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Home My WebLink About96-084~~s ~~ ~S Up~r1+~'~i ~~ ~~°~ • ~1~ ~~ QQ,~ ~' Q i ;c>q ~; BOARD OF SUPERVISORS *'k ~~ *i COUNTY OF BUTTE, STATE OF CALIFORNIA `~~ •~,?• ~'~~.~~L'OUIS~`~.~0~ li~'sc~lufion ~!c~. 9b-84 ~~~r RESOLUTION CALLING AN ELECTION: INITIATIVE COUNTY CHARTER AMENDMENT ENTITLED "PUBLIC SAFETY PRIORITY" WHEREAS, on June 3, 1996, a County-wide petition titled "PUBLIC SAFETY PRIORITY" was submitted to the Butte County Elections Department by the proponents thereof, and, after examination of the signatures thereon, the County Clerk- Recorder-Registrar determined that the petition was sufficient; WHEREAS, on June 25, 1996, the Clerk-Recorder-Registrar certified the results of her examination to this Board; WHEREAS, this Board has determined to submit the ordinance to the County voters at the statewide general election to be held on November 5, 1996, pursuant to Article II, Section 3(b) of the California Constitution, Government Cade Section 23722 and Elections Code Sections 9102 and 9118. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Butte, State of California, as follows: 1. The Board hereby calls an election to be held within the County of Butte on November 5, 1996, pursuant to Article II, Section 3(b) of the California Constitution, Government Code Section 23722 and Elections Code Sections 9102 and 9118. 2. The question to be submitted to the County voters at said election shall be: Shall the initiative County Charter amendment entitled "PUBLIC SAFETY PRIORITY", which amendment is attached hereto as Exhibit A and incorporated herein by this reference, requiring that the annual budget of each County "Public Safety Page 1 Agency r- at least as great as the Base Year Budget , be adopted? "Base Year Budget" far each such agency is defined as the greater of (1) the total spending authorizations approved far the prior fiscal year, plus inflationary increases, or (2) the amount approved as the 1995-96 budget, plus later approved augmentations and cumulative annual "inflationary increases". "Base Year Budget includes certain revenues beyond County control, such as State and Federal grants and reimbursements, but excludes funding for capital projects. 3. Said election shall be consolidated with the statewide general election to be held on November 5, 1996. 4. Said election shall be held and conducted pursuant to the procedures specified in Part 3 of Division 10 of the Elections Code commencing at Section 10400. 5. For the purposes of this election the "County voters" shall include all voters in the County, including voters in the incorporated areas of the County. 6. In accordance with Elections Code Section 13247, the County Clerk is authorized to abbreviate the above measure to be submitted to the voters of the County, to read as follows: Shall the initiative County Charter amendment entitled "Public Safety Priority", requiring that the annual budget of each County "Public Safety Agency" be at least as great as the "Base Year Budget", be adopted? "Base Year Budget" for each such agency is defined as the greater of (1) the total spending authorizations approved for the prior fiscal year, plus inflationary increases, or {2} the amount approved as the 1995-96 budget, plus later approved augmentations and cumulative annual "inflationary increases". "Base Year Budget" includes certain revenues beyond County control, such as State Page 2 and Feder-t grants and reimbursement but excludes funding for capital projects. YES [ ] NO [ ] PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Butte, State of California, held on July 23, 1996, by the following votes: AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin. NOES : None ABSENT : None NOT VOTING: None ",ijf~', ~~ ~~ ~ . ED McLAUGHLIN, hair Butte County B and of Supervisors ATTESTED: JOHN BLACKLOCK Chief Administrative Officer and the Clerk of ;ishe Board ~ , h,. By : ~ pubsafe.res Page 3 INITIATT_VE MEASURE TO BE SUBMITTED DIRECTLY TO THF. VOTERS PUBLIC SAFETY PRIORITY THE PEOPLE OF THE CCUNT'Y OF BUTTE FIND: 1. The people of the Stale of California have determined that protection of public safety is the first responsibility of local government and that local officials have an obligation to give priority to the provision of adequate public solely services, as set forth in amendments to Adicle XIII, section 35, of the California Gonstitulion, enacted by the voters at the 1993 General Election. 2. The purpose o1 the Public Safety, FIRST PRIORITY, Initiative is to implement the provi• sions of Article XIII, section 35, and to provide public safety as the first priority for the County of Butte. To adequately carry out that purpose, this initiative provides for amini- mum level ofservices by Public SafetyAgencies necessary to protect and serve the people of the County of Butte, establishes a base year budget for such services, and provides for increases to the base year budget based on inflation and population increases. thebudget for each Public Safety Agency submitted to the board for approval by the county administrative officer shall be, at a minimum, the Base Year Budget, calculated as set forth herein. E. Budget Adoption The budget, and appropriations set forth therein, as spending authority for each Public Safety Agency, for fiscal years subsequent to 1995-1996, shall be, at a minimum, 100 percent of the Base Year Budget, as set forth in the report and recommendations of the county administrative officer. In passing upon the proposed budget for each Public Safety Agency, the board of supervisors may eliminate, reduce or increase the amount of any item set forth therein, except that the total budget of each Public SafetyAgency may not be reduced below the Base Year Budget. THE PEOPLE OF THE COUNTY OF BUTTE DO HEREBY ENACT AS FOLLOWS: THE CHARTER FOR THE COUNTY OF BUTTE IS AMENDED TO ADD SECTION 3.1, AS FOLLOWS: SECTION 3.1 PUBLIG SAFETY AGENCIES. A. Prlorlty. The county administrative officer, and ail other officers and employees of the county shall exercise that discretion antl authority and perform those duties imposed by this charier and the county code.. including Those set forth in this section, under the principle that pro- tection of public safety is the first responsibility of local government and that local oficials have an obligation to give priority to the provision of adequate public safety services, as set forth in amendments to Article XIII, Section 35, of the California Constitution, enacted by the voters at the 1993 General Election. B. Base Year Budget. Within the lime required by law for preparation of the annual budget, the county adminis- trative officer shall calculate and submit to the board of supervisors, the amount that repre- sents the 'Base Year Budget', for each Public Safety Agency. The Base Year Budget for each Public Safety Agency shall be calculated as the greater o(either (1) or {2), as follows: {1) The sum of ail spending auihorizaiions approved by the board for the prior fiscal year for the Public Safety Agency and inflationary increases, calculated as provided here in. {2) The sum of the amount approved by the board of supervisors as the 1995-1996 Budget fnr the Public Safety Agency, and al! budnel and non•b!~d^_e± augmentations subsequently approved by the board for the Public Safety Agency, and cumulative annual inflationary increases, calculated as provided herein. Excluded Pram the Base Year Budget for each Public Safety Agency shall be funding allo- cated for capital projects, such as the cost of plant and equipment improvement, acquisi- tion and construction. C. Agency Budget Preparation The chief administrative officer shall develop budget instructions, policies, revenue esti- matesand departmental targets to guide Public SafetyAgencies in budget preparation and provide to each Public Safety Agency the Base Year Budoet, as defined in this charter, and all calculations utilized for its determination. Each Public Safety Agency shall submit a proposed budget to the chief administrative offices which shall contain an estimate of the amount that will be needed to carry out the duties and responsibilities of the agency for the next fiscal year. D. Budget Development and Recommendation to Board The county administrative officer shall develop and recommend io the board of supervi- sors, as an element of the annual county budget process otherwise required, an annual budget for each Public Safely Agency and shall develop and recommend annual county budget and control systems that assure that county expenditures and operations are con- ducted under the principle that protection of public safety is the first responsibility of local government and that local officials have an obligation to give priority to the provision of adequate public safety services. For each fiscal year subsequent to fiscal year 1995.96, F. Definition 'Public SafetyAgencies,' as used in this charter, include the following: the district attorney, the sheriff-coroner (including funding for corrections and detention services and their alter- natives), the probation department, and the department of fire protection. G. Inflationary Increases The county administrative officer shall determine the "inflationary increases" to be applied to the Base Year Budget (or each Public Safety Agency as the greater of (1) or (2), as follows: (1) The average inflationary increase (or United States Cities, as published in the Con- sumer Price Index for All Urban Consumers by the United Stales Department of Labor, Bureau of Labor Statistics, for the twelve month period of the immediately preceding Janu- arythrough December. (2) The percentage increase in the total county population as of January 1 of the prior calendar year, as published in 'Population Estimates for California Cities and Counties - Ofiicial State Estimates' by the State of California, Department of Finance, in May of each year. In no event shall the increase for "inflationary increases' in any one year exceed six per- cent. I(1he percentage increase in total county population exceeds six percent in any one year, the amount of the percentage increase over siz percent shall carry over to following years and shall be included in the calculation under (2), above for the following years. H. Allocations of Funds received pursuant to Article XIII, Section 35 and chapter 73, Statutes of 1993. Within the time required ter preparPtinn of th? anrnwl br!dgei, the rounty administrafiva officer shall prepare and submit to the board of supervisors. as an element of the annual county budges process otherwise required, a public report identifying the amount of all funds received by the county of Butte from the State of California pursuant to the provi- sions of Article XIII, section 35, and chapter 73, Statutes of 1993, as it may be amended, and the allocation of such funds, identified by amount and receiving entity, and all propos- als to allocate such funds for the fiscal year budget under preparation. After adoption of the final county budget, the county administrative officer shall prepare and submit to the board of supervisors a public report identifying the allocation in the budget, identified by agency and amount. of aIi funds received, or anticipated to be received, by the county of Butte from the State of California, pursuant to the provisions of Article XIII, section 35, and chapter 73, Statutes of 1993, as it may be amended. I. Severability It is intent of the people of Butte County. in enacting this initiative charter amendment, that its provisions be severable, and to that end, i(any provision of this initiative, or the applica- tion thereof, to any department, officer, district, agency, person, or circumstances is held invalid, that invalidity shall not affect the validity of other provisions or application of any other provisions which can be given effect without any invalid portion or other application. I cYm 26