Harvey

This is an appeal in a taxpayer action challenging the validity of an ordinance, adopted by the Butte County Board of Supervisors (Board), which reorganizes the office of the county counsel, resulting in the reduction of existing personnel and an increase in the employment of outside counsel. Plaintiff seeks injunctive relief to abort the program and recover funds paid to outside counsel for litigation services. He appeals from a summary judgment in favor of the Board. He contends that the action of the Board is ultra vires because the contracts with outside counsel involve services which are required by law to be performed by county counsel. We will affirm the judgment.

Facts and Ppocedural Background

On July 22, 1985, the Board directed its Chief Administrative Officer (CAO) to conduct “an organizational study of the current County Counsel function.” The CAO prepared a written report apparently submitted to the Board on September 25, 1985. The gist of the report is as follows. The county counsel’s office presently consisted of the county counsel (appointed pursuant to Gov. Code, § 27640), five deputy county counsels, and two clerical workers. The Board had directed…