SECTIONS 26200-26230 - California Statutes

GOVERNMENT CODE

SECTION 26200-26230

26200. If by reason of conflagration or other public calamity any
index to any public records of a county is lost or destroyed, leaving
the records without the necessary index for the convenience of the
public in making use of the records, the board of supervisors may
cause a new index of the records to be made by some competent person.
The cost of writing up and making the new index is a county charge
payable out of the county treasury upon the order of the board.

26201. The board may authorize at any time the destruction or
disposition of any duplicate record, paper, or document, the original
or a permanent photographic reproduction of which is in the files of
any officer or department of the county.
The board may authorize at any time the destruction or disposition
of any duplicate or copy of a notice to appear in court, or promise
to appear in court, that is filed with any officer or department of
the county, 12 months after the original of such notice or promise
has been filed with the magistrate or a person authorized by the
magistrate to receive a deposit of bail specified therein.

26202. The board may authorize the destruction or disposition of
any record, paper, or document which is more than two years old and
which was prepared or received in any manner other than pursuant to a
state statute or county charter. The board may authorize the
destruction or disposition of any record, paper or document which is
more than two years old, which was prepared or received pursuant to
state statute or county charter, and which is not expressly required
by law to be filed and preserved if the board determines by
four-fifths ( 4/5) vote that the retention of any such record, paper
or document is no longer necessary or required for county purposes.
Such records, papers or documents need not be photographed,
reproduced or microfilmed prior to destruction and no copy thereof
need be retained.

26202.1. The board may authorize the destruction or disposition of
any unaccepted bid or proposal for the construction or installation
of any building, structure, bridge, or highway or other public works
which is more than two years old.

26202.5. The board may authorize the destruction of any record,
paper or document, by a four-fifths vote, if the documents have been
inadvertently exposed to asbestos fiber in a quantity which presents
a risk to the health and safety of persons who handle the record,
paper or document, and if the board determines that the risk to these
persons is greater than the benefit to be derived from the retention
of the record or, alternatively, that the cost of sterilizing the
records far exceeds their value. The decision of the board shall be
final.

26202.6. (a) Notwithstanding the provisions of Sections 26202,
26205, and 26205.1, the head of a department of a county, after one
year, may destroy recordings of routine video monitoring, and after
100 days may destroy recordings of telephone and radio communications
maintained by the department. This destruction shall be approved by
the legislative body and the written consent of the agency attorney
shall be obtained. In the event that the recordings are evidence in
any claim filed or any pending litigation, they shall be preserved
until pending litigation is resolved.
(b) For purposes of this section, "recordings of telephone and
radio communications" means the routine daily recording of telephone
communications to and from a county and all radio communications
relating to the operations of the departments.
(c) For purposes of this section, "routine video monitoring" means
video recording by a video or electronic imaging system designed to
record the regular and ongoing operations of the departments
described in subdivision (a), including mobile in-car video systems,
jail observation and monitoring systems, and building security
recording systems.
(d) For purposes of this section, "department" includes a public
safety communications center operated by the county and the governing
board of any special district the membership of which is the same as
the membership of the board of supervisors.

26203. In years other than those in which a census is taken by the
United States, the board of supervisors by ordinance may cause a
census of the county or any district therein to be taken which shall
be validated by the Population Research Unit of the Department of
Finance. The board of supervisors shall cause a census of a judicial
district to be taken upon presentation to it of a petition signed by
not less than 40 percent of the qualified electors residing in the
district whose names appear upon the great register of the county at
the last general election. The persons taking the census shall
enumerate all the inhabitants of the county or district. The census
shall be validated by the Population Unit. The expenses of taking
such census is a county charge.

26205. At the request of the county officer concerned, the board of
supervisors of any county may authorize the destruction of any
record, paper, or document that is not expressly required by law to
be filed and preserved if all of the following conditions are
complied with:
(a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data processing
system, recorded on optical disk, or reproduced on film or any other
medium that is a trusted system and that does not permit additions,
deletions, or changes to the original document and is produced in
compliance with Section 12168.7 for recording of permanent records or
nonpermanent records.
(b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one that accurately
reproduces the original thereof in all details and which does not
permit additions, deletions, or changes to the original document
images.
(c) The photographs, microphotographs, electronically recorded
video images on magnetic surfaces, records in the electronic data
processing system, records recorded on optical disk, or other
reproductions on film or any other medium are placed in conveniently
accessible files and provision is made for preserving, examining, and
using the files.
Notwithstanding any other provision of this section, destruction
of the original records, papers, or documents is not authorized when
the method of reproduction pursuant to this section is reproduction
of electronically recorded video images on magnetic surfaces unless a
duplicate videotape of the images is separately maintained. A
duplicate copy of a record contained in the electronic data
processing system, on optical disk, or on any other medium that does
not permit additions, deletions, or changes to the original document
images shall also be separately maintained.

26205.1. (a) The county officer having custody of nonjudicial
public records, documents, instruments, books, and papers may cause
to be destroyed any or all of the records, documents, instruments,
books, and papers if all of the following conditions exist:
(1) The board of supervisors of the county has adopted a
resolution authorizing the county officer to destroy records,
documents, instruments, books, and papers pursuant to this
subdivision. The resolution may impose conditions, in addition to
those specified in this subdivision, that the board of supervisors
determines are appropriate.
(2) The county officer who destroys any record, document,
instrument, book, or paper pursuant to the authority granted by this
subdivision and a resolution of the board of supervisors adopted
pursuant to paragraph (1) shall maintain for the use of the public a
photographic or microphotographic film, electronically recorded video
production, a record contained in the electronic data processing
system, a record recorded on optical disk, a record recorded by any
other medium that does not permit additions, deletions, or changes to
the original document, or other duplicate of the record, document,
instrument, book, or paper destroyed.
(3) The record, paper or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data processing
system, recorded on optical disk or reproduced on film or any other
medium that is a trusted system and that does not permit additions,
deletions, or changes to the original document and is produced in
compliance with Section 12168.7 for recording of permanent records or
nonpermanent records.
(b) Paragraphs (2) and (3) of subdivision (a) do not apply to
records prepared or received other than pursuant to a state statute
or county charter, or records that are not expressly required by law
to be filed and preserved.
For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.
(c) The county clerk having custody of the original or a copy of
the articles of any corporation may cause the destruction of any or
all the documents. "Articles" includes the articles of incorporation,
amendments thereto, amended articles, restated articles, certificate
of incorporation, certificates of determination of preferences,
dissolution certificates, merger certificates, and agreements of
consolidation or merger.
(d) Notwithstanding any other provision of this section,
destruction of the original records, papers, or documents is not
authorized when the method of reproduction pursuant to this section
is reproduction of electronically recorded video images on magnetic
surfaces unless a duplicate videotape of the images is separately
maintained. A duplicate copy of a record contained in the electronic
data processing system, on optical disk, or on any other medium that
does not permit additions, deletions, or changes to the original
document shall also be separately maintained.

26205.5. At the request of the county recorder, the board of
supervisors of any county may authorize the destruction of any or all
of the filed papers or record books created by handwriting, typing
on printed forms, by typewriting, or by photographic methods, in the
recorder's official custody, if all of the following conditions are
complied with:
(a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data processing
system, recorded on optical disk, reproduced on film or any other
medium that is a trusted system and that does not permit additions,
deletions, or changes to the original document, or reproduced under
the direction and control of the county recorder on film, optical
disk, or any other medium in compliance with Section 12168.7 for
recording of permanent records or nonpermanent records.
(b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one that accurately and
legibly reproduces the original thereof in all details and that does
not permit additions, deletions, or changes to the original document
images.
(c) The photographs, microphotographs, or other reproductions on
film, optical disk, or any other medium are made as accessible for
public reference as the original records were.
(d) A true copy of archival quality of the film, optical disk, or
any other medium reproductions shall be kept in a safe and separate
place for security purposes.
However, no page of any record, paper, or document shall be
destroyed if any page cannot be reproduced on film with full
legibility. Every unreproducible page shall be permanently preserved
in a manner that will afford easy reference.
For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.

26205.6. (a) Notwithstanding any other law relating to the
destruction of city or county records, the county recorder may cause
to be destroyed any original document left with and recorded by the
county recorder which is undeliverable by mail and uncalled for for
10 years or more after the date of recording.
(b) Notwithstanding any other law relating to the destruction of
city or county records, the county recorder may cause to be destroyed
any original document left with and recorded by the county recorder
by permanent photographic means which is undeliverable by mail and
uncalled for two years or more after the date of recording.
(c) For purposes of this section, "destroy" means destroy or
dispose of for purposes of destruction.

26205.7. Recognizing that certain early created handwritten records
of the county recorder may be of historical value, the recorder
shall, prior to destroying any of his handwritten records under the
authority granted in Section 26205.5, notify the Secretary of State
of his intention to destroy or dispose of such records. The Secretary
of State shall have 90 days to request the transfer of such records.
If the Secretary of State does not request the transfer of such
records, the county recorder may destroy them pursuant to Section
26205.5.

26205.8. Notwithstanding any other provision of law relating to the
destruction of attorney-client information or county records, at the
request of the public defender, the board of supervisors may
authorize the destruction of nonfelony public defender records eight
years after final disposition of a case.

26206. The board of supervisors of any county may prepare, procure
and present commemorative medals, resolutions, plaques, or other
memorials honoring persons who have performed unique or particularly
noteworthy public service or commemorating acts, accomplishments,
events, or anniversaries of public significance and importance. Any
such award presented under the authority of this section shall be of
nominal value and cost.

26206.7. Notwithstanding the provisions of Section 26202, the
legislative body of a county may prescribe a procedure whereby
duplicates of county records less than two years old may be destroyed
if they are no longer required.
For purposes of this section, video recording media, including
recordings of "routine video monitoring" pursuant to Section 26202.6,
shall be considered duplicate records if the county keeps another
record, such as written minutes or an audio recording, of the event
that is recorded in the video medium. However, a video recording
medium shall not be destroyed or erased pursuant to this section for
a period of at least 90 days after occurrence of the event recorded
thereon.

26206.8. (a) When installing new security systems, a transit agency
operated by a county shall only purchase and install equipment
capable of storing recorded images for at least one year, unless all
of the following conditions apply:
(1) The transit agency has made a diligent effort to identify a
security system that is capable of storing recorded data for one
year.
(2) The transit agency determines that the technology to store
recorded data in an economically and technologically feasible manner
for one year is not available.
(3) The transit agency purchases and installs the best available
technology with respect to storage capacity that is both economically
and technologically feasible at that time.
(b) Notwithstanding any other provision of law, video recordings
or other recordings made by security systems operated as part of a
public transit system shall be retained for one year, unless one of
the following conditions applies:
(1) The video recordings or other recordings are evidence in any
claim filed or any pending litigation, in which case the video
recordings or other recordings shall be preserved until the claim or
the pending litigation is resolved.
(2) The video recordings or other recordings recorded an event
that was or is the subject of an incident report, in which case the
video recordings or other recordings shall be preserved until the
incident is resolved.
(3) The transit agency utilizes a security system that was
purchased or installed prior to January 1, 2004, or that meets the
requirements of subdivision (a), in which case the video recordings
or other recordings shall be preserved for as long as the installed
technology allows.

26207. The board of supervisors may offer and pay rewards, payable
from county funds, for the furnishing of information leading to the
apprehension and conviction of persons who willfully destroy or
damage property of the county or who commit within the county
criminal acts against the person or residence of a public officer or
employee.

26208. The board of supervisors may establish a uniform procedure
for the payment of rewards, payable from county funds, for ideas or
suggestions made by members of the public which the board determines,
in its discretion, would reasonably result in financial savings to
the county.

26209. The Board of Supervisors of the County of Humboldt may
establish a uniform procedure for the payment of rewards, payable
from county funds, for ideas or suggestions made by county employees
or members of the public which the board determines, in its
discretion, would reasonably result in financial savings to the
county.

26220. (a) The board of supervisors may, by a four-fifths vote of
its members, assign for purposes of collection, under any terms and
conditions that the board may prescribe, any or all delinquent bills,
claims, and accounts, 30 days after the date upon which they are due
and payable to the county, and any or all money judgments taken in
the name of the county.
(b) The board of supervisors may, by a four-fifths vote of its
members, and with the approval of the tax collector, assign for
purposes of collection under such terms and conditions as the board
may prescribe, any or all delinquent unsecured taxes 90 days after
the date upon which they are due and delinquent when, in the judgment
of the tax collector, the remedy set forth in Section 2951 of the
Revenue and Taxation Code will not be used by the tax collector.
(c) The board of supervisors may assign, for purposes of securing
any financing of the same, any obligations arising out of any
delinquent assessments or taxes levied on the secured roll by the
county or any other political subdivision of the state. No assignment
to a collection agency shall be made of obligations arising out of
any delinquent assessments or taxes levied on the secured roll by the
county or any other political subdivision of the state.

26220.5. (a) Notwithstanding Section 26220, in Orange County, upon
a four-fifths vote of the board of supervisors, the board of
supervisors may sell or assign, for purposes of securing any
financing of the same, any obligations arising out of any delinquent
assessments or taxes levied on the secured roll by the county or any
other political subdivision of the state. The sale or assignment may
be to a joint powers agency, established in Orange County, that is
purchasing the obligations pursuant to Section 6516.3. No assignment
to a collection agency shall be made of obligations arising out of
any delinquent assessments or taxes levied on the secured roll by the
county or any other political subdivision of the state.
(b) If the Orange County Board of Supervisors sells or assigns any
obligation arising out of any delinquent assessments or taxes levied
on the secured roll by the county or any other political subdivision
of the state to a joint powers authority pursuant to subdivision
(a), the joint powers authority may, in addition to the powers
provided in Chapter 6.6 (commencing with Section 54773) of Part 1 of
Division 2 of Title 5, in 1995 or 1996, issue one 20-year bond issue
for the purposes of refinancing notes issued to finance advances of
moneys representing uncollected taxes in accordance with Section 4705
of the Revenue and Taxation Code and for further financing of
uncollected taxes. This bond issue may consist of one or more series
providing differing payment priorities. The principal amount of the
issue outstanding may be decreased or increased during the 20-year
term of the issue, but may not exceed the principal amount originally
issued in 1995 or 1996.

26221. As a prerequisite to assignment under Section 26220, the
board of supervisors shall require the collection agency to furnish a
bond in the sum of not less than ten thousand dollars ($10,000)
payable to the county and executed by a corporate surety licensed to
do business in this State for the faithful performance of the terms
and conditions of the assignment. The board may order the county
auditor to make periodic audits of the accounts and books of the
collection agency and when so ordered the auditor shall report his
findings to the board.

26222. The assignee, through an attorney duly licensed to practice
in this State, may invoke legal process in the collection of
obligations assigned.

26223. Any of the revenues received by a county under a sales and
use tax adopted by the board of supervisors in accordance with the
provisions of Part 1.5 (commencing with Section 7200) of Division 2
of the Revenue and Taxation Code attributable to either the sale of
tangible personal property at retail within the unincorporated area
of such county or the storage, use or other consumption of tangible
personal property in such unincorporated area, if such property is
purchased for the storage, use or other consumption in such
unincorporated area, may be used on order of the board of supervisors
for the current operating costs of, or any capital outlay project
required by, any district which is located entirely or in part within
the unincorporated area of such county.
For the purposes of this section, "district" does not include a
school district.

26224. The board of supervisors of any county may contract with any
community council or council on social planning functioning within
the county, which council has as a primary purpose the promotion of
the public health, safety, and welfare, and which is financed in
whole or in part by charitable contributions, to receive from such
council the services of advice, counsel, consultation, plans,
proposals, and recommendations concerning the development and conduct
of effective programs to meet the social needs of the population of
the county, including, but not limited to, recreational needs, and
the needs of physically, mentally, and financially handicapped
persons and aged persons.

26225. The board of supervisors of one or more counties may
authorize studies of the feasibility of a high-speed transit system,
to operate in one or more counties.

26226. The board of supervisors of one or more counties may loan up
to fifty thousand dollars ($50,000) to a transit district located
wholly or partially within such county or counties for transit
planning and development during the year following voter approval of
the district's organization.

26227. The board of supervisors of any county may appropriate and
expend money from the general fund of the county to establish county
programs or to fund other programs deemed by the board of supervisors
to be necessary to meet the social needs of the population of the
county, including but not limited to, the areas of health, law
enforcement, public safety, rehabilitation, welfare, education, and
legal services, and the needs of physically, mentally and financially
handicapped persons and aged persons.
The board of supervisors may contract with other public agencies
or private agencies or individuals to operate those programs which
the board of supervisors determines will serve public purposes. In
the furtherance of those programs, the board of supervisors may make
available to a public agency, nonprofit corporation, or nonprofit
association any real property of the county which is not and, during
the time of possession, will not be needed for county purposes, to be
used to carry out the programs, upon terms and conditions determined
by the board of supervisors to be in the best interests of the
county and the general public, and the board of supervisors may
finance or assist in the financing of the acquisition or improvement
of real property and furnishings to be owned or operated by any
public agency, nonprofit corporation, or nonprofit association to
carry out the programs, through a lease, installment sale, or other
transaction, in either case without complying with any other
provisions of this code relating to acquiring, improving, leasing, or
granting the use of or otherwise disposing of county property.
A program may consist of a community support program including a
charitable fund drive conducted in cooperation with one or more
nonprofit charitable organizations if the board of supervisors deems
a program will assist in meeting the social needs of the population
of the county. If the board establishes a program, the officers and
employees of the county shall have the authority to carry out the
program, using county funds and property if authorized by the board.
During working hours, a program may include direct solicitation by
county officers and employees and the assignment of officers and
employees to attend or assist in the administration of program
activities if authorized by the board.

26229. Nothing in any other provision of law shall prohibit the
board of supervisors of a county having a population in excess of
6,000,000 persons from establishing by ordinance a department or
agency into which any or all of the duties of the county departments
or offices regarding protective services to juveniles may be placed.
The Health and Welfare Agency shall seek any necessary waivers
from the federal government on behalf of a county electing to
establish a department or agency pursuant to this section. The county
department or agency permitted to be established pursuant to this
section shall not be established unless and until all necessary
waivers from the federal government have been obtained.
Except insofar as the cost of seeking necessary federal waivers is
concerned, this section shall not require any additional expenditure
of state funds.

26230. As a means of implementing a county underground utility
ordinance adopted to remove existing overhead utility lines and to
require property owners served by the lines, to prepare their
properties to accept underground utility lines, counties may provide
by ordinance that if any property owner, after due notice, refuses to
comply within a reasonable time to effect the removal or preparation
in accordance with the applicable rules of the utility involved the
county may cause the work to be done and assess the costs of the work
against the property and that the assessment shall become a lien
against the property. The assessment may be collected at the same
time and in the same manner as ordinary county ad valorem taxes are
collected, and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for these
taxes. All laws applicable to the levy, collection, and enforcement
of county ad valorem taxes shall be applicable to the assessment.