All elective officers of the County and all officers appointed
by the Board of Supervisors, shall cooperate with the said County
Executive to the end that complete coordination of all officers, services
and employment, shall be accomplished, and the refusal of any such
officer to so cooperate shall be deemed willful misconduct on the
part of the officer so refusing.
Whenever any person in the service of the County is compelled
to travel in the performance of his duty, he shall, in addition to
his regular compensation, be reimbursed for his actual and necessary
expenditures for transportation, lodging and meals. An itemized account
of such expenditures shall be filed with and approved by the Auditor
before payment. The Board of Supervisors shall fix a maximum price
to be paid for such travel, lodging and meals, which shall be applicable
to all such persons alike, including members of said Board of Supervisors.
No attorney, agent or employee of any firm, association or corporation
doing business under or by virtue of any franchise granted by or contract
made with the County, or financially interested in any such franchise
or contract, shall be eligible to hold any appointive compensated
county office.
Relatives to the third degree, whether by blood or marriage,
of any officer making an appointment pursuant to the provisions of
this Charter shall be ineligible to hold any appointive office or
employment, under such officer. Nepotism shall be avoided in all public
county employment.
All persons holding any office or employment under the County
of Sacramento, whether elective or appointive, except members of the
Board of Supervisors, shall be required to engage in the active work
of the office or employment so held to the extent that their services
may be necessary for the full and complete discharge of the duties
of such office or employment.
(1953)
Appointive officers or employees serving with compensation under
this Charter are prohibited from engaging in any political activity
for, or contributing or soliciting funds or support for or in behalf
of, any elective officer provided for herein, or for any candidate
for such elective office. Such activity shall constitute a just cause
for removal.
NOTE: Section 80 is unconstitutional (County Counsel
opinion 68-52, May 21, 1968).
The Board of Supervisors shall cause all motor vehicles belonging
to the County to have painted conspicuously, on each side, the words,
"Property of Sacramento County," "For Official Use Only," except that
such motor vehicles as may be designated by the Sheriff, District
Attorney and Probation Officer, in their respective departments, with
the approval of the Board of Supervisors, as necessary for confidential
departmental investigations, may be exempted from the foregoing provision.
A record shall be kept showing the use of each motor vehicle.
(1957)
No member or members of the Board of Supervisors shall directly
or indirectly coerce or attempt to coerce the County Executive, or
any other county officer appointed or confirmed by the Board, in the
performance of the duties of his office, or attempt to exact any promises
from any candidate for any such office, relative to any appointment
or removal of any county officer, and any violation of the provisions
of this Section shall be willful misconduct of the Supervisor. Except
for the purpose of obtaining information, the Board of Supervisors
and its members shall deal solely and directly through the County
Executive with respect to the part of the county government under
his direction.
In purchases by the County of Sacramento, price and quality
being equal, preference shall be given to Sacramento County products.
If any Section, Subsection, sentence, clause or phrase of this
Charter, is for any reason, held to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the validity
or constitutionality of the remaining portions of this Charter, it
being hereby expressly declared that this Charter and each Section,
Subsection, sentence, clause and phrase thereof would have been prepared
and proposed, adopted, approved and ratified irrespective of the fact
that any one or more other Sections, Subsections, sentences, clauses
or phrases be declared invalid or unconstitutional.
Such headings or captions as precede the respective Articles
and Sections of this Charter are inserted therein for convenience
only, and shall be disregarded in construing said Charter or any part
or portion thereof.
During the time any officer or employee is under suspension
his salary shall cease.
No person shall be appointed to the office of Coroner, whether
or not that office is consolidated with another public office, who
is connected in any way, directly or indirectly, or related by blood
or marriage, to any person, firm or corporation engaged in the mortuary
business.
It shall be the duty of the Board of Supervisors to pass and
adopt such ordinances as may be necessary or proper in order to fully
carry into effect each and every provision of this Charter.
This Section provided that the original Charter would become
effective July 1, 1933, after ratification by the State Legislature.
It is hereby declared to be the policy of the County of Sacramento
that strikes by deputy sheriffs, probation peace officers, and law
enforcement managers are not in the public interest and should be
prohibited and that a method should be adopted for peaceably and equitably
resolving disputes that might otherwise lead to strikes. Any employee
covered by this Article who willfully participates in an illegal strike
or work stoppage shall be subject to disciplinary action up to and
including termination from employment.
(2009)
This Article shall apply to all employees represented by the
labor organizations recognized by the County as representing employees
in the bargaining units originally determined as the Sheriff Law Enforcement
Non-Supervisory Unit (hereinafter referred to as the (003) Non-Supervisory
Law Enforcement Unit), the Probation Non-Supervisory Unit, and the
Law Enforcement Management Unit.
(2009)
The County, through its duly authorized representatives, shall
negotiate in good faith with the organizations recognized as representing
the (003) Non-Supervisory Law Enforcement Unit, the probation Non-Supervisory
Unit, and the Law Enforcement Management Unit on all matters relating
to the wages, hours, and other terms and conditions of County employment,
including the establishment of procedures for the resolution of grievances
concerning the interpretation or application of a negotiated agreement.
Unless and until agreement is reached through negotiations between
authorized representatives of the County and the organization recognized
as representing the (003) Non-Supervisory Law Enforcement Unit or
the organization recognized as representing the Probation Non-Supervisory
Unit or the organization recognized as representing the Law Enforcement
Management Unit or a determination is made through the impartial arbitration
procedure hereinafter provided, no existing benefit, term or condition
of employment for said employee organizations (003) shall be altered,
eliminated or changed.
(2009)
(a) All disputes
or controversies pertaining to wages, hours or terms and conditions
of employment which remain unresolved after good faith negotiations
between the County and the organization recognized as representing
the (003) Non-Supervisory Law Enforcement Unit or the organization
recognized as representing the Probation Non-Supervisory Unit or the
organization recognized as representing the Law Enforcement Management
Unit shall be submitted to a three-member Board of Arbitrators upon
the declaration of an impasse by the county or by the employee organization
involved in the dispute.
(b) Representatives
designated by the County and representatives of the employee organization
involved in the dispute shall each select and appoint one arbitrator
to the Board of Arbitrators within three days after either party has
notified the other, in writing, that it desires to proceed to arbitration.
The third member of the Arbitration Board shall be selected by agreement
between the county and the employee organization, and shall serve
as the neutral arbitrator and Chairperson of the Board. In the event
that the County and the employee cannot agree upon the selection of
the neutral arbitrator within 10 days from the date that either party
has notified the other that it has declared an impasse, either party
may then request the State Mediation and Conciliation Service for
the State of California Department of Industrial Relations to provide
a list of seven persons who are qualified and experienced as labor
arbitrators. If representatives of the county and the employee cannot
agree within three days after receipt of such list on one of the seven
persons to act as the neutral arbitrator, they shall alternately strike
names from the list of nominees until one name remains and that person
shall then become the neutral arbitrator and Chairperson of the Arbitration
Board.
(c) Any arbitration proceeding convened pursuant to this Article shall be conducted in conformance with, subject to, and governed by Title
9 of Part 3 of the California
Code of Civil Procedure. The Arbitration Board shall hold public hearings, receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Arbitration Board, in the exercise of its discretion, may meet privately with the parties and mediates or "mede-arb" issues in dispute. The Arbitration Board may also adopt such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process.
(d) In the
event no agreement is reached prior to the conclusion of the arbitration
hearings, the Arbitration Board shall direct each of the parties to
submit, within such time limit as the Arbitration Board may establish,
a last offer of settlement on each of the remaining issues in dispute.
The Arbitration Board shall decide each issue by majority vote by
selecting whichever last offer of settlement on that issue it finds
most nearly conforms to those factors traditionally taken into consideration
in the determination of wages, hours, benefits and terms and conditions
of employment of public and private employment, including but not
limited to the following: changes in the average consumer price index
for goods and services; the wages, hours, benefits and terms and conditions
of employment of employees performing similar services to the extent
that such can be reasonably done; and the financial condition of the
County of Sacramento and its ability to meet the costs of the decision
of the Arbitration Board.
(e) After reaching
a decision, the Arbitration Board shall mail or otherwise deliver
a true copy of its decision to the parties. The decision of the Arbitration
Board shall not be publicly disclosed and shall not be binding until
10 days after it is delivered to the parties. During that 10 day period
the parties shall meet privately, attempt to resolve their differences,
and by mutual agreement amend or modify the decision of the Arbitration
Board. At the conclusion of the 10 day period, which may be extended
by mutual agreement between the parties, the decision of the Arbitration
Board, as it may be modified or amended by the parties, shall be publicly
disclosed and shall be binding on the parties. The County and the
employee organization involved in the dispute shall take whatever
action is necessary to carry out and effectuate the arbitration award.
No other actions by the County Board of Supervisors or by the electorate
to confirm or approve the decision of the Arbitration Board shall
be required or permitted.
(f) The expenses
of any arbitration proceeding convened pursuant to the Article, including
the fee for the services of the chairperson of the Arbitration Board
and the costs of preparation of the transcript of the proceedings,
shall be borne equally by the parties. All other expenses which the
parties may incur individually are to be borne by the party incurring
such expenses.
(2009)
(a) Notwithstanding
any other provision of the Charter, in the event a ballot measure
is approved at the June 2, 1998, primary election, or at any election
thereafter, to amend this Charter to require any labor contracts to
be submitted to binding arbitration, the results of such arbitration
as to certain contract provisions shall be binding only to the extent
that those provisions, as designated herein, are approved by the majority
of the voters voting in a county-wide election in which the question
of approval or disapproval is placed in accordance with the requirements
of this section.
(b) In the
event of arbitration resulting from a Charter amendment described
in subdivision (a) of this section, the Board of Supervisors shall
cause provisions of a contract between the county and the affected
employee organization approved by the arbitration panel to be submitted
to the voters only as follows:
(1) If in
the sole and absolute discretion of the Sheriff, or the Chief Probation
Officer, any portion of an arbitration panel's decision would substantially
interfere with management's prerogative to deploy or assign personnel,
that portion only of the panel's decision must, prior to implementation,
be submitted to the electorate in accordance with this section;
(2) If in
the sole and absolute discretion of the Board of Supervisors, any
portion of the arbitration panel's decision would, absent diversion
of funds deemed necessary by the Board for other County programs or
services, require a tax increase to fund the decision, that portion
only of the panel's decision must, prior to implementation, be submitted
to the electorate in accordance with this section;
(3) If neither
the Sheriff, the Chief Probation Officer, nor the Board of Supervisors
makes requisite findings within 10 days of receipt of notice of the
arbitration panel's decision, no voter approval shall be required
and the contract shall become effective in accordance with other provision
of this Charter.
(c) If any portion of an arbitration panel's decision is submitted to the electorate in accordance with this section, the contract provision of any existing or expired contract which are modified or amended by the arbitrator panel's decision shall continue to be binding and effective pending voter approval and certification of the election results in accordance with subsection
(d) of this section.
(d) Upon approval
of provisions of a contract by the voters, those provisions shall
become effective no later than 30 days from the date election results
are certified by the Registrar of Voters.
(e) Upon disapproval
of provisions of a contract by the voters, the decision of the arbitrator(s)
as to those issues shall be null and void and the County and affected
collective bargaining unit(s) may resume the bargaining process in
the same manner as though arbitration on those issues had not yet
occurred.
(f) All other
contract provisions approved by arbitration required by this Charter
and not subject to voter approval shall be given effect in the manner
required by this Charter unless modified by agreement of the parties.
(g) In the
event contract provisions are to be submitted to the electorate pursuant
to this section, the Board of Supervisors shall cause the matter to
be placed before the voters of the County at the next regularly scheduled
election date on which such a question can be placed on the ballot.
(h) This section
shall apply only to those labor contracts subject to any Charter amendment
approved at the June 2, 1998, primary election requiring such contracts
to be submitted to binding arbitration.
(2009)