The elective County officers other than members of the Board of Supervisors shall be: Sheriff²⁸, District Attorney²⁹ and Assessor.³⁰

No person shall be elected and qualified for the office of Sheriff, District Attorney or Assessor if such a person has been elected or served in such office for three consecutive terms, commencing with a term of office which begins in December, 2002. The limitation on terms shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the terms is less than one-half of the full term of office.<sup>31

28</sup> See Gov. Code Secs. 26600-26749
²⁹ See Gov. Code Secs. 26500-26505.

It is the duty of the District Attorney of Los Angeles County to abate, when directed by the Board of Supervisors, that which constitutes a public nuisance with the Red Light Abatement Act (Stats. 1913, P. 20, Sec. 1-3, although the County Charter invests County Counsel with “exclusive charge and control of all civil actions and proceedings in which the County or any officer thereof is concerned or is a party.”) (Gov. Code Sec. 26528; Code Civ. Proc. 731.)

When a mandatory duty to abate a nuisance is imposed upon a District Attorney by a statute leaving him no discretion to exercise, mandamus is the proper remedy to compel him to institute proceedings. Board of Supervisors of Los Angeles County v. Simpson, as District Attorney, 36 Cal. (2d) 671, 227 P. (2d) 14 (1951).
³⁰ For duties of assessor see Chapter 8, consisting of Secs 27420 and 27421 of Part 3 of Division 2 of Title 3 of the Government Code, and 20811 of the Education Code. The latter Section was held valid in Board of Education v. Watson, 63 Cal. (2d) 829, 48 Cal. Rptr. 481, 409 P. (2d) 481 (1966).
Note, also, Section 3100.6 of the Government Code permitting the Board of Supervisors to contract with and employ legal counsel to assist the assessor in cases in which the County Counsel would have a conflict of interest.
³¹2002 Addition. Added by Stats. 2002, Charter Chapter No. 10.

At each general election at which the office of President appears on the ballot, 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 each general election at which the Governor is to be elected, 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.<sup>32

32</sup> This Section was controlled by a clause in Sec. 4 (former Sec. 71/2) of Art. XI of the Constitution providing:
“All elective officers of counties. . .shall be nominated and elected in the manner provided by general laws for the nomination and election of such officers.”
Hence this Section is partially superseded by Constitution Art. II, Sec. 23/4, enacted Nov. 2, 1926, and providing for the election of candidates for judicial, school, county, township, or other nonpartisan officers, who receive a majority on all ballots cast for candidates for such office at a primary election. Kerr v. Russell, 209 Cal. 36, 285 P. 311 (1930).
1984 amendment proposed by Board of Supervisors February 28, 1984, ratified at special election June 5, 1984, filed with Secretary of State August 9, 1984, and was given Charter Chapter No. 20.

The appointive County officers shall be:³³

Auditor³⁴
Board of Education,
Members of³⁵
Board of Law Library
Trustees, Members of³⁶
Civil Service Commission, Members of³⁷
Coroner³⁸
County Clerk³⁹
County Counsel⁴⁰
Fish and Game Warden⁴¹
Health Officer⁴²
Horticultural Commissioner⁴³
License Collector⁴⁴
Livestock Inspector⁴⁵
Probation Committee, Members of⁴⁶
Probation Officer⁴⁷
Public Administrator⁴⁸
Public Defender⁴⁹
Purchasing Agent⁵⁰
Recorder⁵¹
Registrar of Voters⁵²
Road Commissioner
Superintendent of Schools⁵³
Surveyor⁵⁴
Tax Collector⁵⁵
Treasurer⁵⁶
Director of Hospitals⁵⁷
Director of Public
Social Services⁵⁷
Director of Adoptions⁵⁷
Director of Personnel⁵⁷

Such other officers as may hereafter be provided by law shall also be appointive.⁵⁸

The treasurer shall be ex officio Tax Collector and License Collector.⁵⁹

The Coroner shall be a physician who is a certified pathologist.<sup>60

33</sup> An appointment to the office must be made by the Board of Supervisors from an eligible civil service list as required by Subdivision (1), Sec. 11 of Article III of this Charter. People v. McAleer, 33 Cal. App. 135, 164 P. 425 (1917).
³⁴ For duties, see Gov. Code Secs. 26900-26922, 29740-29749, 29803-29804.
³⁵ For general duties, see Education Code Secs. 651-652
³⁶ For duties, see Business and Professions Code Secs. 6300-6307
³⁷ For duties, see Gov. Code Secs. 31110-31113.
³⁸ For duties, See Gov. Code Secs. 27460-27531.
³⁹ For duties, see Gov. Code Secs. 26800-26806.

The County Clerk’s duty to certify a petition for election of freeholders is purely ministerial and he must certify the petition to the Board of Supervisors if the required number of qualified electors have signed the petition. Chester v. Hall, 55 Cal. App. 611, 204 P. 237 (1921).

The surety of the County Clerk was liable under the provisions of the bond for the dereliction of activities of the County Clerk when he was acting as ex officio clerk of the Superior Court. Union Bank & Trust Co. v. County of Los Angeles, 11 Cal. (2d) 675, 81 P. (2d) 919 (1938). (See Gov. Code Sec. 26800).

Where the County Clerk is ex officio the Clerk of the Board of Supervisors there is nothing which prohibits the separation of the two offices during the term for which the County Clerk is elected since the ex officio office attached to that of County Clerk at the time of election is not also an elected office, there is no reason why the administrative code of the County may not provide for segregation of the two offices and for appointment of the Clerk of the Board of Supervisors by the County executive. 22 Ops. Atty. Gen. 177 (1953).

In this County the County Clerk is not ex officio the Clerk of the Board of Supervisors. Government Code Sec. 25100.5 last amended by Stats. 1972 Chap. 326.
⁴⁰ For duties see Gov. Code Secs. 27640-27644, 26529, 3100.6, 31529; Health & Safety Code Sec. 34279.

The County Charter may properly provide for the powers and duties of its officers, and may do this without limitation by general law. Hence it may provide that the County Counsel shall act as attorney for its public administrator, who is a public officer exercising governmental functions. Estate of Miller, 5 Cal. (2d) 588, 55 P. (2d) 491 (1936).

See Note 23 supra.
⁴¹ For duties, see Fish and Game Code Secs. 878, 879.
⁴² For duties, see Health and Safety Code Secs. 491-493; Gov. Code Sec. 31530
⁴³ For duties, see Agricultural Code Secs. 2271-2281. Sec. 2322 of the former Political Code created the office of horticultural commissioner. When the 1933 Agricultural Code was adopted, Stats. 1933, Chap. 25 P. 60, Sec. 50 of the 1933 code changed the name to “Agricultural Commissioner.”
⁴⁴ “The Tax Collector is ex officio License-Collector, and as License-Collector shall collect all County licenses and perform the duties prescribed by law and by the ordinances of the Board of Supervisors.” Gov. Code Sec. 27400.
⁴⁵ For duties, see Agricultural Code, Secs. 2341-2344. Sec. 68 of the 1933 Agricultural Code prior to 1965 provided that a livestock inspector may be appointed by the Board of Supervisors. Sec. 24000 of the Government Code included a livestock inspector in its list of County officers. By Stats. 1965, Chap. 148, P. 1101 the Legislature substituted County veterinarian in both Secs. By inadvertence a later statute in that same session, Chapter 1271 P. 3145 restored “livestock inspector” in Sec. 24000 of the Government Code and that designation was retained when the Section was amended by Stats. 1971, Chap. 211, P. 275 at 276. By Stats. 1972, Chap. 618 Sec. 24000 again was amended to restore “County veterinarian.”
⁴⁶ For duties, see Welfare and Institutions Code Sec. 543
⁴⁷ For duties, see Welfare and Institutions Code Secs. 516, 580-585, 652-654.
Although probation officers are in a sense adjuncts or officers of the court, they are nevertheless, in a complete sense of the term, County officers. Gibson v. Civil Service Comm., 27 Ca. App. 396, 150 P. 78 (1915).
⁴⁸ For duties, see Probate Code Secs. 1140-1155, Gov. Code Secs. 27440-27443.

The Public Administrator is a public officer, performing a governmental function, and is entitled to the legal services of the attorney for the county, at least where the County Charter so provides. Estate of Miller, 5 Cal (2d) 588, 55 P. (2d) 491 (1936).

A public administrator is primarily a public officer performing essentially a governmental function, but when, by virtue of his office, he is appointed administrator of a particular estate, he becomes as to that estate the trustee of a private trust and is subject to the powers and duties of administrators generally, where there is no charter or statutory provision specially governing his action in discharge of his duties.

Prob. Code Sec. 902 applies to a public administrator in his administration of a private trust in absence of statutory or charter provision declaring otherwise and in making such contracts as provided for in Sec. 902 he acts not on behalf of the county but on behalf of the estate he is administering. Estate of McMillin v. Robinson, 46 Cal. (2d) 121, 292 P. (2d) 881 (1956).
⁴⁹ For duties, see Gov. Code. Secs. 27700-27711.

After the decision in Avan v. Municipal Court, 62 Cal. (2d) 630, 43 Cal. Rptr. 835, 401 P. (2d) 227 (1965) holding that the County must pay counsel assigned to defend defendants in cases triable in municipal and justice courts, including city public defenders, the Legislatures by Chapters 324, P. 1434, Statutes of 1965, amended Sec. 27706 of the Governmental Code to require a county public defender also to defend in cases triable in municipal and justice courts.

Note, also, Marks v. Superior Court, 245 Cal. App. (2d) 779, 54 Cal. Rptr. 169 (1966).
⁵⁰ For duties, see Gov. Code Secs. 25500-25508.
⁵¹ For duties, see Gov. Code Secs. 27200-27383.
⁵² For duties, see Elections Code Secs. 17, 280, 281, 283, 285-287, 1620-1624, 1628-1632.
⁵³ For duties, see Education Code Secs. 801-816.

Provision of a county charter framed under Sec. 4 (formerly Sec. 71/2) of Article XI of the Constitution, prescribing the duties of officers does not relate to the County Superintendent of Schools as this office is the constitutional office created by Sec. 3 of Article IX of the State Constitution. Under Sec. 4 (former Sec. 71/2) of this article, the charter may provide that the office be appointive despite Sec. 3 of the said Article IX which says that a superintendent of schools for each county shall be elected. Nielsen v. Richards, 69 Cal. App. 533, 232 P. 480 (1924).

Constitution Article IX, Sec. 3.1, authorizing the Legislature to fix salaries of county superintendents of schools supersedes not only former Sec. 5 of Article XI which, prior to its repeal in 1970, prohibited increase in compensation of a county officer during his term of office, but also a county charter provisions prohibiting such increase enacted under Article XI, Sec. 4 (former Sec. 71/2). Seidel v. Waring, 36 Cal. (2d) 149, 222 P. (2d) 669 (1950).
⁵⁴ For duties, see Gov. Code Secs. 27550-27564 and Sec. 242/3 infra. P. 27. In this County the County surveyor is known as County engineer.
⁵⁵ For duties, see Revenue and Taxation Code Sec. 2602, Gov. Code Secs. 27400-27401.
⁵⁶ For duties, see Gov. Code Secs. 27000-27121.

Quoting from Board of Law Library Trustee v. Lowery, 67, Cal. App. (2d) 480, 154 P. (2d) 719 (1945) the court said:

“Aside and separate from his duties as official treasurer for the county, the county treasurer, by legislative direction, is in effect ex officio treasurer for public bodies without treasurers of their own, including the superior court.” Ostly v. Saper, 147 Cal. App. (2d) 671, 305 P. 946 (1957).

⁵⁷ 1966 Addition. Added by Stats. 1967 Resolution Chap. 6.
⁵⁸ The Secretary of the Superior Court is an officer of the courts which are a part of the judicial system of the state. Such officer is not a county officer, attaché or employee, and is not so recognized by either the Charter or Constitution. Noel v. Lewis, 35 Cal. App. 658, 170 P. 857 (1917).
⁵⁹ 1934 Amendment. Amended by Stats. 1935, Chap. 31 P. 2440 at P. 2442.
⁶⁰ 1956 Amendment. Amended by Stats. 1957, Chap. 125, P. 4462 at P. 4464.

All fees collected by any County officer, board or commissioner 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.<sup>61

61</sup> Under this Section a sheriff whose compensation has been fixed pursuant to Sec. 11(1) of the Charter must pay all fees collected by him as sheriff to the County Treasury.
“Under the ordinance passed pursuant to charter provisions, the time of the sheriff consumed in the performance of his official duties belongs to the county, and his earnings in performance thereof, like those of any other employee, belong to the employer.” County of Los Angeles v. Cline, 37 Cal. App. 607, 174 P. 73 (1918).
Where the general law fixed the salary of an assessor and provided that he could keep for his own use four percent of the personal property taxes collected by him and where the county charter fixed a different salary and provided that the assessor should pay all fees and commissions into the county treasury; held the charter provisions prevailed. County of Tehama v. Winter. 56 Cal. App. 341, 205 P. 97 (1922).
Fees paid by the State to the County for work done by the County Director of Public Health and Sanitation as local registrar of vital statistics belong to the County under a charter Section providing that all fees “collected for the performance of official duties or otherwise” be paid into the County Treasury. Lesem v. Getty, 23 Cal. App. (2d) 57, 72 P. (2d) 183 (1937). Distinguishing: Sacramento v. Simmons, 66 Cal. App. 18 225 P. 36 (1924), holding the fees paid to a commissioner of the City of Sacramento who was also head of the Department of Public Health and Safety for such city for acting as registrar of vital statistics could not be recovered from him by the city under a provision of the city charter reading:
“All public moneys collected by any officer or employee of the city shall be paid into the city treasury, without any deduction on account of any claim for fees, commissions or any other cause or pretense.”

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.<sup>62

62</sup> The unexpired term of a district attorney who resigned from such office is to be filled by election at the first general election which occurs following the vacancy for which election candidates could qualify under any method prescribed by law, and the fact that the vacancy did not occur until after the primary election is immaterial when considered in the light of the language of the charter. Hedlund v. Davis, 47 Cal. (2d) 75, 301 P. (2d) 843 (1956).