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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)
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.
(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)
(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)
(a) BACKGROUND. Notwithstanding Section 66 of the County Administrative Code, this section establishes a Chief Probation Officer Asset Forfeiture Program, whereby the Chief Probation Officer 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 monies 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 Chief Probation Officer 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 Chief Probation Officer 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 monies received by the Chief Probation Officer Asset Forfeiture Program established by this section, the monies 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 Chief Probation Officer Asset Forfeiture Fund. The Fund 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/or California Health and Safety Code Section 11489.
(c) FORFEITED NON-CASH 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 Chief Probation Officer 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 Chief Probation Officer. Whenever the Chief Probation Officer deems it necessary or expedient to sell forfeited non-cash 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 Chief Probation Officer's Asset Forfeiture Fund.
(d) PROGRAM ACCOUNTABILITY. The Chief Probation Officer, in cooperation with the County Auditor and Controller, shall establish regular accounting and reporting procedures in connection with the Chief Probation Officer Asset Forfeiture Program with strict accountability. A report shall be provided to the Auditor and Controller by the Chief Probation Officer, on at least an annual basis, detailing all monies and tangible assets received, all deposits and disbursements, and such other information as the Auditor and Controller may require. The Chief Probation Officer shall establish an internal departmental Asset Forfeiture Program Review Panel to assist the Chief Probation Officer in the judicious operation of the Program.
(Added by Ord. No. 7929 (N.S.), effective 7-18-91; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
Notwithstanding any other section of this Code, the County shall not contract with, and shall reject any bid or proposal submitted by, the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:
(a) Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body;
(b) Profit making firms or businesses in which employees described in subsection (a) serve as officers, principals, partners or major shareholders;
(c) Persons who, within the immediately preceding twelve (12) months, came within the provisions of subsection (a), and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and
(d) Profit making firms or businesses in which the former employees described in subsection (c) serve as officers, principals, partners or major shareholders.
Contracts submitted to the Board of Supervisors or the Director of Purchasing and Contracting for approval or ratification shall be accompanied by an assurance by the submitting department, district or agency that the provisions of this section have not been violated.
(Section 67, Motor Vehicle Records Required Under Section 69 of County Charter, added by Ord. No. 1163 (N.S.), adopted 1-29-52; amended by Ord. No. 1918 (N.S.), adopted 6-30-59; amended by Ord. No. 2571 (N.S.), adopted 7-16-63, and repealed by Ord. No. 5179 (N.S.), effective 8-21-78; new Section 67, PROHIBITED CONTRACTS, added by Ord. No. 6971 (N.S.), effective 7-18-85; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
The Civil Service Commission is hereby authorized, as to all matters within its jurisdiction and in accordance with the rules that it establishes, to issue subpoenas and subpoenas duces tecum and to provide for the compensation of persons subpoenaed. The president or the Executive Officer of the Commission shall sign subpoenas and subpoenas duces tecum.
(Originally codified as Art. IX, § 142; recodified as Art. III, § 68, by Ord. No. 9482 (N.S.), effective 8-15-02; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
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