CHAPTER 3. COUNTY OFFICES AND DEPARTMENTS

ARTICLE 1. COUNTY ADMINISTRATIVE OFFICER-CLERK OF THE BOARD OF SUPERVISORS

1-03-1000 PURPOSE: GENERAL PRINCIPLES:

It is the intent of the Board of Supervisors in adopting this Article to provide effective centralized administration for the government of Tulare County, to the extent practical in a County not having a charter form of government. In order to successfully carry out this objective, it will be necessary to observe the following general principles:

(a)    Day-to-day administrative decisions are the responsibility of the County Administrative Officer-Clerk of the Board of Supervisors as set forth in Section 1-03-1010 through Section 1-03-1050. The Board of Supervisors, and each individual member of the Board of Supervisors, shall:

(1)    Recognize this delegation of authority and allow the County Administrative Officer-Clerk of the Board of Supervisors to make day-to-day administrative decisions.

(2)    Require all administrative matters to be routed to the office of the County Administrative Officer-Clerk of the Board of Supervisors.

(3)    Consider the County Administrative Officer-Clerk of the Board of Supervisors its representative and support the County Administrative Officer-Clerk of the Board of Supervisors and their recommendations.

(b)    The County Administrative Officer-Clerk of the Board of Supervisors shall:

(1)    Understand and accept the relationship of elected department heads to the voters, the Board of Supervisors, and to other department heads.

(2)    Comprehend the importance of working with all department heads and make full use of their expertise to solve administrative problems.

(3)    Maintain good communications with the Board of Supervisors, department heads, state and federal officials, City Managers, other public agency officials and the public.

(c)    The department heads of the County shall understand the concept and need for coordination and centralization of administration and give their full cooperation to the County Administrative Officer-Clerk of the Board of Supervisors.

(Amended by Ord. No. 3633, effective 12-28-23)

1-03-1005 COUNTY ADMINISTRATIVE OFFICER-CLERK OF THE BOARD OF SUPERVISORS: APPOINTMENT: RESIDENCE: TERMINATION:

(a)    The office of County Administrative Officer-Clerk of the Board of Supervisors shall be appointed by a four-fifths (4/5) vote of the Board of Supervisors. The appointee shall be an at-will employee, and shall serve at the pleasure of the Board of Supervisors. The salary and other benefits for the County Administrative Officer-Clerk of the Board of Supervisors shall be established by the Board of Supervisors and reviewed annually. The County Administrative Officer-Clerk of the Board of Supervisors shall maintain residence within the County of Tulare unless the Board of Supervisors approves otherwise.

(b)    Upon determining the need to select a new County Administrative Officer-Clerk of the Board of Supervisors, the Board of Supervisors shall identify by resolution the specific educational qualifications and work experience it seeks in a County Administrative Officer-Clerk of the Board of Supervisors, as well as the selection criteria and process to be followed in connection with the recruitment.

(c)    The County Administrative Officer-Clerk of the Board of Supervisors may be dismissed by the Board of Supervisors upon thirty (30) days’ prior written notice. Such notice of dismissal shall be given upon a four-fifths (4/5) vote of the Board at a meeting of the Board. By a four-fifths (4/5) vote, the Board may also suspend or relieve the County Administrative Officer-Clerk of the Board of Supervisors of any duties during said thirty (30) day period. The County Administrative Officer-Clerk of the Board of Supervisors shall not be dismissed during the first one hundred eighty (180) days following the seating of a new Board of Supervisors member through a regular general election.

(d)    The County Administrative Officer-Clerk of the Board of Supervisors shall give the Board of Supervisors thirty (30) days’ written notice of intent to resign.

(Amended by Ord. No. 3633, effective 12-28-23)

1-03-1010 SAME: DUTIES: GENERAL ADMINISTRATION:

The County Administrative Officer-Clerk of the Board of Supervisors shall supervise for and under the general direction of the Chairman of the Board of Supervisors as the Chairman is directed by the Board of Supervisors and shall:

(a)    Administer and enforce policies established by the Board of Supervisors; promulgate rules and regulations as necessary to implement Board policies.

(b)    Refer policy matters, and other matters beyond the County Administrative Officer’s authority, to the Board of Supervisors for determination, direction, or authorization.

(c)    Supervise and direct the preparation, revision, maintenance, coordination, and control of long-range plans for management of County property and the construction, alteration, and use of physical facilities necessary and proper to render County services under the jurisdiction of the Board.

(d)    Represent the Board of Supervisors in the County’s intergovernmental relationships in accordance with Board policies and instructions; when directed, represent the Board in dealing with individuals or groups concerned with County affairs.

(e)    Attend all meetings of the Board of Supervisors, except when excused; when directed, attend meetings of commissions and committees established by the Board of Supervisors.

(f)    Supervise preparation of the agenda, evaluate departmental and other requests to determine if such requests should be submitted to the Board, and make recommendations to the Board on agenda items; propose necessary revisions of the Policy and Procedures Manual and Ordinance Code in conjunction with the County Counsel; make reports to the Board on County matters as needed.

(g)    Implement the Board of Supervisors’ legislative advocacy program, including the initiation of legislation approved by the Board of Supervisors that will benefit the County and county government and including the analysis of proposed state and federal legislation; make recommendations to the Board of Supervisors for positions on proposed legislation; and review all department head requests involving legislative activities.

(h)    Negotiate contracts on behalf of the Board of Supervisors, subject to the limitations and procedures established by state law or authorized by the Board.

(i)    Recommend to the Board of Supervisors the preparation and revision of state and federal grants-in-aid and contract programs as are, in the County Administrative Officer’s judgment, beneficial and necessary for the prevention or solution of problems in the County.

(j)    Be encouraged to identify and recommend innovative methods and conduct continuous research in administrative practices so as to bring about greater efficiency and economy in county government; develop and recommend to the Board of Supervisors long-range plans to improve County operations and to prepare for future County growth and development.

(k)    Provide guidance to the labor negotiation program of the County.

(l)    Analyze the need for and make recommendations on hiring services, outside consultants, experts and advisors to perform and advise on any functions of county government.

(m)    Generally supervise and delegate administrative responsibility to the County Administrative Officer-Clerk of the Board of Supervisors’ administrative staff to assist in the performance of the County Administrative Officer-Clerk of the Board of Supervisors’ duties as specified herein.

(n)    Perform such other duties as may be lawfully prescribed by ordinance or by resolution or order of the Board of Supervisors.

(Amended by Ord. No. 3633, effective 12-28-23)

1-03-1015 SAME: BUDGETS: PREPARATION AND SUPERVISION:

The County Administrative Officer-Clerk of the Board of Supervisors shall:

(a)    Develop budget instructions and policies, revenue estimates, and departmental budget targets to guide departments in budget preparation.

(b)    Recommend to the Board of Supervisors an annual County operating budget based on revenue projections, budget targets and proposed goals, objectives, work programs and projects developed by the various departments.

(c)    Recommend to the Board of Supervisors a proposed capital budget based upon long-range plans for acquiring, constructing, or improving buildings, roads, and other County facilities; make recommendations to the Board on the acquisition and disposition of real property.

(d)    Establish and oversee a control system or systems to assure that the various County departments and other agencies under the jurisdiction of the Board of Supervisors are operating within their respective budgets; make recommendations to the Board regarding requests for unforeseen and unbudgeted expenditures; approve fund transfers and budget revisions within appropriations, and make recommendations to the Board for fund transfer requests which require Board action under state law; establish policies for acquiring additional or replacement fixed assets.

(e)    Keep the Board informed of the financial status of the County and of other matters of major significance, which affect the County.

(f)    The County Administrative Officer-Clerk of the Board of Supervisors shall work closely with the County Auditor-Controller in the preparation and execution of the budget.

1-03-1020 SAME: APPOINTMENT AND DISMISSAL OF CERTAIN DEPARTMENT HEADS:

(a)    With the exception of elective offices, appointive offices with fixed terms of office, and members of boards and commissions, the County Administrative Officer-Clerk of the Board of Supervisors shall select and recommend to the Board of Supervisors for appointment a qualified list of candidates to fill each vacancy occurring in a department head position which the Board of Supervisors has the power to fill. Department heads shall be appointed by four-fifths (4/5) vote of the Board of Supervisors.

(b)    The County Administrative Officer-Clerk of the Board of Supervisors may recommend to the Board of Supervisors the dismissal or discipline of any department head, except for elective officers, appointive officers with fixed terms of office, and members of boards and commissions. Whenever such a recommendation is made, the person affected shall be given written notification, as required by law. The final notice of discipline or dismissal shall be given upon a four-fifths (4/5) vote of the Board at a meeting of the Board.

(Amended by Ord. No. 3633, effective 12-28-23)

1-03-1025 SAME: EVALUATION OF DEPARTMENT HEAD:

The County Administrative Officer-Clerk of the Board of Supervisors shall evaluate the on-the-job performance of each department head, except for elective offices, appointive offices with fixed terms of office, and members of boards and commissions, at least once annually and prepare a written record of his review. The County Administrative Officer-Clerk of the Board of Supervisors shall discuss his draft evaluation with the department head. The final report shall be discussed with the Board of Supervisors and the department head.

1-03-1030 COUNTY ADMINISTRATIVE OFFICER: CLERK OF THE BOARD OF SUPERVISORS:

Pursuant to section 25100.5 of the Government Code of the State of California, the County Administrative Officer shall also hold the office of Clerk of the Board of Supervisors.

1-03-1035 SAME: DUTIES:

The County Administrative Officer-Clerk of the Board of Supervisors shall perform those duties prescribed by State law for the County Clerk as ex officio Clerk of the Board of Supervisors or for the Clerk of the Board of Supervisors and those duties prescribed by this Ordinance Code for the Clerk of the Board of Supervisors.

1-03-1040 SAME: ACKNOWLEDGMENTS AND OATHS:

The County Administrative Officer-Clerk of the Board of Supervisors shall have the power to take acknowledgments and administer and certify oaths in the performance of his official duties.

1-03-1045 SAME: SCOPE OF OFFICE:

(a)    No provision of this article is intended to vest in the County Administrative Officer-Clerk of the Board of Supervisors any duty or grant any authority, which is vested by general law in or on any other County officer or employee. No provision of this article shall be construed to delegate to the County Administrative Officer-Clerk of the Board of Supervisors any authority required to be performed by the Board of Supervisors. Unless expressly authorized by a majority of the Board of Supervisors, the County Administrative Officer-Clerk of the Board of Supervisors shall have no power to bind, obligate or commit the County or the Board of Supervisors in any manner. Guided by the principles established above, it is the intention of the Board of Supervisors in adopting this article to create a position to which may be delegated administrative duties, budgetary matters and departmental supervision to be performed in and under its direction, and such other duties as may be directed by the Board of Supervisors.

(Amended by Ord. No. 3633, effective 12-28-23)

1-03-1050 SAME:

Every applicant for the position of County Administrative Officer-Clerk of the Board of Supervisors or holder of the position shall be deemed to know the provisions of this Chapter.

ARTICLE 2. RESOURCE MANAGEMENT AGENCY

1-03-1070 RESOURCE MANAGEMENT AGENCY:

The Resource Management Agency is hereby established. All references in the Tulare County Ordinance Code, any other codified or uncodified County ordinance, or any other official County contracts, resolutions or other documents, to the Tulare County Planning and Development Department, or the Tulare County Public Works Department, shall be deemed to refer to the Tulare County Resource Management Agency.

(Added by Ord. No. 3196, effective 12-25-97; amended by Ord. No. 3293, effective 1-13-04; amended by Ord. No. 3553, effective 5-2-19)

1-03-1075 RESOURCE MANAGEMENT DIRECTOR:

The Resource Management Director shall be appointed as head of the Resource Management Agency pursuant to the procedure specified in 1-03-1020 of this Ordinance Code. All references in the Tulare County Ordinance Code, any other codified or uncodified County ordinance, or any other official County contracts, resolutions or other documents, to the Tulare County Planning and Development Director (or Planning and Building Director or Planning Director), or the Tulare County Public Works Director shall be deemed to refer to the Resource Management Director or such duly authorized and qualified division manager, or managers, as that Director shall appoint.

(Added by Ord. No. 3196, effective 12-25-97; amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3293, effective 1-13-04; amended by Ord. No. 3553, effective 5-2-19)

1-03-1080 RESOURCE MANAGEMENT DIRECTOR: AUTHORITY TO ACQUIRE INTEREST IN REAL PROPERTY:

(a)    Pursuant to Government Code section 25350.60, the Tulare County Resource Management Agency Director, or his or her designee, is hereby authorized to undertake the following:

(1)    To approve and execute agreements for the purchase of real property and/or right-of-way, including temporary and permanent construction and other easements, including easements for the relocation of public utilities, and relocation agreements, subject to review and approval as to form by County Counsel.

(2)    To make an offer, based on the appraisal of the fair market value and the appraisal review establishing just compensation in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.) and Government Code sections 7260 et seq., as these statutes may be amended from time to time.

(3)    To adjust the offer to resolve any price disputes for the property to be acquired or for severance damages. The maximum purchase price, including the cost to cure any damages associated with the acquisition and relocation costs, shall not exceed $40,000 for any given parcel.

(4)    To open escrows and sign all documents to facilitate escrows.

(5)    To request the Auditor to draw warrants in favor of the County’s designated title company for agreements for purchase of real property plus escrow fees for each agreement and/or the designated property owner for any internal escrows.

(b)    The Resource Management Agency Director, or his or her designee, shall comply with all applicable laws pertaining to the acquisition of real property as otherwise apply to Board action, including, but not limited to, notice to the property owners, appraisal of the subject real property, offer to purchase, recordation of deeds, and environmental assessment, as may be appropriate.

(c)    The authority granted herein shall expire on June 05, 2028.

(Added by Ord. No. 3533, effective 7-5-18; amended by Ord. No. 3628, effective 7-6-23)

ARTICLE 3. DEPARTMENT OF PUBLIC WORKS

1-03-1100 PUBLIC WORKS DIRECTOR:

Pursuant to the provisions of subsection (u) of section 24304 of the Government Code of the State of California, the office of Public Works Director is hereby established. The Public Works Director shall head the Department of Public Works, which department is hereby established.

1-03-1110 SAME: DUTIES:

The Public Works Director shall perform such duties as required by ordinance and as the Board of Supervisors may require from time to time by resolution.

(Amended by Ord. No. 3167, effective 8-8-96; amended by Ord. No. 3196, effective 12-25-97)

1-03-1115 SAME: OFFICE OF SURVEYOR MADE APPOINTIVE:

Pursuant to the provisions of section 27550 of the Government Code of the State of California, the office of Surveyor of the County of Tulare is hereby made an appointive office.

(Amended by Ord. No. 3458, effective 4-24-14)

1-03-1120 SAME: REFERENCES TO ROAD COMMISSIONER AND SURVEYOR:

(1)    In every case in which this Ordinance Code or any uncodified ordinance of the County refers to the "County Road Commissioner" or the "County Surveyor," or imposes any duties on or grant any powers to such specified officers, such references shall be deemed to be a reference to such officer or officers, duly appointed pursuant to state law, who may be employed concurrently as employees of the Resource Management Agency; subject to the rights and duties imposed under law.

(2)    In every case in which this Ordinance Code or any uncodified ordinance of the County refers to the "County Road Department" or the County Surveyor’s Department," or imposes any duties on or grants any powers to such specified departments, such references shall be deemed to be a reference to the Resource Management Agency.

(Added by Ord. No. 3196, effective 12-25-97)

ARTICLE 4. DIRECTOR OF TRANSPORTATION

1-03-1150 ESTABLISHMENT OF THE OFFICE OF DIRECTOR OF TRANSPORTATION; ABOLISHING THE OFFICE OF ROAD COMMISSIONER:

Pursuant to Streets and Highways section 2006.1, the office of Director of Transportation is established within the County of Tulare and the office of Road Commissioner is abolished in Tulare County. The duties of the Road Commissioner are transferred to the Director of Transportation and the Director of Transportation is directed and authorized to execute all of the duties, responsibilities and authority formerly vested in the Road Commissioner by any and all state and federal laws, statutes, regulations, agreements, directives and other official instruments and all of the duties responsibilities, and authority formerly vested in the Road Commissioner by any and all County of Tulare ordinances, resolutions, agreement, directive, letter, certification or other official instrument all deemed to refer to the Director of Transportation. The Resources Management Director is designated the Director of Transportation. Any civil engineering functions, which are required to be performed by the Road Commissioner, shall be performed by a registered civil engineer acting under the authority and at the direction of the Director of Transportation.

(Added by Ord. No. 3310, effective 06-07-05)

ARTICLE 5. ASSESSMENT APPEALS BOARD

1-03-1170 ESTABLISHMENT OF AN ASSESSMENT APPEALS BOARD:

An Assessment Appeals Board is hereby created pursuant to Revenue and Taxation Code section 1620. The Assessment Appeals Board shall equalize the valuation of taxable property within the County for the purpose of taxation.

(Amended by Ord. No. 3369, effective 10-09-08; amended by Ord. No. 3605, effective 5-12-22)

1-03-1175 EFFECTIVE DATE:

The Assessment Appeals Board established pursuant to section 1-03-1170 shall become effective on July 1, 1989.

(Amended by Ord. No. 3605, effective 5-12-22)

1-03-1180 MEMBERS: APPOINTMENT:

(a)    The Assessment Appeals Board shall consist of five (5) members.

(b)    The Board of Supervisors shall appoint the members of the Assessment Appeals Board directly. Approval of each member shall be by majority vote of the Board of Supervisors.

(c)    Each member of the Board of Supervisors shall nominate one member of the Assessment Appeals Board. The nominee shall not be required to be a resident of the Supervisor’s district.

(Amended by Ord. No. 3369, effective 10-09-08; amended by Ord. No. 3605, effective 5-12-22)

1-03-1185 SAME: TERM OF OFFICE: VACANCIES:

As provided by Revenue and Taxation Code sections 1623 and 1623.1:

(a)    The term of office of members of the Assessment Appeals Board shall be three years beginning on the first Monday in September. No more than two offices shall expire in any one year.

(b)    Upon expiration of the term of office of any member of the Assessment Appeals Board, the member whose term has expired shall continue to serve until such time as a new member takes office. In addition, a member whose term has expired may continue to serve for up to 60 days after the expiration of such term with respect to matters on which the Assessment Appeals Board had commenced hearing prior to the expiration of the member’s term.

(c)    In the event of a vacancy on the Assessment Appeals Board, the person selected to fill the vacancy shall serve for the remainder of the unexpired term.

The provisions of this section shall be deemed amended if the underlying Revenue and Taxation Code sections are amended.

(Amended by Ord. No. 3329, effective 6-20-06; amended by Ord. No. 3369, effective 10-09-08; amended by Ord. No. 3605, effective 5-12-22)

1-03-1190 SAME: QUALIFICATIONS:

Pursuant to the provisions of Revenue and Taxation Code section 1624:

(a)    A person shall not be eligible for nomination for membership on the Assessment Appeals Board unless he or she has a minimum of five years’ professional experience in this state as one of the following: certified public accountant or public accountant, licensed real estate broker, attorney, property appraiser accredited by a nationally recognized professional organization, property appraiser certified by the Office of Real Estate Appraisers, or property appraiser certified by the State Board of Equalization.

(b)    No person shall be qualified to be a member of the Assessment Appeals Board who has, within the three years immediately preceding his or her appointment to that Board, been an employee of an Assessor’s office.

(c)    No member of the Board shall serve on the Assessment Appeals Board.

(d)    Documentation of qualifying experience of appeals board members shall be filed with the Clerk of the Board of Supervisors.

The provisions of this section shall be deemed amended if the underlying Revenue and Taxation Code section is amended.

(Added by Ord. No. 3605, effective 5-12-22)

1-03-1195 SAME: TRAINING:

As provided by Revenue and Taxation Code section 1624.02:

(a)    On and after January 1, 2001, any person newly selected for membership on, or newly appointed to be a member of, the Assessment Appeals Board shall complete the training described in subdivision (a) of the statute prior to the commencement of his or her term on the Assessment Appeals Board or as soon as reasonably possible within one year thereafter.

(b)    A member of the Assessment Appeals Board who does not complete the training required by this section in the time permitted shall complete that training within 60 days of the date of the notice by the Clerk of the Assessment Appeals Board advising the member that his or her failure to complete the training constitutes resignation by operation of law. If the member fails to comply within 60 days of the notice by the Clerk of the Assessment Appeals Board, the member shall be deemed to have resigned his or her position on the Assessment Appeals Board. Notwithstanding the provisions of this section, a member of the Assessment Appeals Board may continue to retain his or her position on the Assessment Appeals Board in order to complete all appeal hearings to which the member is assigned and which commenced prior to the date of resignation pursuant to this subdivision.

The provisions of this section shall be deemed amended if the underlying Revenue and Taxation Code section is amended.

(Added by Ord. No. 3605, effective 5-12-22)

1-03-1200 SAME: HEARING PANELS:

(a)    As required by Revenue and Taxation Code section 1622.1, the Assessment Appeals Board shall only act as a three-member hearing panel designated from time to time by the Clerk of the Assessment Appeals Board.

(b)    The Chair (or the Vice Chair, if the Chair is not available) shall be assigned to all panels, and the other members shall be assigned in rotation.

(c)    All five members are expected to attend all meetings of the Assessment Appeals Board. The alternates for any proceeding may participate in the matter by asking questions, etc., but may not make or second motions, and may not vote on any motion.

(d)    In the event that an alternate must replace a panel member after a matter has commenced, if the alternate was not present for the earlier part of the proceeding, the alternate must familiarize himself or herself with the record by listening and/or viewing the recording and exhibits in the matter.

(Added by Ord. No. 3605, effective 5-12-22)

1-03-1205 SAME: IMPARTIALITY:

No member of the Assessment Appeals Board shall knowingly participate in any assessment appeal proceeding wherein the member has an interest in either the subject matter of, or a party to, the proceeding of such nature that it could reasonably be expected to influence the impartiality of his or her judgment in the proceeding. Violation of this section shall be cause for removal under Revenue and Taxation Code section 1625, as such statute may be amended from time to time.

(Added by Ord. No. 3605, effective 5-12-22)

1-03-1210 SAME: DISQUALIFICATION:

As provided by Revenue and Taxation Code section 1624.4:

(a)    The party affected by an equalization proceeding or his or her agent, or the Assessor, may make and file with the Clerk of the Assessment Appeals Board in which the proceeding is pending a written statement objecting to the hearing of a matter before a member of the Assessment Appeals Board, and setting forth the facts constituting the ground of the disqualification of the member. Copies of the written statement shall be served by the presenting party on each party in the proceeding and on the member of the Assessment Appeals Board alleged in the statement to be disqualified.

(b)    Within 10 days after the filing of the statement, or within 10 days after the service of the statement as provided in subdivision (a), whichever is later, the member of the Assessment Appeals Board alleged therein to be disqualified may file with the Clerk of the Assessment Appeals Board his or her consent in writing that the action or proceeding be tried before another member, or may file with the Clerk of the Assessment Appeals Board his or her written answer admitting or denying any or all of the allegations contained in the statement and setting forth any additional fact or facts material or relevant to the question of his or her disqualification. The Clerk of the Assessment Appeals Board shall transmit a copy of the member’s consent or answer to each party who shall have appeared in the proceeding. Every statement and every answer shall be verified by oath in the manner prescribed by section 446 of the Code of Civil Procedure for the verification of pleadings. The statement of a party objecting to the member on the ground of the member’s disqualification shall be presented at the earliest practicable opportunity, after discovery of the facts constituting the ground of the member’s disqualification, and in any event before the commencement of the hearing of any issue of fact in the proceeding before the member.

(c)    No member of the Assessment Appeals Board, who shall deny his or her own disqualification, shall hear or pass upon the question of the disqualification. The question of the member’s disqualification shall be heard and determined by some other member agreed upon by the parties who have appeared in the proceeding, or, in the event of their failing to agree, by a member assigned to act by the Clerk of the Assessment Appeals Board. Within five days after the expiration of the time allowed by this section for the member to answer, the Clerk of the Assessment Appeals Board shall assign a member, not disqualified, to hear and determine the matter of the disqualification.

The provisions of this section shall be deemed amended if the underlying Revenue and Taxation Code section is amended.

(Added by Ord. No. 3605, effective 5-12-22)

1-03-1215 CLERK OF THE ASSESSMENT APPEALS BOARD:

The Clerk of the Board of Supervisors, or his or designee, shall be Clerk of the Assessment Appeals Board and keep a record of its proceedings. He or she shall perform the same duties in connection with its proceedings as he or she is required by law to perform in connection with the proceedings of a County Board of Equalization.

(Added by Ord. No. 3605, effective 5-12-22)

1-03-1220 LEGAL ADVISOR:

The County Counsel, or his or her deputy, shall serve as legal advisor to the Assessment Appeals Board. The Assessment Appeals Board shall not have any authority to retain independent legal counsel without the consent of the Board of Supervisors.

(Amended by Ord. No. 3369, effective 10-09-08; amended by Ord. No. 3605, effective 5-12-22. Formerly 1-03-1195)

1-03-1225 COMPENSATION:

The compensation of any member of the Assessment Appeals Board shall be established by the Board of Supervisors by resolution.

(Amended by Ord. No. 3605, effective 5-12-22. Formerly 1-03-1200)

1-03-1230 SAME: REIMBURSEMENT OF EXPENSES:

Members of the Assessment Appeals Board shall be entitled to reimbursement for actual and necessary travel expenses incurred in the performance of their duties, at the then-current rate applicable to County employees. Reimbursement of other expenses of any member of the Assessment Appeals Board shall be requested, processed, and paid in accordance with the then-current expense reimbursement policies applicable to County employees.

(Amended by Ord. No. 3605, effective 5-12-22. Formerly 1-03-1205)

1-03-1235 SAME: CONFERENCES, MEETINGS AND OUT-OF-COUNTY TRAVEL:

The Assessment Appeals Board, or any of its members, shall obtain the prior consent of the Board of Supervisors to attend any conference, meeting or for out-of-County travel in any official capacity. No reimbursement for expenses related to any such attendance or travel shall be made without prior Board of Supervisors approval.

(Amended by Ord. No. 3605, effective 5-12-22. Formerly 1-03-1210)

1-03-1240 RULES OF PROCEDURE:

The Assessment Appeals Board, by resolution with a majority vote and subject to the approval of the Board of Supervisors by resolution, may adopt or amend rules of procedure and administration which the Assessment Appeals Board deems appropriate and necessary. Said rules of procedure and administration shall be consistent with State law and administrative regulations applicable to Assessment Appeals Boards.

(Amended by Ord. No. 3329, effective 6-20-06; amended by Ord. No. 3369, effective 10-09-08; amended by Ord. No. 3605, effective 5-12-22. Formerly 1-03-1215)

1-03-1245 REMOVAL OF BOARD MEMBER: GROUNDS:

Cause for removal from office of a member of the Assessment Appeals Board, as provided for in Revenue and Taxation Code section 1625, shall be as follows:

(a)    Those grounds as set forth in Government Code section 1770, subdivisions (b), (e), (f), (h), (i), (j), (k), and (l), which are incorporated herein by reference as though set forth in full.

(b)    Refusal to attend three (3) consecutive meetings of the Assessment Appeals Board, without excuse, when summoned to do so by the Clerk of the Assessment Appeals Board.

(Amended by Ord. No. 3605, effective 5-12-22. Formerly 1-03-1220)

1-03-1250 SAME: PROCEDURE:

(a)    The Board of Supervisors, by majority vote, may propose to remove any member of the Assessment Appeals Board when the Board of Supervisors has reasonable cause to believe that grounds for removal, as set forth in section 1-03-1245, exist as to that member.

(b)    Upon a vote of a majority of the Board of Supervisors to propose to remove a member of the Assessment Appeals Board, the Chair of the Board of Supervisors shall send a letter to the member proposed to be removed. Said letter shall be sent certified mail, return receipt requested, or shall be served personally on said member. Said letter shall specify the grounds upon which the Board proposes to remove said member. Said letter shall advise the Assessment Appeals Board member of his or her right to respond to his or her proposed removal at a Board of Supervisors meeting not sooner than two weeks from the date of receipt of said letter by the Assessment Appeals Board member.

(c)    At the Board of Supervisors meeting scheduled for that purpose, the Assessment Appeals Board member shall be afforded his or her right to respond to the Board of Supervisors. After hearing the Assessment Appeals Board member’s response, the Board of Supervisors shall make a final decision regarding the proposal to remove the Assessment Appeals Board member.

(d)    Nothing in this section shall be construed to grant any member of the Assessment Appeals Board any property rights in his or her office than those otherwise provided by law, if any.

(e)    Nothing in this section shall be construed to grant any Assessment Appeals Board member any rights to an evidentiary hearing in regard to this section.

(Amended by Ord. No. 3369, effective 10-09-08; amended by Ord. No. 3605, effective 5-12-22. Formerly 1-03-1225)

1-03-1255 ESTABLISHMENT OF FEES TO PROCESS APPLICATIONS FOR CHANGED ASSESSMENT:

(a)    Pursuant to Section 16 of Article XIII of the California Constitution, the Board of Supervisors adopted a non-refundable fee in the amount of $30.00 for the Clerk of the Assessment Appeals Board’s services associated with the processing of each Application for Changed Assessment filed with the Tulare County Assessment Appeals Board. This fee took effect July 2, 2009.

(b)    The Board of Supervisors may change this fee from time to time by resolution.

(c)    Filing fees are not refunded, but may be waived where the Applicant would qualify for a waiver of court fees and costs pursuant to Government Code section 68511.3.

(Added by Ord. No. 3386, effective 7-2-09; amended by Ord. No. 3605, effective 5-12-22. Formerly 1-03-1230)

ARTICLE 7. PURCHASING AGENT

1-03-1275 PURCHASING AGENT:

Pursuant to the provisions of section 25500 et seq. of the Government Code, the Board of Supervisors may employ a Purchasing Agent and such assistants as are necessary for him or her properly to fulfill his or her duties. Unless otherwise provided by resolution of the Board of Supervisors, the Director of the County’s General Services Agency shall serve as the Purchasing Agent ex-officio. The Director of the General Services Agency may delegate such of the duties and powers of the Purchasing Agent as he or she deems appropriate to a purchasing manager or other subordinate employees of the General Services Agency.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)

1-03-1280 GENERAL DUTIES:

The Purchasing Agent shall have such duties and powers as are prescribed by the laws of the State of California relating to County purchasing agents, by this Article, and by resolutions of the Board of Supervisors. He or she shall be provided such staff support as is deemed necessary by the Board of Supervisors. He or she shall furnish the Board of Supervisors with such reports and information as the Board may from time to time require, and shall establish methods and procedures necessary to carry out the Purchasing Agent’s powers and duties in an efficient and economical manner.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)

1-03-1285 SPECIFIC DUTIES:

The Purchasing Agent shall perform the following duties:

(a)    Negotiate for and purchase all supplies, materials, furnishings, equipment, livestock, and other personal property required by each and every department, officer, or employee of the County.

(b)    Approve, without bidding, any contracts for public projects, as defined in Public Contract Code section 22002, which are not performed by employees of the County by force account, of no more than the maximum specified in Public Contract Code section 22032, as such statute may be amended from time to time ($60,000 or less as of the date of amendment of the ordinance codified in this article).

(c)    Let informal contracts for public projects, as defined in Public Contract Code section 22002, which are greater than the maximum specified in subdivision (b) of this section, but not more than the maximum amount specified in Public Contract Code sections 22032 or 22034, or by the State Controller acting pursuant to Public Contract Code section 22020, as such statutes or directives may be amended from time to time ($200,000 or less as of the date of amendment of the ordinance codified in this article).

(d)    When specifically authorized by law, purchase personal property for the Superintendent of Schools or any other public officer or agency.

(e)    Rent for the County and its offices, furnishings, equipment, and livestock. However, County employees traveling outside the County on County business may enter into short-term rentals of automobiles.

(f)    Negotiate and execute in the name of the County all lease-purchase agreements of personal property.

(g)    Sell, lease, exchange, trade, or otherwise dispose of all personal property belonging to the County no longer needed for public use, in accordance with section 25503 et seq. of the Government Code.

(h)    When specifically authorized by law, sell, lease, exchange, trade, or otherwise dispose of personal property no longer needed for public use belonging to the Superintendent of Schools or any other public officer or agency, in accordance with section 25503 et seq. of the Government Code.

(i)    Make application for and receive all license plates necessary for County equipment, and receive and file all certificates of ownership of said equipment.

(j)    Undertake the activities concerning inventories of County-owned property delegated to the Purchasing Agent by Chapter 35 of Part 1 of this Code.

(k)    Perform such other services as the Board of Supervisors may require from time to time by resolution.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3250, effective 3-1-01; amended by Ord. No. 3550, effective 1-17-19; amended by Ord. No. 3586, effective 11-26-20)

1-03-1290 INDEPENDENT CONTRACTORS: SERVICE TO COUNTY AND DEPARTMENTS:

(a)    Except as otherwise provided below, the Purchasing Agent may engage independent contractors to perform services for the County and the offices thereof, with or without the furnishing of material, where the annual aggregate cost does not exceed the maximum amount for each project authorized by section 25502.5 of the Government Code (not more than $200,000, as of the date of the ordinance codified in this section), as such statute is amended from time to time. For purposes of this section, "project" shall be defined to mean a specific, identifiable work of limited duration and scope, which may extend beyond one fiscal year, but not more than three fiscal years. Notwithstanding the foregoing, the Purchasing Agent may engage independent contractors to perform services which are not limited to a specific project, but which are to be provided on an on-call/as-needed basis, pursuant to an agreement which does not commit the County to pay for such services beyond three fiscal years.

(b)    This section shall have no application either to work upon the public roads of the County or to projects under section 20121 et seq., or section 20150 et seq., of the Public Contract Code.

(c)    Regardless of the provisions of subsection (a) of this section, certain departments shall have the right to engage contractors directly:

(1)    The District Attorney, Public Defender, and County Counsel shall have the right to engage contractors directly, within the limits of their respective budgets, to print legal briefs, provide reporter’s services and transcripts, and to provide other expert services related to specific cases or matters as are required by such departments.

(2)    Pursuant to Elections Code section 13001, the Registrar of Voters shall have the right to engage contractors directly in providing the materials required by Elections Code Division 13, entitled “Ballots, Sample Ballots, and Voter Pamphlets.”

(3)    The Sheriff shall have the right to engage contractors directly, within the limits of his or her respective budgets, to provide coroner services, air support, fingerprinting services, search and rescue, interpreter services, and training. The Sheriff shall also have the right to enter into contracts with the California Department of Corrections for State correctional services as authorized by Section 4007 of the Penal Code, within the limits of that department’s budget.

(4)    In addition, if some state law authorizes an officer or body to obtain services directly from independent contractors, this section is not intended to supersede such authority under state law.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3284, effective 4-8-03) (Amended by Ord. No. 3314, effective 08-30-05; amended by Ord. No. 3395, effective 11-12-09; amended by Ord. No. 3550, effective 1-17-19)

1-03-1295 PERFORMANCE OF DUTIES:

No officer or employee of the County of Tulare shall attempt to coerce the Purchasing Agent in the performance of his or her duties.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)

1-03-1300 "LOWEST RESPONSIBLE BIDDER": DEFINITION:

"Lowest responsible bidder," as used in this Article, shall mean the vendor whose bid, and the article or service offered, are the most economical and advantageous to the County from the standpoint of suitability to purpose, quality, delivery and discount terms, service reputation of the vendor, and other information and data required to establish the bidder’s responsibility.

(Amended by Ord. No. 3550, effective 1-17-19)

1-03-1301 LOCAL PREFERENCE:

(a)    Notwithstanding any other provision in this chapter to the contrary, whenever the County purchases supplies, materials, equipment or services for the County through the use of competitive bids, the County, in evaluating the price for such supplies, materials, and/or equipment, shall determine if the lowest responsible bidder is a local vendor as defined in this section; and, if so, the contract shall be awarded to such vendor. If the low bidder is not a local vendor, any local vendor who submitted a bid which was within five percent (5%) of the low bid announced by the County shall have the option of submitting a new bid within forty-eight (48) hours (not including weekends and holidays) of the time indicated in the bid documents for the opening bid. Such new bid must be in an amount less than or equal to the low bid announced by the County. If the County receives any new bids from local vendors within said forty-eight (48) hour period, it shall award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received within said forty-eight (48) hour period, the contract shall be awarded to the original low bidder as announced by the County.

(b)    For purposes of this section, "local vendor" shall mean any business which:

(1)    Has had a fixed office or distribution point located in and having a street address within the County for at least six (6) months immediately prior to the issuance of the request for bids by the County; and

(2)    Holds any required business license by the County or any city within the County; and

(3)    Employs at least one (1) full-time or two (2) part-time employees whose primary residence is located within the County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence is located within Tulare County.

(c)    Any vendor claiming to be a local vendor as defined above shall so certify in writing to the Purchasing Agent. The Purchasing Agent shall not be required to verify the accuracy of any such certification, and shall have sole discretion to determine if a vendor meets the definition of a "local vendor."

(d)    Any person or business falsely claiming to be a local vendor under this section shall be ineligible to transact any business with the County for a period of not less than three (3) months nor more than twenty-four (24) months as determined in the sole discretion of the Purchasing Agent. The County shall also have the right to terminate all or any part of any contract entered into with such person or business.

(e)    Prior to the County declaring any person or business not a "local vendor" or ineligible to transact business with the County, such person or business shall be entitled to a public hearing before the Board of Supervisors and to a five (5) day notice of the time and place thereof.

(f)    This section shall not apply to contracts required by state or federal statutes or regulations to be awarded to the "lowest responsible bidder," or otherwise exempted from local preferences.

(g)    The provisions of this section in regard to motor vehicles are suspended from the effective date of the addition of this subdivision (g) February 22, 2024, through December 31, 2024.

(Added by Ord. No. 3138, effective 10-26-95; amended by Ord. No. 3304, effective 01-04-05; amended by Ord. No. 3550, effective 1-17-19; amended by Ord. No. 3634, effective 02-22-24)

1-03-1305 NECESSITY FOR BIDS:

Unless otherwise ordered by resolution of the Board of Supervisors, all supplies, materials, and equipment acquired by the Purchasing Agent shall be purchased from the lowest responsible bidder after taking written bids if the estimated total cost of the commodities or services required from a class of vendors exceeds the sum of One Hundred Thousand Dollars ($100,000). However, the Purchasing Agent is not required to call for bids for the following transactions:

(a)    Purchase of proprietary drugs, library books, periodicals, standard school supplies, or repair parts for motor vehicles and construction equipment.

(b)    Purchase of gasoline, diesel fuel, and other petroleum products used in and for motor vehicles.

(c)    Purchase of services, with or without the furnishing of material, under sections 1-03-1285 and 1-03-1290 of this Code.

(d)    Contracting for work and/or materials for County Road Projects of less than Twenty-Five Thousand Dollars ($25,000) pursuant to Public Contract Code Section 20394.

(e)    Purchase of personal property or services from price lists of other governmental entities or of associations of governmental entities where such price lists have been compiled in such a manner as to insure lowest prices available to the County.

(Amended by Ord. No. 3136, effective 10-26-95; amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3395, effective 11-12-09; amended by Ord. No. 3550, effective 1-17-19)

1-03-1310 INVITATIONS FOR BIDS: FORM:

Written invitations for bids shall contain the date and hour of bid opening, the name of the department to be supplied, the requisition number, delivery date, quantities, and complete specifications or description of the items or service to be supplied. The Purchasing Agent shall provide an invitation for bid to any prospective bidder requesting the specific invitation, and it is desirable generally to seek bids from a reasonable number of prospective bidders. Copies of the written invitation for bids shall be posted on a bulletin board available to the public, and bids shall be opened and read in public on the date and hour specified in each invitation for bids.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3395, effective 11-12-09; amended by Ord. No. 3550, effective 1-17-19)

1-03-1315 REJECTION OF LOW BID:

In the event the lowest complete bid is rejected and the award is made to a higher bidder, the reasons for such action shall be set forth in a memorandum and attached to the rejected bid.

(Amended by Ord. No. 3550, effective 1-17-19)

1-03-1320 DISPENSING WITH NECESSITY FOR BIDS:

Notwithstanding the provisions of section 1-03-1305 of this Article, if bids have been solicited by the Purchasing Agent, as required in this Article, and no bids have been received, or it is determined by the Purchasing Agent that it would not be in the best interest of the County to accept a bid, the Purchasing Agent may cancel the bid, reject all bids and solicit new bids, or may negotiate with individual vendors to obtain the commodity or service under terms that serve the best interests of the County.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3395, effective 11-12-09; amended by Ord. No. 3550, effective 1-17-19)

1-03-1325 RETENTION OF BIDS:

Bids shall be kept on file for the period of time specified in the County Records Retention/Destruction Policy, as such policy may be amended from time to time. Thereafter they may be destroyed.

(Amended by Ord. No. 3550, effective 1-17-19)

1-03-1330 REQUISITION FOR PURCHASE:

(a)    The Purchasing Agent shall supply the various offices, institutions, and departments of the County with forms, requisitions, and reports of goods received or services rendered, and the same shall be filled out with as many copies as may be deemed necessary by the Purchasing Agent.

(b)    All requests for purchases made through the Purchasing Agent shall be submitted on a requisition form. Such requisition shall specify the quantities desired, provide a complete description or specification of the item or service required, an explanation of usage, and shall be signed by the proper authority. Brand names are to be indicated on requisitions only to describe a standard quality or what has been formerly used; provided, however, that proprietary drugs when required shall be indicated as such.

(c)    Upon receipt of a properly completed requisition, the Purchasing Agent shall initiate the acquisition process. If the Purchasing Agent refuses to act upon a requisition, the officer or employee requesting the expenditure may bring the matter before the Board of Supervisors for review.

(d)    Written requisitions may be destroyed after the period of time specified in the County Records Retention/Destruction Policy, as such policy may be amended from time to time, and such requisitions need not be photographed, reproduced or microfilmed.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)

1-03-1335 PURCHASE ORDERS:

The purchasing Agent shall, from time to time, determine the form for the purchase order and the procedure to be followed in processing purchase orders. No purchase order or contract shall be issued by the Purchasing Agent to a vendor unless sufficient funds have been budgeted and are available to pay for the materials or services which have been requisitioned.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)

1-03-1340 DECLARATION OF SURPLUS PROPERTY:

Personal property no longer needed for use by an office or department of the County shall be immediately declared as surplus by the using agency, and the Purchasing Agent shall supply property forms for such declaration. The form shall contain the quantity, description, serial number, date of purchase, and such other pertinent information as may be required by the Purchasing Agent, and shall be filed with the Purchasing Agent. If the personal property is to be sold or traded in as a credit for purchase, the procedure shall be in accordance with section 25503 et seq. of the Government Code.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)

1-03-1345 INTERDEPARTMENTAL TRANSFER OF PROPERTY:

Whenever any office or department of the County requires materials, supplies or equipment, or any personal property which has been declared to be surplus, a requisition in the same form and issued in the same manner as hereinbefore provided shall be presented to the Purchasing Agent. The Purchasing Agent may authorize the transfer, and the departmental inventories shall be adjusted accordingly.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)

1-03-1350 EXCEPTIONS TO PURCHASE ORDER PROCEDURE: ADVERTISING:

County departments may secure newspaper advertising of legal notices and other documents required to be published for the discharge of their duties without securing a purchasing order. The invoice from the newspaper shall be sent to the County Auditor for payment from funds budgeted for such advertising.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)

1-03-1355 EXCEPTIONS TO PURCHASE ORDER PROCEDURE: DIRECT PURCHASING:

Authorization and the procedure to be followed for making direct purchases in total amounts not to exceed Four Thousand Dollars ($4,000) by County departments shall be determined by the Purchasing Agent, and such authorization may be revoked or amended at any time by the Purchasing Agent.

(Amended by Ord. No. 3136, effective 10-26-95; amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3405, effective 5-20-10)

1-03-1360 EMERGENCY PURCHASES:

(a)    In an emergency as defined in section 1-15-1005 of this Ordinance Code, the procedures in Chapter 15 of this Part, entitled "Civil Defense and Disaster," shall be followed.

(b)    In all other cases, an emergency shall be deemed to exist when the Purchasing Agent or any of his or her assistants cannot be contacted by telephone or radio, and materials, supplies, or rental equipment is immediately necessary for the preservation of life or property, or to prevent the breakdown of a county service at substantial expense to the County. Emergency purchases may be made by any employee or official authorized to sign requisitions. Each emergency purchase shall be reported to the Purchasing Agent within ten (10) calendar days after the purchase is made. Such emergency purchases may be subsequently ratified by the Purchasing Agent, or if he or she refuses such ratification, or if such ratification is beyond the authority of the Purchasing Agent, the Board of Supervisors may subsequently approve and ratify such purchase by a four-fifths (4/5) vote of the entire Board. Unless an emergency purchase is so approved and ratified by either the Purchasing Agent or the Board of Supervisors, the cost thereof shall not constitute a legal charge against the County, but shall constitute a charge against the person making the same. No purchase shall be approved or confirmed by the Purchasing Agent or by the Board of Supervisors under this section except upon an express finding by the Purchasing Agent or by the Board that an emergency actually existed at the time of the acquisition of such property.

(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)

1-03-1365 UNLAWFUL PURCHASES:

If any officer, employee or agent of the County makes a purchase or contracts for services contrary to the provisions of this Article, such order or contract shall be void and of no effect. The head of the department, office, or institution shall be personally liable for the amount of such purchase, order, or contract and, if already paid for out of County funds, the amount thereof may be recovered in the name of the County in an appropriate action therefor.

(Amended by Ord. No. 3550, effective 1-17-19)

1-03-1370 BOARD OF STANDARDIZATION:

The Board of Supervisors may establish a Board of Standardization to be composed of the Purchasing Agent, as Chairman, and such other officials as the Board of Supervisors may designate. The members of such Board of Standardization shall serve without additional compensation.

(Amended by Ord. No. 3204, effective 5-14-98)

1-03-1375 SAME: DUTIES:

If a Board of Standardization is established, it shall be the duty of such Board to classify the requirements of the County government for supplies, materials and equipment which are common to the needs of two or more agencies and which are purchased repeatedly; to adopt as standards the minimum number of qualities, sizes and varieties of such supplies, materials and equipment consistent with the efficient operation of the County; and to prepare, adopt and promulgate written specifications describing such standards. The Board of Standardization shall, to the maximum practicable extent, adopt for County use the standard specifications of other governmental units and nationally recognized standardizing bodies.

1-03-1380 SAME: STANDARDIZATION OF PURCHASES:

All specifications must be definite and certain and permit of competitive bidding after they are adopted. Each standard specification shall, until revised or rescinded, apply alike in terms and effect to every future purchase and contract for the commodity described in such specification.

1-03-1385 SAME: PURCHASING AGENT TO PERFORM DUTIES:

Until a Board of Standardization is established, the Purchasing Agent shall exercise the authority and carry out the duties conferred by sections 1-03-1375 thru 1-03-1380.

(Amended by Ord. No. 3204, effective 5-14-98)

1-03-1395 SAME: PURCHASE OF SUPPLIES AND MATERIALS:

(Amended by Ord. No. 3204, effective 5-14-98)

Repealed by Ord. No. 3550.

1-03-1400 SAME: ISSUE OF SUPPLIES AND MATERIALS TO DEPARTMENTS:

(Amended by Ord. No. 3204, effective 5-14-98)

Repealed by Ord. No. 3550.

1-03-1405 SAME: CONTROL LEDGER AND AUDIT:

(Amended by Ord. No. 3204, effective 5-14-98)

Repealed by Ord. No. 3550.

1-03-1410 SURPLUS REAL PROPERTY: DELEGATION OF AUTHORITY:

In accordance with Government Code section 25526.5, the Board of Supervisors may determine that any real property or interest therein belonging to the County is no longer needed for County or other public purposes, and that the estimated value of the real property or interest therein does not exceed the maximum amount specified in Government Code section 25526.5, as such section may be amended from time to time ($25,000 as of the date of amendment of this ordinance). If such a determination is made by the Board of Supervisors, the Board of Supervisors hereby designates the Purchasing Agent as the officer directed to sell, exchange, quitclaim, or convey the real property or interest therein upon such terms and conditions as the Purchasing Agent deems appropriate; provided, that notice of intention that the Purchasing Agent will execute the sale shall be posted in a public place for five working days prior to effecting the transfer.

(Added by Ord. No. 3418, effective 11-18-10; amended by Ord. No. 3550, effective 1-17-19)

ARTICLE 9. WATER COMMISSION

1-03-1455 WATER COMMISSION: ESTABLISHMENT:

Pursuant to section 31000.1 of the Government Code of the State of California, and Tulare County Water Commission is hereby established.

1-03-1460 SAME: MEMBERSHIP:

(a)    The Water Commission shall be composed of nine (9) voting members, one (1) nonvoting chairman, and one (1) nonvoting alternate chairman. The Board of Supervisors shall appoint eight (8) voting members. The eight (8) voting members shall be comprised of one appointment representing each of the (5) Supervisorial districts and three (3) at-large members. The Tulare County Association of Governments shall appoint one (1) elected official from its Board of Governors to serve as a voting member on the Water Commission. Terms shall be for two (2) years, commencing on the 1st day of May. The Board of Supervisors, at its discretion, may appoint a member to a greater or lesser term in order to ensure that the terms of the nine (9) members are staggered.

(b)    In order to qualify for appointment by the Board of Supervisors, the members should have knowledge, interest, or experience as determined and desired by the Board of Supervisors in one or more of the following areas: the building industry, community development, conservation and other environmental interests, water rights, water provision and irrigation services, flood control matters, agricultural and dairy industries, or local government, including tribal government. A district representative member must live or work in that district.

(Amended by Ord. No. 3340, effective 4-3-07; amended by Ord. No. 3346, effective 7-24-07; amended by Ord. No. 3521, effective 1-18-18)

1-03-1462 SAME: MEMBERSHIP: OFFICERS:

The officers of the Water Commission shall be a Chairman, a Vice-Chairman and a Secretary. The Board of Supervisors shall designate one of its members to serve as the Chairman of the Water Commission for a term specified by the Board. The Board shall also designate a member of its Board to serve as alternate Chairman in the absence of the designated Chairman. The Supervisor shall serve as an ex officio, nonvoting member of the Water Commission. The Vice-Chairman and Secretary shall be elected by the Water Commission from among the members of the Commission in accordance with the rules adopted by the Water Commission for the conduct of its business, and they shall perform such duties as determined by the Water Commission.

(Added by Ord. No. 3346, effective 7-24-07; amended by Ord. No. 3521, effective 1-18-18)

1-03-1465 SAME: VACANCIES:

The occurrence of any of the events specified in section 1770 of the Government Code of the State of California shall cause a vacancy in the office of a member of the Commission. In addition, a vacancy shall occur whenever a member of the Commission fails to attend three (3) consecutive regular meetings of the Commission without good cause for such failure to attend having been entered in the minutes and approved by the Commission. The Commission shall advise the Clerk of the Board of Supervisors and the member when a vacancy has occurred so that the vacancy may be filled. Tulare County Association of Governments shall appoint to fill any vacancy in the office of the member appointed by it. The Board of Supervisors shall appoint to fill any vacancies in the officers of the members appointed by it. Any appointment shall be fore the unexpired portion of the term.

(Amended by Ord. No. 3346, effective 7-24-07)

1-03-1470 SAME: OFFICERS:

Repealed by Ord. No. 3521.

1-03-1475 SAME: MEETINGS:

The Water Commission shall hold regular meetings at a time and place determined by the members in accordance with the Ralph M. Brown Act. The Board of Supervisors shall direct the frequency of meetings by resolution and provide for the calling of the first meeting in 2007. The Water Commission shall adopt all necessary rules governing the transaction of business at its meetings and other affairs of the Water Commission.

(Amended by Ord. No. 3340, effective 4-3-07)

1-03-1480 SAME: COMPENSATION: EXPENSES:

The members of the Water Commission shall serve without compensation. Members of the Water Commission shall receive reimbursement for actual and necessary travel expenses incurred in the performance of their duties in accordance with section 1-19-1200 of this Ordinance Code. Travel outside the County must be approved by the Public Works Director and travel outside the State must be approved by Board of Supervisors action. These approvals must be received in advance of travel.

(Amended by Ord. No. 3340, effective 4-3-07)

1-03-1485 SAME: DUTIES:

The Water Commission shall perform the following duties:

(a)    Consider all water problems affecting the County and report their findings and recommendations to the Board of Supervisors.

(b)    Make reports to the Board of Supervisors on matters referred to the Water Commission by the Board of Supervisors.

(c)    Inform the citizens of the County of Tulare with regard to water problems affecting the County.

(d)    File a copy of the minutes of each meeting of the Water Commission with the Board of Supervisors.

(e)    Perform such other duties as the Board of Supervisors may direct.

ARTICLE 11. PLANNING AGENCY

1-03-1535 PLANNING AGENCY:

Pursuant to Section 65100 et seq. of the Government Code of the State of California, a Planning Agency is hereby established for the County of Tulare. The Planning Agency shall consist of the Tulare County Planning Commission and the Tulare County Resource Management Agency.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1540 TULARE COUNTY PLANNING COMMISSION: ESTABLISHMENT AND MEMBERSHIP:

The Tulare County Planning Commission is hereby established. The Planning Commission shall be composed of seven (7) members and one Alternate member who shall be appointed by the Board of Supervisors from among the residents of the County. Of the seven (7) members first appointed, two (2) members shall be appointed for terms which will expire on December 31, 1965, two (2) members shall be appointed for terms which will expire on December 31, 1966, two (2) members shall be appointed for terms which will expire on December 31, 1967, and one (1) member shall be appointed for a term which will expire on December 31, 1968. The Alternate member first appointed shall be appointed for a term to expire on December 31, 2013. All subsequent appointments shall be for terms of four (4) years; provided, however, that when there is a vacancy on the Planning Commission the Board of Supervisors shall fill the vacancy by an appointment for the unexpired portion of the term.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1545 PLANNING COMMISSION VACANCIES:

The occurrence of any of the events specified in Section 1770 of the Government Code of the State of California shall cause a vacancy in the office of a member of the Planning Commission. In addition, a vacancy shall occur whenever a member of the Planning Commission fails to attend three (3) consecutive regular meetings of the Planning Commission without good cause for such failure to attend having been entered in the minutes and approved by the Planning Commission. The Planning Commission shall advise the Board of Supervisors and the member when a vacancy has occurred so that the Board may fill the vacancy.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1550 PLANNING COMMISSION OFFICERS:

The officers of the Planning Commission shall be a Chairman, a Vice Chairman and a Secretary. The Chairman and Vice Chairman shall be elected by the Planning Commission from among the members of the Planning Commission. The election procedures, terms of office and duties of the Chairman and Vice Chairman shall be determined by the Planning Commission. The Director of the Resource Management Agency shall serve as the Secretary of the Planning Commission and shall perform such duties as determined by the Planning Commission.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1555 REMOVAL OF PLANNING COMMISSION MEMBERS:

Any member of the Planning Commission may be removed at any time by a majority vote of the Board of Supervisors.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1560 PLANNING COMMISSION MEETINGS AND RULES:

The Planning Commission shall hold a regular meeting at least once each month at a time and place determined by the members, and such additional meetings as the members determine to be necessary. The Planning Commission shall adopt rules governing the transaction of business at its meetings and the other affairs of the Planning Commission.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1565 PLANNING COMMISSION COMPENSATION: EXPENSES:

The members of the Planning Commission shall receive compensation for their attendance at meetings of the Planning Commission in the amount fixed by resolution of the Board of Supervisors. All members of the Planning Commission shall receive reimbursement for actual and necessary travel expenses incurred in the performance of their duties in accordance with Section 1-19-1200 of this Ordinance Code. Travel outside the County must be approved by the Director of the Resource Management Agency and travel outside the State must be approved by Board of Supervisors action. These approvals must be received in advance of travel.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1570 PLANNING COMMISSION DUTIES:

The Planning Commission shall perform the following duties:

(a)    All duties required to be performed by a county planning commission under Section 65100 et seq. of the Government Code of the State of California and other applicable State laws.

(b)    All duties required to be performed by a county planning agency under Section 65100 et seq. of the Government Code of the State of California and other applicable State laws, except those duties which the Planning Commission authorizes the Resource Management Agency to perform.

(c)    The alternate member shall perform the duties of a Planning Commissioner by sitting as a member when a seat is vacant, when a member is absent, or when a member declares a conflict of interest and is recused. The alternate member shall have all the power and authority of a Planning Commissioner when filling in for said occurrences. Otherwise the alternate member shall attend all regular and special meetings as may be scheduled and shall act as an observer.

(d)    The duty to review and recommend action on proposed amendments to the general plan.

(e)    Such other duties as the Board of Supervisors may direct.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1575 RESOURCE MANAGEMENT AGENCY: DIRECTOR:

The Tulare County Resource Management Agency is established pursuant to Section 1-03-1070 of this Chapter and the position of Resource Management Director is established pursuant to Section 1-03-1075 of this Chapter. The Resource Management Director shall manage the affairs of the Resource Management Agency. The Resource Management Director shall have such employees to assist in carrying out the duties of Resource Management Agency as the Board of Supervisors shall authorize and the Resource Management Director shall be the appointing power who appoints such employees unless otherwise provided in this Code or by statute. The Resource Management Director and all employees in the Resource Management Agency shall be subject to the same laws, ordinances, resolutions, and have the same rights and obligations, as all other County employees.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1580 SAME: DUTIES:

The Resource Management Agency shall perform the following duties:

(a)    All duties required to be performed by a county planning department under Section 65100 et seq. of the Government Code of the State of California, and other applicable State laws.

(b)    All duties required to be performed by a county planning agency under Section 65100 et seq. of the Government Code of the State of California and other applicable State laws which the Planning Commission authorizes the Resource Management Agency to perform.

(c)    Coordination of review and decision making and provision of information regarding the status of all applications and permits for residential, commercial and industrial developments as required by the provisions of Section 65913.3 of the Government Code of the State of California.

(d)    Preparation of an annual report to the Board of Supervisors identifying the cost, or estimated cost, of providing those services for which fees or service charges are authorized to be levied. Such report shall also identify the revenues anticipated to be applied to such services for the succeeding fiscal year and shall show the relationship of revenue to service delivery cost.

(e)    Such other duties as the Board of Supervisors or the Planning Commission may direct.

(Amended by Ord. No. 3393, effective 10-1-09)

1-03-1585 THE OFFICE OF ZONING ADMINISTRATOR: ABOLISHED:

The Office of Zoning Administrator established pursuant to Section 65900 of the Government Code of the State of California is abolished. All duties of the Zoning Administrator are transferred to the Tulare County Planning Commission and the Tulare County Planning Commission is directed and authorized to execute all of the duties, responsibilities and authority formerly vested in the Zoning Administrator by any and all state and federal laws, statutes, regulations, agreements and directives and other official instruments and all of the duties, responsibilities, and authority formerly vested in the Zoning Administrator by any and all County of Tulare Ordinances, resolutions, agreements, directives, letters, certifications or other official instruments. All references to the Office of Zoning Administrator or the Zoning Administrator in all other sections, except for Section 1-03-1590 of this Ordinance Code of Tulare County, and in Tulare County Ordinance No. 352 as amended (commonly referred to as the Zoning Ordinance of Tulare County), any and all other County of Tulare Ordinances, resolutions, agreements, directives, letters, certifications or other official instruments shall be deemed to refer to the Tulare County Planning Commission.

(Amended by Ord. No. 3393, effective 10-1-09; amended by Ord. No. 3423, effective 5-5-11)

1-03-1590 ZONING ADMINISTRATOR DUTIES: PLANNING COMMISSION:

The Tulare County Planning Commission shall perform the following duties:

(a)    All duties required to be performed by a Zoning Administrator under Section 65100 et seq. of the Government Code of the State of California and other applicable State laws.

(b)    All duties required to be performed by the Zoning Administrator under the Zoning Ordinance of Tulare County.

(c)    All other duties that the Board of Supervisors has directed the Zoning Administrator or Office of Zoning Administrator to perform.

(Amended by Ord. No. 3393, effective 10-1-09; amended by Ord. No. 3423, effective 5-5-11)

ARTICLE 13. THE TULARE COUNTY REDEVELOPMENT AGENCY

1-03-1640 PURPOSE:

(a)    It is the purpose of this Article to promote the sound development and redevelopment of blighted areas within the County and to protect the general welfare of the inhabitants of this County by remedying such blighted conditions through the employment of all appropriate means in accordance with State policy as set forth in the Community Redevelopment Law, Health and Safety Code section 33000 et seq.

(b)    As the State of California has determined under Health and Safety Code section 33037 that the redevelopment of blighted areas constitutes a public use and purpose for which public money may be advanced or expended and private property acquired in the interests of the inhabitants of such areas and the rest of the County, it is the purpose of this Article to allow the County to take all such appropriate steps available to promote the sound development and redevelopment of blighted areas.

1-03-1645 DETERMINATION:

It is hereby found and declared, pursuant to Health and Safety Code section 33101, that there is a need for the redevelopment agency as established under Health and Safety Code section 33100 to function in the County of Tulare.

1-03-1650 ESTABLISHMENT:

The Tulare County Redevelopment Agency is hereby established and authorized to transact business and exercise all powers vested in such agencies by Health and Safety Code section 33000 et seq.

1-03-1655 LEGISLATIVE BODY AS THE AGENCY:

The Board of Supervisors, pursuant to Health and Safety Code section 33200, does hereby declare itself to be the Tulare County Redevelopment Agency and all rights, powers, duties, privileges and immunities vested in such Agency by Health and Safety Code section 33000 et seq., shall be vested in the Board of Supervisors acting as the Tulare County Redevelopment Agency.

1-03-1660 FISCAL YEAR:

The fiscal year of the Tulare County Redevelopment Agency is hereby established as July 1 through June 30.

ARTICLE 15. TULARE COUNTY MUSEUM

1-03-1710 TULARE COUNTY MUSEUM: ESTABLISHMENT:

Pursuant to section 5120 et seq. of the Public Resources Code of the State of California, the Tulare County Museum is hereby established. Said Museum shall be situated in Mooney Grove Park.

1-03-1715 TULARE COUNTY MUSEUM BOARD:

Repealed by Ord. No. 3630.

1-03-1720 SAME: MUSEUM BOARD:

The Tulare County Museum shall be advised by a Museum Board. The Museum Board shall hold a meeting in the month of February each year and such other meetings as the Museum Board determines to be necessary. The Museum Board shall adopt all necessary bylaws and other documents governing the conduct of its meetings and the exercise of the duties and powers of the Museum Board. Bylaws shall be approved by the Board of Supervisors.

(Amended by Ord. No. 3630, effective 10-12-23)

1-03-1725 SAME: VACANCIES:

Repealed by Ord. No. 3630.

1-03-1730 SAME: POWERS AND DUTIES OF MUSEUM BOARD:

The Museum Board shall perform the following duties:

(a)    Advise the Board of Supervisors concerning the promotion of the objectives and purposes of the Tulare County Museum.

(b)    Advise the Board of Supervisors concerning the acquisition, exhibition and utilization of objects and exhibits.

(c)    Advise and assist the curator and all other persons employed by the County to operate and maintain the Museum.

(d)    Exercise all other powers authorized by section 5120 et seq. of the Public Resources Code of the State of California when directed to do so by the Board of Supervisors.

(Amended by Ord. No. 3630, effective 10-12-23)

1-03-1735 SAME: MEETINGS:

Repealed by Ord. No. 3630.

1-03-1740 SAME: CURATOR:

A curator for the Tulare County Museum shall be appointed pursuant to the procedure specified in section 1-03-1020 of this Ordinance Code. The curator shall supervise the Museum and the objects and exhibits contained therein. The curator may accept, on behalf of the County, donations or loans of objects or exhibits, and shall be charged with the responsibility of indexing, cataloging and exhibiting the objects and exhibits contained in the Museum, subject to the direction and control of the Museum Board. The curator shall not purchase any object or exhibit on behalf of the Museum without the prior approval of the Board of Supervisors, unless the budget adopted for the Museum by the Board of Supervisors authorizes such expenditure. Assistants to the curator may be appointed in the same manner as the curator who shall have the same powers and duties as the curator and shall be subject to the supervision and control of the curator.

(Amended by Ord. No. 3630, effective 10-12-23)

1-03-1745 CURATOR:

Repealed by Ord. No. 3630.

1-03-1750 DUTIES OF MUSEUM BOARD:

Repealed by Ord. No. 3630.

ARTICLE 17. DELINQUENCY PREVENTION COMMISSION

1-03-1800 DELINQUENCY PREVENTION COMMISSION: ESTABLISHMENT AND MEMBERSHIP:

Pursuant to section 233 of the Welfare and Institutions Code of the State of California, a Delinquency Prevention Commission is hereby established for the County of Tulare. The Juvenile Justice Commission of the County of Tulare is hereby designated to serve as the Delinquency Prevention Commission of the County of Tulare.

1-03-1805 SAME: EXPENSES:

The members of the Delinquency Prevention Commission shall receive reimbursement for actual and necessary travel expenses incurred in the performance of their duties in accordance with section 1-19-1200 of this Ordinance Code. Travel outside the County must be approved by the Chief Probation Officer and travel outside the State must be approved by Board of Supervisors action. These approvals must be received in advance of travel.

ARTICLE 18. DEPARTMENT OF CHILD SUPPORT

1-03-1830 DEPARTMENT OF CHILD SUPPORT SERVICES: ESTABLISHMENTS:

As provided in Section 17304 of the Family Code of the State of California, the Department of Child Support Services is hereby established. All assets of the Family Support Division of the District Attorney shall be designated as assets of the new department.

(Added by Ord. No. 3253, effective 4-12-01)

1-03-1831 DIRECTOR OF CHILD SUPPORT SERVICES:

The Director of Child Support Services shall be appointed pursuant to the procedure specified in Section 1-03-1020 of this Ordinance Code. All references in the Tulare County Ordinance Code, any uncodified County Ordinance, any resolution, contract or document, to the District Attorney in his capacity as administrator of the Family Support Division shall be deemed to refer to the Director of the Department of Child Support Services or such duly authorized and qualified assistants as the Director shall appoint.

(Added by Ord. No. 3253, effective 4-12-01)

1-03-1832 PLAN OF TRANSITION:

The Department of Child Support Services shall not become operational until approval by the State Director of Child Support Services of a plan of transition of child support services from the District Attorney to the Department of Child Support Services as provided in Section 17305 of the Family Code of the State of California.

(Added by Ord. No. 3253, effective 4-12-01)

ARTICLE 19. COUNTY HEALTH AUTHORITY

1-03-1855 PURPOSE:

The purpose of this Article is to establish a special county health authority as authorized by section 14087.38 of the Welfare and Institutions Code in order to meet the problems of delivery of publicly assisted medical care in the county and to demonstrate ways of promoting quality and cost efficiency in the delivery of health care. The Board of Supervisors may convert the special health authority established by this Article to the special commission authorized by section 14087.31 of the Welfare and Institutions Code when that section takes effect on January 1, 1995 by adoption of a resolution to that effect at any time subsequent to January 1, 1995.

1-03-1860 ESTABLISHMENT OF AUTHORITY:

The Board of Supervisors does hereby establish a special county health authority (hereinafter referred to as the "commission") to negotiate and enter into a contract with the California Department of Health Services as authorized by section 14087.3 of the Welfare and Institutions Code, and to arrange for the provision of health care services provided pursuant to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code.

1-03-1865 NAME:

The name of the commission shall be "MediCo Community Health Services Commission."

1-03-1870 MEMBERSHIP: QUALIFICATIONS: APPOINTMENT:

The authorized number of members of the commission shall be eleven (11), who shall either be legal residents of the County of Tulare, or persons who have a primary place of employment or business located in the County of Tulare. Three (3) members must be elected or appointed officers or employees of the County of Tulare, at least two (2) of whom are members of the Tulare County Board of Supervisors; three (3) members must be persons selected at large who are not representing any health care interest, at least one of whom is a Medi-Cal recipient, or parent/guardian/representative of a Medi-Cal recipient, and one of whom represents the business community; and, five (5) members must be representatives of providers of health care services in Tulare County, including: two (2) physicians, two (2) hospital administrators, and, one (1) representative from a qualified community based clinic or organization which (a) provides Medi-Cal services, (b) is licensed or certified by the State, and (c) is free-standing (not hospital affiliated). The Board of Supervisors shall appoint those individuals who are members of the board of directors of MediCo Community Health Services, Inc., a California nonprofit public benefit corporation, as members of the commission to serve as representatives of the constituencies for which they were first appointed to the board of directors of that corporation by the Board of Supervisors. The Board of Supervisors shall thereafter appoint all members of the commission, as follows: The members who are required to be officers or employees of the County of Tulare shall be appointed from its own nominations; The members who are required to be selected at large shall be appointed from a list of seven (7) qualified nominees submitted by the commission itself, and the nominees shall include the names of at least three (3) Medi-Cal recipients, or parents/guardians/representatives of a Medi-Cal recipient members who are required to be physicians shall be appointed from a list of qualified nominees to which each hospital located in Tulare County shall have the right to nominate one (1) physician from its active staff. The members who are required to be hospital administrators shall be appointed from a list of qualified nominees to which each hospital located in Tulare County shall have the right to nominate one (1) hospital administrator, assistant or associate administrator, or member of its own governing board. The member who is required to be a representative from a community based clinic or organization providing Medi-Cal services shall be appointed from a list of no more than three (3) qualified nominees to be submitted jointly by the qualified clinics and organizations providing Medi-Cal services in Tulare County.

1-03-1875 TERM:

Except as otherwise provided for the initial terms below, each member shall serve for three (3) years, and until a successor has been appointed by the Board of Supervisors. At the conclusion of a term, a member may be reappointed to an additional term, except that no member may serve on the commission for more than three (3) consecutive terms. In order to establish initial terms that have staggered expiration dates, and to provide continuity of service, the Board of Supervisors shall first by resolution appoint members to serve in classes with initial terms designated as follows: Class A: three (3) members to serve until December 1, 1996; Class B: four (4) members to serve until December 1, 1997; and, Class C: four (4) members to serve until December 1, 1998.

1-03-1880 VACANCIES:

The occurrence of any of the events specified in section 1770 of the Government Code shall cause a vacancy in the office of a member of the commission. If a member ceases to have the qualifications for his or her position on the commission as prescribed by this Article, the Board of Supervisors may by resolution remove that member from office and declare his or her position vacant. Upon recommendation of the commission, the Board of Supervisors may remove a member from office without cause.

1-03-1885 OFFICERS:

The officers of the commission shall be a Chairman, a Vice-Chairman, a Secretary, and a Treasurer. The commission may also have, at the commission’s discretion, one or more assistant secretaries, one or more assistant treasurers, and such other officers as the commission shall determine it requires. The Board of Supervisors shall appoint those individuals who are officers of MediCo Community Health Services, Inc. to the same offices in the commission.

1-03-1890 MEETINGS: BYLAWS:

The commission shall hold regular meetings at least once each month at a time and place determined by the members, and such additional meetings as the members determine to be necessary. The Board of Supervisors shall adopt as bylaws governing the transaction of business and the other affairs of the commission those bylaws now existing for MediCo Community Health Services, Inc.

1-03-1895 COMPENSATION: EXPENSES:

The members of the commission shall serve without compensation, except that they may receive such reimbursement of expenses as the commission may determine by resolution to be just and reasonable.

1-03-1900 DUTIES:

The commission shall perform the following duties:

(1)    The commission shall exercise all rights, powers, duties, privileges, and immunities vested in a county contracting with the Department of Health Services pursuant to section 14087.3 of the Welfare and Institutions Code.

(2)    The commission may also enter into contracts for the provision of health care services to individuals, including, but not limited to, those covered under Subchapter XVIII (commencing with section 1395) of Chapter 7 of Title 42 of the United States Code, those entitled to coverage under other publicly supported programs, those employed by public agencies or private businesses, and uninsured or indigent persons.

(3)    Prior to commencement of operations, the commission shall be licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2, commencing with section 1340, of Division 2 of the Health and Safety Code).

(4)    The commission shall assume any and all rights and obligations, and assume any and all debts and liabilities of, MediCo Community Health Services, Inc., a California nonprofit public benefit corporation previously established by the Board of Supervisors to develop and manage a local health initiative to provide managed health care services for MediCo recipients.

1-03-1905 TERMINATION:

The commission has been established by the Board of Supervisors, and shall terminate whenever the Board of Supervisors shall determine that the commission is no longer functioning for the purposes for which it was established.

ARTICLE 21. FEDERALLY QUALIFIED HEALTH CENTERS

1-03-1955 PURPOSE:

The purpose of this Article is to establish a commission to act as a governing board for qualified health centers pursuant to 42 U.S.C. 1385 x(aa)(3) ("Tulare County FQHC") operating at one or more locations.

1-03-1960 ESTABLISHMENT OF COMMISSION:

There is hereby established in Tulare County a commission, which shall be known as the Community Health Center Board ("CHCB") to act in conjunction with the Board of Supervisors as the governing board of the Tulare County FQHC.

1-03-1965 MEMBERSHIP:

(a)    Repealed by Ord. No. 3593.

(b)    Compositions.

(1)    Consumer members shall constitute a majority of the CHCB members. A consumer member is an individual who is, or who will be, served by the Tulare County FQHC or who has custodial/legal responsibilities for a direct consumer of services. Consumer members as a group shall be reasonably representative of the individuals being served by the Tulare County FQHC in terms of demographics, economic status, race, ethnicity and gender. Preferable geographic distribution of the consumer members shall be at least one (1) from each Supervisorial District in Tulare County.

(Amended by Ord. No. 3135, effective 10-19-95) (Amended by Ord. No. 3322, effective 02-07-06; amended by Ord. No. 3593, effective 07-08-21)

1-03-1970 TERMS: VACANCIES:

Repealed by Ord. No. 3593.

(Amended by Ord. No. 3135, effective 10-19-95; amended by Ord. No. 3426, effective 7-7-11; amended by Ord. No. 3461, effective 8-7-14)

1-03-1975 BYLAWS:

Repealed by Ord. No. 3593.

1-03-1980 COMPENSATION AND EXPENSES:

Repealed by Ord. No. 3593.

1-03-1985 MEETINGS:

Meetings shall be held at least monthly at a location within Tulare County. The person or persons having direct administrative responsibility for the operation of the Tulare County FQHC shall attend all meetings of the CHCB.

1-03-1990 DUTIES:

Repealed by Ord. No. 3593.

1-03-1995 LIMITATIONS ON AUTHORITY:

The Board of Supervisors shall retain authority to set general policy on fiscal and personnel matters for the Tulare County FQHC, including policies related to financial management practices, charging and rate setting, labor relations and conditions of employment. The CHCB may not adopt any policy or practice, or take any action, which is inconsistent with the Tulare County Ordinance Code, or which alters the scope of any policy set by the Board of Supervisors on fiscal or personnel issues.

1-03-2000 CONFLICT OF INTEREST:

Repealed by Ord. No. 3593.

(Amended by Ord. No. 3322, effective 02-07-06)

ARTICLE 23. OTHER COUNTY OFFICES

1-03-2040 FIRE DEPARTMENT; FIRE CHIEF:

(a)    Pursuant to Subsection (b) of Section 1 of Article 11 of the California Constitution and Section 24008 of the California Government Code, the Tulare County Fire Department and the office of the Tulare County Fire Chief are hereby established for the purpose of meeting public need in the extinguishment of fires and the preventing, eliminating or minimizing fire hazard for the safety and protection of life and property within the County. The Tulare County Fire Department and Tulare County Fire Chief shall carry out all of the duties and responsibilities of a county fire warden and a fire department and such other related duties and responsibilities as directed by the Board of Supervisors. All fire prevention and suppression services and functions within the purview of the County shall be performed by Tulare County Fire department under the administrative direction of the Tulare County Fire Chief, except as otherwise particularly provided by law.

(b)    The Tulare County Fire chief shall serve as the Department Head of the Tulare County Fire Department. The Fire chief shall be appointed by and serve at the will of the Board of Supervisors. Although not appointed as the Tulare County fire Warden, the Tulare County Fire Chief shall have all of the duties, responsibilities and authorities previously vested in the Tulare County Fire Warden and any reference to the Tulare County Fire Warden made in this Ordinance Code, any uncodified ordinances of the County, any Board of Supervisors Resolutions, any Tulare County Contracts or agreements or other documents to the County of Tulare and under the laws of the State of California relating to fire prevention and suppression shall be deemed to mean the Tulare County Fire Chief. The Fire Chief shall be accountable for any other duties and responsibilities established by the Tulare County Board of Supervisors by resolution, third party agreement or ordinance, or any authority delegated to the Fire Chief by the Board of Supervisors by resolution, third party agreement or ordinance.

1-03-2050 PUBLIC DEFENDER:

Pursuant to the provisions of section 27700 et seq. of the Government Code of the State of California, the office of Public Defender of the County of Tulare is hereby established, and the Public Defender shall be appointed pursuant to the procedure specified in section 1-03-1020 of this Ordinance Code.

1-03-2055 PUBLIC GUARDIAN:

Pursuant to the provisions of section 8000 et seq. of the Welfare and Institutions Code of the State of California, the Office of Public Guardian is hereby established.

1-03-2060 COUNTY AUDITOR: QUALIFICATIONS:

The provisions of sections 26945, 26945.1 and 26946 of the Government Code, concerning qualifications and ongoing education requirements for the office of County Auditor, are hereby adopted and made applicable to the office of County Auditor of Tulare County, by unanimous vote of the Board of Supervisors at a regular meeting with all members present.

(Amended by Ord. No. 3506, effective 7-27-17)

1-03-2061 COUNTY TREASURER-TAX COLLECTOR: QUALIFICATIONS: CONTINUING EDUCATION: INVESTMENT AUTHORITY:

(a)    Government Code sections 27000.7, 27000.8, and 27000.9 concern eligibility criteria for, and ongoing education requirements for, the office of the County Treasurer-Tax Collector. These sections, as may be amended, are hereby adopted and made applicable to the office of the County Treasurer-Tax Collector of Tulare County, by majority vote of the Board of Supervisors at a regular meeting with all members present.

(b)    (1)    The Board of Supervisors hereby delegates to the Treasurer-Tax Collector the authority to invest and reinvest the funds of the County, and the funds of other depositors in the County Treasury, pursuant to Chapter 4 (commencing with Section 53600) of Part 1 of Division 2 of Title 5 of the Government Code. This delegation of authority shall expire on June 30, 2018, but the Board of Supervisors, subject to review, may annually renew the delegation of authority prior to its expiration by resolution.

(2)    Annually the Treasurer-Tax Collector shall render to the Board of Supervisors for its review and approval at a public meeting a statement of investment policy which shall include all of the following:

(i)    A list of securities or other instruments in which the County Treasury may invest, according to law, including the maximum allowable percentage by type of security.

(ii)    The maximum term of any security purchased by the County Treasury.

(iii)    The criteria for selecting security brokers and dealers from, to, or through whom the County Treasury may purchase or sell securities or other instruments. The criteria shall prohibit the selection of any broker, brokerage, dealer, or securities firm that has, within any consecutive forty-eight (48) month period following January 1, 1996, made a political contribution in any amount exceeding the limitations contained in Rule G-37 of the Municipal Securities Rulemaking Board, to the County Treasurer-Tax Collector, any member of the Board of Supervisors, or any candidate for those offices.

(iv)    Limits to the receipt of honoraria, gifts, and gratuities from advisors, brokers, dealers, bankers, or other persons with whom the County Treasury conducts business by any member of the County Treasury Oversight Committee. These limits may be in addition to the limits set by a committee member’s own agency, by state law, or by the Fair Political Practices Commission.

(v)    A requirement that the County Treasurer-Tax Collector provide the County Treasury Oversight Committee with an investment report in the form and manner required by resolution of the Board of Supervisors.

(vi)    The manner of calculating and apportioning the costs, authorized by auditing, reporting, or otherwise handling or managing funds.

(vii)    The terms and conditions under which local agencies and other entities that are not required to deposit their funds in the County Treasury may deposit funds for investment purposes.

(3)    Any changes in the statement of investment policy shall also be reviewed and approved by the Board of Supervisors at a public meeting.

(Added by Ord. No. 3157, effective 4-19-96; amended by Ord. No. 3202, effective 4-2-98; amended by Ord. No. 3506, effective 7-27-17)

1-03-2062 INVESTMENT AUTHORITY: LIMITATIONS ON THE AUTHORITY OF THE TREASURER/TAX COLLECTOR TO ENTER INTO CONTRACTS:

Any delegation by the Board of Supervisors to the Treasurer/Tax Collector of authority to invest and reinvest the funds of the County, and the funds of other depositors in the County Treasury, does not include authority for the Treasurer/Tax Collector to enter into contracts, including, but not limited to, contracts for the services of accountants, attorneys, auditors or investment advisors, without prior review and approval by the Board of Supervisors, unless otherwise specifically authorized by law.

(Added by Ord. No. 3155, effective 3-12-96)

ARTICLE 25. CONSOLIDATION OF COUNTY OFFICES

1-03-2063 CONSOLIDATION OF OFFICERS: SHERIFF AND CORONER:

Pursuant to the provisions of section 24304 of the Government Code of the State of California, the duties of the offices of Sheriff and Coroner of Tulare County are hereby consolidated, and the budgets of said offices shall be consolidated pursuant to the provisions of section 24305 of the Government Code of the State of California.

1-03-2065 SAME: DISTRICT ATTORNEY AND PUBLIC ADMINISTRATOR:

Pursuant to the provisions of section 24304 of the Government Code of the State of California, the duties of the offices of District Attorney and Public Administrator of Tulare County are hereby consolidated and the budgets of said offices shall be consolidated pursuant to the provisions of section 24305 of the Government Code of the State of California.

1-03-2070 CONSOLIDATION OF OFFICES: TREASURER AND TAX COLLECTOR:

Pursuant to the provisions of section 24304 of the Government Code of the State of California, the duties of the offices of Treasurer and Tax Collector of Tulare County are hereby consolidated, and the budgets of said offices shall be consolidated pursuant to the provisions of section 24305 of the Government Code of the State of California.

1-03-2075 CONSOLIDATION OF OFFICES: COUNTY CLERK/RECORDER AND ASSESSOR:

Pursuant to the provisions of section 24304, subdivision (x) of the Government Code of the State of California, the duties of the offices of County Clerk/Recorder and Assessor of Tulare County are hereby consolidated, and the budgets of said offices shall be consolidated pursuant to the provisions of section 24305 of the Government Code of the State of California.

1-03-2080 SAME: COUNTY AGRICULTURAL COMMISSIONER AND COUNTY SEALER OF WEIGHTS AND MEASURES:

Pursuant to the provisions of section 24304 of the Government Code of the State of California, the duties of the offices of County Agricultural Commissioner and County Sealer of Weights and Measures are hereby consolidated, and the budgets of said offices shall be consolidated pursuant to the provisions of section 24305 of the Government Code of the State of California.

1-03-2085 CONSOLIDATION OF OFFICERS: AUDITOR, CONTROLLER, TREASURER AND TAX COLLECTOR:

Pursuant to the provisions of section 24300.5 of the Government Code of the State of California, and effective January 7, 2006, the duties of the offices of Auditor, Controller, Treasurer and Tax Collector shall be consolidated and the budgets of said offices shall be consolidated pursuant to the provisions of section 24305 of the Government Code of the State of California.

(Added by Ord. No. 3313, effective 08-16-05)

1-03-2086 QUALIFICATION AND OTHER REQUIREMENTS OF COMBINED POSITION OF AUDITOR, CONTROLLER, TREASURER, AND TAX COLLECTOR:

(a)    The provisions of both sections 26945, 26945.1 and 26946 of the Government Code, concerning qualifications for the office of County Auditor and Controller, and sections 27000.7, 27000.8, and 27000.9, concerning qualifications and requirements for the office of County Treasurer-Tax Collector, are hereby adopted and made applicable to the office of County Auditor-Controller/Treasurer-Tax Collector of Tulare County, by unanimous vote of the Board of Supervisors at a regular meeting with all members present. Accordingly, to be eligible for election or appointment to the office of Auditor-Controller/Treasurer-Tax Collector of Tulare County, a person must possess the qualifications established by state law for either County Auditor or County Treasurer/Tax Collector, or both.

(b)    All persons desiring to become a candidate for election to the position of Tulare County Auditor-Controller/Treasurer-Tax Collector shall provide to the Registrar of Voters with his or her Declaration of Candidacy a written statement declaring under penalty of perjury the manner under which he or she qualifies for the single combined office.

(c)    All persons desiring to be appointed to the position of Tulare County Auditor-Controller/Treasurer-Tax Collector in the event of a vacancy in that combined office shall provide to the Board of Supervisors with his or her request for appointment a written statement declaring under penalty of perjury the manner under which he or she qualifies for the single combined office.

(Added by Ord. No. 3506, effective 7-27-17)

ARTICLE 27. LAW LIBRARY

1-03-2130 LAW LIBRARY ESTABLISHED:

The provisions of section 6300 et seq. of the Business and Professions Code of the State of California concerning law libraries are hereby made applicable to the County of Tulare, and are ordained and declared to be in full force and effect in said County.

ARTICLE 29. SMOKING RESTRICTIONS

1-03-2180 SMOKING PROHIBITED IN TULARE COUNTY BUILDINGS: PENALTY:

It is unlawful for any person to smoke in any building, which is owned, controlled, leased or managed by the County of Tulare, or any vehicle owned or leased by the County except those vehicles, which are permanently assigned to a designated County officer or employee. Any person who violated any provisions of this article is guilty of an infraction.

ARTICLE 30. COURTHOUSE AND DEPARTMENT OF CHILD SUPPORT SERVICES SECURITY

1-03-2230 COURTHOUSE AND DEPARTMENT OF CHILD SUPPORT SERVICES SECURITY:

(a)    All persons entering any Tulare County courthouse and Department of Child Support Services must enter by means of any designated courthouse and Department of Child Support Services screening area and must submit their persons and property to screening for weapons ("entry screening").

(b)    It is unlawful for any person to breach, defeat, bypass, or tamper with any mechanism, system or facility installed to prevent, bar, or restrict access to any Tulare County courthouse and Department of Child Support Services with the intent to circumvent any entry screening, or to aid another in such a breach, defeat, bypass or tampering.

(c)    It is unlawful for any person to enter any Tulare County courthouse and Department of Child Support Services with the intent to circumvent the entry screening, or exit such courthouse by way of any access door, hallway, or entryway posted as "restricted" or "no access," unless authorized to do so by the Tulare County Sheriff or his or her designee whose duties and responsibilities include courthouse and Child Support Services security.

(d)    County, Court and Child Support employees who work in specific areas within Tulare County courthouses or Child Support Services, entering or exiting those buildings, or any other person designated and identified by the Tulare County Sheriff, may be searched to maintain a secure and safe environment for the public, employees, officers and property.

(Added by Ord. No. 3301, effective 09-21-04)

1-03-2235 VIOLATION: MISDEMEANOR:

Any person violating this article shall be deemed guilty of a misdemeanor or infraction, in the discretion of the prosecuting officer, punishable as provided in section 125 of this Ordinance Code.

(Added by Ord. No. 3301, effective 09-21-04)

ARTICLE 32. GENERAL SERVICES AGENCY

1-03-2300 GENERAL SERVICES AGENCY:

The General Services Agency is hereby established. The General Services Agency shall include the service divisions of County Museum; Custodial Services; Capital Projects; Facilities Services; Fleet Services; Grounds Services; Parks & Recreation; Print, Mail and Copy Services; Property Management; Purchasing; and Utilities, subject to the addition of other departments or service divisions, or deletion of departments or service divisions, as the Board of Supervisors may order by Resolution from time to time. All references in the Tulare County Ordinance Code, any other codified or uncodified County ordinance, or any other official County contracts, resolutions or other documents, to the Tulare County General Services Department, the Tulare County Purchasing Department, the Tulare County Parks and Recreation Department, or any of the above-listed service divisions, shall be deemed to refer to the Tulare County General Services Agency.

(Added by Ord. No. 3553, effective 5-2-19)

1-03-2310 GENERAL SERVICES DIRECTOR:

The General Services Director shall be appointed as the head of the General Services Agency pursuant to the procedure specified in 1-03-1020 of this Ordinance Code. All references in the Tulare County Ordinance Code, any other codified or uncodified County ordinance, or any other official County contracts, resolutions or other documents, to the General Services Director, Tulare County Purchasing Agent, the Tulare County Parks and Recreation Director, the Tulare County Parks Superintendent, or the director or its equivalent of any of the service divisions listed in section 1-03-2300, shall be deemed to refer to the General Services Director or such duly authorized and qualified division manager, or managers, as that Director shall appoint.

(Added by Ord. No. 3553, effective 5-2-19)

Article 33. CHIEF PROBATION OFFICER

1-03-2400 AUTHORITY TO APPOINT:

This Chapter is enacted pursuant to Government Code section 27770(b), which provides that in counties with established merit or civil service systems governing the methods of appointment and the tenure for the chief probation officer, the provisions of such merit or civil service system shall control as to such matters, and further based upon Tulare County’s merit system heretofore established pursuant to Chapter 7 of Part I of this Code and the Personnel Rules adopted thereunder, which governs the methods of appointment and tenure for the County’s chief probation officer.

(Added by Ord. No. 3607, effective 6-2-22)

1-03-2405 EX OFFICIO ADULT PROBATION OFFICER:

The position of "Chief Probation Officer" as used in this Article shall mean the person who is both the juvenile probation officer and the adult probation officer of the County, pursuant to Section 215 of the California Welfare and Institutions Code and Section 1203.5 of the California Penal Code.

(Added by Ord. No. 3607, effective 6-2-22)

1-03-2410 APPOINTMENT, AND SALARY AND BENEFITS:

The position of Chief Probation Officer shall be filled by appointment made by the Tulare County Board of Supervisors, at a salary and with employment benefits to be set by the Board at the time of appointment and adjusted from time-to-time as the Board deems appropriate. The appointment of a Chief Probation Officer, and his or her subsequent service and tenure in that position, shall be governed by the provisions of Sections 1-03-1020 (a) and 1-03-1020(b) of this Code.

(Added by Ord. No. 3607, effective 6-2-22)

1-03-2415 TITLE OF OFFICE:

The probation officer appointed by the Board as the juvenile probation officer, and who is ex officio the adult probation officer, shall be known as the Tulare County Chief Probation Officer.

(Added by Ord. No. 3607, effective 6-2-22)

1-03-2420 QUALIFICATIONS:

The Chief Probation Officer shall possess the qualifications set forth in Government Code Sections 1031 and following concerning the minimum standards for peace officers and shall also meet such additional qualifications as the Board of Supervisors may hereafter establish from time-to-time for such position.

(Added by Ord. No. 3607, effective 6-2-22)

1-03-2425 DUTIES:

The Chief Probation Officer shall perform such duties as are prescribed by law and as prescribed from time to time by the Board of Supervisors, including serving as the department head of the County Probation Department. The Chief Probation Officer shall manage the affairs of the County Probation Department and shall have such employees to assist in carrying out the duties of the County Probation Department as the Board of Supervisors shall authorize. The Chief Probation Officer shall be the appointing power who appoints such employees unless otherwise provided in this Code or by statute. The Chief Probation Officer and all employees in the County Probation Department shall be subject to the same laws, ordinances, resolutions, and have the same rights and obligations, as all other County employees holding similar positions.

(Added by Ord. No. 3607, effective 6-2-22)

1-03-2435 DISCIPLINE: DISMISSAL:

Considerations of any discipline or dismissal of the Chief Probation Officer shall be governed by the provisions of this Code, including Section 1-03-1020 (b), by the provisions of the Tulare County Personnel Rules and/or Administrative Regulations applicable to discipline processes with respect to County department heads, and such other laws as may be applicable to peace officers holding similar positions.

(Added by Ord. No. 3607, effective 6-2-22)