2007 California Government Code Article 3. Marshal

CA Codes (gov:72110-72116)

72110.  (a) Notwithstanding any other provision of law, the Board of
Supervisors of Riverside County may find, after holding a public
hearing on the issue, that cost savings can be realized by
consolidation of court-related services provided by the sheriff and
both offices of the marshal within that county.  If that finding is
made, there shall be conducted among all of the judges of the
superior and municipal courts of that county an election to determine
the agency, either the  sheriff or both offices of the marshal,
under which court-related services shall be consolidated.  The
outcome shall be determined by a simple majority of votes cast.  The
registrar of voters shall administer that election and tabulate the
results thereof.  The results of that election shall be reported
within 15 days following the election period by the registrar of
voters to the board of supervisors and to the judges of the superior
and municipal courts of that county.  The board of supervisors shall
immediately commence and, within a reasonable time not to exceed 90
days, implement the determination made by a majority of the votes
cast by the judges of the superior and municipal courts of the county
in that election.  If an election is not conducted within 90 days of
notification of the board of supervisors' finding, or if the results
of the election are evenly divided, the board of supervisors of that
county shall determine under which agency, either the sheriff or
both offices of the marshal, court-related services shall be
consolidated, and shall proceed to implement that consolidation as if
on the basis of a majority of the votes cast by the judges of the
superior and municipal courts of that county.
   (b) Notwithstanding any other provision of law, the marshals and
all personnel of the marshals' offices or personnel of the sheriff's
office affected by a consolidation of court-related services under
this section shall become employees of that consolidated office at
their existing or equivalent classifications, salaries, and benefits,
and except as may be necessary for the operation of the agency under
which court-related services are consolidated, shall not be
involuntarily transferred during a period of six years following the
consolidation out of that consolidated court-related services office.
  The elective offices of marshal for the County of Riverside shall
be abolished upon a determination pursuant to the procedures required
by this section that consolidated court-related services shall be
provided by the sheriff.
   (c) Permanent employees of the marshals' offices or sheriff's
office on the effective date of a consolidation under this section
shall be deemed qualified, and no other qualifications shall be
required for employment or retention.  Probationary employees of the
sheriff's office or the marshals' offices on the effective date of a
consolidation under this section shall retain their probationary
status and rights, and shall not be deemed to have transferred so as
to require serving a new probationary period.  Transferring personnel
may be required to take a promotional examination to promote to a
higher classification but shall not be required to retest for his or
her existing classification as a prerequisite to testing for a higher
classification.  A transferring deputy marshal requesting a transfer
to another division in the sheriff's office shall not be required to
take a written test as a prerequisite to making a lateral transfer.

   (d) All county service or service by employees of the sheriff's
office or the marshals' offices on the effective date of a
consolidation under this section shall be counted toward seniority in
that court-related services office, and all time spent in the same,
equivalent, or higher classification shall be counted toward
classification seniority.
   (e) No employee of the sheriff's office or the marshals' offices
on the effective date of a consolidation under this section shall
lose peace officer status, or be demoted or otherwise adversely
affected by a consolidation of court services.
   (f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2018, deletes or extends that
date.  The repeal of this section does not affect any right or
benefit to which a person was entitled on the date of repeal.



72112.  The deputy marshals serving as custodians shall be paid only
for their actual services as keepers of property taken under legal
process and shall be paid out of funds deposited by the parties to
the action in which such services are rendered.



72115.  (a) This section applies to the abolition of the marshal's
office and the transfer of court-related services provided by the
marshal within the county to the sheriff's department.
   (b) The courtroom assignment of bailiffs after abolition of the
marshal's office and the consolidation pursuant to this section shall
be determined by a two-member committee comprised of the presiding
judge of the superior court and the sheriff, or their designees.  Any
new bailiff assignments shall be made only after consultation with
the affected judge or commissioner in whose courtroom a new
assignment is planned.
   It is the intent of the Legislature, in enacting this subdivision,
to ensure that courtroom assignments are made in a manner which best
assures that the interests of the affected judge or commissioner and
bailiff are protected.
   (c) Notwithstanding any other provision of law, the marshal and
all personnel of the marshal's office affected by the abolition of
the marshal's office in San Bernardino County shall become employees
of the sheriff's department at their existing or equivalent
classification, salaries, and benefits, and, except as may be
necessary for the operation of the agency under which court-related
services and the service of civil and criminal process are
consolidated, they shall not be involuntarily transferred out of the
consolidated office for a period of five years following the
consolidation.
   (d) Personnel of the abolished marshal's office shall be entitled
to request an assignment to another division within the sheriff's
department, and that request shall be reviewed in the same manner as
any other request from within the department.  Persons who accept a
voluntary transfer from the court services/civil division shall waive
their rights pursuant to subdivision (c).
   (e) Permanent employees of the marshal's office on the effective
date of the abolition of the marshal's office pursuant to this
section shall be deemed to be qualified, and no other qualifications
shall be required for employment or retention.  Probationary
employees of the marshal's office on the effective date of a
consolidation pursuant to this section shall retain their
probationary status and rights, and shall not be deemed to have
transferred so as to require serving a new probationary period.
   (f) All county service or service by employees of the marshal's
office on the effective date of a consolidation pursuant to this
section shall be counted toward seniority in the consolidated office,
and all time spent in the same, equivalent, or higher classification
shall be counted toward classification seniority.
   (g) No employee of the marshal's office on the effective date of a
consolidation pursuant to this section shall lose peace officer
status, or otherwise be adversely affected as a result of the
abolition and merger of personnel into the sheriff's department.
   (h) This section shall remain in effect only until January 1,
2018, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2018, deletes or extends that
date.  The repeal of this section does not affect any right or
benefit to which a person was entitled on the date of repeal.



72116.  (a) This section applies to the consolidation of
court-related services within the marshal's office in Shasta County.

   (b) Except as provided in subdivision (f), all personnel of the
marshal's office or personnel of the sheriff's office affected by a
consolidation of court-related services under this section shall
become employees of that consolidated office at their existing or
equivalent classifications, salaries, and benefits, and except as may
be necessary for the operation of the agency under which
court-related services are consolidated, shall not be involuntarily
transferred out of the consolidated court-related services office for
a period of four years following the consolidation.
   (c) Permanent employees of the marshal's office or sheriff's
office on the effective date of consolidation under this section
shall be deemed qualified, and no other qualifications shall be
required for employment or retention.  Probationary employees of the
marshal's office or the sheriff's office on the effective date of a
consolidation under this section shall retain their probationary
status and rights, and shall not be deemed to have transferred so as
to require serving a new probationary period.
   (d) All county service or service by employees of the marshal's
office or the sheriff's office on the effective date of a
consolidation under this section shall be counted toward seniority in
that court-related services office, and all time spent in the same,
equivalent, or higher classification shall be counted toward
classification seniority.
   (e) No employee of the marshal's office or the sheriff's office on
the effective date of a consolidation under this section shall lose
peace officer status, or be demoted or otherwise adversely affected
by a consolidation of court-related services.
   (f) All sheriff's bailiffs affected by the consolidation shall be
given the option of becoming employees of the marshal's office or of
remaining with the sheriff's office.  If a staffing shortage is
created by the exercise of this option by these bailiffs, the marshal
may accept qualified applicants from the sheriff's office under the
provisions of subdivisions (b), (c), (d), and (e).