County Structure and Powers

1
County Structure and Powers

• John Nibbelin
• Office of the San Mateo County Counsel

2
What is a County?

• Counties are political and geographic
  subdivisions of the State
• Largest subdivision of State having corporate
  power
• Agents of State government subject to extensive
  State administrative supervision and regulation
• Exercise the powers of the State that are
  delegated
• Unless State Constitution provides otherwise,
  Legislature can delegate or withhold functions to
  counties as it sees fit
• Some local autonomy

3
County Powers

• Make and enforce local ordinances that do not
  conflict with general laws of the State
• Make contracts
• Sue or be sued
• Purchase and hold land
• Manage and dispose of property
• Levy and collect taxes authorized by law

4
Field of Operation of County Regulation

• Counties and cities within their boundaries are
  distinct legal entities
• Subject to important exceptions, counties
  generally legislate for unincorporated, as
  opposed to incorporated areas within the county
• Exception Public health officer

5
County Taxing Authority

• Counties can impose only those taxes,
  assessments, or fees which are provided for by
  the California Constitution and the State
  Legislature and which are approved by either
  simple or majority vote per Prop 218
• Utility user tax
• Business license tax
• Transient occupancy tax

6
County Obligations re Medically Indigent

• Counties obligated to relieve and support the
  incompetent, poor, or indigent where such persons
  not otherwise supported
• Counties must adopt standards of aid and care for
  the indigent and dependent poor within the county
• Standards of aid/care not set forth in statute
  theyre found in case law
• Broad discretion and variation among counties
• Blue Ribbon Task Forces charge addresses County
  residents beyond those who the County is
  statutorily obligated to relieve and support