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There are 58 Counties in the State of California. A
county is the largest political subdivision of the state
having corporate powers. It is vested by the Legislature
with the powers necessary to provide for the health
and welfare of the people within its borders. The basic
provisions for the government of California counties
are contained in the California Constitution and the
California Government Code. The specific organizational
structure of a county in California will vary from county
to county.
The California Constitution recognizes two types of
counties. General Law Counties that adhere to state
law as to the number and duties of county elected officials;
and Charter Counties. A charter does not give county
officials extra authority over local regulations, revenue-raising
abilities, budgetary decisions, or intergovernmental
relations. Charter Counties have a limited degree of
"home rule" authority that may provide for
the election, compensation, terms, removal, and salary
of the governing board; for the election or appointment
(except the sheriff, district attorney, and assessor
who must be elected), compensation, terms, and removal
of all county officers; for the powers and duties of
all officers; and for consolidation and segregation
of county offices.
The California Constitution authorizes a county to
make and enforce local ordinances that do not conflict
with general laws. A county also has the power to sue
and be sued, purchase and hold land, manage or dispose
of its properties, and levy and collect taxes authorized
by law.
Many additional powers have been granted to counties
by the Legislature. The powers of a county can only
be exercised by the Board of Supervisors or through
officers acting under the authority of the Board or
authority conferred by law. In addition, the Board must
follow the procedural requirements in the statutes or
its actions will not be valid. For example, if the Legislature
has provided a method by which a county may abandon
a road, that method must be followed. Also, where state
law requires land use zoning by an ordinance, this statutorily
prescribed method is binding on the county. On the other
hand, where the law does not specifically prescribe
a method for accomplishing a task, the county may adopt
any reasonably suitable means. |
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