ARTICLE IX
Powers and Duties of Officers Other Than Supervisors

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SECTION 40. GENERAL POWERS AND DUTIES. Each and all of the officers, boards and commissions now existing or created hereunder or by the Constitution or general laws of this State, or by the Board of Supervisors, shall have and exercise all the powers and shall perform all the duties vested in and delegated to them by the Constitution and general laws and by this Charter.

SECTION 40-A. ASSESSOR, PLAT BOOK. Notwithstanding any provision of this Charter to the contrary, it shall be the duty and responsibility of the Assessor to prepare all plat books for the use of his office. (1961)

SECTION 41. APPOINTMENT AND REMOVAL OF SUBORDINATES. The County Executive and the Board or officers authorized by this Charter, or by ordinance, to appoint deputies, clerks, attaches or employees, shall have the right and power to remove them; and where the consent or approval of another Board or officer is required for such appointment, or employment, a similar consent or approval shall be required for the removal.

NOTE: The provisions of this Section insofar as it relates to the removal and appointment of employees in civil service positions are abrogated by the provisions of Article XVI.

SECTION 42. DISTRICT ATTORNEY. The District Attorney shall perform the duties provided by law, and shall advise the Board of Supervisors and all county, township and district officers in all matters and questions of law pertaining to their respective functions, powers and duties, and, subject to the provisions of the general law empowering the Board of Supervisors to employ special counsel, shall have exclusive charge and control of all civil actions and proceedings in which the county, or any officer, board or commission of said county is a party, or is officially concerned or interested. He shall also act as attorney for the Public Administrator as to all estates in which such officer is personal representative, and shall, in every such matter, collect the attorney's fees allowed therein by law, and pay same into the County Treasury.

NOTE: Except for duties relating to criminal law enforcement, the duties provided for above now are the responsibility of the County Counsel, which office has been created pursuant to Section 26.

SECTION 43. ENGINEER. The office of County Engineer is hereby created. Upon the expiration of the present term of office of the incumbent County Surveyor, as herein provided, the Engineer shall be ex-officio County Surveyor and shall have the powers and perform the duties of the County Surveyor. He shall be a licensed land surveyor and a registered civil engineer of the State of California, who shall have had, prior to his appointment, practical experience in road construction. The County Engineer, in addition to such other powers and duties as are herein vested in him, shall have and exercise, the following powers an duties:

NOTE: The title currently used for the position of County Engineer ex-officio Surveyor and Road Commissioner is Director of Public Works.

(a) To make all surveys, maps, plans, specifications, tests and inspections, and estimates necessary or required for the construction, improvement, maintenance and repair of the county roads, highways, bridges, ferries and other public works. To prepare plat books for use by the County Assessor, to verify, check and approve maps of proposed subdivisions as required by law, upon receipt of proper notice that fee for such work has been paid.
NOTE: As provided in Section 40-A, the County Assessor now prepares plat books.

(b) To examine and continuously inspect the work performed on such roads, highways, bridges and other public works, and report to the County Executive as to whether or not the work has been done in accordance with the plans and specifications and contracts therefor.

(c) To inspect, approve and certify to the progress, estimates and allowance for work performed under all contracts for the construction, improvement and maintenance or repair of County roads, highways, bridges, ferries, buildings and other public works.

(d) To inspect or cause to be inspected, all public works within the county and to keep the same clear of obstructions and in good repair, to employ all men, equipment and all help necessary therefor, when the same is not let by contract, and to report to the County Executive with respect thereto; to certify to the correctness of all payrolls for work done by day labor or force account on county roads, highways, bridges and other public works.

(e) To have control and management of all county rock quarries, oil pits, and depots, gravel pits and other materials, property, implements, instruments, tools, machinery and other appurtenances necessary for the construction, improvement, maintenance and repair of county roads, highways and bridges, and other public works.

(f) Subject to the approval of the County Executive to create and establish such road construction and maintenance stations as he may deem to be necessary or proper.

(g) By and with approval of the Auditor, to install such cost accounting system, not inconsistent with the laws of the State, covering unit costs of all work performed on county roads, and highways, as may be necessary to accomplish the purposes set out in this Article.

(h) To prepare annually in triplicate, a proper budget showing in detail the needs of the county for construction, improvement, and maintenance or repair of county roads, highways and bridges and other public works for the ensuing year and to submit one thereof to the Auditor, one thereof to the County Executive and one thereof to the Board of Supervisors at least thirty (30) days prior to the date of the meeting at which the Board of Supervisors is required to fix the county tax rate.

(i) As a basis for the preparation of budget estimates and for the allocation of funds for roads, highways and other public works he shall under the direction of the County Executive classify, from time to time, all county roads and highways according to the amount of traffic each road bears as determined by periodic traffic counts.

SECTION 44. AUDITOR. The Auditor shall have and exercise all the powers and shall perform all the duties, vested in and required of a county auditor to be performed by the Constitution and general laws and he shall have such additional powers and perform such additional duties as may be vested in him or by him required to be performed by this Charter or by ordinance of the Board of Supervisors. He shall publish annually the statement required by Section 4049 "A" of the Political Code, required by Statutes of 1907, page 374.

NOTE: Former Section 4049 "A" of the Political Code now is covered by Sections 25253 and 25254 of the Government Code. On July 7, 1954, the Board of Supervisors appointed the County Auditor Ex-officio Controller.

SECTION 45. PURCHASING AGENT. The purchasing agent, under such limitations and restrictions as are prescribed by law, shall have and exercise the following powers and duties additional to those which are conferred upon him by general law.

(a) To prescribe rules and regulations for procedure with respect to purchases of county materials and supplies.

(b) To enter into term contracts for not exceeding one year for the purchase of materials or supplies for the county, or any officer, board or commission thereof, when duly authorized to do so.

(c) If and when he becomes authorized by law so to do, to purchase all materials, supplies, furnishings, equipment and all other property necessary or proper for use by any school district with the county.

(d) To standardize, so far as possible, all materials, supplies equipment and other property required for the conduct and operation of all departments, offices, boards, courts, commissions and institutions of the county, and to maintain a continuous inventory.

(e) In accordance with such procedures as may be prescribed by the Board of Supervisors, to sell all personal property which, in his judgment, is no longer suitable or necessary for county use, provided, that all such sales shall be reported to and ratified by the Board of Supervisors before becoming effective.

(f) To perform such other duties as may be lawfully prescribed or required by this Charter or by ordinance, resolution or order of the Board of Supervisors.

SECTION 45-A. REPEALED. (1972) See Article XVI.