San Bernardino County Measure Q November 6, 2012

By Michael Reiter, Attorney at Law

Voters in the County of San Bernardino are voting on two competing charter amendments.  The first, alphabetically is Measure Q, found below:


Measure Q amends Article VI, Section of 1 of the County of San Bernardino’s Charter, which currently reads:

SECTION 1. The annual salaries of elected County Officials, excepting that of Superintendent of County Schools and other than members of the Board of Supervisors, shall be set by, but shall never exceed, the average of the salaries paid corresponding officials in the following California Counties: Riverside, Kern, San Diego, Orange and Ventura. The salaries shall be computed each year on December 1 as follows: On December 1, 1985, 70% of the average, on December 1, 1986, 80% of the average, on December 1, 1987, 90% of the average, and on December 1, 1988, and thereafter, 100% of the average; provided, however, that on December 1, 1989, and each December 1 thereafter, regardless of the amount of increase in the average salaries from the other counties, no increase shall exceed 4% of the annual salary of the elected official unless submitted to and approved by the voters of the county at a county-wide election. Where no comparable offices exist in a majority of named counties, the salary of the office shall be adjusted by the average of the percentage adjustments of the other county officials governed by this section. No provision of this amendment shall provide retroactive benefits. No salary adjustment shall be made on December 1, 1985, for any elected official whose salary has been adjusted since November 7, 1978, but such salaries shall be adjusted thereafter in accordance with this section.

The annual salaries of members of the Board of Supervisors shall be set by, but shall never exceed, the average of the salaries paid members of the Board of Supervisors in the following California Counties:  Riverside, Orange, San Diego and Los Angeles.  Commencing December 1, 2006, the salaries of the members of the Board of Supervisors shall be 90% of the average of the representative Counties.  On December 1, 2007, the salaries of the members of the Board of Supervisors shall be 95% of the average of the representative Counties.  On December 1, 2008, and thereafter, salaries of the members of the Board of Supervisors shall be 100% of the average of the representative Counties.  The salaries shall be adjusted at such times as the representative Counties are adjusted. Commencing January 1, 2007, the Chair of the Board of Supervisors shall be paid a differential equal to 7.5% of the salary of a Board member in recognition of the additional duties of that office.

Here is a legislative version that I have created, taking the new text and the old text and making a strike-out version:

As you can see, this referendum takes the existing paragraph 2 of the Charter and makes it paragraph one, and makes changes to the existing language without making modifications to the original paragraph 1, now paragraph 2.

The changes to paragraph 1 are changing the term salary to compensation (and including salary and benefits), adding the word comparison before California Counties, and deleting Los Angeles as a comparison county.  It removes the language referring to the increases starting December 1, 206, and defines “compensation” to mean “all salary paid, and the amount of all benefits payable to the Board member or payable on behalf of the Board member, but compensation shall not include amounts a county is otherwise  legally obligated to pay to third parties, including but not limited to employer contributions to a defined benefit retirement system, Medicare, workers compensation or Social Security, and reimbursement for reasonable and necessary business expenses.”  It then gives a new method of recalculating compensation starting December 1, 2013, and states on that date that the maximum salary and benefits must be posted on the County website.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708
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About Michael Reiter, Attorney at Law
Michael Reiter is a Redlands, California-based lawyer, serving San Bernardino County and Riverside County in Southern California's Inland Empire. Michael Reiter is a lawyer practicing in the following fields of law: Municipal Law, Code Enforcement Law, Small Business Law and Real Estate Law. Michael Reiter practices in all the local courts, including San Bernardino Superior Court, Riverside Superior Court, and the United States District Court for the Central District of California. Michael Reiter was admitted to the California State Bar in 1998. Michael Reiter was Assistant City Attorney for the City of Redlands, a Deputy City Attorney for the City of San Bernardino, and Staff Attorney for Legal Aid Society of San Bernardino. Michael Reiter serves all of San Bernardino and Riverside County, Orange County, and Los Angeles County. Michael Reiter can be reached at (909) 296-6708, or by electronic mail at michael@michaelreiterlaw.com. 300 E. State St. #517 Redlands CA 92373-5235

One Response to San Bernardino County Measure Q November 6, 2012

  1. Pingback: Measure Q Proposed San Bernardino County Charter Amendment Initiative November 6, 2012 « Michael Reiter, Attorney at Law Blog

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