Opinion No. (2005)

BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General THE HONORABLE DAVID L. CROSS, DISTRICT ATTORNEY, COUNTY OF TRINITY, has requested an opinion on the following question: May a county board of supervisors transfer the duties of the county administrative officer and the county director of mental health services to the auditor — controller? CONCLUSION A county board of supervisors may transfer the duties of the county administrative officer and the county director of mental health services to the auditor — controller by adopting an ordinance consolidating the three offices. ANALYSIS A county board of supervisors has established a number of management positions; among them are the positions of auditor-controller, county administrative officer, and director of mental health services. The question presented for resolution is whether the board may combine these positions by transferring the duties and responsibilities of the county administrative officer and the director of mental health to the auditor-controller. We conclude that these positions may be combined by the board's adoption of an ordinance. Under the common law doctrine of incompatible public…