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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
COUNTY MANAGER
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DATE:
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January 27, 2010
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BOARD MEETING DATE:
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February 9, 2010
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SPECIAL NOTICE/HEARING:
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None
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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David S. Boesch, County Manager
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SUBJECT:
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Response to 2009-10 Grand Jury Report Regarding Qualifications of the Treasurer-Tax Collector
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RECOMMENDATION:
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Adopt the recommended responses to the 2009-10 Grand Jury Report “Modifying Qualifications for the San Mateo County Treasurer/Tax Collector Office.”
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BACKGROUND:
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On December 14, 2009, the Grand Jury issued a report recommending that this Board adopt the additional qualifications for Treasurer-Tax Collector as set forth in Government Code section 27000.7, to be effective for the term commencing in January 2011. By law, the Board has ninety (90) days to respond to the findings and recommendations. Because waiting the full ninety(90) days would render the Grand Jury’s recommendation moot, this matter was brought to the Board at its January 26, 2010 meeting. At its January 26, 2010, meeting the Board introduced an ordinance adding qualifications for the San Mateo County Treasurer-Tax Collector to become effective January 2015, and establishing continuing education requirements for San Mateo County Treasurer-Tax Collector, to become effective January 2011. Adoption of the ordinance is set for the meeting of February 9, 2010.
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DISCUSSION:
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The following are the recommended responses to the Grand Jury’s findings and recommendations as contained in its report:
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Findings:
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“1. The San Mateo County Charter designates the Treasurer/Tax Collector position as an elected office.”
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Agree.
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“2. The Board of Supervisors has the authority to adopt, by ordinance, additional qualifications for the Treasurer/Tax Collector as specified in Government Code Section 27000.7.”
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Agree.
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“3. The Board of Supervisors has not adopted the additional Government Code qualifications for the Treasurer/Tax Collector.”
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Agree.
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“4. The current County Treasurer/Tax Collector meets the additional qualifications of Government Code Section 27000.7.”
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Agree.
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“5. The Treasurer/Tax Collector has announced his retirement from office.”
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Agree.
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“6. Any ordinance adopting additional qualifications for the Treasurer/Tax Collector must be enacted by February 15, 2010.”
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Agree in part. Pursuant to Government Code § 27000.6, if the additional qualifications were to apply to the candidates for Treasurer-Tax Collector for the June 2010 ballot, the provisions of Sections 27000.7 need to be adopted prior February 16, 2010, which is the commencement of the period for filing declarations of candidacy.
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The following are the recommended responses to the Grand Jury’s recommendations contained in their report:
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Recommendations:
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“Enact an ordinance adopting the qualifications for County Treasurer/Tax Collector as set forth in Government Code Section 27000.7 and, further recommends that said ordinance be enacted prior to the first date of the period for filing declarations of candidacy for the office for the 2010 election.”
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Response:
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Agree in part. The current County Tax Collector-Treasurer has declared that he will not stand for election for the term commencing in January 2011. Almost immediately after his announcement, two prospective candidates announced their intention to run for the office of San Mateo County Treasurer-Tax Collector; one is a long-time member of management staff of the Office of the San Mateo County Treasurer-Tax Collector, and the other person is, among other qualifications, a certified public accountant. Both of these candidates have invested considerable time and energy in developing campaigns designed to educate voters about their qualifications and fitness for the position of Treasurer-Tax Collector. It is not currently known whether there will be other candidates. Adopting additional qualifications so close to the candidate filing date of February 16, 2010, may create concern and uncertainty among announced and unannounced candidates. Accordingly, the ordinance set for adoption by the Board makes the additional qualifications to be effective for the term beginning in January 2015 and would allow all candidates for the upcoming term to present their qualifications to the voters and would ensure that all candidates for the following term have ample notice of the additional qualifications.
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Once elected, it is critical that the County Treasurer-Tax Collector stay current with regard to the discipline of treasury management, public finance, public administration, governmental accounting, and directly related subjects. For that reason, the ordinance set for adoption by the Board makes the continuing education requirements set forth in Government Code section 27000.8, to become effective for the term beginning in January 2011.
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This action contributes to the Shared Vision 2025 outcome of collaborative community by ensuring appropriate election qualifications and continuing education requirements are in place, with due regard to the pendency of the upcoming election.
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FISCAL IMPACT:
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None.
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