Chapter 1 — BOARD OF SUPERVISORS

Section

• 12.0101 Rules Applicable to Meetings.
• 12.0102 Supervisorial Districts.
• 12.0103 Non-interference.
• 12.0104 Procedures for Appointment to Vacant Elective Office.

Rule 1. Regular Meetings. Regular meetings of the Board of Supervisors of the County of San Bernardino shall generally be held on Tuesdays at 9:00 a.m. Meetings will not be held on Tuesdays when the preceding Monday is a legal holiday. All meeting dates shall be determined by an annual meeting calendar, as adopted and amended by the Board of Supervisors each year. (Ord. 974, passed - -1961; Am. Ord. 2211, passed - -1977; Am. Ord. 2557, passed - -1981; Am. Ord. 2613, passed - -1982; Am. Ord. 2714, passed - -1982; Am. Ord. 3944, passed - -2005) Rule 2. Meeting Place. Regular meetings of the Board of Supervisors of the County of San Bernardino shall be held in the Covington chamber of the Board of Supervisors in the County Government Center, 385 North Arrowhead Avenue, First Floor, City of San Bernardino, County of San Bernardino, State of California, unless the annual meeting calendar as adopted or amended identifies another location within the County for a particular regular meeting. Closed sessions shall be held in the Magda Lawson Room of the County Government Center, unless another location is designated by the Chairperson of the Board. When a closed session is scheduled, the regular meeting of the Board of Supervisors shall be convened in the Magda Lawson Room, and adjourned to the Covington chamber following the closed session.

(Ord. 2211, passed - -1977; Am. Ord. 2557, passed - -1981; Am. Ord. 3944, passed - -2005) Rule 3. Order of Business. The regular order of business of the Board shall be: (a) Closed session; (b) Invocation; (c) Pledge of allegiance to the flag; (d) Agenda of the Board; (e) Adjournment. (Am. Ord. 3536, passed - -1993; Am. Ord. 3576, passed - -1994; Am. Ord. 3580, passed - -1994; Am. Ord. 3606, passed - -1995; Am. Ord. 3944, passed - -2005) Rule 4. Chairperson and Vice-Chairperson. A Chairperson and a Vice-Chairperson shall be elected at the first regular meeting of the Board of Supervisors in each odd-numbered calendar year, and shall hold office for two-year terms and until their successors are elected. The Chairperson of the Board shall preserve order and decorum and shall decide questions of order subject to appeal to the Board. In the Chairperson’s absence, the Vice-Chairperson shall act as Chairperson. If both the Chairperson and Vice-Chairperson are absent, the Board shall elect an acting Chairperson for that meeting. All documents approved by the Board which require signature shall be signed by the Chairperson, or in his or her absence the Vice-Chairperson, or by such other person designated by the Board or allowed by law. (Am. Ord. 3944, passed - -2005) Rule 5. Questions of Law. All questions of law shall be referred by the Board to the County Counsel for opinion. All contracts and proposed ordinances shall be referred to the County Counsel for approval as to form. (Am. Ord. 3944, passed - -2005) Rule 6. Preparation of Agenda and Fair Statement. An agenda shall be prepared by the Clerk of the Board of Supervisors for each meeting of the Board and shall contain a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall specify the time and location of the regular meeting and shall be posted at least 72 hours before the meeting in a location that is freely accessible to members of the public. All proposed agenda items shall be approved for placement on the agenda by the County Administrative Officer, the Chairperson of the Board of Supervisors, or their designees, before being placed on the agenda by the Clerk of the Board. Notwithstanding the foregoing, any member of the Board of Supervisors or his or her designee may place an item on the agenda after presenting that item to the Chairperson and the County Administrative Officer or their designees. The Clerk of the Board shall prepare a fair statement of proceedings of meetings of the Board of Supervisors. (Am. Ord. 3944, passed - -2005) Rule 7. Agenda Procedure. Except as otherwise provided herein, any matter to be presented to or acted upon by the Board of Supervisors at a regular meeting must be filed in the Office of the Clerk of the Board of Supervisors not later than 5:00 p.m. Tuesday preceding the Tuesday meeting. Unless so filed the matter will not be considered by the Board of Supervisors until the next succeeding meeting of the Board; provided, however, with the consent of the Chairperson, the County Administrative Officer, or their designees, a matter may be placed on the agenda at any time prior to 72 hours before the regular meeting. No action shall be taken on any item not appearing on the posted agenda; provided, however, the Board may take action on items of business not appearing on the posted agenda under any of the following conditions: (a) Upon determination by a majority vote of the Board that an emergency situation exists, as defined in Government Code § 54956.5; (b) Upon a determination by a two-thirds vote of the Board, or, if less than two-thirds of the Board members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the responsible County staff subsequent to the posting of the agenda; (c) The item was posted on the agenda for a prior meeting of the Board occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (Am. Ord. 3944, passed - -2005) Rule 8. Referrals. Any matter coming before the Board may, if deemed necessary, be referred to the officer or department concerned therewith. (Am. Ord. 3944, passed - -2005) Rule 9. Reconsideration. At the same meeting or at the meeting succeeding that at which a final vote on any question has been taken, said vote may be reconsidered on the motion of any member of the Board, if notice of intention to move such reconsideration has been given at the meeting at which such final vote was taken by a member voting with the majority. (Am. Ord. 3944, passed - -2005) Rule 10. Addressing the Board. Any member of the public may address the Board: (1) on an agenda item before or during the Board’s consideration of the item, and (2) on any matter not on the agenda that is within the subject matter jurisdiction of the Board at the time provided on the agenda for public comment, provided the person submits a completed request to speak form to the Clerk of the Board or his or her designee prior to the time the Chairperson calls the item for the Board’s consideration. The person wishing to address the Board shall, when recognized by the Chairperson of the Board, step up to the rostrum and announce his or her name and address. The Chairperson shall, in the interest of facilitating the business of the Board, limit the amount of time which a member of the public may use in addressing the Board to three minutes total on the consent calendar and to three minutes on each discussion item, unless the Chairperson, or a majority of the Board determines that a different limit is appropriate. In addition, the Chairperson shall, in the interest of facilitating the business of the Board, limit the total amount of time which a member of the public

ember of the public may use in addressing the Board to three minutes total on the consent calendar and to three minutes on each discussion item, unless the Chairperson, or a majority of the Board determines that a different limit is appropriate. In addition, the Chairperson shall, in the interest of facilitating the business of the Board, limit the total amount of time which a member of the public may use in addressing the Board on all agenda items to 12 minutes, unless the Chairperson, or majority of the Board, determines that a different limit is appropriate. (Am. Ord. 3944, passed - -2005) Rule 11. Disruptive Conduct—Removal from Chambers. In the event that any meeting of the Board is willfully disrupted by a person or by a group or groups of persons so as to render the orderly conduct of the meeting impossible, the Chairperson may recess the meeting or order the person, group or groups of persons willfully disrupting the meeting to leave the meeting or be removed from the meeting. Disruptive conduct includes addressing the Board without first being recognized, not addressing the subject before the Board, repetitiously addressing the same subject, failing to relinquish the podium when requested to do so, or otherwise preventing the Board from conducting its meeting in an orderly manner. (Am. Ord. 3944, passed - -2005) Rule 12. Sergeant-at-Arms. The Board of Supervisors shall designate a sergeant-at-arms of the Board who shall attend meetings at the request of the Chairperson of the Board. The sergeant-at- arms shall be available to respond to all meetings immediately upon call. The sergeant-at-arms shall carry out all instructions given by the Chairperson or Acting Chairperson for the purpose of maintaining order and providing security at the Board meetings. (Am. Ord. 3944, passed - -2005) Rule 13. Committees. The Board of Supervisors shall appoint such standing and special committees as it may deem necessary. Rule 14. Waiver of Rules. Any of the within rules not required by law may be waived by the Chairperson of the Board or by a majority of the members of the Board. Rule 15. Open Meetings. All meetings of the Board of Supervisors shall be open and public, and all persons shall be permitted to attend any meeting of the Board, except as otherwise provided herein. Rule 16. Closed Sessions. The Board may hold closed sessions as provided by law. Rule 17. Adjourned Meetings. The Board of Supervisors may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting, the Clerk of the Board may declare the meeting adjourned to a stated time and place, and the Clerk of the Board shall cause a written notice of the adjournment to be given in the same manner as provided herein for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the Chambers or placed where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided herein, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. Rule 18. Special Meetings. A special meeting may be called at any time by the Chairperson of the Board, or by a majority of the members of the Board, by delivering personally or by mail written notice to each member of the Board and to each newspaper of general circulation, radio or television station requesting notice in writing. Such notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting by the Board. The written notice may be dispensed with as to any member of the Board who at, or prior to, the time the meeting convenes files with the Clerk of the Board a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member of the Board who was actually present at the meeting at the time it convenes. The call and notice of the special meeting shall be posted at least 24 hours prior to the meeting in a location that is freely accessible to members of the public. Rule 19. Emergency Meetings. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold an emergency meeting without complying with either the 24-hour notice requirements or the 24-hour posting requirement of Rule 18. For purposes of this rule, EMERGENCY SITUATION means any of the following: (a) Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the Board; (b) Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the Board. However, each local newspaper of general circulation or radio or television station which has requested notice of special meetings pursuant to Rule 18 shall be notified by the Chairperson of the Board, or the Chairperson’s designee, one hour prior to the emergency meeting by telephone and all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice re

otice of special meetings pursuant to Rule 18 shall be notified by the Chairperson of the Board, or the Chairperson’s designee, one hour prior to the emergency meeting by telephone and all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this rule shall be deemed waived, and the Board, or its designee, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after

the meeting as possible. The Board shall not meet in closed session during a meeting called pursuant to this rule. All special meeting requirements, as prescribed in Rule 18, shall be applicable to a meeting called pursuant to this rule, with the exception of the 24-hour notice requirement. The minutes of a meeting called pursuant to this rule, a list of persons who the Chairperson of the Board, or the Chairperson’s designee, notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for a minimum of ten days in a public place as soon after the meeting as possible. (Am. Ord. 3885, passed - -2003; Am. Ord. 3944, passed - -2005)

(a) Pursuant to the provisions of the Fair And Inclusive Redistricting for Municipalities and Political Subdivisions Act (California Elections Code §§ 21500 et seq.) the boundaries of the supervisorial districts of San Bernardino County are adjusted, changed and established as set forth in Commission Map 2 Version 2, considered by the Board of Supervisors at multiple public hearings as required by law, and as reflected in Exhibits A and B, attached to Ordinance 4421 and incorporated herein by reference as if set out in full, and they shall constitute and are hereby established as the boundaries of the supervisorial districts of San Bernardino County for subsequent elections until further readjustment is required by law. (b) For purposes of this article, references to "tract" shall mean "census tract," as that demographic unit is defined by the United States Bureau of the Census for the 2020 Census and as described by maps and publications of the United States Bureau of the Census. References to "block," "blocks" or "block groups" refer to those demographic units, as defined by the United States Census Bureau for the 2020 Census and as described by maps and publications of the United States Census Bureau. (Am. Ord. 1224, passed - -1965; Am. Ord. 1676, passed - -1971; Am. Ord. 1813, passed - -1973; Am. Ord. 2581, passed - -1981; Am. Ord. 3463, passed - -1992; Am. Ord. 3521, passed - -1992;Am. Ord. 3826, passed - -2001; Am. Ord. 4152, passed - -2011; Am. Ord. 4421, passed - -2021)

Except as otherwise provided in this Chapter, the Board of Supervisors, as the governing board of the County, retains full authority to take any and all official action authorized for the governance of the County. Except, no member of the Board of Supervisors nor any member of his or her staff shall give orders to or instruct the subordinates of the Chief Executive Officer, either publicly or privately. This Section does not limit a member of the Board of Supervisors or any member of his or her staff from seeking or providing information. The remedies available under this Code at Chapter 2 of Division 1 of Title 1 shall not apply. (Ord. 4128, passed - -2010)

(a) When an office holder vacates his or her elective County office before expiration of the term, the procedures provided for in this section shall apply in addition to the procedures required by the County's charter. The procedures of this section shall be applied in a manner that does not conflict with the charter. In no event shall this section prevent, or be applied in a manner that prevents, the Board of Supervisors from making an appointment to fill a vacancy. (b) When the Clerk of the Board of Supervisors (the Clerk of the Board) becomes aware of a vacancy or an impending vacancy in any County elective office, the Clerk of the Board shall place an item on the public portion of the agenda for the next regular meeting of the Board of Supervisors or on the agenda for a special meeting of the Board of Supervisors. The agenda item shall describe the elective office that is or will be vacant and clearly state that the Board of Supervisors will discuss and act upon the filling of the vacancy and the procedures thereof. (c) If the Board of Supervisors determines to fill the vacancy by appointment, then at the meeting described in subdivision (b) or at another regularly scheduled meeting or a special meeting, the Board of Supervisors shall: (1) Set a date for making the appointment. The appointment shall be in open session at a regular or special meeting of the Board of Supervisors. The date must comply with any charter deadlines. (2) Direct the Clerk of the Board to prepare an application form. The form shall set forth any statutory or other requirements of holding office. The Board of Supervisors may also specify additional application requirements, including but not limited to the requirement that applicants complete a questionnaire. (3) Set a date and time for when applications for appointment must be submitted to the Clerk of the Board. (4) Direct the Clerk of the Board to prepare and post a notice of vacancy. The notice shall set forth any statutory or other requirements of holding office and include information on where to obtain an application, the deadline for submission of an application, and the date upon which the Board shall consider the applications. The notice shall provide the period of time for which the appointee shall hold office. (d) Applications shall be submitted to the Clerk of the Board no later than the deadline set by the Board. Applications submitted after the deadline shall not be considered. Submitted applications shall be available for inspection or copying by the public upon request. The home address, personal telephone number, and personal e-mail address of an applicant shall be considered confidential, shall not be considered public information, and shall not be disclosed unless required by law. (e) At a regular or special meeting in open session, the Board of Supervisors shall determine whether or not to interview applicants and, if it chooses to conduct such interviews, the Board shall establish the interview process including but not limited to supplemental submittals from applicants and appropriate deadlines. If any candidate fails to comply with the process established by the Board, that candidate shall be automatically disqualified and removed from the candidate pool. The Board of Supervisors may at its discretion interview all applicants, certain applicants, or no applicants. If only certain applicants will be interviewed, then the Board of Supervisors shall, in open session, decide the manner in which the applicants will be chosen and, at the same meeting or a future meeting, choose the applicants to be interviewed. The Board of Supervisors may, if it chooses, conduct a second round of interviews. (f) If all or some applicants are to be interviewed, then they will be interviewed in open session at a regular or special meeting of the Board of Supervisors. Each applicant may make an opening statement of approximately three minutes or as otherwise determined by the Chair of the Board of Supervisors. The order in which applicants shall be interviewed shall be determined by a random method. The order may be altered by the Chair due to the availability of an applicant or for some other good cause. Following each opening statement, each member of the Board of Supervisors may ask questions of the applicant. (g) After completion of the interviews, the public shall have opportunity to address the Board of Supervisors concerning the appointment. The time allotted for each speaker shall be three minutes or as otherwise determined by the Chair. (h) After completion of the interviews and public comment, the Board of Supervisors shall deliberate in open session about the appointment. Thereafter, the Board of Supervisors may take action to make the appointment. If the vacancy is in a Countywide elected office, then the appointment shall require a majority vote of the total membership of the Board of Supervisors. If the vacancy is in the office of Supervisor, then the appointment shall require a majority vote of the remaining members of the Board of Supervisors. (i) The Board of Supervisors may continue the matter, at any stage of the proceeding, to a subsequent regular or special meeting, subject to applicable charter deadlines. (j) At its discretion, the Board of Supervisors may alter, supplement, or waive any requirement of this section. Such altering, supplementing, or waiving must be done in open session. (Ord. 4395, passed - -2020)