HomeMy WebLinkAboutMINUTES - 08252015 - C.11RECOMMENDATION(S):
ADOPT Ordinance No. 2015-20 amending the County Ordinance Code to separate the Office of the Public
Administrator from the Office of the District Attorney and change the Office of the Public Administrator to an
appointive office, effective October 1, 2015.
FISCAL IMPACT:
There is no fiscal impact to this specific Board action. However, we anticipate separating the Public Administrator
functions from the District Attorney’s Office will result in a request for a general fund allocation to cover expenses
such as staffing support and shared software and information technology infrastructure, previously provided through
the District Attorney’s Office. An appropriation adjustment will be submitted at a later date, tentatively for the
September 15, 2015 Board of Supervisors meeting.
BACKGROUND:
State law establishes numerous county officers, including a public administrator and a public guardian. A county
public administrator administers the estates of people who die without a will, any known relatives, or any other
qualified person willing or able to administer their estates. A county public guardian acts as the legally appointed
guardian or conservator for people found to be unable to properly care for themselves or their finances.
Before 2014, Government Code section 24011 allowed eight counties to consolidate the offices of public
administrator and public guardian: Solano County, Glenn County, Sonoma County, Lassen County, Monterey
County, Ventura County, Kings County, and Amador County. The same statute authorized ten counties to separate
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/25/2015 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Enid Mendoza, (925)
335-1039
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: August 25, 2015
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Mark Peterson, District Attorney
C. 11
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 25, 2015
Contra
Costa
County
Subject:Adopt Ordinance No. 2015-20 to Separate the Office of the Public Administrator from the District Attorney's Office
BACKGROUND: (CONT'D)
>
the consolidated offices of district attorney and public administrator: Mendocino County, Lake County, Madera
County, Trinity County, Tuolumne County, Glenn County, Napa County, Lassen County, and Amador County.
Currently in Contra Costa County, the public administrator function resides with the District Attorney's Office,
while the public guardian function resides with the Health Services Department. In 2014, the Legislature enacted
SB 803, to amend Government Code section 24011 to allow Contra Costa County to separate the offices of district
attorney and public administrator, and to convert the office of public administrator from an elected to an appointed
position in order to allow the County to appoint the same person to the offices of the public administrator and
public guardian.
The County Administrator’s Office recognizes that the Public Guardian and the Public Administrator perform
closely related and similar duties. Both officials protect and manage the estates of descendants and at-risk
individuals who are unable to make decisions. Both offices’ duties and routines are governed by the same or
similar laws, court rules and procedures; and both are regulated by and appear before the Probate Court.
On August 18, 2015 the Board of Supervisors considered and approved the introduction of this ordinance, waived
the reading and fixed August 25th for adoption.
Upon adoption of this Ordinance, the County Administrator’s Office will submit a future Board Order and
Resolution, tentatively for the September 15th Board of Supervisors agenda with the following actions to
officially transition the functions of the Public Administrator to the Health Services Department:
Adopt a resolution to appoint the Health Services Director as the Public Guardian and as the Public
Administrator pursuant to Government Code sections 27431 and 24011 and Ordinance No. 2015-20, and
rescind and supersede Resolution 84/346 that appointed William B. Walker, M.D., as the Public Guardian;
and
Approve appropriation and revenue adjustments to transfer Public Administrator specific revenues and
appropriations from the District Attorney’s Office to the Health Services Department, and adjust the Public
Administrator budget to fully fund their operations; and
Adopt a Position Adjustment Resolution to establish new Public Administrator classifications (represented
and unrepresented) in the Health Services Department, reclassify the incumbents to the new Public
Administrator classifications and positions assigned to the Health Services Department, and abolish the
existing Public Administrator classifications.
ATTACHMENTS
Ordinance 2015-20