Title 2 ADMINISTRATION
Chapter 2.52 TREASURER-TAX COLLECTOR*
2.52.010 Creation--Name.
2.52.015 Continuation of department and position names.
2.52.016 References to earlier department or office.
2.52.020 Treasurer--Appointment and authority.
2.52.025 Investment authority--Investment guidelines.
2.52.030 Treasurer--Duties generally.
2.52.040 Treasurer--Additional duties.
2.52.045 Qualifications--Continuing education.
2.52.050 Treasurer--Duties as court trustee.
2.52.060 Treasurer--Court trustee service fee.
2.52.070 Treasurer--Collection of incarceration costs.
2.52.075 Emergency response reimbursement.
2.52.080 Treasurer--Presentence investigation fees for Vehicle Code violations.
2.52.085 Treasurer-tax collector--Returned property tax payment checks--Fee.
2.52.086 Treasurer-tax collector--Dishonored credit card property tax payment--Fee.
*
Editor’s note: The following
ordinance provisions comprised Chapter 2.52 before its entire amendment by Ord.
84-0050: Ord. 4099 Art. III §§ 20901--20905; Ord. 11358; Ord. 11717;
Ord. 82-0009; Ord. 82-0226 § 1, 1982; Ord. 83-0056. While these regulations
remain in effect, they have been omitted from history notes.
2.52.010 Creation--Name.
There is created a department of the county of Los Angeles, which
shall be known as the “treasurer-tax collector,” hereafter referred
to in this chapter as the “department.” (Ord. 84-0050 § 1
(part), 1984.)
2.52.015 Continuation of department and position names.
There is continued a department of the county of Los Angeles known
as the “department of the treasurer-tax collector” (hereinafter
referred to in this chapter as “department”). The department of
public administrator is hereby merged into the department of treasurer-tax
collector and the position of treasurer-tax collector is hereby continued. (Ord.
87-0162 § 2 (part), 1987.)
2.52.016 References to earlier department or office.
Whenever in any board order or resolution, ordinance, contract, or
document, any reference is made to the public administrator or to the department
of public administrator or public administration, such reference shall be deemed
to mean the treasurer-tax collector or the department of treasurer-tax
collector, respectively. (Ord. 87-0162 § 2 (part), 1987.)
2.52.020 Treasurer--Appointment and authority.
The department shall be under the direction and management of the
treasurer-tax collector, hereafter referred to in this chapter as the
“treasurer,” who shall be appointed by the board. The treasurer
shall appoint all employees of the department. (Ord. 84-0050 § 1 (part),
1984.)
2.52.025 Investment authority--Investment guidelines.
A. The board of supervisors hereby delegates to the treasurer the
authority to invest and reinvest the funds of the county and the funds of other
depositors in the county treasury pursuant to Chapter 4 (commencing with Section
53600) of Part 1 of Division 2 of Title 5 of the Government
Code.
B. Annually the treasurer shall prepare an investment policy which
includes all of the following:
1. A list of securities or other instruments
in which the county treasury may invest, according to law, including the maximum
allowable percentage by type of security;
2. The maximum term of any
security purchased by the county treasury;
3. The criteria for selecting
security brokers and dealers from, to, or through whom the county treasury may
purchase or sell securities or other instruments. The criteria shall prohibit
the selection of any broker, brokerage, dealer, or securities firm that has,
within any consecutive 48-month period following January 1, 1996, made a
political contribution in an amount exceeding the limitations contained in Rule
G-37 of the Municipal Securities Rulemaking Board, to any member of the board of
supervisors, or any candidate for those offices;
4. Limits on the receipt of
honoraria, gifts, and gratuities from advisors, brokers, dealers, bankers, or
other persons with whom the county treasury conducts business. Such limits may
be in addition to any other limits set by the county, by state law, or by the
Fair Political Practices Commission;
5. A requirement that the treasurer
provide the county treasury oversight committee with an investment report as
required by the board of supervisors;
6. The manner of calculating and
apportioning the costs, authorized by Section 27013 of the Government Code, of
investing, depositing, banking, auditing, reporting, or otherwise handling or
managing funds;
7. The terms and conditions under which local agencies and
other entities that are not required to deposit their funds in the county
treasury may deposit funds for investment purposes;
8. Criteria for
considering requests to withdraw funds from the county treasury. The criteria
shall include an assessment of the effect of a proposed withdrawal on the
stability and predictability of the investments in the county treasury. (Ord.
96-0007 § 1, 1996.)
2.52.030 Treasurer--Duties generally.
The duties of the treasurer are prescribed in the Government Code,
Sections 27000 through 27121. The duties of the tax collector are outlined in
the Government Code, Sections 27400 through 27401 and in the Revenue and
Taxation Code, Section 2602. The duties of the public administrator are
described in the Probate Code, Sections 1140 through 1155, and in the Government
Code, Sections 27440 through 27443.5. (Ord. 87-0162 § 3, 1987: Ord. 84-0050
§ 1 (part), 1984.)
2.52.040 Treasurer--Additional duties.
Under the direction and supervision of the board and subject to its
direction, the additional duties of the treasurer shall be as follows:
A. To
provide centralized collection services for delinquent accounts receivable to
all county departments except for the department of health services. The
director of the department of health services shall provide collection services
for delinquent accounts receivable arising from the provision of medical care in
county medical and health facilities as set forth in Section 2.76.045;
B. To
develop and maintain centralized billing and collection systems for county
departments and functions except for the department of health services. The
director of the department of health services shall develop and maintain a
billing and collection system as to delinquent accounts receivable arising from
the provision of medical care in county medical and health facilities as set
forth in Section 2.76.045;
C. To develop a uniform collection program and
make recommendations to the board of supervisors for the consolidation of the
collection functions of the various county departments, the Superior Court and
municipal courts, and other districts or entities into one centralized activity
designed to maximize the utilization of personnel, intensify collection efforts,
and eliminate redundant and nonproductive activities;
D. To monitor, collect
and provide cash management controls on all revenue due the county for state and
federal grant and subvention programs, and contract city services;
E. To
work with county departments and the chief administrative office to ensure that
all potential revenue areas are considered; and to develop appropriate systems
to handle county revenue collections;
F. To develop a centralized and
automated recordkeeping system for delinquent accounts, except for delinquent
accounts arising from the provision of medical care in county medical and health
facilities, which authority shall vest in the director of the department of
health services pursuant to Section 2.76.045;
G. In cooperation with the
chief administrative office and auditor-controller, to develop, communicate and
monitor cash management policies and remittance processing systems for all
county departments, as they relate to the timely deposit of funds into the
county treasury pool;
H. With assistance of the auditor-controller, to
inspect, review and appraise the handling of cash deposits by all county
departments and to determine county departments’ compliance with cash
management policy, applicable laws, regulations and activities;
I. To work
with county operating departments to revise and update their cash management and
collections procedures and assure that all revenue due the county is billed and
collected and to determine and approve all acceptable media of payment for any
obligation owing to the county; this shall include monitoring of departmental
cash management, billing and collection activities to assure compliance with
cash management, billing and collection policy, applicable laws and
regulations;
J. To suspend collection efforts on delinquent accounts which
he deems to be uncollectible, except for tax and license accounts;
K. To
write off delinquent accounts deemed uncollectible, within board-approved
guidelines, except for tax and license accounts;
L. To reduce the amount of
liability of accounts by the greater of:
(i) $15,000; or
(ii) $75,000,
or 50% of the account balance, whichever is less, when necessary to facilitate
their collection, except for tax and license accounts and those accounts
specified in Section 2.76.046;
M. To establish payment plans as necessary to
effect collection of accounts, except for accounts arising from the provision of
medical care in county medical and health facilities, which authority shall vest
in the director of the department of health services pursuant to Section
2.76.045 and Section 2.76.046, and tax and license accounts;
N. To represent
the county in small claims court in collection cases falling within the
jurisdiction of said court, except for small claims collection cases arising
from the provision of medical care in county medical and health facilities,
which authority shall vest in the director of the department of health services
pursuant to Section 2.76.045. Nothing in this subsection N shall prevent any
other county officer from representing the county in small claims court when so
directed by the board;
O. To reduce claims by an amount equal to the current
monetary jurisdiction of the small claims court when necessary to facilitate
small claims actions, except for small claims actions arising from the provision
of medical care in county medical and health facilities, which authority shall
vest with the director of the department of health services pursuant to Section
2.76.045;
P. To identify new or expandable sources of county revenue and
make recommendations to the board regarding the same;
Q. To make
recommendations to the board on all matters pertaining to billing, collection
and revenue-producing systems;
R. To keep the chief administrative officer,
auditor-controller, and all other departments or entities continually advised
regarding the design and operation of systems affecting them;
S. To conduct
such other activities as may be required to implement billing, cash management,
collection and revenue-producing programs as authorized by the board;
T. To
coordinate activities of other county officers, as approved by the board, and as
may be required to accomplish the duties set forth in this section;
U. The
treasurer shall have the discretion to accept accounts referred from the
director of the department of health services for collection or compromise
pursuant to Section 2.76.045 or Section 2.76.046;
V. Nothing in this Section
2.52.040 shall be construed as divesting the treasurer of authority to continue
any delinquent account collection activities begun on delinquent accounts
arising from the provision of medical care in county medical and health
facilities prior to the effective date of this ordinance. (Ord. 2006-0027 §
1, 2006: Ord. 2002-0004 § 1, 2002: Ord. 2001-0030 § 1, 2001: Ord.
85-0201 § 1, 1985; Ord. 84-0050 § 1 (part), 1984.)
2.52.045 Qualifications--Continuing education.
A. No person shall be eligible for appointment to the office of county
treasurer-tax collector on or after January 1, 1998, unless that person meets at
least one of the following criteria:
1. The person has served in a senior
financial management position in a county, city, or other public agency dealing
with similar financial responsibilities for a continuous period of not less than
three years, including, but not limited to, treasurer, tax collector, auditor,
auditor-controller, or the chief deputy or an assistant in those
offices.
2. The person possesses a valid baccalaureate, masters, or doctoral
degree from an accredited college or university in any of the following major
fields of study: business administration, public administration, economics,
finance, accounting, or a related field, with a minimum of 16 college semester
units, or their equivalent, in accounting, auditing, or finance.
3. The
person possesses a valid certificate issued by the California State Board of
Accounting pursuant to Chapter 1 (commencing with Section 5000) of Division 3 of
the Business and Professions Code, showing that person to be, and a permit
authorizing that person to practice as, a certified public
accountant.
4. The person possesses a valid charter issued by the Institute
of Chartered Financial Analysts, with a minimum of 16 college semester units, or
their equivalent, in accounting, auditing, or finance.
5. The person
possesses a valid certificate issued by the Treasury Management Association
showing the person to be designated as a Certified Cash Manager, with a minimum
of 16 college semester units, or their equivalent, in accounting, auditing, or
finance.
B. Any duly appointed county officer serving as treasurer-tax
collector shall, beginning in 2000, complete a valid continuing course of study
as prescribed in this subsection B, and shall, on or before June 30th of each
two-year period, render to the State Controller a certification indicating that
the person has successfully completed a continuing education program consisting
of, at a minimum, 24 hours, or an equivalent amount of continuing education
units within the discipline of treasury management or public finance or both,
offered by a recognized state or national association, institute, or accredited
college or university, that provides the requisite educational programs
prescribed in this subsection B. The wilful or negligent failure of any county
officer serving in the capacity of county treasurer-tax collector to comply with
the requirements of this subsection B shall be deemed a violation of Section
27000.9 of the Government Code. (Ord. 96-0007 § 2, 1996.)
2.52.050 Treasurer--Duties as court trustee.
Pursuant to Section 278, Welfare and Institutions Code, the
treasurer is hereby designated as court trustee to perform the functions of the
probation officer with reference to payments for the support of dependents as
authorized by paragraphs (a), (b), (d) and (f) of Section 276 Welfare and
Institutions Code, and as required by Sections 1685 to 1687, inclusive, of the
Code of Civil Procedure. The probation officer shall retain all other functions
under Section 276, Welfare and Institutions Code, when money is payable by, to
or on behalf of:
A. Probationers or court wards; or
B. Any other person
who has been placed under the supervision of the probation officer for the
purpose of rehabilitation; or
C. Any other person as a court of competent
jurisdiction may order. (Ord. 84-0050 § 1 (part), 1984.)
2.52.060 Treasurer--Court trustee service fee.
A. Pursuant to Section 279, Welfare and Institutions Code, in order to
defray the cost of service of the court trustee, there is imposed upon all
payments made through the court trustee, a service charge of two percent of the
amount collected in addition to payments made under subdivisions (a), (c), (d)
or (f) of Section 276 Welfare and Institutions Code.
B. The service charge
imposed in relation to payments under subdivision (c) of Section 276, shall be
imposed only for payments made by probationers, and the service charge imposed
in relation to payments made under subdivision (f) of Section 276 shall be
imposed only for cases similar to those listed in subdivisions (a), (c), or (d)
of that section.
C. The treasurer, as court trustee, shall collect said two
percent charge and deposit such funds in the general fund of the county. (Ord.
84-0050 § 1 (part), 1984.)
2.52.070 Treasurer--Collection of incarceration costs.
A. Penal Code Section 1203.1(c), relating to the payment of
incarceration costs is operative in the county of Los Angeles.
B. The
determination of the average per-day costs of incarceration in the county jail
shall be determined and reviewed annually as provided in Section 2.10.063 of
this code.
C. The treasurer is designated as the county officer responsible
for collection of moneys ordered by the courts pursuant to Section 1203.1(c) of
the Penal Code. D. The treasurer shall make inquiry into the ability of
defendants to pay all or a portion of costs of incarceration, develop payment
schedules, receive payments, and deposit the funds within the county treasury.
(Ord. 90-0122 § 1, 1990: Ord. 84-0050 § 1 (part), 1984.)
2.52.075 Emergency response reimbursement.
A. The treasurer and tax collector shall develop policies and procedures
for, and undertake collection efforts, including initiating litigation as
appropriate, with respect to expenses incurred in any appropriate emergency
response by the county, or any agency thereof, against any person who is made
liable for such costs, pursuant to Government Code Sections 53150 through
53158.
B. The treasurer and tax collector may prescribe classes of accidents
for which collection efforts shall not be undertaken. The treasurer and tax
collector may take any action with respect to the collection of expenses under
this section as is authorized with respect to a delinquent account.
C. The
treasurer and tax collector, in coordination with county departments involved in
emergency responses, shall develop forms for reporting emergency response
expenses for particular incidents. County officers and departments which incur
emergency responses shall cooperate with the treasurer and tax collector in
reporting such expenses for collection under this section. (Ord. 87-0190 §
1, 1987.)
2.52.080 Treasurer--Presentence investigation fees for Vehicle Code violations.
A. The treasurer is designated as the county officer responsible for
collection from any defendant convicted of violating Vehicle Code Section 23152
or 23153 the fee for the presentence investigation conducted by the department
of health services.
B. The department of health services shall make inquiry
into the defendant’s monthly income and value of assets, and the treasurer
shall collect a fee based on such inquiry as follows:
|
Defendant’s Monthly Income or Value of Assets
|
Fees
|
|
$500.00 or more
|
$34.00
|
|
499.00 or less
|
16.00
|
|
None or defendant is a general relief recipient
|
0.00
|
(Ord. 84-0050 § 1 (part), 1984.)
2.52.085 Treasurer-tax collector--Returned property tax payment checks--Fee.
There shall be a fee of $50.00, authorized pursuant to Section
2509.1 of the Revenue and Taxation Code, to process any check returned unpaid,
or any other returned negotiable paper, submitted to the treasurer-tax collector
for the payment of secured property taxes. The fee may be added to the property
tax bill and may become part of the underlying obligation. (Ord. 2001-0112
§ 1, 2001: Ord. 91-0073 § 1, 1991.)
2.52.086 Treasurer-tax collector--Dishonored credit card property tax payment--Fee.
There shall be a fee of $10.50, authorized pursuant to Section
2511.1 of the Revenue and Taxation Code, to process any dishonored credit card
draft returned unpaid which was submitted to the treasurer-tax collector for the
payment of property taxes. The fee may be added to the property tax bill and may
become part of the underlying obligation. (Ord. 98-0072 § 1,
1998.)
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