San Diego County Municipal Code Art. III General Rules

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*Cross reference(s) -- General provisions, Art. I.

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The following rules in this Article shall be general in their nature and shall apply to and govern all offices, departments and institutions, including commissions and boards, in the service of the County, and all officers and employees.

(Amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Every County officer, board and commission shall have the powers and perform the duties prescribed by the Charter, State law, this Code and all other ordinances not inconsistent with the Charter or State law.

(Amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Powers and duties of loss prevention committee, § 138.1.

Notwithstanding the powers prescribed in Section 51 or elsewhere, no County officer, employee, board or commission shall directly or indirectly authorize or permit anywhere in the unincorporated area of the County the construction, operation or maintenance of any facility, including pipelines, used to transport, process, store or refine crude oil or natural gas which was obtained from offshore oil or natural gas drilling or pumping operations within one hundred (100) nautical miles of the coastline of the County of San Diego.

(Added by Ord. No. 7165 (N.S.), effective 8-7-86; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

All appointments made by the Board and all appointments which are required to be ratified or confirmed by the Board shall be by majority vote of said Board. Wherever the Board has the power of removal of any officer or appointee, it shall require a vote of four-fifths (4/5) of the members of the Board except as otherwise provided.

(Amended by Ord. No. 4514 (N.S.), effective 6-26-75, operative 7-1-75; amended by Ord. No. 6165 (N.S.), effective 10-22-81; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Notwithstanding any other provision of this Code or any resolution, order or other action of the Board of Supervisors, the authority of any organization, entity or person, other than the County, the Board of Supervisors or officers of the County, to appoint any person directly to any advisory board, commission, task force, or other body established by the Board of Supervisors is rescinded and repealed and, after the effective date of this Ordinance, the authority granted to any such organization, entity or person shall be to nominate candidates to the Board of Supervisors for appointment. The Board of Supervisors shall make all such appointments; provided however, that any appointment must be a person who has been nominated by the authorized organization, entity or person. This section shall not apply to advisory boards implementing Board of Supervisors Policy I-1.

(Added by Ord. No. 7450 (N.S.), effective 3-31-88; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

All resignations of County officers and heads of departments must be in writing and must be made to their appointing authority. All resignations of subordinate officers, deputies, clerks and employees shall be made in writing addressed to the officer, board, commission or body appointing or employing them. All resignations shall be effective on the date designated therein or if no date is designated, then on the date of filing.

(Amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Any person convicted by any Federal, State, or local court of competent jurisdiction of any offense classified as a felony, will be ineligible to accept or hold any position in the unclassified service of the County of San Diego for seven years immediately following the date upon which this conviction becomes final. The felony shall have a job-related nexus in order to be disqualifying. Any such person holding a position in the unclassified service of the County of San Diego on the date their conviction becomes final shall be summarily removed from such position by their appointing authority; provided, however, that notice of removal and a hearing shall be afforded to those employees in the unclassified service entitled to such notice and hearing by State law or the County Charter.

(Section 54 repealed by Ord. No. 1529 (N.S.), adopted 12-27-55, and new Section 54 added by Ord. No. 3344 (N.S.), adopted 4-28-69; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

The Auditor & Controller shall prepare all payrolls in the same manner and upon the prescribed forms. The head of each office, department and institution shall be responsible for maintaining the personnel and time records of that office, department or institution and shall certify such information as is necessary in the preparation of the payroll to the Auditor & Controller and the Director of Human Resources at the time and upon the forms prescribed by the Auditor & Controller and Director of Human Resources.

(Amended by Ord. No. 6454 (N.S.), effective 11-11-82; amended by Ord. No. 7718 (N.S.), effective 3-1-90; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Budget procedure and appropriation, revenue and staffing limitations, § 110 et seq.

Each officer, Appointing Authority or designee and employee authorized to certify payroll final claims report shall take such steps as are reasonably necessary to assure the accuracy of such certifications prior to their execution. Failure to take such steps may be the basis for imposition of discipline.

(Added by Ord. No. 7718 (N.S.), effective 3-1-90; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Litigation, § 142; claims against the county, § 145 et seq.

(Amended by Ord. No. 3119 (N.S.), adopted 9-26-67; amended by Ord. No. 4325 (N.S.), operative 7-1-74; amended by Ord. No. 6096 (N.S.), operative 7-1-81; amended by Ord. No. 6454 (N.S.), effective 11-11-82; amended by Ord. No. 6739 (N.S.), effective 4-19-84; amended by Ord. No. 6850 (N.S.), effective 10-2-84; amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; repealed by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Except as otherwise provided in this Administrative Code or by resolution of the Board all County offices shall be open to the public from 8:00 a.m. to 5:00 p.m. on every day of the week except Saturdays, Sundays and the following holidays:

(a) January 1st, known as "New Year's Day".

(b) The third Monday in January, known as "Martin Luther King Day".

(c) The third Monday in February, known as "President's Day".

(d) March 31, known as "Farmworkers Day".

(e) The last Monday in May, known as "Memorial Day".

(f) June 19th, known as "Juneteenth."

(g) July 4th, known as "Independence Day".

(h) The first Monday in September, known as "Labor Day".

(i) November 11th, known as "Veteran's Day."

(j) The Thursday in November appointed as Thanksgiving Day.

(k) The Friday after Thanksgiving Day.

(l) December 25th, known as "Christmas Day".

If a County holiday falls on a Saturday, the preceding Friday shall be deemed to be the holiday; if a County holiday falls on a Sunday, the following Monday shall be deemed to be the holiday. For purpose of this section any holiday appointed by the President or Governor pursuant to subdivision (n) of Section 6700 of the Government Code, except for Thursday in November appointed as Thanksgiving Day, shall not be a holiday unless established as a County holiday by ordinance or resolution of the Board of Supervisors.

Notwithstanding the above, the Chief Administrative Officer may approve limited closure of County offices to the public during holiday periods up to eight hours per day to be determined by the Chief Administrative Officer and the head of the office or department having supervision over the County office being closed to the public.

Such determination is to reduce costs and shall take into consideration the day and hours when public convenience and necessity are least impacted as a result of the County office being closed to the public and shall provide appropriate notice that such changes in office hours will occur, along with instructions for emergencies, and availability of other offices.

(Amended by Ord. No. 3795 (N.S.), effective 12-23-71; amended by Ord. No. 4167 (N.S.), effective 10-25-73; amended by Ord. No. 4613 (N.S.), effective 12-25-75; amended by Ord. No. 5286 (N.S.), effective 11-24-78; amended by Ord. No. 5558 (N.S.), effective 8-16-79; amended by Ord. No. 5910 (N.S.), effective 11-20-80; amended by Ord. No. 6473 (N.S.), effective 12-23-82; amended by Ord. No. 6868 (N.S.), effective 12-13-84; amended by Ord. No. 7308 (N.S.), effective 7-2-87; amended by Ord. No. 8759 (N.S.), effective 1-16-97; amended by Ord. No. 9416 (N.S.), effective 1-10-02; amended by Ord. No. 9418 (N.S.), effective 1-10-02; amended by Ord. No. 10711 (N.S.), effective 2-11-21; amended by Ord. No. 10769 (N.S.), effective 3-11-22; amended by Ord. No. 10992 (N.S.), effective 6-12-26)

The branch offices of all offices, departments and institutions shall be open to the public on such days of the week other than Saturdays or holidays and during such hours as public convenience and necessity may require. The head of the office, department or institution having supervision over any branch office shall determine the days and hours when such public convenience and necessity require that such branch office be open to the public.

(Amended by Ord. No. 10711 (N.S.), effective 2-11-21)

(Amended by Ord. No. 1969 (N.S.), adopted 11-3-69; amended by Ord. No. 7427 (N.S.), effective 2-4-88; repealed by Ord. No. 10575 (N.S.), effective 12-13-18)

(a) It shall be the duty and responsibility of every County officer or employee who while acting within the scope of his/her office or employment

(1) is involved in any accident or incident which results in damage or injury to said officer or employee, or damage, injury or death to any other County officer or employee; or

(2) witnesses any accident or incident involving or occurring on or to County property which results in damage, injury, or death to any County officer or employee to make a written report thereof within 24 hours to the Claims & Investigations Division, Office of County Counsel, Risk Division, Department of Human Resources and to the head of the officer's or employee's office, department or institution.

(b) It shall be the duty and responsibility of every County officer or employee who while acting within the scope of his/her office or employment

(1) is involved in any accident or incident which results in damage, injury, or death to any person not a County officer or employee or damage or injury to any property; or

(2) who witnesses any accident or incident involving or occurring on or to County property which results in any damage, injury or death to any person not a County officer or employee or damage or injury to any property to make a written report thereof within 24 hours to the County Counsel and the head of the officer's or employee's office, department or institution.

(c) If a report is required by both subdivision (a) and (b) of this section, the same report may be delivered to the Risk Division, Department of Human Resources and County Counsel and only one report need be sent to the officer's or employee's office, department or institution.

(Amended by Ord. No. 1281 (N.S.), adopted 2-10-53; amended by Ord. No. 4602 (N.S.), effective 12-4-75; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 6387 (N.S.), operative 8-5-82; amended by Ord. No. 6835 (N.S.), effective 10-18-84; amended by Ord. No. 7308 (N.S.), effective 7-2-87; amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 10304 (N.S.), effective 1-2-14; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Accident prevention and safety, § 136; risk manager, § 137.

In addition to the report required by Section 60 it shall be the duty and responsibility of every County officer or employee involved or a witness to any accident described in Section 60 in which serious personal injury or death occurs

(1) to a County officer or employee to make an immediate summary report thereof by telephone or fax to the California Division of Industrial Safety as required by the California Labor Code; and

(2) to any other person to make an immediate summary report thereof to the Risk Management Division, Department of Human Resources or County Counsel.

(Added by Ord. No. 1281 (N.S.), adopted 2-10-53; amended by Ord. No. 4602 (N.S.), effective 12-4-75; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 6387 (N.S.), operative 8-5-82; amended by Ord. No. 6835 (N.S.), effective 10-18-84; amended by Ord. No. 7308 (N.S.), effective 7-2-87; amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Risk manager, § 137.

It shall be the duty and responsibility of every County officer or employee involved in or witness to any accident described in Section 60 to assist in any investigation conducted by the County into the causes or circumstances thereof or the responsibility thereof, and to provide such information thereof as may be required by the County Counsel and Risk Management Division, Department of Human Resources.

(Added by Ord. No. 1281 (N.S.), adopted 2-10-53; amended by Ord. No. 4602 (N.S.), effective 12-4-75; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 6387 (N.S.), operative 8-5-82; amended by Ord. No. 7308 (N.S.), effective 7-2-87; amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

(Accident & Injury Reports, County Safety Coordinator, Central Safety Control Committee and Department Safety Officers. Added by Ord. No. 1281 (N.S.), adopted 2-10-53; repealed by Ord. No. 4602 (N.S.), effective 12-4-75)

(Added by Ord. No. 1281 (N.S.), adopted 2-10-53; repealed by Ord. No. 4602 (N.S.), effective 12-4-75)

Every officer and employee of the County who now is or hereafter may be authorized by law or ordinance to collect or receive any fee, charge, fine, forfeiture, deposit or other moneys for any purpose as a part of official duties shall issue a receipt showing the payment or deposit thereof in the manner set forth in regulations issued by the Auditor & Controller. The Auditor & Controller may provide in the regulations: (1) the number and distribution of originals and copies of receipts; (2) for the destruction of any or all copies of such receipts when their usefulness for accounting purposes has ceased; (3) for the withholding or non-delivery of the receipt to the person making the payment or deposit: (a) when remittances are received through the United States mail in such form that, as determined by the Auditor & Controller, such receipt may be dispensed with or, (b) when large numbers of very small individual payments are being regularly collected and the department's internal control is such that the Auditor & Controller determines to dispense with the receipts.

(Amended by Ord. No. 1278 (N.S.), adopted 2-3-53; amended by Ord. No. 1440 (N.S.), adopted 1-4-55; amended by Ord. No. 1479 (N.S.), adopted 5-24-55; amended by Ord. No. 2180 (N.S.), adopted 2-14-61; amended by Ord. No. 6754 (N.S.), effective 5-10-84; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

No officer or employee of the County shall make copies of public records outside of office hours and make a charge therefor, nor shall any County officer or employee make a charge or collect or retain for his own use any compensation for permitting any person to make or furnish copies of any public records.

(Amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Unless a fee is otherwise prescribed by law or ordinance, an officer may furnish copies of public records under his control to a person upon payment in advance of a fee fixed by such officer, which fee shall be not less than the actual cost of labor and materials used in preparing and furnishing such copies. Where the total fee cannot be computed until after the copies have been prepared, the officer may require that the estimated fee be deposited before preparing the copies. In the event the officer finds the deposit to be insufficient, he may require that additional money be deposited before proceeding to prepare the copies.

(Added by Ord. No. 1905 (N.S.), adopted 6-9-59; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

The release to the public of lists of employee information, other than names, shall not be made by any County officer or employee without the express authorization of the appropriate appointing authority; provided, however, nothing in this section shall restrict the Auditor & Controller's authority to release employee information to recognized employee organizations which are authorized to utilize the County's payroll deduction system in accordance with the County's Labor Relations Ordinance and any other organization which is authorized by the Board of Supervisors to receive payroll deductions.

(Added by Ord. No. 4512 (N.S.), effective 6-26-75; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Any officer, board, commission or the head of any office, department or institution of the County who administers regulatory laws established by County ordinance or by County ordinance and State law is authorized to cause such regulatory laws or extracts therefrom to be printed in convenient pamphlet form and sold to the public at cost, provided that the expenditure for such printing and the price at which the pamphlet is to be sold are first approved by the Board.

(Amended by Ord. No. 10711 (N.S.), effective 2-11-21)

(a) Findings and Intent.

(1) Credible studies have demonstrated that there are health concerns regarding the use of electronic smoking devices by users of the devices and bystanders.

(2) The Centers for Disease Control and Prevention has reported that from 2011-2012, the use of electronic cigarettes by U.S. middle and high school students more than doubled.

(3) Despite the potential use of electronic smoking devices as an aid to quitting smoking, the products are not approved by the U.S. Food and Drug Administration (FDA) for smoking cessation or treatment of any health concerns. An analysis by the FDA found that e-cigarettes do contain carcinogens, including nitrosamines as well as toxic chemicals such as diethylene glycol. Although electronic smoking devices do not produce the same smoke as conventional tobacco product cigarettes, they do produce a cloud of vapors containing unknown substances and sometime produce unpleasant odors. The possible health effects of bystanders breathing or absorbing these vapors through their skin is unknown.

(4) Nicotine is contained in most electronic smoking devices. Nicotine is a highly addictive neurotoxin included in the Proposition 65 list of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity and is known to cause birth defects. Nicotine is a component of the emissions from electronic smoking devices containing nicotine and involuntarily exposes non-users to nicotine.

(5) Scientific studies and FDA testing demonstrated that the solutions in electronic smoking devices contained toxic chemicals and that labelling often misrepresented nicotine content contained in the devices.

(6) There are products approved by the FDA for smoking cessation. To date, scientific studies have not demonstrated the benefit of electronic smoking devices for smoking cessation and these devices are not approved by the FDA for smoking cessation.

(7) With certain exceptions, state law prohibits smoking inside an enclosed space at a place of employment.

(8) With certain exceptions, state law prohibits smoking inside public buildings or in an outdoor area within a minimum of 20 feet of a main exit, entrance, or operable window of a public building.

(9) The use of electronic smoking devices in locations where the smoking of tobacco is prohibited may cause confusion and uncertainty, and make it more difficult to enforce smoke free environments and other prohibitions on smoking tobacco.

(10) It is the intent of the County Board of Supervisors in enacting the Ordinance that adds this Section to the Administrative Code to provide for the public health, safety and welfare, by prohibiting the use of electronic smoking devices in locations where state law or regulation prohibits the use and smoking of tobacco products.

(b) Definitions. For purposes of this section:

"Electronic smoking device" is defined as an electronic and/or battery operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the U.S. Food and Drug Administration for use in mitigation, treatment, or prevention of disease.

"Enclosed space" is defined as set forth in state law, Labor Code section 6404.5 and includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building.

"Place of employment" is defined as set forth in state law, Labor Code section 6404.5.

"Public building" is defined as a building owned and occupied, or leased and occupied, by the County as set forth in Government Code section 7596.

"Smoking" or "Smoke" for the purpose of this section is defined as the use of an electronic smoking device intended to emulate smoking, which permits a person to inhale vapors, mists or aerosol that may or may not contain nicotine.

(c) Prohibition on Use of Electronic Smoking Devices.

(1) Enclosed Spaces at County Places of Employment. No person shall engage in the smoking of an electronic smoking device in an enclosed space at a County place of employment. This prohibition shall include County owned and County leased property.

(2) County Public Buildings. No person shall engage in the smoking of an electronic smoking device inside a County public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a County public building

(3) Other Locations Where Smoking Tobacco is Prohibited by State Statute or Regulation. No person shall engage in the smoking of an electronic smoking device in any other location where smoking tobacco is prohibited by any state statute or regulation.

(d) Violations and Enforcement. Any violation of the prohibitions set forth in subdivision (c) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This section shall be enforced in the same manner (1) as the state law prohibitions against the smoking of tobacco products contained in Labor Code section 6404.5, Government Code sections 7596-7598 and in the same manner as any other state law or regulation which prohibits the smoking of tobacco products; and (2) at the option of the County, as provided for in County Administrative Code section 81.6.

(e) Construction/Interpretation. This section shall in all respects be construed and interpreted in the same manner as the state law prohibitions against the smoking of tobacco products contained in Labor Code section 6404.5, Government Code sections 7596-7598 and in the same manner as any other state law or regulation which prohibits the smoking of tobacco products.

(Added by Ord. No. 10338 (N.S.), effective 6-19-14; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Unless otherwise provided by law, each board or commission and the administrative head of each office, department and institution of the County shall take charge of all personal property coming to them that has been abandoned or that has been lost and for which no owner can be found. Lost property other than money shall be held for a period of six months and turned over to the Purchasing Agent to be dealt with in accordance with law; money shall forthwith be deposited in the trust fund of the board or commission or office, department or institution, pending its withdrawal and disbursement as provided by law. Property known to be abandoned may be retained by and added to the inventory of the board or commission or office, department or institution having custody of the property, or it may be turned over to the Purchasing Agent and included in his salvage inventory for disposition as salvage. Lost property to which the County has obtained title in accordance with law shall be included in the Purchasing Agent's salvage inventory. Each board or commission or office, department, or institution of the County shall immediately notify the Auditor & Controller of abandoned property which has been retained for use by the County and lost property to which the County has obtained title in accordance with law. The Auditor & Controller shall record such property in the accounting records of the County at an appraised value determined by the Purchasing Agent as of the date of acquisition of title, and charge the property to the proper County officer.

(Amended by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 3745 (N.S.), effective 9-30-71; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Action by Auditor & Controller on lost property claims, § 158; sale of unclaimed property in possession of the sheriff, § 440; excepted property, § 440.1.

Unless otherwise provided herein only the Board of Supervisors may accept a gift of real or personal property to the County. The administrative head of each office, department and institution of the County and each County board and commission (hereinafter referred to collectively as “department head”) may receive on behalf of the County gifts, bequests and trusts of personal property (hereinafter referred to as “gifts”) for any purpose connected with or incidental to the board, commission, office, department or institution and may administer any trust declared or created for any such purpose in accordance with the terms of such trust. The acceptance of any such gifts, bequests of trust, except as hereinafter specified, shall be subject to ratification by the Board before the department head shall proceed to use, administer or expend the same.

In the event that any such gift, bequest or trust contains a negotiable instrument, such as stocks, CD‘s, promissory notes or other financial instruments, the Treasurer-Tax Collector is to be notified prior to filing the Board letter of acceptance of the gift.

In the following cases the head of a County department may accept on behalf of the County a gift of personal property not exceeding $5,000 in value and may proceed to expend, use or administer the same without ratification by the Board:

(1) Where acceptance of the gift imposes no obligation on the County, and no limitation or restriction on the use or expenditure of the gift is imposed. In such case if the accepted gift consists of cash it shall be deposited in the County's General Fund; if other than cash it shall be received and used by the department accepting it. If the gift constitutes a capital asset, the receiving department shall notify Auditor & Controller and add the capital asset to the inventory of the department. If the gift constitutes a negotiable instrument it shall be held by the Treasurer-Tax Collector.

(2) Where acceptance of the gift imposes no obligation on the County and the only limitation or restriction on its expenditure or use is that it be used to carry out the customary activities of the receiving department or some purpose incidental thereto. If such gift is cash it shall be deposited in an appropriate fund in the County treasury and used only for the purpose specified. If the gift constitutes a capital asset the receiving department will notify Auditor & Controller and add the capital asset to the inventory of the department. If the gift constitutes a negotiable instrument it shall be held by the Treasurer-Tax Collector.

The receiving department head shall be responsible for acknowledging receipt of and thanking, on behalf of the Board, the donors for such gifts, and shall report to the Board all such gifts semi-annually.

Title to all such property shall be taken in the name of the County and shall vest in the County. Upon acceptance of any gift by the Board or a department head, the department head shall immediately notify the Auditor & Controller of such acceptance and the Auditor & Controller shall make the necessary entries in the accounting or inventory records of the County at its appraised value as of the date of acquisition as determined by the receiving department or Department of General Services for real property,, if other than money, and insure that the property which is the subject of such gift is charged to the proper County officer. The Treasurer-Tax Collector shall hold all negotiable instruments for the County.

(Amended by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 3137 (N.S.), adopted 11-21-67; amended by Ord. No. 7953 (N.S.), effective 9-5-91; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Gifts of real property, § 73.

(a) BACKGROUND. Notwithstanding Section 66 of the County Administrative Code, this section establishes a Sheriff's Asset Forfeiture Program, whereby the Sheriff of San Diego County may receive seized assets transferred by Federal agencies as provided by the Comprehensive Crime Control Act of 1984 (21 U.S. Code Section 873 et seq.) and by the United States Attorney General's Guidelines on Seized and Forfeited Property (Justice Manual 9-118.500 G.). In addition, any monies or tangible assets that may be received pursuant to the California Health and Safety Code Sections 11470-11493 will also be included in this program, as well as asset forfeiture shared funds from other law enforcement agencies.

Such assets are those which have been seized by law enforcement agencies during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the Sheriff as a result of participation in acts leading to a Federal or State Governmental seizure or forfeiture. These assets may include, but are not limited to, cash, real estate, motor vehicles, airplanes and boats. The Program's purpose shall be to provide an added incentive to the Sheriff's Office to join with Federal, State and other local law enforcement agencies to stem the rising tide of crime, especially illegal drug trafficking.

(b) FORFEITED CASH ASSETS. The monies received by the Sheriff's Asset Forfeiture Program established by this section, the monies received from the sale of any seized tangible assets, and any interest thereon (pursuant to Government Code Section 53647(b)) shall be deposited into the Sheriff's Asset Forfeiture Fund within the County Treasury and shall be used in conformity with the Comprehensive Crime Control Act of 1984 and the United States Department of Justice Guide to Equitable Sharing for State, Local and Tribal Law Enforcement Agencies and California Health and Safety Code Section 11489. The Fund may be applied to payment of any liens or other costs of acquisition associated with the transfer of the forfeited noncash assets.

(c) FORFEITED NONCASH ASSETS. Title to all property received pursuant to this program shall be taken in the name of the County and shall vest in the County. Upon receipt of any transferred property, the Sheriff shall immediately notify the Auditor and Controller of the acquisition using forms prescribed by the Auditor and Controller. The Auditor and Controller shall make the necessary entries in the County's inventory or accounting records, using the property's fair market value on the date of acquisition, as determined by the Purchasing Agent. Actual custody of the property under this program shall be with the Sheriff. Whenever the Sheriff deems it necessary or expedient to sell forfeited noncash assets received, the provisions of Section 440 of this Code shall be followed, except that the proceeds, if any, shall be deposited in the Sheriff's Asset Forfeiture Fund.

(d) PROGRAM ACCOUNTABILITY. The Sheriff, in cooperation with the County Auditor and Controller, shall establish regular accounting and reporting procedures in connection with the Sheriff's Asset Forfeiture Program with strict accountability. A report shall be provided to the Auditor and Controller by the Sheriff, on at least an annual basis, detailing all monies and tangible assets received, all deposits and disbursements, and such other information as the Auditor and Controller may require. The Sheriff shall establish an internal departmental Asset Forfeiture Program Review Committee to assist the Sheriff in the judicious operation of the program.

(Added by Ord. No. 7211 (N.S.), effective 10-30-86; amended by Ord. No. 7767 (N.S.), effective 7-12-90; amended by Ord. No. 7970 (N.S.), effective 10-17-91; amended by Ord. No. 10182 (N.S.), effective 1-5-12; amended by Ord. No. 10586 (N.S.), effective 2-7-19; amended by Ord. No. 10711 (N.S.), effective 2-11-21; amended by Ord. No. 10964 (N.S.), effective 12-18-25; amended by Ord. No. 10993 (N.S.), effective 6-18-26)

Cross reference(s)--Sheriff, § 440 et seq.

(a) BACKGROUND. Notwithstanding Section 66 of the County Administrative Code, this section establishes a District Attorney Asset Forfeiture Program, whereby the District Attorney of San Diego County may receive seized assets transferred to the District Attorney by Federal agencies as provided by the Comprehensive Crime Control Act of 1984 (21 U.S. Code Section 873 et seq.) and by the United States Attorney General's Guidelines on Seized and Forfeited Property (Paragraph III D.3.e). In addition, any moneys or tangible assets that may be received pursuant to California Health and Safety Code Sections 11470-11493 will also be included in this program, as well as asset forfeiture shared funds from other law enforcement agencies.

Such assets are those which have been seized by law enforcement agencies during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the District Attorney as a result of participation in acts leading to a Federal or State governmental seizure or forfeiture. These assets may include, but are not limited to, cash, real estate, motor vehicles, airplanes and boats. The program's purpose shall be to provide an added incentive to the District Attorney to join with Federal, State and other local law enforcement agencies to stem the rising tide of crime, especially illegal drug trafficking.

(b) FORFEITED CASH ASSETS. The moneys received by the District Attorney Asset Forfeiture Program established by this section, the moneys received from the sale of any seized tangible assets, and any interest thereon (pursuant to Government Code Section 53647(b)) shall be deposited into the District Attorney Asset Forfeiture Fund within the County Treasury. The moneys or tangible assets, and any interest thereon deposited into the District Attorney Asset Forfeiture Fund pursuant to the Comprehensive Crime Control Act of 1984 and the United States Attorney General's Guidelines on Seized and Forfeited Property shall be used in conformity with the Comprehensive Crime Control Act of 1984 and the United States Attorney General's Guidelines on Seized and Forfeited Property and any other applicable provisions of law. The moneys or tangible assets, and any interest thereon deposited into the District Attorney Asset Forfeiture Fund pursuant to California Health and Safety Code Sections 11470-11493 shall be used in conformity with California Health and Safety Code Section 11489 and any other applicable provisions of law. The Fund shall be used exclusively by the District Attorney and may be applied to payment of any liens or other costs of acquisition associated with the transfer of the forfeited noncash assets.

(c) FORFEITED NONCASH ASSETS. Title to all property received pursuant to this program shall be taken in the name of the County and shall vest in the County. Upon receipt of any transferred property, the District Attorney shall immediately notify the Auditor and Controller of the acquisition. The Auditor and Controller shall make the necessary entries in the County's inventory or accounting records, using the property's fair market value on the date of acquisition as determined by the Purchasing Agent. Actual custody of the property under this program shall be with the District Attorney. Whenever the District Attorney deems it necessary or expedient to sell forfeited noncash assets received, the applicable provisions of law and County policy will be followed for the disposal of such assets, except that the proceeds, if any, shall be deposited into the District Attorney's Asset Forfeiture Fund.

(d) PROGRAM ACCOUNTABILITY. The District Attorney, in cooperation with the County Auditor and Controller, shall establish regular accounting and reporting procedures in connection with the District Attorney Asset Forfeiture Program with strict accountability. A report shall be provided to the Auditor and Controller by the District Attorney, on at least an annual basis, detailing all moneys and tangible assets received, all deposits and disbursements, and such other information as the Auditor and Controller may require. The District Attorney shall establish an internal departmental Asset Forfeiture Program Review Panel to assist the District Attorney in the judicious operation of the program.

(Added by Ord. No. 7269 (N.S.), effective 3-12-87; amended by Ord. No. 9284 (N.S.), effective 1-4-01; amended by Ord. No. 10182 (N.S.), effective 1-5-12; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

(Added by Ord. No. 7325 (N.S.), effective 7-16-87; repealed by Ord. No. 9782 (N.S.), effective 7-20-06)

(a) BACKGROUND. Notwithstanding Section 66 of the County Administrative Code, this section establishes a Chief Probation Officer Asset Forfeiture Program, whereby the Chief Probation Officer of San Diego County may receive seized assets transferred to them by Federal agencies as provided by the Comprehensive Crime Control Act of 1984 (21 U.S. Code Section 873 et seq.) and by the United States Attorney General's Guidelines on Seized and Forfeited Property (Paragraph III D.3.e). In addition, any monies or tangible assets that may be received pursuant to California Health and Safety Code sections 11470--11493) will also be included in this program, as well as asset forfeiture shared funds from other law enforcement agencies.

Such assets are those which have been seized by law enforcement agencies during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the Chief Probation Officer as a result of participation in acts leading to a Federal or State governmental seizure or forfeiture. These assets may include, but are not limited to, cash, real estate, motor vehicles, airplanes and boats. The Program's purpose shall be to provide an added incentive to the Chief Probation Officer to join with Federal, State and other local law enforcement agencies to stem the rising tide of crime, especially illegal drug trafficking.

(b) FORFEITED CASH ASSETS. The monies received by the Chief Probation Officer Asset Forfeiture Program established by this section, the monies received from the sale of any seized tangible assets, and any interest thereon (pursuant to Government Code section 53647(b) shall be deposited into the Chief Probation Officer Asset Forfeiture Fund. The Fund shall be used in conformity with the Comprehensive Crime Control Act of 1984 and the United States Attorney General's Guidelines on Seized and Forfeited Property and/or California Health and Safety Code Section 11489.

(c) FORFEITED NON-CASH ASSETS. Title to all property received pursuant to this program shall be taken in the name of the County and shall vest in the County. Upon receipt of any transferred property, the Chief Probation Officer shall immediately notify the Auditor and Controller of the acquisition. The Auditor and Controller shall make the necessary entries in the County's inventory or accounting records, using the property's fair market value on the date of acquisition, as determined by the Purchasing Agent. Actual custody of the property under this program shall be with the Chief Probation Officer. Whenever the Chief Probation Officer deems it necessary or expedient to sell forfeited non-cash assets received, the applicable provisions of law and County policy will be followed for the disposal of such assets, except that the proceeds, if any, shall be deposited into the Chief Probation Officer's Asset Forfeiture Fund.

(d) PROGRAM ACCOUNTABILITY. The Chief Probation Officer, in cooperation with the County Auditor and Controller, shall establish regular accounting and reporting procedures in connection with the Chief Probation Officer Asset Forfeiture Program with strict accountability. A report shall be provided to the Auditor and Controller by the Chief Probation Officer, on at least an annual basis, detailing all monies and tangible assets received, all deposits and disbursements, and such other information as the Auditor and Controller may require. The Chief Probation Officer shall establish an internal departmental Asset Forfeiture Program Review Panel to assist the Chief Probation Officer in the judicious operation of the Program.

(Added by Ord. No. 7929 (N.S.), effective 7-18-91; amended by Ord. No. 10711 (N.S.), effective 2-11-21; amended by Ord. 10965 (N.S.), effective 12-18-25)

Cross reference(s)--Probation department, § 363.

Notwithstanding any other section of this Code, the County shall not contract with, and shall reject any bid or proposal submitted by, the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:

(a) Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body;

(b) Profit making firms or businesses in which employees described in subsection (a) serve as officers, principals, partners or major shareholders;

(c) Persons who, within the immediately preceding twelve (12) months, came within the provisions of subsection (a), and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and

(d) Profit making firms or businesses in which the former employees described in subsection (c) serve as officers, principals, partners or major shareholders.

Contracts submitted to the Board of Supervisors or the Director of Purchasing and Contracting for approval or ratification shall be accompanied by an assurance by the submitting department, district or agency that the provisions of this section have not been violated.

(Section 67, Motor Vehicle Records Required Under Section 69 of County Charter, added by Ord. No. 1163 (N.S.), adopted 1-29-52; amended by Ord. No. 1918 (N.S.), adopted 6-30-59; amended by Ord. No. 2571 (N.S.), adopted 7-16-63, and repealed by Ord. No. 5179 (N.S.), effective 8-21-78; new Section 67, PROHIBITED CONTRACTS, added by Ord. No. 6971 (N.S.), effective 7-18-85; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

The Civil Service Commission is hereby authorized, as to all matters within its jurisdiction and in accordance with the rules that it establishes, to issue subpoenas and subpoenas duces tecum and to provide for the compensation of persons subpoenaed. The president or the Executive Officer of the Commission shall sign subpoenas and subpoenas duces tecum.

(Originally codified as Art. IX, § 142; recodified as Art. III, § 68, by Ord. No. 9482 (N.S.), effective 8-15-02; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Upon the verified application of any County officer charged with the duty of collecting amounts due the County, the Board may make an order discharging such officer from further accountability for the collection of any such amount in any case as to which the Board determines that the amount is too small to justify the cost of collection or that the collection of such amount is improbable for any reason. Such order is authorization for the officer to close his books in regard to such item, but such discharge of accountability of the officer does not constitute a release of any person from liability for payment of any such amount which is due and owing to the County. The Auditor & Controller, with the approval of the Chief Administrative Officer, shall prescribe a form for the making of such application, including provision on said form for a statement of the reasons for requesting the discharge of accountability. The application in duplicate shall be made to the Board through the office of the Auditor & Controller and after its approval the original shall be filed with the Board and the copy shall be filed with the Auditor & Controller. If the Board by resolution designates the Auditor & Controller to exercise the powers set forth in this section the Auditor & Controller will semiannually provide a summary report to the Board of all accounts receivable which have been discharged under said delegation and the reason for same.

(Added by Ord. No. 1202 (N.S.), adopted 6-10-52; amended by Ord. No. 4878 (N.S.), effective 5-5-77; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

The Board may by resolution establish for the head of any office or department of the County a cash difference fund and an overage fund. Any such funds shall be established, used, accounted for, reimbursed and terminated in the same manner and following the same procedure set forth in Article IV of Chapter 2, Division 3, Title 3 of the Government Code (Section 29370 and following), the provisions of which, insofar as they are applicable, are by this reference incorporated herein and made a part hereof. Any violation of this section is a misdemeanor punishable as provided in Section 19 of the California Penal Code.

(Added by Ord. No. 1262 (N.S.), adopted 12-2-52; amended by Ord. No. 2633 (N.S.), adopted 11-5-63; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

State law reference(s) -- Similar provisions, Gov. Code, § 29370 et seq.; Penal Code, § 19.

If any warrant issued by the County Auditor & Controller is lost or destroyed before it is paid by the County Treasurer, the amount due may be recovered in accordance with Article 3, Chapter 5, Division 3, Title 3 (commencing with Section 29850) of the Government Code. A warrant is considered lost if it has been mailed and has not been received by the addressee within 7 days after the date of mailing as provided by Section 29853 of the Government Code.

(Added by Ord. No. 1263 (N.S.), adopted 12-9-52; amended by Ord. No. 1338 (N.S.), adopted 10-14-53; repealed by Ord. No. 2633 (N.S.), adopted 11-5-63, and new Section added by Ord. No. 3454 (N.S.), adopted 1-12-70; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

State law reference(s) -- Recovery on warrants, Gov. Code, § 29850 et seq.

Notwithstanding any other section of this Code, if a public assistance warrant issued by the County Auditor & Controller is lost or destroyed before it is paid by the County Treasurer, the amount due may be recovered in accordance with Article 3, Chapter 5, Division 3, Title 3 (commencing with Section 29850) of the Government Code. A public assistance warrant is considered lost if it has been mailed and has not been received by the addressee within 5 working days after the date of mailing as provided by Section 29853.5 of the Government Code.

(Added by Ord. No. 7140 (N.S.), effective 6-26-86; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

State law reference(s) -- Recovery on warrants, Gov. Code, § 29850 et seq.

(a) Whenever the Auditor & Controller performs an audit under provisions of the Charter, the Auditor & Controller shall file a copy of the final report with the Board of Supervisors and transmit copies to the CAO, the auditee and the Grand Jury. The Auditor & Controller may, if desired, report the results of such audits periodically in a summarized manner.

(b) Whenever an audit report or report of examination done by an outside certified public accountant, as provided by the Charter, is filed with the Board of Supervisors, the County Auditor & Controller shall transmit a copy of such report and recommendations to the appropriate auditees and the Grand Jury.

(c) For any reports issued pursuant to subdivisions (a) and (b) above, the auditee must respond in writing to the Board of Supervisors, the CAO, the Grand Jury and the Auditor & Controller to any recommendations contained therein within 60 days. The reply should contain statements of the proposed actions for implementing the recommendations, or the reasons for disagreement.

(d) The Chief Administrative Officer is responsible for distributing Grand Jury interim and final reports to affected officers, boards, and commissions. The Chief Administrative Officer shall be responsible for coordinating and preparing the required response to findings and recommendations of Grand Jury interim and final reports on County government for Board of Supervisors' approval.

(Added by Ord. No. 1275 (N.S.), adopted 1-20-53; amended by Ord. No. 3191 (N.S.), adopted 4-22-68; amended by Ord. No. 3962 (N.S.), effective 10-12-72; amended by Ord. No. 5231 (N.S.), effective 9-21-78; amended by Ord. No. 5278 (N.S.), effective 11-16-78; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Auditor and Controller, § 90 et seq.; copy of special district audits provided to grand jury, § 94; chief administrative officer, § 120 et seq.

A board, commission, department, or administrative head of the office may direct, in writing, a request for the purchase or acceptance of a gift of real property or interest in real property to the Director of General Services, or designee ("Director").

(a) Acquisitions With a Valuation of $1,000,000 or Less by Purchase or Gift.

1. Pursuant to the provisions of Government Code section 25350.60, the Director may perform any and all acts necessary to approve and accept for the County the acquisition of real property interests that do not exceed $1,000,000 in value, if:

a. The acquisition of the real property interest is for a public structure, building, road or other public project, program or improvement (collectively "project") previously approved by the Board of Supervisors.

b. Funding for the project is budgeted and available.

c. The current market value of the real property interest to be purchased has been determined.

d. The acquisition of the real property interest will be in accordance with the County's Hazardous Materials Investigations Site Assessment and Mitigation Procedures.

e. Where required, the appropriate planning agency makes a finding of General Plan conformance prior to acquisition of the real property interest.

f. The acquisition complies with the California Environmental Quality Act (CEQA).

2. The Director may obtain options to acquire property providing that the option term does not exceed two years and the total option payments do not exceed $250,000. An option to purchase pursuant to this subsection may only be obtained if:

a. A project requiring the acquisition of real property has been previously approved by the Board of Supervisors.

b. Funds have been budgeted and are available for the option.

3. If the Director accepts an offer of a gift of real property as the designee of the Board of Supervisors, the Director shall immediately notify the Auditor & Controller and add the real property in the County's capital assets inventory.

4. If requested by the Chief Administrative Officer or the Board of Supervisors, the Director shall provide a list of the real property interests acquired under the delegated authority of Section 73(a)(1).

5. Pursuant to Government Code section 25350.60(c), the authorization granted to the Director by this subsection shall be effective for five years from the effective date of this ordinance.

(b) Acquisition of Interests in Real Property With a Valuation of More Than $1,000,000 by Purchase or Gift.

1. The Director shall attempt to locate property that most adequately meets the requirements of the County and may negotiate preliminarily for the acquisition of real property. The Director shall forward a recommendation on the acquisition of the real property to the Chief Administrative Officer.

2. The Chief Administrative Officer may prepare a summary of the proposed acquisition of real property and forward the summary along with a recommendation to the Board of Supervisors.

3. If Government Code section 25350 or other applicable statute requires giving notice of intent to consummate the proposed acquisition of real property, the Chief Administrative Officer shall provide the Board of Supervisors with the information required to be included in any such notice, including the date and time the Board of Supervisors will meet to consider, and, if approved, authorize the purchase.

(c) Executory Contracts of Purchase.

If any contract of purchase of real property entered into by the Board of Supervisors requires additional performance by the seller, or is executory in any respect by the seller, after payment by the County, the contract shall require that the executory performance by the seller be secured by a corporate surety bond, a deposit of sufficient money or retention by the County of an adequate amount of the purchase price.

(d) Acceptance of Interests in Real Property by Dedication.

The Director may consent to irrevocable offers of dedication of real property pursuant to California Government Code section 7050 and may accept the dedication of real property interests that are conditions of a Board-approved Tentative Map or other similar action.

(Added by Ord. No. 1411 (N.S.), adopted 8-24-54; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 8307 (N.S.), effective 10-28-93; amended by Ord. No. 9641 (N.S.), effective 6-3-04; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15; new Section 73 added by Ord. No. 10365 (N.S.), effective 2-5-15; amended by Ord. No. 10636 (N.S.), effective 12-19-19; amended by Ord. No. 10711 (N.S.), effective 2-11-21; amended by Ord. No. 10962 (N.S.), effective 12-18-25)

A board, commission, department, or administrative head of the office may direct, in writing, a request for the lease or license of real property to the Director of General Services, or designee ("Director"). Prior to initiating the lease negotiation process, the lease of real property for County use shall be approved in principle by the Chief Administrative Officer, or designee, for lease space anticipated to be 10,000 square feet or less, or by the Board of Supervisors for lease space anticipated to be in excess of 10,000 square feet.

(a) Lease or License Not Exceeding Statutory Rent or Term

1. Pursuant to Government Code section 25350.51, the Director may approve, perform all acts necessary to consummate, and amend a lease or license of real property for use by the County, so long as the term and rental rate do not exceed the amounts specified in Government Code section 25350.51, provided that:

a. The rental rate has been determined by the Director to represent a reasonable rate;

b. For a lease, the lease will be in accordance with the County's Hazardous Materials Investigations Site Assessment and Mitigation Procedures;

c. The lease or license complies with the California Environmental Quality Act (CEQA);

d. The Director causes the notice required by Government Code section 25350.51(b) or other applicable statute to be given within the time required by law.

(b) Lease or License Exceeding Statutory Rent or Term

1. The Director may negotiate preliminarily for the lease or license and shall forward a recommendation on the lease or license to the Chief Administrative Officer.

2. The Chief Administrative Officer shall prepare a summary of the proposed lease or license and forward the summary along with a recommendation to the Board of Supervisors.

3. If State law requires giving notice of intent to consummate the proposed lease or license, the Chief Administrative Officer shall provide the Board of Supervisors with the information required to be included in any such notice, including the date and time the Board of Supervisors will meet to consider, and, if approved, authorize the lease or license.

4. The Director may amend real property leases or licenses to provide for improvements, alterations, or both in accordance with Government Code section 25350.51. The Director shall submit all other lease or license amendments to the Board of Supervisors for approval.

(Added by Ord. No. 1411 (N.S.), adopted 8-24-54; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 4514 (N.S.), effective 6-26-75, operative 7-1-75; amended by Ord. No. 5155 (N.S.), effective 6-8-78; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 6454 (N.S.), effective 11-11-82; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15; new Section 73.1 added by Ord. No. 10365 (N.S.), effective 2-5-15; amended by Ord. No. 10636 (N.S.), effective 12-19-19; amended by Ord. No. 10711 (N.S.), effective 2-11-21; amended by Ord. No. 10962 (N.S.), effective 12-18-25)

Cross reference(s)--Chief administrative officer, § 120 et seq.

Whenever a County officer, board, or commission finds that County-owned or leased real property that it is occupying or managing is available, it shall advise the Director of General Services, or designee ("Director"), in writing, describing the property, its condition, reasons for the availability, and the estimated date of vacating or releasing the property.

The Director shall determine whether the property should be held for County use or offered for sale or lease, taking into account probable sale or rental value of the property, and, if applicable, any lease termination costs.

(a) Sale of County-Owned Property.

1. If the Director determines that the real property owned or leased by the County should be sold, it may be sold pursuant to the general procedure specified at Government Code section 25526 and following, pursuant to the minimum mandatory requirements specified in Government Code section 25538 or section 25539, or pursuant to any other applicable statutory authority. The Director is hereby designated as the County officer to conduct sales pursuant to Government Code section 25538 and 25539, and to execute sales and convey real property or interests therein as authorized by sections 25526.5 and 25526.6 or other applicable statute. Sales pursuant to said sections shall comply with all requirements stated therein.

2. As a condition precedent to the adoption or publication of a resolution of intention to sell real property, the Board of Supervisors may require that the requesting department, board or commission deposit with the Director the estimated costs of publishing said resolution of intention and notice of adoption thereof, plus the estimated Department staff costs related to the proposed sale. If the property is sold pursuant to said resolution of intention such deposit shall be refunded. If the property is not sold pursuant to such resolution of intention, the cost of publication and related staff costs shall be deducted from the deposit and paid into the County General Fund and the balance, if any, refunded to the depositor.

3. If the real property is sold, the Director shall notify Auditor & Controller and provide supporting documentation to remove the real property from the County's inventory.

(b) Lease or License of County-Owned Property.

If the Director determines that the real property owned or leased by the County should be made available for lease or license, it may be leased or licensed in accordance with the procedures specified in Section 73.2(b)(1) or 73.2(b)(2) below or pursuant to any other applicable statutory authority or County ordinance. Where any statute authorizes the designation by ordinance of a County officer to lease or license property on behalf of the County, the Director is hereby so authorized and designated to lease or license County property in compliance with all requirements of such statute.

1. Leases and licenses shall be awarded to the person submitting the highest proposal in response to a call for bids, which shall briefly describe or identify the property proposed to be leased or licensed, briefly specify the terms upon which it shall be leased or licensed, and fix a time and place at which the Board of Supervisors shall receive written bids for such lease or license. The call for bids shall be posted in at least three public places in the County of San Diego for not less than 15 days prior to the time fixed for receipt of bids and shall be published once each week for not less than two weeks prior to such time in a newspaper of general circulation published in the County of San Diego. The call for bids may refer to documents on file in the office of the Clerk of the Board for the exact description of the property to be leased or licensed and for the full detail of the terms and conditions of the proposed lease or license. At the discretion of the Board of Supervisors, the call for bids may include a statement of minimum rental, may offer to pay a commission to a licensed real estate broker who is instrumental in obtaining any proposal, and may authorize oral bidding at the time and place fixed for the receipt of written bids under the procedure specified in Government Code sections 25531 or 25537. The Board of Supervisors must either accept the highest proposal submitted in accordance with these procedures or reject all bids.

2. The Director may, without any advertised call for bids, negotiate and execute any lease or license of a duration not exceeding ten years, including any options to extend the term, and having an estimated monthly rental not exceeding $25,000; provided, however, that if a lease or license is so excluded from the bidding procedure, the actual monthly rental in the executed lease or license shall not exceed $25,000, the term of the executed lease or license shall not exceed ten years, and the lease or license shall not be renewed. The Director may amend any lease or license entered into pursuant to this Section 73.2(b)(2) provided that such amendment does not extend the term of the lease beyond ten years or license or increase the monthly rental above $25,000. Notice of any such proposed lease or license shall be given as required by Government Code sections 25537(b), (c), and (d). Pursuant to Government Code section 25537(c)(2), the authorization granted to the Director by this subsection shall be effective for five years from the effective date of this ordinance.

(Added by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 2305 (N.S.), adopted 12-19-61; amended by Ord. No. 2512 (N.S.), adopted 3-5-63; amended by Ord. No. 3271 (N.S.), adopted 11-23-68; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 4514 (N.S.), effective 6-26-75, operative 7-1-75; amended by Ord. No. 5155 (N.S.), effective 6-8-78; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 5721 (N.S.), effective 4-24-80; amended by Ord. No. 7865 (N.S.), effective 3-21-91; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 9414 (N.S.), effective 1-10-02; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15; new Section 73.2 added by Ord. No. 10365 (N.S.), effective 2-5-15; amended by Ord. No. 10636 (N.S.), effective 12-19-19; amended by Ord. No. 10711 (N.S.), effective 2-11-21; amended by Ord. No. 10962 (N.S.), effective 12-18-25)

Cross reference(s)--Chief administrative officer, § 120 et seq.; department of general services, § 398 et seq.

In accordance with Streets and Highways Code section 8335(a)(2), the Department of General Services Senior Land Surveyor, or a qualified designee of the Director, may vacate public service easements as set forth in Streets and Highways Code section 8330, et seq., and by recordation of a document containing the information in Streets and Highways Code section 8335(b).

(Added by Ord. No. 10711 (N.S.), effective 2-11-21)

(Added by Ord. No. 1411 (N.S.), adopted 8-25-54; amended by Ord. No. 3271 (N.S.), adopted 11-25-68; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 5155 (N.S.), effective 6-8-78; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15)

(Added by Ord. No. 1411 (N.S.), adopted 8-24-54; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 5155 (N.S.), effective 6-8-78; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 5721 (N.S.), effective 4-24-80; amended by Ord. No. 7865 (N.S.), effective 3-21-91; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 9414 (N.S.), effective 1-10-02; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15)

(Added by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 2305 (N.S.), adopted 12-19-61; amended by Ord. No. 3271 (N.S.), adopted 11-25-68; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 5155 (N.S.), effective 6-8-78; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 5721 (N.S.), effective 4-24-80; amended by Ord. No. 7865 (N.S.), effective 3-21-91; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 8760 (N.S.), effective 1-16-97; amended by Ord. No. 9414 (N.S.), effective 1-10-02; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15)

(Added by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 3271 (N.S.), adopted 11-25-68; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15)

(Added by Ord. No. 2305 (N.S.), adopted 12-19-61; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 4514 (N.S.), effective 6-26-75, operative 7-1-75; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15)

(Added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 4160 (N.S.), effective 10-4-73; amended by Ord. No. 4793 (N.S.), effective 1-6-77; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 6369 (N.S.), effective 7-8-82; amended by Ord. No. 6733 (N.S.), effective 4-12-84; amended by Ord. No. 7427 (N.S.), effective 2-4-88; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15)

Any contractor and its subcontractors (at any level) performing construction pursuant to a contract valued over $1,000,000, or over $25,000 where all of the work is performed by an apprenticeable occupation (as that term is defined in Public Contract Code section 2601), awarded by the County in accordance with the Public Contract Code (collectively, "County Construction Contractors") shall:

(a) utilize a skilled and trained workforce in the completion of the project as that term is defined in Public Contract Code section 2601(d).

(b) provide employees with paid sick leave to cover, at a minimum, absences due to all of the following as applicable to the employee or their family members:

(i) mental or physical illness, injury, or health condition;

(ii) the need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;

(iii) the need for preventive medical care; medical attention needed to recover from physical or psychological injury or disability due to domestic violence, sexual assault, or stalking;

(iv) the need to obtain services from a victim services organization or psychological or other counseling due to domestic violence, sexual assault, or stalking;

(v) the need to relocate or secure an existing home due to domestic violence, sexual assault, or stalking; and

(vi) the need to obtain legal services, including preparing for or participating in any civil or criminal legal proceeding, related to or resulting from domestic violence, sexual assault, or stalking.

(c) provide that the sick leave required by Section 73.10(b) shall accumulate at the rate of one hour of paid sick time for every 30 hours worked, with a minimum accrual cap of 48 hours per year.

(d) not discharge or in any way discriminate or take adverse action against any employee for disclosing, in any manner, a concern about the terms and conditions of employment.

(e) post the following in a conspicuous and accessible place in each location at which employees are employed:

(i) notice of the requirements set forth in subdivisions (a)-(d) above;

(ii) notice that violations of such requirements may be reported to the County Office of Labor Standards and Enforcement; and

(iii) the phone number and address of the County Office of Labor Standards and Enforcement.

(f) The requirements of this Section 73.10 shall equally apply to all County Construction Contractors subject to these provisions, and shall be included in all such County Construction Contractor contracts and subcontracts (at any level); however, the absence of such contractual provisions shall not relieve a County Construction Contractor of complying with this Section.

(Added by Ord. No. 10771 (N.S.), effective 3-31-22)

Lessees of County-owned property, their sublessees (at any level), and their real property licensees (at any level) making use of County-owned property in furtherance of the purposes for which such County property is leased (collectively referred to in this Section 73.11 as "Lessee Parties") shall:

(a) pay the employees and contractors of Lessee Parties performing work on a construction project on County-owned property valued over $1,000,000 no less than the prevailing wage rates, if any, set by the California Department of Industrial Relations, regardless of whether the payment of such wages is otherwise required under the Labor Code. Such wages shall be paid from the outset of the project and not only at the point that $1,000,000 threshold is reached. It shall be a violation of this Ordinance to split work for the purposes of avoiding the $1,000,000 threshold set forth in this subdivision (a).

(b) utilize a skilled and trained workforce (as that term is defined in Public Contract Code section 2601(d)) in the completion of any construction project on County-owned property valued over $1,000,000, or over $25,000 where all of the work is performed by an apprenticeable occupation (as that term is defined Public Contract Code Section 2601).

(c) ensure that all facilities located on and conditions of County-owned property meet the requirements of any County-enacted ordinances or Board policies regulating workplace conditions.

(d) provide their employees working on or from County-owned property with paid sick leave to cover, at a minimum, absences due to all of the following as applicable to the employee or their family members:

(i) mental or physical illness, injury, or health condition;

(ii) the need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;

(iii) the need for preventive medical care;

(iv) medical attention needed to recover from physical or psychological injury or disability due to domestic violence, sexual assault, or stalking;

(v) the need to obtain services from a victim services organization or psychological or other counseling due to domestic violence, sexual assault, or stalking;

(vi) the need to relocate or secure an existing home due to domestic violence, sexual assault, or stalking; and

(vii) the need to obtain legal services, including preparing for or participating in any civil or criminal legal proceeding, related to or resulting from domestic violence, sexual assault, or stalking.

(e) provide that the sick leave required by Section 73.11(d) shall accumulate at the rate of one hour of paid sick time for every 30 hours worked, with a minimum accrual cap of 48 hours per year.

(f) not discharge or in any way discriminate or take adverse action against any employee for disclosing, in any manner, a concern about the terms and conditions of employment.

(g) post the following in a conspicuous and accessible place in each location at which Lessee Parties' employees and contractors are employed:

(i) notice of the requirements set forth in subdivisions (a)-(f) above;

(ii) notice that violations of such requirements may be reported to the County Office of Labor Standards and Enforcement; and

(iii) the phone number and address of the County Office of Labor Standards and Enforcement.

(h) the requirements of this Section 73.11 shall equally apply to all Lessee Parties subject to these provisions, and shall be included in all such leases; however, the absence of such provisions shall not relieve a Lessee Party of complying with this Section.

(Added by Ord. No. 10771 (N.S.), effective 3-31-22)

(a) Sections 73.10 and 73.11, and subparts thereof, shall not apply:

1. to the extent prohibited by law or by State or federal funding source requirements applicable to the work;

2. to job order contracts let pursuant to Public Contract Code section 20128.5;

3. to housing projects where the County received the underlying proposal or entered into an agreement for the project before the effective date of this Ordinance;

4. to agreements with other government agencies or public utilities;

5. to leases for the placement of equipment or other personal property or for other purposes that involve no regular occupancy by individuals;

6. to employees or contractors providing services ancillary to Lessee Parties' business purposes and working on County-owned property for an average of fewer than eight hours per week in the prior twelve months;

7. during the first three years of a new lease or contract with a certified Disadvantaged Business Enterprise/Airport Concession Disadvantaged Business Enterprise;

8. to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code provided that its highest paid officer earns a salary that, when calculated on an hourly basis, is less than eight times the hourly wage rate of the lowest paid employee;

9. to a firm, including its parent and subsidiary entities, employing 20 or fewer employees for each working day in each of 20 or more calendar weeks in the prior twelve months;

10. where an applicable collective bargaining agreement (including a project labor agreement) specifically supersedes this Ordinance;

11. where the Board of Supervisors has waived all or a portion of the requirements with regard to a particular project or agreement.

(b) Sections 73.10 and 73.11 are intended to have prospective effect only and shall not be interpreted to impair the obligations of any agreement entered into by the County prior to the effective date of this Ordinance unless such agreement explicitly requires compliance with later-enacted County ordinances or policies related to employment standards. Notwithstanding the prior sentence, these requirements shall, to the extent legally permissible, be incorporated into existing agreements as a condition of any amendment extending the term of the agreement or substantially modifying another essential term of the agreement, with the exception of scheduled changes in rental rate or compensation.

(c) If another subsequently enacted ordinance includes stricter or higher standards for particular or specific types of enterprises or activities, the higher or stricter standards prevail.

(Added by Ord. No. 10771 (N.S.), effective 3-31-22)

Violations of Sections 73.10 through 73.12 above may be reported to the County's Office of Labor Standards and Enforcement.

In accordance with Section 81.6 of this Code, and without limiting any contractual remedies available to the County, the County may implement the Administrative Remedies found at Division 8 of Title 1 of the County Code of Regulatory Ordinances to address any violation of Sections 73.10 through 73.12 above.

(Added by Ord. No. 10771 (N.S.), effective 3-31-22)

If any provision of Sections 73.10 through 73.13 or the application thereof is judged invalid, the invalidity shall not affect other provisions or applications of the sections that can be given effect without the invalid provision or application, and to this end any provision judged invalid is declared severable.

(Added by Ord. No. 10771 (N.S.), effective 3-31-22)

(Section 74 first added by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 2029 (N.S.), adopted 3-15-60; amended by Ord. No. 2512 (N.S.), adopted 3-5-63; amended by Ord. No. 3271 (N.S.), adopted 11-25-68, and repealed by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; new Section 74 added by Ord. No. 5661 (N.S.), effective 12-27-79; repealed by Ord. No. 8154 (N.S.), adopted 10-6-92)

(Section 74.1 first added by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 2029 (N.S.), adopted 3-15-60; amended by Ord. No. 2512 (N.S.), adopted 3-5-63; amended by Ord. No. 3271 (N.S.), adopted 11-25-68; and repealed by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; new Section 74.1 added by Ord. No. 5661 (N.S.), effective 12-27-79; repealed by Ord. No. 10305 (N.S.), effective 1-2-14)

(Added by Ord. No. 2029 (N.S.), adopted 3-15-70; amended by Ord. No. 3150 (N.S.), adopted 12-19-67; amended by Ord. No. 3271 (N.S.), adopted 11-25-68; repealed by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70)

(Added by Ord. No. 2731 (N.S.), adopted 9-1-64; amended by Ord. No. 3271 (N.S.), adopted 11-25-68; repealed by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70)

The Board by resolution may establish and determine the amount of, or may by resolution authorize the County Auditor & Controller to establish and determine the amount of, a Revolving Cash Trust Fund for any County officer or department head for whose use there has been established a trust fund if the delays resulting from regular deposits and withdrawals in the trust fund would adversely affect the official operations of such officer or department head. The Revolving Cash Trust Fund shall be used by the officer or department head in payment of services, expenses or other charges which are legally payable out of the deposits in the trust fund, and shall be in an amount to be determined by the Board or the Auditor & Controller. The Auditor & Controller shall prescribe and prepare regulations and forms for the auditing and handling of all Revolving Cash Trust Funds.

(Added by Ord. No. 1433 (N.S.), adopted 12-14-54; amended by Ord. No. 6454 (N.S.), effective 11-11-82; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Establishment, increase, reduction or discontinuance of revolving funds, § 99; purchasing and contracting department revolving fund, § 405.

(a) Any officer of the County of San Diego who is not specifically authorized by statute to do so, is hereby authorized to accept negotiable paper in payment of any license, fee, permit or fine or in payment of any other obligation owing to the County of San Diego. This authorization to accept negotiable paper is subject to the provisions of Chapter 2.5 of Division 7 of Title 1 of the Government Code and the following conditions heretofore established by resolution of the Board of Supervisors:

1. All negotiable paper accepted shall be endorsed promptly with a restrictive endorsement stamp.

2. No person shall request or authorize the refund of a payment made by negotiable paper until there shall have elapsed following such payment a reasonable time for the paper to have cleared and to have been paid or returned unpaid to the officer accepting such paper.

(b) Any officer of the County of San Diego who is not specifically authorized by statute to do so, is hereby authorized to accept credit cards in payment of any of the following:

1. The payment for the deposit of bail or for any fine for any offense not declared to be a felony or for any court-ordered fee, fine, forfeiture, penalty, assessment, or restitution.

2. The payment of a filing fee or other court fee.

3. The payment of any towage or storage costs for a vehicle which has been removed from a highway, or from public or private property, as a result of parking violations.

4. The payment of child, family, or spousal support, including reimbursement of public assistance related fees, costs, or penalties, with the authorization of the cardholder.

5. The payment for services rendered or goods sold by the County.

6. The payment of any fee, charge, or tax due to the County.

7. The payment of any moneys payable to the Sheriff pursuant to a levy under a writ of attachment or writ of execution. Pursuant to Government Code Section 6159 any fees charged for processing the transaction shall be paid by the payor.

8. The payment of a donation, gift, bequest, or devise to the County subject to provisions in the Administrative Code.

9. A department may impose a fee for the use of a credit or debit card or electronic funds transfer not to exceed the costs incurred in providing the payment by credit or debit card or electronic funds transfer. Any fee shall be approved by the Board of Supervisors.

This authorization to accept credit cards is subject to provisions of Government Code Section 6159.

(Added by Ord. No. 1513 (N.S.), adopted 11-1-55; amended by Ord. No. 1515 (N.S.), adopted 11-8-55; amended by Ord. No. 1708 (N.S.), adopted 11-5-57; amended by Ord. No. 1715 (N.S.), adopted 11-26-57; amended by Ord. No. 4922 (N.S.), effective 6-30-77; amended by Ord. No. 8388 (N.S.), effective 5-19-94; amended by Ord. No. 10188 (N.S.), effective 1-5-12; amended by Ord. No. 10307 (N.S.), effective 1-2-14; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

(a) Every County department, board, body, agency or officer shall impose a charge of twenty-five dollars ($25) on every person who issues a personal check in favor of the County of San Diego, or any department, board, body, agency or officer thereof, in payment of any license, fee, permit or other obligation owing to the county, which is returned to the County by the bank upon which it was drawn without payment for any reason.

(b) Whenever a charge is imposed in accordance with this section, such charge shall be added to and become part of any underlying obligation other than an obligation which constitutes a lien on real property. Every such charge collected shall be credited to the County General Fund.

(Added by Ord. No. 4577 (N.S.), effective 11-6-75; amended by Ord. No. 5284 (N.S.), effective 11-23-78; amended by Ord. No. 6454 (N.S.), effective 11-11-82; amended by Ord. No. 8182 (N.S.), effective 1-14-93; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

With the approval of the Board by budget provision and under the procedure and subject to the conditions specified by resolution of the Board any interim, probationary or permanent officer or employee of the County may be reimbursed for tuition for professional and technical courses provided that enrollment by the officer or employee in such courses has received the prior approval of the department head.

(Added by Ord. No. 1667 (N.S.), adopted 7-2-57; amended by Ord. No. 3571 (N.S.), adopted 8-11-70; amended by Ord. No. 6454 (N.S.), effective 11-11-82; amended by Ord. No. 10635 (N.S.), effective 12-19-19; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

(a) The County may recover specialized training expenses from an employee who terminates employment within one year of completion date of such training consistent with the following schedule of reimbursement:

(b) In cases where specialized training is to be made available, the Appointing Authority shall include in the request for training authorization a signed agreement between the County and the employee which provides that training costs in excess of $1,000 ($1,500 for employees in classes designated CC, CS, DA, PD and PM) for any single training session or related series of training sessions will be reimbursed to the County if the employee terminates prior to one year for any reason other than death, disability retirement or judicial appointment.

(c) Training costs shall be calculated to include:

• 1. Travel expenses
• 2. Meals and lodging expenses
• 3. Registration or tuition expenses
• 4. Books and other related materials expenses

(d) At the request of the Appointing Authority, the Auditor & Controller may consider a reduction of, or a complete release from, the employee's obligation if extreme hardship can be demonstrated in writing.

(e) Specialized training is determined by the Appointing Authority, and generally does not include conferences or training that is required for performing the basic functions and duties of employee's classification.

(f) Further, this provision shall not apply to training with no net cost to the County by virtue of being covered by an offsetting grant or other reimbursement.

(g) Eligibility: All employees except those in classes designated DI, DM, DS, PD, PM and SM.

(Section 77.1, training advisory committee, added by Ord. No. 1667 (N.S.), adopted 7-2-57; amended by Ord. No. 2933 (N.S.), adopted 3-8-66; amended by Ord. No. 3866 (N.S.), effective 4-27-72; amended by Ord. No. 4514 (N.S.), effective 6-26-75, operative 7-1-75; repealed by Ord. No. 6387 (N.S.), operative 8-5-82; new section 77.1, repayment of specialized training expenses, added by Ord. No. 8653 (N.S.), effective 4-18-96, operative 4-19-96; amended by Ord. No. 8659 (N.S.), effective 5-23-96, operative 5-23-96; amended by Ord. No. 8720 (N.S.), effective 10-17-96, operative 9-27-96; amended by Ord. No. 10315 (N.S.), effective 1-7-14; amended by Ord. No. 10635 (N.S.), effective 12-19-19; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

(a) No off-duty recreational, social or athletic activity of any employee or officer, including any elected officer, shall constitute any part of his or her work-related duties, unless such activity is specifically authorized as herein provided or is required by the employment or office.

(b) No employee or officer, including any elected officer, shall engage in any such off-duty activity as part of his or her work-related duties, unless such activity has been previously authorized as herein provided or such activity is required by the employment or office.

(c) No officer, including any elected officer, or employee exercising any supervision over other employees, shall authorize, approve, condone or encourage participation in any such off-duty activity, unless such activity has been previously authorized as herein provided.

(d) The Chief Administrative Officer may authorize any such off-duty activity as an activity sanctioned by the County, as herein provided.

(e) The Chief Administrative Officer shall direct the Risk Manager, Department of Human Resources, to review the liability exposure of any off-duty activity submitted for approval as an authorized activity sanctioned by the County. The Risk Manager, Department of Human Resources, shall submit in each case to the Chief Administrative Officer a recommendation with respect to the liability exposure created by such activity. The Chief Administrative Officer shall then issue his or her decision thereon in writing to the officer, including any elected officer, appointing authority or department head, whose office or department is affected by the proposed activity.

(f) The County shall institute the necessary proceedings to assure compliance with the provisions of this section, including disciplinary action and recovery of all expenditures proximately caused by any violation, against any officer, including any elected officer, or employee violating any provision of this section.

(Added by Ord. No. 10635 (N.S.), effective 12-19-19; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

(a) No off-duty recreational, social or athletic activity of any employee or officer, including any elected officer, shall constitute any part of his or her work-related duties, unless such activity is specifically authorized as herein provided or is required by the employment or office.

(b) No employee or officer, including any elected officer, shall engage in any such off-duty activity as part of his or her work-related duties, unless such activity has been previously authorized as herein provided or such activity is required by the employment or office.

(c) No officer, including any elected officer, or employee exercising any supervision over other employees, shall authorize, approve, condone or encourage participation in any such off-duty activity, unless such activity has been previously authorized as herein provided.

(d) The Chief Administrative Officer may authorize any such off-duty activity as an activity sanctioned by the County, as herein provided.

(e) The Chief Administrative Officer shall direct the Risk Manager, Department of Human Resources, to review the liability exposure of any off-duty activity submitted for approval as an authorized activity sanctioned by the County. The Risk Manager, Department of Human Resources, shall submit in each case to the Chief Administrative Officer a recommendation with respect to the liability exposure created by such activity. The Chief Administrative Officer shall then issue his or her decision thereon in writing to the officer, including any elected officer, appointing authority or department head, whose office or department is affected by the proposed activity.

(f) The County shall institute the necessary proceedings to assure compliance with the provisions of this section, including disciplinary action and recovery of all expenditures proximately caused by any violation, against any officer, including any elected officer, or employee violating any provision of this section.

(Added by Ord. No. 5025 (N.S.), effective 1-5-78; amended by Ord. No. 7308 (N.S.), effective 7-2-87; amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- County administrative officer, § 120 et seq.; risk manager, § 137.

1. ACTIVITY PROHIBITED. The sale, offering for sale, solicitation of sales or orders for vending or peddling of any goods, wares, articles, services or merchandise of any kind whatever within any building or portion thereof occupied by the County is hereby prohibited.

(a) Nothing in this regulation shall be construed to prohibit the above transactions or activities when entered into or conducted with or by any County officer, employee, agent, or representative, acting on behalf of the County within the scope of his official duties or employment or by any permittee or concessionaire of the County acting within the scope of his permit or concession.

(b) Nothing in this regulation shall be construed to prohibit the above transactions or activities by any County officer or employee if the above transactions are for charitable non-profit purposes.

(c) Nothing in this regulation shall be construed to prohibit the above transactions or activities by any County officer or employee if the above transactions or activities are for employee sponsored causes and events such as, but not limited to, holiday picnics, retirement parties.

(d) Activities described in subdivision (b) or (c) shall be permitted only if the appointing authority or his designee determines, prior to commencement of such activities, that such activities do not interfere with County business, that such activities are for a charitable non-profit purpose or that employee sponsored causes and events further employer-employee relations and are in the best interest of the County.

2. PENAL PROVISIONS. Any person, firm, partnership or corporation violating this section shall be guilty of a misdemeanor punishable by imprisonment in the County Jail not exceeding six months, or by fine not exceeding five hundred dollars ($500), or by both.

(Added by Ord. No. 1923 (N.S.), adopted 7-21-59; amended by Ord. No. 8902 (N.S.), effective 5-21-98; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Whenever the head of any office or department determines that clothing, gloves, or other protective covering not required to be worn by an employee in the normal course of his assigned duties, is necessary for the protection of the health or safety of the personnel of his office or department, he may within the limits of budgeted funds, purchase such protective covering in accordance with Charter procedures. All such purchases shall be reported by the requisitioning office or department head within one week after such purchase to the Chief Administrative Officer. The Chief Administrative Officer shall prescribe rules regulating such purchases to insure that they shall be within budgeted appropriations and that the protective covering so purchased shall be necessary, suitable and devoted to use for County purposes.

(Added by Ord. No. 1971 (N.S.), adopted 11-10-59; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Upon proper application and compliance with all approved regulations and within the limits of budgeted funds the County shall pay the cost of replacing or repairing property or prostheses of an employee, including but not limited to: eye glasses, hearing aids, dentures, watches or articles of clothing necessarily worn or carried by the employee, when such items are lost or damaged in the line of County duty without fault on the part of the employee. If the items are damaged beyond repair, the actual value of such items may be paid. The value of such items shall be determined as of the time of the loss thereof or damage thereto. With the approval of the Board of Supervisors, the Chief Administrative Officer shall promulgate administrative regulations prescribing forms and procedures for the application for and making of such payments.

(Added by Ord. No. 2091 (N.S.), adopted 8-2-60; amended by Ord. No. 3843 (N.S.), effective 3-23-73; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Any organization receiving public funds from the County shall, upon request of the Board of Supervisors, make available to the Board of Supervisors or its designee for examination, inspection, reproduction, or audit all of its records and books, the names and addresses of its officers and the names and addresses of its members. For purposes of this section, the term public funds includes County personnel, County equipment or publicly financed and owned or controlled property.

(Section 79.2, titled Meals in Nontravel Status, added by Ord. No. 2601 (N.S.), adopted 9-10-63; amended by Ord. No. 3179 (N.S.), adopted 4-1-68; amended by Ord. No. 3432 (N.S.), adopted 11-4-69; repealed by Ord. No. 3707 (N.S.), adopted 6-29-71; new Section 79.2 relating to organizations receiving public funds from County added by Ord. No. 4739 (N.S.), effective 9-9-76; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

The head of each County department shall be responsible for the identification and control of minor equipment, and capital assets other than real property assigned to the department. The department head shall maintain appropriate controls over minor equipment and capital assets assigned to the department and assist the Auditor &Controller to maintain a central inventory by serial numbers of County owned capital assets. The Auditor & Controller shall specify, according to property value and characteristics, what property shall be treated as minor equipment or capital assets, and outline procedures for their control and inventory which are appropriate in terms of cost and effectiveness. The Auditor & Controller shall provide identification labels to each department which shall be placed on all County Property, other than real property, minor equipment, and material and supplies. Each department shall be responsible for obtaining and placing identification labels on all departmental minor equipment. The Chief Administrative Officer shall issue administrative procedures in order to implement this section.

(Added by Ord. No. 4939 (N.S.), effective 7-21-77; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Except as authorized by the County Charter, no person shall be certified to the hereinafter specified positions in the classified Civil Service or employed or appointed to the hereinafter specified positions or offices in the unclassified service, unless such person is a native-born or fully naturalized citizen of the United States or a person lawfully permitted to work in the United States. This provision applies to the following County officers and employees: Members of the Assessment Appeals Board, Members of the Civil Service Commission, Members of the Planning Commission, Members of the Noise Control Hearing Board, Chief Deputy, Assessor/Recorder/County Clerk, Assistant District Attorney, Chief Deputy District Attorney, Chief Deputy, Treasurer/Tax Collector, all members of Executive Management specified in the Compensation Ordinance of the County of San Diego, County Counsel, Assistant County Counsel and Hearing Officer-Appeals appointed by the Board of Supervisors.

(Added by Ord. No. 5285 (N.S.), effective 11-23-78; amended by Ord. No. 7715 (N.S.), effective 2-8-90; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 8427 (N.S.), effective 8-19-94; amended by Ord. No. 10306 (N.S.), effective 1-2-14; amended by Ord. No. 10355 (N.S.), effective 10-23-14; amended by Ord. No. 10711 (N.S.), effective 2-11-21; amended by Ord. No. 10831 (N.S.), effective 3-30-23)

State law reference(s) -- Peace officers defined, Penal Code, § 830 et seq.

Pursuant to Government Code Section 26109, advertising may be permitted on County real and personal property in accordance with policies adopted from time to time by the Board of Supervisors.

(Added by Ord. No. 6631 (N.S.), effective 9-1-83; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

In addition to all other legal remedies, criminal or civil, which are available to the County to address any violation of the Administrative Code, the County may use the Administrative Remedies found at Division 8 of Title 1 of the County Code.

(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 10711 (N.S.), effective 2-11-21)