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HomeMy WebLinkAbout75-177. ~'_~ ~ RESOL~tJTI01~7 CONCERNING SHORTAGES IN COUNTY k'UNDS , RELIEF IN THE ABSENCE OF FRAUD, COVERAGE, GH~IRGE AGAINST GENERAL FUND ALL PURStJ.ANT '~'0 GOVERNMENT CQDE SECTION 29390 No. ~s-- ~~~ WH~REAS, the various cotlnty departments are required ~o keep various cash £unds, and WHEREAS, ~rom time to time shortages in these funds have occurred. L30W, 'I'HEREFOItE, BE IT RESOZVED by this Board: l. Where there is a shortage in any fund under the control of a county officer or employee, which shortage did not occur as a result o£ #raud or qross negligence on the part of the county officex or employee in charge of said fund, such officer o~ employee may be relieved o£ such shortage in his accounts pursuant to the terms and conditions o£ this resolution. 2. When a shorage occurs in any accounts under the control. of a county officer, that county officer shall immediately notif~r the coun-~y auditor of such shortage. 5hould the circumstances warran~, the county o~ficer should also immediately notify the appropriate polace agency for formal investiqation. In the event the coun~y o~~icer desires relief from such shortage, he sha1~ formally apply to the Board of Supervisors for such relief, pursuant to Government Code Section 29,390, and the Board of Supervisors shall obtain concurrence from bo~h the County Auditor and District Attorney prior to any grant of rel.ie£. 3. Shoulcl the Board o~ Supervisors determine that the sY~.ortage in question occurred not as a result o£ fraud or gross negligence, then in that event the Board may, by minute order relieve the county o££icer or employee concerned of the shortage in his account. For purposes of this resolution, the term "gross negligence" is defined as follows: '°The intentional failure to perform a manifest duty in reckless disregard of the consequences as affectinq the life or property of another; such a gross want o~ care and regard for the rights of others as to justi~y the presumption of willfulness and wantonness." PASSED AND ADOPT~D by the Butte County Board o~ Super- visors this9th day of Decembex , 1975, by the following vnte: AYES: Supervisors Cameron, Richter, Madigan, McKillop and Cha~rman Ladd NOS : None 1-1BSENT: None NOT VOTTL3G : None ES LADD, Chairma of the Board of Supervisors ATTES~' : CI,ARK A NELSON, Cpunty Clerk and ex-officio C1erk o~ the Board BX ~~a=we~~''e. ~ -2-