SEC. 62.3. PUBLIC RECORDS -- LIST OF EMPLOYEE INFORMATION.

   The release to the public of lists of employee information, other than names, shall not be made by any County officer or employee without the express authorization of the appropriate appointing authority; provided, however, nothing in this section shall restrict the Auditor & Controller's authority to release employee information to recognized employee organizations which are authorized to utilize the County's payroll deduction system in accordance with the County's Labor Relations Ordinance and any other organization which is authorized by the Board of Supervisors to receive payroll deductions.

(Added by Ord. No. 4512 (N.S.), effective 6-26-75; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

SEC. 63. PUBLICATION OF REGULATORY LAWS.

Any officer, board, commission or the head of any office, department or institution of the County who administers regulatory laws established by County ordinance or by County ordinance and State law is authorized to cause such regulatory laws or extracts therefrom to be printed in convenient pamphlet form and sold to the public at cost, provided that the expenditure for such printing and the price at which the pamphlet is to be sold are first approved by the Board.

(Amended by Ord. No. 10711 (N.S.), effective 2-11-21)

SEC. 64. PROHIBITION ON USE OF ELECTRONIC SMOKING DEVICES IN AND AROUND COUNTY FACILITIES, COUNTY PUBLIC BUILDINGS AND OTHER LOCATIONS.

   (a)   Findings and Intent.

      (1)   Credible studies have demonstrated that there are health concerns regarding the use of electronic smoking devices by users of the devices and bystanders.

      (2)   The Centers for Disease Control and Prevention has reported that from 2011-2012, the use of electronic cigarettes by U.S. middle and high school students more than doubled.

      (3)   Despite the potential use of electronic smoking devices as an aid to quitting smoking, the products are not approved by the U.S. Food and Drug Administration (FDA) for smoking cessation or treatment of any health concerns. An analysis by the FDA found that e-cigarettes do contain carcinogens, including nitrosamines as well as toxic chemicals such as diethylene glycol. Although electronic smoking devices do not produce the same smoke as conventional tobacco product cigarettes, they do produce a cloud of vapors containing unknown substances and sometime produce unpleasant odors. The possible health effects of bystanders breathing or absorbing these vapors through their skin is unknown.

      (4)   Nicotine is contained in most electronic smoking devices. Nicotine is a highly addictive neurotoxin included in the Proposition 65 list of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity and is known to cause birth defects. Nicotine is a component of the emissions from electronic smoking devices containing nicotine and involuntarily exposes non-users to nicotine.

      (5)   Scientific studies and FDA testing demonstrated that the solutions in electronic smoking devices contained toxic chemicals and that labelling often misrepresented nicotine content contained in the devices.

      (6)   There are products approved by the FDA for smoking cessation. To date, scientific studies have not demonstrated the benefit of electronic smoking devices for smoking cessation and these devices are not approved by the FDA for smoking cessation.

      (7)   With certain exceptions, state law prohibits smoking inside an enclosed space at a place of employment.

      (8)   With certain exceptions, state law prohibits smoking inside public buildings or in an outdoor area within a minimum of 20 feet of a main exit, entrance, or operable window of a public building.

      (9)   The use of electronic smoking devices in locations where the smoking of tobacco is prohibited may cause confusion and uncertainty, and make it more difficult to enforce smoke free environments and other prohibitions on smoking tobacco.

      (10)   It is the intent of the County Board of Supervisors in enacting the Ordinance that adds this Section to the Administrative Code to provide for the public health, safety and welfare, by prohibiting the use of electronic smoking devices in locations where state law or regulation prohibits the use and smoking of tobacco products.

   (b)   Definitions. For purposes of this section:

   "Electronic smoking device" is defined as an electronic and/or battery operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the U.S. Food and Drug Administration for use in mitigation, treatment, or prevention of disease.

   "Enclosed space" is defined as set forth in state law, Labor Code section 6404.5 and includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building.

   "Place of employment" is defined as set forth in state law, Labor Code section 6404.5.

   "Public building" is defined as a building owned and occupied, or leased and occupied, by the County as set forth in Government Code section 7596.

   "Smoking" or "Smoke" for the purpose of this section is defined as the use of an electronic smoking device intended to emulate smoking, which permits a person to inhale vapors, mists or aerosol that may or may not contain nicotine.

   (c)   Prohibition on Use of Electronic Smoking Devices.

      (1)   Enclosed Spaces at County Places of Employment. No person shall engage in the smoking of an electronic smoking device in an enclosed space at a County place of employment. This prohibition shall include County owned and County leased property.

      (2)   County Public Buildings. No person shall engage in the smoking of an electronic smoking device inside a County public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a County public building.

      (3)   Other Locations Where Smoking Tobacco is Prohibited by State Statute or Regulation. No person shall engage in the smoking of an electronic smoking device in any other location where smoking tobacco is prohibited by any state statute or regulation.

   (d)   Violations and Enforcement. Any violation of the prohibitions set forth in subdivision (c) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This section shall be enforced in the same manner (1) as the state law prohibitions against the smoking of tobacco products contained in Labor Code section 6404.5, Government Code sections 7596-7598 and in the same manner as any other state law or regulation which prohibits the smoking of tobacco products; and (2) at the option of the County, as provided for in County Administrative Code section 81.6.

   (e)   Construction/Interpretation. This section shall in all respects be construed and interpreted in the same manner as the state law prohibitions against the smoking of tobacco products contained in Labor Code section 6404.5, Government Code sections 7596-7598 and in the same manner as any other state law or regulation which prohibits the smoking of tobacco products.

(Added by Ord. No. 10338 (N.S.), effective 6-19-14; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

SEC. 65. LOST OR ABANDONED PERSONAL PROPERTY.

   Unless otherwise provided by law, each board or commission and the administrative head of each office, department and institution of the County shall take charge of all personal property coming to them that has been abandoned or that has been lost and for which no owner can be found. Lost property other than money shall be held for a period of six months and turned over to the Purchasing Agent to be dealt with in accordance with law; money shall forthwith be deposited in the trust fund of the board or commission or office, department or institution, pending its withdrawal and disbursement as provided by law. Property known to be abandoned may be retained by and added to the inventory of the board or commission or office, department or institution having custody of the property, or it may be turned over to the Purchasing Agent and included in his salvage inventory for disposition as salvage. Lost property to which the County has obtained title in accordance with law shall be included in the Purchasing Agent's salvage inventory. Each board or commission or office, department, or institution of the County shall immediately notify the Auditor & Controller of abandoned property which has been retained for use by the County and lost property to which the County has obtained title in accordance with law. The Auditor & Controller shall record such property in the accounting records of the County at an appraised value determined by the Purchasing Agent as of the date of acquisition of title, and charge the property to the proper County officer.

(Amended by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 3745 (N.S.), effective 9-30-71; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Action by auditor on lost property claims, § 158; sale of unclaimed property in possession of the sheriff, § 440; excepted property, § 440.1.

SEC. 66. ACCEPTANCE OF GIFTS.

Unless otherwise provided herein only the Board of Supervisors may accept a gift of real or personal property to the County. The administrative head of each office, department and institution of the County and each County board and commission (hereinafter referred to collectively as “department head”) may receive on behalf of the County gifts, bequests and trusts of personal property (hereinafter referred to as “gifts”) for any purpose connected with or incidental to the board, commission, office, department or institution and may administer any trust declared or created for any such purpose in accordance with the terms of such trust. The acceptance of any such gifts, bequests of trust, except as hereinafter specified, shall be subject to ratification by the Board before the department head shall proceed to use, administer or expend the same.

In the event that any such gift, bequest or trust contains a negotiable instrument, such as stocks, CD‘s, promissory notes or other financial instruments, the Treasurer-Tax Collector is to be notified prior to filing the Board letter of acceptance of the gift.

In the following cases the head of a County department may accept on behalf of the County a gift of personal property not exceeding $5,000 in value and may proceed to expend, use or administer the same without ratification by the Board:

   (1)    Where acceptance of the gift imposes no obligation on the County, and no limitation or restriction on the use or expenditure of the gift is imposed. In such case if the accepted gift consists of cash it shall be deposited in the County's General Fund; if other than cash it shall be received and used by the department accepting it. If the gift constitutes a capital asset, the receiving department shall notify Auditor & Controller and add the capital asset to the inventory of the department. If the gift constitutes a negotiable instrument it shall be held by the Treasurer-Tax Collector.

   (2)    Where acceptance of the gift imposes no obligation on the County and the only limitation or restriction on its expenditure or use is that it be used to carry out the customary activities of the receiving department or some purpose incidental thereto. If such gift is cash it shall be deposited in an appropriate fund in the County treasury and used only for the purpose specified. If the gift constitutes a capital asset, the receiving department shall notify Auditor & Controller and add the capital asset to the inventory of the department. If the gift constitutes a negotiable instrument it shall be held by the Treasurer-Tax Collector.

   The receiving department head shall be responsible for acknowledging receipt of and thanking, on behalf of the Board, the donors for such gifts, and shall report to the Board all such gifts semi-annually.

   Title to all such property shall be taken in the name of the County and shall vest in the County. Upon acceptance of any gift by the Board or a department head, the department head shall immediately notify the Auditor & Controller of such acceptance and the Auditor & Controller shall make the necessary entries in the accounting or inventory records of the County at its appraised value as of the date of acquisition as determined by the receiving department or Department of General Services for real property, if other than money, and insure that the property which is the subject of such gift is charged to the proper County officer. The Treasurer-Tax Collector shall hold all negotiable instruments for the County.

(Amended by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 3137 (N.S.), adopted 11-21-67; amended by Ord. No. 7953 (N.S.), effective 9-5-91; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

Cross reference(s) -- Gifts of real property, § 73.

SEC. 66.1. SHERIFF'S ASSET FORFEITURE PROGRAM.

   (a)   BACKGROUND. Notwithstanding Section 66 of the County Administrative Code, this section establishes a Sheriff's Asset Forfeiture Program, whereby the Sheriff of San Diego County may receive seized assets transferred to him by Federal agencies as provided by the Comprehensive Crime Control Act of 1984 (21 U.S. Code Section 873 et seq.) and by the United States Attorney General's Guidelines on Seized and Forfeited Property (Paragraph III D.3.e). In addition, any moneys or tangible assets that may be received pursuant to the California Health and Safety Code Sections 11470-11493 will also be included in this program.

   Such assets are those which have been seized by law enforcement agencies during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the Sheriff as a result of participation in acts leading to a Federal or State Governmental seizure or forfeiture. These assets may include, but are not limited to, cash, real estate, motor vehicles, airplanes and boats. The Program's purpose shall be to provide an added incentive to the Sheriff's Department to join with Federal, State and other local law enforcement agencies to stem the rising tide of crime, especially illegal drug trafficking.

   (b)   FORFEITED CASH ASSETS. The moneys received by the Sheriff's Asset Forfeiture Program established by this section, the moneys received from the sale of any seized tangible assets, and any interest thereon (pursuant to Government Code Section 53647(b)) shall be deposited into the Sheriff's Asset Forfeiture Fund within the County Treasury and shall be used in conformity with the Comprehensive Crime Control Act of 1984 and the United States Department of Justice Guide to Equitable Sharing for State and Local Law Enforcement Agencies and California Health and Safety Code Section 11489. The Fund may be applied to payment of any liens or other costs of acquisition associated with the transfer of the forfeited noncash assets.

   (c)   FORFEITED NONCASH ASSETS. Title to all property received pursuant to this program shall be taken in the name of the County and shall vest in the County. Upon receipt of any transferred property, the Sheriff shall immediately notify the Auditor and Controller of the acquisition using forms prescribed by the Auditor and Controller. The Auditor and Controller shall make the necessary entries in the County's inventory or accounting records, using the property's fair market value on the date of acquisition, as determined by the Purchasing Agent. Actual custody of the property under this program shall be with the Sheriff. Whenever the Sheriff deems it necessary or expedient to sell forfeited noncash assets received, the provisions of Section 440 of this Code shall be followed, except that the proceeds, if any, shall be deposited in the Sheriff's Asset Forfeiture Fund.

   (d)   PROGRAM ACCOUNTABILITY. The Sheriff, in cooperation with the County Auditor and Controller, shall establish regular accounting and reporting procedures in connection with the Sheriff's Asset Forfeiture Program with strict accountability. A report shall be provided to the Auditor and Controller by the Sheriff, on at least an annual basis, detailing all moneys and tangible assets received, all deposits and disbursements, and such other information as the Auditor and Controller may require. The Sheriff shall establish an internal departmental Asset Forfeiture Program Review Panel to assist the Sheriff in the judicious operation of the program.

(Added by Ord. No. 7211 (N.S.), effective 10-30-86; amended by Ord. No. 7767 (N.S.), effective 7-12-90; amended by Ord. No. 7970 (N.S.), effective 10-17-91; amended by Ord. No. 10182 (N.S.), effective 1-5-12; amended by Ord. No. 10586 (N.S.), effective 2-7-19; amended by Ord. No. 10711 (N.S.), effective 2-11-21)

   Cross reference(s)--Sheriff, § 440 et seq.

SEC. 66.2. DISTRICT ATTORNEY ASSET FORFEITURE PROGRAM.

   (a)   BACKGROUND. Notwithstanding Section 66 of the County Administrative Code, this section establishes a District Attorney Asset Forfeiture Program, whereby the District Attorney of San Diego County may receive seized assets transferred to the District Attorney by Federal agencies as provided by the Comprehensive Crime Control Act of 1984 (21 U.S. Code Section 873 et seq.) and by the United States Attorney General's Guidelines on Seized and Forfeited Property (Paragraph III D.3.e). In addition, any moneys or tangible assets that may be received pursuant to California Health and Safety Code Sections 11470-11493 will also be included in this program, as well as asset forfeiture shared funds from other law enforcement agencies.

   Such assets are those which have been seized by law enforcement agencies during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the District Attorney as a result of participation in acts leading to a Federal or State governmental seizure or forfeiture. These assets may include, but are not limited to, cash, real estate, motor vehicles, airplanes and boats. The program's purpose shall be to provide an added incentive to the District Attorney to join with Federal, State and other local law enforcement agencies to stem the rising tide of crime, especially illegal drug trafficking.

   (b)   FORFEITED CASH ASSETS. The moneys received by the District Attorney Asset Forfeiture Program established by this section, the moneys received from the sale of any seized tangible assets, and any interest thereon (pursuant to Government Code Section 53647(b)) shall be deposited into the District Attorney Asset Forfeiture Fund within the County Treasury. The moneys or tangible assets, and any interest thereon deposited into the District Attorney Asset Forfeiture Fund pursuant to the Comprehensive Crime Control Act of 1984 and the United States Attorney General's Guidelines on Seized and Forfeited Property shall be used in conformity with the Comprehensive Crime Control Act of 1984 and the United States Attorney General's Guidelines on Seized and Forfeited Property and any other applicable provisions of law. The moneys or tangible assets, and any interest thereon deposited into the District Attorney Asset Forfeiture Fund pursuant to California Health and Safety Code Sections 11470-11493 shall be used in conformity with California Health and Safety Code Section 11489 and any other applicable provisions of law. The Fund shall be used exclusively by the District Attorney and may be applied to payment of any liens or other costs of acquisition associated with the transfer of the forfeited noncash assets.

   (c)   FORFEITED NONCASH ASSETS. Title to all property received pursuant to this program shall be taken in the name of the County and shall vest in the County. Upon receipt of any transferred property, the District Attorney shall immediately notify the Auditor and Controller of the acquisition. The Auditor and Controller shall make the necessary entries in the County's inventory or accounting records, using the property's fair market value on the date of acquisition as determined by the Purchasing Agent. Actual custody of the property under this program shall be with the District Attorney. Whenever the District Attorney deems it necessary or expedient to sell forfeited noncash assets received, the applicable provisions of law and County policy will be followed for the disposal of such assets, except that the proceeds, if any, shall be deposited into the District Attorney's Asset Forfeiture Fund.

   (d)   PROGRAM ACCOUNTABILITY. The District Attorney, in cooperation with the County Auditor and Controller, shall establish regular accounting and reporting procedures in connection with the District Attorney Asset Forfeiture Program with strict accountability. A report shall be provided to the Auditor and Controller by the District Attorney, on at least an annual basis, detailing all moneys and tangible assets received, all deposits and disbursements, and such other information as the Auditor and Controller may require. The District Attorney shall establish an internal departmental Asset Forfeiture Program Review Panel to assist the District Attorney in the judicious operation of the program.

(Added by Ord. No. 7269 (N.S.), effective 3-12-87; amended by Ord. No. 9284 (N.S.), effective 1-4-01; amended by Ord. No. 10182 (N.S.), effective 1-5-12; amended by Ord. No. 10711 (N.S.), effective 2-11-21)