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RESOLUTION CALLING AN ELECTION: COUNTY CHARTER AMENDMENT ENTITLED "PUBLIC
PROTECTION PRIORITY"
WHEREAS, on June 3, 1996, a County-wide petition entitled "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 initiative County
Charter amendment proposed by said petition to the County voters at the
statewide general election to be held on November 5, 1996;
WHEREAS, this Board has determined further that an alternative County
Charter amendment entitled "Public Protection Priority" should be submitted
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 Code 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.
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2. The question to be submitted to the County voters at said election
shall be:
Shall the County Charter amendment entitled "Public
Protection Priority", which ordinance is attached hereto
as Exhibit A and incorporated herein by this reference,
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" is defined as
the amount approved as the FY 1995-96 budget, plus
approved augmentations to that budget. "Base Year
Budget" excludes certain revenues beyond County control,
such as State and Federal grants and reimbursements,
one-time spending authorizations, and funding for
capital outlay purposes.
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
Gode 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 County Charter amendment entitled "Public
Protection 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
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Year Budget" is defined as the amount approved as the
FY 1995-96 budget, plus approved augmentations to that
budget. "Base Year Budget" excludes certain revenues
beyond County control, such as State and Federal grants
and reimbursements, one-time spending authorizations,
and funding for capital outlay purposes.
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 Nleyer, Dolan, Houx, and Chair McLaughlin
NOES: Supervisor Thomas
ABSENT: None
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NOT VOTING: None ~ '~ ~1
~~ ~~ ~ ~
ED McLAUGHLIN, C it
Butte County Baa d of Supervisors
ATTESTED:
JOHN BLACKLOCK
Chief Administrative Officer
and the Clerk of t4~e Board
By : '~ ' ~. %~ .
pubsafea.res
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Ordinance No.
MEASURE TO BE SUBMITTED DIRECTLY TO THE YOTERS
PUBLIC PROTECTION PRIORITY
THE PEOPLE OF THE COUNTY OF BUTTE FIND:
1. The people of the State 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 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.
2. The purpose of the Public Protection Priority Charters
Amendment is to implement the provisions 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 a minimum level of services by Public Safety Agencies 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.
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 PUBLIC SAFETY AGENCIES.
A. Priority.
The Chief Administrative Officer, and all other officers and
employees of the county shall exercise that discretion and authority
and perform those duties imposed by this charter and the county code,
including those set forth in this section, 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, as set
forth in amendments to Article XIII, Section 35, of the California
Constitution, enacted by the voters at the 1993 General Election.
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B. Base Year Budget.
(1) Within the time required by law for preparation of the
annual budget, the Chief Administrative Officer shall calculate and
submit to the Board of Supervisors, the amount that represents the
"Base Year Budget", for each Public Safety Agency. The Base Year Budget
for each Public Safety Agency shall be equal to the sum of (1} the
amount approved as the FY 1995-96 budget by the Board of Supervisors
for that Public Safety Agency; and (2) all budget augmentations
approved by the Board of Supervisors for that Public Safety Agency
between the adoption of the budget for FY 1995-96 and the end of FY
1995-96.
(2) In calculating the Base Year Budget, the fallowing
appropriations and/or augmentations shall be excluded:
(a) Appropriations and/or augmentations of grant funds
received by the County from any source;
(b) Appropriations andjor augmentations of revenue received
by the County for the child-support related activities of the district
attorney performed pursuant to Part D, Subchapter 4 of the Social
Security Act (42 U.S.C. Section 301 et seq.), or a similar federal
statute;
(c) Appropriations andjor augmentations of asset forfeiture
funds;
(d) Appropriations andjor augmentations made by the County
for capital outlay purposes, including, but not limited to,
expenditures for plant, vehicle, and fixed asset improvement,
acquisition and construction;
(e) Appropriations andjor augmentations for one-time public
safety purposes;
(f) Any amount attributable to a decrease in appropriations
or augmentations for retirement costs or workers' compensation casts
that are not attributable to a change in benefit levels;
(g) Appropriations andjor augmentations to fund the
County's performance of any contract pursuant to which the County
provides public safety services for another jurisdiction;
(h) Appropriations and/or augmentations of funds received
by the County pursuant to Chapter 3 (commencing with Section 15200)
of Part 6 of Division 3 of Title 2 of the Government Code, or any
successor statute, or any other reimbursement by the State for
homicide trial costs, including, but not limited to Chapter 1649 of
the statutes of 1990 and its successors; and
(I) Appropriations andjor augmentations made to provide
public safety services during a local state of emergency declared by
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the county pursuant to county ordinance and applicable federal and
state law.
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(3) The Base Year Budget may be adjusted by the Board of
Supervisors to reflect a change in organization or reorganization
pursuant to the Cortese-Knox Local Government Reorganization Act of
1985 (Part 1 (commencing with Section 56000) of Division 3 of Title
5 of the Government Code) or any successor statutes.
C. Agency Budget Preparation
The Chief Administrative Officer shall develop budget
instructions, policies, revenue estimates and departmental targets to
guide Public Safety Agencies in budget preparation and provide to each
Public Safety Agency the Base Year Budget, 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 Officer, 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 Chief Administrative Officer shall develop and recommend to
the Board of Supervisors, as an element of the annual county budget
process otherwise required, an annual budget for each Public Safety
Agency and shall develop and recommend annual county budget and
control systems that assure that county expenditures and operations
are conducted 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, the budget far each Public Safety Agency submitted to
the Board for approval by the Chief 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 each fiscal year
subsequent to 1995-1996, shall be, at a minimum, 100 percent of the
Base Year Budget, calculated as provided herein, as set forth in the
report and recommendations of the Chief 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 Safety Agency may not be reduced below the Base Year Budget
(including the "inflationary increase").
F. Definition
"Public Safety Agencies", as used in this charter, include the
following: the District Attorney, the Sheriff-Coroner (including
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funding for corrections and detention services and their
alternatives), the Probation Department, and the Department of Fire
Protection.
G. Allocations of funds received pursuant to Article XIIZ,
Section 35 and Chapter 73, Statutes of 1993.
Within the time required for preparation of the annual budget,
the Chief Administrative Officer shall prepare and submit to the Board
of Supervisors, as an element of the annual county budget 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 provisions of Article XIIZ, 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 proposals
to allocate such funds for the fiscal year budget under preparation.
After adoption of the final county budget, the Chief 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 all 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 ?3, Statutes of
1993, as it may be amended.
H. Severability
It is the intent of the people of Butte County, in enacting this
charter amendment, that its provisions be severable, and to that end,
if any provision of this amendment, or the application 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.
(public.ord}
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