Title 2 ADMINISTRATION
Chapter 2.01 INTERIM GOVERNANCE STRUCTURE
2.01.010 Statement of intent and definition.
2.01.020 Oversight of department heads.
2.01.030 Appointment of department heads.
2.01.040 Evaluation and removal of department heads.
2.01.050 Non-intrusion.
2.01.060 Limitation upon authority.
2.01.070 Sunset date.
2.01.010 Statement of intent and definition.
A. It is the intent of the board of supervisors in enacting this chapter
to establish a new, interim, system of administrative governance for the county
in which the board of supervisors delegates the responsibility for general
administration, including responsibilities for the oversight, evaluation, and
recommendation for appointment and removal of specified department heads and
officers of the county, to the chief administrative officer. It is also the
intent of the board of supervisors to submit to the voters for approval at an
election in 2008 amendments to the charter which, if approved, will make
permanent a governance structure similar to that described in this chapter. Upon
approval of such a charter amendment, this code will be extensively amended to
permanently reflect the new structure. Until such time as this interim ordinance
sunsets, is extended or otherwise amended, it is the intent of the board of
supervisors that the provisions of this chapter prevail over any inconsistent
provisions of this code.
B. As used in this chapter, the term
“department head” means those persons identified in section
2.02.190, except those persons identified in paragraphs G., H., and I. of said
section.
C. Nothing in this chapter is intended to change the reporting
relationship of the Department of Museum of Art or the Department of Natural
History Museum or of any county commission. Each county commission shall
continue to report to the board of supervisors and/or any county officer or
employee specified in the resolution or ordinance adopted or other action taken
by the board of supervisors relating to said commission. (Ord. 2007-0048 §
1 (part), 2007.)
2.01.020 Oversight of department heads.
Pursuant to article I, section 2 of the charter, the board of supervisors
designates the chief administrative officer as its agent and officer, and
delegates to him or her the responsibility for the administrative oversight of
all non-elected county departments heads, with the exception of the chief
administrative officer, the county counsel, the auditor-controller, the
executive officer of the board of supervisors, and the fire chief. In
furtherance of the administrative oversight responsibilities, any section of
this code which requires a non-elected department head other than the chief
administrative officer, the county counsel, the auditor-controller, the
executive officer of the board of supervisors, or the fire chief to report to or
be directed by the board of supervisors, is superceded by this chapter.
Hereafter, said non-elected department heads other than the county counsel, the
auditor-controller, the executive officer of the board of supervisors, and the
fire chief shall report to and take direction from the chief administrative
officer. All other duties of department heads as provided in this code, when not
in conflict with this section, remain the same. (Ord. 2007-0048 § 1 (part),
2007.)
2.01.030 Appointment of department heads.
A. Pursuant to article I, section 2 of the charter, the board of
supervisors designates the chief administrative officer as its agent and
officer, and delegates to him or her administrative authority to recruit
candidates for all non-elected department head positions, with the exception of
the chief administrative officer, the county counsel, the auditor-controller,
the executive officer of the board of supervisors, and the fire chief. After the
recruitment process is complete, the chief administrative officer will propose
one candidate to the board of supervisors for approval. If the board of
supervisors rejects the recommendation, or fails to approve the recommendation
within 30 days of submission, the chief administrative officer will propose
another candidate in the same manner, unless otherwise directed by the board of
supervisors.
B. All reporting requirements of the director of human
resources with regard to the appointment of department heads other than the
chief administrative officer, the county counsel, the auditor-controller, the
executive officer of the board of supervisors, and the fire chief are superceded
by this section. For the chief administrative officer, the county counsel, the
auditor-controller, the executive officer of the board of supervisors, and the
fire chief, the director of human resources shall continue to report to and take
direction directly from the board of supervisors. (Ord. 2007-0048 § 1
(part), 2007.)
2.01.040 Evaluation and removal of department heads.
Pursuant to article I, section 2 of the charter, the board of supervisors
designates the chief administrative officer as its agent and officer, and
delegates to him or her administrative authority to evaluate and recommend
removal, with or without cause, of all non-elected department heads, with the
exception of the chief administrative officer, the county counsel, the
auditor-controller, the executive officer of the board of supervisors, and the
fire chief. In the event that the chief administrative officer determines that
any such department head should be removed, he or she will recommend such action
to the board of supervisors, and the board of supervisors shall act on the
recommendation within 30 days. For the positions of chief administrative
officer, county counsel, auditor-controller, executive officer of the board of
supervisors, and fire chief, the power to evaluate and remove said officers
remains with the board of supervisors. (Ord. 2007-0048 § 1 (part),
2007.)
2.01.050 Non-intrusion.
Except as otherwise provided in this chapter, the board of supervisors, as
governing board of the county, retains full authority to take any and all
official action for the governance of the county. However, no individual member
of the board of supervisors, nor any deputy or assistant to any member of the
board of supervisors, shall give orders to or instruct any county officer or
employee, but may seek information and/or seek assistance from county officers
and employees. (Ord. 2007-0048 § 1 (part), 2007.)
2.01.060 Limitation upon authority.
No provision of this chapter is intended to vest in the chief
administrative officer any duty, or grant to him or her any authority, which
pursuant to law is required to be performed by the board of supervisors. (Ord.
2007-0048 § 1 (part), 2007.)
2.01.070 Sunset date.
The provisions of this chapter shall expire upon the certification of the
results of the election at which a charter amendment that will make permanent a
governance structure substantially similar to that set forth in this ordinance
is presented to the voters. (Ord. 2007-0048 § 1 (part), 2007.)
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