5. Recommends appointments, disciplinary actions, and dismissals of appointed department heads, subject to the Board of Supervisors' approval.

   6. Reviews budget proposals and revenue projections to prepare the annual budget.

   7. Directs department heads in preparing budgets and oversees the financial operations of departments under appointed officials. This includes setting expenditure controls and ensuring fiscal compliance with County objectives.

3. Accounts for budget variances; develops budget instructions and procedures with finance and auditor's office; reviews and comments on funding request and staffing levels; monitors expenditures for compliance.

   9. Studies and proposes improvements and simplifications to systems and procedures.

   10. Conducts research in administrative practices and recommends efficiency improvements to the Board.

   11. Settles and reject general liability and workers' compensation claims up to an amount authorized by the Board of Supervisors; may also accept liability claim settlements in favor of the County within the limits set by the Board.

   12. Represents the Board with other governmental agencies; serves as the Boards legislative liaison at local, state, and federal levels, participating in advocacy and community programs.

   13. Implements legislative advocacy programs; analyzes and recommends responses to proposed legislation and administrative regulations; participates in lobbying with oral and written testimony.

   14. Prepares and administers long-term capital improvement plans, including financing strategies.

   15. Directs the purchasing of property, equipment, and supplies.

   16. Works with county counsel to negotiate and/or supervise the negotiation of contractual agreements; administers and enforces agreements.

   17. Directs the establishment and enforcement of personnel policies.

   18. Directs, develops, evaluates, and disciplines designated department heads and staff; implements training programs to enhance capabilities and improve service delivery; resolves staff problems, concerns, complaints and grievances.

   19. Develops and implements strategic plans to achieve the County's long-term objectives.

   20. Facilitates effective communication between the Board, County departments, and the public.

   21. Engages with community leaders and stakeholders to gather input and foster relationships.

   22. Ensures County operations comply with all applicable laws, regulations, and standards.

   23. Establishes performance metrics and monitors departmental performance to ensure goals are met.

   24. Promotes the use of technology and innovative practices to enhance County services and operations.

   25. Investigates and resolves complaints and concerns regarding County programs and services; acts as liaison with cities, other counties, and regional, state, and federal agencies.

   26. Performs special assignments for the Board as directed.

4. The departments and/or divisions the County Administrative Officer will have direct oversight over and recommend to the Board of Supervisors the appointment, termination, discipline, contract termination, etc. are:

   1. Agricultural Commissioner.

   2. Planning.

   3. Building.

   4. Public Works.

   5. Health and Human Services.

   6. Library.

   7. County Fire.

   8. Child Support; and

   9. University Co-operative Extension.

5. The County Administrative Officer will act as a support and liaison to the following elected officials; 1. Assessor/Recorder.

   2. Auditor.

   3. County Clerk/Tax Collector/Treasurer.

6. Chief Probation Officer (appointed by the Superior Court Judge).

   5. District Attorney.

   6. Sheriff'-Coroner-Public Administrator.

HISTORY

Adopted by Ord. 678 Sec. 1 on 2/24/1987 Amended by Ord. 845 Sec. I on 12/1/1992 Amended by Ord. 997 Sec. II on 10/28/2003 Amended by Ord. 1109 Sec. I on 12/9/2014 Amended by Ord. 1193 Amended on 1/6/2025 Amended by Ord. 1199 on 7/1/2025 Amended by Ord. 1207 on 4/21/2026 2.96 Mariposa County Fire Department 2.96.010 Department Created--Department Head

There is hereby created, in and for the county of Mariposa, the Mariposa County fire department. This department shall be directed by the county fire chief who shall be appointed by the board of supervisors, shall be a department head, and shall serve at the pleasure of the board of supervisors, and may be removed from office by majority vote of the board at any time, with or without cause. The fire chief shall serve as the emergency planning coordinator pursuant to County Code section 2.80.060.

HISTORY

Adopted by Ord. 849 Sec. I on 1/26/1993 Amended by Ord. 906 Sec. I on 10/15/1996 2.96.020 Salary And Benefits

The compensation of the county fire chief, if any, shall be established by resolution by the board of supervisors; benefits, if any, shall be established by resolution by the board of supervisors.

HISTORY

Adopted by Ord. 849 Sec. I on 1/26/1993 2.96.030 Staff

The number of staff, if any, and the compensation for staff, if any, shall be established by resolution by the board of supervisors.

The county fire chief shall be responsible to the board of supervisors for: 1) implementing policy established by the board of supervisors for the administration of the department; 2) preparing and presenting to the board of supervisors an annual budget for the operation of the department; 3) charging and collecting fees for fire department services as established by the board of supervisors; 4) preparing and presenting for board consideration all issues relating to the operation of the fire department of the county; 5) responsibility for enforcement of building inspections and building standards adopted by the state fire marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the state fire marshal pursuant to Health and Safety Code section 13146. 6) The county fire chief shall have the authority to discipline any volunteer firefighter without cause and without right of appeal. Such discipline may include suspension, separation, or such other appropriate steps as the county fire chief deems appropriate. This regulation governing removal of a volunteer is in compliance with California Labor Code section 1964.

HISTORY

Adopted by Ord. 849 Sec. I on 1/26/1993 Amended by Ord. 907 Sec. 1 on 11/12/1996 Amended by Ord. 930 Sec. I on 3/3/1998 2.96.050 Field Line Authority

The fire chief shall be in charge of all fire department field operations.

HISTORY

Adopted by Ord. 907 Sec. II on 11/12/1996 2.96.060 Volunteers To Provide Manpower

The board of supervisors, or its designee, shall execute agreements with volunteer firefighters within the county to provide volunteer firefighter services to the Mariposa County fire department. Volunteer firefighters shall meet all employment standards as provided pursuant to the classification of "volunteer firefighter" as

adopted by the board of supervisors from time to time; must meet medical standards as determined by the county health officer based upon board adopted criterion; and must maintain proficiency to the standards of the board of supervisors as adopted and amended from time to time and to the satisfaction of the fire chief in firefighting, medical response, and related skills.

HISTORY

Adopted by Ord. 849 Sec. I on 1/26/1993 Amended by Ord. 907 Sec. III & IV on 11/12/1996 2.96.070 Volunteers As County Employees

Members of volunteer fire companies, who have executed an agreement with Mariposa county, shall be provided worker's compensation insurance for injuries suffered while acting as a volunteer firefighter on behalf of the county, and shall be covered by the county liability policy while acting as a volunteer firefighter on behalf of the county. Volunteers shall not be paid. Volunteers shall not have a property right in the volunteer firefighter job or position.

HISTORY

Adopted by Ord. 907 Sec. V on 11/12/1996 2.96.080 Personnel And Equipment

A county is not obligated to provide a county fire department, county fire warden or fire chief or any firefighting personnel and/or equipment. Mariposa county will provide personnel and equipment to the department based upon the financial ability of the county to so provide as determined by the board of supervisors.

HISTORY

Adopted by Ord. 687 Sec. 1 on 8/11/1987 Amended by Ord. 818 Sec. I on 11/19/1991 Amended by Ord. 849 Sec. I on 1/26/1993 Amended by Ord. 907 Sec. VI on 11/12/1996

• 2.104.010 Findings And Purpose

The board of supervisors of the county of Mariposa finds that:

The voters of the state of California passed the California Children and Families First Act of 1998. The act recognizes that there is a compelling need in California to create and implement a comprehensive, collaborative, and integrated system of information and services to promote, support, and optimize early childhood development from the prenatal stage to five years of age.

The act further recognizes that there is a compelling need in California to ensure that early childhood development programs and services are universally and continuously available for children until the beginning of kindergarten. Proper parenting, nurturing, and health care during these early years will provide the means for California’s children to enter school in good health, ready and able to learn, and emotionally welldeveloped.

It is the intent of this ordinance to facilitate the creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance optimal early childhood development. This system should function as a network that promotes accessibility to all information and services from any entry point into the system. It is further the intent of this ordinance to emphasize local decision making, to provide for greater local flexibility in designing delivery systems, and to eliminate duplicate administrative systems.

The California Children and Families First Act of 1998 provides for funding through an excise tax on tobacco products in order to implement the goals and objectives which are outlined in the act itself. It is the further intent of this ordinance to create Mariposa County’s children and family’s first commission and Mariposa

County’s children and families first trust fund in order to receive funding through the act and to implement the goals and objectives outlined in the California Children and Families First Act of 1998.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999 2.104.020 Definitions

1. “Act” means the California Children and Families First Act of 1998.

2. “California children and families commission” means the state commission established in accordance with Health and Safety Code Section 130110.

3. “Commission” means the Mariposa County children and families first commission established pursuant to Health and Safety Code Section 130140.

4. “County strategic plan” means the plan adopted by the commission and submitted to the California children and families first commission pursuant to Health and Safety Code section 130140.

5. “Trust fund” means the children and families first trust fund established pursuant to Health and Safety Code section 130105.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999

There is established a commission to be known as First 5 of Mariposa County.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999 Amended by Ord. 1056 Sec. I on 6/16/2009 2.104.040 Establishment Of Trust Fund

There is established a trust fund to be known as the Mariposa County children and families first trust fund.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999 2.104.050 Membership

The county commission shall be appointed by the Mariposa County board of supervisors and shall consist of nine members. The membership shall consist of:

• One member of the board of supervisors;

• One member who is the department of human services director or his/her designee; One member who is the county health officer or his/her designee;

• One member who is a recipient of project services included in the county strategic plan with one initial term of two years;

• One member who is the superintendent of the Mariposa County unified school district or his/her designee;

• One (1) member who is an educator specializing in early childhood development;

• One member who is a member of the local childcare resource and referral agency (childcare coordinating group); and

• Two members at large.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999 Amended by Ord. 994 Sec. I on 10/14/2003 Amended by Ord. 1024 Sec. I on 11/15/2005 Amended by Ord. 1032 Sec. I on 12/12/2006 Amended by Ord. 1056 Sec. II on 6/16/2009 Amended by Ord. 1063 Sec. I on 10/20/2009 2.104.060 Terms - Appointment

Commission members shall be appointed by the board of supervisors. Commission members shall serve at the pleasure of the board of supervisors. The term of office of each member shall be for three years and until the appointment of his/her successor.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999 2.104.070 Terms - Staggered

Terms of office of the commission members shall be staggered. The following members shall have an initial term of three years: member of board of supervisors; human services director or his/her designee; county health officer or his/her designee. The following shall have a one year term: one member who is an educator specializing in early childhood development; chairperson of the Mariposa childcare planning council. Thereafter, all members shall serve three year terms or until replaced by the board of supervisors.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999 2.104.080 Vacancies And Removal

1. A vacancy on the commission shall occur automatically on the happening of any of the following events before the expiration of the term:

   1. Removal of the incumbent for any reason;

   2. Death or resignation of the incumbent;

   3. Ceasing to be a representative from the various categories provided for in section 2.104.050; or

2. Absence of members at three (3) consecutive regular or special meetings or his/her absence from four (4) regular or special meetings in any twelve (12) month period throughout any calendar year of their appointment without just cause (illness, family emergency), and advance notice of such cause (given by 10:00 a.m. the morning of the meeting) submitted by e-mail or phone call to the executive director or commission chair shall constitute grounds for removal from the commission. When a member fails to attend three (3) consecutive regular or special meetings without just cause or four (4) regular or special meetings within any calendar year without just cause, the commission will assess that member’s ability and desire to remain on the commission. Exceptions to the above rules may be granted under extenuating circumstances upon unanimous approval of members of the commission.

   5. Absence of members at three consecutive regular or special meetings or his/her absence from four regular or special meetings in any twelve month period throughout any calendar year of their appointment without just cause (illness, family emergency), and advance notice of such cause (given by 10:00 a.m. the morning of the meeting) submitted by e-mail or phone call to the executive director or commission chair shall constitute grounds for removal from the commission. When a member fails to attend three consecutive regular or special meetings

without just cause or four regular or special meetings within any calendar year without just cause, the commission will assess that member’s ability and desire to remain on the commission. Exceptions to the above rules may be granted under extenuating circumstances upon unanimous approval of members of the commission.

The executive director of the commission shall submit a recommendation for the removal of any member from the commission upon the vote and approval of 7 commission members. The board of supervisors shall review said recommendation and take final action on removal.

2. The executive director shall certify the happening of any vacating event to the board of supervisors. The board of supervisors may waive any vacating event for any member of the commission by majority vote of the board of supervisors.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999 Amended by Ord. 1056 Sec. III on 6/16/2009 Amended by Ord. 1063 Sec. I on 10/20/2009

• 2.104.090 Chairperson - Rules And Regulations

The members of the commission shall annually elect a chairperson who shall serve for a term of one year. The commission shall make such rules and regulations as are necessary to conduct its business.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999

• 2.104.100 Commission Subject To Ralph M Brown Act

The commission’s meetings are subject to the open meeting laws contained in the Ralph M. Brown Act.

1. To conduct at least one public hearing on its proposed county strategic plan before the plan is adopted.

2. To conduct at least one public hearing on its periodic review of the county strategic plan before any revisions to the plan are adopted.

3. To submit its adopted county strategic plan, and any subsequent revisions thereto, to the state commission and the board of supervisors.

4. To prepare and adopt an annual audit and report pursuant to Health and Safety Code section 130150. The commission shall conduct at least one public hearing prior to adopting any annual audit and report.

5. To conduct at least one public hearing on each annual report by the state commission prepared pursuant to Health and Safety Code section 130150, Subdivision (b).

6. Make copies of its annual audits and reports available to members of the general public on request and at no cost.

7. To exercise all powers, duties, and functions as are prescribed by statute, the board of supervisors, and the commission.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999

The members of the commission shall serve without compensation, but may receive actual and necessary expenses as are incurred in carrying out their duties.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999 2.104.120 Duties

The commission is charged with the following duties:

1. To implement the goals and objectives of the act.

2. To administer the monies in the Mariposa County children and families first trust fund.

3. The development and adoption of an adequate and complete county strategic plan for the support and improvement of early childhood development within Mariposa county as outlined in the act.

4. The board of supervisors shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the commission. The board of supervisors shall act within sixty days to fill a vacancy.

HISTORY

Adopted by Ord. 944 Sec. I on 5/18/1999

• 2.112.100 Employer-Employee Relations Policy

As required by Welfare and Institutions Code section 12302.25, the board of supervisors of Mariposa county hereby determines that the establishment of a public authority whose powers are derived from and consistent with the provisions of Welfare and Institutions Code section 12301.6 is necessary for the public’s health and welfare. The public authority shall serve as the employer of providers of in-home supportive services for purposes of the Meyers-Milias-Brown Act.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.020 Definitions

1. “IHSS” means in-home supportive services as described in Welfare and Institutions Code section 12300 et seq., as amended from time to time.

2. “In-home supportive services personnel and provider” means a person who provides in-home supportive services to one or more recipients.

3. “Public authority” means the Mariposa County in-home supportive services public authority.

4. “Recipient” means a person eligible and authorized to receive in-home supportive services under Welfare and Institutions Code section 12300 et seq.

5. “County” means the county of Mariposa.

6. “Advisory committee” means a committee of not more than 11 individuals appointed by the board of supervisors to serve in an advisory capacity regarding IHSS and the public authority, related to the delivery and administration of IHSS.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.030 Public Authority Created

The board of supervisors hereby establishes a public authority whose powers and authority are derived from and consistent with the provisions of Welfare and Institutions Code sections 12300 et seq. The public authority shall be known as the Mariposa County in-home supportive services public authority and shall hereafter be referred to as “public authority”.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.040 Governing Body

The governing body of the public authority shall be the Mariposa County board of supervisors.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.050 Advisory Committee

The county’s in-home supportive services (IHSS) advisory committee was established by the Mariposa County board of supervisors by Resolution no. 02-144, in accordance with the requirements of Welfare and Institutions Code section 12301.6(b), (c), and (d). It shall serve as the advisory committee to the public authority and shall fulfill the roles and responsibilities required of Welfare and Institutions Code section 12301.6. This IHSS advisory committee shall assume all responsibility for the functions and responsibilities previously delegated to the advisory committee by the board of supervisors. It shall report directly to the public authority’s governing body.

1. Membership. Welfare and Institutions Code section 12301.3 requires: (a) Each county shall appoint an in-home supportive services advisory committee that shall be comprised of not more than 11 individuals. No less than 50 percent of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or as recipients of services under this article. (b) Prior to the appointment of members to a committee required by subdivision (a), the county board of supervisors shall solicit recommendations for qualified members through a fair and open process that includes the provision of reasonable written notice to, and reasonable response time by, members of the general public and interested persons and organizations.

2. Responsibility. Welfare and Institutions Code section 12301.4 requires: Each advisory committee established pursuant to section 12301.3 or 12301.6 shall provide ongoing advice and recommendations regarding in-home supportive services to the public authority, any administrative body in the county that is related to the delivery and administration of in-home supportive services, and the governing body and administrative agency of the public authority, nonprofit consortium, contractor, and public employees. Upon enactment of this ordinance, the IHSS advisory committee will also serve as the public authority advisory committee.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.060 Public Authority Duties

The duties and responsibilities of the public authority shall include but not be limited to the following:

1. To implement the goals and objectives of Welfare and Institutions Code sections 12300 et seq. including, but not limited to a) The provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a registry; recipients shall not be obligated to hire from the registry. b) The investigation of the qualifications and background of potential in-home supportive services personnel. c) The establishment of a referral system under which in-home supportive services providers shall be referred to recipients. d) Provision for training for providers and recipients. e) The performance of any other functions related to the delivery of in-home supportive services. f) The assurance that the requirements of the personal care option pursuant to Subchapter 19 (commencing with section 1396) of Chapter 7 of Title 42 of the United States code are met; and the adoption of rules and regulations for the administration of the public authority consistent with the provisions of this chapter.

2. To adopt a budget for the public authority.

3. To exercise all powers, duties and functions as are prescribed by statute, ordinance of the board of supervisors and the public authority.

4. Notwithstanding Subdivision (a)(4), the public authority shall not be obligated to provide training directly, to pay for training provided privately or in the community, to pay providers for the time spent in training, to accompany recipients to training, to pay for transportation to training or to pay for any materials required by the training. The public authority shall not be obligated to ensure that any provider or recipient attend or complete any training.

5. The public authority shall not be responsible for a) authorizing services for an IHSS recipient. b) Determining a recipient’s need for IHSS, the level and quality of services required, and the eligibility of individuals to be served. c) Conducting the initial or any subsequent assessment of need for services. Or d) Terminating the recipient’s participation in the IHSS program. The above-referenced services and functions shall be the exclusive responsibility of the county of Mariposa.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.070 Powers

1. The public authority shall be an entity separate from the county of Mariposa and shall file the statement of fact for the roster of public agencies required by Government Code section 53051.

2. The public authority shall be a corporate public body, exercising public and essential governmental functions with all powers necessary and convenient to carry out the powers conferred upon it by Welfare and Institutions Code Section 12300 et seq. and this chapter, including the power to contract for services pursuant to Welfare and Institutions Code sections 12302 and 12302.1, subject to any limitation set forth in this chapter.

3. The public authority shall have the power in its own name to do any of the following:

   1. To contract for the services of planners, financial consultants, and other experts and separate and apart therefrom, to employ such other persons as it deems necessary.

   2. To sue and be sued in its own name.

   3. To incur debts, liabilities or obligations subject to any limitations herein set forth.

   4. To apply for, accept and receive state, federal or local licenses, permits, grants, loans or other aid from any agency of the United States of America, or of the state of California necessary for the public authority’s full exercise of its powers.

   5. To perform all acts necessary and proper to carry out fully the purpose of this chapter and not inconsistent with Welfare and Institutions Code Sections 12300 et seq. or this chapter.

4. The public authority shall be deemed to be the employer of IHSS providers within the meaning of Chapter 10 (commencing with section 3500) of Division 4 of Title 1 of the Government Code, commonly known as the Meyers-Milias-Brown Act. Nothing in these enumerated powers shall be construed to limit or interfere with the rights of IHSS recipients to retain, select, terminate and direct the work of any worker providing services to them.

5. Nothing in these enumerated powers shall be construed to alter, require the alteration of, or interfere with the state’s payroll system and other provisions of Welfare and Institutions Code section 12302.2 for independent providers of IHSS, or to affect the state’s responsibilities with respect to unemployment insurance, or workers’ compensation for providers of IHSS.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.080 Liability Of Public Authority

1. Any obligation or legal liability of the public authority, whether statutory, contractual or otherwise, shall be the obligation or liability solely of the public authority and shall not be the obligation or liability of the county of Mariposa.

2. All contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the public authority and any party, except those with the county, shall contain the following statement: “The public authority is an independent legal entity, separate and apart from the county of Mariposa. The public authority has no power to bind the county to any contractual or legal obligations. Nor may the obligees of the public authority seek recourse against the county of Mariposa for any financial or legal obligation to public authority.”

3. The public authority shall not be deemed to be the employer of IHSS providers for purposes of liability because of the negligence or intentional torts of the IHSS providers. Employees of the public authority shall not be employees of the county for any purpose.

4. The county shall be immune from any liability resulting from its implementation of Welfare and Institutions Code sections 12301.6 et seq. in the administration of the in-home services program. Any obligation of the public authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the public authority, and shall not be the obligation of the county.

5. The public authority shall maintain general liability insurance in an amount determined to be adequate by the county administrative officer and shall name the county as an additional insured. Evidence of such insurance shall be provided to the county within 30 days of the execution of the agreement between the authority and the county and shall be regularly provided thereafter.

6. The public authority shall indemnify, defend and hold harmless the county, its elected and appointed officers, employees and agents from and against any and all liability, including defense costs and legal fees, resulting from claims for damages of any nature whatsoever, including but not limited to personal injury or property damages arising from or connected with any act or omission of any officer, employee or agent of the public authority.

7. The public authority shall require all third parties with whom it contracts, other than the county of Mariposa, to indemnify the public authority, to provide the public authority with written acknowledgment of such indemnification and to maintain adequate levels of insurance naming the public authority as an additional insured.

8. The public authority shall not be deemed to be the employer of in-home supportive services personnel referred to recipients for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.090 Staffing

Public authority staff shall be appointed by the public authority’s governing body by resolution. Legal services shall be provided through the office of the Mariposa county counsel. Financial services, including those of treasurer and auditor, shall be provided through the offices of the county’s auditor and treasurer. The clerk of the board shall act as secretary to the public authority. The county administrative officer or his/her designee shall represent the public authority in any labor-related matters. Upon execution of a memorandum of understanding with the county, the public authority shall utilize other county employees to assist in carrying out purposes of the public authority. The public authority shall, at least quarterly, reimburse the county for any and all staffing costs.

1. The authority may hire employees including administrative and support staff as deemed necessary to provide mandated functions and may elect to contract with the county for such services.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.100 Employer-Employee Relations Policy

The public authority shall adopt rules and regulations for administration of employer-employee relations. Only those employee organizations recognized in accordance with the public authority’s labor relations resolution shall be entitled to negotiate with the public authority on matters within the scope of representation and such other rights that may be granted to recognized employee organizations pursuant to sections 3500 through 3511 of the Government Code.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.110 Public Authority Labor Relations

In-home supportive services providers shall be entitled to all of the rights conferred upon them by the MeyersMilias Brown Act (Government Code Section 3500 et seq.), including the right to be represented in their relationship with the authority by an organization of their choice, and the right to meet and confer with the authority with regard to wages, benefits, and other terms and conditions of employment. Due to special and critical health-care services provided through the IHSS program, the Mariposa County board of supervisors hereby finds that any interruption of such services would pose an imminent threat to the health and safety of the recipients of IHSS services and to the community. In order to minimize the likelihood of such interruption and thereby protect the health and safety and to promote harmony and productive labor relations between the public authority and any labor organization which seeks to represent or represents IHSS providers or public authority personnel:

1. The public authority shall have a non-strike clause in any and all collective bargaining agreements with IHSS providers and with personnel of the public authority. The non-strike clause shall continue at least one year beyond the other provisions of any and all collective bargaining agreements.

2. Any collective bargaining agreements reached between the public authority and any labor organization certified to represent IHSS providers shall be subject to this article, and to ratification in its entirety. Final adoption of any such agreement shall be by simple majority vote of the public authority.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.120 County Costs

The costs and expenses of the county to provide administrative, legal, labor relations, and other services requested by the public authority and agreed to by the county, and to make payments to or provide benefits for in-home supportive services providers, shall be charged against the funds of the public authority.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.130 Public Authority - County Agreement

Prior to initiating delivery of IHSS through the public authority, the public authority shall enter into an agreement with the county specifying the roles and responsibilities of each party, provide for the county’s provision of such administrative, legal, labor relations, and other services to the public authority as the parties

may deem necessary or appropriate, and include provisions which ensure compliance with all applicable federal, state, and local laws and regulations including but not limited to all statutory and regulatory provisions applicable to the delivery of IHSS, and federal and state labor laws.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.140 Fiscal Provisions

Nothing in this chapter is intended to require the county to appropriate or to transfer any funds for the operation of the authority or for the payment of wages or benefits for in-home supportive services personnel, except as expressly provided in an agreement between the authority and the county, and the funds necessary to fund any obligation of the county has been appropriately provided for in the county’s annual budget or in an amendment of such annual budget.

1. IHSS services shall not be reduced in order to fund the public authority or implementation of Government Code sections 3500 et seq.

2. Within 90 days after the establishment of the public authority, and thereafter prior to the commencement of each fiscal year, the public authority shall adopt a budget for the ensuing fiscal year. The public authority shall adopt its budget under the same laws, rules and policies that control the county budget process. Hearings on the public authority budget shall be conducted concurrently with hearings conducted in connection with the county budget.

3. The establishment and operation of the public authority or the application of Government Code sections 3500 et seq., shall not result in payments from the county’s general fund beyond the county’s appropriation for the public authority, if any, which shall be an absolute limit on county cost.

4. The maximum amount of county funds available in any given budget year for the public authority’s wage and benefit negotiations, if any, shall be set by the board of supervisors as part of the county’s annual budget as it may be amended from time to time.

5. The total of all operating costs, wages, and benefits proposed or established by the public authority shall be consistent with the provisions of the county budget. The public authority shall not establish a payment rate, including costs of wages, benefits and operation, until the public authority determines that the funds necessary for the payment rate are legally available.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.150 Liability Insurance

Without limiting the public authority’s indemnification of the county as set forth below, the public authority shall acquire and maintain appropriate insurance in amounts and coverage as are determined by the county’s administrative officer to be adequate, and shall name the county, its elected and appointed officers, employees and agents as additional insureds on any policies of insurance maintained by the public authority. Evidence of such insurance shall be provided to the county’s administrative officer within thirty days of procurement.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.160 Indemnification

The public authority shall indemnify, defend and hold harmless the county, its elected and appointed officers, employees and agents from and against any and all liability, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to personal injury or property damages,

arising from or connected with any act or omission of any officer or personnel of the public authority.

HISTORY

Adopted by Ord. 1002 Sec. 1 on 12/16/2003 2.112.170 Records

The public authority shall maintain all records pertaining to service delivery and fiscal administrative controls for a minimum of five years after final payment for a given fiscal year, or until all pending county, state and federal audits have been completed, whichever is later. The public authority shall make any of the retained records available to all authorized county, state and federal representatives.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.180 Termination

In the event the board of supervisors rescinds this ordinance the board of supervisors shall comply with the provisions of Welfare and Institutions Code sections 12300 et seq.

HISTORY

Adopted by Ord. 1002 Sec. 1 on 12/16/2003 2.112.190 Disclaimer

By establishing the public authority, the county is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

HISTORY

Adopted by Ord. 1002 Sec. I on 12/16/2003 2.112.200 Interpretation

Should any question or dispute arise the meaning of any term, phrase, word or section contained in this ordinance the interpretation of the county administrative officer shall be final and binding.

HISTORY

Adopted by Ord. 1002 Sec. 1 on 12/16/2003 2.114 Multi-County Managed Medical Care Commission 2.114.010 Established.

Pursuant to California Welfare and Institutions Code Section 14087.54, there is created the Santa CruzMonterey-Merced-San Benito-Mariposa Managed Medical Care Commission. This commission is a multicounty commission representing Santa Cruz, Monterey, Merced, San Benito and Mariposa counties. The Santa Cruz-Monterey-Merced-San Benito-Mariposa Managed Medical Care Commission shall be established effective on that date that all five counties have in effect substantially similar ordinances creating the commission and a quorum of said commission’s members have met to conduct its initial public meeting. Upon the establishment of the commission, all of the rights, duties, privileges, and immunities vested in Mariposa County by Welfare and Institutions Code Section 14087.5 et seq. (Division 9, Part 3, Chapter 7, Article 2.8) are instead transferred to and vested in the commission, and shall continue to be so vested until Mariposa County formally terminates its participation in the commission. Any action to terminate participation must be preceded by a 90-day notice to the other member counties and notice to the State Department of Health Care Services as set forth in Welfare and Institutions Code Section 14087.54(g).

1. The purpose of the commission is to negotiate exclusive contracts with the California Department of Health Care Services and to arrange for the provision of health care services to qualifying individuals in Santa Cruz County, Monterey County, Merced County, San Benito County and Mariposa County who lack sufficient annual income to meet the cost of health care, and whose other assets are so limited that their application toward the cost of health care would jeopardize the person or family’s future minimum self-maintenance and security, pursuant to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code.

   2. The commission shall design and operate a program that:

      1. Delivers primary care via a contracted provider network which significantly improves access to primary care and related specialty and ancillary services for enrolled Medi-Cal recipients;

      2. Includes mechanisms for assuring that commission-financed medical care services meet appropriate quality of care standards;

      3. Incorporates a plan of service delivery and implements reimbursement mechanisms which will promote the long-term viability of a locally operated Medi-Cal managed care system and participating “safety net” providers herein defined as Medi-Cal disproportionate share hospitals, county clinics and licensed community clinics;

      4. Implements a financial plan which includes the creation of a prudent reserve within three years of commencing operations, and which provides that if additional surplus funds accrue, they shall be used to expand access, improve benefits and augment provider reimbursement;

      5. Gives a high priority to increasing prevention, education, and early intervention services for enrolled recipients;

      6. Ensures that all program obligations, statutory, contractual or otherwise, shall be the obligations of the program and shall not be the obligations of Santa Cruz County, Monterey County, Merced County, San Benito County, Mariposa County or the State;

      7. Implements programs and procedures to ensure that a high level of member satisfaction is maintained.

   3. The commission shall also be authorized to contract with public insurers, payors or plan sponsors to offer and/or administer their health care programs and to contract with private insurers or plan sponsors to administer their health care programs.

• 2.114.030 Membership.

1. The commission shall consist of a maximum of 25 voting members who, with the exception of the director or designee of the health department (or health services agency) who shall work in the respective county and be appointed by the respective board of supervisors, shall be legal residents of the county of Santa Cruz appointed by the board of supervisors of Santa Cruz County, legal residents of Monterey County appointed by the board of supervisors of Monterey County, legal residents of Merced County appointed by the board of supervisors of Merced County, legal residents of San Benito County appointed by the board of supervisors of San Benito County, and legal residents of Mariposa County appointed by the board of supervisors of Mariposa County. The commission shall be generally representative of the diverse skills, backgrounds, interests, and demography of persons residing in each county.

2. Each member of the commission shall have a commitment to a health care system which seeks to improve access to high quality health care for all persons, regardless of their economic circumstances, and which in fact delivers high quality care, and which in fact is financially viable. Members of the commission shall likewise have an abiding commitment to, and interest in, a quality publicly assisted health care delivery system.

3. The number of voting members of the commission shall be based upon the number of Medi-Cal beneficiaries within each county and includes a maximum of five (5) members within a county with the number of commissioners within a county and commission representation categories determined according to the following formula:

   1. Zero (0) to fifteen thousand (15,000) Medi-Cal beneficiaries within the county equals one (1) commission seat to be filled by the director of the county health department (or health services agency) or their designee;

   2. Fifteen thousand (15,000) to thirty thousand (30,000) Medi-Cal beneficiaries within the county equals two (2) commission seats to be filled as follows:

      1. The director of the county health department (or health services agency) or their designee; and

      2. One (1) at large representative of either the health care provider population or the population of beneficiaries to be served by the commission.

   3. Thirty thousand (30,000) to forty-five thousand (45,000) Medi-Cal beneficiaries within the county equals three (3) commission seats to be filled as follows:

      1. The director of the county health department (or health services agency) or their designee

      2. One person representing health care providers; and

      3. One person from the public representing the population of beneficiaries to be served by the commission.

   4. Forty-five thousand (45,000) to sixty-thousand (60) Medi-Cal beneficiaries within the county equals four (4) commission seats to be filled as follows:

      1. The director of the county health department (or health services agency) or their designee;

      2. One member of the board of supervisors;

      3. One person representing health care providers; and,

4. One person from the public representing the population of beneficiaries to be served by the commission.

   5. 60,000 or more Medi-Cal beneficiaries within the county equals five (5) commission seats to be filled as follows:

      1. The director of the county health department (or health services agency) or their designee;

      2. One member of the board of supervisors;

      3. One person representing health care providers;

   6. One person from the public representing the population of beneficiaries to be served by the commission; and

   7. One at large representative of either the public representing the population of beneficiaries to be served by the commission or one person representing health care providers.

5. Any deletion of commissioners required based upon a change in the population of Medi-Cal beneficiaries within a county will be achieved through attrition, with a maximum of two (2) years to come into compliance with the membership provisions of this Chapter.

6. Commissioners shall be appointed by majority vote of the board of supervisors of the respective county. Any commission member may be removed from office by a four-fifths vote of the board of supervisors of the county originally appointing that member.

7. Commissioners appointed by the Mariposa County board of supervisors shall serve terms of four years, with the exception of the initial selection of members. The majority of the commission members initially appointed by the Mariposa County board of supervisors shall serve terms commencing on January 15th of the year in which the fourth district supervisor began a full term. The remaining members initially appointed shall serve terms commencing on January 15th of the year in which the fifth district supervisor began a full term. The initial appointment terms shall be drawn by lots. At the conclusion of a term, a member may be reappointed to a subsequent four-year term or terms.

The board of supervisors declares that the individuals representing health care providers appointed to the commission are intended to represent and further the interests of said providers, and that such representation and furtherance will ultimately serve the public interest. Accordingly, the board finds that for purposes of determining whether any such commissioner has a “financial interest” within the meaning of Government Code Section 87100., the industry, profession, and providers are tantamount to and constitute the public generally within the meaning of Section 87103 of the Government Code.

Procedures for the conduct of business not otherwise specified in this chapter, including provisions for the creation of standing committees, shall be contained in bylaws adopted by the commission and submitted to the board of supervisors of each county for final approval.

A majority of the appointed members of the commission (excluding any positions that are vacant) shall constitute a quorum, and no act of the commission shall be valid unless a majority of those members appointed and not disqualified from voting due to a conflict of interest concur therein. Any act of the commission shall be accomplished by a roll call vote when such a vote is requested by any member in attendance.

The commission shall be considered an entity separate from the county of Santa Cruz, the county of Monterey, the county of Merced, the county of San Benito and the county of Mariposa. The commission shall have all of the powers made available generally to commissions under Welfare and Institutions Code Section 14087.54. The commission shall have the power to acquire, possess, and dispose of real or personal property, as may be necessary for the performance of its functions, to employ personnel and contract for services to meet its

obligations, and to sue or be sued. Any obligations of the commission, statutory, contractual, or otherwise, shall be the obligations solely of the commission and shall not be the obligations of the county of Santa Cruz, the county of Monterey, the county of Merced, the county of San Benito, or the county of Mariposa.

1. The commission shall submit an annual report to each respective board of supervisors and county administrative office on or before January 31st of each year. The report shall highlight the activities, accomplishments, and future goals of the commission.

2. Any of the respective boards of supervisors may request that the commission submit progress reports and recommendations at any time.

Vacancies occurring in the commission shall be filled by the board of supervisors of the appointing county for the remainder of the unexpired term only.

The provisions of this chapter are severable. If any section, paragraph, sentence, phrase, or word of this chapter is declared invalid for any reason, that decision shall not affect any other portion of this chapter, which shall remain in full force and effect.

HISTORY

Adopted by Ord. 1166 Sec.I on 9/28/2021 2.116 Weights And Measures Device Fees 2.116.010 Purpose 2.116.020 Definitions 2.116.030 Registration Certificate Required

2.116.060 Annual Registration Fee 2.116.070 Fee Schedule HISTORY Adopted by Ord. 1191 Ordinance on 9/3/2024 2.116.010 Purpose

2.116.010 Purpose. The purpose of this chapter is to recover the costs of inspecting or testing weighing and measuring devices pursuant to Business and Professions Code section 12210 and to recover the costs of carrying out the provisions of Business and Professional Code section 12211.

HISTORY

Adopted by Ord. 1191 Ordinance on 9/3/2024 2.116.020 Definitions

For the purpose of this article, and unless the text otherwise requires, the following terms and phrases shall have the following definitions:

1. "Commercial purposes" shall have the meaning assigned to it by section 12500 of the Business and Professions Code.

2. "County sealer" means the sealer appointed by the Mariposa County board of supervisors and duly authorized agents.

3. "Location" means the room, enclosure, building, space or area where one or more weighing and measuring instruments are located or operated. For electric and vapors meters, each house or mobile home is considered a location except in a mobile home park or apartment complex where the park or complex is considered one location.

4. "Weighing and measuring instrument" means and includes any device classified by the State Secretary of Food and Agriculture as coming within Business and Professions Code section 12240, as defined in the California Code of Regulations, Title IV, Division 9, Chapter 1, commencing with Article 1.

5. "CDFA DMS" refers to California Department of Food and Agriculture, Division of Measurement Standards.

HISTORY

Adopted by Ord. 1191 Ordinance on 9/3/2024

No person shall use any weighing or measuring instrument for commercial purposes without having a current annual registration certificate for such instrument. The certificate shall be in addition to any other certificate, license, or permit which may be required by the county or any other governmental entity. In the case of LP-gas vapor meters, a certificate shall e issued based on an annual count of a LP-gas dealer's meters located in the county, and if changes in the number of meters occur during the year, no additional certificate(s) shall be required.

HISTORY

Adopted by Ord. 1191 Ordinance on 9/3/2024

An application for a registration certificate must be submitted to the county sealer in the form prescribed by him or her. The county sealer shall, upon receipt of a completed application and the payment of the applicable fees described herein, issue a current registration certificate.

HISTORY

Adopted by Ord. 1191 Ordinance on 9/3/2024 2.116.050 Terms Of Registration.

Each registration certificate shall expire on December 31st of the year of its issuance and may thereafter be renewed on an annual basis upon payment of the applicable fees provided herein.

HISTORY

Adopted by Ord. 1191 Ordinance on 9/3/2024 2.116.060 Annual Registration Fee

1. An annual registration fee shall be charged for the calendar year, or any part thereof, for all weighing and measuring instruments requiring a registration certificate as provided for herein. The annual registration fee is hereby established as stated in Business and Professions Code section 12240. Annual registration and registration fee is due on or before March 1st of the current registration year. Registration fees received after March 1st shall pay delinquency penalty established by the master fee schedule.

2. Annual registration fee shall include California Department of Food & Agriculture, Division of Measurement Standards (CDFA DMS) Administrative fees stated in California Code of Regulations, Title 4, Division 9, Chapter 3, Article 3, section 4075 and listed in the Annual Device Fee Registration Fee Schedule.

HISTORY

• Adopted by Ord. 1191 Ordinance on 9/3/2024 2.116.070 Fee Schedule

HISTORY

Adopted by Ord. 1191 Ordinance on 9/3/2024