REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 5, 2025
FROM
DAWN ROWE, Chair and Third District Supervisor, Board of Supervisors
SUBJECT
Title
Non-Financial Amendment to Contract with the Superior Court of California, County of San Bernardino and Introduction of Ordinance Amending the San Bernardino County Code Relating to the Responsibilities of the Chief Executive Officer
End
RECOMMENDATION(S)
Recommendation
1. Approve non-financial Amendment No. 1 to Contract No. 10-162 with the Superior Court of California, County of San Bernardino, for County services provided to the Superior Court of California, County of San Bernardino, revising language as it relates to the selection of the Chief Probation Officer, and deleting references to the Oversight Committee for the Chief Probation Officer, effective August 5, 2025, with no change to the automatic annual renewals of the contract.
2. Consider the proposed ordinance amending the San Bernardino County Code relating to the responsibilities of the Chief Executive Officer.
3. Make alterations, if necessary, to the proposed ordinance.
4. Approve introduction of the proposed ordinance.
• An ordinance of San Bernardino County, State of California, to add Subsection 12.0206(r) to Chapter 2 of Division 2 of Title 1, of the San Bernardino County Code, relating to responsibilities of the Chief Executive Officer.
5. SCHEDULE ORDINANCE FOR FINAL ADOPTION ON TUESDAY, AUGUST 19, 2025, on the Consent Calendar.
(Presenter: Dawn Rowe, Chair and Third District Supervisor, 387-4855)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost), as these updates to Contract No. 10-162 (Contract) with the Superior Court of California, County of San Bernardino (Superior Court) and the updates to County Code (Code) are non-financial in nature.
BACKGROUND INFORMATION
On March 23, 2010 (Item No. 32), the Board of Supervisors (Board) approved the Contract, a Memorandum of Understanding with the Superior Court, for the period July 1, 2009 through June 30, 2010, with automatic annual renewals. The Contract defined the County services provided by various County departments, and included provisions for the Superior Court to reimburse the County for the services provided by these County departments. The Contract also addressed program areas where the County and Superior Court shared responsibility and working relationships in the areas of Alternate Dispute Resolution, Court Facilities and Maintenance, Grand Jury, Indigent Defense, Law and Justice Group, Probation Officer, and Video Arraignment.
The recommended Amendment will amend the Contract as it relates to the Selection Committee of the Chief Probation Officer (CPO) position in Section 4.H.I and 4.H.II of the Contract, to align it with Government Code section 27770. Government Code section 27770 was passed into law in 2017, years after the Contract was approved in 2010. The Contract had created the Oversight Committee and designated the authority regarding the selection of the CPO to the Oversight Committee. However, under Government Code section 27770, the authority to appoint or terminate the CPO is granted to the majority of Superior Court judges. Under the recommended Amendment, Section 4.H.II. related to the Oversight Committee, is deleted in its entirety, and the Oversight Committee is dissolved to align with Government Code section 27770.
Under Recommendation No. 2, the proposed ordinance will update the Code to add subsection 12.0206(r) to revise the responsibilities of the Chief Executive Officer (CEO) to include the general administrative oversight of the CPO. The proposed ordinance also states that the CEO can investigate allegations of misconduct committed by the CPO and present the results of the investigation to the Presiding Judge of the Superior Court. Under Government Code section 27770, the CPO is appointed by a majority of Superior Court judges and may be removed for good cause as determined by a majority of Superior Court judges, unless a county charter provides for the appointment and tenure of the CPO or the position is governed by the merit or civil service systems in the county.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel, 387-5455) on July 17, 2025; and County Finance and Administration (Penelope Chang, Principal Administrative Analyst, 387-4886) on July 10, 2025.