D roposed Charter For Los Angeles County, California To Be Voted Upon November 5, 1912 Prepared by Board o/ Freeholders September 24, 1912 N. W. THOMPSON, President FREDERICK BAKER J. M. HUNTER WILLIS H. BOOTH GEORGE F. KERNAGHAN T. H. DUDLEY A. M. SALYER W. A. ENGLE FRANK R. SEAVER DAVID EVANS J. H. STRINE LESLIE R. HEWITT CHARLES WELLBORN H. C. HUBBARD LEWIS R. WORKS Introduction by Lewis R. Works The average American citizen knows less about the government of his county than about any other public matter which merits hig atten- tion. This is owing to the fact that county government, so-called, is not county self-government at all, but simply state government of counties. No man can be expected easily to become intimate with a government the source of which is far away, even though it prescribe a system local in its application. The Los Angeles County Charter is a concrete presentation of the idea, certainly a just one, that the right of local self-government belongs to a county, as well as to any other political subdivision. To be more specific, the Charter, insofar as the state constitution permits, excludes a Siskiyou County member of the legislature from taking too active a part in the government of Los Angeles County. Under present con- ditions, the county is governed from Sacramento. Among other things, the number and salaries of its officers, and of their deputies, depend largely upon trades between members of the legislature. When the new Charter becomes effective we may solve such questions for ourselves. These are some of the salient features of the proposed instrument : 1. Authority is more strongly centralized in the Board of Super- visors than under the system now in existence. There is thus presented as close an approximation to the commission form of city government as is possible in a county. The value of this feature lies in the fact that it enables the citizen to easily locate responsibility for misgovernment and to apply the corrective, the recall, if need be. 2. The publicity feature of the commission form, a necessary ad- junct to the fixing of responsibility, is preserved in the Charter. The Supervisors are required to publish a code of rules prescribing the duties, and fixing systems of management, accounts and reports, for the offices, institutions and departments of the county. The enforcement of these rules by the Supervisors is also specifically commanded. 3. The number of elective officers is greatly reduced, thus apply- ing the principles of the short ballot, with all the advantages which such 4. Nearly all of the appointive officers, deputies, clerks, etc, are put under the operation of civil service, which will place and keep men in the county offices because of their merit, and not through their apt- ness as political precinct workers, irrespective of merit. 5. The fee system of compensation for officers is abolished. They are to receive salaries alone and they all, including the constables, are to pay into the county treasury all fees collected by them. 3 6. The two systems heretofore represented by the sheriff's office and the constables, which have always been at war with each other, are consolidated under a Constabulary Department, headed by the sheriff. 7. The Supervisors are relieved of the duty of caring for the roads in their respective districts. The Charter provides for a Road Com- missioner, who will have charge of the roads throughout the entire county, subject to the general direction of the Supervisors. 8. The article entitled "Labor" contains several advanced pro- visions concerning the subject of which it treats. 9. The recall is applied to both elective and appointive officers, but can be used against officers under the civil service only after a petition for removal in the ordinary course is filed with the Civil Service Commission, and acted upon. In closing, it is proper to say a few words concerning the question of county and city consolidation, from the standpoint of the Charter. It was feared in some quarters, when work on the Charter was first commenced, that the instrument was intended to foster consolidation. It is an answer to such a fear to assert that the state constitution does not permit the Charter to touch upon the question. It is a further answer to say, irrespective of the constitutionality of such a provision, that the Charter contains not a word upon the subject of consolidation, nor which can further consolidation. The sole aim of the Board of Freeholders has been to provide a system which will be an improvement upon the present one. The method of county government prevailing throughout the entire country is a reproach to the genius and attainments of the American people. "We have endeavored, in the work now placed before the public, to lift Los Angeles County, at least a little above the common plane. Even though the Charter contains some provisions not entirely sat- isfactory to the reader, he should, in his personal interest and in the interest of the community, let his verdict depend upon the question as to whether, on the whole, it is a step forward. By such a measure must all laws be judged. LOS ANGELES COUNTY CHARTER. We, the people of the County of Los Angeles, do ordain and establish for its government this CHARTER ARTICLE I. Name and Rights of the County. Section 1: The County of Los Angeles, as it now exists, is a body corporate and politic, and as such has all the powers specified by the constitution and laws of the State of California, and by this Charter, and such other powers as are necessarily implied. 4 Sec. 2: The powers mentioned in the preceding section can be exercised only by a Board of Supervisors, or by agents and officers acting under their authority or by authority of law or of this Charter. Sec. 3: The corporate name shall be " County of Los Angeles," which must be thus designated in all actions and proceedings touching its corporate rights, properties and duties. Its boundaries and county seat shall remain the same as they now are, until otherwise changed by law. ARTICLE II. Board of Supervisors. Sec. 4: The County of Los Angeles shall have a Board of Super- visors consisting of five members, each of whom must be an elector of the district which he represents, must reside therein during his incum- bency, must have been such an elector for at least one year immedi- ately preceding his election, and shall be elected by such district. Their terms of office shall be four years, each shall hold until his successor is elected and qualified, and they shall each receive a salary of $5000 per year payable monthly from the County Treasury. They shall devote all their time during business hours to the faithful service of the public. Sec. 5: The County is hereby divided into five supervisor districts, the boundaries of which shall be and remain as they now are until otherwise changed as provided in this Charter. Sec. 6 : At the general election to be held in November. 1914, supervisors shall be elected from the First and Third Supervisor dis- tricts, whose terms shall begin at noon on the first Monday after the first day of January, 1915, and end at noon on the first Monday in De- cember, 1918; provided, that each shall hold office until his successor is elected and qualified. At the general election to be held in November, 1916, supervisors shall be elected from the Second, Fourth and Fifth districts, whose terms shall begin at noon on the first Monday after the first day of January, 1917, and end at noon on the first Monday in December, 1920; provided, that each shall hold office until his successor is elected and qualified. At each general electon after November, 1916, there shall be elected, either two or three supervisors, as the case may be, for terms of four years, beginning at noon on the first Monday in December next after their election, and ending at noon on the first Monday in December, four years thereafter. Sec. 7 : The Board of Supervisors may, by a two-thirds vote of its members, change the boundaries of any supervisor district. No such boundaries shall ever be so changed as to affect the incumbency in office of any supervisor. Any change in the boundaries of any supervisor district must be made within one year after a general election. 5 Sec. 8: Whenever a vacancy occurs in the Board of Supervisors the Governor shall fill such vacancy, and the appointee shall hold office until the election and qualification of his successor. In such case, a Su- pervisor shall be elected at the next general election, to fill the vacancy for the unexpired term, unless such term expires on the first Monday in December succeeding said election. Sec. 9: The Board of Supervisors shall elect a Chairman, who shall preside at all meetings. In case of his absence or inability to act, the members present must, by an order entered of record, select one of their number to act as Chairman pro tern. Any member of the Board may administer oaths, when necessary in the performance of his official duties. A majority of the members shall constitute a quorum, and no act of the Board shall be valid or binding unless a majority of the mem- bers concur. ARTICLE m. General Powers of the Board of Supervisors. Sec. 10: The Board of Supervisors shall have all the jurisdiction and power which are now or which may hereafter be granted by the constitution and laws of the State of California or by this charter. Sec. 11: It shall be the duty of the Board of Supervisor!: (1) To appoint all county officers other than elective officers, and all officers, assistants, deputies, clerks, attaches and employees whose ap- pointment is not provided for by this Charter. Except in the cases of appointees to the unclassified service, all appointments by the Board shall be from the eligible civil service list. The Board shall provide, by ordi- nance, for the compensation of elective officers and of its appointees, un- less such compensation is otherwise fixed by this Charter. (2) To provide, by ordinance, for the number of Justices of the Peace and Constables, to be elected and appointed, respectively, in each Township. The Board may also provide, by ordinance, for the number and fix the compensation, of such other judges and inferior officers of such inferior courts as are now, or may hereafter be, provided by the constitution or by general law. (3) To provide, by ordinance, for the number of assistants, dep- uties, clerks, attaches, and other persons to be employed from time to time in the several offices and institutions of the county, and for their compensation and the times at which they shall be appointed. (4) To provide, by ordinance, for the creation of offices other than those required by the constitution and laws of the State, and for the ap- pointment of persons to fill the same, and to fix their compensation. (5) To require, if deemed expedient, any county or township offi- cer, or employee, before or after entering upon the duties of hit office, or service, to give bond for the faithful performance thereof, in such penal sum as may be fixed by the Board. 6 (6) To provide, publish and enforce, a complete code of rules, not inconsistent with general laws or this Charter, prescribing in detail the duties, and the systems of office and institutional management, accounts and reports for each of the offices, institutions and departments of the county. ARTICLE IV. County Officers Other Than Superviiors. Sec. 12: The elective county officers other than members of the Board of Supervisors shall be : Sheriff, District Attorney and Assessor. Sec. 13: At the general election to be held in November, 1914, a District Attorney shall be elected, whose term shall begin at noon on the first Monday after the first day of January, 1915, and end at noon on the first Monday in December, 1916. At the same election a Sheriff and Assessor shall be elected, whose terms shall begin at the same time and end at noon on the first Monday in December, 1918. At the general election to be held in November, 1916, and every four years thereafter, a District At- torney shall be elected, whose term shall be four years, beginning at noon on the first Monday in December following his election and ending at noon on the first Monday in December four years thereafter. At the general election to be held in November, 1918, and every four years thereafter, a Sheriff and Assessor shall be elected, whose terms shall be four years, beginning at noon on the first Monday in December following their elec- tion, and ending at noon on the first Monday in December four years thereafter. All elective county officers shall hold office until their suc- cessors are elected and qualified. Sec. 14: The appointive county officers shall be: Auditor Board of Education, Members of Board of Law Library Trustees, Members of Civil Service Commission, Members of Coroner County Clerk County Counsel Fish and Game Warden Health Officer Horticultural Commissioner License Collector Live Stock Inspector Probation Committee, Members of Probation Officer Public Administrator Public Defender Purchasing Agent Recorder Registrar of Voters Road Commissioner Superintendent of Charities Superintendent of Schools Surveyor Tax Collector Treasurer Such other officers as may hereafter be provided by law shall also be appointive. The Tax Collector shall be ex-officio License Collector. See. 15: All fees collected by any county officer, Board or Com- mission shall be paid into the County Treasury on the first Monday of each calendar month, together with a detailed statement of the same in writing, a duplicate copy of which shall be filed with the Auditor at the same time. Sec. 16 : Whenever a vacancy occurs in an elective county office other than a member of the Board of Supervisors, the Board shall fill such vacancy, and the appointee shall hold office until the election and qualification of his successor. In such case, there shall be elected at the next general election an officer to fill such vacancy for the unexpired term, unless such term expires on the first Monday in December suc- ceeding said election. ARTICLE V Township Officers. Sec. 17 : The Board of Supervisors must provide, by ordinance, for not less than one Justice of the Peace and one Constable in each township, and may provide for more in townships where population and the business therein require a greater number; provided, that, until the Board shall so provide for such Justices of the Peace and Constables, the number of each thereof in each township shall continue as now or hereafter provided by law; provided, further, that if the legislature shall hereafter, instead of the system of Courts of Justices of the Peace now established by law, substitute some other system of inferior courts, then and in that event, it shall not be compulsory upon the Board of Supervisors to provide any number for, and the Board may discontinue the existence of all Justices of the Peace in the several townships, if such discontinuance be allowed by law, and the Board may provide for such number of inferior Judges or Justices as may be necessary for the needs of the county, under such substituted system. Sec. 18. Justices of the Peace shall be nominated and elected at the times and in the manner and for the terms, now or hereafter pro- vided by general law. Constables shall be appointed by the Sheriff from the eligible civil service list. 8 See. 19 : The compensation of Justices of the Peace and of Con- stables shall be fixed by the Board of Supervisors, and must be by salary only, which need not be uniform for the several townships, nor proportionate to population therein. Their duties and qualifications shall be such as are now, or which may hereafter be prescribed by law, or by this charter. Sec. 20 : All fees collected by any Justice of the Peace or Constable shall be paid into the County Treasury, on the first Monday of each calendar month, together with a detailed statement of the same in writ- ing, a duplicate copy of which shall be filed with the Auditor at the same time. The fees to be so paid into the Treasury by each Constable shall include all fees charged and collected by him for service of any writ or process of any court or for any act or service done or rendered by him, or which he has power or which it is his duty to do or render, in his official capacity; and every Constable shall enter in the fee 'book kept by him all such fees charged and collected by him and pay the same into the County Treasury as above provided, without deduction for any such acts or services purporting or claimed to have been done or rend- ered by him as a private citizen. ARTICLE VI. Duties of Officers. Sec. 21 : The County Counsel shall represent and advise the Board of Supervisors and all county, township and school district officers, in all matters and questions of law pertaining to their duties, and shall have exclusive charge and control of all civil actions and proceedings in which the county, or any officer thereof, is concerned or is a party. He shall also act as attorney for the Public Administrator in the matter of all estates in which such officer is executor, administrator with the will annexed, or administrator, and the County Counsel shall, in every such matter, collect the attorney's fees allowed therein by law and pay the same into the County Treasury. Sec. 22: The Superintendent of Charities shall be under the direc- tion of the Board of Supervisors, and shall exercise a general super- vision over, and enforce rules and regulations for the conduct and gov- ernment of, the charitable institutions of the county. He shall perform such other duties as may be prescribed by the Board of Supervisors or by law. Sec. 23 : Upon request by the Defendant or upon order of the Court, the Public Defender shall defend, without expense to them, all persons who are not financially able to employ counsel and who are charged, in the Superior Court, with the commission of any contempt, misdemeanor, felony or other offense. He shall also, upon request, give counsel and advice to such persons, in and about any charge against 9 them upon which he is conducting the defense, and he shall prosecute all appeals to a higher court or courts, of any person who has been convicted upon any such charge, where, in his opinion, such appeal will, or might reasonably be expected to, result in a reversal or modifica- tion of the judgment of conviction. He shall also, upon request, prosecute actions for the collection of wages and of other demands of persons who are not financially able to employ counsel, in cases in which the sum involved does not exceed $100, and in which, in the judgment of the Public Defender, the claims urged are valid and enforceable in the courts. He shall also, upon request, defend such persons in all civil litiga- tion in which, in his judgment, they are being persecuted or unjustly harassed. The costs in all actions in which the Public Defender shall appear under this section, whether for plaintiffs or for defendants, shall be paid from the County Treasury, al the times and in the manner required by law, or by rules of court, and under a system of demand, audit and payment, which shall be prescribed by the Board of Supervisors. It shall be the duty of the Public Defender, in all such litigation, to pro- cure, if possible, in addition to general judgments in favor of the persons whom he shall represent therein, judgments for costs and attorney's fees, where permissible, against the opponents of such persons, and collect and pay the same into the County Treasury. Sec. 24: Subject to rules and regulations which shall be adopted by the Board of Supervisors, by ordinance, the Purchasing Agent shall be the buyer of furniture, fixtures, tools, supplies, materials or other articles of personal property for the county and for county, township and all other officers. Sec. 25 : Each county or township officer, Board or Commission shall have the powers and perform the duties now or hereafter prescribed by general law, and by this Charter, as to such officer, Board or Commission. ARTICLE VH. Road Department. Sec. 26: The Board of Supervisors may provide for the formation of road districts for the care, maintenance, repair and supervision of roads, highways and bridges; and for the formation of highway con- struction divisions for the construction of roads, highways and bridges; for the inclusion in any such district or division of the whole or any part of any incorporated city or town upon ordinance passed by such incorporated city or town authorizing the same, and upon the assent to such inclusion by a majority of the qualified electors of such incorporated city or town or portion thereof proposed to be so included at an election held for that purpose; 10 for the organization, government, powers and jurisdiction of such dis- trict or division, for raising revenue therein for uch purposes, by tax- ation, upon the assent of a majority of the qualified electors of such district or division, voting at an election held for that purpose; for the incurring of indebtedness therefor by the county, district or division for such purposes, respectively, by the issuance and sale, by the county, of bonds of the county, district or division, and the expenditure of the pro- ceeds of the sale of such bonds, and for levying and collecting taxes against the property of the county, district or division, as the case may be, for the payment of th principal and interest of such indebtedness at maturity; provided that any such indebtedness shall not be incurred without the assent of two-thirds of the qualified electors of the county, district or division, as the case may be, voting at an election held for that purpose, nor unless before or at the time of incurring such indebt- edness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also for a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same; and the procedure for voting, issuing and sell- ing such bonds, except insofar as the same shall be otherwise prescribed in this Charter, shall conform to general laws for the authorizing and incurring of bonded indebtedness by counties so far as applicable; pro- vided, further, that the construction, care, maintenance, repair and su- pervision of roads, highways and bridges for which aid from the state is granted shall be subject to such regulations and conditions as may be imposed by the legislature. Sec. 27: The Eoad Commissioner, subject to such rules and regu- lations as shall be prescribed by the Board of Supervisors, shall have direction and control over all work of construction, maintenance and repair of roads, highways and bridges, other than work done under contract, and it shall be his duty to examine and inspect contract work as the same progresses and to see that the same is properly performed, and when completed to file his written approval thereof with the Board of Supervisors. He shall also have the control and management of all county rock quarries and gravel pits, and of all other materials, prop- erty and instrumentalities necessary for and connected with the con- struction, maintenance and repair of roads, highways and bridges. ARTICLE VIH. Constabulary Department. Sec. 28: There is hereby created a Constabulary Department, con- sisting of the Sheriff and of all Constables, who are hereby made ex-officio Deputy Sheriffs. Sec. 29 : The Sheriff shall be the head of said Department, and shall so organize the same as to give the county efficient and effective police 11 protection. Each Constable shall be subject to the orders of the Sheriff and must serve process within his township, or elsewhere, when re- quested, and he shall also perform all the duties required of him by law. ARTICLE IX. Civil Service. Sec. 30: On or before the first day of July, 1913, the Board of Supervisors shall appoint three persons as members of the Civil Service Commission, who shall so classify themselves as that one shall serve until the first Monday in December, 1915, at noon, one until the first Monday in December, 1917, at noon, and one until the first Monday in December, 1919, at noon. Before the first Monday in December of each alternate year after 1913, the Board of Supervisors shall appoint one person as the successor of the member of the commission whose term shall then expire, to serve for six years. Any vacancy on the Commission shall be filled by the Board of Supervisors for the unexpired term. Each member of the Commission shall serve until his successor is appointed and qualified. Not more than one member shall be an adherent of the same political party. No member shall hold any other salaried county office, nor shall he have been, within the year next preceding his ap- pointment, an active executive officer in any political organization. Each member shall have been a resident of the county for the five years next preceding his appointment, and his name shall be upon the state and county assessment rolls at the time thereof. The Board of Supervisors, by a four-fifths vote of all the members, may remove a member of the Commission during his term of office, but only upon stating in writing the reasons for such removal and allowing him an opportunity to be publicly heard in his own defense. The Commission shall elect one of its members president. Sec. 31 : Each member of the Commission shall receive a compen- sation of Ten Dollars for each meeting thereof attended by him, not to exceed five meetings in any calendar month. The Commission shall appoint and fix the compensation of a Chief Examiner, who shall also act as Secretary. This position shall be in the competitive class. The Commission may appoint and fix the compensation, of such other subordi- nates as may be necessary. Sec. 32 : For the support of the work of the Commission, the Board of Supervisors shall annually levy and collect a tax on all taxable prop- erty in the county, at the rate of not less than one-half of one cent on each One Hundred Dollars of assessed valuation thereof. Any part of the tax so levied for any fiscal year not expended during such fiscal year, or required to defray expenses incurred during such year, shall on the first day of January next succeeding the end thereof, be placed in the general fund of the county. 12 Sec. 33 : The Civil Service of the county is hereby divided into the unclassified and the classified service. The unclassified service shall comprise: (a) All officers elected by the people. (b) In the office of the District Attorney: The Chief and one other deputy, one secretary, and three detectives; and special counsel and special detectives for temporary employment. (c) In the office of the Sheriff: The Under Sheriff, or Chief Dep- uty. In the office of the Assessor: The Chief Deputy. (d) Superintendents, principals and teachers in the school system. (e) Members of the County Board of Education. (f) Members of the Civil Service Commission. (g) All officers and other persons serving the county without com- pensation. The classified service shall include all other positions now existing or hereafter created. Sec. 34: The Commission shall prescribe, amend and enforce rules for the classified service, which shall have the force and effect of law; shall keep minutes of its proceedings and records of its examinations and shall, as a Board or through a single Commissioner, make investi- gations concerning the enforcement and effect of this Article and of the rules and efficiency of the service. It shall make an annual report to the Board of Supervisors. The rules shall provide : (1) For the classification of all positions in the classified service. (2) For open, competitive examinations to test the relative fitness of applicants for such positions. (3) For public advertisement of all examinations. (4) For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing in examination. Such lists shall remain in force not longer than two years. (5) For the rejection of candidates or eligibles who fail to comply with the reasonable requirements of the Commission in regard to age, residence, sex, physical condition or who have been guilty of crime or of infamous or disgraceful conduct or who have attempted any deception or fraud in connection with an examination. (6) For the appointment of one of the three persons standing high- est on the appropriate list. (7) For a period of probation not to exceed six months before appointment or promotion is made complete, during which period a probationer may be discharged or reduced with the consent of the com- mission. (8) For non-competitive examinations for minor positions in the county institutions when competition is found to be impracticable. 13 (9) For temporary employment of persons on the eligible list until list of the class covering the temporary employment is exhausted; and in cases of emergency, for temporary employment without examination, with the consent of the Commission, after the eligible list has been ex- hausted. But no such temporary employment shall continue longer than sixty days, nor shall successive temporary appointments be allowed. Nor shall the acceptance or refusal to accept such temporary appoint- ment on the part of a person on the eligible list be a bar to appointment to a permanent position from said eligible list. (10) For transfer from one position to a similar position in the same class and grade and for reinstatement within one year of persons who without fault or delinquency on their part are separated from the service or reduced. (11) For promotion based on competitive examination and records of efficiency, character, conduct and seniority. Lists shall be created and promotion made therefrom in the same manner as prescribed for original appointment. An advancement in rank or an increase in salary beyond the limit fixed for the grade by the rules shall constitute promotion. Whenever practicable vacancies shall be filled by promotion. (12) For suspensions for not longer than thirty days and for leaves of absence. (13) For discharge or reduction in rank or compensation after ap- pointment or promotion is complete, only after the person to be dis- charged or reduced has been presented with the reasons for such dis- charge or reduction, specifically stated, and has been allowed a reason- able time to reply thereto in writing. The reasons and the reply must be filed as a record with the Commission. (14) For the appointment of unskilled laborers and such skilled laborers as the Commission may determine in the order of priority of application after such tests of fitness as the Commission may prescribe. (15) For the establishment of a bureau of efficiency, consisting of the Commission, the Secretary thereof and the Auditor, for the purpose of determining the duties of each position in the classified service, fix- ing standards of efficiency, investigating the methods of operation of the various departments, and recommending to the Board of Supervisors and department heads measures for increasing individual, group and de- partmental efficiency, and providing for uniformity of competition and simplicity of operation. The Commission shall ascertain and record the comparative efficiency of employes in the classified service and shall have power, after hearing, to dismiss from the service those who fall below the standard of efficiency established. (16) For the adoption and amendment of rules only after public notice and hearing. 14 The Commission shall adopt such other rules, not inconsistent with the foregoing provisions of this section, as may be necessary and proper for the enforcement of this article. Sec. 35: In case of a vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional or expert char- acter, upon satisfactory evidence that competition is impracticable and that the position can best be filled by the selection of some designated person of recognized attainments, the Commission may, after public hear- ing and by the affirmative vote of all three members of the Commission, suspend competition, but no such suspension shall be general in its ap- plication to such positions, and all such cases of suspension shall be re- ported, together with the reason therefor, in the annual reports of the Commission. Sec. 36: All examinations shall be impartial and shall deal with the duties and requirements of the position to be filled. When oral tests are used, a record of the examination, showing basis of rating, shall be made. Examinations shall be in charge of the chief examiner except when members of the commission act as examiners. The commission may call on other persons to draw up, conduct or mark examinations, and when such persons are connected with the county service it shall be deemed a part of their official duties to act as examiners without extra com- pensation. Sec. 37 : All persons in the county or township service holding posi- tions in the classified service as established by this Article, at the time it takes effect, whether holding by election or by appointment, and who shall have been in such service for the six months next preceding shall hold their positions until discharged, reduced, promoted or transferred in accordance with the provisions of this Article. The Commission shall maintain a civil list of all persons in the county service, showing in con- nection with each name the position held, the date and character of every appointment and of every subsequent change in status. Each appointing officer shall promptly transmit to the Commission all information required for the establishment and maintenance of said civil list. Sec. 38 : The Auditor shall not approve any salary or compensation for services to any person holding or performing the duties of a position in the classified service, unless the payroll or account for such salary or compensation shall bear the certificate of the commission that the persons named therein have been appointed or employed and are per- forming service in accordance with the provisions of this Article and of the rules established thereunder. Sec. 39 : Charges against any person in the classified service may be made to the Commission by any elector of the county, such charges to be in writing. 11 Sec. 40: In any investigation conducted by the Commission it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and each Commissioner shall have the power to administer oaths to such witnesses. Sec. 41: No person in the classified service, or seeking admission thereto, shall be appointed, reduced or removed or in any way favored or discriminated against because of his political or religious opinions or affil- iations. Sec. 42 : No officer or employe of the county, in the classified service, shall, directly or indirectly, solicit or receive, or be in any manner con- cerned in soliciting or receiving, any assessment, subscription or contri- bution for any political party or political purpose whatever. No person shall, orally or by letter, solicit, or be in any manner concerned in solicit- ing, any assessment, subscription or contribution for any political party or purpose whatever from any person holding a position in the classified service. Sec. 43 : No person holding a position in the classified service shall take any part in political management or affairs or in political campaigns further than to cast his vote and to express privately his opinions. Sec. 44: Any person wilfully violating any of the provisions of this Article, or of the rules established thereunder, shall be guilty of a misde- meanor. ARTICLE X. Labor. Sec. 45 : In the employment of persons in the service of the county, where sex does not actually disqualify and where the quality and quan- tity of service is equal, there shall be no discrimination in selection or compensation, on account of sex. Sec. 46: Eight hours shall constitute a day's work for mechanics and others engaged in manual labor in the service of the county. Sec. 47 : In fixing compensation to be paid to persons under the classified civil service, the Board of Supervisors shall, in each instance, provide a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons, firms or cor- porations under similar employment in case such prevailing salary or wage can be ascertained. Sec. 48: Every person who shall have been in the service of the county, continuously, for one year, shall be allowed a vacation of two weeks on full pay, annually. Sec. 49 : The Board of Supervisors shall prohibit enforced labor with- out compensation as a penalty for the commission of public offenses. The net earnings of all county prisoners, based upon reasonable compensation 18 for services performed, shall go to the support of their dependents, and if such prisoners have no dependents, such net earnings shall accumulate and be paid to them upon their discharge. ARTICLE XI. Recall. Sec. 50: The holder of any elective or appointive county or town- ship office may be recalled by the electors at any time after he has held his office six months. The provisions of this Article shall apply to officials now in office, and to those hereafter elected or appointed. Such recall shall be effected as follows: A petition demanding the election or ap- pointment of a successor to the person sought to be recalled shall be filed with the Registrar of Voters, which petition shall be signed by qualified voters equal in number to at least fifteen per cent of the entire vote cast within the county for all candidates for the office of Governor of the state at the last preceding election at which a Governor was elected (or at least twenty-five per cent of such vote cast within the district or township for which the officer sought to be recalled was elected or appointed, in case of an official not elected by or appointed for the county) and shall contain a statement of the grounds on which the recall is sought. No insufficiency of form or substance in such statement shall affect the validity of the election and proceedings held thereunder. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signa- ture his place of occupation and residence, giving street and number or if no street or number exist, then such a designation of his residence as will enable the location to be readily ascertained. To each separate paper of such petition shall be attached an affidavit made by a qualified elector of the county, stating that the affiant circulated that particular paper and saw written the signatures appended thereto, and that, according to the information and belief of the affiant, each of said signatures is genuine, and the signature of a qualified elector of the county (or particular sub- division thereof in which such signers are hereby required to reside). Within ten days from the filing of such petition, the Registrar of Voters shall, from the records of registration, determine whether or not said petition is signed by the requisite number of qualified voters, and he shall attach to said petition his certificate showing such determination. If such certificate shows the petition to be insufficient, it may be supple- mented within ten days from the date of the certificate by the filing of additional papers, duplicates of the original petition except as to the names signed. The Registrar of Voters shall, within ten days after such additional papers are filed, ascertain from the records of registration, and certify whether or not the names to such petition, including such addi- tional papers, are still insufficient, and if insufficient, no action shall be taken thereon; but the petition shall remain on file as a public record. The failure to secure sufficient names shall not prejudice the filing later 17 of an entirely new petition to the same effect. If required by tke Regis- trar of Voter*, the Board of Supervisors shall authorize him to employ, and shall provide for the compensation of, persona necessary in the exami- nation of said petition and supplementing petition, in addition to the per- sons regularly employed by him in his office. In case the Registrar of Voters is the officer sought to be recalled, the duties in this Article pro- vided to be performed by him shall be performed by the County Clerk. If the petition shall be found to be sufficient, the Registrar of Voters shall submit the same to the Board of Supervisors without delay, whereupon the Board shall forthwith cause a special election to be held not less than thirty-five nor more than forty days after the date of the order calling such an election, to determine whether the voters shall recall such officer. If a vacancy occur in said office after a recall petition is filed, and the office is elective, the election shall nevertheless proceed as in this section provided. One petition is sufficient to propose the recall of one or more officials and the election of successors to such thereof as are elective. Nominations for any elective office under such recall election shall be made by petition in the manner prescribed by section 1188 of the Political Code. Upon the sample ballot there shall be printed, in not more than two hun- dred words, the grounds set forth in the recall petition for demanding the recall of the officer, and upon the same ballot in not more than two hundred words, the officer may justify himself. There shall be printed on the recall ballot, as to every officer whose recall is to be voted on, the following question: "Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of office)!" following which question shall be the words "Yes" and "No" on separate lines, with a blank space at the right of each, in which the voter shall, by stamping a cross (x) indicate his vote for or against such recall. On such ballots, under each such question there shall also be printed, if the officer sought to be recalled be an elective officer, the names of those persons who shall have been nominated as candidates to succeed him, in case he shall be recalled at such election ; but no vote shall be counted for any candidate for said office unless the voter also voted on the question of the recall of the person sought to be recalled therefrom. The name of the person sought to be recalled shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the recall of any incumbent shall vote "No," said incumbent shall continue in said office. If a majority shall vote "Yes," said incumbent shall thereupon be deemed removed from such office, upon the qualification of his successor. The canvassers shall canvass the votes for candidates for said office and declare the result in like manner as in a regular election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be thereby declared elected for the remainder of the term. In ease the person who received the 18 ^UC SOUTHERN REGIONAL LIBRARY FACILITY 001 368 471 highest number of votes shall fail to qualify within ten days after receiv- ing the certificate of election, the office shall be deemed vacant and shall be filled according to law. If the incumbent of an appointive office be re- called at such election, his successor shall be appointed immediately after the canvassing of the vote. Before any petition can be filed under this section for the recall of any person in the classified service of the county, there shall be presented to, and be passed upon by, the Civil Service Commission, a complaint in writing giving the grounds for and asking the removal of such person. Such complaint must be considered and be finally acted upon by the Com- mission within twenty days after such filing. Until such time as the Board of Supervisors shall appoint a Registrar of Voters under the provisions of this Charter, the powers and duties by this section conferred upon the Registrar of Voters shall be exercised and performed by the County Clerk. In case, at any time prior to the appoint- ment of such Registrar of Voters, the County Clerk shall be sought to be recalled, such powers and duties, in and about the matter of such pro- posed recall, shall be exercised and performed by some other officer or person to be designated by the Board of Supervisors. ARTICLE XII. Miscellaneous. Sec. 51 : Each county or township officer, Board or Commission shall appoint, from the eligible civil service list, for either permanent or tem- porary service, all assistants, librarians, deputies, clerks, attaches and other persons in the office or department of such officer, Board or Commis- sion, as the number thereof is fixed and from time to time changed by the Board of Supervisors; provided, that appointments to the unclassified service in their respective offices and departments shall be made by such officers, Boards and Commissions, without reference to such eligible list. Sec. 52 : The compensation of any elective county or township officer shall not be increased nor diminished during the term for which he was elected, nor within ninety days preceding his election. No compensation for any position, nor of any person under civil ser- vice, shall be increased or diminished without the consent of the Civil Service Commission specifically given thereto in writng. Sec. 53: Whenever any person in the service of the county is com- pelled to travel in the performance of his duty, he shall, in addition to his regular compensation, be reimbursed for his actual necessary expenditures for transportation, the hire of conveyances, and for lodging and meals. An itemized account of such expenditures shall be filed with the Clerk of the Board of Supervisors and be approved by the Auditor before being paid. The Board of Supervisors shall fix a maximum price to be paid for such lodging and meals, which shall be uniform and be made applicable to all persons alike, including members of the Board of Supervisors. 19 Sec. .">4 : \<> attorney, a^rm. stockholder or employe of any linn, asocial ion or corporation doinr 1-usiness under or by virtue of any t'ran ehise granted by, or contract made with the counts, shall, nor shall any person doing such business, nor shall any person financially interested in any such franchise or contract, be eligible to or hold any appoint ive count s office. Sec. 55: The District Attorney, Public Defender. County Counsel. and their deputies, shall not engage in any private law practice, and thes shall devote all their time and attention during business hours to the duties of their respective offices. Sec. 56. Nothing in this Charter is intended to affect, or shall be construed as affecting, the tenure of office of any of the elective officers of the county or of any district, township or division thereof, in office at the time this Charter goes into effect, and such officers shall continue to hold their respective offices until the expiration of the term for which they shall have been elected unless sooner removed in the manner provided by law; nor shall anything in this Charter be construed as changing or affecting the compensation of any such officer during the term for which he shall have been elected. But the successors of each and all of such officers shall be elected or appointed as in this Charter provided, and not otherwise. Sec. 57: This Charter shall take effect at noon on the 1irst .Monday in June, 1913. We, the undersigned members of the Board of Fifteen Freeholders of the County of Los Angeles, in the State of California, elected at a special election held in the said County on the 14th day of May, 1912, to prepare and provide a Charter for the said County, under and in accordance with Section iy 2 of Article XI of the Constitution of this state, have prepared, and we do hereby propose, the foregoing as and for a Charter for said County. IN WITNESS WHEREOF, we hereunto sign our names in duplicate this twenty-fourth day of September, 1912. LEWIS R. WORKS. Chairman FREDERICK BAKER, WILLIS H. BOOTH, T. H. DUDLEY, WILLIAM A. ENGLE, DAVID EVANS H. C. HUBBARD, J. M. HUNTER, GEORGE F. KERNAGHAN, FRANK R. SEAVER, J. H. STRINE, CHARLES WELLBORN. 20