SECTIONS 24000-24012 - California Statutes

GOVERNMENT CODE

SECTION 24000-24012

24000. The officers of a county are:
(a) A district attorney.
(b) A sheriff.
(c) A county clerk.
(d) A controller.
(e) An auditor, who shall be ex officio controller.
(f) A treasurer.
(g) A recorder.
(h) A license collector.
(i) A tax collector, who shall be ex officio license collector.
(j) An assessor.
(k) A superintendent of schools.
(l) A public administrator.
(m) A coroner.
(n) A surveyor.
(o) Members of the board of supervisors.
(p) A county veterinarian.
(q) A fish and game warden.
(r) A county librarian.
(s) A county health officer.
(t) An administrative officer.
(u) A director of finance.
(v) A road commissioner.
(w) A public guardian.
(x) Such other officers as are provided by law.

24001. Except as otherwise provided in Sections 27550.1 and 27641.1
or in this section, or in Section 21123 or 34711 of the Water Code,
or in any landowner voting district, as defined in paragraph (8) of
subdivision (b) of Section 10500 of the Elections Code, a person is
not eligible to a county or district office, unless he or she is a
registered voter of the county or district in which the duties of the
office are to be exercised at the time that nomination papers are
issued to the person or at the time of the appointment of the person.
The board of supervisors or any other legally constituted
appointing authority in a county or district may, if it finds that
the best interests of the county or district will be served, waive
the requirements of this section for an appointed county or district
office.

24001.5. The office of director of a mutual water district or
irrigation district, shall not be deemed to be incompatible with the
office of director of a district formed under the Community Services
District Law (commencing at Section 61000 of the Government Code).

24002. A person is not eligible to the office of district attorney
unless he has been admitted to practice in the Supreme Court of the
State.

24002.5. (a) A person may not exercise the powers and duties of the
office of assessor unless he or she holds a valid appraiser's
certificate issued by the State Board of Equalization pursuant to
Article 8 (commencing with Section 670) of Chapter 3 of Part 2 of
Division 1 of the Revenue and Taxation Code.
(b) Notwithstanding subdivision (a), a duly elected or appointed
person may exercise the powers and duties of assessor, for a period
not to exceed one year, if he or she acquires a temporary appraiser's
certificate from the State Board of Equalization no later than 30
days after taking office.
(c) This section does not apply to any person holding the office
of assessor on January 1, 1997.

24003. The county veterinarian shall at the time of his or her
appointment be a qualified veterinary surgeon having a certificate
issued to him or her by the Veterinary Medical Board.

24004. (a) Except as otherwise provided in this section and Section
24004.5, a sheriff or clerk, or any of their deputies, shall not do
any of the following:
(1) Practice law or have as a partner a lawyer or anyone who acts
as a lawyer for a collection agency.
(2) Act as a collector or for any collection agency or have as a
partner a collector or anyone who acts as a collector for a
collection agency in the county where he resides and holds office.
(b) Paragraph (1) of subdivision (a) shall not apply to a reserve
or auxiliary deputy sheriff who is admitted to practice law in this
state. However, a reserve or auxiliary deputy sheriff may not
represent any person in any matter concerning an event or transaction
if the reserve or auxiliary deputy sheriff has performed or knows he
will perform any act relating to the event or transaction in
performance of his or her duties as a reserve or auxiliary deputy
sheriff.

24004.3. (a) No person is eligible to become a candidate for the
office of sheriff in any county unless, at the time of the final
filing date for election, he or she meets one of the following
criteria:
(1) An active or inactive advanced certificate issued by the
Commission on Peace Officer Standards and Training.
(2) One year of full-time, salaried law enforcement experience
within the provisions of Section 830.1 or 830.2 of the Penal Code at
least a portion of which shall have been accomplished within five
years prior to the date of filing, and possesses a master's degree
from an accredited college or university.
(3) Two years of full-time, salaried law enforcement experience
within the provisions of Section 830.1 or 830.2 of the Penal Code at
least a portion of which shall have been accomplished within five
years prior to the date of filing, and possesses a bachelor's degree
from an accredited college or university.
(4) Three years of full-time, salaried law enforcement experience
within the provisions of Section 830.1 or 830.2 of the Penal Code at
least a portion of which shall have been accomplished within five
years prior to the date of filing, and possesses an associate in arts
or associate in science degree, or the equivalent, from an
accredited college.
(5) Four years of full-time, salaried law enforcement experience
within the provisions of Section 830.1 or 830.2 of the Penal Code at
least a portion of which shall have been accomplished within five
years prior to the date of filing, and possesses a high school
diploma or the equivalent.
(b) All persons holding the office of sheriff on January 1, 1989
shall be deemed to have met all qualifications required for
candidates seeking election or appointment to the office of sheriff.

24004.5. Nothing in Section 24004 shall be construed to prohibit a
deputy sheriff who is otherwise qualified to practice law from: (a)
giving legal advice to his or her employer when directed to do so
within the course and scope of his or her employment, or (b)
representing any person; provided, that the deputy shall not
represent any person in any criminal matter, in any matter concerning
an event or transaction if the deputy has performed or has reason to
know he or she will perform any act relating to such event or
transaction in the performance of his or her duties, or in any matter
adverse to his or her employing agency.
Nothing in this section shall prohibit the employing agency from
taking appropriate disciplinary action against any deputy sheriff
whose practice of law exceeds the above limitations.

24005. County officers and employees are entitled to a vacation
with pay for each year of full-time service. Elected county officers
under bond are not subject to the provisions of this section.

24006. Notwithstanding any other provision of law, appointments may
be made by the authorized appointing power, including the board of
supervisors, to fill any vacancy occurring by reason of the absence
of the incumbent on military service from which he has a right to
return to his office or position pursuant to the Military and
Veterans Code until whichever of the following first occurs: (a) the
resigning officer returns to and re-enters the office from which he
resigned, or (b) the term expires for which he was elected or
appointed.

24007. If any officer, deputy, assistant, or employee of a county
or judicial district was required by law to file an oath of office or
to execute a bond prior to his original entry upon the duties of the
office or employment, he shall file an oath and execute a bond in
like manner and form prior to his re-entry upon the duties of the
office or employment pursuant to the Military and Veterans Code.

24008. (a) The board of supervisors may appoint a county fire
warden and assistant and deputy county fire wardens as it may
consider necessary. The county fire warden shall aid in enforcing all
laws and ordinances and any rules or regulations adopted by the
State Board of Forestry and Fire Protection and by the State Fire
Marshal relating to fires or to fire prevention and protection. The
county fire warden and the county fire warden's deputies and
assistants shall perform those duties relating to fires or to fire
protection and prevention required by the board of supervisors. The
county fire warden, and any assistant and deputy county fire wardens
that are designated by the county fire warden, have the powers of
peace officers to make arrests without warrant for violation of any
state, county, or federal fire laws, and are not liable to civil
action for trespass committed in the discharge of their duties. In
making any arrests, the county fire warden, and the county fire
warden's assistants and deputies shall follow the procedure
prescribed in Sections 4157 and 4158 of the Public Resources Code.
The county fire warden and the county fire warden's assistants and
deputies shall serve at the pleasure of the board of supervisors and
shall be paid salaries and receive reimbursement for mileage while
traveling on official business as determined by the board.
(b) Notwithstanding any other provision of this section to the
contrary, if the board of supervisors of a county, in which a civil
service system has been created for county officers and employees,
determines that it is necessary to provide for the appointment of a
county fire warden and assistant and deputy county fire wardens, that
county fire warden and those assistants and deputies shall be
selected and appointed pursuant to the provisions relating to that
civil service system and the persons so appointed shall be entitled
to all of the rights and privileges, and subject to all of the
provisions, provided by the system in the same manner and to the same
extent as other county officers and employees included in the
system. This paragraph does not apply to any county in which the
office of county fire warden, or any assistant or deputy county fire
warden is excluded from the civil service system.

24009. (a) Except as provided in subdivision (b), the county
officers to be elected by the people are the treasurer, county clerk,
auditor, sheriff, tax collector, district attorney, recorder,
assessor, public administrator, and coroner.
(b) Except for those officers named in subdivision (b) of Section
1 of Article XI of the California Constitution, any county office
that is required to be elective may become an appointive office
pursuant to this subdivision. In order to change an office from
elective to appointive, a proposal shall be presented to the voters
of the county and approved by a majority of the votes cast on the
proposition. A proposal shall be submitted to the voters by the
county board of supervisors or it may be submitted to the voters
pursuant to the qualification of an initiative petition as provided
in Chapter 2 (commencing with Section 9100) of Division 9 of the
Elections Code. Any county office changed from elective to appointive
in accordance with this subdivision may be changed back from
appointive to elective in the same manner.

24010. Notwithstanding any other provision of law, the board of
supervisors may by ordinance abolish the office of coroner and
provide instead for the office of medical examiner, to be appointed
by the said board and to exercise the powers and perform the duties
of the coroner. The medical examiner shall be a licensed physician
and surgeon duly qualified as a specialist in pathology.

24011. Notwithstanding the provisions of Section 24009:
(a) The Boards of Supervisors of Amador County, Glenn County, Lake
County, Lassen County, Madera County, Mendocino County, Monterey
County, Napa County, Solano County, Sonoma County, Trinity County,
Tuolumne County, and Ventura County may, by ordinance, provide that
the public administrator shall be appointed by the board.
(b) The Boards of Supervisors of Lake County, Madera County,
Mendocino County, Napa County, Trinity County, and Tuolumne County
may appoint the same person to the offices of public administrator,
veteran service officer, and public guardian. The Boards of
Supervisors of Amador County, Glenn County, Kings County, Lassen
County, Monterey County, Solano County, Sonoma County, and Ventura
County, may, by ordinance, appoint the same person to the offices of
public administrator and public guardian.
(c) The Boards of Supervisors of Amador County, Glenn County, Lake
County, Lassen County, Madera County, Mendocino County, Napa County,
Trinity County, and Tuolumne County may separate the consolidated
offices of district attorney and public administrator at any time in
order to make the appointments permitted by this section. Upon
approval by the board of supervisors, the officer elected to these
offices at any time may resign, or decline to qualify for, the office
of public administrator without resigning from, or declining to
qualify for, the office of district attorney.
(d) The Board of Supervisors of Ventura County may separate the
consolidated office of public administrator from the office of
treasurer, in order to make the appointment authorized by this
section. Upon approval by the board of supervisors, the officer
elected to these offices at any time may resign, or decline to
qualify for, the office of public administrator without resigning
from, or declining to qualify for, the office of treasurer.

24012. Notwithstanding the provisions of Section 24009, the Board
of Supervisors of the County of Del Norte may, by ordinance, provide
that the office of public administrator shall be filled by
appointment by the board. In the County of Del Norte, the same person
may be appointed to hold the offices of public administrator, public
guardian, and county veteran services officer simultaneously.