File #: ORD 16-021    Name: PD and DSS Ordinance
Type: Ordinance Status: Consent Agenda
File created: 10/7/2016 In control: Board of Supervisors
On agenda: 10/18/2016 Final action: 10/18/2016
Title: Introduce, waive reading and set November 1, 2016, for adoption of an ordinance to amend Section 2.12.040 of the Monterey County Code and add Chapter 2.22 to the Monterey County Code to: a. Change the appointing authority of the Public Defender and establish the Public Defender as an appointed position to be appointed by and serve at the will of the Board of Supervisors; b. Change the appointing authority of the Director of Child Support Services; and c. Update the reference to the County Department of Social Services to reflect a prior change in the name of the department.
Attachments: 1. Board Report, 2. PD and DSS Ordinance.Clean.101816, 3. PD and DSS BR Ordinance.Redlined.101816, 4. Completed Board Order
Title
Introduce, waive reading and set November 1, 2016, for adoption of an ordinance to amend Section 2.12.040 of the Monterey County Code and add Chapter 2.22 to the Monterey County Code to:
a. Change the appointing authority of the Public Defender and establish the Public Defender as an appointed position to be appointed by and serve at the will of the Board of Supervisors;
b. Change the appointing authority of the Director of Child Support Services; and
c. Update the reference to the County Department of Social Services to reflect a prior change in the name of the department.

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Introduce, waive reading and set November 1, 2016, for adoption of an ordinance to amend Section 2.12.040 of the Monterey County Code and add Chapter 2.22 to the Monterey County Code to:

1. Change the appointing authority of the Public Defender and establish the Public Defender as an appointed position to be appointed by and serve at the will of the Board of Supervisors;
2. Change the appointing authority of the Director of Child Support Services; and
3. Update the reference to the County Department of Social Services to reflect a prior change in the name of the department.

SUMMARY/DISCUSSION:
The proposed ordinance amends the Monterey County Code to change the appointing authority for the Monterey County Director of Child Support Services and Monterey County Public Defender consistent with state law. Under state law, the Board of Supervisors appoints the Director of Child Support Services and appoints the Public Defender if the Public Defender is established as an appointed rather than an elected position. Accordingly, this ordinance removes these positions from lists of officers appointed by the County Administrative Officer and adds these positions to the list of officers not appointed by the County Administrative Officer. Under the ordinance, the Monterey County Public Defender is established as an appoi...

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