State Codes and Statutes

Statutes > California > Gov > 26638.1-26638.12

GOVERNMENT CODE
SECTION 26638.1-26638.12



26638.1.  This article shall apply only to a county of the eighth
class. It shall be known as the Sacramento County Court Services
Consolidation Act of 1985.


26638.2.  Notwithstanding any other provision of law, the Board of
Supervisors of the County of Sacramento may, by ordinance, abolish
the office of marshal of the municipal court and consolidate the
services and personnel of the Sacramento County Marshal's Department
into the Sacramento County Sheriff's Department.
   Upon the effective date of such a consolidation ordinance,
Sections 74194 and 74195 shall cease to be operative, and Sections
26638.3 to 26638.11, inclusive, shall become operative and shall
continue in full force and effect during the period of consolidation.




26638.3.  All persons who, immediately preceding the effective date
of abolition of the marshal's office and department, are assigned to
the marshal's department in management, administrative, supervisory,
peace officer, clerical, and other positions shall, on the effective
date of the abolition, be assigned to the sheriff's department in the
same class, or if such classes are not within the department, a
comparable class; and no probationary or permanent employee shall be
laid off as a result of implementation of the abolition and
consolidation. The discretion of the board of supervisors to lay off
as a result of the elimination or reduction in level of any service
delivered by the sheriff, whether caused by the board's decision to
underfund existing staffing or otherwise, shall not be impaired.
   Marshal's lieutenants shall be assigned to the class of sheriff's
lieutenant, and shall not be eligible to participate in a promotional
examination for the class of sheriff's captain for a period of one
year following the effective date of the abolition and consolidation.
Marshal's deputies performing bailiffing functions shall be assigned
to bailiffing functions for the superior and municipal courts for
five years following the effective date of the abolition and
consolidation. No provision of this section shall be deemed to
restrict the authority of the sheriff to discipline any employee in
accordance with county standards, procedures and limitations
otherwise applicable, and except as otherwise expressly provided
herein the discretion of the sheriff to assign, promote, direct, and
control employees formerly assigned to the marshal's department shall
not be deemed to be in any manner restricted by virtue of the
abolition or consolidation.



26638.4.  Notwithstanding the provisions of Sections 26603, 26608,
and 26665, or any other provision of law, the sheriff shall provide
to the superior court within the County of Sacramento all of the
following:
   (a) Notice and process services, including the service of summons,
subpoenas, warrants, and other civil and criminal process.
   (b) Court security services, including prisoner transportation
services, prisoner escort services, bailiff services, courthouse and
other court security services, and the execution of court orders and
bench warrants requiring the immediate presence in court of a
defendant or witness.


26638.5.  The sheriff shall provide, within the limits of the
resources at his or her disposal, notice and process and court
security services to the superior court of at least as high a quality
as were provided preceding the abolition and consolidation. The
sheriff shall designate a position assigned to the administration of
notice and process service as a court liaison officer whose duty it
shall be to advise and confer with the court respecting the quality
of notice and process services.



26638.6.  There is hereby created as a separate unit within the
sheriff's department a court security services unit, the functions of
which shall be to provide to the superior court within Sacramento
County prisoner transportation services, prisoner escort services,
court control, courthouse and other court building security, bailiff
services, and the execution of court orders and bench warrants
requiring the immediate presence in court of a defendant or witness.
All sheriff's personnel responsible for the delivery of these
services shall be assigned to the court security services unit. The
sheriff shall provide all security services to the court through that
unit.



26638.7.  The court security services unit shall be headed by a
chief deputy who reports directly to the sheriff through the
undersheriff, and whose administrative offices are situated at such
location as the presiding judge of the superior court may direct.
   The chief deputy shall be exempt from civil service, and shall not
be a member of the county's classified service. The chief deputy
shall be appointed by the sheriff from among Sacramento County
employees who are assigned to the sheriff's department, and who are
qualified peace officers. The person appointed chief deputy shall
serve in that office at the individual pleasures of the sheriff and
judges of the superior court. The chief deputy shall be subject to
release from that office at the will of either the sheriff, or the
judges of the superior court, as reflected by a majority vote of the
judges. A person released from the office of chief deputy shall be
returned to the highest salaried county class which that person
occupied preceding his or her appointment to the office of chief
deputy. The chief deputy, during the period he or she occupies that
office, shall be subject to suspension or dismissal from county
employment at the sole discretion of the sheriff, subject to those
county standards, procedures, and limitations as are applicable to
county employees within the classified service.
   Notwithstanding the provisions of the preceding paragraph, the
first occupant of the office of chief deputy shall be the person who
occupied the office of Sacramento County Marshal immediately
preceding the effective date of the abolition of that office and
consolidation. The first occupant shall be subject to release from
that office and suspension or dismissal from county employment in
accordance with the same terms, conditions, and procedures as are
prescribed above. In the event the first occupant of the office of
chief deputy is released from that office, he or she shall be
assigned, at the discretion of the sheriff, to any existing vacancy
in the classes of sheriff's captain, sheriff's lieutenant, sheriff's
sergeant or deputy sheriff, at a salary equal to that which he or she
was receiving immediately preceding the effective date of release
from the chief deputy office. Upon assignment to such a class, the
first occupant shall immediately acquire permanent civil service
status, and shall thereafter be subject to discipline or other
adverse employment action subject to the same regulations and
procedures as are applicable to other classified personnel occupying
the same class.
   The office of chief deputy, court security services, is created as
one whose principal function is to serve the superior court, and is
assigned solely for organizational purposes to the sheriff's
department in order to promote the efficient utilization of personnel
resources and preserve unity of command in the delivery of peace
officer services. The chief deputy is an employee of Sacramento
County for all purposes.



26638.8.  The sheriff, through the chief deputy, court security
services, shall prepare and present for approval by the superior
court, as expressed by a majority vote of the judges, written
policies prescribing procedures and methods for the adequate and
prompt delivery of court security services. The policies shall
contain such elements as the court may prescribe, including, but not
limited to:
   (a) The transportation of prisoners in a manner which assures
timely production at court hearings, within the limits of personnel
resources at the disposal of the chief deputy, court security
services.
   (b) The approval by individual superior court judges of the
identity of bailiffs assigned on a regular or continuing basis to the
courtrooms of those judges.
   (c) The organizational plan for the court security services unit
in relation to the allocation of staffing levels to various functions
of the court security services unit, within the limits of personnel
resources at the disposal of the chief deputy, court security
services, including the regular assignment of one bailiff to each
permanent sitting judge, commissioner and referee.
   (d) The filling with reasonable dispatch of positions which become
vacant due to employment termination, leave or incapacity; and, in
the event of vacancies caused by the long-term incapacity of a sworn
officer, that the sheriff make his or her best effort to assign the
vacant position elsewhere within the department in a manner which
makes available another sworn officer for court duties.
   (e) With the foregoing exceptions, the reservation of discretion
to the chief deputy, court security services, to assign, direct, and
control the personnel of his or her unit.
   Amendments of the policies shall be subject to advance approval by
the court in the same manner as the court approves the original
policies.



26638.9.  The superior court shall bring any complaints regarding
the sheriff's performance under this article and any written policies
adopted pursuant hereto to the attention of the sheriff, and shall
cooperate with the sheriff to resolve them. The court shall also
actively participate and cooperate in the preparation and
presentation of all budget requests for the court security services
unit. The budget for the unit shall be prescribed from year to year
by the board of supervisors through adoption of the annual budget.
During any budget year, the staffing for the unit may be adjusted
within budgeted resources and personnel classifications only with the
approval of the court under policies adopted pursuant to
subdivisions (c) and (d) of Section 26638.8.
   The sheriff shall not transfer or otherwise divert from the court
security services unit personnel or other resources allocated to that
unit by the annual final budget approved by the board of
supervisors, except on a temporary basis in the event of a sudden and
unforeseen emergency requiring the immediate commitment of
significant resources in relation to other functions performed by the
sheriff.
   That organization plan for the court security services unit and
the level of staffing and hours of staffing services prescribed
therein set forth in that document entitled "Sacramento County Court
Security Services Unit, Organization Plan," dated June 1, 1985, on
file with the clerk of the Board of Supervisors of the County of
Sacramento, shall, at minimum, be maintained during the 1985-86
fiscal year from and after the effective date of the abolition and
consolidation authorized by this article; and the levels of staffing
and hours of staffing services shall be subject to modification,
increase, or decrease by the board of supervisors in future fiscal
years.



26638.10.  In the event that the superior court concludes by
majority vote of its members that the sheriff has substantially
failed to comply with any term of this article or written policies
adopted hereunder, the court may request that the board of
supervisors form and fund an independent review team to review the
sheriff's compliance with this article or policies and report
thereon. The board shall form and fund such review. The review team
shall be selected by four persons who are the presiding judge of the
court, county executive, sheriff, and a disinterested member of the
public selected by the board.
   (a) The sheriff shall take all necessary reasonable steps to
remedy any violation of this article or policies adopted hereunder
found by the review team. The failure of the sheriff to take such
steps and violations of this article or policies adopted hereunder
shall be reviewable in an action brought by the court requesting
formation of the team under Section 1085 of the Code of Civil
Procedure.
   (b) Any findings by the review team relating to understaffing,
insufficient or inadequate facilities, insufficient or inadequate
equipment or appliances, or any other matter requiring as a remedy
the appropriation or expenditure of public funds by the board of
supervisors shall be advisory only, and shall not be enforceable by
mandate or any other judicial proceeding against the county or board
of supervisors.
   The provisions of this section shall not be deemed to constitute
an exclusive remedy, an administrative remedy which must be exhausted
or to otherwise bar any other remedy which may be available to the
court under this article or any other laws for a violation of the
provisions of this article or written policies adopted hereunder.




26638.11.  Neither this article nor any provision hereof, including
Section 26638.10, shall be deemed in any manner to limit or otherwise
impair the legal power vested by other laws in the superior court
within Sacramento County to secure proper provision of court-related
services.


26638.12.  (a) This article shall remain in effect only until
January 1, 2018, and as of that date is repealed unless a later
enacted statute, which is enacted before January 1, 2018, deletes or
extends that date.
   (b) The repeal of this article does not affect any right or
benefit to which a person was entitled on the date of repeal.


State Codes and Statutes

Statutes > California > Gov > 26638.1-26638.12

GOVERNMENT CODE
SECTION 26638.1-26638.12



26638.1.  This article shall apply only to a county of the eighth
class. It shall be known as the Sacramento County Court Services
Consolidation Act of 1985.


26638.2.  Notwithstanding any other provision of law, the Board of
Supervisors of the County of Sacramento may, by ordinance, abolish
the office of marshal of the municipal court and consolidate the
services and personnel of the Sacramento County Marshal's Department
into the Sacramento County Sheriff's Department.
   Upon the effective date of such a consolidation ordinance,
Sections 74194 and 74195 shall cease to be operative, and Sections
26638.3 to 26638.11, inclusive, shall become operative and shall
continue in full force and effect during the period of consolidation.




26638.3.  All persons who, immediately preceding the effective date
of abolition of the marshal's office and department, are assigned to
the marshal's department in management, administrative, supervisory,
peace officer, clerical, and other positions shall, on the effective
date of the abolition, be assigned to the sheriff's department in the
same class, or if such classes are not within the department, a
comparable class; and no probationary or permanent employee shall be
laid off as a result of implementation of the abolition and
consolidation. The discretion of the board of supervisors to lay off
as a result of the elimination or reduction in level of any service
delivered by the sheriff, whether caused by the board's decision to
underfund existing staffing or otherwise, shall not be impaired.
   Marshal's lieutenants shall be assigned to the class of sheriff's
lieutenant, and shall not be eligible to participate in a promotional
examination for the class of sheriff's captain for a period of one
year following the effective date of the abolition and consolidation.
Marshal's deputies performing bailiffing functions shall be assigned
to bailiffing functions for the superior and municipal courts for
five years following the effective date of the abolition and
consolidation. No provision of this section shall be deemed to
restrict the authority of the sheriff to discipline any employee in
accordance with county standards, procedures and limitations
otherwise applicable, and except as otherwise expressly provided
herein the discretion of the sheriff to assign, promote, direct, and
control employees formerly assigned to the marshal's department shall
not be deemed to be in any manner restricted by virtue of the
abolition or consolidation.



26638.4.  Notwithstanding the provisions of Sections 26603, 26608,
and 26665, or any other provision of law, the sheriff shall provide
to the superior court within the County of Sacramento all of the
following:
   (a) Notice and process services, including the service of summons,
subpoenas, warrants, and other civil and criminal process.
   (b) Court security services, including prisoner transportation
services, prisoner escort services, bailiff services, courthouse and
other court security services, and the execution of court orders and
bench warrants requiring the immediate presence in court of a
defendant or witness.


26638.5.  The sheriff shall provide, within the limits of the
resources at his or her disposal, notice and process and court
security services to the superior court of at least as high a quality
as were provided preceding the abolition and consolidation. The
sheriff shall designate a position assigned to the administration of
notice and process service as a court liaison officer whose duty it
shall be to advise and confer with the court respecting the quality
of notice and process services.



26638.6.  There is hereby created as a separate unit within the
sheriff's department a court security services unit, the functions of
which shall be to provide to the superior court within Sacramento
County prisoner transportation services, prisoner escort services,
court control, courthouse and other court building security, bailiff
services, and the execution of court orders and bench warrants
requiring the immediate presence in court of a defendant or witness.
All sheriff's personnel responsible for the delivery of these
services shall be assigned to the court security services unit. The
sheriff shall provide all security services to the court through that
unit.



26638.7.  The court security services unit shall be headed by a
chief deputy who reports directly to the sheriff through the
undersheriff, and whose administrative offices are situated at such
location as the presiding judge of the superior court may direct.
   The chief deputy shall be exempt from civil service, and shall not
be a member of the county's classified service. The chief deputy
shall be appointed by the sheriff from among Sacramento County
employees who are assigned to the sheriff's department, and who are
qualified peace officers. The person appointed chief deputy shall
serve in that office at the individual pleasures of the sheriff and
judges of the superior court. The chief deputy shall be subject to
release from that office at the will of either the sheriff, or the
judges of the superior court, as reflected by a majority vote of the
judges. A person released from the office of chief deputy shall be
returned to the highest salaried county class which that person
occupied preceding his or her appointment to the office of chief
deputy. The chief deputy, during the period he or she occupies that
office, shall be subject to suspension or dismissal from county
employment at the sole discretion of the sheriff, subject to those
county standards, procedures, and limitations as are applicable to
county employees within the classified service.
   Notwithstanding the provisions of the preceding paragraph, the
first occupant of the office of chief deputy shall be the person who
occupied the office of Sacramento County Marshal immediately
preceding the effective date of the abolition of that office and
consolidation. The first occupant shall be subject to release from
that office and suspension or dismissal from county employment in
accordance with the same terms, conditions, and procedures as are
prescribed above. In the event the first occupant of the office of
chief deputy is released from that office, he or she shall be
assigned, at the discretion of the sheriff, to any existing vacancy
in the classes of sheriff's captain, sheriff's lieutenant, sheriff's
sergeant or deputy sheriff, at a salary equal to that which he or she
was receiving immediately preceding the effective date of release
from the chief deputy office. Upon assignment to such a class, the
first occupant shall immediately acquire permanent civil service
status, and shall thereafter be subject to discipline or other
adverse employment action subject to the same regulations and
procedures as are applicable to other classified personnel occupying
the same class.
   The office of chief deputy, court security services, is created as
one whose principal function is to serve the superior court, and is
assigned solely for organizational purposes to the sheriff's
department in order to promote the efficient utilization of personnel
resources and preserve unity of command in the delivery of peace
officer services. The chief deputy is an employee of Sacramento
County for all purposes.



26638.8.  The sheriff, through the chief deputy, court security
services, shall prepare and present for approval by the superior
court, as expressed by a majority vote of the judges, written
policies prescribing procedures and methods for the adequate and
prompt delivery of court security services. The policies shall
contain such elements as the court may prescribe, including, but not
limited to:
   (a) The transportation of prisoners in a manner which assures
timely production at court hearings, within the limits of personnel
resources at the disposal of the chief deputy, court security
services.
   (b) The approval by individual superior court judges of the
identity of bailiffs assigned on a regular or continuing basis to the
courtrooms of those judges.
   (c) The organizational plan for the court security services unit
in relation to the allocation of staffing levels to various functions
of the court security services unit, within the limits of personnel
resources at the disposal of the chief deputy, court security
services, including the regular assignment of one bailiff to each
permanent sitting judge, commissioner and referee.
   (d) The filling with reasonable dispatch of positions which become
vacant due to employment termination, leave or incapacity; and, in
the event of vacancies caused by the long-term incapacity of a sworn
officer, that the sheriff make his or her best effort to assign the
vacant position elsewhere within the department in a manner which
makes available another sworn officer for court duties.
   (e) With the foregoing exceptions, the reservation of discretion
to the chief deputy, court security services, to assign, direct, and
control the personnel of his or her unit.
   Amendments of the policies shall be subject to advance approval by
the court in the same manner as the court approves the original
policies.



26638.9.  The superior court shall bring any complaints regarding
the sheriff's performance under this article and any written policies
adopted pursuant hereto to the attention of the sheriff, and shall
cooperate with the sheriff to resolve them. The court shall also
actively participate and cooperate in the preparation and
presentation of all budget requests for the court security services
unit. The budget for the unit shall be prescribed from year to year
by the board of supervisors through adoption of the annual budget.
During any budget year, the staffing for the unit may be adjusted
within budgeted resources and personnel classifications only with the
approval of the court under policies adopted pursuant to
subdivisions (c) and (d) of Section 26638.8.
   The sheriff shall not transfer or otherwise divert from the court
security services unit personnel or other resources allocated to that
unit by the annual final budget approved by the board of
supervisors, except on a temporary basis in the event of a sudden and
unforeseen emergency requiring the immediate commitment of
significant resources in relation to other functions performed by the
sheriff.
   That organization plan for the court security services unit and
the level of staffing and hours of staffing services prescribed
therein set forth in that document entitled "Sacramento County Court
Security Services Unit, Organization Plan," dated June 1, 1985, on
file with the clerk of the Board of Supervisors of the County of
Sacramento, shall, at minimum, be maintained during the 1985-86
fiscal year from and after the effective date of the abolition and
consolidation authorized by this article; and the levels of staffing
and hours of staffing services shall be subject to modification,
increase, or decrease by the board of supervisors in future fiscal
years.



26638.10.  In the event that the superior court concludes by
majority vote of its members that the sheriff has substantially
failed to comply with any term of this article or written policies
adopted hereunder, the court may request that the board of
supervisors form and fund an independent review team to review the
sheriff's compliance with this article or policies and report
thereon. The board shall form and fund such review. The review team
shall be selected by four persons who are the presiding judge of the
court, county executive, sheriff, and a disinterested member of the
public selected by the board.
   (a) The sheriff shall take all necessary reasonable steps to
remedy any violation of this article or policies adopted hereunder
found by the review team. The failure of the sheriff to take such
steps and violations of this article or policies adopted hereunder
shall be reviewable in an action brought by the court requesting
formation of the team under Section 1085 of the Code of Civil
Procedure.
   (b) Any findings by the review team relating to understaffing,
insufficient or inadequate facilities, insufficient or inadequate
equipment or appliances, or any other matter requiring as a remedy
the appropriation or expenditure of public funds by the board of
supervisors shall be advisory only, and shall not be enforceable by
mandate or any other judicial proceeding against the county or board
of supervisors.
   The provisions of this section shall not be deemed to constitute
an exclusive remedy, an administrative remedy which must be exhausted
or to otherwise bar any other remedy which may be available to the
court under this article or any other laws for a violation of the
provisions of this article or written policies adopted hereunder.




26638.11.  Neither this article nor any provision hereof, including
Section 26638.10, shall be deemed in any manner to limit or otherwise
impair the legal power vested by other laws in the superior court
within Sacramento County to secure proper provision of court-related
services.


26638.12.  (a) This article shall remain in effect only until
January 1, 2018, and as of that date is repealed unless a later
enacted statute, which is enacted before January 1, 2018, deletes or
extends that date.
   (b) The repeal of this article does not affect any right or
benefit to which a person was entitled on the date of repeal.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 26638.1-26638.12

GOVERNMENT CODE
SECTION 26638.1-26638.12



26638.1.  This article shall apply only to a county of the eighth
class. It shall be known as the Sacramento County Court Services
Consolidation Act of 1985.


26638.2.  Notwithstanding any other provision of law, the Board of
Supervisors of the County of Sacramento may, by ordinance, abolish
the office of marshal of the municipal court and consolidate the
services and personnel of the Sacramento County Marshal's Department
into the Sacramento County Sheriff's Department.
   Upon the effective date of such a consolidation ordinance,
Sections 74194 and 74195 shall cease to be operative, and Sections
26638.3 to 26638.11, inclusive, shall become operative and shall
continue in full force and effect during the period of consolidation.




26638.3.  All persons who, immediately preceding the effective date
of abolition of the marshal's office and department, are assigned to
the marshal's department in management, administrative, supervisory,
peace officer, clerical, and other positions shall, on the effective
date of the abolition, be assigned to the sheriff's department in the
same class, or if such classes are not within the department, a
comparable class; and no probationary or permanent employee shall be
laid off as a result of implementation of the abolition and
consolidation. The discretion of the board of supervisors to lay off
as a result of the elimination or reduction in level of any service
delivered by the sheriff, whether caused by the board's decision to
underfund existing staffing or otherwise, shall not be impaired.
   Marshal's lieutenants shall be assigned to the class of sheriff's
lieutenant, and shall not be eligible to participate in a promotional
examination for the class of sheriff's captain for a period of one
year following the effective date of the abolition and consolidation.
Marshal's deputies performing bailiffing functions shall be assigned
to bailiffing functions for the superior and municipal courts for
five years following the effective date of the abolition and
consolidation. No provision of this section shall be deemed to
restrict the authority of the sheriff to discipline any employee in
accordance with county standards, procedures and limitations
otherwise applicable, and except as otherwise expressly provided
herein the discretion of the sheriff to assign, promote, direct, and
control employees formerly assigned to the marshal's department shall
not be deemed to be in any manner restricted by virtue of the
abolition or consolidation.



26638.4.  Notwithstanding the provisions of Sections 26603, 26608,
and 26665, or any other provision of law, the sheriff shall provide
to the superior court within the County of Sacramento all of the
following:
   (a) Notice and process services, including the service of summons,
subpoenas, warrants, and other civil and criminal process.
   (b) Court security services, including prisoner transportation
services, prisoner escort services, bailiff services, courthouse and
other court security services, and the execution of court orders and
bench warrants requiring the immediate presence in court of a
defendant or witness.


26638.5.  The sheriff shall provide, within the limits of the
resources at his or her disposal, notice and process and court
security services to the superior court of at least as high a quality
as were provided preceding the abolition and consolidation. The
sheriff shall designate a position assigned to the administration of
notice and process service as a court liaison officer whose duty it
shall be to advise and confer with the court respecting the quality
of notice and process services.



26638.6.  There is hereby created as a separate unit within the
sheriff's department a court security services unit, the functions of
which shall be to provide to the superior court within Sacramento
County prisoner transportation services, prisoner escort services,
court control, courthouse and other court building security, bailiff
services, and the execution of court orders and bench warrants
requiring the immediate presence in court of a defendant or witness.
All sheriff's personnel responsible for the delivery of these
services shall be assigned to the court security services unit. The
sheriff shall provide all security services to the court through that
unit.



26638.7.  The court security services unit shall be headed by a
chief deputy who reports directly to the sheriff through the
undersheriff, and whose administrative offices are situated at such
location as the presiding judge of the superior court may direct.
   The chief deputy shall be exempt from civil service, and shall not
be a member of the county's classified service. The chief deputy
shall be appointed by the sheriff from among Sacramento County
employees who are assigned to the sheriff's department, and who are
qualified peace officers. The person appointed chief deputy shall
serve in that office at the individual pleasures of the sheriff and
judges of the superior court. The chief deputy shall be subject to
release from that office at the will of either the sheriff, or the
judges of the superior court, as reflected by a majority vote of the
judges. A person released from the office of chief deputy shall be
returned to the highest salaried county class which that person
occupied preceding his or her appointment to the office of chief
deputy. The chief deputy, during the period he or she occupies that
office, shall be subject to suspension or dismissal from county
employment at the sole discretion of the sheriff, subject to those
county standards, procedures, and limitations as are applicable to
county employees within the classified service.
   Notwithstanding the provisions of the preceding paragraph, the
first occupant of the office of chief deputy shall be the person who
occupied the office of Sacramento County Marshal immediately
preceding the effective date of the abolition of that office and
consolidation. The first occupant shall be subject to release from
that office and suspension or dismissal from county employment in
accordance with the same terms, conditions, and procedures as are
prescribed above. In the event the first occupant of the office of
chief deputy is released from that office, he or she shall be
assigned, at the discretion of the sheriff, to any existing vacancy
in the classes of sheriff's captain, sheriff's lieutenant, sheriff's
sergeant or deputy sheriff, at a salary equal to that which he or she
was receiving immediately preceding the effective date of release
from the chief deputy office. Upon assignment to such a class, the
first occupant shall immediately acquire permanent civil service
status, and shall thereafter be subject to discipline or other
adverse employment action subject to the same regulations and
procedures as are applicable to other classified personnel occupying
the same class.
   The office of chief deputy, court security services, is created as
one whose principal function is to serve the superior court, and is
assigned solely for organizational purposes to the sheriff's
department in order to promote the efficient utilization of personnel
resources and preserve unity of command in the delivery of peace
officer services. The chief deputy is an employee of Sacramento
County for all purposes.



26638.8.  The sheriff, through the chief deputy, court security
services, shall prepare and present for approval by the superior
court, as expressed by a majority vote of the judges, written
policies prescribing procedures and methods for the adequate and
prompt delivery of court security services. The policies shall
contain such elements as the court may prescribe, including, but not
limited to:
   (a) The transportation of prisoners in a manner which assures
timely production at court hearings, within the limits of personnel
resources at the disposal of the chief deputy, court security
services.
   (b) The approval by individual superior court judges of the
identity of bailiffs assigned on a regular or continuing basis to the
courtrooms of those judges.
   (c) The organizational plan for the court security services unit
in relation to the allocation of staffing levels to various functions
of the court security services unit, within the limits of personnel
resources at the disposal of the chief deputy, court security
services, including the regular assignment of one bailiff to each
permanent sitting judge, commissioner and referee.
   (d) The filling with reasonable dispatch of positions which become
vacant due to employment termination, leave or incapacity; and, in
the event of vacancies caused by the long-term incapacity of a sworn
officer, that the sheriff make his or her best effort to assign the
vacant position elsewhere within the department in a manner which
makes available another sworn officer for court duties.
   (e) With the foregoing exceptions, the reservation of discretion
to the chief deputy, court security services, to assign, direct, and
control the personnel of his or her unit.
   Amendments of the policies shall be subject to advance approval by
the court in the same manner as the court approves the original
policies.



26638.9.  The superior court shall bring any complaints regarding
the sheriff's performance under this article and any written policies
adopted pursuant hereto to the attention of the sheriff, and shall
cooperate with the sheriff to resolve them. The court shall also
actively participate and cooperate in the preparation and
presentation of all budget requests for the court security services
unit. The budget for the unit shall be prescribed from year to year
by the board of supervisors through adoption of the annual budget.
During any budget year, the staffing for the unit may be adjusted
within budgeted resources and personnel classifications only with the
approval of the court under policies adopted pursuant to
subdivisions (c) and (d) of Section 26638.8.
   The sheriff shall not transfer or otherwise divert from the court
security services unit personnel or other resources allocated to that
unit by the annual final budget approved by the board of
supervisors, except on a temporary basis in the event of a sudden and
unforeseen emergency requiring the immediate commitment of
significant resources in relation to other functions performed by the
sheriff.
   That organization plan for the court security services unit and
the level of staffing and hours of staffing services prescribed
therein set forth in that document entitled "Sacramento County Court
Security Services Unit, Organization Plan," dated June 1, 1985, on
file with the clerk of the Board of Supervisors of the County of
Sacramento, shall, at minimum, be maintained during the 1985-86
fiscal year from and after the effective date of the abolition and
consolidation authorized by this article; and the levels of staffing
and hours of staffing services shall be subject to modification,
increase, or decrease by the board of supervisors in future fiscal
years.



26638.10.  In the event that the superior court concludes by
majority vote of its members that the sheriff has substantially
failed to comply with any term of this article or written policies
adopted hereunder, the court may request that the board of
supervisors form and fund an independent review team to review the
sheriff's compliance with this article or policies and report
thereon. The board shall form and fund such review. The review team
shall be selected by four persons who are the presiding judge of the
court, county executive, sheriff, and a disinterested member of the
public selected by the board.
   (a) The sheriff shall take all necessary reasonable steps to
remedy any violation of this article or policies adopted hereunder
found by the review team. The failure of the sheriff to take such
steps and violations of this article or policies adopted hereunder
shall be reviewable in an action brought by the court requesting
formation of the team under Section 1085 of the Code of Civil
Procedure.
   (b) Any findings by the review team relating to understaffing,
insufficient or inadequate facilities, insufficient or inadequate
equipment or appliances, or any other matter requiring as a remedy
the appropriation or expenditure of public funds by the board of
supervisors shall be advisory only, and shall not be enforceable by
mandate or any other judicial proceeding against the county or board
of supervisors.
   The provisions of this section shall not be deemed to constitute
an exclusive remedy, an administrative remedy which must be exhausted
or to otherwise bar any other remedy which may be available to the
court under this article or any other laws for a violation of the
provisions of this article or written policies adopted hereunder.




26638.11.  Neither this article nor any provision hereof, including
Section 26638.10, shall be deemed in any manner to limit or otherwise
impair the legal power vested by other laws in the superior court
within Sacramento County to secure proper provision of court-related
services.


26638.12.  (a) This article shall remain in effect only until
January 1, 2018, and as of that date is repealed unless a later
enacted statute, which is enacted before January 1, 2018, deletes or
extends that date.
   (b) The repeal of this article does not affect any right or
benefit to which a person was entitled on the date of repeal.