AB 972 Court consolidation: San Diego County Marshal's O BILL NUMBER: AB 972 AMENDED 06/28/99 BILL TEXT AMENDED IN SENATE JUNE 28, 1999 INTRODUCED BY Assembly Member Ducheny FEBRUARY 25, 1999 An act to add Section 72114.2 to {+ , to repeal Sections 26666 and 72114 of, and to repeal Article 25.5 (commencing with Section 74361) of Chapter 10 of Title 8 of, +} the Government Code, relating to court services. LEGISLATIVE COUNSEL'S DIGEST AB 972, as amended, Ducheny. Court consolidation: San Diego County Marshal's Office. {+ Existing law provides for the appointment of a marshal for San Diego County and sets forth the powers and duties of that office. +} Existing law {+ also +} authorizes the consolidation of court-related services in {- various counties -} {+ San Diego County +} . This bill would {+ repeal the above provisions and, instead, +} provide that the marshal's office in San Diego County shall be abolished {+ on or after January 1, 2000, +} and all personnel of the abolished office shall merge into {+ a bureau maintained as a separate organizational unit within +} the sheriff's department {+ upon the adoption of a resolution by the board of supervisors, as specified +} . {+ The bill would also declare that it constitutes necessary special legislation regarding San Diego County. +} By imposing additional duties on the sheriff's department, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. {- SECTION 1. Section 72114.2 is added to the -} {+ SECTION 1. Section 26666 of the Government Code is repealed. +} {- 26666. Notwithstanding any other provision of law, the board of supervisors of San Diego County may find, after holding a public hearing on the issue, that cost savings can be realized by consolidation of court-related services provided by the marshal and sheriff within that county. If such finding is made, there shall be conducted among all of the judges of the superior and municipal courts of such county an election to determine the agency, either the marshal or the sheriff, under which court-related services shall be consolidated. The outcome shall be determined by a simple majority of votes cast; provided that the total number of votes cast exceeds 50 percent of the number of superior and municipal judges in the county, by at least one vote. The registrar of voters shall administer such election and tabulate the results thereof. The results of such election shall be reported within 15 days following the election period, by the registrar of voters to the board of supervisors and to the judges of the superior and municipal courts of such county. The board of supervisors shall immediately commence and, within a reasonable time not to exceed 90 days, implement the determination made by a majority of the judges of the superior and municipal courts of such county in such election. If an election is not conducted within 90 days of notification of the board of supervisors' finding, or if the results of the election are evenly divided, the board of supervisors of such county shall determine under which agency, either the marshal or the sheriff, court-related services shall be consolidated; and shall proceed to implement such consolidation as if on the basis of a majority vote of the judges of the superior and municipal courts of such county. -} {+ SEC. 2. Section 72114 of the Government Code is repealed. +} {- 72114. Notwithstanding any other provision of law, the board of supervisors of San Diego County may find, after holding a public hearing on the issue, that cost savings can be realized by consolidation of court-related services provided by the marshal and sheriff within that county. If such finding is made, there shall be conducted among all of the judges of the superior and municipal courts of such county an election to determine the agency, either the marshal or the sheriff, under which court-related services shall be consolidated. The outcome shall be determined by a simple majority of votes cast; provided that the total number of votes cast exceeds 50 percent of the number of superior and municipal judges in the county, by at least one vote. The registrar of voters shall administer such election and tabulate the results thereof. The results of such election shall be reported within 15 days following the election period by the registrar of voters to the board of supervisors and to the judges of the superior and municipal courts of such county. The board of supervisors shall immediately commence and, within a reasonable time not to exceed 90 days, implement the determination made by a majority of the judges of the superior and municipal courts of such county in such election. If an election is not conducted within 90 days of notification of the board of supervisors' finding, or if the results of the election are evenly divided, the board of supervisors of such county shall determine under which agency, either the marshal or the sheriff, court-related services shall be consolidated, and shall proceed to implement such consolidation as if on the basis of a majority vote of the judges of the superior and municipal courts of such county. -} {+ SEC. 3. Section 72114.2 is added to the Government Code, to read: 72114.2. (a) Notwithstanding any other provision of law, on or after January 1, 2000, the San Diego County Marshal's Office shall be abolished, and there shall be a bureau in the San Diego County Sheriff's Department under which court security services and the service of civil and criminal process are consolidated. This bureau's primary function shall be to provide the management with direction, supervision, and personnel for court-related services which include court security, the service of civil and criminal process, public safety protection, judicial protection, standards of performance, and other matters incidental to the performance of those services. The sheriff shall be appointing authority for all bureau personnel. The person selected by the sheriff to oversee the operation of court-related services, as described in this section, shall report directly to the sheriff. Notwithstanding Section 77212, the operational service level for court security services shall be in accordance with agreements between the court and the County of San Diego, which shall not provide a lesser operational service level than may be required by statute. The operational service level for the service of civil and criminal process and for administrative services shall be in accordance with agreements between the court and the County of San Diego, which shall not provide a lesser operational service level than may be required by statute. To ensure that the costs assessed to the court for bureau services are in full conformance with the rules of court and statutes concerning trial court funding, the bureau shall be maintained as a separate organizational unit for budgeting and cost accounting purposes. On a semiannual basis or more often as required by law, the sheriff shall provide the court with an accounting of costs for the bureau, in sufficient detail to allow for an assessment of budget performance, separately, for each function of the bureau. The county auditor and controller shall provide to the court copies of each audit report conducted on the bureau. The court is authorized to conduct, and the sheriff shall cooperate in, independent financial audits of the bureau, either by court staff or by independent auditors. (b) Notwithstanding any other provision of law, concomitant with the abolition of the marshal's office all personnel of the marshal's office shall become employees of the sheriff's department at their existing or equivalent classification, salaries, and benefits. The marshal and the assistant marshal or their equivalents, may become employees of the sheriff's department. (c) Permanent employees of the marshal's office on the effective date of transfer of services from the marshal to the sheriff pursuant to this section shall be deemed to be qualified, and no other qualifications shall be required for employment or retention. Promotions for all personnel from the marshal's office shall be made pursuant to standards set by the sheriff. Probationary employees in the marshal's office on the effective date of the abolition shall not be required to serve a new probationary period. All probationary time served as an employee of the marshal shall be credited toward probationary time required as an employee of the sheriff's department. (d) All county service and all service with the marshal's office by employees of the marshal's office on the effective date of the abolition of the marshal's office shall be counted toward seniority in the sheriff's department. All time spent in the same, equivalent, or higher classification shall be counted toward classification seniority. (e) As a result of the abolition of the marshal's office, no employee of the marshal's office who becomes an employee of the sheriff's department pursuant to this section shall lose peace officer status or be reduced in rank or salary. (f) Prior to the abolition of the marshal's office, the court and the County of San Diego shall enter into a contractual agreement regarding the provision of court security services to be provided by the sheriff. Thereafter, from time to time, the court and the County of San Diego may enter into agreements regarding the provision of court security services to be provided by the sheriff. (g) After abolition of the marshal's office, a two-member committee comprised of a representative of the presiding judge of the superior court and a representative of the sheriff shall make recommendations to the sheriff regarding courtroom assignments of bailiffs. Bailiff assignments and the release from those assignments shall be made only after consultation with, and concurrence of, the affected judge or judicial officer. The presiding judge may provide the concurrence required by this section. This subdivision shall not apply to actions instituted by the sheriff for fitness for duty reasons or discipline that is subject to review by the San Diego County Civil Service Commission. (h) For a period of five years following the abolition of the marshal's office, personnel of the marshal's office who become employees of the sheriff's department shall not be transferred from the bureau in the sheriff's department under which court-related services and the service of civil and criminal process are consolidated, unless the transfer is voluntary or is the result of fitness for duty reasons or discipline that is subject to review by the San Diego County Civil Service Commission. (i) Personnel of the marshal's office who become employees of the sheriff's department shall be entitled to request an assignment to another bureau or division within the sheriff's department, and that request shall be reviewed the same as any other request from within the department. (j) This section shall become operative in the County of San Diego when the board of supervisors adopts a resolution declaring this section operative. The implementation of this section shall be subject to approval and adoption by the board of supervisors of necessary actions, appropriations, and ordinances consistent with the Charter of the County of San Diego and other statutory authority. SEC. 4. Article 25.5 (commencing with Section 74361) of Chapter 10 of Title 8 of the Government Code is repealed. SEC. 5. Due to unique facts and circumstances applicable to San Diego County, the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. Special legislation is, therefore, necessarily applicable to only San Diego County. SEC. 6. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. +} {- Government Code, to read: 72114.2. Notwithstanding any other provision of law, the San Diego County Marshal's Office shall be abolished, and all personnel of the abolished office shall merge into the San Diego County Sheriff's Department. (a) All personnel who, immediately preceding the effective date of abolition of the marshal's office, are assigned to the marshal's office in management, administrative, supervisory, peace officer, clerical, and other positions shall, on the effective date of the merger, be assigned to the sheriff's department in the same classification, or if those classifications are not within the department, an equivalent classification; and no probationary or permanent employee shall be laid off as a result of the implementation of the abolition and merger. No personnel of the marshal's office shall be reduced in rank or salary, lose peace officer status, or otherwise be adversely affected as a result of the merger. (b) Upon abolition and merger, all county service or service by employees of the marshal's office or the sheriff's department on the effective date of a merger under this section shall be counted toward seniority in the sheriff's department, and all time spent in the same, equivalent, or higher classification shall be counted toward classification seniority. Permanent employees of the marshal's office on the effective date of a merger shall be deemed qualified, and no other qualifications shall be required for employment or retention. Probationary employees of the marshal's office on the effective date of a merger shall retain their probationary status and rights, and shall not be deemed to have transferred so as to require serving a new probationary period. (c) The clerical personnel described in subdivision (a) shall become members of the court services division or transferred to an equivalent classification within the sheriff's department. (d) The incumbent marshal on the effective date of merger shall be assigned to an equivalent classification of the sheriff' s department and shall be in charge of the court services division. Deputy marshals and court service officers performing court-related duties shall be assigned to an equivalent classification in the court services division of the sheriff's department and shall not be involuntarily transferred. (e) Personnel of the marshal's office shall be entitled to request an assignment to other divisions within the sheriff's department, and those requests shall be reviewed as any other such request in the department. Acceptance of a voluntary transfer by a deputy marshal shall invalidate any right of reassignment to the court services division. Any personnel action pursuant to this section shall be in accordance with the personnel policies, rules, and regulations of the sheriff's department and the county. SEC. 2. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. -} Searching keywords: (statusam) (authorDucheny) (HooA)