HomeMy WebLinkAboutMINUTES - 08231988 - T.1 i ?-- 1
BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator Costa
DATE: August 22, 1988
SUBJECT: Hearing Pursuant to AB 3014 Relating to
the Marshal/Sheriff Consolidation
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. . Open the hearing required by Government Code Section
26625(b) , as added by AB 3014 (Chapter 444, Statutes of
1988) .
2. Recognize the Sheriff-Coroner and Marshal for the purpose of
providing testimony to the effect that there will be a cost
savings by consolidating the court-related services provided
by the Marshal and Sheriff in Contra Costa County.
3 . Receive any other testimony from members of the general
public.
4 . Close the hearing.
5. Consider whether to adopt a finding that there will be a
cost savings from consolidating the court-related services
provided by the Marshal and Sheriff.
6 . If such a finding' is adopted, direct the Clerk of the Board
to notify the Presiding Judge of the Superior Court, the
Chairman of the Municipal Court Judges Association, and the
County Clerk (Elections Supervisor) indicating that a
hearing has been held and a finding adopted pursuant to
Government Code Section 26625(b) and directing the Elections
Supervisor to conduct the election among all of the Judges
of the Superior and Municipal Court to determine whether the
consolidation should take place under the Sheriff or the
Marshal, and report the results of the election back to the
Board of Supervisors within 15 days of the election, and
also report the results of the election to the Judges of the
Superior and Municipal Court.
BACKGROUND:
AB 3014 (Baker) was introduced at the request of the Board of
Supervisors, the Sheriff-Coroner, the Municipal Court Judges and
the Marshal. The bill provides for a process by which the
CONTINUED ON ATTACHMENT: YES S IGNATURE;
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE S : CF .
ACTION OF BOARD ONAuall.St 23, 1988 APPROVED AS RECOMMENDED OTHER
Following comments of Sheriff Rainey and Marshal Davis , the hearing was
opened . No one appeared to speak ; the hearing was closed . The Board
then adopted the findings as set forth in Recommendation No . 5 .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT TV AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Presiding Judge, Superior Court ATTESTED August 23 , 1988
Chairman , Municipal Court Judges Assn . PHIL BATCHELOR, CLERK OF THE BOARD OF
Elections Supervisor SUPERVISORS AND COUNTY ADMINISTRATOR
County Administrator
BY ,DEPUTY
M38217-83
r
Page 2
court-related services of the Marshal and Sheriffmay be
consolidated. In order to accomplish the consolidation, the
following steps must be taken:
1 . The Board of Supervisors* must hold a hearing on the
proposed .consolidation..
2 . As .. a result. .of the hearing, `the Board of Supervisors
must adopt a finding that there will be .cost savings
from the consolidation.
3 . An election must be conducted by the Elections Division
of the County Clerk' s . Office. The election provides
each Judge of - the Municipal and Superior-Court with the
.. opportunity to vote for the consolidation under either
the Sheriff or. the Marshal.
4.. The: results of the ' election must be reported back to
the Board within 15 days.
5. The Board of - Supervisors then has .90 days within which
to implement the determination of the majority of .the
Judges.
6. If no election is held within 90' days," or if the vote
is ,evenly divided, the Board .may proceed to implement
the consolidation under either . the Sheriff or the
Marshal.
The Governor signed AB 3014 on August- 22, 19 .8. The .bill .is now
Chapter 444; Statutes of 1988. Because the bill included an
urgency clause, it became effective as soon as it was chaptered
by the Secretary of State.
It is, therefore, appropriate for the Board to proceed with the .
hearing and other recommendations as noted above.
cc: County Administrator
Presiding .Judge, . Superior Court
Chairman, Municipal Court Judges Association
Sheriff-Coroner
Marshal
County,Counsel
County Clerk (Elections Division)
Municipal Court Administrator
Director of Personnel
Deputy Marshal' s Association