What the heck is a ‘charter county’ anyway? And what would a charter do for SLO County?

The county Board of Supervisors is contemplating a big step: Pursuing a charter that would allow the county to set some of its own rules, rather than follow the state’s one-size-fits-all regulations.

Ultimately, though, it will be up to countywide voters to decide whether to join the ranks of California’s charter counties — a question that could be on the November ballot. Currently, about a quarter of the state counties have charters.

That’s still a ways out, so there’s plenty of time to get up to speed on what this charter process is all about. To help, we’ve put together a list of FAQs:

Exactly what is a charter?

A charter is a document that enables counties and cities to exercise a measure of “home rule” by allowing them to deviate from state law on certain matters.

How long have county charters been around in California?

In 1911, California voters approved a measure allowing counties to adopt charters. Los Angeles County — one of the first out of the gate, adopted a charter in 1912.

How is a charter enacted? A new charter may be proposed by a Board of Supervisors, a charter commission or by voters through an initiative petition. It then goes to a countywide vote. A simple majority is required for passage.

What can be covered in a county charter?

According to the California Constitution, a county charter can cover the compensation, terms and removal from office of members of the Board of Supervisors, the sheriff, district attorney, assessor and other countywide offices; the powers and duties of those elected officials; the consolidation of offices; and the appointment and number of assistants, clerks, deputies, etc., of personnel who assist those officials.

That sounds narrow indeed, but in reality charters have been used for a variety of purposes: to set term limits for supervisors; to spell out how salaries for certain county employees are determined; to establish special commissions, such as law enforcement review boards; even to protect groundwater. (Tehama County’s charter forbids “any extraction of groundwater from lands within the County of Tehama for off-parcel use.”)

OK, so what can’t be included in a charter?

According to the California State Association of Counties (CSAC), the charter “does not give county officials extra authority over local regulations, revenue-raising abilities, budgetary decisions, or intergovernmental relations.”

Has that been tested?

Many times. For instance, In 2020, Los Angeles County voters approved a charter amendment, Measure J, that would have mandated funding of social services and criminal justice reform programs, such as jail diversion. It was interpreted by some as a “defund the police” move and was challenged in court. Last year, a judge ruled the measure unconstitutional because it took funding decisions “out of the hands of current and elected boards.”

How many California counties have charters?

According to CSAC, there are 14 charter counties: Alameda, Butte, El Dorado, Fresno, Los Angeles, Orange, Placer, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Clara and Tehama.

The remaining counties are general law counties, meaning they follow state rules for elections, filling vacancies, etc.

Can charters be changed?

Absolutely, but it’s a process. Revisions to a charter, including amendments and repeal, can be proposed by a majority vote of the Board of Supervisors or by 10% of qualified voters who cast ballots in the last gubernatorial election. The amendment or repeal is then put on the ballot at a general or special election.

Why is a charter being proposed for San Luis County?

The current majority on the Board of Supervisors supports a charter for just one purpose: To fill vacancies on the board and in countywide elective offices such as sheriff, district attorney and clerk/recorder by election, rather than appointment. In some cases, that would require calling a special election.

That sounds like a good thing. Are there drawbacks?

The League of Women Voters has raised some concerns. Turnout for special elections has historically been low. Also, since a vacancy election would not advance to a runoff between the top two candidates, there’s a strong possibility that a new supervisor or countywide official could be chosen by a small minority of voters. Expense is a factor as well; it could cost as much as $1 million to conduct a special election for a countywide office.

Also, under the current proposal, a special election would be called only if the next general election is more than a year away. In the meantime, the office would remain vacant, which means there’s the possibility that a supervisor’s seat could be empty for up to 12 months — a long time for district constituents to be without their supervisor.

What’s this talk about a redistricting commission?

There has been some support for including a section in the charter that would require an independent redistricting commission to take over the task of redrawing supervisor district boundaries, which happens every 10 years. However, three of the five current supervisors oppose such a change.

So what happens next?

The Board of Supervisors will consider the proposal again on May 17 and has until June 21 to put a county charter on the November ballot.