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County Structure and Powers

County Structure and Powers. John Nibbelin Office of the San Mateo County Counsel. What is a County?. Counties are political and geographic subdivisions of the State Largest subdivision of State having corporate power

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County Structure and Powers

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  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; they’re found in case law • Broad discretion and variation among counties • Blue Ribbon Task Force’s charge addresses County residents beyond those who the County is statutorily obligated to relieve and support

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