California SCA 12: A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 4 of, and adding Sections 4.5 and 4.6 to, Article XI thereof, relating to counties.

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 |Add To My Favorites | Version: 06/27/17 - Amended Senate
 04/27/17 - Introduced

 SCA-12 Counties: governing body: county executive. (2017-2018)

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SCA12:v98#DOCUMENTBill Start

 Amended
 IN 
 Senate
 June 27, 2017

 CALIFORNIA LEGISLATURE—
 2017–2018 REGULAR SESSION

 Senate Constitutional Amendment

No. 12

Introduced by Senator Mendoza
(Principal coauthor: Senator Wilk)
(Coauthors: Senators Allen, Bradford, Galgiani, Hertzberg, Hill, Hueso, Leyva, and Wiener)

April 27, 2017

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 4 of, and adding Sections 4.5 and 4.6 to, Article XI thereof, relating to counties. 

LEGISLATIVE COUNSEL'S DIGEST

SCA 12, as amended, Mendoza.
 Counties: governing body: county executive. 

(1) The California Constitution requires that a county charter provide for a governing body of 5 or more members, elected by district, at large, or at large with a requirement that they reside in a district, and provide for the compensation, terms, and removal of members of the governing body. Existing law also requires a general law county to have a board of supervisors consisting of 5 members, and requires, except as provided, each member of the board of supervisors to be elected by the district which the member represents.

This measure would, commencing January 1, 2022, in a county that is found at a decennial United States census, beginning with the 2020 United States census, to have a population of more than 5,000,000, require, and deem any applicable law, including a county charter, to require, a governing body
 consisting of the greater of either 5 members or a sufficient number of members so as to ensure that each member represents a district containing a population equivalent to no more than 2 districts in the United States House of Representatives. The measure would require that the members of the governing body serve for a term of 4 years and limit election to the governing body to no more than 3 terms. The measure would also provide that, in such a county, the expenditures for the governing body and its staff may not exceed, for any subsequent fiscal year after the release of the census finding that the county has a population of more than 5,000,000, the amount that was allocated for the expenses of the governing body and its staff in the county’s adopted budget for the fiscal year in which that same census was conducted, unless adjusted as provided.

(2) The California Constitution additionally requires that a county charter provide for an elected sheriff, an elected district attorney, an elected assessor, and other officers.

This measure would require a county that is found at a decennial United States census, beginning with the 2020 United States census, to have a population of more than 5,000,000, to have an elected county executive. The measure would provide for the election of the county executive to a term of 6 years at a general election, and would limit election to that office to no more than 2 terms. The measure would require the county executive to appoint, supervise, and dismiss any appointed department head, and to appoint the members of county commissions, subject to confirmation by the governing body of the county. The measure would additionally require the county executive to develop and submit the county budget to the governing body, for approval or amendment by
 that body, and to approve, with or without line-item vetoes, the budget as transmitted back by the governing body.

(3) The California Constitution provides that charter counties are subject to statutes that relate to apportioning population of governing body districts.

This measure would recast this provision to provide that charter counties are subject to federal, state, and local laws that relate to apportioning population of governing body districts.

(4) This measure would also make other technical, nonsubstantive changes.

(5) This measure would declare that its provisions are severable. 

Digest Key

 Vote:
 2/3 
 Appropriation:
 NO 
 Fiscal Committee:
 NO 
 Local Program:
 NO 

Bill Text

WHEREAS, California’s counties are creations of the state and their governance is mandated by the California Constitution, and changes to certain aspects of their governance require amendment o