ARTICLE IV - DEPARTMENT HEADS, BOARDS AND COMMISSIONS
401. Powers and Duties.
Department heads, boards and commissions shall have all the powers and shall perform all the duties vested in them by this charter, by ordinance, and by general law when not in conflict with this charter or with ordinances adopted pursuant to this charter. All department heads and officers of the county, both elected and appointed, shall cooperate with the Chief Administrative Officer so that the Chief Administrative Officer may achieve complete coordination of all county activities.
402. Elected Department Heads.
The electors of the county may by majority vote and pursuant to general law:
a. Exercise the powers of initiative and referendum.
b. Recall an elected officer who has held office for six months.
c. Amend, revise or repeal this charter. The general law regarding adopting, amending, revising or repealing a charter apply except as follows:
If a majority of the electors voting at a general or special election vote in favor of the proposed charter or revised charter, it is deemed ratified and it takes effect when filed with the Secretary of State.
An amendment to an existing charter, or the repeal of an existing charter, may be proposed either by the Board of Supervisors or by a petition signed by at least 10% of the electors who voted at the last gubernatorial election. The amendment or repeal is placed before the voters at the next general or special Countywide election. Alternatives may be voted on at the same election. If a majority of the electors voting at the election vote in favor of the amendment or repeal, it is deemed ratified and takes effect when filed by the Secretary of State.
If the provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.
403. County Counsel.
The Board of Supervisors shall appoint a County Counsel who shall have the same duties as a County Counsel appointed under the general law. The County Counsel shall serve for four years from the time of appointment. The four year term shall commence eighteen (18) months after each Presidential election. In the event that a vacancy occurs during a term, the Board of Supervisors shall promptly fill that vacancy for the remainder of the term. The Board of Supervisors may appoint an interim County Counsel for up to six (6) months while it is selecting a new County Counsel to fill the vacancy.
During a term, the County Counsel may be removed from office in the same manner as provided for under general law.
County Counsel shall not be entitled to the expectation of successive appointments. At least ninety (90) days prior to the end of a term, the Board of Supervisors shall notify the incumbent County Counsel if he or she will be appointed to a successive term. If such notification is given, the successive term will commence immediately upon completion of the prior term.
[Amended by Charter Amendment ratified November 4,2004, effective December 14, 2004, Stats.2004, ch.16]
404. Appointed Department Heads.
The position of department head shall be designated by ordinance. Department heads serve at the pleasure of their appointing authority, the Board of Supervisors. Department heads shall have and may delegate the power to appoint, supervise, suspend and remove all persons employed in their departments subject to the provisions of Article V. of this charter.
[Amended by Charter Amendment ratified November 7, 1995, effective January 26, 1996; Stats. 1996, ch. 2]
405. Boards and Commissions.
County boards and commissions are those required by general law and those established by the Board of Supervisors by ordinance.
Members of all boards and commissions shall be county residents to the extent permitted by law. If a member required to be a resident ceases to reside in the county, the seat becomes vacant.
Whenever the county is required to, or invited to nominate or appoint a person to a board, commission, committee or other body, other than those established by El Dorado County, the jurisdiction of which affects only a region of the county, then the Board of Supervisors shall nominate or appoint a person who resides in that affected region. In the alternative, the Board of Supervisors may fill the position with a member of the Board whose district includes the affected region.
The Board of Supervisors, by ordinance, shall establish terms of office, conditions for removal from office, and may provide for the qualifications of members of boards and commissions and for their compensation.
406. Vacancies.
The Board of Supervisors shall provide for public notice of vacancies on boards and commissions and of the method by which citizens may apply for appointments.
If a vacancy occurs in an elective office other than the Board of Supervisors, the Board shall fill it as provided by general law. The appointee shall hold office until the next general election.
407. Agriculture Commissioner/Sealer of Weights & Measures.
The offices of Agricultural Commissioner and Sealer of Weights & Measures are consolidated. The appointment and employment of the Agriculture Commissioner shall be as provided for by general law.
[Amended by Charter Amendment ratified November 8, 1994, effective December 27, 1994; Stats. 1994, ch. 18]
408. Probation Officer.
The appointment and employment of the Probation Officer shall be as provided for by general law.
[Added by Charter Amendment ratified November 8, 1994, effective December 27, 1994; Stats. 1994, ch. 18]