State of California: GOVERNMENT CODE SECTION 31000-31011

GOVERNMENT CODE
SECTION 31000-31011

31000.  The board of supervisors may contract for special services
on behalf of the following public entities: the county, any county
officer or department, or any district or court in the county. Such
contracts shall be with persons specially trained, experienced,
expert and competent to perform the special services. The special
services shall consist of services, advice, education or training for
such public entities or the employees thereof. The special services
shall be in financial, economic, accounting (including the
preparation and issuance of payroll checks or warrants), engineering,
legal, medical, therapeutic, administrative, architectural, airport
or building security matters, laundry services or linen services.
They may include maintenance or custodial matters if the board finds
that the site is remote from available county employee resources and
that the county's economic interests are served by such a contract
rather than by paying additional travel and subsistence expenses to
existing county employees. The board may pay from any available funds
such compensation as it deems proper for these special services. The
board of supervisors may, by ordinance, direct the purchasing agent
to enter into contracts authorized by this section within the
monetary limit specified in Section 25502.5 of the Government Code.



31000.1.  The board of supervisors may appoint commissions or
committees of citizens to study problems of general or special
interest to the board and to make reports and recommendations to the
board. The members of such commissions need not be specially trained
or experienced with respect to the matters to be studied. The board
may pay from any available funds such actual and necessary expenses
of travel, lodging, and meals for the members of such commissions
while on official business as may be approved by the board.



31000.2.  Unless otherwise provided by law, the board of supervisors
may provide for the payment of reasonable and necessary expenses of,
and of special allowances such as per meeting stipends to, members
of commissions, boards, or committees appointed by it, except that no
such additional expenses or special allowances shall be paid to such
a member who is also a member of the board of supervisors.




31000.3.  Any contract for services entered into by a board of
supervisors pursuant to Section 31000 may provide for deferred
payment of compensation for services rendered if (a) the terms and
conditions under which payment of deferred compensation is to be made
are set forth in the contract; and (b) the deferred compensation is
deposited with a corporation or association authorized to conduct the
business of a trust company in this state; and (c) the deposit of
deferred compensation is made pursuant to the terms of a written
agreement between the board of supervisors and the depository under
which it is agreed that the deferred compensation shall be invested
only in such investments, securities, annuities and policies of life
insurance as may be agreed upon; and (d) the agreement between the
board of supervisors and the depository provides that the deferred
compensation and any increment thereto shall be refunded to the board
of supervisors if the contractor fails to comply with the terms and
conditions specified in the contract of employment.



31000.4.  The board of supervisors may contract with temporary help
firms for temporary help to assist county agencies, departments, or
offices during any peak load, temporary absence, or emergency other
than a labor dispute, provided the board determines that it is in the
economic interest of the county to provide such temporary help by
contract, rather than employing persons for such purpose. Use of
temporary help under this section shall be limited to a period of not
to exceed 90 days for any single peak load, temporary absence, or
emergency situation.



31000.5.  The board of supervisors may employ technical assistants
for the assessor to enable him to secure the necessary maps and plats
for the performance of his work. The board may employ such technical
assistants, either exclusively for the county or may enter into
agreements for the employment of such persons with the board or
boards of supervisors of one or more other counties.
   The agreement may provide that contributions from the treasuries
of the respective counties may be made for the purpose of paying the
compensation and expenses of such technical assistants, and the
amounts or percentages to be paid by each county. The agreement may
be continued for a definite term or until rescinded and may provide
for the method of rescission by any of the contracting counties.



31000.6.  (a) Upon request of the assessor or the sheriff of the
county, the board of supervisors shall contract with and employ legal
counsel to assist the assessor or the sheriff in the performance of
his or her duties in any case where the county counsel or the
district attorney would have a conflict of interest in representing
the assessor or the sheriff.
   (b) In the event that the board of supervisors does not concur
with the assessor or the sheriff that a conflict of interest exists,
the assessor or the sheriff, after giving notice to the county
counsel or the district attorney, may initiate an ex parte proceeding
before the presiding judge of the superior court. The county counsel
or district attorney may file an affidavit in the proceeding in
opposition to, or in support of, the assessor's or the sheriff's
position.
   (c) The presiding superior court judge that determines in any ex
parte proceeding that a conflict actually exists, must, if requested
by one of the parties, also rule whether representation by the county
counsel or district attorney through the creation of an "ethical
wall" is appropriate. The factors to be considered in this
determination of whether an "ethical wall" should be created are: (1)
equal representation, (2) level of support, (3) access to resources,
(4) zealous representation, or (5) any other consideration that
relates to proper representation.
   (d) If a court determines that the action brought by the assessor
or sheriff is frivolous and in bad faith, the assessor's office or
sheriff's office shall pay their own legal costs and all costs
incurred in the action by the opposing party. As used in this
section, "bad faith" and "frivolous" have the meaning given in
Section 128.5 of the Code of Civil Procedure.
   (e) If the presiding judge determines that a conflict of interest
does exist, and that representation by the county counsel or district
attorney through the creation of an ethical wall is inappropriate,
the board of supervisors shall immediately employ legal counsel to
assist the assessor or the sheriff.
   (f) As used in this section, "conflict of interest" means a
conflict of interest as defined in Rule 3-310 of the Rules of
Professional Conduct of the State Bar of California, as construed for
public attorneys.
   (g) This section shall also apply to any matter brought after an
assessor or sheriff leaves office if the matter giving rise to the
need for independent legal counsel was within the scope of the duties
of the assessor or sheriff while in office, and the assessor or
sheriff would have been authorized under this section to request the
appointment of independent legal counsel.



31000.7.  The same law firm shall not be employed to advise or
represent both the assessor and the county board of equalization on
any matters relating to hearings before the county board of
equalization. This prohibition shall not apply to the county counsel'
s office. Individual representatives of that office may represent the
assessor and the county board of equalization, as long as the same
individual does not represent both parties.



31000.8.  Notwithstanding any other law to the contrary, the board
of supervisors of a county which is wholly or partially self-insured
under the workers' compensation laws, which is wholly or partially
self-insured against public liability, or which is wholly or
partially self-insured for employee health and welfare benefits, may
contract with a qualified firm for the purpose of having such firm
render investigative, administrative, and claims adjustment services
relating to workers' compensation and public liability and employee
health and welfare benefit claims against the county. The contract
may provide that the contracting firm may reject, settle, compromise
and approve workers' compensation, and public liability and employee
health and welfare benefit claims against the county, its officers or
employees, within such limits and for such amounts as the board of
supervisors may specify, and may provide that the contracting firm
may execute and issue checks in payment of such claims, which checks
shall be payable only from a trust fund which may be established by
the board of supervisors. Funds in the trust fund established by the
board pursuant to the provisions of this section shall not exceed a
sum sufficient to provide for the settlement of claims for a 30-day
period as determined by the board of supervisors or the sum of twenty
thousand dollars ($20,000), whichever is larger, at any one time.
The rejection or settlement and approval of a claim by the
contracting firm in accordance with the terms of the contract shall
have the same effect as would the rejection or settlement and
approval of such a claim by the board of supervisors and the county
auditor. The contract may also provide that the contracting firm may
employ legal counsel, subject to such terms and limitations as the
board may prescribe, to advise such contracting firm concerning the
legality and advisability of rejecting, settling, compromising and
paying claims referred to said contracting firm by the county for
investigation and adjustment, or to represent the county in
litigation concerning such claims. The compensation and expenses of
such attorney for services rendered to the county shall be county
charges.
   The contract provided for in this section may contain such other
terms and conditions as the board of supervisors may consider
necessary or desirable to effectuate the county's self-insured
programs.
   In lieu of, or in addition to, contracting for the services
described in this section, the board of supervisors may authorize a
county employee to perform any or all of the services and functions
which the board may contract for under the provisions of this
section.
   As used in this section:
   (a) "Firm" includes a person, corporation, or other legal entity.
   (b) "Board of supervisors" includes governing boards of districts
and other public agencies for which the board of supervisors acts as
the governing board.
   (c) "County" includes such districts and other public agencies for
which the board of supervisors acts as the governing board.



31000.9.  In counties containing a population of 6,000,000 or over,
the board of supervisors may, by ordinance, authorize county officers
having responsibility for the design and construction of county
projects to enter into contracts for architectural, engineering, and
related services where the amount of the contract does not exceed
seventy-five thousand dollars ($75,000), and to enter into amendments
to those contracts entered into by the board where the amount of any
amendment does not exceed 10 percent of the amount of the original
contract or seventy-five thousand dollars ($75,000), whichever is
less. The aggregate total amount of the amendments to an original
contract may not exceed 25 percent of the amount of the original
contract. Any authorization shall include detailed procedures
governing the county officer in the exercise of that authority.



31001.  The board of supervisors of any county not having a charter
which creates the office of county counsel may employ and contract
with counsel to assist the district attorney in representing and
advising it and all district officers in all matters and questions of
law pertaining to their duties and to civil legal questions
affecting the county or districts.



31002.  The board of supervisors may employ copyists to reproduce
any county records and indices that are lost or destroyed by
conflagration, public calamity, or otherwise or that are in danger of
destruction by age, obliteration, or constant use in any of the
county offices.



31003.  The board of supervisors may adopt a system of insurance for
the benefit of physicians, nurses, and any or all other persons
employed in county institutions or county health departments. It may
procure life and disability insurance for the benefit of such
employees from any admitted insurer and pay the whole or any part of
the premiums upon such insurance from the general fund or the salary
fund, as part of the compensation of the employees. The board may
deduct from the compensation of such employees and apply to the
payment of the premiums that part thereof determined by it to be
payable by the employees.


31004.  In any county having a charter providing for a civil service
system for county employees, the board of supervisors may require
any person included within the civil service system to give an
official bond in an amount to be prescribed by the board. He may be
included with other persons in a schedule bond executed by a
qualified corporate surety and inuring to the benefit of the county
and of the officer under whom he holds office or employment. The
liability of the surety on the schedule bond is not affected by any
change of the person holding any principal office or in the
membership of any board or commission, but continues as long as any
person named in the schedule bond is included therein and continues
to exercise the duties of his office or employment.



31005.  The board of supervisors of any county, chartered or
otherwise, shall not by ordinance establish any minimum or maximum
age limits for any county employment, whether as officer, deputy, or
assistant, and age shall not be a minimum qualification for any
county employment.



31006.  Any person possessing all the minimum qualifications for any
county employment is eligible for appointment to that employment,
and neither the board of supervisors nor any other county officer or
employee possessing the power of appointment shall adopt any rule,
either written or unwritten, prohibiting the employment of any person
in any county position, who is otherwise qualified therefor, solely
because of his age.



31007.  This part does not require or authorize the employment of
any person in a particular county employment who has reached the
compulsory retirement age prescribed by a county employees'
retirement system for that particular employment whether such person
is a member of such county employees' retirement system or not.




31008.  This part does not prevent the board of supervisors from
fixing minimum or maximum age limits for the employment of deputy
sheriffs and county peace officers or county firemen, nor, while
acting directly as the governing body or ex officio governing body of
any fire district or fire protection district, from fixing minimum
or maximum age limits for the employment of firemen for any such
district.



31009.  Prior to January 1, 1981, an applicant for employment who
does not meet the physical standards established for his employment
because of a physical impairment existing on the date of his
employment may be required by the county as a condition to such
employment to execute a waiver of any and all rights to a disability
retirement under the County Employees Retirement Law of 1937 arising
as a result of such impairment or any aggravation thereof while in
county service. The county shall provide the applicant with written
notice of the rights and benefits which such applicant is being
required to waive. The applicant shall give written acknowledgement
of the receipt of such notice.
   No earlier than two years after employment an employee who has
waived rights pursuant to this section may apply to the retirement
board to review such waiver to determine if it shall remain in force.
The employee shall submit a physician's report concerning the
condition for which such a waiver was required with such request for
review. The retirement board may require, at county expense, an
examination of such employee by a physician of such board's choosing.
The retirement board, following a hearing, may release such employee
from all or part of a waiver given pursuant to this section. An
employee may not require such a review more often than every two
years, although such board in its sole discretion may allow a review
at more frequent intervals.



31010.  The board of supervisors of any county may by resolution
establish and provide funds for the operation of a municipal advisory
council for any unincorporated area in the county to advise the
board on such matters which relate to that area as may be designated
by the board concerning services which are or may be provided to the
area by the county or other local governmental agencies, including
but not limited to advice on matters of public health, safety,
welfare, public works, and planning. Unless the board of supervisors
specifically provides to the contrary, a municipal advisory council
may represent the community to any state, county, city, special
district or school district, agency or commission, or any other
organization on any matter concerning the community. The board may
pay from available funds such actual and necessary expenses of
travel, lodging, and meals for the members of the council while on
such official business as may be approved by the board.
   The resolution establishing any such municipal advisory council
shall provide for the following:
   (a) The name of the municipal advisory council.
   (b) The qualifications, number, and method of selection of its
members, whether by election or appointment.
   (c) Its designated powers and duties.
   (d) The unincorporated area or areas for which the municipal
advisory council is established.
   (e) Whether the establishment of the council should be submitted
to the voters and the method for such submission; provided that if an
election is required pursuant to subdivision (b), such election
shall be held at the same time as an election held pursuant to this
subdivision.
   (f) Such other rules, regulations and procedures as may be
necessary in connection with the establishment and operation of the
municipal advisory council.


31010.5.  (a) Service as a member of a governing board of a special
district named in subdivision (b) shall not be considered an
incompatible office with service on a municipal advisory council
established pursuant to Section 31010.
   (b) (1) A community services district established pursuant to the
Community Services District Law (Division 3 (commencing with Section
61000) of Title 6).
   (2) A recreation and park district established pursuant to the
Recreation and Park District Law (Chapter 4 (commencing with Section
5780) of Division 5 of the Public Resources Code).



31011.  Every employee has the right to inspect personnel records
pursuant to Section 1198.5 of the Labor Code.

About arnierosner

As an American I advocate a republic form of government, self-reliance, and adherence to the basic philosophy of the founding fathers and the founding documents, I ONLY respect those who respect and "HONOR" their honor. No exceptions!
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