File #: 16-1111    Version: 1
Type: Agenda Item Status: Approved
File created: 10/19/2016 In control: Board of Supervisors
On agenda: 11/15/2016 Final action: 11/15/2016
Title: Sheriff’s Office recommending the Board conduct a conceptual review and authorize County Counsel to initiate the process to repeal County Ordinance Sec 2.15.090 - Residence Requirement, in order to bring the County ordinance in line with State Law. FUNDING: N/A
Attachments: 1. A - El Dorado County Ordinance Sec. 2.15.090 11-15-16, 2. B - CA Senate Bill 1241 11-15-16
Related files: 17-1361, 18-0009

Title

Sheriff’s Office recommending the Board conduct a conceptual review and authorize County Counsel to initiate the process to repeal County Ordinance Sec 2.15.090 - Residence Requirement, in order to bring the County ordinance in line with State Law.

 

FUNDING:  N/A

Body

DEPARTMENT RECOMMENDATION

The Sheriff's Office recommends the Board authorize County Counsel to repeal County Ordinance Sec 2.15.090- Residence Requirement in order to allow deputies to be residents of other states while being deputized by El Dorado County.

 

DISCUSSION / BACKGROUND

Board Policy A-3 provides that "Existing ordinances may be repealed by the same process used in the initial adoption or subsequent amendment of the ordinance" and that the process shall be in accordance with State law. 

 

Currently, County Ordinance Sec 2.15.090 requires California Residency for any deputy who is deputized by the County of El Dorado. This ordinance was originally adopted by the Board on November 28, 1972 as County Ordinance 1247 and codified as 4123.5. In 1997 the County Codes were re-organized and the Ordinance was changed to Code Section 2.53.310. In 2014 there was another re-organization moving the ordinance to its current Code Section 2.15.090.

 

On June 30, 2006 Senate Bill 1241 repealed section 24103 of the California Government code which required Sheriff’s Office deputies to be citizens of the State of California. The Sheriff’s Office is requesting that County Ordinance Sec 2.15.090 be repealed in order to be in line with State Law.

 

ALTERNATIVES

N/A

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

County Counsel

 

CAO RECOMMENDATION

Approve as recommended.

 

 FINANCIAL IMPACT

N/A

 

CLERK OF THE BOARD FOLLOW UP ACTIONS

There are no follow up actions required by the Clerk of the Board.

 

STRATEGIC PLAN COMPONENT

Public Safety

 

CONTACT

Undersheriff Randy Peshon