25100. Unless otherwise provided by law, the county clerk is ex
officio clerk of the board of supervisors of his county.
25100.5. The board of supervisors of any county may provide by
ordinance that the clerk of the board of supervisors may be appointed
by the board in the same manner as other county officers are
appointed. In such counties, the county clerk is not ex officio clerk
of the board of supervisors.
The clerk of the board of supervisors shall perform those duties
prescribed by law for the county clerk as ex officio clerk of the
board of supervisors or for the clerk of the board of supervisors and
such additional duties as the board of supervisors shall prescribe
by ordinance. Such person may perform all the duties vested in the
county clerk other than those vested in the county clerk as registrar
of voters and may take acknowledgments and administer and certify
oaths in the performance of such person's official duties.
25101. The clerk of the board shall:
(a) Attend each session of the board of supervisors of his county
and attend committee meetings when requested so to do.
(b) Keep and enter in the minute book of the board a full and
complete record of the proceedings of the board at all regular and
special meetings, including the entry in full of all resolutions and
of all decisions on questions concerning the allowance of accounts.
The vote of each member on every question shall be recorded.
(c) Immediately after each meeting of the board, deliver to and
leave with the auditor all demands allowed for the payment of money.
(d) File and preserve, or dispose of pursuant to law, all
petitions, applications, and other papers and records deposited with
him.
(e) Authenticate with his signature and the seal of the board and
file each ordinance passed by the board.
25102. The board shall cause to be kept:
(a) Its minute book.
(b) An ordinance book.
(c) An "allowance book" in which shall be recorded all orders for
the allowance of money from the county treasury, to whom made, and on
what account. The orders shall be dated, numbered, and indexed
through each year. In any county using certified duplicate lists of
claims allowed, one list is the "allowance book" within the meaning
of this section. If the auditor in any county maintains an index of
claims allowed, the index required by this section may be dispensed
with. In lieu of recording in the allowance book, claims or
duplicates thereof may be filed with the clerk of the board, who
shall make an alphabetical index of the claims filed. In any county,
the board of supervisors by resolution may dispense with the
allowance book, in which event the warrant book filed with the county
auditor shall serve in place of both the allowance book and the
warrant book.
(d) A "warrant book" to be kept by the county auditor, in which
shall be entered, in the order of drawing, all warrants drawn on the
treasury, with their number and reference to the order on the minute
book, with the date, amount, on what account, and name of payee. In
any county using a list of claims allowed for an allowance book, the
list filed in the office of the auditor is the warrant book within
the meaning of this section.
25102.1. In lieu of entering resolutions in full in the minute
book, the clerk, with the approval of the board, may keep a
resolution book in which he shall enter all resolutions in full. In
such case, references in the minute book to resolutions may be made
by number and subject reference.
25103. The records and minutes of the board, acting in any
capacity, shall be signed by the chairperson and the clerk. The board
may by resolution authorize the use of a facsimile signature of the
chairperson of the board acting in any capacity, where the board sits
as the governing body, agency, or entity on all papers, documents,
or instruments requiring the signature of the chairperson of the
board, including all resolutions, orders, ordinances, contracts,
minutes, notices, deeds, leases, papers and records of the board
except that the original copy thereof, or the copy thereof filed in
the office of the clerk of the board, shall bear the personal
signature of the chairperson or shall have been delivered to him or
her, and those papers, documents, or instruments bearing the
facsimile signature shall be accorded the same force and effect as
though personally signed by the chairperson. A certificate by the
clerk that a copy of that document has been delivered to the
chairperson of the board shall be prima facie evidence of the
delivery.
If, in order to be recorded by the county recorder, the paper,
document, or instrument requires the acknowledgement or verification
of the person by whom it is executed, then it shall be recordable
when the clerk acknowledges his or her signature upon the certificate
which indicates that a copy of the paper, document, or instrument
has been delivered to the chairperson.
In the case of a public security or any instrument of payment, the
provisions of the Uniform Facsimile Signature of Public Officials
Act (Chapter 6 (commencing with Section 5500) of Division 6 of Title
1 of the Government Code) shall govern.
If the facsimile signature of the chairperson of the board of
supervisors is affixed to any document prior to November 23, 1970,
the document shall have the same force and effect from the time of
affixing as if the facsimile signature had been affixed after that
date.
25104. The books, records, and accounts of the board shall be kept
in the custody of the clerk and available for public inspection
during normal business hours.
25105. The board of supervisors may authorize the use of
photographs, microphotographs, electronic data processing records,
optical disks, or any other medium that is a trusted system and that
does not permit additions, deletions, or changes to the original
document, or photocopies of all records, books, and minutes of the
board.
(a) Each photograph, microphotograph, or photocopy shall be made
in a manner and on paper which will comply with Section 12168.7 for
recording of permanent records or nonpermanent records, whichever
applies. Every reproduction shall be deemed and considered an
original; a transcript, exemplification, or certified copy of any
reproduction shall be deemed and considered a transcript,
exemplification, or certified copy, as the case may be, of the
original. Each roll of microfilm shall be deemed and constitute a
book and shall be designated and numbered, and provision shall be
made for preserving, examining, and using it. A duplicate of each
roll of microfilm shall be made and kept in a safe and separate
place.
(b) Electronic data processing records, records recorded on
optical disk, and records recorded on any other medium shall comply
with Section 12168.7. A duplicate copy of any record reproduced in
compliance with Section 12168.7 for recording of permanent records or
nonpermanent records, whichever applies, shall be deemed an
original.
(c) In the event the authorization provided herein is granted, the
personal signatures required by Section 25103, if technically
feasible, may be reproduced by the authorized process, and the
reproduced signatures shall be deemed to satisfy the requirement of
Section 25103. If the documents are signed using a digital signature,
reproduced documents shall be considered authenticated if the
reproduced documents are created by a trusted system, as defined in
pertinent digital signature regulations.
25105.5. The clerk of the board of supervisors may, without
complying with any other provision of law, destroy records consisting
of claims against the county and claims against special districts
for which the board of supervisors is the governing body, whenever
the claims have been retained by the clerk for a period of not less
than five years after final action on the claim. The clerk of the
board of supervisors may destroy records consisting of assessment
appeal applications when five years have elapsed since the final
action on the application. The clerk may destroy the records three
years after the final action on the application, if the records
consisting of assessment appeal applications have been microfilmed,
microfiched, imaged, or otherwise preserved on a medium that provides
access to the documents, in accordance with Section 25105.
As used in this section "final action" means, in the case of an
assessment appeals application, the date of the final decision by the
assessment appeals board and, in the case of a claim, the date of
payment or settlement of the claim, or denial or approval of the
claim by or in behalf of the board of supervisors or by operation of
law, whichever occurs first, if there is no action pending involving
the application or claim.
25100. Unless otherwise provided by law, the county clerk is ex
officio clerk of the board of supervisors of his county.
25100.5. The board of supervisors of any county may provide by
ordinance that the clerk of the board of supervisors may be appointed
by the board in the same manner as other county officers are
appointed. In such counties, the county clerk is not ex officio clerk
of the board of supervisors.
The clerk of the board of supervisors shall perform those duties
prescribed by law for the county clerk as ex officio clerk of the
board of supervisors or for the clerk of the board of supervisors and
such additional duties as the board of supervisors shall prescribe
by ordinance. Such person may perform all the duties vested in the
county clerk other than those vested in the county clerk as registrar
of voters and may take acknowledgments and administer and certify
oaths in the performance of such person's official duties.
25101. The clerk of the board shall:
(a) Attend each session of the board of supervisors of his county
and attend committee meetings when requested so to do.
(b) Keep and enter in the minute book of the board a full and
complete record of the proceedings of the board at all regular and
special meetings, including the entry in full of all resolutions and
of all decisions on questions concerning the allowance of accounts.
The vote of each member on every question shall be recorded.
(c) Immediately after each meeting of the board, deliver to and
leave with the auditor all demands allowed for the payment of money.
(d) File and preserve, or dispose of pursuant to law, all
petitions, applications, and other papers and records deposited with
him.
(e) Authenticate with his signature and the seal of the board and
file each ordinance passed by the board.
25102. The board shall cause to be kept:
(a) Its minute book.
(b) An ordinance book.
(c) An "allowance book" in which shall be recorded all orders for
the allowance of money from the county treasury, to whom made, and on
what account. The orders shall be dated, numbered, and indexed
through each year. In any county using certified duplicate lists of
claims allowed, one list is the "allowance book" within the meaning
of this section. If the auditor in any county maintains an index of
claims allowed, the index required by this section may be dispensed
with. In lieu of recording in the allowance book, claims or
duplicates thereof may be filed with the clerk of the board, who
shall make an alphabetical index of the claims filed. In any county,
the board of supervisors by resolution may dispense with the
allowance book, in which event the warrant book filed with the county
auditor shall serve in place of both the allowance book and the
warrant book.
(d) A "warrant book" to be kept by the county auditor, in which
shall be entered, in the order of drawing, all warrants drawn on the
treasury, with their number and reference to the order on the minute
book, with the date, amount, on what account, and name of payee. In
any county using a list of claims allowed for an allowance book, the
list filed in the office of the auditor is the warrant book within
the meaning of this section.
25102.1. In lieu of entering resolutions in full in the minute
book, the clerk, with the approval of the board, may keep a
resolution book in which he shall enter all resolutions in full. In
such case, references in the minute book to resolutions may be made
by number and subject reference.
25103. The records and minutes of the board, acting in any
capacity, shall be signed by the chairperson and the clerk. The board
may by resolution authorize the use of a facsimile signature of the
chairperson of the board acting in any capacity, where the board sits
as the governing body, agency, or entity on all papers, documents,
or instruments requiring the signature of the chairperson of the
board, including all resolutions, orders, ordinances, contracts,
minutes, notices, deeds, leases, papers and records of the board
except that the original copy thereof, or the copy thereof filed in
the office of the clerk of the board, shall bear the personal
signature of the chairperson or shall have been delivered to him or
her, and those papers, documents, or instruments bearing the
facsimile signature shall be accorded the same force and effect as
though personally signed by the chairperson. A certificate by the
clerk that a copy of that document has been delivered to the
chairperson of the board shall be prima facie evidence of the
delivery.
If, in order to be recorded by the county recorder, the paper,
document, or instrument requires the acknowledgement or verification
of the person by whom it is executed, then it shall be recordable
when the clerk acknowledges his or her signature upon the certificate
which indicates that a copy of the paper, document, or instrument
has been delivered to the chairperson.
In the case of a public security or any instrument of payment, the
provisions of the Uniform Facsimile Signature of Public Officials
Act (Chapter 6 (commencing with Section 5500) of Division 6 of Title
1 of the Government Code) shall govern.
If the facsimile signature of the chairperson of the board of
supervisors is affixed to any document prior to November 23, 1970,
the document shall have the same force and effect from the time of
affixing as if the facsimile signature had been affixed after that
date.
25104. The books, records, and accounts of the board shall be kept
in the custody of the clerk and available for public inspection
during normal business hours.
25105. The board of supervisors may authorize the use of
photographs, microphotographs, electronic data processing records,
optical disks, or any other medium that is a trusted system and that
does not permit additions, deletions, or changes to the original
document, or photocopies of all records, books, and minutes of the
board.
(a) Each photograph, microphotograph, or photocopy shall be made
in a manner and on paper which will comply with Section 12168.7 for
recording of permanent records or nonpermanent records, whichever
applies. Every reproduction shall be deemed and considered an
original; a transcript, exemplification, or certified copy of any
reproduction shall be deemed and considered a transcript,
exemplification, or certified copy, as the case may be, of the
original. Each roll of microfilm shall be deemed and constitute a
book and shall be designated and numbered, and provision shall be
made for preserving, examining, and using it. A duplicate of each
roll of microfilm shall be made and kept in a safe and separate
place.
(b) Electronic data processing records, records recorded on
optical disk, and records recorded on any other medium shall comply
with Section 12168.7. A duplicate copy of any record reproduced in
compliance with Section 12168.7 for recording of permanent records or
nonpermanent records, whichever applies, shall be deemed an
original.
(c) In the event the authorization provided herein is granted, the
personal signatures required by Section 25103, if technically
feasible, may be reproduced by the authorized process, and the
reproduced signatures shall be deemed to satisfy the requirement of
Section 25103. If the documents are signed using a digital signature,
reproduced documents shall be considered authenticated if the
reproduced documents are created by a trusted system, as defined in
pertinent digital signature regulations.
25105.5. The clerk of the board of supervisors may, without
complying with any other provision of law, destroy records consisting
of claims against the county and claims against special districts
for which the board of supervisors is the governing body, whenever
the claims have been retained by the clerk for a period of not less
than five years after final action on the claim. The clerk of the
board of supervisors may destroy records consisting of assessment
appeal applications when five years have elapsed since the final
action on the application. The clerk may destroy the records three
years after the final action on the application, if the records
consisting of assessment appeal applications have been microfilmed,
microfiched, imaged, or otherwise preserved on a medium that provides
access to the documents, in accordance with Section 25105.
As used in this section "final action" means, in the case of an
assessment appeals application, the date of the final decision by the
assessment appeals board and, in the case of a claim, the date of
payment or settlement of the claim, or denial or approval of the
claim by or in behalf of the board of supervisors or by operation of
law, whichever occurs first, if there is no action pending involving
the application or claim.
25100. Unless otherwise provided by law, the county clerk is ex
officio clerk of the board of supervisors of his county.
25100.5. The board of supervisors of any county may provide by
ordinance that the clerk of the board of supervisors may be appointed
by the board in the same manner as other county officers are
appointed. In such counties, the county clerk is not ex officio clerk
of the board of supervisors.
The clerk of the board of supervisors shall perform those duties
prescribed by law for the county clerk as ex officio clerk of the
board of supervisors or for the clerk of the board of supervisors and
such additional duties as the board of supervisors shall prescribe
by ordinance. Such person may perform all the duties vested in the
county clerk other than those vested in the county clerk as registrar
of voters and may take acknowledgments and administer and certify
oaths in the performance of such person's official duties.
25101. The clerk of the board shall:
(a) Attend each session of the board of supervisors of his county
and attend committee meetings when requested so to do.
(b) Keep and enter in the minute book of the board a full and
complete record of the proceedings of the board at all regular and
special meetings, including the entry in full of all resolutions and
of all decisions on questions concerning the allowance of accounts.
The vote of each member on every question shall be recorded.
(c) Immediately after each meeting of the board, deliver to and
leave with the auditor all demands allowed for the payment of money.
(d) File and preserve, or dispose of pursuant to law, all
petitions, applications, and other papers and records deposited with
him.
(e) Authenticate with his signature and the seal of the board and
file each ordinance passed by the board.
25102. The board shall cause to be kept:
(a) Its minute book.
(b) An ordinance book.
(c) An "allowance book" in which shall be recorded all orders for
the allowance of money from the county treasury, to whom made, and on
what account. The orders shall be dated, numbered, and indexed
through each year. In any county using certified duplicate lists of
claims allowed, one list is the "allowance book" within the meaning
of this section. If the auditor in any county maintains an index of
claims allowed, the index required by this section may be dispensed
with. In lieu of recording in the allowance book, claims or
duplicates thereof may be filed with the clerk of the board, who
shall make an alphabetical index of the claims filed. In any county,
the board of supervisors by resolution may dispense with the
allowance book, in which event the warrant book filed with the county
auditor shall serve in place of both the allowance book and the
warrant book.
(d) A "warrant book" to be kept by the county auditor, in which
shall be entered, in the order of drawing, all warrants drawn on the
treasury, with their number and reference to the order on the minute
book, with the date, amount, on what account, and name of payee. In
any county using a list of claims allowed for an allowance book, the
list filed in the office of the auditor is the warrant book within
the meaning of this section.
25102.1. In lieu of entering resolutions in full in the minute
book, the clerk, with the approval of the board, may keep a
resolution book in which he shall enter all resolutions in full. In
such case, references in the minute book to resolutions may be made
by number and subject reference.
25103. The records and minutes of the board, acting in any
capacity, shall be signed by the chairperson and the clerk. The board
may by resolution authorize the use of a facsimile signature of the
chairperson of the board acting in any capacity, where the board sits
as the governing body, agency, or entity on all papers, documents,
or instruments requiring the signature of the chairperson of the
board, including all resolutions, orders, ordinances, contracts,
minutes, notices, deeds, leases, papers and records of the board
except that the original copy thereof, or the copy thereof filed in
the office of the clerk of the board, shall bear the personal
signature of the chairperson or shall have been delivered to him or
her, and those papers, documents, or instruments bearing the
facsimile signature shall be accorded the same force and effect as
though personally signed by the chairperson. A certificate by the
clerk that a copy of that document has been delivered to the
chairperson of the board shall be prima facie evidence of the
delivery.
If, in order to be recorded by the county recorder, the paper,
document, or instrument requires the acknowledgement or verification
of the person by whom it is executed, then it shall be recordable
when the clerk acknowledges his or her signature upon the certificate
which indicates that a copy of the paper, document, or instrument
has been delivered to the chairperson.
In the case of a public security or any instrument of payment, the
provisions of the Uniform Facsimile Signature of Public Officials
Act (Chapter 6 (commencing with Section 5500) of Division 6 of Title
1 of the Government Code) shall govern.
If the facsimile signature of the chairperson of the board of
supervisors is affixed to any document prior to November 23, 1970,
the document shall have the same force and effect from the time of
affixing as if the facsimile signature had been affixed after that
date.
25104. The books, records, and accounts of the board shall be kept
in the custody of the clerk and available for public inspection
during normal business hours.
25105. The board of supervisors may authorize the use of
photographs, microphotographs, electronic data processing records,
optical disks, or any other medium that is a trusted system and that
does not permit additions, deletions, or changes to the original
document, or photocopies of all records, books, and minutes of the
board.
(a) Each photograph, microphotograph, or photocopy shall be made
in a manner and on paper which will comply with Section 12168.7 for
recording of permanent records or nonpermanent records, whichever
applies. Every reproduction shall be deemed and considered an
original; a transcript, exemplification, or certified copy of any
reproduction shall be deemed and considered a transcript,
exemplification, or certified copy, as the case may be, of the
original. Each roll of microfilm shall be deemed and constitute a
book and shall be designated and numbered, and provision shall be
made for preserving, examining, and using it. A duplicate of each
roll of microfilm shall be made and kept in a safe and separate
place.
(b) Electronic data processing records, records recorded on
optical disk, and records recorded on any other medium shall comply
with Section 12168.7. A duplicate copy of any record reproduced in
compliance with Section 12168.7 for recording of permanent records or
nonpermanent records, whichever applies, shall be deemed an
original.
(c) In the event the authorization provided herein is granted, the
personal signatures required by Section 25103, if technically
feasible, may be reproduced by the authorized process, and the
reproduced signatures shall be deemed to satisfy the requirement of
Section 25103. If the documents are signed using a digital signature,
reproduced documents shall be considered authenticated if the
reproduced documents are created by a trusted system, as defined in
pertinent digital signature regulations.
25105.5. The clerk of the board of supervisors may, without
complying with any other provision of law, destroy records consisting
of claims against the county and claims against special districts
for which the board of supervisors is the governing body, whenever
the claims have been retained by the clerk for a period of not less
than five years after final action on the claim. The clerk of the
board of supervisors may destroy records consisting of assessment
appeal applications when five years have elapsed since the final
action on the application. The clerk may destroy the records three
years after the final action on the application, if the records
consisting of assessment appeal applications have been microfilmed,
microfiched, imaged, or otherwise preserved on a medium that provides
access to the documents, in accordance with Section 25105.
As used in this section "final action" means, in the case of an
assessment appeals application, the date of the final decision by the
assessment appeals board and, in the case of a claim, the date of
payment or settlement of the claim, or denial or approval of the
claim by or in behalf of the board of supervisors or by operation of
law, whichever occurs first, if there is no action pending involving
the application or claim.
