County Administrator/clerk of the Board

That the Board of Supervisors re-evaluate the assigned duties and responsibilities of the County Administrator and distribute them so as to assure that no single individual is overburdened and that these duties are being performed properly and in a timely manner. 44 4 1 4 4 . . . . . . . programme and the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control o and the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the cont in the analysis of the contract of the contract of the contract of the contract of the contract of 21 :- ------------------------------------- 1992-93 Yuba County Grand Jury Final Report COMMENTS REQUIRED ON FINDINGS: Yuba County Board of Supervisors: Finding 1. COMMENTS REQUIRED ON RECOMMENDATIONS: Yuba County Board of Supervisors: Recommendation 1, : : ! 1.7 : : : | . 22 : and the first of the second second second second second second second second second second second second second second second second second second second second second second second second second second second second secon and the second second second the second control of the second control of the second and the second second second A CONTRACTOR OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE O . YUBA COUNTY COUNTY ADMINISTRATOR/ CLERK OF THE BOARD COMMENTS REQUIRED ON FINDINGS: Yuba County Board of Supervisors: Finding 1. COMMENTS REQUIRED ON RECOMMENDATIONS: Yuba County Board of Supervisors: Recommendation 1. . . . • : . ģ . . . . the second second second . . . . ٠ ٠. ....................................... ż . . . . ٠ ٠. . . ÷. 1992-93 Yuba County Grand Jury Final Report COUNTY ADMINISTRATOR AND CLERK OF THE BOARD OF SUPERVISORS REASON FOR INVESTIGATION: The Grand Jury in attempting to determine why the minutes of the Board of Supervisors' (Board) meetings were taking up to eight weeks to be transcribed and presented to the Board for approval, discovered that the Board may have impermissibly combined the offices of the Clerk of the Board (Clerk) and the County Administrator (CA). The basis for the investigation was that there is no provision in the Government Code for consolidating these two offices.

Repeal the ordinance establishing the office of the Clerk of the Board with the result that the County Clerk would then become the Clerk of the Board. Assign the duties of the County Administrator to the Clerk of the Board pursuant to $25100.5 of the Govs. Code and make changes to the Ordinance Code as required. File suit seeking a declaration from the Court regarding the legality of the current allocation of duties," As indicated in the Yuba County 1992-93 Proposed Budget there are two full time positions allocated and budgeted under the Clerk of the Board budget unit, a Secretary and a Deputy Clerk of the Board. These two positions are also used at times to assist in the clerical duties of the office of the County Administrator. It may be that this additional work load is preventing the minutes of the Board from being transcribed and presented to the Board for approval in a more timely manner and thus creating a conflict in the performance of duties of these two offices. differences products and the second of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the con Additionally the County Administrator as Clerk of the Board, by Ordinance Code, has been assigned the following duties: and the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the control of the cont Commence of the Carlot and Carlot and Carlot and Carlot Clerk of the Local Agency Formation Commission (LAFCO) Clerk of the Yuba County Water Agency 26 ď. 1992-93 Yuba County Grand Jury Final Report Clerk of the Yuba County Board of Equalization Clerk of the Yuba County Air Pollution Control Board Clerk of the Yuba County Air Pollution Control Hearing Board All other duties and responsibilities imposed by law on the Clerk of the Board of Supervisors or on the County Clerk as ex-officio Clerk of the Board. : : A case can be made that incompatibility and/or a possible conflict of interest exists when the County Administrator as Executive Officer of the Local Agency Formation Commission (LAFCO) is also the Clerk of LAFCO. Furthermore, as Clerk of the other above listed Agency and Boards he is privy to information not normally available to the County Administrator were he not the Clerk of the Board. FINDINGS: All findings must be substantiated by current documentation, and by interviews conducted by no less than two members of the grand jury, Penal Code § 916.

1992-93 Yuba County Grand Jury Final Report The following are additional pertinent quotes from County Counsel's opinion 93-014: "....With respect to a conflict between the duties or functions of two offices, a clash between the two offices in the context of a particular decision need not be proved. It is apparently enough if there is a mere potential for a significant clash between the two offices at some point in the future. See 64 Ops. Cal. Atry. Gen. at 289 (1981) In Rapsey, supra, the court discussed the conflict between offices at -642: "Two offices are said to be incompatible when the holder cannot in every instance discharge the duties of each. Incompatibility arises, therefor, from the nature of the duties of the offices, when there is inconsistency in the function of the two, where the functions of the two are inherently inconsistent... or where the nature and duties of the two offices are such as to render it improper from considerations of public policy for one person to retain both..." In reviewing the duties of the County Administrator and the Clerk of the Board as set forth in the Yuba County Ordinance Code... It is possible to find the existence of a supervisory power exercisable by the County Administrator over the Clerk of the Board in that the County Administrator is charged with performing annual department head performance reviews. Further, the County Administrator is charged with reviewing, approving or denying all department head claims for overnight travel and reporting disposition of such to the Board of Supervisors on a monthly basis. Having the same person hold the office of County Administrator and Clerk of the Board would eliminate meaningful department head review on a performance basis or overnight travel claim basis. There may, then, be incompatibility;.... In light of the foregoing, we respectfully offer the following solution for consideration: Z. Do nothing.