San Bernardino header
File #: 10638   
Type: Consent Status: Passed
File created: 8/1/2024 Department: County Administrative Office
On agenda: 8/6/2024 Final action: 8/6/2024
Subject: Adoption of Ordinance Regarding Placing the San Bernardino County Law Enforcement Staffing and Community Protection Act of 2024 on the Ballot for the November 5, 2024 Election
Attachments: 1. ATT-CAO-080624-Summary of Ordinance for Law Enforcement Funding Protection Act Ordinance, 2. ATT-CAO-080624-Summary of Proposed Ordinance for Law Enforcement Ordinance, 3. ORD-CAO-080624-Law Enforcement Funding Protection Act Ordinance, 4. Item #63 Executed BAI, 5. Ordinance No. 4477

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          August 6, 2024

 

FROM

LUTHER SNOKE, Chief Executive Officer, County Administrative Office 

         

SUBJECT                      

Title                     

Adoption of Ordinance Regarding Placing the San Bernardino County Law Enforcement Staffing and Community Protection Act of 2024 on the Ballot for the November 5, 2024 Election

End

 

RECOMMENDATION(S)

Recommendation

Adopt ordinance relating to the Law Enforcement Staffing and Community Protection Act of 2024 and ordering that the proposal be submitted to the qualified electors at the November 5, 2024 election, which was introduced on July 30, 2024 (Item No. 2).

(Presenter: Luther Snoke, Chief Executive Officer, 387-4811)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Improve County Government Operations.

Operate in a Fiscally-Responsible and Business-Like Manner.

Provide for the Safety, Health and Social Service Needs of County Residents.

 

FINANCIAL IMPACT

Approval of this item may result in the use of additional Discretionary General Funding (Net County Cost). If approved by a majority of voters, the Board of Supervisors (Board) will be required to allocate a minimum amount of funding, as part of the County’s annual budget process, to patrol personnel, which includes Deputy Sheriffs, Detectives/Corporals, Sergeants, Lieutenants, and Captains whose job duties directly support the operations of County unincorporated patrol stations. This measure will also establish the base pay for elected County officers, other than Board members and the Superintendent of Schools. 

 

BACKGROUND INFORMATION

On July 30, 2024 (Item No. 2), the Board approved the introduction of the ordinance. The recommendation before the Board will adopt the ordinance on the Consent Calendar. Approval of this item will adopt the ordinance, order the San Bernardino County Law Enforcement Staffing and Community Protection Act of 2024 (Act) be submitted to the voters at the November 5, 2024 election, and order that the language in Attachment A of the ordinance be printed in the Voter Information Guide. This will provide the public with the opportunity to vote on the proposed Act.  

 

The proposed Act would establish a minimum funding level formula for patrol personnel dedicated to law enforcement activities in the area and establish an annual base salary for elective County officers, other than Board members and the Superintendent of Schools.

 

The funding level formula would establish a minimum amount of funding, based on the three prior years, in the annual budget to fund County patrol personnel’s direct salary and benefits costs for operation in the unincorporated area of the County. Patrol personnel include all Deputy Sheriffs, Detectives/Corporals, Sergeants, Lieutenants and Captains whose job duties directly support the operations of County unincorporated patrol stations. The Board may annually suspend the minimum funding budget requirement and declare a fiscal emergency for up to 12 months with a 4/5ths majority vote. Should the Board approve a resolution declaring a fiscal emergency, the up to 12-month suspension period shall not be included in the three-year average, unless by a separate vote all five members of the Board vote unanimously to include the up to 12-month suspension period in the three-year average. If the up to 12-month suspension period is not included, the three-year average will be based on the most recent three years with no declared fiscal emergency.  

 

The Sheriff/Coroner/Public Administrator (Sheriff) will publish an annual report, made available to the public and published on the County’s website in December of each year, detailing the total number of calls for service in the unincorporated area and deputy reports for the prior two fiscal years; the current and two prior fiscal years adopted unincorporated patrol personnel salary and benefit budgets; and the calculated minimum allocation for the current fiscal year’s unincorporated patrol personnel budget.  

 

The ordinance also sets the base salary, beginning on January 1, 2025, for the elective County officers, except Board members and the Superintendent of Schools, at the average of the base salaries paid to officers in the following California counties: Orange, Riverside, Los Angeles, San Diego, and Ventura. For the Sheriff and the District Attorney, the salary paid to the individuals holding the office of Sheriff and District Attorney in the five identified counties shall be used, regardless of whether the position has been consolidated with other elected offices or appointed positions. For other elective County officers, it is the most similar office, regardless of whether the position has been consolidated with other elected offices or appointed positions. In addition to base salary, the elective County officers shall receive compensation and benefits pursuant to the Salaries and Working Conditions of the County-Wide Elected Officials Ordinance. The individuals holding the positions of Auditor-Controller/Treasurer/Tax Collector and Assessor-Recorder on November 5, 2024, shall not have their base salary reduced and shall receive base salary increases of 4% annually on January 1 while they occupy that specific elective County office, including any future consecutive elected terms.

 

The salaries and benefits shall be posted on the County website and accessible from a link located on the home page of the County website.

 

If approved, the following ballot measure question will be placed on the November 5, 2024, General Election ballot for voters’ consideration:

Measure “___”

AMENDMENTS TO THE SAN BERNARDINO COUNTY CHARTER FOR LAW ENFORCEMENT STAFFING AND COMMUNITY PROTECTION

 

“Shall the amendments to the San Bernardino County Charter regarding law enforcement staffing and community protection within the unincorporated areas of the County be adopted?”

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel, 387-5455) on July 30, 2024; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on July 30, 2024.