San Benito County Municipal Code Art. I In General

(A) Regular meetings of the Board of Supervisors shall be held at the county seat of the county, in the Board of Supervisors' Chambers located at 481 Fourth Street, Hollister at the hour of 9:00 a.m.

(B) The dates of all regular meetings during each calendar year shall be established by resolution adopted by the Board of Supervisors prior to January 1st of the year for which the meetings are being scheduled or within 30 days of the effective date of this section. The resolution adopting the Board of Supervisors' regular meeting schedule may thereafter be amended by a resolution of the Board of Supervisors as deemed necessary.

(C) Regular meetings scheduled by the Board of Supervisors may be rescheduled or cancelled by the Board of Supervisors by an adopted motion or by resolution. In those cases where time does not permit the cancellation request to come before the Board of Supervisors at a regularly scheduled meeting, the Chair, or Vice-Chair in the Chair's absence, may cancel or reschedule a regular meeting by notice to the Clerk of the Board.

(D) Notice of any cancellation shall be posted no later than the time scheduled for the start of the meeting cancelled.

(E) The location of the Board meeting may be changed by the Board of Supervisors, by adopted motion or resolution, or by the Chair, or Vice-Chair in the Chair's absence; provided, however, that if the location is changed to a location within the county other than the county seat both of the following shall occur:

(1) The change of location of the regular meeting of the Board shall be adopted by ordinance, resolution, bylaw, or other rule required for the conduct of business by the Board of Supervisors at a regular meeting of the body.

(2) Notice of the location change shall be posted in a location that is freely accessible to the public no later than the prior regular meeting of the Board.

(1966 Code, § 2-1) (Ord. 243, § 1; Ord. 551, § 1; Ord. 560, § 1; Ord. 686, § 1; Ord. 723, § 1; Ord. 827, § 1; Ord. 870, § 1, 2011)

(A) The Office of Tax Collector is separated from the Offices of Sheriff and Coroner.

(B) The Offices of Sheriff and Coroner are consolidated and the person elected to the Office of Sheriff of the county shall be ex Officio Coroner of the county and the person shall perform the duties of each of the offices of the Sheriff and Coroner of the county as required by law.

(1966 Code, § 2-2) (Ord. 8, § 1; Ord. 253, § 2; Ord. 353, § 1)

(A) The Offices of Clerk and County Recorder are consolidated.

(B) The Office of Auditor is consolidated with the Office of Controller and are separated from the Offices of County Clerk and Recorder

(C) The person elected to the office of each shall perform the duties of the office.

(1966 Code, § 2-3) (Ord. 8, § 2; Ord. 1031, § 2, 2021)

The Offices of Tax Collector, Treasurer and Public Administrator are consolidated and the person elected to the Office of Tax Collector shall be ex Officio Treasurer and Public Administrator of the county and the person shall perform the duties of each of the Offices of Tax Collector, Treasurer and Public Administrator of the county as required by law.

(1966 Code, § 2-4) (Ord. 253, § 3; Ord. 353, § 1)

(A) Office hours and days of operation for county offices for the transaction of business shall be fixed by resolution of the Board of Supervisors.

(B) For the purposes of this section, the term TRANSACTION OF BUSINESS means that during the hours named there shall be present in such offices at least one person qualified and prepared to transact the business that properly comes into the offices.

(C) If any official has no regularly appointed deputy paid by the county, at the same time and in the same manner as the principal, he or she may close his or her office during the hours between 12:00 noon and 1:00 p.m.

(D) Nothing in this section shall prevent, relieve or otherwise excuse any county officer or employee from the rendition of service at such times as are necessary in order to properly perform the functions of his or her office or employment.

(1966 Code, § 2-5) (Ord. 170, §§1 to 4; Ord. 352; Ord. 835, § 2)

Statutory reference:

Authority of Board of Supervisors to designate office hours, see Cal. Gov’t Code § 24260

County offices and office hours, see Cal. Gov’t Code §§ 24250 to 24262

The county declares that it desires to qualify to receive aid from the state under the provisions of Cal. Penal Code Chapter 1, Title 4, Part 4, commencing with § 13500.

(1966 Code, § 2-6) (Ord. 232, § 1)

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

(1966 Code, § 2-7) (Ord. 232, § 2)

While receiving any state aid pursuant to Cal. Penal Code Article 3, Chapter 5, Title 7, Part 3, commencing with § 6040, the County of San Benito will adhere to the standards for recruitment and training established by the Board of Corrections.

(1966 Code, § 2-7.1) (Ord. 443, § 1)

The provisions of Cal. Business and Professions Code §§ 6300 et seq. relating to law libraries are hereby made applicable to San Benito County.

(1966 Code, § 2-8) (Ord. 1)

Statutory reference:

Authority of county to provide for the applications of Cal. Business and Professions Code §§ 6300 to 6365 to the county, see Cal. Business and Professions Code § 6364

(A) Fees. Except where prohibited by law and as specified in division (B) of this section, the Office of the Agricultural Commissioner and Office of the Sealer of Weights and Measures (Agricultural Commissioner/Sealer) shall charge a fee for the following services rendered by the Agricultural Commissioner/Sealer:

(1) Issuance of quarantine, seed samples, certified producer and farmer’s market certificates and similar activities;

(2) Registration of licensed pesticide users and farm labor contractors;

(3) Annual commercial weighing and measuring device registration;

(4) Non-commercial and commercial weighing and measuring device testing-owner/user registration;

(5) Activities of a specialized nature and/or services provided by employees of the Agricultural Commissioner or Sealer of Weights and Measures outside their normal working hours;

(6) Annual utility meter inspection at mobile home parks, recreational vehicle parks and apartment complexes and registration at locations where utilities are submetered;

(7) Rodenticide/other pesticides sold at actual cost per formula in master schedule;

(8) Fees charged for copies of releasable information;

(9) Registration and inspection of automated point-of-sale stations (scanners); and

(10) Other activities for which the law authorizes costs to be recovered.

(B) Board authorization. The Board of Supervisors may set a fee, by resolution from time to time, for activities specified in division (A) of this section. The Board shall specify in the resolution the particular services for which a fee may be levied. The Board shall also, in the resolution, identify the amount of the costs that shall be charged.

(C) Basis for fees. The fee shall be based on the approximate cost of rendering the service. The fee may include, without limitation, an approximate allocation of overhead and the reimbursement for actual expenses incurred by the Agricultural Commissioner/Sealer. The fee shall be paid by the person requesting the service or by that person’s successor in interest. The person owing the obligation shall be known as the “debtor”. The obligation to pay the fee and any other concomitant charges shall be referred to as the “debt”.

(D) Payment due; consequences for failure to pay. The fee for services rendered shall be due and payable at the time the services are rendered. If the fees are not paid within 30 days, the account shall be considered in arrears. If an account is in arrears, the Agricultural Commissioner/Sealer shall charge the debtor interest at the legal rate. If any action is required to collect any fee in arrears, the county shall be entitled to the reasonable costs of collection of the debt owed. These costs include, without limitation, court costs and the reasonable value of legal services rendered, until such time that the debt has been paid.

(E) Definitions; interpretations. Unless this section specifies otherwise, or unless the context requires otherwise, this section shall be interpreted as consistent with the Food and Agriculture Code and the Business and Professions Code in so far as both the codes relate to the functions of the Agricultural Commissioner/Sealer. The interpretation of this section as consistent the state codes includes, without limitation, resort to the state statutes for definitions of key terms used herein.

(1966 Code, § 2-8.1) (Ord. 544, § A; Ord. 777, § 2)

(A) The fee for jurors in the superior court, in civil and criminal cases, shall be $15 a day for each day’s attendance as a juror after the first day unless otherwise provided by statute. All jurors in the superior court, in civil and criminal cases, shall be reimbursed for mileage at the rate of $0.34 per mile for each mile actually traveled in attending court as a juror after the first day, in going only unless otherwise provided by statute.

(B) A juror who is employed by a federal, state or local government entity, or by any other public entity as defined in Cal. Code of Civil Procedure § 481.200, and who receives regular compensation and benefits whole performing jury service, may not be paid the fees or travel reimbursement described in subdivision (A)

(1966 Code, § 2-8.2) (Ord. 620, § 2)

Statutory reference:

Attendance fees for jurors and mileage reimbursement shall be as set forth in Cal. Code of Civil Procedure § 215 and any other applicable state law.

(A) The fee/compensation for grand jurors shall be $15 a day for each day’s attendance as a grand juror, or at such increased rate as state law may hereinafter establish, not to exceed one per diem fee per day and a maximum of eight per month.

(1) To receive reimbursement, the meeting, event, training, and/or investigation must be a minimum of two hours exceptions may be approved by the majority of the Grand Jury. Non-specific general interest attendances at county or city agency meetings are not reimbursable.

(2) Members of the Grand Jury shall be reimbursed for actual and necessary mileage driven in their private vehicles to and from attendance at any committee meeting of the Grand Jury; facility; or authorized interviews with witnesses in connection with approved Grand Jury investigations.

(3) The rates applicable to the county employees under the county’s travel and reimbursement policies, apply to the Grand Jury. Grand Jury members are encouraged to carpool when possible.

(4) Members of the Grand Jury shall be reimbursed for actual travel expenses incurred for out-of-county travel to attend grand juror training, upon advance authorization of the majority of the Grand Jury, and if sufficient funds are available in the Grand Jury’s budget.

(B) Members of the Grand Jury shall be reimbursed for actual travel expenses incurred for out-of-county travel to attend grand juror training, upon advance authorization of the foreperson and the County Administrative Officer, and not to exceed the amount budgeted for training in the Grand Jury’s annual budget.

(C) Any reimbursement allowed pursuant to this section shall be made upon those conditions and at those rates applicable to the county employees under the county’s travel and reimbursement policies, and shall be charged against the current operating budget for the Grand Jury. Grand Jury members are encouraged to carpool when possible.

(Ord. 889, § 1; Ord. 934, § 1, 2015; Ord. 987, § 1, 2019)