San Bernardino County Municipal Code Ch. 2 Chief Executive Officer

That there be, and there is, hereby created the position which shall be known and designated as Chief Executive Officer of the County which position may be designated as “Chief Executive Officer.”

(Am. Ord. 4128, passed - -2010; Am. Ord. 4368, passed - -2019)

The Chief Executive Officer shall be chosen on the basis of administrative and executive ability. He or she shall have at least five years experience in responsible executive or administrative positions and shall possess the ability to plan and execute policies and programs of the Board of Supervisors, including budgeting, budgetary control and the coordination of various County activities. At the time of his or her appointment, he or she shall be a citizen of the United States of America. He or she need not be a resident of San Bernardino County, but he or she shall become and remain a resident of San Bernardino County during his or her tenure of office. He or she shall devote his or her entire time to the duties of his or her office and shall not engage in any other business or occupation.

(Am. Ord. 4368, passed - -2019)

The Chief Executive Officer shall be appointed by and serve at the pleasure of the Board of Supervisors. He or she may be discharged by three-fifths vote of the Board of Supervisors and his or her appointment terminated upon written notice to him or her of such discharge and termination. The Chief Executive Officer shall give the Board of Supervisors not less than 30 days written notice of his or her intent to resign.

(Am. Ord. 4368, passed - -2019)

The salary of the Chief Executive Officer shall be fixed annually by the Board of Supervisors and it shall be paid by the County Auditor in the same manner as the salaries of other County employees. He or she is granted and is entitled to all of the benefits conferred upon County employees relating to sick leave, vacation leave, holidays, medical and hospital insurance, workers’ compensation, travel expense, and by the County Employees’ Retirement Act.

(Am. Ord. 4368, passed - -2019)

The Chief Executive Officer may appoint and employ assistants and other employees and assign to them various duties prescribed in this County Code. The positions of such assistants and other employees shall be authorized by the Board of Supervisors, and they shall be employed under the provisions of the County Civil Service System except that the Assistant Executive Officers and the Deputy Executive Officers shall be County Officers in the Unclassified Service.

The Chief Executive Officer shall also be the appointing authority for all department heads whose appointment is not otherwise provided by law, and such appointing authority power may be delegated in writing to an Assistant Executive Officer or a Deputy Executive Officer. These officers shall serve in the Unclassified Service as provided in § 12.2400. The Chief Executive Officer shall provide general supervision for these positions; however, such supervision may be assigned to an Assistant Executive Officer or a Deputy Executive Officer.

(Am. Ord. 3771, passed - -1999; Am. Ord. 3947, passed - -2005; Am. Ord. 3953, passed - -2005; Am. Ord. 4368, passed - -2019)

Under the supervision of the Board of Supervisors, and subject to the approval and direction and control thereof, the Chief Executive Officer shall be responsible for the performance of such duties and ministerial functions as may be placed in his or her charge by the Board of Supervisors, and in connection therewith, shall report to the Board from time to time the status and enforcement of the Board’s policies, rules and regulations. The Chief Executive Officer shall:

(a) Act as the chief executive officer of the County and, as such, act as the primary administrative advisor to the Board of Supervisors on all matters relating to the efficient and economical administration of County government.

(b) Attend all meetings of the Board of Supervisors, except when excused therefrom, and advise and make recommendations to the Board upon matters which are brought before it and which are within his or her administrative authority.

(c) Act on behalf of the Board of Supervisors in overseeing the implementation of authorized projects and programs. Coordinate the work of departments, agencies and districts which are under the direct jurisdiction or fiscal control of the Board of Supervisors. In this connection the Chief Executive Officer may require periodic submission of organizational charts and departmental activity reports and inform departments on actions, decisions and policies of the Board of Supervisors affecting departmental operations.

(d) Directly manage or develop an appropriate delegation structure of all County functions and operations except those committed by law to elected officials or Board of Supervisors appointed department heads of the County and be cognizant of the administration of all departments and Board-governed special districts.

(e) Provide budgetary, fiscal and administrative support, oversight, and direction as it pertains to Board of Supervisors policy and procedures for all elected and all Board of Supervisors appointed department heads and their agencies and departments.

(f) Subject to rules, regulations, and ordinances of the Board of Supervisors, cause to be prepared and submitted requests for the creation of new positions, and capital outlay items. He or she may request such information, charts and statistics as may be necessary for his or her recommendations.

(g) Supervise, in cooperation with the County Auditor, the preparation of the annual County Budget. In the performance of this duty, the Chief Executive Officer shall review all departmental and agency requests and all items in the proposed budget, including revenues, expenditures and reserves. He or she shall submit his or her recommendation on the proposed budget to the Board of Supervisors.

(h) Review all departmental and agency requests for adjustments and transfers of appropriations from contingencies and among budget units and make recommendations on them to the Board of Supervisors.

(i) Pursuant to § 12.0211, approve any transfers and revisions of appropriations, objects, and subobjects within a budget unit.

(j) Maintain continuous research into administrative practices and make recommendations to the Board of Supervisors concerning such changes or modifications as will improve the efficiency and economy of County governmental operations.

(k) In cooperation with County departments and agencies, the Chief Executive Officer shall develop work measurement, process organization and procedures programs and operating manuals.

(l) Prepare and maintain administrative policies in cooperation with County departments.

(m) Promote proper preparation and dissemination of periodic reports and informative pamphlets or brochures.

(n) Recommend to the Board of Supervisors new and revised State and Federal statutes which he or she considers to be desirable and to merit the endorsement of the Board of Supervisors. The Chief Executive Officer shall also recommend to the Board of Supervisors the adoption of new and revised ordinances, resolutions and policies when in his or her judgment such action will promote improved County services and operations and is in the public interest.

(o) Make such other investigations, studies and surveys, and perform such other duties as may be ordered by the Board of Supervisors or as deemed necessary.

(p) Provide general supervision of the Director of the Arrowhead Regional Medical Center. This officer shall report to the Chief Executive Officer.

(q) In accordance with a resolution or other written direction from the Board of Directors of the San Bernardino County Fire Protection District, exercise general supervision of the Fire Chief or Interim Fire Chief, including the authority to appoint the Fire Chief or an Interim Fire Chief.

(r) Provide general administrative oversight of the Chief Probation Officer, investigate performance concerns and/or allegations of misconduct committed by the Chief Probation Officer and present the results of the investigation(s) to the Presiding Judge of the Superior Court.

(Am. Ord. 3771, passed - -1999; Am. Ord. 4128, passed - -2010; Am. Ord. 4368, passed - -2019; Am. Ord. 4492, passed - -2025)

The Chief Executive Officer may call upon any officer, or head of any department, agency or district under the control or jurisdiction of the Board of Supervisors to provide information and to assist in carrying out the policies and orders of the Board of Supervisors and the duties herein vested in the Chief Executive Officer.

(Am. Ord. 4128, passed - -2010; Am. Ord. 4368, passed - -2019)

No provision of this Chapter is intended to vest in the Chief Executive Officer any duties or grant to him or her any authority which is vested by general law or by the County Charter of the Board of Supervisors.

(Am. Ord. 4368, passed - -2019)

Notwithstanding any other provision of this Code, or other County regulation, procedure, or policy, the Chief Executive Officer may delegate by written authorization any approval authority given to him or her by County ordinance, regulation, procedure, or policy, unless State statute or County Charter precludes such delegation.

(Am. Ord. 4128, passed - -2010; Am. Ord. 4368, passed - -2019)

(a) The Chief Executive Officer, when he or she deems it appropriate, may exercise any power or jurisdiction, or assume or discharge any responsibilities, or carry out or effect any purpose vested by law, ordinance, rule, regulation or policy in his or her subordinates within the Administrative Office including the Assistant Executive Officers and Deputy Executive Officers serving various functions. When the Chief Executive Officer exercises power pursuant to this provision, such authority shall supersede that of his or her subordinates.

(b) The Chief Executive Officer shall be the appointing authority over those employees within the departments of Workforce Development and Community Development and Housing and those County employees assigned to support the Successor Agency to the County Redevelopment Agency and the Workforce Development Board, whose appointments are not otherwise provided for by the County Charter or general law, including Deputy Executive Officers. The Chief Executive Officer shall have the power to delegate in writing this appointing authority to the Deputy Executive Officer or Deputy Executive Officers assigned to the economic development departments.

(c) The Chief Executive Officer shall have the power of general administrative supervision and coordination over the operations of the Workforce Development Department and the Community Development and Housing Department and the County employees assigned to support the Successor Agency to the County Redevelopment Agency and the Workforce Development Board. The Chief Executive Officer may direct such action as he or she deems appropriate to exercise any power or jurisdiction, or to assume or discharge any responsibility, or to carry out or effect any of the purposes vested by law in any officer, employee or division in the Workforce Development Department and the Community Development and Housing Department or the employees assigned to support the Successor Agency of the County Redevelopment Agency and the Workforce Development Board.

(d) The Chief Executive Officer shall have the power to reorganize the Workforce Development and Community Development and Housing departments and in connection with such reorganization, the Chief Executive Officer has the power to transfer personnel from one department to the other as well as the County employees assigned to support the Successor Agency to the County Redevelopment Agency and the Workforce Investment Board.

(Am. Ord. 3947, passed - -2005; Am. Ord. 4368, passed - -2019)

Pursuant to Government Code § 29125, the Board of Supervisors hereby designates the Chief Executive Officer as the County officer with the authority to approve, with respect to an adopted budget, any transfers and revisions of appropriations, objects and subobjects within a budget unit.

(Am. Ord. 4128, passed - -2010; Am. Ord. 4368, passed - -2019)

(a) Any reference in this Code to the Assistant Administrative Officer for Human Resources or Assistant Administrative Officer for Personnel shall mean the Director of Human Resources.

(b) Whenever the term “County Administrative Officer” or “Administrative Officer” is used in the ordinances, County Code, or the County Charter, or in resolutions and policies adopted by the Board of Supervisors, that term shall mean the Chief Executive Officer.

(c) Any reference in this Code to Assistant County Administrator, Associate Administrative Officer, and Deputy Administrative Officer shall mean Assistant Executive Officer, Associate Executive Officer, and Deputy Executive Officer, respectively.

(Am. Ord. 4128, passed - -2010; Am. Ord. 4368, passed - -2019)

The Chief Executive Officer shall be the appointing authority for and shall supervise the Deputy Executive Officer assigned to the economic development departments, which shall include Workforce Development and Community Development and Housing. The Chief Executive Officer shall also be responsible for providing administrative oversight and support services and direction to the Successor Agency to the County Redevelopment Agency and its administrator and the Workforce Investment Board.

(Ord. 3947, passed - -2005; Am. Ord. 4368, passed - -2019)