COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Office of the County Counsel

DATE:

November 30, 2010

BOARD MEETING DATE:

December 14, 2010

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Michael P. Murphy, County Counsel

SUBJECT:

Ordinance to Expend Funds for the Training and Orientation of Supervisors-Elect

RECOMMENDATION:

Adopt an ordinance adding Section 2.01.120 to Title 2, Article 2.0, Chapter 2.01 of the San Mateo County Ordinance Code allowing the expenditure of funds for the training and orientation of elected members of the County Board of Supervisors who have yet to assume office.

BACKGROUND:

California Government Code § 25208.4 allows Counties to expend funds for the training and orientation of persons elected to the Board of Supervisors who have yet to assume office. This same law also requires, however, that a County adopt an ordinance implementing the provisions of § 25208.4 before a County can expend such funds.

Prior to 2006, the County of San Mateo had such an ordinance under the Administration section of its Ordinance Code. The code read as follows:

2.32.130 Training and orientation of supervisors elect.

“In accordance with the provisions of section 25208.4 of the Government Code of the State of California, the County of San Mateo may expend County funds for the training and orientation of persons elected to, but who have not yet assumed office as members of, the Board of Supervisors, including the payment of course fees, travel and per diem expenses, course materials, and consultant services in an amount equal to the actual cost thereof.”

In 2006, the entire Administration section was repealed and replaced by a new section for the purpose of streamlining and reorganizing this section. The former Ordinance 2.32.130 Training and orientation of supervisors elect appears to have been inadvertently deleted from the new Administration section.

As a result, the County of San Mateo has no ordinance on record which would allow the County to pay for the training of a Supervisor-Elect before he/she assumes office.

DISCUSSION:

Pursuant to California Government Code § 25208.4, the County of San Mateo may only pay for the training of supervisors-elect if the County adopts an ordinance implementing the provisions of § 25208.4. The requirements of § 25208.4 are as follows: the funds must be spent on the training or orientation of elected supervisors who have yet to assume office; and, the supervisor-elect must request the training or orientation.

In order to comply with § 25208.4, the proposed ordinance would mirror the language of the inadvertently repealed ordinance that existed prior to 2006 and would merely add the phrase “Upon the request of a newly elected member of the Board of Supervisors.”

It is recommended the Board adopt this ordinance because the County has an interest in the training and orientation of new members of the Board of Supervisors so they may exercise their duties as effectively as possible immediately upon assuming office. When Supervisors receive enough votes in a June primary, they have to wait six months before assuming office. It is in the best interests of the Supervisor and the County of San Mateo for that Supervisor to have access to training prior to assuming office so that the Supervisor may be better prepared for the responsibilities of the office. Furthermore, a substantially similar ordinance was previously approved by the Board and successfully employed by the County until it was inadvertently repealed. Counties throughout the State have adopted such an ordinance.

This ordinance will take effect 30 days from passage and would apply to the reimbursement for expenses for any supervisor elected on or after November 2, 2010.

Approval of this resolution contributes to the Shared Vision 2025 outcome of a Collaborative Community by seeking to properly train and orient members of the highest level of County government before taking office.

FISCAL IMPACT:

The fiscal impact of this ordinance is unknown. It will develop on a case by case basis as each newly elected member requests certain training.