2005 California Streets and Highways Code Sections 2004.5-2010 CHAPTER 1. THE COUNTY ROAD SYSTEM

2004.5.  Streets in any city which has not held an election of
municipal officers within a period of 10 years preceding the date of
the proposed inclusion shall be included in the road system of the
county in which such city is located.
2006.  (a) The board of supervisors of each county shall appoint a
single road commissioner for all road districts in the county.  Every
person who is appointed road commissioner after December 31, 1965,
shall be a registered civil engineer.  However, the City and County
of San Francisco may appoint a person road commissioner who is not a
registered civil engineer.  Any person appointed road commissioner on
or before December 31, 1965, need not be a registered civil engineer
if he or she is approved by the board of supervisors as qualified
and competent to handle the road and highway work of the county.  Any
person who is a road commissioner in any county on December 31,
1965, need not be a registered civil engineer to be appointed  road
commissioner of another county after December 31, 1965.  After
October 1, 1952, no person shall be appointed road commissioner until
the board of supervisors holds a public hearing on the
qualifications of the candidate or candidates for the position of
road commissioner.  At least 14 days but not more than 30 days prior
to the hearing, notice of the hearing shall be posted at the county
courthouse and published at least once in a newspaper of general
circulation in the county.  Nothing in this section precludes one
person from serving two or more counties.  An elective county
official shall not be appointed road commissioner after October 1,
1952, unless the official is holding the position of road
commissioner on that date.  The road commissioner is, at all times,
under the direction and supervision of the board of supervisors but
may be dismissed, after a hearing, only upon a majority vote of the
board. This subdivision does not apply in chartered counties whose
charter requires the county surveyor to perform the duties of, or
exercise the powers conferred by law on, the road commissioner.
   (b) Each county shall furnish evidence to the Controller that it
has complied with this section.
   (c) Neither the Controller nor any other state officer shall make
any allocations or payments to any county from the Highway Users Tax
Account in the Transportation Tax Fund until the county has complied
with the requirements of this section; except that, if a vacancy
occurs in the office of road commissioner of a county, the
allocations or payments to the county shall not be suspended pursuant
to this section unless the county has not appointed a new road
commissioner in accordance with this section within 180 days from the
date the vacancy first occurred.
   (d) The 180-day time limit is contingent on the condition that
there be a qualified acting road commissioner functioning during the
interim period under direct appointment by the board of supervisors.
2006.1.  Notwithstanding Section 2006 or Section 2006.5, the board
of supervisors of any county may abolish the office of road
commissioner if the board transfers all duties of the road
commissioner to the county director of transportation.  The director
of transportation shall not be required to have any special permit,
registration, or license.  Any civil engineering functions which are
required to be performed by the road commissioner shall be performed
by a registered civil engineer acting under the authority of the
director of transportation.
2006.5.  Notwithstanding any other provision of law, the Board of
Supervisors of Orange County may abolish the office of road
commissioner if the board of supervisors transfers all duties of the
road commissioner to an environmental management agency.  The
director of such environmental management agency shall not be
required to have any special permit, registration, or license.  Any
civil engineering functions which are required to be performed by the
road commissioner shall be performed by a registered civil engineer
acting under the authority of the director of such agency.
   The Legislature hereby finds and declares that this section,
applicable only to Orange County, is necessary because of the unique
and special problems of county road management in Orange County due
to the extent of municipal incorporation found in the county.
2007.  The road commissioner shall each year prepare a tentative
road budget covering all proposed expenditures for the ensuing fiscal
year for county road purposes.  The road commissioner shall submit
the budget to the board of supervisors in accordance with Chapter 1
(commencing with Section 29000) of Division 3 of Title 3 of the
Government Code and in the form and manner prescribed by the
Controller and at the same time as other county departments submit
their recommended budgets.
   The board of supervisors shall hold public hearings on the
proposed road budget at the same time as the general county budget is
considered and after like notice.  In adopting the budget, the board
may make such changes and revisions as it considers will subserve
the public interest.
   After adoption of the budget by the board of supervisors, the road
commissioner shall not obligate or expend funds appropriated for
county road purposes other than as set forth in the budget as
adopted.  However, the board of supervisors may, by appropriate
action at any regular or special meeting, authorize the cancellation
or transfer, in whole or in part, of any appropriation or
appropriations set forth in the budget and reappropriate funds thus
canceled for road purposes not set forth in the budget or to
expenditure classifications insufficiently provided for where this
action will best serve the interests of the people.  Funds
transferred pursuant to this section, or as authorized by the board
of supervisors, shall immediately be made available for expenditure
by the road commissioner for road purposes.
2008.  The board of supervisors shall fix the salary of the road
commissioner.  It shall be chargeable against the one thousand six
hundred sixty-seven dollars ($1,667) monthly apportionment to the
county under subdivision (a) of Section 2104.  Such road commissioner
shall be required to file an official bond in an amount determined
by the board of supervisors, unless he is covered by a master bond
pursuant to Section 1481 of the Government Code.
2009.  The board of supervisors shall act as the policymaking body
with respect to county highway matters and shall by appropriate
action establish the general policies to be followed by the road
commissioner in the administration of his department.  The road
commissioner shall administer his department and carry out the
general policies of the board in conformity with the estimates of
expenditures fixed in the budget as finally adopted by the board or
as thereafter revised by appropriate action of the board.  The
commissioner shall employ such assistants and employees as may be
necessary, in conformity with the budget and county policies and
procedure with respect to personnel and subject to the approval of
the board of the salary or other compensation to be paid.  The
commissioner shall have sole supervision and jurisdiction over
personnel and over the assignments of personnel engaged in work on
county roads.  The commissioner may purchase, lease, or hire such
equipment as may be necessary for county road purposes, in conformity
with the budget and policies of the county with respect to purchases
and rentals and subject to approval of the board as to the price or
rental.  The commissioner shall have sole jurisdiction over the
assignment of equipment used for county road work.
2010.  In order that the provisions of this chapter may be
effectively carried out, the members of the board of supervisors of
their respective counties shall make reasonable inspection from time
to time of the roads within their counties maintained from funds
supplied by this chapter.  The additional mileage entailed by this
section, not to exceed six hundred dollars ($600) in any one year,
shall be a proper charge against and shall be paid from the one
thousand six hundred sixty-seven dollars ($1,667) monthly
apportionment to the county under subdivision (a) of Section 2104.
   Such mileage shall be deemed to be in addition to any other
mileage allowed by law or county charter, and each supervisor who
uses a privately owned automobile in the discharge of duties imposed
upon him in connection with the county road system shall receive for
the performance of such duties in addition to the compensation and
any other allowances paid him as supervisor, but not in duplication
of any other mileage allowed by law or county charter, twenty-five
dollars ($25) per month for the first 250 miles traveled, without
filing a report of the specific inspection tours requiring such
mileage.  For mileage traveled in excess of 250 miles, each
supervisor shall be paid ten cents ($0.10) for each mile traveled up
to 250 miles or twenty-five dollars ($25) for a total not to exceed
500 miles or fifty dollars ($50).  The supervisor claiming such
additional mileage shall file a report of the inspection tour or
tours requiring such travel.