The County: The "Dark Continent" of American Politics

by Henry S. Gilbertson

Recall

Sec. 50: The holder of any elective or appointive county or township office may be recalled by the electors at any time after he has held his office six months. The provisions of this Article shall apply to officials now in office, and to those hereafter elected or appointed. Such recall shall be affected as follows: A petition demanding the election or appointment of a successor to the person sought to be recalled shall be filed with the Registrar of Voters, which petition shall be signed by qualified voters equal in number to at least fifteen per cent. of the entire vote cast within the county for all candidates for the office of Governor of the state at the last preceding election at which a Governor was elected (or at least twenty-five per cent. of such vote cast within the district or township for which the officer sought to be recalled was elected or appointed, in case of an official not elected by or appointed for the county) and shall contain a statement of the grounds on which the recall is sought. No insufficiency of form or substance in such statement shall affect the validity of the election and proceedings held thereunder. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of occupation and residence, giving street and number or if no street or number exist, then such a designation of his residence as will enable the location to be readily ascertained. To each separate paper of such petition shall be attached an affidavit made by a qualified elector of the county, stating that the affiant circulated that particular paper and saw written the signatures appended thereto, and that, according to the information and belief of the affiant, each of said signatures is genuine, and the signature of a qualified elector of the county (or particular sub-division thereof in which such signers are hereby required to reside). Within ten days from the filing of such petition, the Registrar of Voters shall, from the records of registration, determine whether or not said petition is signed by the requisite number of qualified voters, and he shall attach to said petition his certificate showing such determination. If such certificate shows the petition to be insufficient, it may be supplemented within ten days from the date of the certificate by the filing of additional papers, duplicates of the original petition except as to the names signed. The Registrar of Voters shall, within ten days after such additional papers are filed, ascertain from the records of registration, and certify whether or not the names to such petition, including such additional papers, are still insufficient, and if insufficient, no action shall be taken thereon; but the petition shall remain on file as a public record. The failure to secure sufficient names shall not prejudice the filing later of an entirely new petition to the same effect. If required by the Registrar of Voters, the Board of Supervisors shall authorize him to employ, and shall provide for the compensation of, persons necessary in the examination of said petition and supplementing petition, in addition to the persons regularly employed by him in his office. In case the Registrar of Voters is the officer sought to be recalled, the duties in this Article provided to be performed by him shall be performed by the County Clerk. If the petition shall be found to be sufficient, the Registrar of Voters shall submit the same to the Board of Supervisors without delay, whereupon the Board shall forthwith cause a special election to be held not less than thirty-five nor more than forty days after the date of the order calling such an election, to determine whether the voters shall recall such officer. If a vacancy occur in said office after a recall petition is filed, and the office is elective, the election shall nevertheless proceed as in this section provided. One petition is sufficient to propose the recall of one or more officials and the election of successors to such thereof as are elective. Nominations for any elective office under such recall election shall be made by petition in the manner prescribed by section 1188 of the Political Code. Upon the sample ballot there shall be printed, in not more than two hundred words, the grounds set forth in the recall petition for demanding the recall of the officer, and upon the same ballot in not more than two hundred words, the officer may justify himself. There shall be printed on the recall ballot, as to every officer whose recall is to be voted on, the following question: “Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of office)?” following which question shall be the words “Yes” and “No” on separate lines, with a blank space at the right of each, in which the voter shall, by stamping a cross (x) indicate his vote for or against such recall. On such ballots, under each such question there shall also be printed, if the officer sought to be recalled be an elective officer, the names of those persons who shall have been nominated as candidates to succeed him, in case he shall be recalled at such election; but no vote shall be counted for any candidate for said office unless the voter also voted on the question of the recall of the person sought to be recalled therefrom. The name of the person sought to be recalled shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the recall of any incumbent shall vote “No” said incumbent shall continue in said office. If a majority shall vote “Yes,” said incumbent shall thereupon be deemed removed from such office, upon the qualification of his successor. The canvassers shall canvass the votes for candidates for said office and declare the result in like manner as in a regular election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be thereby declared elected for the remainder of the term. In case the person who received the highest number of votes shall fail to qualify within ten days after receiving the certificate of election, the office shall be deemed vacant and shall be filled according to law. If the incumbent of an appointive office be recalled at such election, his successor shall be appointed immediately after the canvassing of the vote.

Before any petition can be filed under this section for the recall of any person in the classified service of the county, there shall be presented to, and be passed upon by, the Civil Service Commission, a complaint in writing giving the grounds for and asking the removal of such person. Such complaint must be considered and be finally acted upon by the Commission within twenty days after such filing.

Until such time as the Board of Supervisors shall appoint a Registrar of Voters under the provisions of this Charter, the powers and duties by this section conferred upon the Registrar of Voters shall be exercised and performed by the County Clerk. In case, at any time prior to the appointment of such Registrar of Voters, the County Clerk shall be sought to be recalled, such powers and duties, in and about the matter of such proposed recall, shall be exercised and performed by some other officer or person to be designated by the Board of Supervisors.

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.