Overview of the California Constitution – Article XI

Overview of the California Constitution – Article XI By Chris Micheli

            Article 11, dealing with local government, was added to the California Constitution by Proposition 2 on the June 2, 1970 ballot. This article contains the following fifteen sections:

Section 1 provides that the State is divided into counties which are legal subdivisions of the State. The Legislature will prescribe uniform procedure for county formation, consolidation, and boundary change. Formation or consolidation requires approval by a majority of electors voting on the question in each affected county. A boundary change requires approval by the governing body of each affected county. No county seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal. In addition, the Legislature shall provide for county powers, an elected county sheriff, an elected district attorney, an elected assessor, and an elected governing body in each county.

Section 2 requires that the Legislature prescribe uniform procedures for city formation and provide for city powers. And this section states that, except with approval by a majority of its electors, a city may not be annexed to or consolidated into another.

Section 3 provides that, for its own government, a county or city may adopt a charter by majority vote of its electors voting on the question. The charter is effective when filed with the Secretary of State. A charter may be amended, revised, or repealed in the same manner. A charter, amendment, revision, or repeal thereof shall be published in the official state statutes. County charters adopted pursuant to this section shall supersede any existing charter and all laws inconsistent therewith. The provisions of a charter are the law of the State and have the force and effect of legislative enactments.

Section 4 specifies that county charters provide for: (a) A governing body of 5 or more members, elected by district or, at large, or with a requirement that they reside in a district. (b) The compensation, terms, and removal of members of the governing body. (c) An elected sheriff, an elected district attorney, an elected assessor, other officers, their election or appointment, compensation, terms and removal. (d) The performance of functions required by statute. (e) The powers and duties of governing bodies and all other county officers, and for consolidation and segregation of county officers, and for the manner of filling all vacancies occurring therein. (f) The fixing and regulation by governing bodies by ordinance and for the prescribing and regulating by such bodies of the powers, duties, qualifications, and compensation of such persons, the times at which, and terms for which they shall be appointed, and the manner of their appointment and removal. Finally, this section provides that charter counties shall have all the powers that are provided by this Constitution or by statute for counties.

Section 5 states that it shall be competent in any city charter to provide that the city governed may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws.

Section 6 provides that a county and all cities within it may consolidate as a charter city and county as provided by statute.

Section 7 specifies that a county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

Section 7.5 prohibits a city or county measure proposed by the legislative body of a city, charter city, county, or charter county and submitted to the voters for approval from doing specified items.

Section 8 states that the Legislature may provide that counties perform municipal functions at the request of cities within them. Also, if provided by their respective charters, a county may agree with a city within it to assume and discharge specified municipal functions.

Section 9 provides that a municipal corporation may establish, purchase, and operate public works to furnish its inhabitants with light, water, power, heat, transportation, or means of communication.

Section 10 specifies that a local government body may not grant extra compensation or extra allowance to a public officer, public employee, or contractor after service has been rendered or a contract has been entered into and performed in whole or in part, or pay a claim under an agreement made without authority of law.

Section 11 provides that the Legislature may not delegate to a private person or body power to make, control, appropriate, supervise, or interfere with county or municipal corporation improvements, money, or property, or to levy taxes or assessments, or perform municipal functions.

Section 12 specifies that the Legislature may prescribe procedure for presentation, consideration, and enforcement of claims against counties, cities, their officers, agents, or employees.

Section 13 notes that the provisions of this article relating to matters affecting the distribution of powers between the Legislature and cities and counties, including matters affecting supersession, shall be construed as a restatement of all related provisions of the Constitution in effect immediately prior to the effective date of this amendment, and as making no substantive change.

Section 14 states that a local government formed after the effective date of this section, the boundaries of which include all or part of two or more counties, cannot levy a property tax unless such tax has been approved by a majority vote of the qualified voters of that local government voting on the issue of the tax.

Section 15 specifies the allocation of revenues derived from taxes imposed pursuant to the Vehicle License Fee Law that does not exceed 0.65 percent of the market value of the vehicle. If a statute enacted by the Legislature reduces the annual vehicle license fee below 0.65 percent of the market value of a vehicle, the Legislature shall, for each fiscal year for which that reduced fee applies, provide by statute for the allocation of an additional amount of money that is equal to the decrease resulting from the fee reduction in the total amount of revenues that are otherwise required to be deposited and allocated to cities, counties, and cities and counties in the same pro rata amounts and for the same purposes as are revenues subject to this article.

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