ARTICLE XII.
Miscellaneous
Sec. 51: Each county or township officer, Board or Commission shall appoint, from the eligible civil service list, for either permanent or temporary service, all assistants, librarians, deputies, clerks, attachés and other persons in the office or department of such officer, Board or Commission, as the number thereof is fixed and from time to time changed by the Board of Supervisors; provided, that appointments to the unclassified service in their respective offices and departments shall be made by such officers, Boards and Commissions, without reference to such eligible list.
Sec. 52: The compensation of any elective county or township officer shall not be increased nor diminished during the term for which he was elected, nor within ninety days preceding his election.
No compensation for any position, nor of any person under civil service, shall be increased or diminished without the consent of the Civil Service Commission specifically given thereto in writing.
Sec. 53: 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 necessary expenditures for transportation, the hire of conveyances, and for lodging and meals. An itemized account of such expenditures shall be filed with the Clerk of the Board of Supervisors and be approved by the Auditor before being paid. The Board of Supervisors shall fix a maximum price to be paid for such lodging and meals, which shall be uniform and be made applicable to all persons alike, including members of the Board of Supervisors.
Sec. 54: No attorney, agent, stockholder 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, shall, nor shall any person doing such business, nor shall any person financially interested in any such franchise or contract, be eligible to or hold any appointive county office.
Sec. 55: The District Attorney, Public Defender, County Counsel, and their deputies, shall not engage in any private law practice, and they shall devote all their time and attention during business hours to the duties of their respective offices.
Sec. 56: Nothing in this Charter is intended to affect, or shall be construed as affecting, the tenure of office of any of the elective officers of the county or of any district, township or division thereof, in office at the time this Charter goes into effect, and such officers shall continue to hold their respective offices until the expiration of the term for which they shall have been elected unless sooner removed in the manner provided by law; nor shall anything in this Charter be construed as changing or affecting the compensation of any such officer during the term for which he shall have been elected. But the successors of each and all of such officers shall be elected or appointed as in this Charter provided, and not otherwise.
Sec. 57: This Charter shall take effect at noon on the first Monday in June, 1913.
We, the undersigned members of the Board of Fifteen Freeholders of the County of Los Angeles, in the State of California, elected at a special election held in the said County on the 14th day of May, 1912, to prepare and provide a Charter for the said County, under and in accordance with Section 7 1-2 of Article XI of the Constitution of this state, have prepared, and we do hereby propose, the foregoing as and for a Charter for said County.
IN WITNESS WHEREOF, we hereunto sign our names in duplicate this twenty-fourth day of September, 1912.
- Lewis R. Works, Chairman.
- Frederick Baker,
- Willis H. Booth,
- T. H. Dudley,
- William A. Engle,
- David Evans,
- H. C. Hubbard,
- J. M. Hunter,
- George F. Kernaghan,
- Frank R. Seaver,
- J. H. Strine,
- Charles Wellborn.
APPENDIX C
PROPOSED COUNTY HOME RULE IN NEW YORK
[Below is the text of a constitutional amendment introduced in the Legislature of New York in 1916 by the County Government Association of New York State. The general object of this amendment is to limit the amount of special legislation affecting counties by empowering boards of supervisors to deal with many subjects of administrative organization and detail over which at present they have no general jurisdiction. The amendment anticipates legislation under which counties by referendum would be able to adopt one of several simplified forms of government in substitution for the existing form.]
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
Proposing the repeal of sections twenty-six and twenty-seven of article three, the insertion of two new sections at the beginning of article ten, to be numbered sections one and two, respectively, and the renumbering and amendment of sections one to nine, respectively, of article ten of the constitution.
Section 1. Resolved (if the Senate concur), That sections twenty-six and twenty-seven of article three be hereby repealed.
§ 2. Resolved (if the Senate concur), That article ten of the constitution be hereby amended by inserting therein two new sections at the beginning thereof, to be numbered sections one and two, respectively, to read as follows:
§ 1. [30]Laws relating to the government of counties and to the methods of selection, terms of office, removal and compensation of county officers shall be general laws, both in terms and in effect. The board of supervisors of any county, the members of which shall be elected in the year one thousand nine hundred and seventeen or thereafter, may repeal such sections of any law then in force as shall relate to the foregoing subjects and affect exclusively such county. The legislature may pass a law authorizing any county, except a county wholly in a city, upon petition of a percentage of the electors thereof to be determined by the legislature, to adopt one of such optional forms of county government as may be set forth in such law. Such law may authorize the selection of any county officer or officers by the electors, by the board of supervisors or by other county officers, and provide for the removal of officers so selected; it may confer upon the board of supervisors such powers of local legislation, government and administration as the legislature may deem expedient.
§ 2. There shall be in each county, except a county wholly included in a city, a board of supervisors, to be composed of such members and chosen by the electors of the county or of its several subdivisions in such manner and for such period as is or may be provided by law. In a city which includes an entire county or two or more counties, the powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, board of aldermen or other legislative body of the city.
§ 3. Resolved (if the Senate concur), That sections one and two of article ten of the constitution be renumbered respectively sections three and four and be hereby amended to read as follows:
§ [1]3. Sheriffs, clerks of counties, district attorneys and registers, in counties having registers, shall be chosen by the electors of the respective counties [once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, in every two or four years], as the legislature shall direct, unless and until the electors in the manner provided in section one hereof shall adopt other methods of selection. Sheriffs shall hold no other office and [be ineligible for the next term after the termination of their offices. They] may be required by law to renew their security from time to time, and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected or appointed; giving to such officer a copy of the charges against him and an opportunity of being heard in his defense.
§ [2]4. All county officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities as the legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this constitution shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the legislature may direct. Nothing in this section shall prevent the transfer in whole or in part, of the functions of any town or village officer to any county officer, or the transfer in whole or in part of the function of any county officer to any town or village officer.
§ 4. Resolved (if the Senate concur), That sections three, four, five, six, seven, eight and nine of article ten of the constitution be hereby renumbered five, six, seven, eight, nine, ten and eleven, respectively.
[30] Explanation:—Matter in italics is new; matter in brackets [] is old law to be omitted.
APPENDIX D
PROPOSED COUNTY MANAGER LAW IN NEW YORK
[This is the text of a bill introduced in the New York legislature at its session in 1916 at the instance of the County Government Association of New York State. For summary and comment on its provisions see pp. 178, 179.]
AN ACT
PROVIDING AN OPTIONAL FORM OF COUNTY GOVERNMENT FOR COUNTIES NOT WHOLLY INCLUDED IN A CITY
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter sixteen of the laws of nineteen hundred and nine, entitled “An act in relation to counties, constituting chapter eleven of the consolidated laws,” is hereby amended by adding after article fourteen-a a new article, to be article fourteen-b, to read as follows: