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Alameda County, CA November 5, 2002 Election
Measure C
Probation Officers
County of Alameda

Charter Amendment - Majority Approval Required

166540 / 59.8% Yes votes ...... 112171 / 40.2% No votes

See Also: Index of all Measures

Results as of Nov 15 4:54pm, 100.0% of Precincts Reporting (1092/1092)
Information shown below: Impartial Analysis | Arguments | Full Text

Shall Section 18 of the Charter of the County of Alameda be amended by adding language specifying that any County Probation Officer taking office after November 6, 2002, shall be appointed by, and serve at the pleasure of, the County Board of Supervisors, and by deleting current language under which the Probation Officer is appointed by the County Juvenile Justice Commission and a majority of the judges and serves at the pleasure of the judges?

Impartial Analysis from The County Counsel
Section 23720 of the Government Code and Section 9102 of the Elections Code provide that a County Charter may be amended by submitting the proposed measure to the voters.

If a majority of the qualified electors voting on this measure vote for approval, section 18 of the Alameda County Charter will be amended to provide that any County Chief Probation Officer appointed after November 6, 2002, shall be appointed by and serve at the pleasure of the County Board of Supervisors.

The Charter currently provides that any Chief Probation Officer taking office after January 1, 1995, is "appointed by a majority of the judges of the Alameda County Superior Court, with the approval of the Board of Supervisors, from a list of no less than three names nominated by the Juvenile Justice Commission from a list of no less than five names nominated by a candidate rating and screening committee comprised of an equal number of members chosen by the Juvenile Justice Commission, the Superior Court, and the Board of Supervisors. " The appointee under the present Charter section 18 serves at the pleasure of a majority of the judges of the Superior Court.

The Alameda County Board of Supervisors currently has authority over and responsibility for the budget of the Probation Department, but it does not have personnel supervision over the Chief Probation Officer position.

If a majority of the qualified electors voting on this measure vote for approval, the Alameda County Charter, section 18, would be amended to provide that the County Board of Supervisors would have sole responsibility for the appointment and supervision of any new Chief Probation Officer appointed henceforth. Under the proposed amendment, the position would be in the unclassified civil service and serve at the pleasure of the Board of Supervisors. This proposed amendment to the Charter would make the appointment, supervision and termination of employment of any new Chief Probation Officer under the same provisions as nearly all other non-elected county department heads. The supervision and civil service status of the present Chief Probation Officer would not change.

If a majority of the qualified electors voting on this measure do not vote for approval, the measure will fail and the Alameda County Charter will not be amended.

s/ RICHARD E. WINNIE County Counsel

  News and Analysis

Oakland Tribune

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Arguments For Measure C Arguments Against Measure C
There must be a change in the governance structure of the Alameda County Probation Department. Measure C is needed to provide accountability and accessibility to the Probation Department and the public.

Measure C is an Alameda County charter change that would allow the Board of Supervisors to hire and fire the next Chief Probation Officer when the position becomes vacant. Currently a majority of the Judges of the Superior Court has that authority. This Measure does not apply to the current Chief Probation Officer.

Presently the Board of Supervisors is responsible for thirteen other department head officials. The Board of Supervisors is also in charge of the Probation Department budget and labor relations. By changing the current charter, the Probation Department governance structure will be the same as other departments that the Board supervises.

There have been three Alameda County Grand Jury reports recommending changes in the Probation Department. The courts have not implemented these recommendations. The 1999-2000 Grand Jury report recommended the change that this measure would make.

A vote for Measure C is a vote for responsible, accessible, and open government.

s/ KEITH BOYER Past Foreman ALA Co. Grand Jury
s/ KAY EMANUELE Community activist
s/ CHARLES C. PLUMMER Sheriff/ Coroner
s/ NATE MILEY County Supervisor
s/ GAIL STEELE County Supervisor

NO ARGUMENT AGAINST MEASURE C WAS SUBMITTED

Full Text of Measure C
SEC 18: The Members of the Juvenile Justice Commission and the Members of the Law Library Trustees shall be appointed in the manner and for the terms now or hereafter provided by general law. Any Probation Officer taking office on or after November 6, 2002, shall be appointed by the Board of Supervisors, shall be included in the unclassified service, and shall serve at the pleasure of the Board of Supervisors. Any Probation Officer taking office on or after January 1, 1995, shall be appointed by a majority of the judges of the Superior Court, with the approval of the Board of Supervisors, from a list of no less than three names nominated by the Juvenile Justice Commission from a list of no less than five names nominated by a candidate rating and screening committee comprised of an equal number of members chosen by the Juvenile Justice Commission, the Superior Court, and the Board of Supervisors. Any such appointee shall serve at the pleasure of a majority of the judges of the Superior Court.


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