SECTIONS 25300-25307 - California Statutes

GOVERNMENT CODE

SECTION 25300-25307

25300. The board of supervisors shall prescribe the compensation of
all county officers and shall provide for the number, compensation,
tenure, appointment and conditions of employment of county employees.
Except as otherwise required by Section 1 or 4 of Article XI of the
California Constitution, such action may be taken by resolution of
the board of supervisors as well as by ordinance.

25303. The board of supervisors shall supervise the official
conduct of all county officers, and officers of all districts and
other subdivisions of the county, and particularly insofar as the
functions and duties of such county officers and officers of all
districts and subdivisions of the county relate to the assessing,
collecting, safekeeping, management, or disbursement of public funds.
It shall see that they faithfully perform their duties, direct
prosecutions for delinquencies, and when necessary, require them to
renew their official bond, make reports and present their books and
accounts for inspection.
This section shall not be construed to affect the independent and
constitutionally and statutorily designated investigative and
prosecutorial functions of the sheriff and district attorney of a
county. The board of supervisors shall not obstruct the investigative
function of the sheriff of the county nor shall it obstruct the
investigative and prosecutorial function of the district attorney of
a county.
Nothing contained herein shall be construed to limit the budgetary
authority of the board of supervisors over the district attorney or
sheriff.

25303.1. The board of supervisors of any county may authorize any
officer of a county who is not specifically authorized by any other
code section to accept negotiable paper in payment of any assessment,
license, permit, or fee, or other money owing to any county or in
payment of any trust deposit. After authorization by the board of
supervisors, any officer of the county governed by provisions of this
section may, at his discretion, accept negotiable paper in payment
of any assessment, license, permit, or fee, or other money owing to
the county or in payment of any trust deposit.

25303.2. As used in this chapter, negotiable paper means bank
checks and drafts and express and post-office money orders.

25303.3. The acceptance of negotiable paper constitutes payment of
any amount owing to a county or a city and county as of the date of
acceptance when, but not before, the negotiable paper is duly paid.

25303.4. (a) If, pursuant to another provision of law, a bank
account has been authorized for the use of the officer, he shall
deposit in that account as soon as practicable any negotiable paper
accepted by him pursuant to this chapter.
(b) If a bank account has not been authorized for the use of such
officer, he may deposit negotiable paper accepted pursuant to this
chapter as soon as practicable with a bank for collection and receive
from the bank cashier's checks in an amount equal to the total
deposit. The cashier's checks shall be deposited in the county
treasury like cash received for the same purpose. The officer
accepting negotiable paper may at his option deposit such negotiable
paper daily in the county treasury instead of in a bank; and the
county treasurer shall handle such negotiable paper like any other
negotiable paper accepted by him.
If any negotiable paper is returned unpaid to the bank with which
it was deposited, the bank shall return it to the officer who
deposited it and, if its amount has been included in any cashier's
check given by the bank, the bank is entitled to a refund in the
amount of the unpaid negotiable paper. Any negotiable paper redeemed
by or charged back to the county treasurer by reason of nonpayment
shall be returned to the officer who deposited it with him. A
memorandum charging the officer making the deposit and crediting the
treasurer shall be issued by the county auditor on the fund into
which the original deposit was made.

25303.5. If any negotiable paper is not paid on due presentment for
any reason, any record of payment made on any official record or in
cash and fee book of the officer shall be canceled. Any receipt
issued likewise shall be deemed to be canceled. The assessment,
license, permit, fee, fine and other money is a lien as though no
payment has been attempted.
The officer accepting negotiable paper shall make any memoranda
necessary to enable him to make proper cancellation on its return
without payment. The officer shall be discharged from accountability
for collection on the dishonored paper only upon order of the board
of supervisors.

25303.6. When cancellation is made, the officer making it shall
record it on the roll or on his cash and fee book. He shall
immediately send a notice to the person who attempted payment by the
negotiable paper of the cancellation of the payment.
The validity of any assessment, license, permit, fee, fine or
other money is not affected by failure or irregularity in giving this
notice.

25304. The board of supervisors shall fill by appointment all
vacancies that occur in any office filled by the appointment of the
board and elective county officers, except judge of the superior
court and supervisors. The appointee shall hold office for the
unexpired term or until the first Monday after January lst succeeding
the next general election.

25304.5. If on the first Monday after January 1 following a general
election the person elected to an elective county office has
resigned or died, the board of supervisors shall provide that the
office which was made vacant shall be filled at the next regularly
scheduled election. The board of supervisors may appoint a person to
temporarily carry out the duties of any office to be filled by such
an election and that person shall serve until the results of the
election are declared.
The person elected shall serve for the remainder of the term which
began on the first Monday after January 1 immediately preceding the
election.

25305. When in its judgment the public interest requires, the board
may purchase automobiles for the use of county officers and county
employees whose duties require frequent trips on county business. By
ordinance the board shall adopt rules and regulations governing the
use of the automobiles and the imposition of proper penalties upon
any person driving, operating, or using the automobiles contrary to
the rules and regulations of the board. The board may purchase
necessary automobiles and assign them to county boards and
commissions or members thereof whose duties require frequent and
adequate transportation in and about the county on county business.
County business shall include the operation of county-owned or
county-leased vehicles as commute vehicles in a carpool or vanpool
program authorized by the county for county employees, provided that
a daily, weekly, or monthly fee is charged that is adequate to
reimburse the county for all costs of providing, operating and
maintaining vehicles for such purpose. The board of supervisors shall
establish rules, regulations and procedures to be used in the
operation of county-owned or county-leased vehicles in a county
carpool or vanpool program for county employees.
The use of automobiles provided by the county pursuant to this
section is in lieu of any other mileage allowed by law. The board may
allow officers and employees using county automobiles their actual
and necessary expenses when traveling on county business.

25306. The board may rent or lease office space for the members of
the board and employ a secretary at such office.

25307. All meetings conducted by the board pertaining to salaries
of county employees shall be open and public, except as provided in
the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of
Part 1 of Division 2, including Section 54957.6.