Local Government
Section § 1
This section explains that California is split into counties, which are state subdivisions. The state legislature sets the rules for creating, merging, or altering counties, which need majority voter approval. Changing county borders requires each county's governing body's approval. Moving a county seat needs a two-thirds vote by county voters and can only be considered once every four years.
Additionally, each county must have elected officials like a sheriff, district attorney, and assessor, alongside an elected governing body, which decides its own pay but is subject to voter approval. The legislature or governing body can also decide on other officers and the terms for county employees.
Section § 2
This section of the law outlines how cities are formed and how their powers are defined. The legislature is responsible for setting up the rules for creating new cities and determining what powers they have. Also, a city cannot be merged with or joined to another city unless a majority of voters in the city agree to it.
Section § 3
In California, a county or city can create its own charter, which is a local constitution, by getting a majority vote from the residents. This document becomes official once it's filed with the Secretary of State. Charters can be changed, updated, or removed in the same way, and any changes must be published. A county's charter will override any existing charters or laws that don't align with it.
The city or county leaders or a specially formed group can propose changes to the charter. Residents can also propose changes through an initiative. Elections might be held to decide whether to create or update a charter, and these can be initiated by residents or leaders.
If two proposals in the same election contradict each other, the one with more support is the one that stands.
Section § 4
This section explains how county charters in California should be organized. The governing body must have at least five members, elected either by district or at large, with some living in the district they represent. County charters cover rules about member salaries, terms, removal, and more.
They must elect a sheriff, district attorney, and assessor, while detailing their roles and how they are appointed or removed. These charters also outline the responsibilities of all county officers and how vacancies are filled. Counties can regulate staff positions, duties, and pay. Once a charter is adopted and approved, it can override general state laws for that county.
Charter counties have all the power granted by the state constitution or statutes.
Section § 5
This law states that cities in California can create and enforce their own rules regarding municipal matters, as long as they abide by their city charters and any relevant general laws. New city charters can replace outdated ones, and supersede any conflicting laws on city issues.
Additionally, cities can include extra provisions in their charters about organizing their police force, governing different areas within the city, managing city elections, and deciding how to appoint, pay, and manage city employees. These powers are broad but must still follow the overall restrictions outlined in the Constitution.
Section § 6
This law allows a county and all the cities within it to join together and form what is known as a charter city and county. This new entity will have combined powers of both a charter city and a charter county, but if there is any conflict, the powers of the charter city will take precedence over those of the charter county.
Section § 7
This section states that cities and counties in California have the power to create and enforce their own local rules and regulations on issues like policing and sanitation, as long as these rules do not conflict with state laws.
Section § 7.5
This law states that when a city or county in California proposes a measure for voters to decide on, it cannot be designed in a way that applies only to parts of that city or county based on how people vote. Also, such measures can't have different rules or outcomes that depend on a specific percentage of votes for or against them. A "city or county measure" includes things like advisory questions, charter amendments, or bond propositions that are voted on across the whole city or county.
Section § 8
This section allows counties in California to take on city responsibilities if the cities request it. Additionally, if both the county and city have it in their charters, they can make an agreement for the county to handle specific city functions.
Section § 9
This law allows a city (municipal corporation) to create, buy, and run public utilities like power and water for its residents. The city can also offer these services to people outside its area unless another city is already providing the same service and doesn’t agree to it.
Additionally, individuals or companies can also set up services like these, but they have to follow the city's rules and regulations.
Section § 10
This law states that local government bodies in California cannot give extra pay or bonuses to public officials, employees, or contractors after their services are completed or contracts fulfilled unless it was authorized by law. Additionally, cities and counties cannot require their employees to live within their boundaries, although they can mandate that employees live a reasonable and specified distance from their workplace or another designated location.
Section § 11
This law says that the California Legislature cannot let private individuals or groups take control of how county or city improvements, money, or property are managed. They also can't allow them to perform municipal functions or collect taxes and assessments.
However, the Legislature is allowed to handle public money by depositing it in banks, credit unions, or savings and loans in California. It can also arrange for investment and manage debt payments through banks and private trustees, whether they're inside or outside the state.
Section § 12
This law allows the California Legislature to set up the rules and processes for how people can make claims against local governments like counties and cities, as well as their officers, agents, or employees. Essentially, there are specific procedures for how you can legally pursue these claims.
Section § 13
This section explains that specific parts of the California Constitution are being clarified but not actually changed. It's about how power is divided between the state and local governments. The terms used are consistent with past definitions, so there are no new meanings or changes being made here.
Section § 14
If a new local government is created and it covers areas in two or more counties, it cannot charge a property tax unless most voters in that area agree to it in an election.
Section § 15
This law explains how money collected from vehicle license fees, set at 0.65% of a vehicle's market value, is distributed. First, a portion goes into the Local Revenue Fund, which supports local governments. The rest is divided among cities and counties based on current laws. If the fee percentage drops, the law ensures that the amount lost is covered by additional funds, which are then distributed in the same way to support local government budgets.