SECTIONS 26671-26672 - California Statutes

GOVERNMENT CODE

SECTION 26671-26672

26671. This article shall apply only to a county of the 17th class.
It shall be known as the Santa Barbara County Court Services
Consolidation Act of 1996.

26671.1. Notwithstanding any other provision of law, the Board of
Supervisors of Santa Barbara County may, by ordinance, abolish the
office of Marshal of Santa Barbara County and the Santa Barbara
County Marshal's Office and consolidate the services and personnel of
the Santa Barbara County Marshal into the Santa Barbara County
Sheriff's Department.
Upon the effective date of that consolidation ordinance, there
shall be established within the Santa Barbara County Sheriff's
Department a unit designated as the court services division. The
Sheriff of Santa Barbara County shall be responsible for the
management and operation of that unit, in accordance with this
article.

26671.2. (a) All persons who, immediately preceding the effective
date of abolition of the marshal's office, are assigned to the
marshal's office in management, administrative, supervisory, peace
officer, clerical, and other positions shall, on the effective date
of the abolition, be assigned to the sheriff's department in the same
classification, or if such classifications are not within the
department, a comparable classification; and no probationary or
permanent employee shall be laid off as a result of the
implementation of the abolition and consolidation.
(b) No personnel of the marshal's office shall be reduced in rank
or salary, otherwise be demoted, or lose peace officer status. Upon
abolition and consolidation, all county service of personnel assigned
to the marshal's office shall be counted toward county seniority.
(c) Clerical personnel described in subdivision (a) shall become
members of the court services division and shall not be involuntarily
transferred from the court services division to any other division
within the sheriff's department.
(d) The incumbent marshal shall be assigned to the classification
of sheriff's commander and shall be in charge of the court services
division. One assistant marshal shall be assigned to the
classification of sheriff's lieutenant and shall be assigned to the
court services division. The remaining assistant marshal position
shall be reclassified. Deputy marshals performing bailiff functions
shall be assigned to an equivalent classification in the court
services division and those deputy marshals shall not be
involuntarily transferred from the court services division to any
other division within the sheriff's department.
(e) Notwithstanding any other provision of law, the incumbent
marshal, upon consolidation, shall be reinstated as a member of the
Santa Barbara County Employees' Retirement System, and by the board
of supervisor's adoption of an ordinance abolishing the office of
marshal and consolidating the offices of sheriff and marshal, Section
31680.7 relating to reemployment after retirement shall be
applicable to the incumbent marshal.
(f) Personnel of the marshal's office shall be entitled to request
assignment to other divisions within the sheriff's department which
requests will be reviewed as any other such request in the
department. Acceptance of a voluntary transfer by a deputy marshal
shall invalidate any right of reassignment to the court services
division. Any personnel action pursuant to this section shall be in
accordance with the personnel policies, memoranda of understanding,
and rules and procedures of the sheriff's department and Santa
Barbara County.
(g) No provision of this section shall be deemed to restrict the
authority of the sheriff to discipline any employee in accordance
with county personnel policies, and memoranda of understanding, or
rules and procedures otherwise applicable, and except as otherwise
expressly provided in this section, the discretion of the sheriff to
assign, promote, direct, and control employees formerly assigned to
the marshal's office shall not be deemed in any manner restricted by
virtue of the abolition or consolidation.

26671.4. Notwithstanding any other provision of law, upon
consolidation the sheriff shall provide to the superior court within
Santa Barbara County the following services:
(a) Court security services, including prisoner transportation
services, prisoner escort services, bailiff services, courthouse and
other security services, and the execution of court orders and bench
warrants requiring the immediate presence in court of a defendant or
witness.
(b) Notice and process services, including service of summons,
subpoenas, warrants, and other civil and criminal process.

26671.5. (a) The sheriff shall provide, within the limits of the
resources at his or her disposal, those services enumerated in
Section 26671.4, to the superior court of at least as high a quality
as were provided preceding the abolition and consolidation. In no
event shall the resources committed to those services be less than
necessary for the proper functioning of the Santa Barbara County
Superior Court.
(b) Upon the effective date of consolidation, the regular
assignment of bailiffs to individual courtrooms shall be made by the
commander of the court services division with the concurrence of the
individual judicial officer in whose courtroom the assignment is to
be made.

26671.6. (a) Effective upon consolidation, there shall be created a
Court Services Oversight Committee consisting of the presiding judge
of the superior court and one judge to be selected by the sheriff.
(b) Members of the Court Services Oversight Committee shall serve
for a term of two years, or as otherwise designated by the appointing
authorities.
(c) The duties of the Court Services Oversight Committee shall be
those prescribed by this article.

26671.7. (a) The Court Services Oversight Committee shall advise
the sheriff concerning the operations of the courts services
division, including, but not limited to, those services enumerated in
Section 26671.4, shall make recommendations to the sheriff
concerning policies and procedures affecting the operations of the
court services division, and shall review court security plans and
measures affecting the operations of the court services division and
make such recommendations to the sheriff as the committee deems
appropriate.
(b) The sheriff shall consult with the Court Services Oversight
Committee before regularly assigning newly hired personnel or
transferring personnel into the court services division.

26671.8. Nothing in this article shall be deemed in any manner to
limit or otherwise impair the legal power vested by other laws in the
superior court within Santa Barbara County to secure proper
provision of court-related services.

26672. (a) This article shall remain in effect only until January
1, 2018, and as of that date is repealed unless a later enacted
statute, which is enacted before January 1, 2018, deletes or extends
that date.
(b) The repeal of this article does not affect any right or
benefit to which a person was entitled on the date of repeal.