The San Bernardino County Board of Supervisors is set on Tuesday for the first reading of an ordinance to make a de facto amendment to the Charter of the County of San Bernardino. The Charter of the County of San Bernardino is the county equivalent of the Constitution of the United States and the Constitution of California, both of which were adopted through a vote of the people. As such, the law is very specific as to how it can be changed.
The truth of the matter is that according to Constitution of California any change to any county charter must be approved by the vote of the electorate. It CANNOT be made by ordinance as is being attempted by the San Bernardino County Board of Supervisors.
The Constitution of California, Article 11, Local Government, Sec. 3, states:
(a) For its own government, a county or city may adopt a charter by majority vote of its electors voting on the question. The charter is effective when filed with the Secretary of State. A charter may be amended, revised, or repealed in the same manner. A charter, amendment, revision, or repeal thereof shall be published in the official state statutes. County charters adopted pursuant to this section shall supersede any existing charter and all laws inconsistent therewith. The provisions of a charter are the law of the State and have the force and effect of legislative enactments.
We understand that the Board of Supervisors is enacting an ordinance, not enacting a change to the charter, but the effect is the same. They are changing a key element of the Charter of the County of San Bernardino. And they simply do not have authority to do so.
What the Board of Supervisors is proposing on Tuesday, REQUIRES a vote of the people. They choose, instead, to violate our right to vote on this change and ramrod its proposal through, hoping it flies under the radar of an uninterested electorate.

The Charter of the County of San Bernardino is very specific, and was enacted with that specificity in mind, as to the powers of the Chairman of the Board of Supervisors. From what we have been told, San Bernardino County is the only one of the state’s 58 counties to specify that the Chairman of the Board is the County’s Executive. It states in pertinent part [emphasis added]:
Duties of the Chairman of the Board
SECTION 5. The Chairman of the Board of Supervisors shall be the general executive agent of the Board. It shall be his duty, subject to regulation and control by the Board, to exercise general supervision over the official conduct of all County officers and officers of all districts and other subdivisions of the County charged with the assessment, collection, safekeeping, management, or disbursement of public revenue; also over all County institutions, buildings and property. He shall report to the Board from time to time with such recommendations as he shall deem proper. He shall devote his entire time during usual office hours to the duties of his office. He shall keep an office in the room or rooms where the Board usually meets, and shall be in attendance at such office during usual office hours, except when elsewhere engaged in the performance of his official duties.
The San Bernardino County Board of Supervisors is proposing to instead to transfer those powers over to the County Administrative Officer by ordinance rather than charter amendment as required by the Constitution of California.
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