Monterey County Municipal Code Ch. 2.04 Board of Supervisors

The provisions of this Chapter shall control the conduct of meetings, business and hearings of, and shall determine the compensation paid to members of the Board of Supervisors of the County of Monterey.

(Ord. 2523 § 1 (part), 1979)

A. The purpose of Sections 2.04.020 through 2.04.360 is to supplement State law and to provide more specific rules for the conduct of meetings of the Board of Supervisors of the County of Monterey. The purpose of Sections 2.04.370 and 2.04.380 is to provide a means which is fair, fiscally conservative and protective of the interests of the people of the County of Monterey and of the members of the Board of Supervisors for the periodic adjustment and setting of the compensation to be paid to supervisors.

B. These rules shall apply to the Board of Supervisors of the County of Monterey when sitting as the Board of Supervisors of the County of Monterey or ex-officio as the governing board of any other government agency; these rules and this Chapter are not intended to control or apply to any boards or the service of any supervisor sitting as a member of any other board.

(Ord. 2523 § 1 Ch. 1, 1979)

A. Commencing with the first regular meeting of the Board in January 2007, and except as otherwise provided in this Section or by order of the Board, the regular meetings of the Board of Supervisors shall be held on Tuesday of each and every week, commencing at the hour of nine a.m., at the Chambers of the Board of Supervisors, 168 West Alisal Street, Salinas, California.

B. If any regular meeting day falls upon a holiday, the regular meeting of the Board of Supervisors shall be held at the same place on the next Tuesday which is not a holiday commencing at the same hour, in which event all hearings, applications, petitions and other matters before the Board shall be deemed to be and are automatically continued to the same hour on such next Tuesday which is not a holiday.

C. Notwithstanding the requirements of Subsection 2.04.030.A, above, regular meetings of the Board of Supervisors may be held at a location within the County other than 168 West Alisal Street or other than in the City of Salinas provided that either:

1. Such alternate location is adopted when the schedule for regular meetings during the year is adopted by the Board, or

2. The alternate location is adopted by resolution or Board order at a regular meeting and notice of the alternative location is posted prior to the regular meeting immediately preceding the meeting at the alternate location.

D. Regular meetings may be continued or adjourned as provided by State law (Sections 54955 and 54955.1, California Government Code) to a time and location, within the County, other than as set forth in Section 2.04.030.A, above.

(Ord. 5049 § 1, 2006; Ord. 5015 § 1, 2006: Ord. 4062, 2000; Ord. 3222 § 1, 1987; Ord. 3003 § 1 (part), 1984; Ord. 2523 § 1 Ch. 2 Rule 1, 1979)

(Ord. No. 5257, § 2, 9-29-2015)

The proceedings of the Board shall be governed by the provisions of law applicable thereto and, except as otherwise provided in this Chapter by Robert's Rules of Order, newly revised. Provided further, that the failure to follow the Rules of Order or these rules shall not invalidate any action taken. The County counsel shall act as parliamentarian and on request of the Chairperson, shall give parliamentary advice.

(Ord. 2523 § 1 Ch. 2 Rule 2, 1979)

The Clerk of the Board shall place all four or five vote matters not able to be considered at a regular Tuesday meeting on the next succeeding regular meetings agenda unless otherwise ordered by the Board.

(Ord. 2523 § 1 Ch. 2 Rule 3, 1979)

Special meetings of the Board of Supervisors may be called in the manner provided by State law (Section 54956, California Government Code) and may be held at a time and location, within the County, other than as set forth in Section 2.04.030.A, above.

(Ord. 2523 § 1 Ch. 2 Rule 4, 1979)

(Ord. No. 5257, § 3, 9-29-2015)

Each member shall be in his or her respective seat at the hour set for each such regular meeting and at the time set for any adjourned or special meeting. Any member not present when the Board is called to order shall be designated in the minutes as absent. If a member arrives after a meeting commences, the Clerk shall note his or her arrival in the minutes.

(Ord. 2523 § 1 Ch. 2 Rule 5, 1979)

At the first Tuesday following the first working Monday in January, the Board shall elect a Chairperson and Vice-Chairperson to serve until the election of his or her successor. Upon the occurrence of a vacancy, the Board shall fill such.

(Ord. 2523 § 1 Ch. 3 Rule 6, 1979)

County Counsel shall prepare a summary of each ordinance prior to submission of such ordinance to the Board of Supervisors. The Clerk to the Board is authorized to publish such summary in the manner provided by law in lieu of publishing the verbatim text of such ordinance.

(Ord. 3659, § 4, 1993)

The Chairperson, when present, shall preside at all meetings of the Board, shall take the chair at the hour appointed for every Board meeting, immediately call the members to order, and, except in the absence of a quorum, shall proceed with the business of the Board in the manner prescribed by these rules.

(Ord. 2523 § 1 Ch. 3 Rule 7, 1979)

The Chairperson shall possess the powers, and perform the duties prescribed, as follows:

A. Have general direction over the Board room and assign seats for the use of Board members and members of the County staff;

B. Preserve order and decorum; prevent demonstrations; order removed from the Board room any person whose conduct he or she deems objectionable; and order the Board room cleared whenever he or she deems it necessary;

C. Allocate the length of time for public discussion of any matter in advance of such discussion, with the concurrence of the Board;

D. Allocate equal time to opposing sides insofar as possible, taking into account the number of persons requesting to be heard on any side;

E. Limit the amount of time that a person may address the Board during a public discussion period in order to accommodate those persons desiring to speak and to facilitate the business of the Board;

F. Other powers as may be prescribed by the Board.

(Ord. 3222 § 2, 1987; Ord. 2523 § 1 Ch. 3 Rule 8, 1979)

A. The Chairperson shall order removed from the Board room any person who commits the following acts in respect to a regular or special meeting of the Board of Supervisors:

1. Disorderly, contemptuous or insolent behavior toward the Board or any member thereof, tending to interrupt the due and orderly course of said meeting;

2. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;

3. Disobedience of any lawful order of the Chairperson, which shall include an order to be seated or to refrain from addressing the Board;

4. Any other unlawful interference with the due and orderly course of said meeting.

B. Any person so removed shall be excluded from further attendance at the meeting from which the person has been removed, unless permission to attend is granted upon motion adopted by a majority vote of the Board, and such exclusion shall be effected by the sheriff, or other peace officer upon being so directed by the Chairperson.

(Ord. 2523 § 1 Ch. 3 Rule 9, 1979)

In the absence of, or inability to act of, the Chairperson, the Vice-Chairperson of the Board shall act as Chairperson.

(Ord. 2523 § 1 Ch. 3 Rule 10, 1979)

The business of each regular meeting of the Board shall be in the order as printed on the agenda, in accordance with the agenda form approved by Board Resolution.

(Ord. 4258 § 1, 2005: Ord. 3192 § 1, 1986; Ord. 3003 § 2 (part), 1984; Ord. 2523 § 1 Ch. 4 Rule 11, 1979)

The procedure at hearings shall be in accordance with the procedure approved by Board Resolution.

(Ord. 4258 § 2, 2005: Ord. 2523 § 1 Ch. 4 Rule 12, 1979)

The posted agenda must include, but is not limited to, items on which the Board may take action at that meeting. No action is to be taken on nonagenda items unless:

1. By a majority vote a determination is made that an emergency situation exists;

2. By a determination by two-thirds of the members or if less than two-thirds of the members are present, then by unanimous vote of the members present that the need to take action arose subsequent to the agenda being posted; or

3. By the item being continued from a prior meeting held less than five days previously at which time the item was posted.

Any member not present at a meeting where a nonagenda item was considered may have the matter placed on the agenda item and reconsidered at the next meeting of the Board. The Board referrals of items to staff for investigation and report to the Board are not deemed to be action by the Board.

Any member intending to introduce a special item as set forth above which is not contained in the agenda shall deliver a copy of such items to each Board member unless otherwise waived by a majority of the Board.

Excluded from the foregoing requirements shall be any exceptions as set forth now or by subsequent amendment to the Ralph M. Brown Act commencing with Section 54950 et seq. of the Government Code.

(Ord. 3192 § 2, 1986; Ord. 2986, 1984; Ord. 2523 § 1 Ch. 4 Rule 13, 1979)

When any Board member wishes to speak, the Board member shall address the chair; the Chairperson shall name the member who is first to speak; and speakers shall confine their remarks to the question under debate and avoid personalities. The Chairperson shall not recognize a Board member to speak again until all other members have had an opportunity to be heard.

(Ord. 2523 § 1 Ch. 4 Rule 14, 1979)

Each motion made by any member of the Board shall require a second. Motions and seconds may be made by any member of the Board including the Chairperson.

(Ord 2523 § 1 Ch. 4 Rule 15, 1979)

The roll need not be called in voting upon a motion except where specifically required by law or requested by a member. If the roll is not called, in the absence of objection, the Chairperson may order the item unanimously approved. When the roll is called on any motion, any member present who does not vote in an audible voice shall be recorded as "Aye." In the event a member abstains from voting, his or her vote shall be counted as an abstention, and shall not be counted as a vote with the greater number voting for or against a motion, resolution, etc.

(Ord 2523 § 1 Ch. 4 Rule 16, 1979)

(Ord. No. 5425, § 2, 10-1-2024)

Each roll call of the Board shall be by supervisorial districts in numerical order, except that the Chairperson shall be called last.

(Ord. 2523 § 1 Ch. 4 Rule 17, 1979)

At the same meeting or the meeting succeeding that on which a final vote on any question has been taken, said vote may be reconsidered on the motion of any member of the Board at the meeting at which such final vote was taken by a member voting with the majority.

For reconsideration at the subsequent meeting, notice of intention to move such reconsideration must be given at the meeting at which such final vote was taken by a member voting with the majority. Said motion of reconsideration shall have precedence over every other motion except a motion to adjourn.

(Ord. 2888, 1983)

If any member of the Board is to be unable to attend a meeting, that Board member shall, if possible, notify the Clerk of the Board prior to the meeting and advise the Clerk of the reasons therefor.

(Ord. 2523 § 1 Ch. 4 Rule 18, 1979)

The Board of Supervisors shall determine by resolution each calendar year vacation periods during which no regular meetings will be held.

(Ord. 2523 § 1 Ch. 4 Rule 19, 1979.)

The Clerk of the Board, or one of the Clerk's deputies, shall attend each meeting of the Board and maintain a record of all proceedings thereof as required by law.

(Ord 2523 § 1 Ch. 6 Rule 20, 1979)

The Clerk of the Board, or one of the Clerk's deputies, upon request of any Board member of any committee of the Board, shall attend the meeting of that committee.

(Ord 2523 § 1 Ch. 6 Rule 21, 1979)

(Ord. No. 5257, §§ 4, 6, 9-29-2015)

A. The Clerk to the Board shall each week prepare the agenda for the following Tuesday meeting, for delivery no later than the previous Friday.

B. The agenda shall include those matters, complete with all department papers and reports relating to each matter, addressed to the Board for action and on file with the Clerk to the Board which have been reviewed by the County Administrative Officer and approved for placement on the Board agenda.

C. The agenda shall list the items for Board consideration by number with a brief statement of the subject matter of each of the items. The agenda may include suggested actions or recommendations.

(Ord. 3610 § 6, 1992; Ord. 3003 § 3 (part), 1984; Ord. 2523 § 1 Ch. 6 Rule 22, 1979)

A. It shall be the responsibility of each member of a committee appointed by the Board to be fully informed concerning the business assigned to it by the Board. Each committee shall promptly perform tasks assigned to it and report to the Board such information and recommendations as shall be necessary or proper.

B. The regular meetings of all committees of the Board of Supervisors shall be held at 168 West Alisal Street, Salinas, California; however, regular meetings of a Board committee may be held at a location within the County other than 168 West Alisal Street or other than in the City of Salinas provided that either:

1. Such alternate location is adopted when the schedule for regular meetings during the year is adopted by the committee as permitted in Subsection 2.04.250.D, or

2. The alternate location is adopted by resolution or order at a regular meeting and notice of the alternative location is posted prior to the regular meeting immediately preceding the meeting at the alternate location.

C. Committees may hold special meetings, and continue or adjourn regular meetings, in the manner provided for the Board of Supervisors set forth in Sections 2.04.030 and 2.04.060, above.

D. Each committee may annually adopt a schedule setting forth the time and place for holding regular meetings; such schedule may be amended from time-to-time by the committee.

(Ord. 2523 § 1 Ch. 7 Rule 23, 1979)

(Ord. No. 5257, §§ 5, 6, 9-29-2015)

An original and eleven (11) copies of each Board report, ordinance, resolution and other materials to come before the Board shall be prepared and delivered to the Clerk to the Board. Three copies shall be made available for the press and one copy shall be presented to each Board member, to the County Administrative Officer, to the County Counsel, and to the Auditor.

(Ord. 3003 § 4 (part), 1984; Ord. 2523 § 1, Ch. 8 Rule 24, 1979)

No ordinance or contract shall be presented to the Board for action which has not been approved as to form and legality by the County Counsel.

(Ord. 2523 § 1 Ch. 8 Rule 25, 1979)

Subject to the direction of the Chairperson, no persons other than Board members, County and district officials, and recognized representatives of the news media shall be admitted inside the railing to the floor of the Board room. Other persons may be admitted upon the request of a member and the consent of the Chairperson or a majority of the Board.

(Ord. 2523 § 1 Ch. 9 Rule 26, 1979)

Except with prior authorization of the Chairperson, no placards, signs, posters, packages, bundles, suitcases or other large objects shall be brought into the Board room. (Ord 2523 § 1 Ch. 9 Rule 27, 1979)

Unless addressing the Board or entering or leaving the Board room, all persons in the audience shall remain sitting in the seats provided. No person shall stand or sit in the aisles or along the walls nor shall the doorways be blocked.

(Ord. 2523 § 1 Ch. 9 Rule 28, 1979)

All demonstrations, including cheering, yelling, whistling, hand clapping and foot stamping, are prohibited.

(Ord. 2523 § 1 Ch. 9 Rule 29, 1979)

Smoking is prohibited in the Board hearing room.

(Ord. 2523 § 1 Ch. 9 Rule 30, 1979)

Persons desiring to address the Board on any matter not listed on the agenda shall make arrangements to be on the calendar in advance with the Chairperson of the Board through the office of the Clerk of the Board.

(Ord. 2523 § 1 Ch. 9 Rule 31, 1979)

The County Administrative Officer and the County Counsel, or a representative designated by each such officer, shall attend all regular and special meetings of the Board unless otherwise excused by the Board.

(Ord. 3610 § 7, 1992; Ord. 2523 § 1 Ch. 9 Rule 32, 1979)

Each County or district officer having any matter on the agenda for consideration by the Board shall either be present at the Board meeting, or shall hold himself or herself in readiness for the purpose of furnishing information to the Board. Each County or district officer may designate a deputy to perform this duty.

(Ord. 2523 § 1 Ch. 9 Rule 33, 1979.)

A. Notwithstanding Rule 3.5 of the California Rules of Professional Conduct for lawyers, members of the State Bar are not prohibited from communicating with members of the Board of Supervisors, the Planning Commission, Zoning Administrator or other County decision-maker on the merits of adjudicative matters which are, or may become, pending before the Board of Supervisors or other County decision-making body, including planning, zoning, and subdivision matters, outside of the public hearing on the matter. All due process and fair hearing principles continue to apply to adjudicative matters before these hearing bodies.

B. Rule 3.5 does not apply to the County Counsel, such deputies as the County Counsel may appoint, or outside counsel providing legal services to the County who, as legal advisor to the Board of Supervisors and the County, may continue to provide confidential attorney-client legal advice on the merits of adjudicative matters, including planning, zoning, and subdivision matters.

C. County employees, County administrative body members, County board members, County commission members, and the like, who are lawyers but who are not representing the County in an attorney capacity may continue to communicate with decision-makers and administrative body members about adjudicative/quasi-judicial administrative matters notwithstanding Rule 3.5 of the California Rules of Professional Conduct for lawyers, subject to all other applicable laws governing such communications.

(Ord. No. 5317, § 2, 9-10-2019)

Except as otherwise provided by law, any procedural rule contained in Sections 2.04.020 through 2.04.360 may be suspended by order of the Board.

(Ord. 2523 § 1 Ch. 9 Rule 34, 1979)

A. Members of the Board of Supervisors of the County of Monterey shall receive, as compensation for the services required of them by law as supervisors of the County of Monterey and ex-officio as the governing board of other public entities governed by said Board, amounts of compensation determined as set forth in Subsection B of this Section. Compensation as used in this Chapter shall include basic salary, and such health and welfare benefits authorized by Sections 53200 et seq. of the Government Code, and special pays which are provided to County Elected Officials in Executive Management Unit Y, as provided in the Personnel Policies and Practices Resolution (PPPR) No. 98-394, as may be amended.

B. Each member of the Board of Supervisors shall receive as annual compensation a sum equal to fifty (50) percent of the annual salary for the office of municipal court judge as now prescribed by the legislature and the actual amount of increases as may hereafter be prescribed by law, prior to December 15, 1995. The compensation for services rendered shall be payable in the manner provided to management elected officials in the County.

C. Effective July 1, 2016, the annual salary of each member of the Board of Supervisors shall be adjusted by the percentage rate of adjustment applicable to the office of superior court judge. A notice of any adjustment in compensation paid to members of the Board of Supervisors shall appear on the agenda of a regular meeting of the Board of Supervisors at least ten (10) days prior to the date such adjustment is implemented; however, the effective date of such adjustment shall be the date any adjustment is effective for superior court judges.

(Ord. 3843, 1995)

(Ord. No. 5276, § 1, 10-11-2016; Ord. No. 5436, § 2, 8-19-2025)

A. The Chairperson in addition to the amount specified in Section 2.04.370 of the Monterey County Code shall receive an additional annual sum of two thousand dollars ($2,000.00) payable pro rata every two weeks.

B. In addition to the compensation specified in Section 2.04.370 and in Subsection A herein, each member of the Board of Supervisors shall receive the actual and necessary expenses incurred in the performance of his or her office and all benefits, leaves and special pays as provided to County Elected Officials in Executive Management Unit Y as provided in the Personnel Policies and Practices Resolution (PPPR) No. 98-394, as may be amended.

(Ord. 3011 § 2, 1984; Ord. 2632 § 1 Ch. 10 Rule 35 (b), 1980)

(Ord. No. 5436, § 3, 8-19-2025)

Members of the Board of Supervisors of the County shall be reimbursed for necessary meal and travel expenses as follows:

A. The actual and necessary expenses for travel and meals incurred in the performance of their duties within and outside of Monterey County; and

B. The monthly car allowance equivalent to that provided to the County Elected Officials in Executive Management Unit Y.

(Ord. 2667, 1980)

(Ord. No. 5436, § 4, 8-19-2025)

The compensation prescribed by Section 2.04.400 shall be payable on or after September 20, 2025.

(Ord. 2667, 1980)

(Ord. No. 5436, § 5, 8-19-2025)

A. Upon request of a Supervisor-Elect, County general fund monies may be used prior to the assumption of office by that Supervisor-Elect, for the training and orientation of that Supervisor-Elect including the payment of course fees, travel and per diem expenses, course materials, and consultant fees.

B. Such training and orientation programs, and expenses therefor, shall be those the Board deems proper and beneficial to the exercise of supervisorial duties by newly-elected Supervisors.

C. In order to receive training and orientation funds, the Supervisor-Elect shall make a formal request of the Board of Supervisors with a statement of the costs.

D. The request of a Supervisor-Elect for such training shall be limited to the amount budgeted by the Board for such purposes and shall be only for those courses which the Board of Supervisors may approve.

(Ord. 2822, 1982)