EL DORADO COUNTY CHARTER ARTICLE II BOARD OF SUPERVISORS
200. Governing Body.
The governing body of the county is a Board of Supervisors of five members elected by district.
201. Residence Requirements.
A candidate for election as supervisor shall be an elector in the district and shall have resided in the district prior to nomination for election. Once elected to the office of supervisor, a person shall remain a resident in the district in which they are elected or be deemed to have vacated the office.
202. Term of Offices.
The term of office of supervisor is four years. Board members shall be limited to two consecutive terms. No person elected supervisor may serve as such for more than two successive four year terms. Any person elected to the office of supervisor to complete in excess of two years of a four year term shall be deemed, for the purpose of this section, to have served one full term upon the expiration of that term. No person having served two successive four year terms may serve as a supervisor until at least four years after the expiration of the second successive term in office. Any supervisor who resigns with less than two full years remaining until the expiration of the term shall be deemed, for the purpose of this section, to have served a full four year term. The above shall not disqualify any person from running for election to the Board of Supervisors for any term or terms which are not successive. The term of office commences at noon on the first Monday after the January 1st succeeding their election.
The supervisor for each of the First, Second and Third Districts shall be elected in 1996. The supervisor for each of the Fourth and Fifth Districts shall be elected in 1994.
[Amended by Charter Amendment ratified November 8, 1994, effective December 27, 1994; Stats. 1994, ch. 18]
[Amended by Charter Amendment ratified November 4, 2004, effective December 14, 2004, Stats. 2004, ch.16]
203. Filling of Vacancies.
Whenever a vacancy occurs in the office of supervisor, the unexpired term shall be filled by election. If the vacancy occurs more than 90 days but less than 180 days before a scheduled primary, general, or special election, involving the district in which the vacancy has occurred, then the election to fill the vacancy shall be consolidated with the scheduled election. If the vacancy occurs more than 180 or less than 90 days before a scheduled primary, general, or special election involving the district in which the vacancy has occurred, then the vacancy shall be filled at a special election called by the Board of Supervisors to take place not less than 90 nor more than 180 days after the vacancy occurs. The special election shall be conducted in accordance with the provisions of general state law regarding special elections. The candidate with the highest number of votes shall be elected to fill the unexpired term.
[Amended by Charter Amendment ratified November 4, 2014, effective May 28, 2015, Stats.2015, ch.18]
204. Compensation.
Compensation of supervisors shall be fixed by ordinance.
205. Setting of Meetings.
The Board of Supervisors shall provide by ordinance for the frequency, manner and time of holding all regular and special meetings. The Board of Supervisors is encouraged to hold one meeting per calendar year in each supervisorial district.
[Amended by Charter Amendment ratified November 4,2004, effective December 14, 2004, Stats.2004, ch.16]
206. Election of Officers.
The Board of Supervisors, annually at the first meeting following the first Monday in January, shall elect a Chair, a Vice Chair and a Second Vice Chair. The Chair shall preside at all meetings. In the absence or inability to act of the Chair, the Vice Chair or Second Vice Chair shall act with all the authority of the Chair. The Board of Supervisors may adopt procedures governing the conduct of Board meetings and activities.
[Amended by Charter Amendment ratified November 4, 2014, effective May 28, 2015, Stats.2015, ch.19]
207. Quorum.
Three members of the Board shall constitute a quorum for the transaction of business. No act of the Board shall be valid unless at least three members are present and concur, except in those instances in which the general law of the state requires a higher vote, in which instances the general law shall prevail.
208. Ineligibility for Appointments.
No supervisor, during the term of office and for one year thereafter, shall be eligible for appointment to any El Dorado County office, position or employment for which a salary is paid. Salary does not include expense reimbursement.
209. Recall.
Any supervisor is subject to removal from office by recall.
210. Powers and Duties.
Except as provided for in subsection (c) herein below, the Board of Supervisors shall have all the powers and shall perform all the duties vested in it by the Constitution, general law, and this charter.
a. The Board shall:
(1) Adopt a statement of the goals of the county reflecting the quality and direction of the activities of county government for the enhancement of human and physical resources of the county. At least annually, prior to the end of the first quarter of the calendar year, the Board shall review the adopted goals and modify them as necessary.
(2) Appoint or remove the Chief Administrative Officer. At least once each year, the Board shall review and evaluate the Chief Administrative Officer's performance. The Board shall (1) review, and (2) accept, reject or modify all performance evaluations performed by the Chief Administrative Officer pursuant to section 304(h) of this charter.
(3) Appoint or remove members of boards and commissions. Except as otherwise provided for herein, or by superseding federal or state law, the members of all county boards and commissions shall serve at the pleasure of the Board of Supervisors. Except as otherwise provided for herein, non-elected department heads shall serve at the pleasure of the Board of Supervisors. Appoint, suspend, or remove all department heads except those for whose election or appointment this charter makes other provision. Appointments shall be made on the basis of executive and administrative qualifications as determined by screening and selection procedures comparable to those used for classified management personnel.
[Amended by Charter Amendment ratified June 2, 1998, effective July 29, 1998, Stats. 1998, Ch.2; Amended by Charter Amendment ratified November 4, 2004, effective December 14, 2004, Stats. 2004, ch. 16]
Appoint, suspend or remove all department heads except those for whose election or appointment this charter makes other provision. Appointments shall be made on the basis of executive and administrative qualifications as determined by screening and selection procedures comparable to those used for classified management personnel.
(4) Adopt the annual budget.
(5) Provide for the number, powers and duties of all appointed officers and employees.
(6) Establish by ordinance or resolution the compensation of other officers and employees.
(7) Provide for publication of the powers, duties, procedures and rules of operation of all county offices and departments and for public access to such publications.
(8) Take such measures as may be necessary to implement this charter.
(9) Adopt a uniform format that, as a minimum, shall provide for responses to findings and recommendations of reports of the Grand Jury pursuant to Section 933 et seq. of the Penal Code.
[Amended by Charter Amendment ratified June 2, 1998, effective July 29, 1998, Stats. 1998, ch.2]
(10) Adopt a policy as to financial participation paid by the county for its officers and employees in non-county organizations and require public disclosure of the cost to the county of such participation.
(11) At least once each year, the Board shall review and evaluate the County Counsel's performance.
[Added by Charter Amendment ratified November 7, 1995, effective January 26,1996, Stats. 1996, ch. 2]
(12) The Board of Supervisors shall adopt a policy and procedures for wide distribution of the Grand Jury Final Report and the Board of Supervisors Response to the Final Report.
[Added by Charter Amendment ratified June 2, 1998, effective July 29,1998, Stats. 1998, ch.2]
b. The Board may.
(1) Create, abolish, consolidate, segregate, assign or transfer the powers and duties of any appointive office, department, division, board or commission to the extent not in conflict with this charter.
(2) Consolidate, segregate, assign or transfer the powers and duties of any elective office or division thereof to the extent authorized by general law and not in conflict with this charter.
(3) Appoint, suspend and remove a Clerk of the Board of Supervisors.
(4) Require periodic or special report of expenditures and costs of operation, examine all records and accounts and inquire into the conduct of any office, commission, department or other entity to which the county contributes funds.
(5) Require the attendance of any officer or employee of the county at any meeting of the Board for the purpose of information, advice and assistance.
(6) Enter into contracts for the performance of work when the Board of Supervisors, or other awarding authority designated in accordance with statutory authority, finds that independent contractors can more economically and feasibly perform work than County employees, or that specially skills are not expressly identified in County classifications, or that the ongoing aggregate of work to be performed is not sufficient to warrant addition of permanent staff.
Notwithstanding the provisions of this section, the County may enter into any contract or agreement in cases of emergency; or with or among any other governmental entities or agencies; or contracts which, by legislative authority, mandate the service be performed by independent contractors; or contracts necessary to protect against conflicts of interest or ensure independent, unbiased findings.
The Board of Supervisors shall adopt an ordinance specifying criteria for entering into such contracts and specify when competitive bidding procedures for the award of such contracts shall be required.
[Amended by Charter Amendment ratified June 2, 1998, effective July 29, 1998, Stats. 1998, ch.2]
[Added by Charter Amendment ratified November 8, 1994, effective December 27, 1994, Stats. 1994, ch.18]
[Amended by Charter Amendment ratified June 2, 1998, effective July 29, 1998, Stats. 1998, ch.2]
[Added by Charter Amendment ratified November 7, 1995, effective January 26, 1996, Stats. 1996, ch. 2]
[Section 210(d) repealed by Charter Amendment ratified November 4, 2014, effective May 28, 2015, Stats. 2015, ch. 20]
211. Communications with Employees
Board of Supervisors' directions, recommendations or instructions to boards, commissions, department heads, or officers shall be by formal Board action. This section does not limit an individual Supervisor's right to obtain information or request advice or assistance in accordance with normal operating policies.