Solano County Municipal Code Div. 3 Officers Appointed

Part 1. Office of County Administrator

2-40 Office established

The office of county administrator is established.

(Ord. No. 1759, §4)

2-41 Position created

The position of county administrator is created. The county administrator is a county officer not subject to the county civil service system. No provision of this division is intended to, nor shall it vest in the county administrator any right, duty or responsibility now conferred by law on any other officer, department head or employee of the county.

(Ord. No. 1759, §4)

2-42 Appointment and compensation

(a) The county administrator shall:

(1) Be chosen upon the basis of knowledge and skills in public administration, demonstrated administrative ability, and knowledge of public budgeting, personnel, finance, and organization. This requirement may normally be met by a combination of education and experience equal to a master’s degree plus five (5) or more years’ experience in a highly responsible administrative or supervisory position in a public agency.

(2) Be appointed by, and serve at the pleasure of, the board of supervisors and may be removed from office by majority vote of the board of supervisors upon ninety (90) days’ written notice of such removal; except that the county administrator shall not be removed during the first one hundred twenty (120) days following any change in membership of the board of supervisors except upon four-fifths (4/5) vote of the board of supervisors. Such notice of removal shall be given at a regular meeting of the board. The board may also relieve the county administrator of his or her duties during the period.

(b) The board of supervisors shall establish the salary of the county administrator and be paid by the auditor-controller in the same manner as the salaries of the other county employees. The county administrator is granted and is entitled to a county car or mileage allowance in an amount adopted by the board of supervisors, all actual and necessary budgeted expenses for conducting county business, dues and expenses to participate in state and national professional organizations of benefit to the county, and all other benefits conferred upon management and miscellaneous county employees.

(Ord. No. 1759, §4)

2-43 Administrative powers and duties

(a) The county administrator is the chief administrative officer of the county and is responsible to the board of supervisors for the proper and efficient administration of all county offices, departments, institutions and special districts under the jurisdiction of the board of supervisors. To this end, the county administrator shall have those powers and duties set forth in this division and as reasonably implied, and shall be authorized to assign or delegate the administration of these duties to any department or person under the board’s control, subject to the limitations imposed by law.

(b) The board of supervisors and its members shall deal with the administrative services only through the county administrator’s office, except for the purpose of inquiry.

(Ord. No. 1759, §4)

2-44 General administration

The county administrator shall:

(a) Administer and enforce policies established by the board of supervisors; and promulgate rules and procedures as necessary to implement board policies.

(b) Refer policy matters and other matters beyond the county administrator’s authority to resolve to the board of supervisors for determination, direction, or authorization.

(c) Represent the board of supervisors in the county’s intergovernmental relationships under board policies and instructions; and when directed, represent the board in dealing with individuals or groups concerned with county affairs.

(d) Attend all meetings of the board of supervisors, except when excused; and when directed, attend meetings of commissions and committees established by the board of supervisors.

(e) Supervise preparation of the agenda; evaluate departmental and other submitted requests, and make recommendations to the board on all agenda items; propose necessary revisions to the code with the county counsel; and report to the board on county matters as needed.

(f) Implement the county’s legislative advocacy program, including both the initiation of legislation that will benefit the county and county administration, and the analysis of proposed state and federal legislation; recommend positions on proposed legislation; and review all department head requests for legislation.

(g) Subject to the limitations and procedures established by state law, negotiate, or supervise the negotiation of, and execute contracts that the board, through budget adoption, has approved for the board of supervisors; and administer all county contracts and insure their faithful performance.

(h) Conduct continuous research in administrative practices to achieve greater efficiency and economy in county government; and develop and recommend to the board of supervisors long-range plans to improve county operations and to prepare for future county growth and development.

(i) Be the incident commander for emergency services under the provisions of Chapter 7, exercise control of county government in extreme emergencies when there is insufficient opportunity for the board of supervisors to act, and hire necessary extra personnel and purchase necessary equipment and supplies to meet such emergencies.

(j) Be the clerk of the board of supervisors for the county and perform all the duties prescribed by law for the county clerk, as ex officio clerk of the board of supervisors, or for the clerk of the board of supervisors; and perform all duties of the county clerk under the provisions of the California Environmental Quality Act, including but not limited to the notice of determination provisions of Public Resources Code Section 21152.

(Ord. No. 1759, §4)

2-45 Budgetary matters

The county administrator shall:

(a) Develop budget instructions and policies, revenue estimates, and departmental budget targets to guide departments in budget preparation.

(b) Recommend to the board of supervisors an annual county operating budget based on revenue projections, budget targets and proposed goals, objectives, work programs and projects developed by the various departments.

(c) Recommend to the board of supervisors a proposed capital budget based upon long-range plans for acquiring, constructing, or improving buildings, roads, and other county facilities; and make recommendations to the board on the acquisition and disposition of real property, except for county roads, easements, and rights-of-way, which shall be the responsibility of the director of transportation.

(d) Establish a control system or systems to assure that the various county departments and other agencies under the jurisdiction of the board of supervisors are operating within their respective budgets; make recommendations to the board regarding requests for unforeseen and unbudgeted expenditures; approve fund transfers and budget revisions within appropriations, including additional fixed assets in accordance with Government Code Section 29125, and make recommendations to the board for fund transfer requests which require board action under state law; and establish policies for acquiring additional or replacement fixed assets.

(e) Establish a budgetary allotment system and such other expenditure controls which are necessary or desirable, and may authorize department heads to approve fund transfers except those requiring approval of the board of supervisors under state law.

(f) Keep the board of supervisors informed of the financial status of the county and of other matters of major significance which affect the county.

(Ord. No. 1759, §4)

2-46 Supervision of departments

The county administrator shall:

(a) Supervise the performance of county departments, within the limitations established by state law or the board of supervisors, by directing the establishment of standards, goals and objectives for quality and quantity of departmental performance and the measure of the performance of individual departments against those standards and goals; and assign projects and scrutinize departmental expenditures to assure that they are necessary and proper.

(b) Evaluate all proposed departmental programs and recommend those to the board of supervisors that he or she feels should be approved or modified; and periodically evaluate existing departmental programs and recommend changes to the board when they are indicated.

(c) Evaluate departmental organization on a continuous basis, subject to the limitations of state law or the directives of the board of supervisors; initiate changes in directives of the board; initiate changes in interdepartmental organization, structure, duties or responsibilities when warranted, including authorizing the transfer of equipment between departments; assign space to county departments in county facilities, and authorize budgeted out-of-county travel and in-county business expense in accordance with rules and regulations based upon policies established by the board; and recommend to the board the transfer of positions between departments and the consolidation or combining of county offices, departments, positions or units.

(d) Evaluate department head performances and recommend compensation in accordance with demonstrated performance; and confer with department heads as necessary to discuss any shortcomings noted and to suggest remedial action.

(e) Appoint, transfer, discipline and dismiss any nonelective department head who is not appointed by the board of supervisors or who does not serve a fixed term of office; such department heads shall serve at the pleasure of and be appointed by the county administrator. In those cases where the county administrator is not the appointing authority under this division, the county administrator shall:

(1) Recommend to the board of supervisors the appointment of a qualified candidate to fill any vacancy occurring in a department head position; and

(2) Recommend to the board for its consideration and determination the transfer, discipline, or dismissal of such department head, when appropriate.

(f) Assist department heads in solving problems which inhibit efficient operation within a department or create friction between departments, when necessary or upon a department head’s request.

(g) Provide management training and development leadership qualities among department heads to build a county management team that can plan for and meet future challenges.

(Ord. No. 1759, §4)

2-47 Employment policies and practices

The county administrator shall:

(a) Review all requests to fill permanent and limited-term personnel positions to assure that the position is required and that salary funds are available; authorize advanced step recruitment upon recommendation by the director of human resources; and authorize and control the use of extra help and payment for overtime within available funds.

(b) Be responsible for orientation and training of new county supervisors, members of boards, commissions and committees, and new department heads.

(Ord. No. 1759, §4)

Part 2. Clerk of the Board of Supervisors

2-50 Office established

The office of clerk of the board of supervisors is established.

(Ord. No. 1759, §4)

2-51 Position created

The position of clerk of the board is created.

(Ord. No. 1759, §4)

2-52 Appointment

The board of supervisors appoints the county administrator as the clerk of the board to serve at its will under Government Code Section 25100.5.

(Ord. No. 1759, §4)

2-53 Powers and duties

The clerk of the board of supervisors shall exercise the following duties and responsibilities:

(a) Perform those duties prescribed by law for the county clerk, as ex officio clerk of the board of supervisors, or for the clerk of the board of supervisors.

(b) Prepare an annual budget for the board of supervisors.

(Ord. No. 1759, §4)

Part 3. County Counsel

2-60 Office established

The office of county counsel is established.

(Ord. No. 1759, §4)

2-61 Position created

The position of county counsel is created.

(Ord. No. 1759, §4)

2-62 Appointment and compensation

The board of supervisors shall appoint the county counsel to a four (4) year term from the time of appointment. The county counsel shall receive compensation and benefits as established by the board of supervisors.

(Ord. No. 1759, §4)

2-63 Removal

The county counsel may only be removed during the term of office for neglect of duty, malfeasance or misconduct of office, as provided for in Government Code Section 27641(b), or by the proceedings set forth in Section 27641(a).

(Ord. No. 1759, §4)

2-64 Powers and duties

The county counsel shall have those powers and duties prescribed by the provisions of Government Code Sections 26529, 26530, 27642 and 27643. The county counsel shall oversee the county’s general liability insurance program and be responsible for handling all claims against the county.

(Ord. No. 1759, §4; Ord. No. 1827, §1)

Part 4. Agricultural Commissioner-Sealer of Weights and Measures

2-70 Office established

The consolidated office of agricultural commissioner-sealer of weights and measures is established.

(Ord. No. 1759, §4)

2-71 Position created

The position of agricultural commissioner-sealer of weights and measures (agricultural commissioner) is created.

(Ord. No. 1759, §4)

2-72 Appointment and compensation

The board of supervisors shall appoint the agricultural commissioner to a four (4) year term from the time of appointment. The agricultural commissioner shall receive compensation and benefits as established by the board of supervisors.

(Ord. No. 1759, §4)

2-73 Removal

The agricultural commissioner may only be removed during the term of office for neglect of duty, incompetence, or misconduct in office, as provided for in Food and Agriculture Code Section 2181 et seq.

(Ord. No. 1759, §4)

2-74 Powers and duties

The agricultural commissioner shall have those powers and duties prescribed by the provisions of Food and Agriculture Code Section 2271 et seq.

(Ord. No. 1759, §4)

Part 5. Public Defender

2-80 Office established

The office of public defender is established as authorized by Government Code Section 27700.

(Ord. No. 1759, §4)

2-81 Position created

The position of public defender is created.

(Ord. No. 1759, §4)

2-82 Appointment and compensation

The board of supervisors shall appoint the public defender to serve at its will. The public defender shall receive compensation and benefits established by the board of supervisors.

(Ord. No. 1759, §4)

2-83 Qualifications

The minimum qualifications for appointment as public defender are:

(a) Admission to practice of law in the state;

(b) A minimum of five (5) years full-time in the practice of the law, with major emphasis on criminal practice;

(Ord. No. 1759, §4)

2-84 Duties and responsibilities

The public defender shall have all those duties and responsibilities prescribed by Government Code Sections 27705, 27705.1 and 27706.

(Ord. No. 1759, §4)

Part 6. Public Administrator

2-90 Office established

The office of public administrator is established as authorized by Government Code Section 24011(a).

(Ord. No. 1759, §4)

2-91 Position created

The position of public administrator is created.

(Ord. No. 1759, §4)

2-92 Appointment and compensation

The board of supervisors shall appoint the public administrator to serve at its will. The board of supervisors may appoint the same person to the offices of public administrator and public guardian as authorized by Government Code Section 24011(b). The public administrator shall receive compensation and benefits as established by the board of supervisors.

(Ord. No. 1759, §4)

2-93 Authority and duties

Probate Code Section 7600 et seq., or its successors, and all other applicable federal, state or local laws and regulations establish the authority and duties of the public administrator.

(Ord. No. 1759, §4)

Part 7. Public Guardian

2-100 Office established

The office of public guardian is established as authorized by Government Code Section 27430.

(Ord. No. 1759, §4)

2-101 Position created

The position of public guardian is created.

(Ord. No. 1759, §4)

2-102 Appointment and compensation

The board of supervisors shall appoint the public guardian to serve at its will. The board of supervisors may appoint the same person to the offices of public administrator and public guardian as authorized by the Government Code Section 24011(b). The public guardian shall receive compensation and benefits as established by the board of supervisors.

(Ord. No. 1759, §4)

2-103 Bond or government crime insurance policy required

The public guardian shall file an official bond in an amount fixed by a resolution of the board of supervisors, which bond shall inure to the joint benefit of the conservatorship, guardianship estates and the county, or the county may provide alternative coverage under a government crime insurance policy as authorized by Government Code Section 1463.

(Ord. No. 1759, §4)

2-104 Authority and duties

Probate Code Sections 2940 through 2944, inclusive, and all other applicable state and federal laws, prescribe the authority and duties of the public guardian.

(Ord. No. 1759, §4)

2-105 Public representative payee

The board of supervisors designates the public guardian as the public representative payee and to collect any fees authorized by the board of supervisors for public representative payee services as authorized by Government Code Section 27436.

(Ord. No. 1759, §4)

Part 8. Department of Health and Social Services

2-110 Office established

The office of the department of health and social services is established.

(Ord. No. 1759, §4)

2-111 Position created

The position of the director of health and social services is created.

(Ord. No. 1759, §4)

2-112 Appointment and compensation

(a) The board of supervisors shall appoint the director of health and social services. The director shall serve at the board of supervisors’ will to the extent permitted by law, in particular Welfare and Institutions Code Section 10801. The director shall receive compensation and benefits as established by the board of supervisors.

(b) The director is appointed as the public administrator and public guardian.

(Ord. No. 1759, §4)

2-113 Duties

The director shall perform the following duties:

(a) Advise and assist the board of supervisors in the administration of state and federal laws relative to Aid to Families with Dependent Children, Medi-Cal, food stamps, general assistance, and other program-related assistance, and all state and federal laws and county ordinances relative to Child Protective Services and Adult Protective Services, general social and public welfare and relief, and to investigate such applications for and to report to the board of supervisors.

(b) Advise and assist the board of supervisors in the administration of state laws relative to county health, mental health, alcoholism and drug abuse functions.

(Ord. No. 1759, §4)

Part 9. Registrar of Voters

2-120 Office established

The office of registrar of voters is established as authorized by Government Code Section 26802.5.

(Ord. No. 1759, §4)

2-121 Position created

The position of registrar of voters is created.

(Ord. No. 1759, §4)

2-122 Appointment and compensation

The board of supervisors shall appoint the registrar of voters to serve at its will. The registrar of voters shall receive compensation and benefits as established by the board of supervisors.

(Ord. No. 1759, §4)

2-123 Duties

The registrar of voters shall discharge all duties vested by law in the county elections official.

(Ord. No. 1759, §4)

Part 10. Department of Transportation

2-130 Office established

The office of the department of transportation is established.

(Ord. No. 1759, §4)

2-131 Position created

The position of the director of transportation is created.

(Ord. No. 1759, §4)

2-132 Appointment and compensation

The board of supervisors shall appoint the director of transportation to serve at its will. The county administrator shall be responsible for oversight of the director. The director shall receive compensation and benefits as established by the board of supervisors.

(Ord. No. 1759, §4)

2-133 Authority and duties

The laws of the state and the county shall establish the authority and duties of the director.

(Ord. No. 1759, §4)

Part 11. Department of Resource Management

2-140 Office established

The office of the department of resource management is established.

(Ord. No. 1759, §4)

2-141 Position created

The position of the director of resource management is created.

(Ord. No. 1759, §4)

2-142 Appointment and compensation

(a) The board of supervisors shall appoint the director of resource management to serve at its will. The county administrator shall be responsible for oversight of the director. The director shall receive compensation and benefits as established by the board of supervisors.

(b) The director is appointed as the director of transportation and as the zoning administrator.

(Ord. No. 1759, §4)

2-143 Authority and duties

Government Code Sections 65100 and 65103 and all applicable federal, state and county laws shall establish the authority and duties of the department, including without limitation the administration of county parks and the functions of planning and land use and solid waste, building permitting and inspection and code compliance, environmental health, hazardous materials and sanitation. As assigned by the director, these responsibilities may be administered by a division head.

(Ord. No. 1759, §4)

Part 12. Department of Information Technology

2-150 Office established

The office of the department of information technology is established.

(Ord. No. 1759, §4)

2-151 Position created

The position of chief information officer is created, who shall be responsible for the oversight and provision of technological services for the county.

(Ord. No. 1759, §4)

2-152 Appointment and compensation

(a) The board of supervisors shall appoint the chief information officer to serve at its will. The county administrator shall be responsible for oversight of the chief information officer. The chief information officer shall receive compensation and benefits as established by the board of supervisors.

(b) The chief information officer is appointed as the registrar of voters.

(Ord. No. 1759, §4)

Part 13. County Free Library

2-160 Office established

The office of county free library is established.

(Ord. No. 1759, §4)

2-161 Position created

The position of county librarian is created, who is designated as the director of library services.

(Ord. No. 1759, §4)

2-162 Appointment and compensation

The board of supervisors shall appoint the director of library services as authorized by Education Code Section 19140. The director shall serve at the board of supervisors’ will to the extent permitted by law, in particular Education Code Section 19141. The director shall receive compensation and benefits as established by the board of supervisors.

(Ord. No. 1759, §4)

2-163 Qualifications

No person shall be appointed to the position of director unless that person possesses both of the following qualifications:

(a) Graduation from a graduate library school program accredited by the American Library Association.

(b) Demonstrated knowledge of principles and practices of public administration, including county government, and of the laws applicable to library service in the state.

(Ord. No. 1759, §4)

2-164 Powers and duties

The director shall, subject to the general rules adopted by the board of supervisors, build up and manage, according to accepted principles of library management, a library for the use of the people of the county, and shall determine what books and other library equipment shall be purchased.

(Ord. No. 1759, §4)

Part 14. Department of Child Support Services

2-170 Office established

The office of the department of child support services is established as a county department as authorized by Family Code Section 17304.

(Ord. No. 1759, §4)

2-171 Position created

The position of the director of child support services is created.

(Ord. No. 1759, §4)

2-172 Appointment and compensation

The board of supervisors shall appoint the director to serve at its will. The director shall receive compensation and benefits as established by the board of supervisors.

(Ord. No. 1759, §4)

2-173 Authority and duties

(a) The director shall administer the department and carry out general policies of the board of supervisors, and shall plan, organize, and direct all activities of the department in accordance with state and county laws and regulations.

(b) The director shall be responsible for promptly and effectively establishing, modifying and enforcing child support obligations, including medical support, enforcing spousal support orders established by a court of competent jurisdiction, and determining paternity in cases of child born out of wedlock, as specified in Family Code Section 17400, including all further responsibilities delegated to a local child support agency, pursuant to Division 17 (commencing with Family Code Section 17000). No other local agency shall have any authority over the department as to any function relating to its Title IV-D of the Federal Social Security Act obligations, as prescribed by Family Code Section 17303.

(Ord. No. 1759, §4)

Part 15. County Veterans Service Office

2-180 Office established

The office of county veterans service office is established.

(Ord. No. 1759, §4)

2-181 Position created

The position of veterans service officer is created, who is designated as the director of veterans services.

(Ord. No. 1759, §4)

2-182 Appointment and compensation

The board of supervisors shall appoint the director of veterans services to serve at its will. The director shall receive compensation and benefits as established by the board of supervisors.

(Ord. No. 1759, §4)

2-183 Authority and duties

The director shall have those powers and duties set forth in Military and Veterans Code Sections 970 through 974, and under all applicable federal, state and county law.

(Ord. No. 1759, §4)