Opinion No. (2001)

BILL LOCKYER Attorney General ANTHONY S. Da VIGO Deputy Attorney General THE HONORABLE DENNIS L. STOUT, DISTRICT ATTORNEY, COUNTY OF SAN BERNARDINO, has requested an opinion on the following question: May a county charter grant the board of supervisors the authority to remove for cause by a four-fifths vote the sheriff, district attorney, and other county officers upon due notice and opportunity to be heard? CONCLUSION A county charter may grant the board of supervisors the authority to remove for cause by a four-fifths vote the sheriff, district attorney, and other county officers upon due notice and opportunity to be heard. ANALYSIS Subdivision (a) of section 3 of article XI of the Constitution 1 provides: "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 A charter may be amended, revised, or repealed in the same manner.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…