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California Legislative Counsel Bureau California. Secretary of State.

Amendments to the Constitution and proposed statutes : with arguments ... online

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the organic law thereof relative to the matters
therein provided, and supersede any existing
charter framed under the provisions of this sec-
tion, and all amendments thereof, and shall
supersede all laws inconsistent with such charter
relative to the matters provided in such charter.
A copy of such charter, certified and authenti-
cated by the chairman and clerk of the board of
supervisors under the seal of said board and
attested by the county clerk of said county, set-
ting forth the submission of such charter to the
electors o'^ said county, and its ratification by
them, shall, after the approval of such charter
by the legislature, be made in duplicate, and filed,
one in the office of the secretary of state and the
other, after being recorded in the office of the
recorder of said county, shall be filed in the office
of the county clerk thereof, and thereafter all
courts shall take Judicial^notice ttf aaid charter.

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The charter, so ratified, may be amended by
roposals therefor submitted by the board of
apervlsors of the county to the qualified electors
lereof at a general or special election held not
(ss than thirty days nor more sixty days after
le publication of sijich proposals for ten times
1 a daily newspaper of general circulation,
pinted, published and circulated In said county ;
rovided, that in any county where no such daily
ewspaper is printed, published and circulated,
ich proposed charter shall be published for at
>ast three times in at least one weekly news-
aper, of general circulation, printed, published
nd circulated in such county ; provided, that in
ny county where neither such daily nor such
'eekly newspaper is printed, published and cir-
ulated, a copy of such proposed charter shall be
osted by the county clerk in three public places
1 said county, and on or near the entrance to at
jast one public schoolhouse in each school dis-
rlct in said county. If a majority of such quali-
ted electors voting thereon, at such general or
pecial election, shall vote in favor of any such
reposed amendment or amendments, or any
mendment or amendments proposed by petition
s hereinafter provided, such amendment or
jnendments shall be deemed to be ratified, and
hall be forthwith submitted to the legislature, if
t be in regular session, otherwise at its next
egular session, or may be submitted to the leg-
Blature in extraordinary session, for approval or
ejection as a whole, without power of alteration
T amendment, and if approved by the legislature,
.s herein provided for the approval of the char-
er, such charter shall be amended accordingly.
L copy of such amendment or amendments shall,
ifter the approval thereof by the legislature, be
nade in duplicate, and shall be authenticated,
:ertified, recorded and filed as herein proviJed
or the charter, and with like force and effect
?V^henever a petition signed by ten per centum of
he qualified electors of any county, computed
ipon the total number of votes cast in said
»unty for all candidates for governor at the last
^neral election, at which a governor was elected,
s filed in the oflSce of the county clerk of said
jounty, petitioning the board of supervisors
hereof to submit any proposed amendment or
unendments to the charter of such county, which
imendment or amendments shall be set forth in
lull in such petition, to the qualified electors
;hereof, such petition shall forthwith be exam-
ned and certified by the county clerk, and if
dgned by the requisite number ol qualified elec-
ors of such county, shall be presented to the said
)oard of supervisors, by the said county clerk,
is hereinbefore provided for petitions for the
election of boards of freeholders. Upon the pre-
lentation of said petition to said board of super-
visors, said board must submit the amendment
)r amendments set forth therein to the qualified
electors of said county at a general or special
Section held not less than thirty days nor more
han sixty days after the publication or posting
)f such proposed amendment or amendments in
he same manner as hereinbefore provided in the
:ase of the submission of any proposed amend*-
nent or amendments to such charter, proposed
ind submitted by the board of supervisors. In
mbmitting any such charter, or amendments
hereto, any alternative article or proposition
nay be presented for the choice of the electors,
md may be voted on separately without preju-
lice to others.

Every special election held under the provisions
)f this section, for the election of boards of free-
lolders or for the submission of proposed char-
:ers, or any amendment or amendments thereto,
shall be called by the board of supervisors, by
ordinance, which shall specify the purpose and
:ime of such election and shall establish the elec-
tion precincts and designate the polling places
iherein, and the names of the election officers for
iach such precinct. Such ordinance, prior to such
election, shall be published five times in a daily
newspaper, or twice in a weekly newspaper, if
there be no such daily newspaper, printed, pub-
lished and circulated in said county; provided,
that If no such daily or weekly newspaper be
printed or published in such county, then a copy
5f such ordinance shall be posted by the county
:lerk In ^u-ee public places in suoh county and in



or near the entrance to at least one public school-
house in each school district therein. In all
other respects, every such election shall oe held
and conducted, the returns thereof canvassed and
the result thereoi: declared by the board of super-
visors in the same manner as provided by law
for general elections. Whenever boards of free-
holders shall be elected, or any such proposed
charter, or amendment or amendments thereto,
submitted, at a general election, the general laws
applicable to the election of county officers and
the submission of propositions to the vote of elec-
tors, shall be followed in so far as the same may
be applicable thereto.

It shall be competent, in all charters, framed
under the authority given by this section to pro-
vide. In addition to any other provisions allow-
able by this constitution, and the same shall pro-
vide, lor the .oliowing matteis:

1. For boards of supervisors and for the con-
stitution, regulation and government thereof, for
the times at which and the terms for which the
members of said board shall be elected, lor the
number of membeis, not less than three, that
shall constitute such boards, for their compen-
sation and lor their election, either by the elec-
tors of the counties at large or by districts ; pro-
vided, that in any event said board shall consist
of one member for each district, who must be a
qualified elector thereof; and

2. For sheriffs, county clerks, treasurers, re-
corders, license collectors, tax collectors, public
administrators, coroners, surveyors, district at-
torneys, auditors, assessors and superintendents
of schools, lor the election or appointment of said
oflEicers, or any of them, for the times at which
and the terms for which, said officers shall be
elected or appointed, and for their compensation,
or for the fixing of such compensation by boards
of supervisors, and, if appointed, for the manner
of their appointment; and

3. For the number of justices of the peace and
constables for each township, or for the number
of such judges and other officers of such inferior
courts as may be provided by the constitution or
general law, for the election or appointment of
said officers, for the times at which and the
terms for which said officers shall be elected or
appointed, and for their compensation, or for the
fixing of such compensation by boards of super-
visors, and if appointecj, for the manner of their
appointment; and

4. For the powers and duties of boards of
supervisors and all other county officers, for their
removal and for the consolidation and segrega-
tion of county offices, and for the manner of fill-
ing all vacancies occurring therein ; provided,
that the provisions of such charters relating to
the powers and duties of boards of supervisors
and all other county officers shall be subject to
and controlled by general laws; and

4'/^. For the 988umptlon and discharge by
county otricers of certain of the municipal func-
tions of the cities and towns within the county,
whenever, In the case of cities and towns In-
corporated under general laws, the discharge by
county officers of such municipal functions Is
authorized by general law, or whenever. In the
case of cities and towns organized under section
eight of this article, the discharge by county
ofncers of such municipal functions Is authorized
by provisions of the charters, or by amendments
thereto, of such cities or towns.

5. For the fixing and regulation by boards of
supervisors, by ordinance, of the appointment
and number of assistants, deputies, clerks, at-
taches and other persons to be employed, from
time to time, in the several offices oC tlie county,
and for the prescribing and regulating by such
boards of the powers, duties, qualifications and
compensation of such persons, the times at which,
and terms for which they shall be appointed, and
the manner of their appointment and removal ;
and

6. For the compensation of such fish and game
wardens, probation and other officers as may be
provided by general law, or for the fixing of such
compensation by boards of supervisors.

All elective officers of counties, and of town-
ships, of road districts and of highway construc-
tion divisions therein shall Im&^ nominated ajud
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elected In the manner provWed by general laws
for the nomination sma election of such ofHcers.

All charters framed mider the authority given
by this section, In addition to the matters herein
above Bpeclfled> may provide as follows:

Por offices other than those required by the
cQnstltirtlon and laws of the state, or for the
creation of any or all of such offices by boards of
snpcrvlsors, for the election or appointment of
persons to nil such offices, for the manner of such
appointment, for the times at which and the
terms for which such persons shall be so elected
or appointed, and for their compensation, or for
the fixing of such compensation by boards of
supervisors.

For offices hereafter created by this constitu-
tion or by general law, for the election or ap-
pointment of persons to fill such offices, for the
manner of such appointment, for the times jit
which and the terms for which such persons shall
be so elected or appointed, and for their compen-
sation, or for the fixing of such compensation by
boards of supervisors.

For the formation, in such counties, of road
districts for the care, maintenance, repair, In-
spection and supervision only of roads, highways
and bridges; and for the formation, in such
counties, of highway construction divisions for
the construction only of roads, highways and
bridges; for the inclusion In any such district or
division, of the whole or any part of any incorpo-
rated city or town, upon ordinance passed by such
incorporated city or town authorizing the same,
and upon the assent to such inclusion by a major-
ity of the qualified electors of such incorporated
city or town, or portion thereof, proposed to be so
included, at an election held for that purpose ; for
the organization, government, powers and juris-
diction Of such districts and divisions, and for
raising revenue therein, for such purposes, by
taxation, upon the assent of a majority of the
qualified electors of such districts or divisions,
voting at an election to be held for that purpose ;
for the incurring of indebtedness therefor by such
counties, districts or divisions for such purposes
respectively, by the issuance and sale, by the
counties, of bonds of such counties, districts or
divisions, and the expenditure of the proceeds of
the sale of such bonds, and for levying and col-
lecting taxes against the property of the counties,
districts or divisions, as the case may be, for the
payment of the principal and interest of such
indebtedness at maturity ; provided, 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 to be held for that pur-
pose, nor unless before or at the time of incur-
ring 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 pajnnent
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 shall, ex-
cept in so far as the same Shall be prescribed In
such charters, conform to general laws for the
authorizing and incurring by counties Of bonded
indebtedness, so far as applicable ; provided, fur-
ther, that provisions in such charters for the con-
struction, care, maintenance, repair, inspection
and supervision of roads, highways 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.

Whenever any county has framed and adopted
a charter, and the same shall have been approved
by the legislature, as herein provided, the general
laws adopted by the legislature In pursuance of
sections four and five of this article, shall, as to
such county, be superseded by said charter as to
matters for which, under this section it is com-
petent to make provision in such charter, and for
which provision is made therein, except as herein
otherwise expressly provided • and except that
anv such charter shall not affect the tenure of
office of the elective officers of the county, or of
any district, township or division thereof. In office
at the time such charter goes Into effect, and
such officers shall continue to hold their respect-
ive offices until the expiration of the term tor

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which they shall have been elected, unless sooner
removed in the manner provided by law.

The charter of airy county, adopted under the
authority of this section, may be mnrendered and
annulled with the assent of two ttilrds of the
qualified electors of sntfh county, ^tlng at a
special election, held for that purpose, and to be
ordered and called by the board of snpervisors
of the county upon receiving a written petition,
signed and certified as hereinabove provided for
the purposes of the adoption of charters, re-
questing said board to submit the question of the
surrender and annulment of such charter to the
qualified electors of such county, and, in the
event of the surrender and annulment of any
such charter, such county shall thereafter be gov-
erned under general laws in force for the gov-
ernment of counties.

The provisions of this section shall not be ap-
plicable to any county that is consolidated with
any city.

Section 7i, article XI, proposed to be amended,
now reads as follows:

BXISTINO LAW.

Section 75. Any county may frame a charter
for its own government consistent "V^rith and sub-
ject to the constitution (or, having framed such
a charter, may frame a new one,) relating to the
matters hereinafter in this $ection specified, and
none other, by causing a board of fifteen freehold-
ers, who have been for at least five years quali-
fied electors thereof, to be elected by the qualified
electors of said county, at a general or special
election. Said board of freeholders may be so
elected In pursuance of an ordinance adopted by
the vote of three fifths of all the members of the
board of supervisors of such county, declaring
that the public interest requires the election of
such board for the purpose of preparing and pro-
posing a charter for said county, or in ptirauance
of a petition of qualified electors of said County
as hereinafter provided. Such petition, signed byj
fifteen per centum of the qualified electors of said
county, computed upon the total number of votes
cast therein for all candidates for governor at the
last preceding general election at which a gov-l
ernor was elected, praying for the election of al
board Of fifteen freeholders to prepare and pro-
pose a charter for said county, n^iy be filed in
the office of the county clerk. It shall be the
duty of said county clerk, within twenty daysi
after the filing of said petition, to examine the
same, and to ascertain from the record of the
registration of electors of the county, whether
said petition Is signed by the requisite number of
qualified electors. If required by said clerk, the
board of supervisors shall authorise him to em-
ploy persons specially to assist him in the work
of examining such petition, and shall provide for
their compensation. Upon the completion of such
examination, said clerk shall forthwith attach to
said petition his certificate, properly dated, show-
ing the result thereof, and if. by said certificate,
it shall appear that said petition Is signed by the
requisite number of qualified electors, said clerk
shall immediately present said petition to the
board of supervisors, if it be in session, otherwise
at its next regular meeting ^f ter the date Of such
certificate. Upon the adoption of such ordinance,
or the presentation of such petition, said board of
supervisors shall order the helding of a special
election for the purpose of electing such board of
freeholders, which said special election shall be
held not less than twenty days nor more than
sixty days after the adoption of the ordinance
aforesaid Or the presentation of said petition to
said board Of supervisors; provided, that if a
general election shall occur in said county not
less than twenty days nor more than sixty days
after the adoption of the ordinance aforesaid, or
such presentation of said petition to said board of
supervisors, said board of freeholders may be
elected at such general election. Candidates for
election as members of said board of freeholders
shall be nominated by petition, substantially in
the same manner as may be pnpvided by general
law for the nomination, by petition ef eTectors,
of candidates tor county offices, to be voted for at I
general elections.



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It BhaJl be the duty of flalCl lK>ard of freehold-
ers, within one hundred ajad twenty days after
the result of such election shall hav^ oeen de-
clared hy said hoard of supervisors, Xg prepare
and propose a charter for said county, which
shall be signed in duplicate by the meoibers of
said board of freeholders, or a majority ox them,
and be filed, one copy in the office of the county
clerk of said cQUnty and the other in the tfflce
of the county recorder thereof. Said beard of
supervisors shall thereupon cause said proposed
charter to be published for at least ten times in
a dally newspaper of general circulation, printed,
published and circulated in said county ; provided,
that in any county where no such daily news-
paper is printed, published and circulated, such
proposed charter shall be published for at least
three times in at least one weekly newspaper, of
general circulation, printed, published and circu-
lated in such county; and provided, that in any
county where neither such daily nor such weekly
ne-wspaper is printed, published and circulated, a
copy of such proposed charter shall be posted by
the county clerk in three public places In said
county, and on or near the entrance to at least
one public schoolhouse in each school district in
said county, and the first publication or the post-
ing of such proposed charter shall be made within
fifteen days after the filing of a copy thereof, as
aforesaid, in the office of the county clerk. Said
proposed charter shall be submitted by said board
of supervisors to the qualified electors of said
county at a special election held not less than
thirty days nor more than sixty days after the
completion of such publication, or after such
posting ; provided, that if a general election shall
occur In said county not less than thirty days
nor more than sixty days after the completion of
such publication, or after such posting, then such
proposed charter may be so submitted at such
general election. If a majority of said qualified
electors, voting thereon at such general or special
election, shall vote in favor of such proposed
charter, it shall be deemed to be ratified, and
shall be forthwith submitted to the legislature, if
it be in regular session, otherwise at its next
regular session, or it may be submitted to the
legislature in extraordinary session, for its ap-
proval or rejection as a whole, without power of
alteration or amendment. Such approval may be .
made by concurrent resolution, and if approved
by a majority vote of the members elected to
each house, such charter shall become the charter
of such county and shall become the organic law
thereof relative to the matters therein provided,
and supersede any existing charter framed under
the provisions of this section, and all amendments
thereof, and shall supersede all laws Inconsistent
with such charter relative to the matters provided
in such charter. A copy of such charter, certified
and authenticated by the chairman and clerk of
the board of supervisors under the seal of said
board and attested by the county clerk of said
county, setting forth the submission of such char-
ter to the electors of said county, and its ratifica-
tion by them, shall, after the approval of such
charter by the legislature, be made in duplicate,
and filed, one in the office of the secretary of
state and the other, after being recorded in the
office of the recorder of said county, shall be filed
in the office of the county clerk thereof, and
thereafter all courts shall take judicial notice of
said charter.

The charter, so ratified, may be amended by
proposals therefor submitted by the board of su-
pervisors of the county to the qualified electors
thereof at a general or special election held not
less than thirty days nor more than sixty days
after the publication of such proposals for ten
times in a daily newspaper of general circulation,
prtnted. published and circulated in said county ;
provided, that in any county where no such daily
newspaper Is printed, published and circulated,
such proposed charter shall be published for at
least three times in at least one weekly news-
paper, of general circulation, printed, published
and circulated in such county; provided, that In
any county where neither such daily nor ^ such
weekly newspaper Is printed, published and cir-
culated, a copy of such proposed charter shall be
posted by the county clerk in three public places
in said county, and on or near the entrance to at
least one public schoolhouse in each school dis-



trict in said county. If a majority of such qual-
ified electors voting thereon, at such general or
special election, shall vote in favor of any fiihch
proposed amendment or amendments, or any
amendment or amendments proposed by petition
as hereinafter provided, such amendment or
amendments shall be deemed to be ratified, and
shall be forthwith submitted to the legislature,
if it be in regular session, otherwise at its
next regular session, or may be submitted to
tbe legislature in extraordinary session, for
afproval or rejection as a whole, without power
of alteration or amendment, and if approved
by the legislature, as herein provided for the
approval of the charter, such charter shall be
amended accordingly. A copy of such amend-
ment or amendments shall, after the approval
thereof by the legislature, be made in duplicate,
and shall be authenticated, certified, recorded
and filed as herein provided for the charter,
and with like force and effect. Whenever a
petition signed by ten per centum of the quail-
fled electors of any county, computed upon the
total number of votes cast in said county for
all candidates for governor at the last general
election, at which a governor was elected, is filed
in the office of the county clerK of said county,
petitioning the board of supervisors thereof to
submit any proposed amendment or amendments
to the charter of such county, which amendment
or amendments shall be set forth in full in such
petition, to the qualified electors thereof, such
petition shall forthwith be examined and certified
by the county clerk, and If signed by the requisite
number of qualified electors of such county, shall
be presented to the said board of supervisors, by



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 6 of 36)