THE COUNTY OF THE FUTURE
In our mind’s eye we have now completely made over the system. Metropolitan counties have retired from the field; the remainder have in a large measure been put in command of their own destinies through a generous extension of the home-rule principle. The county politician of the conventional type has been extinguished and single-minded service of the whole people has replaced a hyphenated allegiance that put the county chairman in the place of highest honor.
What could such a county do for its citizens?
It should be kept in mind that this county of the imagination with which we are particularly concerned will be practically confined to rural and semi-rural localities. Here, even while we dream, a very actual metamorphosis is going on which inevitably promotes a sense of community interest. Thanks to Alexander Graham Bell and Henry Ford, the countryside is getting together in spite of itself! The rural gentry will think in bigger units and the basis of its allegiances will be correspondingly broadened. And a more fundamental accomplishment for county betterment could not well be conceived, for, as Herbert Quick has asked: “Did you ever know a man that was proud of his county?” The answer to which he gives himself: “I knew but one such man and his relations were all in county offices.”
The county of the past has lacked opportunity to “do itself proud.” The county of the future will be equipped to do interesting things in an interesting way. But it must develop policies--real politics--as a substitute for the interest that has made place hunting and place holding a basic rural industry. The farmer of the future must be given something more wholesome to think about “during the long winter evenings” than who is to be the next coroner; and he must cease to measure his freedom by the number of offices he attempts to fill with his ballot.
But before county citizenship is raised to the point of appreciation of the new order a benevolent deed of violence must be done to a power in the community noted principally for sycophantic approval of the administration in power, an utter lack of either conscience or ideas, and “patent insides”--the county official newspaper. The cheap “boiler-plate” weekly must go the way of old Dobbin and in its place will come some means yet to be devised, for putting out official advertising that really advertises and furnishing news that is not only “fit to print,” but worth the while.
When these mechanical essentials of an efficient local democracy shall have been acquired the county will be in a position to formulate a genuine program of service. As to the ingredients for the same a few suggestions may be in order:
PUBLIC HEALTH
Contrary perhaps to general opinion, the rural sections of the country are not conspicuously free from a public health problem. All the squalor, bad housing and contagion is not in the crowded city tenements. Rural citizens have perhaps much more to learn about pure milk and water, for instance, than their city brethren. But the public health movement has struck the country districts. It seems to have come principally by way of the nation wide attack on tuberculosis. During the past six or seven years there has been a remarkable campaign for institutions for the care of persons afflicted with this malady. It is something entirely distinct from the idea of caring for the pauper sick, for it has been found difficult to persuade many people in need of proper treatment to go to an institution to which a long-standing stigma is attached. New York now has such special institutions in about half of its counties. In the South, North Carolina has made more important progress than any other state. Ninety of its hundred counties have part-time county physicians, while the other ten have county health officers devoting their entire time and energies to the preservation of public health and the prevention of disease. The standard for the selection of these officers is very high.
Wisconsin has enacted a statute authorizing the board of supervisors of any county to employ a graduate trained nurse whose duties are:
“To act as a consulting expert on hygiene for all schools not already having medical inspection either by physician or visiting nurse, to assist the superintendents of the poor in their care of the poor in the county who are in need of the services; to give instruction to tuberculosis patients and others relative to hygiene measures to be observed in preventing the spread of tuberculosis; to aid in making a report of existing cases of tuberculosis; to act as visiting nurse throughout the county and to perform such other duties as a nurse and hygienic expert as may be assigned to her by the county board.”
That the spirit of the new public health movement is taking hold to some extent in Minnesota is the testimony of a local authority:
“Koochiching County has the first and only county health organization in the state. The county commissioners and the county school board there see the economy of hiring a medical man to preserve the health of the community and to keep the children in school the maximum number of days each term.
“Furthermore, they have chosen a health officer with a proper point of view; one who believes that a health department should be an educational agency more than a police bureau; one who reserves the ‘police club’ for exceptional emergencies, but who is ever ready to instruct and convert. In Koochiching County the authorities are laying the foundation for a type of citizenship that is not only going to grow up healthy, but will be so well informed that it will observe sanitary laws and insist upon proper health safeguards. A county health organization similar to the one in Koochiching County, or a better one if it can be afforded, is needed in every Minnesota county, southern as well as northern, but particularly in the pioneer district.”
The public health movement in counties is by no means limited to the cited states.
COUNTY PLANNING
An example full of suggestive possibilities for almost any locality comes to us from Westchester County, N. Y. It is a district which is partly suburban and partly rural and has had very little unity excepting a political one. The lines of railroad travel run not to a common center within the county but to the Grand Central Terminal in New York City. This situation the Westchester County Chamber of Commerce set about to alleviate at least in some degree by means of a county physical plan which would facilitate communication between sections and possibly tend to distribute population more evenly. The plan calls for a carefully thought-out system of roads, parks and sewers. It is a private undertaking, but cities have official planning commissions; why not counties? What could better serve as the starting point for a broad, comprehensive program for a modernized county to undertake?
COUNTY LIBRARIES
Quite as fundamental to the welfare of the rural county as turnpikes and bridges is the awakening of its intellectual life. The school system is becoming everywhere more highly centralized, so that educational policies and administration are controlled from the state capitol. But the schools only meet the demand in an elementary limited way, leaving the adult population and the graduate of the common and high schools for the most part unprovided for. The United States Commissioner of Education has discovered that “probably seventy per cent. of the entire population of the country have no access to any adequate collection of books or to a public reading room. In only about one third of the counties of the United States is there a library of five thousand volumes or more. In only one hundred of these do the villages and country people have free use of the libraries.”
In 1901 an Ohio county through a legacy left by one of its citizens was enabled to meet this deficiency at least partially by establishing the first county library. It has grown rapidly and now has not only a central building but a number of sub-stations. The county is said, as a result of this beginning, to have experienced a general awakening which has been evidenced in good county pikes, county parks and a hundred other tangible ways.
Following the example of Ohio, county library laws were passed in Wyoming, Wisconsin, Minnesota, Missouri, Maryland, Oregon, Nebraska and New York. California has twenty-seven county libraries.
THE PUBLIC DEFENDER
Throughout Oklahoma and in Los Angeles county a humanitarian public opinion has manifested itself in the erection of a new county office, that of public defender. The purpose of this new institution is to put the impecunious litigant actually as well as legally on an equal footing with his opponent, whether he be a defendant in a criminal action or a party to a civil suit. Hitherto the law had prescribed that every defendant should have counsel, even if it be at the state’s expense. But the lawyers assigned to this somewhat thankless task (in a pecuniary sense) were either young and inexperienced or too busy with more lucrative practice to give the “charity” cases the attention they deserved. Under the new system the salaried defender is a man comparable in his ability to the district attorney; he gives his entire time to the county and has a number of assistants. The defender serves also as an investigator for the court and often in this capacity discovers circumstances which justify the judge in mitigating sentence. Incidentally, two years experimentation with this office in Los Angeles has shown that a considerable saving can be made as against the old method of employing various lawyers in private practice.
While the public defender will doubtless acquire greatest importance in city counties, rural communities will not fail to provide opportunities for his services.
AN IDEALIZED POORMASTER
For another piece of successful experimentation we must again revert to Westchester County, N. Y., this time to the work of V. Everit Macy, the superintendent of the poor elected in November, 1914. Mr. Macy entered upon his public duties, a man of wealth and long experience in social welfare work. He found the poor administration of the county at its political worst: petty graft in commitments and the purchase of supplies, an archaic almshouse, a notable absence of informing records, neglect of proper medical examinations. He began at the source of the trouble by eliminating “politics,” in the making of appointments, by the simple expedient of requiring applicants for positions to state their qualifications. In time he had surrounded himself with a group of trained social workers, men and women who, according to one observer, “are as unlike the staff commonly found with a poor-law officer as the faculty of a university is unlike that of a one-room country school.” The simple recital of a few of his achievements in his first two-year term presages, perhaps, the county of the future as somewhere in sight of its highest efficiency as a humanitarian agency. Mr. Macy systematized records, required physical and medical examination of all inmates, weeded out mental defectives and sent them to custodial institutions, started competitive bidding in the purchase of supplies (saving $18,000 in the first year), improved the diet of inmates and their general level of health, tripled the amount of produce raised upon the county farm, made the hospital a preventive agency instead of a place for treating cases suffering obviously from disease.
The superintendent’s basic interest, by the way, is the ultimate causes and prevention of poverty, and to this end he has instituted investigations and records of the habits, occupations and every other matter concerning the inmates that might throw light upon their present condition.
In the handling of children’s cases, his work has been particularly effective. To begin with, unnecessary commitments, which had been encouraged by the fee system prevailing in New York, have been prevented. And during the first year of the term 311 children ceased to be public charges, some of those previously committed having been transferred to state homes, some having been placed in foster homes, but the far greater number, 239, having been returned to their relatives. Inasmuch as the annual cost to the county for each committed child was $237, the public saving accomplished through this systematic, intelligent handling of the child problem was over $17,000.
Before Mr. Macy’s first term had expired he had so far won the confidence of the board of supervisors and the public in general that they accepted plans for centralizing the public welfare work of the county in a great plant for which nearly $2,000,000 has already been appropriated. Within the confines of this new establishment will be accommodated the almshouse, the county hospital and the county jail. The office of superintendent of the poor, in the meantime has been abolished (January 1, 1917) and a new officer to be known as the commissioner of charities and correction, and having greatly extended jurisdiction, will take his place.
It is a new conception which Mr. Macy has given us of the once melancholy job of the poormaster and he has new revelations of the possibilities of his position in store.
CITIZEN ORGANIZATION
But movements for better rural health, better library facilities, better physical development and for a better conception of public humane obligations do not spring out of the air. Always they are the product either of some personal initiative or some organized effort. Does any county clearly lack that element of citizen leadership? Then the obvious need of the county is to bridge that gap. The rural population of America suffers (the word is all too weak) for the lack of a public community sense. Every “average” rural citizen is a unit, he does not travel in droves--so much for his independence. On the other hand, he has not fully learned the art of coöperation and legitimate compromise. The end of this condition, however, will doubtless come by way of his growing realization of a community of private interest developed through such special organizations as county chambers of commerce, boards of trade and county agricultural associations.
Sometimes such bodies, founded with the idea of promoting a common material advantage, as, for instance, by enhancing the value of local real estate or attracting capital to local industries, discover by a gradual process that the government is an indispensable leverage to achieving the particular ends in view and that existing government is a decidedly ineffectual instrument. It was through such a metamorphosis that the Chamber of Commerce in Westchester County, N. Y., progressed in its program of county planning, to a study of and attack upon the faulty system of taxation, to plans for a revision of county government and finally to an active interest in county home rule through constitutional revision. County chambers of commerce are also doing much to beat down the barriers of distrust that have existed between the farmer and the business man. By a commingling of the two in a common organization both have often come to an understanding of their mutual interest in good roads, good schools and all the other appurtenances of a developed community.
COUNTY STUDY CLUBS
An interesting effort to stimulate a healthy county consciousness through a different intellectual means is being undertaken in North Carolina. Under the auspices of the University of North Carolina “home-county clubs” have been established in many counties and, according to the prospectus, the members “are bent upon intimate, thoughtful acquaintance with the forces, agencies, tendencies, drifts and movements that have made the history we study to-day, and that are making the history our children will study to-morrow.” The club studies are mainly concerned with rural problems. Each county is compared with itself during the last census period, “in order to learn in what particulars it has moved forward, marking time or lagging to the rearward.” But also it is compared with other counties of the state, in every phase of the study, in order to show its rank and standing.... “Meanwhile the state as a whole is being set against the big background of world endeavor and achievement.”
* * * * *
Such are just a few of the signs of the broadening of rural community life. To plan, to put before the public for discussion and approval, and to execute just such projects as these is the constructive opportunity of the county of the future. It is a program which will tax the county’s citizenship and statesmanship. It is the county’s real “politics.”
Dr. I. J. Murphy of the Minnesota Public Health Association.
See Winthrop D. Lane, “A Rich Man in the Poor House,” Survey, Nov. 4, 1916. Reprinted in pamphlet form by the County Government Association, White Plains, N. Y.
APPENDIX A
CONSTITUTIONAL COUNTY HOME RULE IN CALIFORNIA
County charters.
SEC. 7½. Any county may frame a charter for its own government consistent with and subject to the Constitution (or, having framed such a charter, may frame a new one), and relating to matters authorized by provisions of the Constitution, by causing a board of fifteen freeholders, who have been for at least five years qualified electors thereof to be elected by the qualified electors of said county at a general or special election. Said board of freeholders may be so elected in pursuance of an ordinance adopted by the vote of three fifths of all the members of the board of supervisors of such county, declaring that the public interest requires the election of such board for the purpose of preparing and proposing a charter for said county, or in pursuance of a petition of qualified electors of said county as hereinafter provided. Such petition, signed by fifteen per centum of the qualified electors of said county, computed upon the total number of votes cast therein for all candidates for Governor at the last preceding general election at which a Governor was elected, praying for the election of a board of fifteen freeholders to prepare and propose a charter for said county, may be filed in the office of the county clerk. It shall be the duty of said county clerk, within twenty days after the filing of said petition, to examine the same, and to ascertain from the record of the registration of electors of the county, whether said petition is signed by the requisite number of qualified electors. If required by said clerk, the board of supervisors shall authorize him to employ persons specially to assist him in the work of examining such petition, and shall provide for their compensation. Upon the completion of such examination, said clerk shall forthwith attach to said petition his certificate, properly dated, showing the result thereof, and if, by said certificate, it shall appear that said petition is signed by the requisite number of qualified electors, said clerk shall immediately present said petition to the board of supervisors, if it be in session, otherwise at its next regular meeting after the date of such certificate. Upon the adoption of such ordinance, or the presentation of such petition, said board of supervisors shall order the holding of a special election for the purpose of electing such board of freeholders, which said special election shall be held not less than twenty days nor more than sixty days after the adoption of the ordinance aforesaid or the presentation of said petition to said board of supervisors; provided, that if a general election shall occur in said county not less than twenty days nor more than sixty days after the adoption of the ordinance aforesaid, or such presentation of said petition to said board of supervisors, said board of freeholders may be elected at such general election. Candidates for election as members of said board of freeholders shall be nominated by petition, substantially in the same manner as may be provided by general law for the nomination, by petition of electors, of candidates for county offices, to be voted for at general elections. It shall be the duty of said board of freeholders, within one hundred and twenty days after the result of such election shall have been declared by said board of supervisors, to prepare and propose a charter for said county, which shall be signed in duplicate by the members of said board of freeholders, or a majority of them, and be filed, one copy in the office of the county clerk of said county and the other in the office of the county recorder thereof. Said Board of Supervisors shall thereupon cause said proposed charter to be published for at least ten times in a daily newspaper of general circulation, printed, published and circulated in said county; provided, that in any county where no such daily newspaper is printed, published and circulated, such proposed charter shall be published for at least three times in at least one weekly newspaper, of general circulation, printed, published and circulated in such county; and provided, that in any county where neither such daily nor such weekly newspaper is printed, published and circulated, a copy of such proposed charter shall be posted by the county clerk in three public places in said county, and on or near the entrance to at least one public schoolhouse in each school district in said county, and the first publication or the posting of such proposed charter shall be made within fifteen days after the filing of a copy thereof, as aforesaid, in the office of the county clerk. Said proposed charter shall be submitted by said board of supervisors to the qualified electors of said county at a special election held not less than thirty days nor more than sixty days after the completion of such publication, or after such posting; provided, that if a general election shall occur in said county not less than thirty days nor more than sixty days after the completion of such publication, or after such posting, then such proposed charter may be so submitted at such general election. If a majority of said qualified electors, voting thereon at such general or special election, shall vote in favor of such proposed charter, it shall be deemed to be ratified, and shall be forthwith submitted to the Legislature, if it be in regular session, otherwise at its next regular session, or it may be submitted to the Legislature in extraordinary session, for its approval or rejection as a whole, without power of alteration or amendment. Such approval may be made by concurrent resolution, and if approved by a majority vote of the members elected to each house, such charter shall become the charter of such county and shall become the organic law thereof relative to the matters therein provided, and supersede any existing charter framed under the provisions of this section, and all amendments thereof, and shall supersede all laws inconsistent with such charter relative to the matters provided in such charter. A copy of such charter, certified and authenticated by the chairman and clerk of the board of supervisors under the seal of said board and attested by the county clerk of said county, setting forth the submission of such charter to the electors of said county, and its ratification by them, shall, after the approval of such charter by the Legislature, be made in duplicate, and filed, one in the office of the Secretary of State and the other, after being recorded in the office of the recorder of said county, shall be filed in the office of the county clerk thereof, and thereafter all courts shall take judicial notice of said charter.
The charter, so ratified, may be amended by proposals therefor submitted by the board of supervisors of the county to the qualified electors thereof at a general or special election held not less than thirty days nor more than sixty days after the publication of such proposals for ten times in a daily newspaper of general circulation, printed, published and circulated in said county; provided, that in any county where no such daily newspaper is printed, published and circulated, such proposed charter shall be published for at least three times in at least one weekly newspaper, of general circulation, printed, published and circulated in such county; provided, that in any county where neither such daily nor such weekly newspaper is printed, published and circulated, a copy of such proposed charter shall be posted by the county clerk in three public places in said county, and on or near the entrance to at least one public schoolhouse in each school district in said county. If a majority of such qualified electors voting thereon, at such general or special election, shall vote in favor of any such proposed amendment or amendments, or any amendment or amendments proposed by petition as hereinafter provided, such amendment or amendments shall be deemed to be ratified, and shall be forthwith submitted to the Legislature, if it be in regular session, otherwise at its next regular session, or may be submitted to the Legislature in extraordinary session, for approval or rejection as a whole, without power of alteration or amendment, and if approved by the Legislature, as herein provided for the approval of the charter, such charter shall be amended accordingly. A copy of such amendment or amendments shall, after the approval thereof by the Legislature, be made in duplicate, and shall be authenticated, certified, recorded and filed as herein provided for the charter, and with like force and effect. Whenever a petition signed by ten per centum of the qualified electors of any county, computed upon the total number of votes cast in said county for all candidates for Governor at the last general election, at which a Governor was elected, is filed in the office of the county clerk of said county, petitioning the board of supervisors thereof to submit any proposed amendment or amendments to the charter of such county, which amendment or amendments shall be set forth in full in such petition, to the qualified electors thereof, such petition shall forthwith be examined and certified by the county clerk, and if signed by the requisite number of qualified electors of such county, shall be presented to the said board of supervisors, by the said county clerk, as hereinbefore provided for petitions for the election of boards of freeholders. Upon the presentation of said petition to said board of supervisors, said board must submit the amendment or amendments set forth therein to the qualified electors of said county at a general or special election held not less than thirty days nor more than sixty days after the publication or posting of such proposed amendment or amendments in the same manner as hereinbefore provided in the case of the submission of any proposed amendment or amendments to such charter, proposed and submitted by the board of supervisors. In submitting any such charter, or amendments thereto, any alternative article or proposition may be presented for the choice of the electors, and may be voted on separately without prejudice to others.
Every special election held under the provisions of this section, for the election of boards of freeholders or for the submission of proposed charters, or any amendment or amendments thereto, shall be called by the board of supervisors, by ordinance, which shall specify the purpose and time of such election and shall establish the election precincts and designate the polling places therein, and the names of the election officers for each such precinct. Such ordinance, prior to such election, shall be published five times in a daily newspaper, or twice in a weekly newspaper, if there be no such daily newspaper, printed, published and circulated in said county; provided, that if no such daily or weekly newspaper be printed or published in such county, then a copy of such ordinances shall be posted by the county clerk in three public places in such county and in or near the entrance to at least one public schoolhouse in each school district therein. In all other respects, every such election shall be held and conducted, the returns thereof canvassed and the result thereof declared by the board of supervisors in the same manner as provided by law for general elections. Whenever boards of freeholders shall be elected, or any such proposed charter, or amendment or amendments thereto, submitted, at a general election, the general laws applicable to the election of county officers and the submission of propositions to the vote of electors, shall be followed in so far as the same may be applicable thereto.
It shall be competent, in all charters, framed under the authority given by this section to provide, in addition to any other provisions allowable by this constitution, and the same shall provide, for the following matters:
1. For boards of supervisors and for the constitution, regulation and government thereof, for the times at which and the terms for which the members of said board shall be elected, for the number of members, not less than three, that shall constitute such boards, for their compensation and for their election, either by the electors of the counties at large or by districts; provided, that in any event said board shall consist of one member for each district, who must be a qualified elector thereof; and
2. For sheriffs, county clerks, treasurers, recorders, license collectors, tax collectors, public administrators, coroners, surveyors, district attorneys, auditors, assessors and superintendents of schools, for the election or appointment of said officers, or any of them, for the times at which and the terms for which, said officers shall be elected or appointed, and for their compensation, or for the fixing of such compensation by boards of supervisors, and, if appointed, for the manner of their appointment; and
3. For the number of justices of the peace and constables for each township, or for the number of such judges and other officers of such inferior courts as may be provided by the Constitution or general law, for the election or appointment of said officers, for the times at which and the terms for which said officers shall be elected or appointed, and for their compensations, or for the fixing of such compensation by boards of supervisors, and if appointed, for the manner of their appointment; and
4. For the powers and duties of boards of supervisors and all other county officers, for their removal and for the consolidation and segregation of county offices, and for the manner of filling all vacancies occurring therein; provided, that the provisions of such charters relating to the powers and duties of boards of supervisors and all other county officers shall be subject to and controlled by general laws; and
4½. For the assumption and discharge by county officers of certain of the municipal functions of the cities and towns within the county, whenever, in the case of cities and towns incorporated under general laws, the discharge by county officers of such municipal functions is authorized by general law, or whenever, in the case of cities and towns organized under section eight of this article, the discharge by county officers of such municipal functions is authorized by provisions of the charters, or by amendments thereto, of such cities or towns.
5. For the fixing and regulation by boards of supervisors, by ordinance, of the appointment and number of assistants, deputies, clerks, attachés and other persons to be employed, from time to time, in the several offices of the county, and for the prescribing and regulating by such boards of the powers, duties, qualifications and compensation of such persons, the times at which, and terms for which they shall be appointed, and the manner of their appointment and removal; and
6. For the compensation of such fish and game wardens, probation and other officers as may be provided by general law, or for the fixing of such compensation by boards of supervisors.
All elective officers of counties, and of townships, of road districts and of highway construction divisions therein shall be nominated and elected in the manner provided by general laws for the nomination and election of such officers.
All charters framed under the authority given by this section, in addition to the matters herein above specified, may provide as follows:
For offices other than those required by the Constitution and laws of the State, or for the creation of any or all of such offices by boards of supervisors, for the election or appointment of persons to fill such offices, for the manner of such appointment, for the times at which and the terms for which such persons shall be so elected or appointed, and for their compensation, or for the fixing of such compensation by boards of supervisors.
For offices hereafter created by this constitution or by general law, for the election or appointment of persons to fill such offices, for the manner of such appointment, for the times at which and the terms for which such persons shall be so elected or appointed, and for their compensation, or for the fixing of such compensation by boards of supervisors.
For the formation, in such counties, of road districts for the care, maintenance, repair, inspection and supervision only of roads, highways and bridges; and for the formation, in such counties, of highway construction divisions for the construction only of roads, highways and bridges; for the inclusion in any such district or division, of the whole or any part of any incorporated city or town, upon ordinance passed by such incorporated city or town authorizing the same, and upon the assent to such inclusion by a majority of the qualified electors of such incorporated city or town, or portion thereof, proposed to be so included, at an election held for that purpose; for the organization, government, powers and jurisdiction of such districts and divisions, and for raising revenue therein, for such purposes, by taxation, upon the assent of a majority of the qualified electors of such districts or divisions, voting at an election to be held for that purpose; for the incurring of indebtedness therefor by such counties, districts or divisions for such purposes respectively, by the issuance and sale, by the counties, of bonds of such counties, districts or divisions, and the expenditure of the proceeds of the sale of such bonds, and for levying and collecting taxes against the property of the counties, districts or divisions, as the case may be, for the payment of the principal and interest of such indebtedness at maturity; provided, that any such indebtedness shall not be incurred without the assent of two thirds of the qualified electors of the county, district or division, as the case may be, voting at an election to be held for that purpose, nor unless before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also for a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same, and the procedure for voting, issuing and selling such bonds shall, except in so far as the same shall be prescribed in such charters, conform to general laws for the authorizing and incurring by counties of bonded indebtedness, so far as applicable; provided, further, that provisions in such charters for the construction, care, maintenance, repair, inspection and supervision of roads, highways and bridges for which aid from the State is granted, shall be subject to such regulations and conditions as may be imposed by the Legislature.
Whenever any county has framed and adopted a charter, and the same shall have been approved by the Legislature, as herein provided, the general laws adopted by the Legislature in pursuance of sections four and five of this article, shall, as to such county, be superseded by said charter as to matters for which, under this section it is competent to make provision in such charter, and for which provision is made therein, except as herein otherwise expressly provided; and except that any such charter shall not affect the tenure of office of the elective officers of the county, or of any district, township or division thereof, in office at the time such charter goes into effect, and such officers shall continue to hold their respective offices until the expiration of the term for which they shall have been elected, unless sooner removed in the manner provided by law.
The charter of any county, adopted under the authority of this section, may be surrendered and annulled with the assent of two thirds of the qualified electors of such county, voting at a special election, held for that purpose, and to be ordered and called by the board of supervisors of the county upon receiving a written petition, signed and certified as hereinabove provided for the purposes of the adoption of charters, requesting said board to submit the question of the surrender and annulment of such charter to the qualified electors of such county, and, in the event of the surrender and annulment of any such charter, such county shall thereafter be governed under general laws in force for the government of counties.
The provisions of this section shall not be applicable to any county that is consolidated with any city.
This paragraph was adopted as an amendment, Nov. 3, 1914.
APPENDIX B
THE LOS ANGELES COUNTY CHARTER
We the people of the County of Los Angeles, do ordain and establish for its government this
CHARTER
ARTICLE 1.
Name and Rights of the County
SEC. 1: The County of Los Angeles, as it now exists, is a body corporate and politic, and as such has all the powers specified by the constitution and laws of the State of California, and by this Charter, and such other powers as are necessarily implied.
SEC. 2: The powers mentioned in the preceding section can be exercised only by a Board of Supervisors, or by agents and officers acting under their authority or by authority of law or of this Charter.
SEC. 3: The corporate name shall be “County of Los Angeles,” which must be thus designated in all actions and proceedings touching its corporate rights, properties and duties. Its boundaries and county seat shall remain the same as they now are, until otherwise changed by law.
ARTICLE II.
Board of Supervisors
SEC. 4: The County of Los Angeles shall have a Board of Supervisors consisting of five members, each of whom must be an elector of the district which he represents, must reside therein during his incumbency, must have been such an elector for at least one year immediately preceding his election, and shall be elected by such district. Their terms of office shall be four years, each shall hold until his successor is elected and qualified, and they shall each receive a salary of $5000 per year payable monthly from the County Treasury. They shall devote all their time during business hours to the faithful service of the public.
SEC. 5: The County is hereby divided into five supervisor districts, the boundaries of which shall be and remain as they now are until otherwise changed as provided in this Charter.
SEC. 6: At the general election to be held in November, 1914, supervisors shall be elected from the First and Third Supervisor districts, whose terms shall begin at noon on the first Monday after the first day of January, 1915, and end at noon on the first Monday in December, 1918; provided, that each shall hold office until his successor is elected and qualified.
At the general election to be held in November, 1916, supervisors shall be elected from the Second, Fourth and Fifth districts, whose terms shall begin at noon on the first Monday after the first day of January, 1917, and end at noon on the first Monday in December, 1920; provided, that each shall hold office until his successor is elected and qualified.
At each general election after November, 1916, there shall be elected, either two or three supervisors, as the case may be, for terms of four years, beginning at noon on the first Monday in December next after their election, and ending at noon on the first Monday in December, four years thereafter.
SEC. 7: The Board of Supervisors may, by a two-thirds vote of its members, change the boundaries of any supervisor district. No such boundaries shall ever be so changed as to affect the incumbency in office of any supervisor. Any change in the boundaries of any supervisor district must be made within one year after a general election.
SEC. 8: Whenever a vacancy occurs in the Board of Supervisors the Governor shall fill such vacancy, and the appointee shall hold office until the election and qualification of his successor. In such case, a Supervisor shall be elected at the next general election, to fill the vacancy for the unexpired term, unless such term expires on the first Monday in December succeeding said election.
SEC. 9: The Board of Supervisors shall elect a Chairman, who shall preside at all meetings. In case of his absence or inability to act, the members present must, by an order entered of record, select one of their number to act as Chairman pro tem. Any member of the Board may administer oaths, when necessary in the performance of his official duties. A majority of the members shall constitute a quorum, and no act of the Board shall be valid or binding unless a majority of the members concur.
ARTICLE III.
General Powers of the Board of Supervisors
SEC. 10: The Board of Supervisors shall have all the jurisdiction and power which are now or which may hereafter be granted by the constitution and laws of the State of California or by this Charter.
SEC. 11: It shall be the duty of the Board of Supervisors:
(1) To appoint all county officers other than elective officers, and all officers, assistants, deputies, clerks, attachés and employees whose appointment is not provided for by this Charter. Except in the cases of appointees to the unclassified service, all appointments by the Board shall be from the eligible civil service list. The Board shall provide, by ordinance, for the compensation of elective officers and of its appointees, unless such compensation is otherwise fixed by this Charter.
(2) To provide, by ordinance, for the number of Justices of the Peace and Constables, to be elected and appointed, respectively, in each Township. The Board may also provide, by ordinance, for the number and fix the compensation, of such other judges and inferior officers of such inferior courts as are now, or may hereafter be, provided by the constitution or by general law.
(3) To provide, by ordinance, for the number of assistants, deputies, clerks, attachés and other persons to be employed from time to time in the several offices and institutions of the county, and for their compensation and the times at which they shall be appointed.
(4) To provide, by ordinance, for the creation of offices other than those required by the constitution and laws of the State, and for the appointment of persons to fill the same, and to fix their compensation.
(5) To require, if deemed expedient, any county or township officer, or employee, before or after entering upon the duties of his office, or service, to give bond for the faithful performance thereof, in such penal sum as may be fixed by the Board.
(6) To provide, publish and enforce, a complete code of rules, not inconsistent with general laws or this Charter, prescribing in detail the duties, and the systems of office and institutional management, accounts and reports for each of the offices, institutions and departments of the county.
ARTICLE IV.
County Officers Other Than Supervisors
SEC. 12: The elective county officers other than members of the Board of Supervisors shall be: Sheriff, District Attorney and Assessor.
SEC. 13: At the general election to be held in November, 1914, a District Attorney shall be elected, whose term shall begin at noon on the first Monday after the first day of January, 1915, and end at noon on the first Monday in December, 1916. At the same election a Sheriff and Assessor shall be elected, whose terms shall begin at the same time and end at noon on the first Monday in December, 1918. At the general election to be held in November, 1916, and every four years thereafter, a District Attorney shall be elected, whose term shall be four years, beginning at noon on the first Monday in December following his election and ending at noon on the first Monday in December four years thereafter. At the general election to be held in November, 1918, and every four years thereafter, a Sheriff and Assessor shall be elected, whose terms shall be four years, beginning at noon on the first Monday in December following their election, and ending at noon on the first Monday in December, four years thereafter. All elective county officers shall hold office until their successors are elected and qualified.
SEC. 14: The appointive county officers shall be:
Auditor. Board of Education, Members of. Board of Law Library Trustees, Members of. Civil Service Commission, Members of. Coroner. County Clerk. County Counsel. Fish and Game Warden. Health Officer. Horticultural Commissioner. License Collector. Live Stock Inspector. Probation Committee, Members of. Probation Officer. Public Administrator. Public Defender. Purchasing Agent. Recorder. Registrar of Voters. Road Commissioner. Superintendent of Charities. Superintendent of Schools. Surveyor. Tax Collector. Treasurer.
Such other officers as may hereafter be provided by law shall also be appointive.
The Tax Collector shall be ex-officio License Collector.
SEC. 15: All fees collected by any county officer, Board or Commission shall be paid into the County Treasury on the first Monday of each calendar month, together with a detailed statement of the same in writing, a duplicate copy of which shall be filed with the Auditor at the same time.
SEC. 16: Whenever a vacancy occurs in an elective county office other than a member of the Board of Supervisors, the Board shall fill such vacancy, and the appointee shall hold office until the election and qualification of his successor. In such case, there shall be elected at the next general election an officer to fill such vacancy for the unexpired term, unless such term expires on the first Monday in December succeeding said election.
ARTICLE V.
Township Officers
SEC. 17: The Board of Supervisors must provide, by ordinance, for not less than one Justice of the Peace and one Constable in each township, and may provide for more in townships where population and the business therein require a greater number; provided, that, until the Board shall so provide for such Justices of the Peace and Constables, the number of each thereof in each township shall continue as now or hereafter provided by law; provided, further, that if the Legislature shall hereafter, instead of the system of Courts of Justice of the Peace now established by law, substitute some other system of inferior courts, then and in that event, it shall not be compulsory upon the Board of Supervisors to provide any number for, and the Board may discontinue the existence of all Justices of the Peace in the several townships, if such discontinuance be allowed by law, and the Board may provide for such number of inferior Judges or Justices as may be necessary for the needs of the county under such substituted system.
SEC. 18: Justices of the Peace shall be nominated and elected at the times and in the manner and for the terms, now or hereafter provided by general law. Constables shall be appointed by the Sheriff from the eligible civil service list.
SEC. 19: The compensation of Justices of the Peace and of Constables shall be fixed by the Board of Supervisors, and must be by salary only, which need not be uniform for the several townships, nor proportionate to population therein. Their duties and qualifications shall be such as are now, or which may hereafter be prescribed by law, or by this Charter.
SEC. 20: All fees collected by any Justice of the Peace or Constable shall be paid into the County Treasury, on the first Monday of each calendar month, together with a detailed statement of the same in writing, a duplicate copy of which shall be filed with the Auditor at the same time. The fees to be so paid into the Treasury by each Constable shall include all fees charged and collected by him for service of any writ or process of any court or for any act or service done or rendered by him, or which he has power or which it is his duty to do or render, in his official capacity; and every Constable shall enter in the fee book kept by him all such fees charged and collected by him and pay the same into the County Treasury as above provided, without deduction for any such acts or services purporting or claimed to have been done or rendered by him as a private citizen.
ARTICLE VI.
Duties of Officers
SEC. 21: The County Counsel shall represent and advise the Board of Supervisors and all county, township and school district officers, in all matters and questions of law pertaining to their duties, and shall have exclusive charge and control of all civil actions and proceedings in which the county, or any officer thereof, is concerned or is a party. He shall also act as attorney for the Public Administrator in the matter of all estates in which such officer is executor, administrator with the will annexed, or administrator, and the County Counsel shall, in every such matter, collect the attorney’s fees allowed therein by law and pay the same into the County Treasury.
SEC. 22: The Superintendent of Charities shall be under the direction of the Board of Supervisors, and shall exercise a general supervision over, and enforce rules and regulations for the conduct and government of, the charitable institutions of the county. He shall perform such other duties as may be prescribed by the Board of Supervisors or by law.
SEC. 23: Upon request by the Defendant or upon order of the Court, the Public Defender shall defend, without expense to them, all persons who are not financially able to employ counsel and who are charged, in the Superior Court, with the commission of any contempt, misdemeanor, felony or other offense. He shall also, upon request, give counsel and advice to such persons, in and about any charge against them upon which he is conducting the defense, and he shall prosecute all appeals to a higher court or courts, of any person who has been convicted upon any such charge, where, in his opinion, such appeal will, or might reasonably be expected to, result in a reversal or modification of the judgment of conviction.
He shall also, upon request, prosecute actions for the collection of wages and of other demands of persons who are not financially able to employ counsel, in cases in which the sum involved does not exceed $100, and in which, in the judgment of the Public Defender, the claims urged are valid and enforceable in the courts.
He shall also, upon request, defend such persons in all civil litigation in which, in his judgment, they are being persecuted or unjustly harassed.
The costs in all actions in which the Public Defender shall appear under this section, whether for plaintiffs or for defendants, shall be paid from the County Treasury, at the times and in the manner required by law, or by rules of court, and under a system of demand, audit and payment, which shall be prescribed by the Board of Supervisors. It shall be the duty of the Public Defender, in all such litigation, to procure, if possible, in addition to general judgments in favor of the persons whom he shall represent therein, judgments for costs and attorney’s fees, where permissible, against the opponents of such persons, and collect and pay the same into the County Treasury.
SEC. 24: Subject to rules and regulations which shall be adopted by the Board of Supervisors, by ordinance, the Purchasing Agent shall be the buyer of furniture, fixtures, tools, supplies, materials or other articles of personal property for the county and for county, township and all other officers.
SEC. 25: Each county or township officer, Board or Commission shall have the powers and perform the duties now or hereafter prescribed by general law, and by this Charter, as to such officer, Board or Commission.
ARTICLE VII.
Road Department
SEC. 26: The Board of Supervisors may provide for the formation of road districts for the care, maintenance, repair and supervision of roads, highways and bridges; and for the formation of highway construction divisions for the construction of roads, highways and bridges; for the inclusion in any such district or division of the whole or any part of any incorporated city or town upon ordinance passed by such incorporated city or town authorizing the same, and upon the assent to such inclusion by a majority of the qualified electors of such incorporated city or town or portion thereof proposed to be so included at an election held for that purpose; for the organization, government, powers and jurisdiction of such district or division, for raising revenue therein for such purposes, by taxation, upon the assent of a majority of the qualified electors of such district or division, voting at an election held for that purpose; for the incurring of indebtedness therefor by the county, district or division for such purposes, respectively, by the issuance and sale, by the county, of bonds of the county, district or division, and the expenditure of the proceeds of the sale of such bonds, and for levying and collecting taxes against the property of the county, district or division, as the case may be, for the payment of the principal and interest of such indebtedness at maturity; provided that any such indebtedness shall not be incurred without the assent of two-thirds of the qualified electors of the county, district or division, as the case may be, voting at an election held for that purpose, nor unless before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also for a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same; and the procedure for voting, issuing and selling such bonds, except insofar as the same shall be otherwise prescribed in this Charter, shall conform to general laws for the authorizing and incurring of bonded indebtedness by counties so far as applicable; provided, further, that the construction, care, maintenance, repair and supervision of roads, highways and bridges for which aid from the state is granted shall be subject to such regulations and conditions as may be imposed by the Legislature.
SEC. 27: The Road Commissioner, subject to such rules and regulations as shall be prescribed by the Board of Supervisors, shall have direction and control over all work of construction, maintenance and repair of roads, highways and bridges, other than work done under contract, and it shall be his duty to examine and inspect contract work as the same progresses and to see that the same is properly performed, and when completed to file his written approval thereof with the Board of Supervisors. He shall also have the control and management of all county rock quarries and gravel pits, and of all other materials, property and instrumentalities necessary for and connected with the construction, maintenance and repair of roads, highways and bridges.
ARTICLE VIII.
Constabulary Department
SEC. 28: There is hereby created a Constabulary Department, consisting of the Sheriff and of all Constables, who are hereby made ex-officio Deputy Sheriffs.
SEC. 29: The Sheriff shall be the head of said Department, and shall so organize the same as to give the county efficient and effective police protection. Each Constable shall be subject to the orders of the Sheriff and must serve process within his township, or elsewhere, when requested, and he shall also perform all the duties required of him by law.
ARTICLE IX.
Civil Service
SEC. 30: On or before the first day of July, 1913, the Board of Supervisors shall appoint three persons as members of the Civil Service Commission, who shall so classify themselves as that one shall serve until the first Monday in December, 1915, at noon, one until the first Monday in December, 1917, at noon, and one until the first Monday in December, 1919, at noon. Before the first Monday in December of each alternate year after 1913, the Board of Supervisors shall appoint one person as the successor of the member of the Commission whose term shall then expire, to serve for six years. Any vacancy on the Commission shall be filled by the Board of Supervisors for the unexpired term. Each member of the Commission shall serve until his successor is appointed and qualified. Not more than one member shall be an adherent of the same political party. No member shall hold any other salaried county office, nor shall he have been, within the year next preceding his appointment, an active executive officer in any political organization. Each member shall have been a resident of the county for the five years next preceding his appointment, and his name shall be upon the state and county assessment rolls at the time thereof. The Board of Supervisors by a four-fifths vote of all the members may remove a member of the Commission during his term of office, but only upon stating in writing the reasons for such removal and allowing him an opportunity to be publicly heard in his own defense. The Commission shall elect one of its members president.
SEC. 31: Each member of the Commission shall receive a compensation of Ten Dollars for each meeting thereof attended by him, not to exceed five meetings in any calendar month. The Commission shall appoint and fix the compensation of a Chief Examiner, who shall also act as Secretary. This position shall be in the competitive class. The Commission may appoint and fix the compensation of such other subordinates as may be necessary.
SEC. 32: For the support of the work of the Commission, the Board of Supervisors shall annually levy and collect a tax on all taxable property in the county, at the rate of not less than one-half of one cent on each One Hundred Dollars of assessed valuation thereof. Any part of the tax so levied for any fiscal year not expended during such fiscal year, or required to defray expenses incurred during such year, shall on the first day of January next succeeding the end thereof, be placed in the general fund of the county.
SEC. 33: The Civil Service of the county is hereby divided into the unclassified and the classified service.
* * * * *
The unclassified service shall comprise:
(a) All officers elected by the people.
(b) In the office of the District Attorney: The Chief and one other deputy, one secretary, and three detectives; and special counsel and special detectives for temporary employment.
(c) In the office of the Sheriff: The Under Sheriff, or Chief Deputy. In the office of the Assessor: The Chief Deputy.
(d) Superintendents, principals and teachers in the school system.
(e) Members of the County Board of Education.
(f) Members of the Civil Service Commission.
(g) All officers and other persons serving the county without compensation.
The classified service shall include all other positions now existing or hereafter created.
* * * * *
SEC. 34: The Commission shall prescribe, amend and enforce rules for the classified service, which shall have the force and effect of law; shall keep minutes of its proceedings and records of its examinations and shall, as a Board or through a single Commissioner, make investigations concerning the enforcement and effect of this Article and of the rules and efficiency of the service. It shall make an annual report to the Board of Supervisors.
* * * * *
The rules shall provide:
(1) For the classification of all positions in the classified service.
(2) For open, competitive examinations to test the relative fitness of applicants for such positions.
(3) For public advertisement of all examinations.
(4) For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing in examination. Such lists shall remain in force not longer than two years.
(5) For the rejection of candidates or eligibles who fail to comply with the reasonable requirements of the Commission in regard to age, residence, sex, physical condition or who have been guilty of crime or of infamous or disgraceful conduct or who have attempted any deception or fraud in connection with an examination.
(6) For the appointment of one of the three persons standing highest on the appropriate list.
(7) For a period of probation not to exceed six months before appointment or promotion is made complete, during which period a probationer may be discharged or reduced with the consent of the Commission.
(8) For non-competitive examinations for minor positions in the county institutions when competition is found to be impracticable.
(9) For temporary employment of persons on the eligible list until list of the class covering the temporary employment is exhausted; and in cases of emergency, for temporary employment without examination, with the consent of the Commission, after the eligible list has been exhausted. But no such temporary employment shall continue longer than sixty days, nor shall successive temporary appointments be allowed. Nor shall the acceptance or refusal to accept such temporary appointment on the part of a person on the eligible list be a bar to appointment to a permanent position from said eligible list.
(10) For transfer from one position to a similar position in the same class and grade and for reinstatement within one year of persons who without fault or delinquency on their part are separated from the service or reduced.
(11) For promotion based on competitive examination and records of efficiency, character, conduct and seniority. Lists shall be created and promotion made therefrom in the same manner as prescribed for original appointment. An advancement in rank or an increase in salary beyond the limit fixed for the grade by the rules shall constitute promotion. Whenever practicable, vacancies shall be filled by promotion.
(12) For suspensions for not longer than thirty days and for leaves of absence.
(13) For discharge or reduction in rank or compensation after appointment of promotion is complete, only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduction, specifically stated and has been allowed a reasonable time to reply thereto in writing. The reasons and the reply must be filed as a record with the Commission.
(14) For the appointment of unskilled laborers and such skilled laborers as the Commission may determine in the order of priority of application after such tests of fitness as the Commission may prescribe.
(15) For the establishment of a bureau of efficiency, consisting of the Commission, the Secretary thereof and the Auditor, for the purpose of determining the duties of each position in the classified service, fixing standards of efficiency, investigating the methods of operation of the various departments, and recommending to the Board of Supervisors and department heads measures for increasing individual, group and departmental efficiency, and providing for uniformity of competition and simplicity of operation. The Commission shall ascertain and record the comparative efficiency of employees in the classified service and shall have power, after hearing, to dismiss from the service those who fall below the standard of efficiency established.
(16) For the adoption and amendment of rules only after public notice and hearing.
The Commission shall adopt such other rules, not inconsistent with the foregoing provisions of this section, as may be necessary and proper for the enforcement of this Article.
SEC. 35: In case of a vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional or expert character, upon satisfactory evidence that competition is impracticable and that the position can best be filled by the selection of some designated person of recognized attainments, the Commission may, after public hearing and by the affirmative vote of all three members of the Commission, suspend competition, but no such suspension shall be general in its application to such positions, and all such cases of suspension shall be reported, together with the reason therefor, in the annual reports of the Commission.
SEC. 36: All examinations shall be impartial and shall deal with the duties and requirements of the position to be filled. When oral tests are used, a record of the examination, showing basis of rating, shall be made. Examinations shall be in charge of the chief examiner except when members of the commission act as examiners. The commission may call on other persons to draw up, conduct or mark examinations, and when such persons are connected with the county service it shall be deemed a part of their official duties to act as examiners without extra compensation.
SEC. 37: All persons in the county or township service holding positions in the classified service as established by this Article, at the time it takes effect, whether holding by election or by appointment, and who shall have been in such service for the six months next preceding shall hold their positions until discharged, reduced, promoted or transferred in accordance with the provisions of this Article. The Commission shall maintain a civil list of all persons in the county service, showing in connection with each name the position held, the date and character of every appointment and of every subsequent change in status. Each appointing officer shall promptly transmit to the Commission all information required for the establishment and maintenance of said civil list.
SEC. 38: The Auditor shall not approve any salary or compensation for services to any person holding or performing the duties of a position in the classified service, unless the payroll or account for such salary or compensation shall bear the certificate of the Commission that the persons named therein have been appointed or employed and are performing service in accordance with the provisions of this Article and of the rules established thereunder.
SEC. 39: Charges against any person in the classified service may be made to the Commission by any elector of the county, such charges to be in writing.
SEC. 40: In any investigation conducted by the Commission it shall have the power to subpœna and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and each Commissioner shall have the power to administer oaths to such witnesses.
SEC. 41: No person in the classified service, or seeking admission thereto, shall be appointed, reduced or removed or in any way favored or discriminated against because of his political or religious opinions or affiliations.
SEC. 42: No officer or employee of the county, in the classified service, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contribution for any political party or political purpose whatever. No person shall, orally or by letter, solicit, or be in any manner concerned in soliciting, any assessment, subscription or contribution for any political party or purpose whatever from any person holding a position in the classified service.
SEC. 43: No person holding a position in the classified service shall take any part in political management or affairs or in political campaigns further than to cast his vote and to express privately his opinions.
SEC. 44: Any person willfully violating any of the provisions of this Article or of the rules established thereunder, shall be guilty of a misdemeanor.
ARTICLE X.
Labor
SEC. 45: In the employment of persons in the service of the county, where sex does not actually disqualify and where the quality and quantity of service is equal, there shall be no discrimination in selection or compensation, on account of sex.
SEC. 46: Eight hours shall constitute a day’s work for mechanics and others engaged in manual labor in the service of the county.
SEC. 47: In fixing compensation to be paid to persons under the classified civil service, the Board of Supervisors shall, in each instance, provide a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons, firms or corporations under similar employment in case such prevailing salary or wage can be ascertained.
SEC. 48: Every person who shall have been in the service of the county, continuously, for one year, shall be allowed a vacation of two weeks on full pay, annually.
SEC. 49: The Board of Supervisors shall prohibit enforced labor without compensation as a penalty for the commission of public offenses. The net earnings of all county prisoners, based upon reasonable compensation for services performed, shall go to the support of their dependents, and if such prisoners have no dependents, such net earnings shall accumulate and be paid to them upon their discharge.
ARTICLE XI.
Recall
SEC. 50: The holder of any elective or appointive county or township office may be recalled by the electors at any time after he has held his office six months. The provisions of this Article shall apply to officials now in office, and to those hereafter elected or appointed. Such recall shall be affected as follows: A petition demanding the election or appointment of a successor to the person sought to be recalled shall be filed with the Registrar of Voters, which petition shall be signed by qualified voters equal in number to at least fifteen per cent. of the entire vote cast within the county for all candidates for the office of Governor of the state at the last preceding election at which a Governor was elected (or at least twenty-five per cent. of such vote cast within the district or township for which the officer sought to be recalled was elected or appointed, in case of an official not elected by or appointed for the county) and shall contain a statement of the grounds on which the recall is sought. No insufficiency of form or substance in such statement shall affect the validity of the election and proceedings held thereunder. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of occupation and residence, giving street and number or if no street or number exist, then such a designation of his residence as will enable the location to be readily ascertained. To each separate paper of such petition shall be attached an affidavit made by a qualified elector of the county, stating that the affiant circulated that particular paper and saw written the signatures appended thereto, and that, according to the information and belief of the affiant, each of said signatures is genuine, and the signature of a qualified elector of the county (or particular sub-division thereof in which such signers are hereby required to reside). Within ten days from the filing of such petition, the Registrar of Voters shall, from the records of registration, determine whether or not said petition is signed by the requisite number of qualified voters, and he shall attach to said petition his certificate showing such determination. If such certificate shows the petition to be insufficient, it may be supplemented within ten days from the date of the certificate by the filing of additional papers, duplicates of the original petition except as to the names signed. The Registrar of Voters shall, within ten days after such additional papers are filed, ascertain from the records of registration, and certify whether or not the names to such petition, including such additional papers, are still insufficient, and if insufficient, no action shall be taken thereon; but the petition shall remain on file as a public record. The failure to secure sufficient names shall not prejudice the filing later of an entirely new petition to the same effect. If required by the Registrar of Voters, the Board of Supervisors shall authorize him to employ, and shall provide for the compensation of, persons necessary in the examination of said petition and supplementing petition, in addition to the persons regularly employed by him in his office. In case the Registrar of Voters is the officer sought to be recalled, the duties in this Article provided to be performed by him shall be performed by the County Clerk. If the petition shall be found to be sufficient, the Registrar of Voters shall submit the same to the Board of Supervisors without delay, whereupon the Board shall forthwith cause a special election to be held not less than thirty-five nor more than forty days after the date of the order calling such an election, to determine whether the voters shall recall such officer. If a vacancy occur in said office after a recall petition is filed, and the office is elective, the election shall nevertheless proceed as in this section provided. One petition is sufficient to propose the recall of one or more officials and the election of successors to such thereof as are elective. Nominations for any elective office under such recall election shall be made by petition in the manner prescribed by
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