HomeMy WebLinkAboutMINUTES - 04141992 - 1.37 0
TO: BOARD OF SUPERVISORS �E
Contra
FROM: Phil Batchelor Count Administrator •�
Costa
Y
County
DATE: April 9, 1992 '''=� U,
SUBJECT: LEGISLATION: SB 1599 (Senate Local Government Committee)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acknowledge that the Board of Supervisors is a CO-SPONSOR of SB
1599 by the Senate Local Government Committee, the 1992 Local
Government Clean-up Bill, which, among other provisions, clarifies
the role of standby officers to indicate that they are authorized
to serve during a state of emergency or a local emergency as well
as during a state of war.
BACKGROUND:
Each year for the past several years, Senator Marian Bergeson, as
the Chair of the Senate Local Government Committee, has authored a
Local Government Clean-up Bill which seeks to enact a wide variety
of provisions affecting local governments which are relatively non-
controversial and which generally clarify or amend provisions
affecting one or more local agencies . This County has been
successful in the past in having a number of provisions included in
these bills . For 1992, the Board has sponsored one provision which
the Senate Local Government Committee has agreed to include in its '
Local Government Clean-up Bill, in this case SB 1599 .
County Counsel has advised the Director, Office of Emergency
Services, that current law is unclear and somewhat inconsistent in
specifying the role of standby officers . The law provides that
members of the Board of Supervisors may appoint standby officers .
These standby officers would serve in place of a Supervisor in case
of a state of war or other disaster when the Supervisor is
incapacitated, unavailable or has been killed and it is necessary
for local government to continue to operate until the normal
provisions of law can provide for a replacement.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON prl APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS(ABSENT ) 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.
County Administrator
CC: ATTESTED
.County Counsel y/
Director, Office of Emergency Services PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPER
Les Spahnn, SRJ. Jackson, Barish & Associates AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88) .
-2-
While the law clearly provides that a standby officer is authorized
to serve in case of a state of war, the law is less clear in the
case of a state of emergency or local emergency, where different
provisions of law do and do not specifically mention a state of
emergency or local emergency. County Counsel has, therefore,
recommended that the County seek legislative clarification that it
is clearly the intent that a standby officer be able to serve in a
state of emergency or local emergency as well as a state of war.
SB 1599 now contains the requested clarification and since this is
an element in the Board' s 1992 Legislative Program, it is
appropriate for the Board to indicate that it is the Co-Sponsor of
SB 1599 to the extent of this specific provision.