USA > California > Alameda County > History of Alameda County, California. Volume I > Part 47
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541
HISTORY OF ALAMEDA COUNTY
County Officers Other Than Supervisors
Sec. 15: The elective County officers other than the members of the Board of Supervisors shall be :
Auditor
Assessor
District Attorney
Sheriff
Superintendent of Schools
Treasurer
Sec. 16: All elective officers shall be nominated and elected at the time and in the manner and for the terms now or hereafter provided by general law.
Sec. 17: The appointive County officers shall be :
Board of Education, Members of
Board of Law Library Trustees, Members of
Civil Service Commission, Members of
Coroner
County Clerk
Fish and Game Warden
Health Officer
Horticultural Commissioner
License Collector
Live Stock Inspector
Probation Committee, Members of
Probation Officer
Public Administrator
Public Defender
Purchasing Agent
Recorder Surveyor Tax Collector
Such other officers as are not mentioned in Section 15 hereof.
Such other officers as may be hereafter provided by law shall also be appointive. The Tax Collector shall be ex-officio License Collector.
Sec. 18: The Members of the Probation Committee and the Probation Officer, and the members of the Board of Law Library Trustees shall be appointed in the manner and for the terms now or hereafter provided by general law.
Sec. 19: All officers, boards and commissions to whom fees are paid for the performance of official duties, and all officers or employees collecting or receiving any moneys pertaining to or for the use of the County, shall make regular monthly settlements and accounts of their collections. Such moneys shall be transmitted or paid to the Treasurer daily, and the Treasurer and the Auditor shall credit such officer or employee with the amount so paid. Such officer or employee shall upon his regular monthly settlement be credited with all amounts so paid to the Treasurer and not included in his previous settlements.
Sec. 20: Whenever a vacancy occurs in an elective County office, other than a member of the Board of Supervisors, the Board of Supervisors shall fill such vacancy, and the appointee shall hold office until the election and qualification of his successor. In such case there shall be elected at the next general election an officer to fill such vacancy for the unexpired term, unlsss such term expires on the first Monday after the first day of January succeeding said election.
Township Officers
Sec. 21 : In each township there shall be as many Justices of the Peace as are, or may be hereafter provided by general law, and not more than one Constable for
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HISTORY OF ALAMEDA COUNTY
therefor by the County, district, or division for such purposes, respectively, by the issuance and sale by the County of bonds of the County, district or division, and the expenditure of the proceeds of the sale of such bonds, and for levying and collecting taxes against the property of the County, district or division, as the case may be, for the payment of the principal and interest of such indebtedness at maturity; pro- vided that any such indebtedness shall not be incurred without the assent of two- thirds of the qualified electors of the County, district or division, as the case may be, voting at an election held for that purpose, nor unless before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also for a sinking fund for the payment of the principal thereof on or before maturity which shall not exceed forty years from the time of contracting the same; and the procedure for voting, issuing and selling such bonds, except, in so far as the same shall be otherwise prescribed in this Charter, shall conform to general laws for the authorizing and incurring of bonded indebtedness by counties so far as applicable ; provided further, that the construction, care, maintenance, repair and supervision of roads, highways, tunnels, viaducts, conduits, subways, and bridges for which aid from the State is granted, shall be subject to such regulations and conditions as inay be imposed by the Legislature.
Sec. 32: The County Surveyor, subject to such rules and regulations as shall be prescribed by the Board of Supervisors, shall have direction and control over all work construction, maintenance, and repair of roads, highways, tunnels, viaducts, conduits, subways and bridges. He shall also have the control and management of all County rock quarries and gravel pits, and of all other materials, property and instrumentalities necessary for, and connected with the construction, mainten- ance and repair of roads, highways, tunnels, viaducts, conduits, subways, and bridges, and shall exercise all the powers conferred by law upon road commis- sioners, or highway engineers.
Civil Service
Sec. 33: There is hereby created a Civil Service Commission consisting of three electors of the County, each of whom shall have been a resident of the County for five years next preceding his appointment, and his name shall be upon the County Assessment Roll at the time thereof. The Board of Supervisors shall, within two weeks after this Charter shall take effect, appoint three electors of the County as members of the Commission to take office as soon as appointed and qualified, one to serve until the first Monday after the first day in January, 1929, at noon, one to serve until the first Monday after the first day in January, 1931, at noon, and one until the first Monday after the first day in January, 1933, at noon.
Before the first Monday in January in each alternate year after 1927, the Board of Supervisors shall appoint one person as the successor of the Commissioner whose term shall then expire, to serve for six years. Any vacancy in the office of Com- missioner shall be filled by the Board of Supervisors for the unexpired term. Each Commissioner shall serve until his successor is appointed and qualified. No com- missioner shall hold any other salaried County office.
The Board of Supervisors by a four-fifths vote of all the members may remove a Commissioner during his term of office, but only upon stating in writing the reasons for such removal, and allowing him an opportunity to be publicly heard in his own defense. The Commission shall elect one of its members president.
Sec. 34: Each Commissioner shall receive a compensation of Ten Dollars for each meeting of the Commission attended by him, not to exceed five meetings in any calendar month. The Commission shall appoint a Chief Examiner, and such other employees as it may deem necessary. The Chief Examiner shall act as secretary.
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HISTORY OF ALAMEDA COUNTY
Sec. 35: The Civil Service of the County is hereby divided into the unclassi- fied and the classified service. The unclassified service shall include :
(a) All officers elected by the people, and their Chief Deputies.
(b) All assistants, deputies and other employees in the office of the District Attorney.
(c). Not to exceed six confidential deputies in the office of the Sheriff.
(d) All appointive boards and commissions.
(e) Members of the County Board of Education.
(f) Law Library Trustees.
(g) Members of the Civil Service Commission.
(h) All persons serving the County without compensation.
The classified service shall comprise all positions not specifically included by this Charter in the unclassified service, provided that in the case of a vacancy re- quiring peculiar and exceptional qualifications of a scientific, professional or ex- pert character, upon satisfactory evidence that competition is impracticable, and that the position can best be filled by the selection of a person of recognized attain- ments, competitive examinations may be suspended, but no such suspension shall be general in its application to such position, and all such cases of suspension shall be reported by the Commission, together with the reasons therefor, to the Board of Supervisors.
Sec. 36: It shall be the duty of the Civil Service Commission :
(a) To provide for the standardization and classification of all positions in the classified civil service. This classification into groups and subdivisions shall be based upon, and graded according to the duties and responsibilities of such positions, and shall be so arranged as to permit the filling of the higher grades through promotion. All salaries shall be uniform for like service in each grade of the classified civil service as the same shall be classified and standardized by the Commission. No such standardization or classification of salaries shall become final until approved by the Board of Supervisors in the annual appropriation ordi- nance, and no such salaries shall be paid except in accordance with such standardiza- tion and classification. The Board of Supervisors shall not approve of any such standardization or classification of salaries until at least thirty days after it shall have been submitted to the Board of Supervisors by the Commission. For the pur- pose of making the initial standardization and classification, the Board of Super- visors, upon request of the Commission, shall furnish to the Commission such assistance as may be necessary.
(b) To prepare and hold open competitive examinations in order to test the relative fitness of all applicants for appointment to the classified civil service. At least ten days' notice shall be given of such examinations.
(c) To provide a period of probation not to exceed six months, before appoint- ment or promotion is made complete, during which period a probationer may be discharged or reduced.
Sec. 37: Whenever a position in the competitive classified civil service is to be filled, the appointing authority shall notify the Commission of that fact, and the Commission shall certify the names and addresses of the three candidates standing highest on the eligible list for the class or grade to which such position belongs, and the appointing authority shall appoint to such position one of the three persons certified to him.
Sec. 38: All appointive officers and employees of the County or any subdi- vision thereof at the time this Charter shall take effect, and who shall have been such for the six months prior thereto, whose positions this Charter includes in the classified civil service, and copyists in the office of the County Recorder at the time this Charter shall take effect, and who shall have been such for the six months prior thereto, shall hold their positions until discharged, reduced, promoted, or transferred, in accordance with the provisions of this Charter relating to civil
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HISTORY OF ALAMEDA COUNTY
therefor by the County, district, or division for such purposes, respectively, by the issuance and sale by the County of bonds of the County, district or division, and the expenditure of the proceeds of the sale of such bonds, and for levying and collecting taxes against the property of the County, district or division, as the case may be, for the payment of the principal and interest of such indebtedness at maturity; pro- vided that any such indebtedness shall not be incurred without the assent of two- thirds of the qualified electors of the County, district or division, as the case may be, voting at an election held for that purpose, nor unless before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also for a sinking fund for the payment of the principal thereof on or before maturity which shall not exceed forty years from the time of contracting the same; and the procedure for voting, issuing and selling such bonds, except, in so far as the same shall be otherwise prescribed in this Charter, shall conform to general laws for the authorizing and incurring of bonded indebtedness by counties so far as applicable; provided further, that the construction, care, maintenance, repair and supervision of roads, highways, tunnels, viaducts, conduits, subways, and bridges for which aid from the State is granted, shall be subject to such regulations and conditions as may be imposed by the Legislature.
Sec. 32: The County Surveyor, subject to such rules and regulations as shall be prescribed by the Board of Supervisors, shall have direction and control over all work construction, maintenance, and repair of roads, highways, tunnels, viaducts, conduits, subways and bridges. He shall also have the control and management of all County rock quarries and gravel pits, and of all other materials, property and instrumentalities necessary for, and connected with the construction, mainten- ance and repair of roads, highways, tunnels, viaducts, conduits, subways, and bridges, and shall exercise all the powers conferred by law upon road commis- sioners, or highway engineers.
Civil Service
Sec. 33: There is hereby created a Civil Service Commission consisting of three electors of the County, each of whom shall have been a resident of the County for five years next preceding his appointment, and his name shall be upon the County Assessment Roll at the time thereof. The Board of Supervisors shall, within two weeks after this Charter shall take effect, appoint three electors of the County as members of the Commission to take office as soon as appointed and qualified, one to serve until the first Monday after the first day in January, 1929, at noon, one to serve until the first Monday after the first day in January, 1931, at noon, and one until the first Monday after the first day in January, 1933, at noon.
Before the first Monday in January in each alternate year after 1927, the Board of Supervisors shall appoint one person as the successor of the Commissioner whose term shall then expire, to serve for six years. Any vacancy in the office of Com- missioner shall be filled by the Board of Supervisors for the unexpired term. Each Commissioner shall serve until his successor is appointed and qualified. No com- missioner shall hold any other salaried County office.
The Board of Supervisors by a four-fifths vote of all the members may remove a Commissioner during his term of office, but only upon stating in writing the reasons for such removal, and allowing him an opportunity to be publicly heard in his own defense. The Commission shall elect one of its members president.
Sec. 34: Each Commissioner shall receive a compensation of Ten Dollars for each meeting of the Commission attended by him, not to exceed five meetings in any calendar month. The Commission shall appoint a Chief Examiner, and such other employees as it may deem necessary. The Chief Examiner shall act as secretary.
545
HISTORY OF ALAMEDA COUNTY
Sec. 35: The Civil Service of the County is hereby divided into the unclassi- fied and the classified service. The unclassified service shall include :
(a) All officers elected by the people, and their Chief Deputies.
(b) All assistants, deputies and other employees in the office of the District Attorney.
(c) Not to exceed six confidential deputies in the office of the Sheriff.
(d) All appointive boards and commissions.
(e) Members of the County Board of Education.
(f) Law Library Trustees.
(g) Members of the Civil Service Commission.
(h) All persons serving the County without compensation.
The classified service shall comprise all positions not specifically included by this Charter in the unclassified service, provided that in the case of a vacancy re- quiring peculiar and exceptional qualifications of a scientific, professional or ex- pert character, upon satisfactory evidence that competition is impracticable, and that the position can best be filled by the selection of a person of recognized attain- ments, competitive examinations may be suspended, but no such suspension shall be general in its application to such position, and all such cases of suspension shall be reported by the Commission, together with the reasons therefor, to the Board of Supervisors.
Sec. 36: It shall be the duty of the Civil Service Commission :
(a) To provide for the standardization and classification of all positions in the classified civil service. This classification into groups and subdivisions shall be based upon, and graded according to the duties and responsibilities of such positions, and shall be so arranged as to permit the filling of the higher grades through promotion. All salaries shall be uniform for like service in each grade of the classified civil service as the same shall be classified and standardized by the Commission. No such standardization or classification of salaries shall become final until approved by the Board of Supervisors in the annual appropriation ordi- nance, and no such salaries shall be paid except in accordance with such standardiza- tion and classification. The Board of Supervisors shall not approve of any such standardization or classification of salaries until at least thirty days after it shall have been submitted to the Board of Supervisors by the Commission. For the pur- pose of making the initial standardization and classification, the Board of Super- visors, upon request of the Commission, shall furnish to the Commission such assistance as may be necessary.
(b) To prepare and hold open competitive examinations in order to test the relative fitness of all applicants for appointment to the classified civil service. At least ten days' notice shall be given of such examinations.
(c) To provide a period of probation not to exceed six months, before appoint- ment or promotion is made complete, during which period a probationer may be discharged or reduced.
Sec. 37: Whenever a position in the competitive classified civil service is to be filled, the appointing authority shall notify the Commission of that fact, and the Commission shall certify the names and addresses of the three candidates standing highest on the eligible list for the class or grade to which such position belongs, and the appointing authority shall appoint to such position one of the three persons certified to him.
Sec. 38: All appointive officers and employees of the County or any subdi- vision thereof at the time this Charter shall take effect, and who shall have been such for the six months prior thereto, whose positions this Charter includes in the classified civil service, and copyists in the office of the County Recorder at the time this Charter shall take effect, and who shall have been such for the six months prior thereto, shall hold their positions until discharged, reduced, promoted, or transferred, in accordance with the provisions of this Charter relating to civil
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HISTORY OF ALAMEDA COUNTY
service. All employees now authorized by law to be employed in any County office for a portion of each year, who shall have been in the employ of the County for two successive seasons immediately prior to the time this Charter shall take effect, shall be included in the classified civil service, and be eligible for appointment to such seasonal positions without examination.
Sec. 39: Any person who has engaged in the military or naval service of the United States during a war as defined in Section 3612 of the Political Code of California and who has been honorably discharged from such service, or has been released from active duty under honorable conditions, who shall enter a competitive examination shall be given a preferential credit of five per centum of the maximum rating for such examination, which added to his rating on such examination shall constitute his total rating.
Sec. 40: Any officer or employee in the classified civil service may be removed, suspended or reduced in rank or compensation by the appointing authority, after appointment or promotion is complete, by an order in writing stating specifically the reasons therefor. Said order shall be filed with the Civil Service Commission and a copy thereof shall be furnished to the person to be removed, suspended or reduced. Such employee may reply in writing to said order within ten days from the date of filing said order with the Civil Service Commission. Any person re- moved, suspended or reduced in rank or compensation may, within five days after presentation to him of the order of removal, suspension or reduction as hereinabove provided, appeal to the Civil Service Commission from such order. The Commis- sion shall within two weeks from the filing of said appeal, commence the hearing thereof, and shall thereupon fully hear and determine the matter, and either affirm, modify or revoke such order. The appellant shall be entitled to appear personally. produce evidence, and to have counsel and a public hearing. The finding and decision of the Commission shall be certified to the official from whose order the appeal is taken, and shall forthwith be enforced and followed by him.
Sec. 41: No officer or employee of the County in the classified civil service shall directly or indirectly make, solicit or receive, or be in any manner concerned in making, soliciting or receiving any assessment, subscription, or contribution for any political party or any political purpose whatsoever. No person holding a position in the classified civil service shall take any part in political management or affairs in any political campaign or election, or in any campaign to adopt or reject any initiative or referendum measure other than to cast his vote or to privately express his opinion. Any employee violating the provisions of this section may be removed from office.
Sec. 42: The Commission, for the purpose of carrying into effect the civil service provision of this Charter, shall have power to investigate the conduct and operation of any department or board, and to subpoena and require the attendance of witnesses and the production of books and papers, and to administer oaths. Any person failing to obey its subpoena or refusing to testify or produce books, or papers required of him shall be deemed to be in contempt, and the Commission shall have power to take such proceedings in the punishment thereof as may be taken by boards of supervisors as provided by the laws of the State of California.
Sec. 43: The Commission shall have power to adopt such rules as may be necessary and proper for the enforcement of the foregoing provisions of this Charter.
Sec. 44: No person in the classified civil service or seeking admission thereto, shall be appointed, reduced or removed, or in any way favored or discriminated against because of his political or religious opinions or affiliations.
Sec. 45: If any portion of this Charter relating to civil service should be held to be unconstitutional, the Board of Supervisors shall, by ordinance, provide for a civil service of the County, prescribe the duties of the Civil Service Commis- sion, and such civil service rules and regulations as they shall deem proper to
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HISTORY OF ALAMEDA COUNTY
govern the appointment of any and all officers, assistants, deputies, clerks, attaches, and other persons to be employed in the several offices and institutions of the County.
Labor
Sec. 46: In the employment of persons in the service of the County where sex does not actually disqualify, and where the quality and quantity of service is equal, there shall be no discrimination in selection or compensation on account of sex.
Sec. 47: Eight hours shall constitute a day's work for mechanics and others engaged in manual labor in the service of the County.
Sec. 48: In fixing compensation, the Board of Supervisors shall in each in- stance provide a salary or wage at least equal to the prevailing salary or wage, for the same quality of service rendered to private persons, firms or corporations under similar employment, in case such prevailing salary or wage can be ascertained.
Budget
Sec. 49: On or before the first Monday in July of each year every Depart- ment, Office, Court, District, Board and Commission of the County shall file with the Auditor an estimate in writing of the amount of expenditures specifying in detail the objects thereof required in such Department, Office, Court, District, Board or Commission, for the current fiscal year, including a statement of all salaries.
Sec. 50: On or before the first Monday in August of each year the Auditor shall transmit to the Board of Supervisors a budget in writing containing an esti- mate of the expenditures of the County for the current fiscal year as determined by the reports filed as required by the preceding section. Said budget shall include an estimate of the probable revenue of the County exclusive of taxes upon property, classified in detail according to sources; a statement of the amounts necessary to meet the interest and principal of all bonded indebtedness and the following in- formation arranged in parallel columns :
(a) Detailed estimate of the expense of conducting each Department, Office, Court, District, Board and Commission as transmitted to him by the respective Departments, Offices, Courts, Districts, Boards and Commissions.
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