San Diego County Municipal Code Art. VIII Chief Administrative Officer

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*Note -- Amended by Ord. No. 5356 (N.S.), effective 2-22-79, operative 3-23-79.

Cross reference(s) -- Definitions, § 20 et seq.; general rules, § 50 et seq.; powers and duties of officers, boards, and commissions, § 51.

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There is in the County the office of Chief Administrative Officer (CAO). The CAO is appointed by and serves at the pleasure of the Board of Supervisors (Board).

(Amended by Ord. No. 6921 (N.S.), effective 3-14-85; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18; amended by Ord. No. 10712 (N.S.), effective 2-11-21)

Cross reference(s) -- Appointment and removal, § 52.

The CAO shall act under the supervision of the Board and shall be subject to its direction.

(Amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18; amended by Ord. No. 10712 (N.S.), effective 2-11-21)

(a) There shall be in the Office of the Chief Administrative Officer the following positions:

(1) Asst. CAO/Chief Financial Officer, who shall be the principal assistant to the CAO;

(2) Director, Office of Ethics, Compliance and Labor Standards;

(3) Director, Economic Development and Government Affairs

(4) Director, Office of Equity and Racial Justice;

(5) Chief Evaluation Officer, Office of Evaluation, Performance and Analytics;

(6) CAO Chief of Staff;

(7) CAO Project Manager;

(8) CAO Policy Director; and

(9) Chief Binational Affairs Officer

(Amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 6685 (N.S.), effective 12-22-83; amended by Ord. No. 6921 (N.S.), effective 3-14-85; amended by Ord. No. 7953 (N.S.), effective 9-5-91; amended by Ord. No. 8915 (N.S.), effective 7-3-98, operative 7-3-98; amended by Ord. No. 8958 (N.S.), operative 10-23-98; amended by Ord. No. 9629 (N.S.), effective 4-15-04; amended by Ord. No. 9839 (N.S.), operative 3-30-07; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10246 (N.S.), effective 2-28-13; amended by Ord. No. 10315 (N.S.), effective 2-6-14; amended by Ord. No. 10507 (N.S.), effective 1-4-18; amended by Ord. No. 10635 (N.S.), effective 12-19-19; amended by Ord. No. 10712 (N.S.), effective 2-11-21; amended by Ord. No. 10748 (N.S.), effective 10-14-21; amended by Ord. No. 10923 (N.S.), effective 11-21-24; amended by Ord. No. 10992 (N.S.), effective 6-12-26)

The CAO shall appoint and employ such personnel as may be necessary to carry out the duties of the Office of Chief Administrative Officer. The authority of the CAO to appoint and employ personnel may be exercised by the Asst. CAO/Chief Financial Officer, Deputy Chief Administrative Officers, and the Deputy Chief Administrative Officer/Director of the Health and Human Services Agency with respect to the personnel allocated to each official or that official's Office or Group. All appointments and employments made pursuant to this section shall be in accordance with the provisions of the County Charter, Civil Service Rules, County ordinances and of the rules and policies established thereunder.

(Added by Ord. No. 6387 (N.S.), operative 8-5-82; amended by Ord. No. 6436 (N.S.), effective 10-14-82; amended by Ord. No. 6921 (N.S.), effective 3-14-85; amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 8915 (N.S.), effective 7-3-98, operative 7-3-98; amended by Ord. No. 8958 (N.S.), operative 10-23-98; amended by Ord. No. 9629 (N.S.), effective 4-15-04; amended by Ord. No. 9839 (N.S.), operative 3-30-07; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10315 (N.S.), effective 2-6-14; amended by Ord. No. 10507 (N.S.), effective 1-4-18; amended by Ord. No. 10635 (N.S.), effective 12-19-19; amended by Ord. No. 10712 (N.S.), effective 2-11-21; amended by Ord. 10916 (N.S.), effective 10-10-24; amended by Ord. No. 10923 (N.S.), effective 11-21-24; amended by Ord. No. 10992 (N.S.), effective 6-12-26)

(a) Pursuant to County Charter Section 501, all appointive officers shall be appointed by the CAO, except for those offices designated as appointees of the Board in Charter Section 501.

(b) All other positions in the Unclassified Service shall be appointed as authorized by the County Charter, general law or the ordinances of the County.

(c) Pursuant to County Charter Section 909.2, all persons in the Unclassified Service shall serve at the pleasure of their respective appointing authorities and may be removed from their positions without notice or hearing.

(d) Persons shall be appointed to offices or positions in the Unclassified Service in accordance with the County Charter, County ordinances, and of the rules and policies established thereunder.

(Added by Ord. No. 6921 (N.S.), effective 3-14-85; amended by Ord. No. 9839 (N.S.), operative 3-30-07; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18; amended by Ord. No. 10712 (N.S.), effective 2-11-21)

(a) Except as otherwise provided by the County Charter and general law, the CAO shall have the power to approve the initiation and renewal of Revenue Contracts and the application for and acceptance of Grants to the County:

(1) When the anticipated income or value from the Revenue Contract for the ensuing 12 months, or the amount of the Grant, does not exceed $250,000;

(2) When Government Code Section 29130 is not applicable to require specific authorization by the Board;

(3) When the terms of the Revenue Contract or Grant do not require the addition of positions or staff years; and

(4) When approval by the Board is not specifically required as a condition of the Revenue Contract or Grant.

(b) After approvals by the CAO as provided herein and at his/her request, the Clerk of the Board of Supervisors shall execute such Revenue Contracts or renewals thereof and the documents necessary to effect acceptance of such Grants, on behalf of the Board.

For the purposes of this section, the terms "Revenue Contract" and "Grant" are defined as follows:

(1) "Revenue Contract" means a formal agreement between the County and a contractor providing for payments or income to the County as consideration for goods or services furnished by the County, when the payments or income to be received do not represent fees, licenses, permits, or proceeds of grants.

(2) "Grant" means a formal arrangement between the County and a grantor pursuant to which the County is to receive funds, services, products, or income for the establishment and conduct of, or for the support of, a specific program or project during a stated period of time.

(Section 123, Recognition of Office of Management and Budget, repealed by Ord. No. 6436 (N.S.), effective 10-14-82; new Section 123, Approval of Revenue Contracts and Acceptance of Grants, added by Ord. No. 6780 (N.S.), effective 6-14-84; amended by Ord. No. 9258 (N.S.), effective 11-9-00; amended by Ord. No. 9872 (N.S.), effective 7-19-07; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18; amended by Ord. No. 10712 (N.S.), effective 2-11-21)

(Repealed by Ord. No. 10107 (N.S.), effective 2-10-11)

(a) There shall be in the Office of the Chief Administrative Officer the following Staff Offices:

(1) Office of Economic Development and Government Affairs;

(2) Office of Ethics, Compliance and Labor Standards;

(3) Office of Equity and Racial Justice;

(4) Office of Evaluation, Performance, and Analytics.

The CAO shall exercise general supervision of said staff offices.

(b) The CAO shall be the appointing authority of the Assistant Chief Administrative Officer/Chief Financial Officer, Directors of the Office of Economic Development and Government Affairs, the Office of Ethics, Compliance and Labor Standards, Office of Equity and Racial Justice, and Office of Evaluation, Performance, and Analytics, each of whom shall be in the Unclassified Service of the County. Such appointments shall be in accordance with the County Charter, County ordinances, and of the rules and policies established there under.

(Amended by Ord. No. 4715 (N.S.), effective 4-17-80; amended by Ord. No. 5742 (N.S.), effective 6-5-80; amended by Ord. No. 5790 (N.S.), effective 7-10-80; amended by Ord. No. 5860 (N.S.), effective 9-25-80; amended by Ord. No. 5969 (N.S.), effective 2-12-81; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 6387 (N.S.), operative 8-5-82; amended by Ord. No. 6476 (N.S.), effective 12-30-82, operative 1-4-83; amended by Ord. No. 6779 (N.S.), effective 6-7-84; amended by Ord. No. 6921 (N.S.), effective 3-14-85; amended by Ord. No. 7359 (N.S.), effective 9-17-87; amended by Ord. No. 7653 (N.S.), effective 8-31-89; amended by Ord. No. 8252 (N.S.), effective 7-8-93; amended by Ord. No. 8757 (N.S.), effective 1-16-97; amended by Ord. No. 8840 (N.S.), effective 11-20-97, operative 11-21-97; amended by Ord. No. 8915 (N.S.), effective 7-3-98, operative 7-3-98; amended by Ord. No. 8958 (N.S.), operative 10-23-98; amended by Ord. No. 9258 (N.S.), effective 11-9-00; amended by Ord. No. 9839 (N.S.), operative 3-30-07; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10246 (N.S.), effective 2-28-13; amended by Ord. No. 10507 (N.S.), effective 1-4-18; amended by Ord. No. 10712 (N.S.), effective 2-11-21; amended by Ord. No. 10748 (N.S.), effective 10-14-21; amended by Ord. No. 10911 (N.S.), effective 7-12-24; amended by Ord. No. 10923 (N.S.), effective 11-21-24; amended by Ord. No. 10992 (N.S.), effective 6-12-26)

The Office of Economic Development and Government Affairs, under the direction of its Director, shall oversee on behalf of the CAO, the County's legislative advocacy; manage the Legislative Program of the Board; monitor and evaluate federal and state legislation and policies impacting the County; manage the activities of the County representatives in Washington, DC and Sacramento; facilitate, recommend, implement and communicate legislative policy positions; serve as a liaison with offices of federal and state elected officials and stakeholders on legislative matters; create and implement a vibrant economic development strategy; coordinate regional opportunities in arts and culture; administer County grant programs; update and implement the County's Strategic Plan and governance documents; and be responsible to perform such other duties as the CAO may from time to time assign.

(Amended by Ord. No. 5715 (N.S.), effective 4-17-80; amended by Ord. No. 7653 (N.S.), effective 8-31-89; amended by Ord. No. 8757 (N.S.), effective 1-16-97; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18; amended by Ord. No. 10712 (N.S.), effective 2-11-21; amended by Ord. No. 10911 (N.S.), effective 7-12-24; amended by Ord. No. 10923 (N.S.), effective 11-21-24)

The Office of Ethics, Compliance and Labor Standards, under the direction of its Director, shall be responsible for managing the ethics, compliance, and labor standards and enforcement programs for the County. The ethics and compliance program will be a division within the Office of Ethics, Compliance and Labor Standards, titled the Office of Ethics and Compliance, with an emphasis on program oversight, education, training, monitoring, reporting and corrective action; responsibilities include facilitation and support to assure compliance with applicable federal and state laws, rules, regulations, ethical standards, statutes and County-specific policies and procedures, and the identification of alleged non- compliance for corrective action purposes. This includes receiving and investigating complaints alleging improper government activity including, but not limited to: abuse of authority, gross mismanagement, significant waste of County funds, improper billings, conflicts of interest, patient and client privacy, patient and client safety, alleged violations of federal and state funding requirements and potential danger to public safety or health; and, shall be responsible for receiving and investigating complaints of discrimination and harassment on the basis of characteristics protected by State or Federal anti-discrimination laws, County Charter or County ordinances and policies and shall make appropriate recommendations, establish written procedures to address such complaints; and, perform other duties as assigned by the CAO. The labor standards and enforcement program will be a division within the Office of Ethics, Compliance and Labor Standards, titled the Office of Labor Standards and Enforcement, and will emphasize education and outreach for non-County employee workers and employers in matters related to workers issues; encourage compliance with labor standards and regulations including receiving and investigating complaints of non-compliance and enforcement of standards and regulations; and, data-driven research and analysis to provide recommendations for advancing fair and safe workplaces. The Director shall be authorized to enforce applicable labor standards, policies, regulations, ordinances, and laws impacting non-County employee workers and employers to the extent permitted by state and federal law.

(Added by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10246 (N.S.), effective 2-28-13; amended by Ord. No. 10507 (N.S.), effective 1-4-18; amended by Ord. No. 10712 (N.S.), effective 2-11-21; amended by Ord. No. 10748 (N.S.), effective 10-14-21; amended by Ord. No. 10923 (N.S.), effective 11-21-24)

The Workplace Justice Fund is established and shall be administered by the Office of Labor Standards and Enforcement. Disbursements will be made in compliance with Office of Labor Standards and Enforcement Workplace Justice Fund policy.

Applicable Wage Judgments must be assigned to the County of San Diego for collections.

(Added by Ord. No. 10852 (N.S.), effective 7-13-23; amended by Ord. No. 10923 (N.S.), effective 11-21-24)

The Office of Equity and Racial Justice, under the direction of its Director, shall endeavor to collaborate with trusted community organizations and establish more equitable and accessible services, programs, and resources and connect with all the various communities in the County to ensure we are responding to each community appropriately and addressing their specific and diverse needs while advancing the County's commitment to an equitable and inclusive region; and, perform other duties as assigned by the CAO.

(Added by Ord. No. 10712 (N.S.), effective 2-11-21)

The Office of Evaluation, Performance, and Analytics, under the direction of the Chief Evaluation Officer, shall provide leadership, coordination, and capacity building to oversee the County's efforts around evidence-based policymaking, program evaluation, data governance, and metrics; create, implement and oversee an Annual Strategic Research Plan to align research and data analyses to the County's strategic planning process; budget and supervise a team that evaluates programs across the entire County enterprise, develops performance metrics for the County's programs and strategic goals, and operationalizes advanced data analytics methods to support County operations and decision-making. These functions shall enable the Board of Supervisors and County leadership to make evidence-based policy decisions that are most in line with the County's priorities; and perform other duties as assigned by the CAO.

(Added by Ord. No. 10748 (N.S.), effective 10-14-21; amended by Ord. No. 10923 (N.S.), effective 11-21-24)

(a) The CAO shall adopt and implement rules and regulations regarding the operation, use of, and access to County facilities and property.

(Added by Ord. No. 10449 (N.S.), effective 1-12-17; amended by Ord. No. 10507 (N.S.), effective 1-4-18)

The CAO shall recommend to the Board the cancellation or transfer of any items in the final budget adopted by the Board which the CAO may deem advisable, expedient or advantageous to the best interests of the County or district as the case may be.

(Amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18)

Cross reference(s) -- Temporary transfers of funds to specified agencies within the County of San Diego, § 119.1, et seq.

The CAO shall oversee the Capital Outlay Fund and shall be responsible for monitoring expenditures. The CAO shall prepare the County's annual Capital Improvements Budget and Capital Improvements Plan.

(Added by Ord. No. 8029 (N.S.), effective 2-20-92; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18)

The CAO shall supervise the expenditures of all agencies, offices, departments, institutions, districts, boards and commissions of the County placed under the supervision of the CAO by this Article. The CAO shall report to the Board on whether such expenditures are necessary for the current needs of such agencies, offices, departments, institutions, districts, boards or commissions of the County and shall report to the Board on whether any proposed purchase by any such agency, office, department, institution, district, board or commission of the County from funds appropriated thereto for fixed assets should not be made.

(Amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18)

The CAO shall coordinate the administration of all offices, departments, institutions, districts, boards and commissions of the County under the CAO's supervision, and to accomplish such purpose the CAO is hereby delegated the power and authority to transfer equipment, machinery, furnishings, or supplies from one such office, department, institution, district, board or commission of the County to another.

(Amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18)

The CAO may make recommendations to the Board for the temporary transfer of such personnel as is necessary from time to time to enable the offices, departments, institutions, districts, boards or commissions of the County under the CAO's supervision to perform their functions or accomplish their work with the greatest efficiency, and the CAO may make recommendations to the Board for the creation or abolition of positions in any such office, department, institution, district, board or commission of the County under the CAO's supervision.

(Amended by Ord. No. 6096 (N.S.), effective 8-6-81, operative 7-1-81; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18)

It is hereby declared to be the policy of the Board that no new positions of employment be created or filled in any fiscal year after the adoption of a final budget, except such as may be made necessary by unforeseen or unanticipated emergencies; and the offices, departments, institutions, districts, boards or commissions of the County before receiving the recommendation of the CAO thereon.

(Amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18)

The CAO may call upon any officer or employee in any office, department, institution, district, board or commission of the County under the CAO's supervision to perform any service in County programs or other programs serving public purposes which such officer or employee is legally authorized or required to perform to assist in carrying out any of the powers and duties of the CAO.

(Amended by Ord. No. 7409 (N.S.), effective 12-10-87; amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18)

The head of any office, department, institution or district or any board or commission that is dissatisfied with any decision of the CAO that affects such office, department, institution, district, board or commission may appeal to the Board whose decision in the matter shall be final.

(Amended by Ord. No. 10107 (N.S.), effective 2-10-11; amended by Ord. No. 10507 (N.S.), effective 1-4-18)

(Amended by Ord. No. 9258 (N.S.), effective 11-9-00; repealed by Ord. No. 10507 (N.S.), effective 1-4-18)

(Amended by Ord. No. 6387 (N.S.), operative 8-5-82; amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 9258 (N.S.), effective 11-9-00; repealed by Ord. No. 10507 (N.S.), effective 1-4-18)

(Amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 9258 (N.S.), effective 11-9-00; repealed by Ord. No. 10507 (N.S.), effective 1-4-18)

(Amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 9258 (N.S.), effective 11-9-00; repealed by Ord. No. 10507 (N.S.), effective 1-4-18)

(Amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 9258 (N.S.), effective 11-9-00; repealed by Ord. No. 10507 (N.S.), effective 1-4-18)

(Amended by Ord. No. 7478 (N.S.), effective 6-16-88, operative 7-1-88; amended by Ord. No. 9258 (N.S.), effective 11-9-00; repealed by Ord. No. 10507 (N.S.), effective 1-4-18)