The board of supervisors shall supervise the official conduct of all county officers, and officers of all districts and other subdivisions of the county, and particularly insofar as the functions and duties of such county officers and officers of all districts and subdivisions of the county relate to the assessing, collecting, safekeeping, management, or disbursement of public funds. It shall see that they faithfully perform their duties, direct prosecutions for delinquencies, and when necessary, require them to renew their official bond, make reports and present their books and accounts for inspection.
This section shall not be construed to affect the independent and constitutionally and statutorily designated investigative and prosecutorial functions of the sheriff and district attorney of a county. The board of supervisors shall not obstruct the investigative function of the sheriff of the county nor shall it obstruct the investigative and prosecutorial function of the district attorney of a county.
Nothing contained herein shall be construed to limit the budgetary authority of the board of supervisors over the district attorney or sheriff.
Notes of Decisions
Venegas v. Cnty. of Los Angeles, 87 P.3d 1 (Cal. 2004).
· cites it 4× “) We observed in Pitts that, in contrast to the broad supervisory powers of the Attorney General over district attorneys, Government Code section 25303 bars county boards of supervisors from affecting or obstructing the district attorneys' investigative or prosecutorial…”
Thomas Goldstein v. City of Long Beach, 715 F.3d 750 (9th Cir. 2013).
· cites it 7× “Cal. Gov. Code § 25303 . As did the state in McMillian, the county board of supervisors “exercise[s] a general supervision over the” district attorney, and for most purposes, district attorneys are treated as “normal” county employees.”
Pitts v. Cnty. of Kern, 949 P.2d 920 (Cal. 1998).
· cites it 2× “1739 ]; Gov. Code, § 25303.) Moreover, "[w]hile the [board of supervisors] thus has no direct control over how the [district attorney] fulfills his law enforcement duty, the .”
Knoff v. City & Cnty. of San Francisco, 1 Cal. App. 3d 184 (Cal. Ct. App. 1969).
· cites it 4× “The second, saying in effect that public officers must respond to duty when reasonably called upon, recites another truism which requires no elaboration.”
Pac. Gas & Elec. Co. v. Cnty. of Stanislaus, 947 P.2d 291 (Cal. 1997).
· cites it 2× “(Gov. Code, § 25303.) In civil suits a county is ordinarily represented not by the district attorney but by county counsel ( id.”
Murray Weiner,plaintiff-Appellant v. San Diego Cnty., 210 F.3d 1025 (9th Cir. 2000).
“In addition, although California Government Code section 25303 authorizes a county through its Board of Supervisors to “supervise the district attorney’s official conduct and in particular his or her use of public funds,” that section precludes a county from obstructing “the…”
Streit v. Cnty. of Los Angeles, 236 F.3d 552 (9th Cir. 2001).
· cites it 2× “Code § 12560 (granting the Attorney General power over the sheriffs’ activities relevant to the “investigation or detection of crime”), with Cal. Gov.Code § 25303 (granting the county boards of supervisors broad fiscal and administrative powers for the management of the…”
Cnty. of Santa Barbara v. City of Santa Barbara, 59 Cal. App. 3d 364 (Cal. Ct. App. 1976).
· cites it 2× “Since the county assessor declined to respond to a request for his evaluation of county property, and since the county assessor is subject to supervision by the county board of supervisors (Gov.”
Hicks v. Bd. of Supervisors of Orange Cty., 69 Cal. App. 3d 228 (Cal. Ct. App. 1977).
“500-502); although the county board of supervisors has authority to supervise county officers in order to insure that they faithfully perform their duties (Gov. Code, § 25303), the board has no power to perform county officers’ statutory duties for them or direct the manner in…”
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