Frequently Asked Questions

Your device must be registered and certified by your local county Weights & Measures office if your device is used for the determinization of the weight, measure, or count of any commodity or thing that is sold by the basis of weight, measure, or count; or the determination of the weight, measure, or count of any commodity or thing upon which determination a charge for service is based. Devices used in a determination upon which a charge for service is based include, but are not limited to, taximeters, odometers, timing devices, parcel scales, shipping scales, and scales used in the payment of agricultural workers.

Your scale does not need to be registered or certified by your local Weights & Measures office if the determination of the weight, measure, or count of any commodity or thing that is performed within a plant or business as a part of the manufacturing, processing, or preparing for market of that commodity or thing, or the determination of charges for the transmission of letters or parcels of less than 150 pounds, except when that determination is made in the presence of the customer charged for the service, or the determination of the weight of any animal or human by a qualified health provider, California-licensed veterinarian, licensed physician and surgeon, or staff members within the business operations of, and under the supervision of, a California licensed veterinarian or licensed physician and surgeon for the purposes of determining the appropriate dosage of any medication or medical treatment or the volume, duration, or application of any medical procedure.

Monterey County has an annual Device Registration. All Monterey County Device Registrations expire on December 31^st and must be renewed by January 31^st.

Contact your local Weights & Measures office to register and certify the scale prior to commercial use.

If your device needs repair, you should contact a Registered Service Agency (RSA). RSA’s can repair and place device into commercial use pending inspection by local Weights & Measures officials. RSA listing may be found on the CDFA Division of Measurement Standards website.

Commercial scales should be repaired by a Registered Service Agency (RSA).  Upon completion of repairs, an RSA may place the scale into commercial use pending inspection by a local Weights and Measures official.  If a device is repaired by the owner, the device may not be used until inspected and certified by a County Weights & Measures Inspector.

A: Once a report has been forwarded to our office, the ultimate filing decision will be determined by the filing deputy on behalf of the People of the State of California. Requests made by a victim will be taken into consideration during the reviewing process. If you are a victim of a violent crime, you can contact our Victim/Witness Unit at (831)755-5070 for further assistance. 

A: Incidents should be reported as follows:

Crimes must be reported to the police department or other law enforcement agency which has jurisdiction over the city or county where the crime occurred. Crimes committed in the unincorporated area of Monterey County should be reported to the Monterey County Sheriff's Office.

Crimes involving consumer fraud and environmental crimes should be reported directly to the District Attorney's Consumer/Environmental Protection Unit.
You can reach them at: (831) 647-7770.

Please visit the Monterey County Peace Officer’s website regarding contact information for local law enforcement agencies: montereycountypeaceofficersassociation.org

To file a complaint regarding an officer, please contact the Internal Affairs section of the officer's department. 

No. You may wish to consider contacting a private attorney regarding this matter.

We suggest that you state your concerns and/or complaints in a letter addressed to:
District Attorney Jeannine M. Pacioni
142 West Alisal Street, Suite A 
Salinas, CA 93901

Either Ms. Pacioni or her designee will address the issue as deemed appropriate.

http://www.co.monterey.ca.us/EconomicDevelopment/housing-inclusionary-programs.shtml

Phone number: (831) 755-5390

No. Anyone may apply for "permanent vote by mail" status. Permanent vote by mail voters are automatically sent a vote by mail ballot for every election. To become a permanent vote by mail voter, you must complete and mark the 'Vote by Mail' box on the vote by mail application on this website, the application on your voters pamphlet or application mailed to you. (Elections Code 3201).

Permanent vote by mail voters will retain permanent status as long as he/she casts a ballot in all statewide elections (Elections Code 3206). If a permanent vote by mail voter fails to cast a ballot in a statewide election, he or she will be removed from the permanent vote by mail voter list and will need to reapply in order to have this status restored

Yes. The Elections Office, by comparing this signature to the signature on your voter registration card, can determine that you are the authorized voter. This is an important protection for you. 
Your signature does not allow anyone to determine how you voted. To preserve the secrecy of your ballot, once the signature comparison is made, the ballot is separated from the envelope and the ballot becomes as anonymous and secret as any other ballot.

If you omit any of the required information from your vote by mail ballot application, the Elections Office will send you a ballot, but will also include a notice that the missing information must be provided in order for the ballot to be counted (Elections Code 3009 and 3019).

There are two ways a voter can return their ballot:

1. By mail (please be aware that postage may vary from one election to another, depending on the weight of the envelope. Please make sure to verify the amount of postage required by reading the instructions enclosed with your ballot and return envelope. 
   Voters who live in a mail ballot precinct will not need to afix postage and their blue return envelope will say “NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES”)
2. Drop off the voted ballot in person to any of the following locations:
   1. Elections Office
   2. Some City Halls in Monterey County (this service is not provided for all elections. Please verify that this service is available by calling Monterey County Elections at 796-1499)
   3. Any polling place in Monterey County on Election Day (ballot must be returned to the County from which it was issued, voters CANNOT drop their ballot off in another county to be forwarded to our office).

However, any voter because of illness or physical disability is unable to return the voted ballot, may designate their spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household to return the voted ballot for them.  Please have the voter complete the flap on the return Vote by Mail Ballot envelope, indicating who will return that ballot.  Voter must sign. See below.

Follow the instructions provided by the Elections Office. Failure to complete your ballot correctly could jeopardize your vote. If you have any questions, please call the Elections Office at 831-796-1499.

You will receive a return envelope to sign and return the ballot. You must use the envelope provided. (Elections Code 3010). Do not place ballots for another person in your envelope!

Vote by mail ballot applications are processed in the period 29-7 days prior to an election (Elections Code 3001). You may submit an application prior to this time, but the Elections Office will hold it until the 29th day before the election.

The elections official accepts applications received less than 7 days prior to an election for 'pick-up' in the Elections Office only.

If during the final week before an election you become ill or disabled or for some unforeseen reason find that you will be away from your polling place on election day, you may request (in writing and signed under penalty of perjury) that an absentee ballot be delivered to you. You may authorize another person to bring you the ballot and to return it to the elections officials after you have voted it (Elections Code 3021).

In order to be counted, your ballot must be received by Monterey County Elections no later than the close of the polls on election day (Elections Code 3017 and 3020). The polls close in California at 8:00 p.m. You can mail it or bring it to the Elections Office or to any worker at a polling place within the county. Ballots received after close of polls cannot be counted. Do not mail your ballot on Election Day! A postmark is not considered receipt by Monterey County Elections.

If you return your voted ballot by mail, you must put the required postage on the envelope. The post office cannot deliver it without the required postage

You must apply in writing to Monterey County Elections (Elections Code 3001).Fill out this form, sign and mail or call 831-796-1499.

An application for a vote by mail ballot is also included in the sample ballot and voter information pamphlet sent to you by the county elections official prior to each election (Elections Code 3022).

Yes, if at all possible, a voice call is best. Our slogan is, “Call if you can, text if you can’t.” Timely information is more difficult to obtain over a text call. Texting 911 is appropriate during situations where a caller cannot speak freely without jeopardizing their own safety. It is also appropriate for callers with hearing or speech impairments.

Please refer to the list of non-emergency lines in the section of our website “POLICE /FIRE AGENCIES” and select the number for which the incident is occurring.  These calls allow the 911 lines to remain available for emergencies.

An emergency is any situation that requires immediate assistance from the police, fire department, or an ambulance. Examples of emergency situations include:

• a fire
• an immediate threat to life or property
• a crime in progress
• a medical condition requiring immediate medical assistance

Stay on the line, do not hang up. If you call us by accident, please let us know that so we can cancel the call, and not send out emergency responders to your location. We won’t be upset to know you are okay and called 911 in error. If you do hang up, our personnel are required to call you back and determine if emergency response is needed regardless.

It takes a special kind of person who wants to serve the public. Emergency Communication Dispatchers are the lifeline between the community and first responders. They are a calming voice that can provide instructions and help during critical situations. They take pride in their profession and are a highly skilled, dedicated group of individuals who work diligently behind the scenes.

The minimum requirements to be an Emergency Communications Specialist are:

• A high school diploma or equivalent
• Ability to type a minimum of 35 words per minute
• 18 years of age or older
• Flexibility – ability to work; days, evenings, nights, weekends, and holidays.

If you are calling 911 from your landline telephone, the address will be displayed. If you are calling 911 from a cellphone or internet phone, a general area will be displayed. The call taker will always confirm your location. Be prepared to provide your actual location.

You should call 911 for any situation involving, police, fire or a medical emergency.

Our 911 Dispatchers are trained to gather relevant information from you in order to ensure that we send out the right kind of services to assist you, whether that is an ambulance, police, firefighters, or a combination of all three. We require specific information in order to ensure that you are given the help you need. We can also provide potentially life-saving instructions to assist you until help arrives on scene.

https://www.mtyhd.org/index.php/services/animal-services/animal-complaints/

https://www.mtyhd.org/index.php/services/animal-services/field-services/

https://www.mtyhd.org/index.php/services/environmental-health/illegal-dumping/

The Building & Planning Services FAQs can be found here: Building & Planning Services FAQs

The Code Compliance FAQs can be found here: Code Compliance FAQs

• Wash your hands with soap and water for at least 20 seconds.
• Avoid touching your eyes, nose and mouth.
• Avoid close contact with people who are sick.
• Stay home when you are sick.
• Cover your cough or sneeze with a tissue; then throw the tissue in the trash.
• Clean and disinfect frequently any objects and surfaces that are touched.
• Get a flu shot if you haven't already gotten one this season.

Yes, your doctor’s note is sufficient certification to potentially be eligible for Emergency Paid Sick Leave under the provisions of the Families First Coronavirus Response Act. However, only the County Health Officer or authorized state/federal official can provide an official quarantine order.  The County Health Officer or designee will notify Human Resources if any of its employees have tested positive for COVID-19, and a worksite has been deemed to have been potentially exposed or are considered a Person Under Investigation. However, you may still be asked by your Department Head or designee to telecommute/work from home or be “excused” if no telecommute/work from home options are available. 

During this pandemic event, if you are sick you should remain home from work, you may be eligible for Emergency Paid Sick Leave under the provisions of the Families First Coronavirus Response Act, Special Paid Leave (paid at base rate of pay)  under the provisions of the Human Resources Emergency Response Manual (Section 10) or you can elect to use leave accruals, unless authorized to work from home. These leave provisions provide a pro-rated number of hours for less than full-time employees. 

You may be eligible for Emergency Paid Sick Leave under the provisions of the Families First Coronavirus Response Act,  FMLA/CFRA leave because the condition constitutes a “serious health condition” or Special Paid Leave (paid at base rate of pay) under the provisions of the Human Resources Emergency Services Manual. These leave provisions provide a pro-rated number of hours for less than full-time employees. 

Please discuss with your supervisor if temporary telecommuting/working from home or a flexible work schedule is an option based on your duties.  You are eligible to use your leave accruals and may be eligible for Emergency Paid Sick Leave under the provisions of the Families First Coronavirus Response Act or Special Paid Leave (paid at base rate of pay) under the Human Resources Emergency Response Manual (Section 10). These leave provisions provide a pro-rated number of hours for less than full-time employees.  

Check with your supervisor about telecommute/work from home options. If none are available, you may be eligible for Emergency Paid Sick Leave under the provisions of the Families First Coronavirus Response Act or Special Paid Leave (paid at base rate) under the provisions found in the Human Resources Emergency Response Manual (Section 10) when quarantined by the County Health Officer or other government authority due to the Pandemic event. These leave provisions provide a pro-rated number of hours for less than full-time employees. 

Under the provisions of the Human Resources Response Manual Section 10, regular, probationary and temporary employees who are quarantined by the County Public Health Officer or authorized State or federal official due to the Pandemic event, sick or with the Pandemic event symptoms, or excused by the appointing authority and unable to temporarily telecommute/work from home may be eligible for Special Paid Leave hours. The 80 hours of Special Paid Leave shall be pro-rated for less than full-time employees based on their FTE. 

Special paid leave hours provided under the provisions of the Human Resources Emergency Response Manual (Section 10) will be available until the expiration date of the emergency declaration. 

Employees already out on an approved Leave of Absence would not be eligible for Special Paid Leave hours as found in the provisions of the Human Resources Emergency Response Manual (Section 10) and would continue to integrate their regular leave accruals as usual.

You may be eligible for Emergency Paid Sick Leave under the provisions of the Families First Coronavirus Response Act or Special Paid Leave (paid at base rate) under the provisions found in Section 10 of the Human Resources Emergency Response Manual (Section 10).  These leave provisions provide a pro-rated number of hours for less than full-time employees. In addition, the County’s Personnel Policies & Practices Resolution provides the County Administrative Officer authority to grant up to 20 days of paid administrative leave. Also, you can apply to the County’s Donated Leave Bank for leave hours.  Please contact the Human Resources Benefits Division at BenefitsHelp@co.monterey.ca.us for additional information.

Under Section 7 of the Human Resources Emergency Response Manual employees can make reasonable requests to temporarily telecommute/work from home, but the approval is at the discretion of the appointing authority. The Temporary Telecommuting Request form is located on the Human Resources Department website at:  https://www.co.monterey.ca.us/government/departments-a-h/human-resources.

As you know, all County employees are designated by State law as Disaster Service Workers (DSWs) and upon hire, County employees signed an oath confirming their understanding that they are designated as DSWs. This means that when the County declares a local emergency, you may be deployed to different work sites or be asked to perform work duties or tasks that are different from your regular work responsibilities. No one will be assigned duties they are not qualified or trained to perform.

Employees may be eligible for Emergency Paid Sick Leave or Public Health Emergency Leave under the provisions of the Families First Coronavirus Response Act. Please consult with your Human Resources staff or Benefit Coordinator for additional information. 

Under Section 17 of the Human Resources Emergency Response Manual, if you are a First Responder, you must report to work during this Pandemic event.  First Responders are defined as Mission Critical and include law enforcement, emergency communications, emergency service officials and healthcare personnel. In the event that child and dependent care coverage may become impossible, arrangements may be made in advance for approval from the appointing authority to telecommute, if appropriate. If telecommuting is not appropriate upon approval, mission critical personnel will use accrued leave. Otherwise, mission critical employees must report to work.

Mission Critical personnel provide for and maintain the critical functions of the County including human resources, payroll, finance.   In the event that child and dependent care coverage may become impossible, arrangements may be made in advance for approval from the appointing authority to telecommute, if appropriate. If telecommuting is not appropriate upon approval, mission critical personnel will use accrued leave. Otherwise, mission critical employees must report to work. 

Non-Mission Critical- In the event that non-mission critical personnel have exhausted their options for child and dependent care coverage accrued leave will be used for such an approved absence.

You may also consult with your Human Resources staff to inquire about potential daycare options available to County employees. 

Illnesses associated with a Pandemic are not considered work related.  Employees may not be denied the right to file a worker’s comp claim, however, the claim may be denied by the carrier. 

Work related injuries are to be reported and processed as usual. Contact your departmental HR Analyst or your supervisor for information.

Employees are encouraged to check the EDD website for information regarding Unemployment Insurance claims and filing processes.

Employees with serious illness including COVID-19 are encouraged to apply for disability benefits. During the pandemic event the State has reduced the waiting period for SDI benefits so please contact your benefits coordinator promptly for assistance.

Direct Deposit changes can be made using the following options:

• Log into ESS Employee Self Service using employee-center.co.monterey.ca.us
• Mail to Auditor-Controller Payroll, P.O. Box 390, Salinas 93902
• Fax to 831-755-5144

Those employees that still receive a paper check should contact their department timekeeper for check pickup information.  Especially during this pandemic event we strongly urge employees to enroll in direct deposit to ensure that you receive your pay electronically and not have to physically pick up a check and then travel to the bank.  Please see direct deposit question above for more information on how to enroll.  

No, Special Paid Leave hours do not count towards overtime.

Employees deemed essential to departmental operations will receive their normal pay and benefits.

People over the age of 65 and people with serious underlying medical conditions like heart disease, diabetes, and lung disease, and those with immunosuppressed systems are considered at high risk from severe illness from COVID 19. The federal guidance is employee stay at home.  Explore options with management regarding telecommute.  

Your departmental timekeeper will provide time entry instructions specific for your department operations (this could include pay and leave usage codes, override codes, etc.)  All time entry questions should be directed to your supervisor and/or departmental timekeeper.

Contact the County’s local Nationwide representative, Justin Bryant at 831-200-5501 or Justin.Bryant@Nationwide.com.

Employees can also schedule a virtual appointment at https://montereycounty457.myretirementappt.com/.  This is an excellent opportunity to be sure beneficiary designations are up to date.

The FSA card can be used for doctor prescribed items, medical supplies and equipment.  Check out the FSA Store at https://FSAstore.com.

The County may ask you if you are experiencing symptoms of the pandemic virus. Symptoms compatible with COVID-19 include subjective or measured fever, cough, or difficulty breathing according to CDC.  The County will maintain all information about an employee’s illness as a confidential medical record in compliance with the ADA.

The County may ask you if you are experiencing symptoms of the pandemic virus. Symptoms compatible with COVID-19 include subjective or measured fever, cough, or difficulty breathing according to CDC. The County will maintain all information about an employee’s illness as a confidential medical record in compliance with the ADA.

Yes, the County can delay the start date according to the Center for Disease Control and Prevention guidance.

A close contact is someone who was within 6 feet of a COVID 19 case for a prolonged period of time which may occur while caring for, living with, visiting, or sharing a healthcare waiting area or room with a COVID 19 case OR having direct contact with infections secretions of a COVID 19 case.  If this applies, HR Department Point of Contact will contact Public Health at 831-755-4521 for guidance. Recommendation may be that close contact should go home for 14 days from last date of contact with COVID 19 case and self-monitor.

See above for definition of Close Contact.  HR Department Point of Contact will contact Public Health at 831-755-4521 for guidance.

Cruise ships are classified as level 3 as of March 17 per CDC.  If you were on a cruise in the past 14 days: Stay home for 14 days from the time you disembark, practice social distancing, and monitor your health. Social distancing means staying out of crowded places, avoiding group gatherings, and maintaining distance (approximately 6 feet or 2 meters) from others when possible.

If you feel like you have flu-like symptoms you should let your supervisor know and call your health care provider prior to arriving at their office. Do not go to the hospital emergency department unless your healthcare provider directs you to go.  We need to reserve emergency room visits for serious illness and medical emergencies. 

If you have symptoms of acute respiratory illness and are feeling sick do not come to work.   Notify your supervisor and stay home. You may be eligible for Emergency Paid Sick Leave under the provisions of the Families First Coronavirus Response Act or Special Paid Leave (paid at base rate of pay) under the provisions of the Human Resources Emergency Response Manual (Section 10). These leave provisions provided a pro-rated number of hours for less than full-time employees. 

Please check the following link for current CDC guidelines on Travelers returning to the USA.  https://www.cdc.gov/coronavirus/2019-ncov/

HR Department Point of Contact will contact Public Health at 831-755-4521 for guidance as it differs on whether employee is a healthcare employee or not.  

HR Department Point of Contact will contact Public Health at 831-755-4521 for guidance as it differs on whether employee is a healthcare employee or not.

Employees with CalPERS health plans should refer to their Medical ID card for Nurse Line 24/7 TeleMed information.  Refer to the Emergency Response Manual or the Employee Benefits website for more information.

Yes. The Center for Disease Control and Prevention states that employees who become ill with symptoms of COVID-19 should leave the workplace and stay at home. 

Yes, your department can require you to go home if you are showing symptoms such as fever, coughing, and/or shortness of breath.  Under the California Occupational Safety and Health Act (Cal-OSHA), employers are required to maintain safe and healthy working conditions for employees. You may be eligible for Emergency Paid Sick Leave under the provisions of the Families First Coronavirus Response Act or Special Paid Leave (paid at base rate of pay) under the provisions of the Human Resources Emergency Response Manual (Section 10). These leave provisions provide a pro-rated number of hours for less than full-time employees. 

You can return to work if you are no longer sick. According to Section 15 of the Human Resources Response Emergency Response Manual, when you are ready to return to work you should contact your supervisor for instructions on when and where you should return for your assignment. In certain circumstances, the County may require a note from your health care provider clearing you to return to work.  If you were diagnosed with COVID-19, and the County designated the leave as FMLA/CFRA leave, the County will accept your treating physician’s certification that you can return to work.

Yes, in accordance with Section 15 of the Human Resources Emergency Response Manual you can call in sick without needing to a doctor's note during this pandemic event.

Possibly, each scenario is reviewed on a case by case basis. NOTE: SPSL may be used if a child’s classroom in school or place of care has been closed after concern that a person who had been present on the school or daycare premises on or after January 1, 2022, was exposed to, or had contracted, COVID-19.  This does not include caring for a child whose school or daycare was closed before January 1, 2022.  If the school or daycare was closed on or after January 1, 2022, it must have been due to a closure, or partial closure, making the care unavailable due to COVID-19 on the premises.

Employees must have worked or be scheduled to work during the preceding two-week period before becoming eligible to take SPSL.

Job search related trainings are available through the S.E.E.K. program based on demand. Please visit the S.E.E.K. website or contact the S.E.E.K. Coordinator at (831)755-5130 for availability of courses.  

Yes, this is still in place. 

Yes! Click on the following links to apply online and / or click HERE for the Online Employment Application Guide:

• NeoGov
• Natividad Medical Center

If you are laid off, you will be separated in the California Public Employees Retirement System (CalPERS) records and will be able to file for retirement benefits if you meet the minimum retirement eligibility criteria.

CalPERS recommends that you begin the retirement process at least 30 days, but not more than 90 days, before separation. You can run a retirement estimate by logging into www.my.calpers.ca.gov.

Please contact Employee Benefits to discuss retirement processes and to learn of County benefits that may be available to you as a retiree. To schedule a retirement appointment, contact the Employee Benefits Team at 831-755-5115 or by email at benefitshelp@co.monterey.ca.us. General CalPERS information is available on their website at www.calpers.ca.gov. CalPERS will not be able to address benefits that have been negotiated through your bargaining unit. For specific information, please review your MOU or, if unrepresented, the PPPR, each of which are available on the County website.

Appointments are required in order to meet with an Employee Benefits staff member.

There are several ways to receive help in either creating or updating your resume.  Your S.E.E.K. Coach and the S.E.E.K. Coordinator will be available to assist you.   You can also sign up for a Resume Writing course by calling (831) 755-5130.

If they are an eligible employee, they are eligible for up to 40 hours of SPSL regardless of how much leave they have taken under the FMLA. 

You may file for Unemployment Insurance benefits (UI) immediately following separation from work. The fastest and most convenient way to file a claim for UI benefits is online at www.edd.ca.gov. If you do not have a computer, try accessing one at your local library, through a friend or neighbor, or contact the S.E.E.K. Liaison at 1-831-755-5130 for additional guidance. 

If you are planning to retire immediately after separation, contact the Public Employees Retirement System (PERS) at 1-888-225-7377 or www.calpers.ca.gov to determine if filing for Unemployment Insurance benefits will have an effect on your retirement benefits or your ability, as a retiree, to return to work for another PERS employer.

Through an appointment with your HR Professional Coach, information will be provided to you on the available positions within the County.

We have several locations available for free computer access for your job search activities.  Your S.E.E.K. Coach will be able to provide you with a list of locations and days/times of accessibility.

Order of lay-off is determined by seniority. Human Resources has created seniority lists for the employees in their departments. The person with the least seniority in the department in the identified classification is the person who will receive the lay-off notice.

You can access the provider search using your insurance carrier’s website.

• Anthem Blue Cross
• BlueShield of California
• UnitedHealthcare
• Kaiser
• PORAC

EAP benefits may be available to you for up to 3 months providing you contact the EAP within 30 days of your separation date.

Qualified, trained S.E.E.K. Coaches will work with you on an individual basis to show you how to navigate through both the S.E.E.K. and County of Monterey websites for up to date information on possible County job openings.  If you find a position of interest, the coach will help you identify your transferable skills for a possible job match.  If you are interested in the position and would like to obtain more information, they can help arrange an informational interview with the department or a job shadow.  The coach will also be able to help guide you through the application or transfer process, whichever is appropriate.

Yes!  The Employee Assistance Program is immediately available to you.  This program has a variety of ways to help you, from individual counseling to assisting you to find resources.  Additionally, they offer workshops that may help you through this period of transition.  For assistance please call the Employee Assistance Program (EAP) at 1-800-638-3327 or visit FEI at www.feieap.com and use username: monterey.

In order to retire, an employee must have a minimum of (five) 5 years of service credit and be at least 50 years of age if you are a Classic Member and 52 years of age if you are a PEPRA Member. If your position is identified as one that is subject to layoff, you may work with a HR Professional Coach to attempt to find other work within the County so that you can continue to earn service credit. Once you meet all of the eligibility criteria, you may resign your position and file for retirement.

Yes, if they qualify for SPSL. 

No. If qualified for SPSL the employee has the option to use SPSL before using any County Special Paid Leave or accrued leave. However, if the paid benefit of SPSL is not enough to equal 100% of the employee’s wages they may use their accrued leave to supplement their pay. Employees must exhaust their SPSL before receiving County Special Paid Leave. 

No. An employee may receive up to 40 SPSL hours total for this type of COVID-19 related reason. 

Yes. If mutually agreed upon by the employee and the Department. 

If you separate from the county you will have medical insurance for the month in which you were employed plus one additional month. Dental and vision coverage will end on the last day of the month of separation. In general, employees who are currently enrolled in health, dental, and vision through their employment with the County, and who are separated from employment, are able to continue their benefits for up to 18 months, subject to continued eligibility. Please schedule an appointment with a HR Professional Coach to discuss benefits and costs.

The County Administrative Officer or designee may approve up to 20 days of paid admin leave. If this is exhausted, or not granted, the employee would fall into an unpaid status. Alternatively, the employee may be reassigned as a disaster service worker. 

Yes. S.E.E.K. services are also available to those who may be looking for a change in their career.  We will offer you a coach, and access to classes to assist you with resume writing, interviewing skills or change management.

Available staff may be reassigned through the Disaster Service Worker program. Questions related to this program may be sent to DSW@co.monterey.ca.us 

See the Human Resources Department (HRD) COVID-19 Emergency Services & Resources website. 

There are a lot of places you can turn to for help. Your best point of contact is our S.E.E.K Program.  The S.E.E.K. Coordinator can connect you with a HR Professional Coach, provide training, tell you what other resources may be available and much more.  The County’s Employee Assistance Program (EAP) also has many resources available to you and anyone living in your home.

Their services include counseling assistance, financial and legal consultation among others.  They can be reached at 1-800-638-3327 or visit FEI at www.feieap.com and use username: monterey.  Your Human Resources representative can also provide you with a brochure about the Employee Assistance Program (EAP).

The term “Child Care Provider” means a provider who receives compensation for providing child care services on a regular basis. The term includes a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that is licensed, regulated, or registered under State law as described in section 9858c(c)(2)(E) of Title 42; and satisfies the State and local requirements, including those referred to in section 9858c(c)(2)(F) of Title 42. 

A licensed Doctor of Medicine, nurse practitioner, or other health care provider permitted to issue a certification for purposes of the FMLA. 

Please refer to Section 10 of the Human Resources Emergency Response Manual for additional information regarding the County Special Paid Leave. 

Our HR Professional Coaches will be available to work with you on an individual basis to assist you with any questions regarding interviewing.  Our coaches have all participated on interview panels and can speak from experience to provide you with information to help you in your interview.  We are able to provide “mock” interviews should you want to have some real practice time.  Additionally, S.E.E.K. staff can provide group sessions on how to successfully interview.

Your S.E.E.K. Coach will be working closely with Risk Management to refer you to a specialist in the Risk Management Division for all questions regarding benefits such as;  PERS, 401K, medical, dental, vision, etc.

No.  Our office welcomes the public to stop in during regular office hours.  However, with the exception of post sentence relief, we are unable to provide legal advice without first being appointed by the court to represent you.

Generally, clients are not required to pay for the services provided by the Public Defender.

Not necessarily. You can fill out the forms and file them yourself.

While you don’t need a lawyer, you may want one. You can hire a lawyer or our office is able to help you at no cost. To request assistance, please call us at (831) 755-5058, email us at askpubdef@co.monterey.ca.us or stop by our office at 168 W. Alisal, 2nd floor, in Salinas, California, to pick up a request form.

Not necessarily. But if you are unsure if you qualify, it is a good idea to consult a lawyer. Also, because sometimes evidence may be required to prove you qualify, a lawyer’s advice may be useful.

Not necessarily. The two-page form requesting expungement from the DOJ is straightforward to fill out. Once you complete the form, you mail it, along with the required records showing there is no legal basis for the government to keep your DNA.

Not necessarily, but we highly recommend having one. A lawyer can figure out your correct Tier, if you meet the MRP, and if you are otherwise eligible for relief. If the prosecution decides to challenge your petition, a lawyer can help argue to the judge to grant your petition.

Not necessarily. You can follow the steps without the help of an attorney. You may want to talk to a lawyer if you intend to apply for public office, become a peace officer, or obtain a professional license. You may qualify for other relief such as a “Certificate of Detention” or “Finding of Factual Innocence.”

While you don’t need a lawyer, you may want one. You can hire a lawyer or our office is able to help you at no cost. To request assistance, please call us at (831) 755-5058, email us at askpubdef@co.monterey.ca.us or stop by our office at 168 W. Alisal, Second Floor, in Salinas, California, to pick up a request form.

To get help, please fill out a Request for Assistance form. You can call us at (831) 755-5058 or visit us at 168 W. Alisal, 2nd floor, in Salinas, California, to pick up a form.

Once we receive your request, our lawyers will review your criminal history and create a plan for you. All your information will be kept confidential.

If you have multiple cases or older cases, you may want to get a copy of your DOJ Criminal History Report. The DOJ report will help us create a comprehensive plan. For instructions on getting your DOJ Criminal History Report, request a printed guide from our office.

You need to file a Petition for Certificate of Rehabilitation in the county where you currently live. If you live in Monterey County, you can get a copy of COR/Pardon packet from the Monterey Superior Court website, the Court Clerk’s Office, Probation Department or Public Defender’s Office.

If applying directly for a Governor’s Pardon, you can find detailed instructions and the required forms at www.gov.ca.gov.

Generally, at your first court appearance, you will complete a financial declaration provided to you by the court.  The court will review the document and determine whether or not you qualify for the services of the Public Defender.

You can ask the DOJ directly to expunge your DNA. Fill out the “Streamlined DNA Expungement Application Form” at http://ag.ca.gov/bfspdf/expungement _app.pdf along with certified copies of required court documents. Mail the form and certified documents to the address listed.

There is no cost to submit the form, but you may have to pay for the certified court documents. It will generally take 2-4 weeks for a response.

• Complete a petition for dismissal form for each qualifying case.
• Then submit the form to the Superior Court and District Attorney in the County where the conviction occurred.
• There is a $150.00 filing fee for cases where probation was granted. If probation was not granted the filing fee is $60.00.
• The filing fee may be waived by filing a Financial Declaration.

Starting July 1, 2021, you need to file a petition in court in the California county where you live. The courts are working on a specific form, but it is not ready yet.

You must attach proof you are currently registered to the petition. You can get proof of current registration from the law enforcement agency where you register. They must give you a free copy.

You must then serve a copy of the petition and a copy of your proof of current registration on the law enforcement agency and the prosecuting agency (generally, the district attorney’s office) of the county where you live.

If you were convicted in a different county than where you currently live, you must ALSO serve copies of the petition and proof of current registration on the law enforcement and prosecuting agencies in the county where you were convicted.

Complete a Petition for Resentencing/Reduction form for each case in which you have qualifying felony convictions. Then submit the form to the Superior Court and District Attorney in the County where the conviction occurred.

There is no fee to file for Prop.47 relief.

Generally, your Tier is determined by the offense for which you are required to register. However, there are some exceptions.

Starting January 1, 2021, you can ask the law enforcement agency where you register to tell you your Tier from the California Department of Justice records. Once you get this information, we strongly encourage you to contact the Fresh Start Program or a lawyer familiar with this area of law to confirm the information is correct. Tier placement is complicated and there are special rules for some people which could move them into a different Tier.

In the meantime, you may also apply to the Fresh Start Program. We will order your California Department of Justice Criminal History Report and try to figure out your Tier based on the information we receive. We may also be able to assist with other forms of criminal record relief.

The MRP begins the date you are released from custody on the registerable offense.

We don’t entirely know, but it will likely take a minimum of four months. Here is why.

Once you give your petition to the law enforcement agency, they have up to 60 days to investigate and send their report to the prosecuting agency and the court. (If during their investigation, the law enforcement agency finds information about a new conviction, they can ask for up to four more months to investigate before giving their report to the court and the prosecution agency.)

Once the prosecuting agency receives the report from the law enforcement agency, the prosecuting agency then has another 60 days to decide if they are going to agree or challenge your petition.

If the prosecuting agency agrees with your petition, they will notify the court and the court will need to review your petition and make the final decision.

If the prosecuting agency disagrees with your petition, they will notify the court and the court will need to have a court hearing to make a final decision.

Nothing. There is no court fee for filing a petition for PC290 Registration Relief.

We do not know. Each state has different rules for sex offender registration. We recommend you contact a public defender or lawyer in the state where you are considering relocating for advice.

The Department of Justice estimates they will have their records updated between 30-90 days after they receive the court order. The Department of Justice will send you a letter when the record has been updated.

Please call the Office of the Primary Public Defender at (619) (831) 755-5058 and ask to speak to someone from the Post-Conviction Relief Program. The Office of the Primary Public Defender will assist you even if you had an attorney from the Office of the Alternate Public Defender, a court appointed panel attorney, or you retained an attorney and now cannot afford to pay the attorney for assistance. You may also e-mail a question to askpubdef@co.monterey.ca.us.

NO! The law requires you to ask a judge if you can stop registering. You must first file a petition AND then have a judge say you no longer have to register before you can stop. Until a judge says you are no longer required to register, continue to register as required by PC290.

You may stop registering as soon as the judge signs the court order.

The Court will send the order to the Department of Justice. It may take some time for the court order to make it to the Department of Justice and for the Department of Justice to update their records. In the meantime, we recommend you keep a copy of the court order with you in case law enforcement questions you about your registration status.

The Department of Justice estimates they will have their records updated between 30-90 days after they receive the court order. The Department of Justice will send you a letter when the record has been updated.

• Possession
• Cultivation
• Possession with Intent to Sell
• Sales
• Transportation

• Expungement (Dismissal) of Criminal Convictions
• Prop. 47 Relief (Reclassifying Certain Low Level Felonies to Misdemeanors)
• Prop. 64 Relief (Reclassifying Certain Marijuana Crimes)
• Motions to Reduce Felony Convictions to Misdemeanors -Motions for Early Termination of Probation
• Certificates of Rehabilitation/
• Gubernatorial Pardons
• Gang Documentation Relief
• Human Trafficking Victim Conviction Relief
• DNA Database Expungement
• Correcting Errors in Department of Justice Criminal History Records

It Will:

• Result in the dismissal of the case;
• Allow you to answer on job applications that you have not been convicted. If, however, you are applying for a government job or a job which requires a government issued license, certificate of permit or a job which involves a security clearance, the conviction will be discovered;
• If the conviction was for a felony, it is the first step in obtaining a pardon.

It Will Not:

• Remove the conviction from your rap sheet. Your record will reflect a conviction and a dismissal pursuant to 1203.4;
• Allow you to omit the conviction on applications for government issued licenses;
• Seal or otherwise destroy the records
• Allow you to omit the conviction in response to any direct question contained in any questionnaire or application for public office, or for licensure by any state or local agency, or for contracting with the California State Lottery Commission.
• Relieve a person from the requirement to register as a sex offender.

There are three Tiers. The MRP for each Tier depends on if the case for which you are required to register happened in adult court or juvenile court.

MRP refers to the MINIMUM amount of time you must have registered to be eligible to petition for relief. It does not mean that is the maximum amount of time you have to register.

If the case for which you are required to register happened in adult court, the MRPs are:

If the case for which you are required to register was handled in juvenile court, the MRPs are:

*** There are special rules for some people which may allow them to petition early even if they have not met the MRP for their designated Tier. ***

We recommend you consult with a lawyer to determine your correct Tier. While the California Department of Justice is tasked with determining each persons’ Tier, it is a good idea to verify if the placement is correct. We also recommend you consult with a lawyer to determine if you may qualify to petition early. You may contact the Fresh Start Program for assistance.

• Keep your registration current
• Stay out of trouble
• Contact 'Post-Conviction Relief' to get advice on which Tier you may be in and your estimated MRP end date.

Being convicted of failing to register and/or spending time in jail and/or prison may mean you have to wait longer to be eligible to petition for PC290 registration relief.

Convictions for failure to register will extend your MRP.

If you have misdemeanor failure to register convictions your MRP will be extended by one year for each failure to register conviction. For example, if you are in Tier I, your MRP would be 10 years. If, however, you have had two failure to register misdemeanor convictions, 1 year is added to your MRP for each conviction. Thus, your MRP would now be 10 + 1 + 1 = 12 years.

If you have felony failure to register convictions, your MRP will be extended by three years for each felony failure to register conviction. For example, if you are in Tier I, your MRP would be 10 years. If, however, you have two felony failure to register convictions, 3 years is added to your MRP for each conviction. Thus, your MRP would now be 10 + 3 + 3 = 16 years.

We recommend you contact the Fresh Start Program so we can assist you in determining if your MRP has been extended.

Time spent in jail or prison may not count toward your MRP.

If you spent time in jail or prison for any offense (including probation violations/parole violations/etc.) after you were ordered to register, that time does not count toward the MRP. This process is called tolling.

For example, if you have been registering for 10 years, but during those 10 years you were in jail for a year, the year in jail does not count toward your MRP. You would need to wait another year to be eligible to petition for PC290 registration relief.

The tolling only happens if a judge ordered you to serve time in jail or prison or actually found you in violation of probation, parole, mandatory supervision, or post release community supervision. So, if you were arrested, served a couple of days in jail, and then released and you were never prosecuted for that arrest, these days will not toll your MRP. If you were arrested and prosecuted, but the case was dismissed or you were found not guilty, these days you spent in jail will not toll your MRP. But, if you were convicted or found in violation of probation, parole, mandatory supervision, or post release community supervision, any time you spent in jail or prison for that conviction or violation will not count toward your MRP.

Tolling can be complicated to figure out. We recommend you contact the Fresh Start Program so we can estimate any tolling which may apply to you.

• Second Degree Burglary (PC§459).
• Forgery (PC §§470(a), (d); 473; 475(a), (b)(c); 476).
• Fraud/Bad Checks (PC §476(a));
• Theft (PC §§ 487(b), (c), (d)(1), (d)(2); 487a; 484e(a), (d); 503; VC §10851).
• Petty theft with a prior (PC §484/666).
• Receiving stolen property (PC § 496(a)).
• Possession of Controlled Substances for Personal Use (HS §11350 & 11377).
• Possession of Concentrated Cannabis for Personal Use (HS § 11357(a)).

• Demonstrate your rehabilitation which may improve housing/job opportunities;
• Enhance your potential for licensing consideration by a state board;
• Relieve some (but not all) sex offenders of further duty to register;
• Serve as an automatic application and recommendation for a Governor’s pardon.

• It allows someone who has been convicted of a crime to serve on a jury;
• It can allow restoration of firearm rights, upon federal approval, to specified offenders if granted a full and unconditional pardon, unless the conviction was for a felony involving the use of a dangerous weapon;
• It allows a felon to be considered for appointment as a county probation officer or state parole agent, but not to other law enforcement positions;
• It allows specified sex offenders still required to register after obtaining a COR to be relieved of their duty to register if granted a full and unconditional pardon.

If your previous marijuana conviction is for something no longer a crime, the case will be dismissed and all court, DOJ, and arrest records will be sealed.

If your previous conviction was a felony offense which was made a misdemeanor by Prop.64, your conviction will be reduced to a misdemeanor.

If your previous conviction was an offense made an infraction by Prop.64, it will be reduced to an infraction for all purposes.

The law enforcement agency will research your case to see if you meet the MRP for your Tier and if you meet the other eligibility requirements (that is, you are not on any kind of supervision, you do not have any pending cases which could extend your tier status, you are in custody) (Click for more information on eligibility: Who is eligible for PC290 Registration Relief?).

The law enforcement agency has 60 days from the day you give them the petition to give their report to the court and the prosecution agency. (If during their investigation, the law enforcement agency finds information about a new conviction, they can ask for up to four more months to investigate before giving their report to the court and the prosecution agency.)

Once the prosecution agency receives the report from the law enforcement agency, the prosecuting agency then has another 60 days to decide if they are going to agree or challenge your petition.

The prosecution agency may challenge the petition if they believe:

• you have not met the MRP; or
• you are ineligible because you are on some kind of supervision (probation, parole, mandatory supervision, post release community supervision); or
• you are ineligible because you are in custody; or
• you are ineligible because you have pending charges which could extend your MRP or change your Tier; or
• you did not file and serve your petition correctly; or
• “community safety would be significantly enhanced by” your continued registration.

If the prosecution does not challenge the petition AND you otherwise meet the qualifications, the judge must grant your petition.

If the prosecution challenges the petition, the judge will decide if you may stop registering.

If the judge decides not to end your registration requirement, you must keep registering.

You may be able to petition again later. The judge is required to tell you how long you must wait before you can petition again. The judge can tell you to wait anywhere from 1 to 5 years from the date the judge denies your petition. The judge must explain why you must wait.

While you do not need a lawyer, you may want one. You may hire a lawyer, or our office may be able to help you at no cost. Our experienced attorneys will review your entire record and determine what relief you are eligible for. Some petitions for PC290 Registration Relief are more complicated and the judge needs to see additional information to make a decision. Our office can assist you by researching your record, confirming which Tier you should be in, determining if you meet the minimum registration period, writing petitions, motions and declarations, filing petitions, motions, and declarations in court, serving the petition on the prosecutorial and law enforcement agencies, and appearing in court, if necessary, to argue for the PC290 Registration Relief.

If you would like our office to assist you, fill out and submit the Post-Conviction Relief Program Request for Assistance form.

You may e-mail, fax, mail, or drop off your request form.

Office of the Public Defender                                             E-mail: BoylanEE@co.monterey.ca.us & HernandezG5@co.monterey.ca.us

Post-Conviction Relief Program                                         Fax: (831)755-5873 (Attn: Post-Conviction Relief Program)
168 W. Alisal St 2nd Floor,
Salinas, CA 93901

Sometimes, particularly if the conviction for which you are required to register is from a different state, the Department of Justice may need more time to figure out your Tier. The law allows them to put you in a “to be determined” category and gives them up to two years to figure it out.

You may then ask a judge to do it. You need to fill out a “Petition for Expungement of DNA Profiles and Samples.” at www.courts.ca.gov/documents/cr185.pdf File the petition in the court where the case happened. There is no fee.

Serve the Petition on the DOJ and prosecutor. The court will schedule a hearing where you will need to show the judge that you meet all the requirements

Certificate of Rehabilitation (COR) is a court order declaring a person convicted of a crime is now rehabilitated. It is generally the second step in cleaning up a record for those who were convicted of felonies but had the case dismissed/expunged or the first step for those who were convicted of felonies and were sent to state prison. People convicted of a limited number of misdemeanor sex offenses may also apply for a COR. Note: getting a COR does not seal or remove anything from your record but it may help with applying for work, housing, and professional licenses.

As a general rule, if you were convicted of a felony or certain misdemeanor sex crimes you may apply to the Superior Court in the county where you live for a COR, provided you meet the legal requirements of demonstrated rehabilitation.

A COR, if granted, automatically becomes an application for a Governor’s Pardon. The Governor’s receipt of a COR is not a guarantee that a pardon will be granted.

Law Enforcement can collect DNA samples from certain individuals. In California, law enforcement can keep the DNA of anyone convicted of a felony or anyone required to register as a sex or arson offender. The DNA sample is put into a DOJ database called CAL-DNA.

If there is no legal basis for the DOJ to keep your DNA sample and profile, you can request the sample be destroyed and your profile erased from the database.

Starting January 1, 2021, instead of lifetime sex offender registration, California will have a tiered registration system. Depending primarily on the conviction for which a person was ordered to register, registrants will be placed into one of three Tiers. Each Tier has a different minimum length of registration. Registration times are called the “Minimum Registration Period” (MRP).

If a person meets the requirements for registration relief and has met the minimum registration period for their Tier, they will be able to petition the court for permission to stop registering.

You may submit a petition for PC290 registration relief on or after your next birthday after July 1, 2021.

This law is still changing. We will post changes on this website as we learn of them. We recommend checking back for updates.

November 4, 2014, California passed Proposition 47 (Prop.47), a law reclassifying some felonies as misdemeanors for most people. Prop.47 also allows most people who have qualifying felony convictions in their past to petition the court to reclassify those convictions as misdemeanors.

If a court grants a Prop.47 petition, the conviction is reclassified as a misdemeanor for all purposes, EXCEPT GUN OWNERSHIP. A Prop.47 reclassification WILL NOT restore your right to own or possess a gun.

Prop.47 does not remove the conviction from your record or dismiss/expunge the conviction. You should also consider filing for a dismissal/expungement if you are eligible.

Petitions must be filed no later than NOVEMBER 4, 2022.

November 8, 2016, California passed Proposition 64. It legalizes the responsible use of marijuana by those 21 and over and reduces the criminal penalties for most remaining marijuana offenses from felonies to misdemeanors and some from misdemeanors to infractions.

Prop.64 also allows most people previously convicted of most marijuana felonies to petition to have a judge reduce their felony convictions to misdemeanors. It also allows most people previously convicted of marijuana misdemeanors to have a judge reduce their convictions to infractions. Finally, it allows some individuals to have their prior convictions dismissed and sealed entirely.

An expungement is a dismissal of a previous conviction. Under Penal Code §1203.4, an expungement may be granted in any case in which a person was granted and successfully completed probation and all classes if mandated. This includes payment in full of all fines and restitution.

Penal Code §1203.4a provides similar relief to a person convicted of a misdemeanor but wasn’t granted probation. Relief is available under this section at any time after the lapse of one year from the date of sentencing, provided the person (i) fully complied with and performed the sentence of the court, (ii) is not presently serving a sentence, (iii) is not presently charged with any crime, and (iv) has, since being sentenced, lived an honest and upright life.

Felonies deemed wobblers, (offenses which may be charged as misdemeanors or felonies), may be reduced to misdemeanors in conjunction with a motion for expungement. Penal Code §17(b) provides for such relief, in certain cases.

We strongly encourage you to contact the Fresh Start Program or a lawyer familiar with this area of law to confirm your Tier placement. Tier placement is complicated and there are special rules for some people which could move them into a different Tier. We may be able to go to court for you to correct the information.

• Hide the arrest from public view;
• Seal your arrest record, police report, and related court records;
• Keep the sealed records from being disclosed to anyone other than criminal justice agencies and,
• deem the arrest to have never occurred, meaning you can honestly state you’ve never been arrested for the crime, except on applications for public office, employment as a peace officer, licensing by a state or local agency, or contracts with the California Lottery.

If you are granted PC290 registration relief, you will no longer be required to register in California.

If information about you is posted on the Megan’s Law website, it will be removed.

• Guarantee you will not have to register in another state if you move out of California
• Dismiss your case
• Expunge your case
• Reduce your case to a misdemeanor
• Seal your case
• Take the case off your record
• Restore your rights to own or possess a firearm or ammunition

• Stop a prosecutor from using the information against you if you get into trouble in the future;
• Keep the records from being used by any criminal justice agency in the same way allowed if the records had not been sealed;
• restore gun rights.

If your MRP is over and it has not been extended because of later failure to register convictions or time in jail or prison, you may file a petition starting July 1, 2021.

The courts will not accept petitions until July 1, 2021. If you try to file a petition before that date, the court will not take it.

If you live in California, you must file the petition with the court in the county where you LIVE. If you live in Monterey County, file:

• A petition based solely on a juvenile case requiring registration: Monterey County Juvenile Justice Court, 1422 Natividad Rd, Salinas, CA 93906
• A petition based on adult case: Monterey County Superior Court, 240 Church St, Salinas, CA 93901.
• The court will start accepting petitions JULY 1, 2021.You cannot file a petition before that date.

You must give a copy of the petition to:

• the prosecuting agency (generally district attorney) in the county where you LIVE; and
• the law enforcement agency where you register.

If your case was prosecuted in a California county different from where you live, you must also give a copy of the petition to:

• the prosecuting agency (generally district attorney) in the county where you were convicted; and
• the law enforcement agency in the county where you were convicted.

Failure to give your petition to the correct court, prosecuting agencies or law enforcement agencies will delay or even make your petition invalid.

If you live outside California or if the conviction for which you are required to register occurred in a different state, the procedures are still being worked out. We will update this website as we learn more.

• Those who were convicted of a felony and sent to prison
• Those who were convicted of the following sex related offenses: Penal Code §§286(a), 288, 288a(c), 288.5, 289(j) and a felony conviction for 261.5(d)
• Those who were convicted of the following Vehicle Code offenses: §§2800, 2801 and 2803.
• Those who are currently serving a sentence and/or on probation.

You may be eligible if:

• You have registered for the Minimum Registration Period (MRP) for your Tier (including any extensions and pauses); and
• You are not in custody; and
• You are not on any parole, probation, mandatory supervision, or post release community supervision; and
• You do not have pending charges which could extend the MRP or could change your Tier status; and
• Your registration is current.

You are not yet eligible if:

• You have not completed the MRP for your Tier (including any extensions and tolling); or
• You are in custody; or
• You are on any parole, probation, mandatory supervision, or post release community supervision; or
• You have pending charges which could extend the MRP or could change your Tier status.

• Persons with any felony conviction or juvenile felony adjudication. Also, if you have a conviction in another state which would be a felony in California;
• Persons who were ever required to register as a sex or arson offender;
• Persons with a pending case which would allow law enforcement to collect your DNA.

You must wait a MINIMUM of

seven years or longer, depending upon the crime, after your release from custody before you can apply. During this time, you must show you stayed out of trouble and lived the life of an upstanding citizen.

There are certain crimes which are ineligible for a COR. If you are currently in the military or live outside California you are ineligible for a COR, however you may be eligible to apply for a direct pardon.

For more information on eligibility call us at (831) 755-5058, email us at askpubdef@co.monterey.ca.us, or visit us on the second floor of 168 W. Alisal St. in Salinas, California.

You may be eligible if:

• You were arrested, but the prosecutor never filed criminal charges, or
• You were charged with a crime, but had your case dismissed in court; or,
• You were acquitted by a jury; or,
• You successfully appealed your case and can no longer be prosecuted.

You are not eligible if:

• You were convicted (by guilty plea, no contest plea, or trial); or
• You could still be charged because your case is within the statute of limitations; or,
• You intentionally evaded law enforcement to avoid prosecution.

• Your DNA was collected when you were arrested, but no charges were ever filed;
• Your DNA was collected when you were arrested for a felony, but only misdemeanor charges were later filed;
• Your DNA was collected but the case was dismissed, you were found “not guilty”, or your conviction was overturned on appeal and dismissed;
• Your DNA was collected for a case for which you later successfully completed a diversion program or DEJ;
• You were found factually innocent of the underlying offense pursuant to Penal Code §851.8, or Welfare & Institutions Code §781.5

Maybe. The court process is still being worked out.

The prosecutor may request a hearing if the prosecutor concludes that:

• you have not met the MRP; or
• you are ineligible because you are on some kind of supervision (probation, parole, mandatory supervision, post release community supervision); or
• you are ineligible because you are in custody; or
• you are ineligible because you have pending charges which could extend your MRP or change your Tier; or
• you did not file and serve your petition correctly; or
• “community safety would be significantly enhanced by” your continued registration.

At the hearing, the judge will review appropriate information to decide if you may stop registering.

Yes, there are exemptions. The Local Ordinance states:

No tax shall be imposed upon:

1. Any person as to whom, or any occupancy as to which, it is beyond the power of the county to impose the tax provided for in this chapter;
   
   
2. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty;
   
   
3. Any person for whom emergency housing is provided pursuant to a voucher issued by a non-profit, tax exempt agency or organization;
   
   
4. Employees of insurance companies while performing insurance-related business. This exemption shall apply only to those insurance companies which do business in California and which pay the California State Gross Premiums Tax annually pursuant to California Constitution Article XIII, Section 28, in lieu of all other taxes.
   
   
5. Employees of federal credit unions while performing credit union business.

 This exemption shall apply only to those credit unions organized and operating under the Federal Credit Union Act.

No exemption shall be granted except upon a claim for exemption made at the time rent is collected, and under penalty of perjury, upon the Monterey County Exemption form.

Federal employees on official business are eligible for exemption from the tax. The exemption claim shall not be approved unless the person requesting the exemption shows satisfactory credentials reflecting current performance of official duties.

6.  A copy of the credentials of the person requesting the exemption shall be attached to each exemption claim; 
   
   Federal Law prohibits the copying of military identification cards/badges in U.S. Code Part 1, Title 18, Chapter 33, Section 701. Acceptable credentials for the purpose of the County of Monterey Exemption Claim form are photocopies of a passport, a State issued drivers license or other form of photo identification, a business card or a copy of their federal orders with the name and title of the traveler.


7. separate exemption claim must be filed for each occupied room subject to rental for which the exemption is requested.
   
   State and local government employees, contractors, federal government chartered companies, and subcontractors of any level of government are not eligible for exemption from the tax.

Any operator aggrieved by any decision of the tax collector with respect to the amount of tax, interest and penalties, if any, due under this chapter of the Local Ordinance may appeal to the Board of Supervisors by filing a notice of appeal with the county clerk within fifteen days of the serving or mailing of the determination of tax due. The Board of Supervisors shall fix a time and place forhearing such appeal, and the county clerk shall give notice in writing to such operator at the last known place of address. The finding of the Board of Supervisors shall be final and conclusive and shall be served upon the appellant in the manner prescribed by this chapter of the Local Ordinance for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.

(Ord. 3668, 1993; Ord. 1404, Section 12, 1965.)

The Operator may appear at a hearing and offer evidence why such specified tax, interest and penalties should not be so fixed. After the hearing, the tax collector shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed in this chapter of the Local Ordinance of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen days unless an appeal is taken as provided in Section 5.40.130 of the Local Ordinance.

(Ord. 3668, 1993; Ord. 1404 Section 1965.)

Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the county, it may be refunded as provided in subsection B and C of this section of the provided a claim in writing, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax collector within three years of the date of payment. The claim shall be on forms furnished by the tax collector.

An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in manner prescribed by the tax collector that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.

If any operator liable for any amount under this chapter sells or quits their business, the successors or assignees shall withhold a sufficient portion of the purchase price to cover the amount for which the operator is liable until the former owner produces either a receipt from the tax collector showing that payment has been made or a certificate stating that no amount is due.

(Ord 3668, 1993; Ord. 1404, Section 10, 1965.)

Yes. Within thirty days after commencing business, each operator of any hotel renting occupancy to transients shall register said hotel with the tax collector and obtain from the tax collector a transient occupancy registration certificate, to be at all times posted in a conspicuous place on the premises. The certificate shall, among other thing, state the following:

1. The name of the operator;
2. The address of the hotel;
3. The date upon which the certificate was issued;
4. “This Transient Occupancy Registration Certificate” signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the tax collector for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the tax collector. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this county. This certificate does not constitute a permit.

(Ord. 3668, 1993; Ord. 1404 Section 6, 1965.) 

If you send your payment by a courier service that does not deliver to a United States Postal Service Post Office Box, you should send your payment, along with a completed Transient Occupancy Tax Quarterly Return Form, to:

Monterey County Treasurer - Tax Collector
168 West Alisal St, 1st Floor
Salinas CA 93901

Please make your check payable to the Monterey County Treasurer - Tax Collector.

The TTC makes available to all operators the required Monterey County Exemption Claim form through which eligible transients may claim an exemption from the TOT. The form should be completed by the transient and filed with the operator before the time rent is collected from the transient. Original exemption claim forms and all supporting documents must be retained by the operator for a period of three years in accordance with Section 5.40.140 of the Local Ordinance.

No exemption shall be granted except upon a claim for exemption made at the time rent is collected, and under penalty of perjury, upon the Monterey County Exemption form.

Original Delinquency: Any operator who fails to remit any tax imposed by this Chapter within the time required shall pay a penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax.

Continued Delinquency: Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten (10) percent of the amount of the tax, calculated on a non-compounding basis, in addition to the amount of the tax and the ten (10) percent penalty first imposed.

Fraud: If the Tax Collector determines that the nonpayment of any remittance due under chapter is due to fraud, a penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in addition to the penalties stated in Subsections A and B of this Section of the Local Ordinance.

Interest: In addition to the penalties imposed, any operator who fails to remit any tax imposed by this Chapter within thirty (30) day of delinquency shall pay simple interest at the rate of one and one half percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent.

Penalties Merged With Tax: Every penalty imposed and such interest as accrues under the provisions of this Section shall become a part of the tax required by this Chapter of the Local Ordinance to be paid.

(Ord 5073, 2007; Ord. 3668, 1993; Ord. 1404 Section 8, 1965.) 

Local Ordinance (Chapter 5.40) provides that the County of Monterey collect Transient Occupancy Taxes for the unincorporated areas of the county. This tax is commonly known as “TOT” and is also called “Hotel tax”, “Room tax” or "Bed tax."

 The unincorporated areas in the County of Monterey include popular tourist destinations such as: Pebble Beach, Carmel Valley and the Big Sur Coast.

TOT applies to transient stays up to 30 days. 

Each operator, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the tax collector, shall make a return to the tax collector, on forms provided by the TTC, of the total rents charged and the amount of tax imposed thereon by Section 5.40.030 of the Local Ordinance. The tax must be received by the tax collector’s office by the due date.  A postmark will not be accepted as timely remittance. At the time the return is filed, the full amount of such tax shall be remitted to the tax collector. The tax collector may establish shorter report periods for any certificate holder if it is determined necessary to ensure collection of the tax and additional information may be required beyond what is required by the return.

Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators shall be considered public monies at the time of collection and separate property of the county and shall be held in trust for the account of the county until payment thereof is made to the tax collector.

In the event a federal, state or local declared disaster affecting the unincorporated area of Monterey County results in the physical impairment of public infrastructure, including, but not limited to, roads, streets, and other public highways, and such impairment prevents public access to hotel facilities covered by this chapter, the tax collector may extend the period of time, without penalty, for reporting and remitting taxes. In such instances, the reporting date and payment date shall extend to the end of the month after the next succeeding calendar quarter following the expiration date of the declared disaster.

A copy of the transient occupancy tax payment schedule can be found here.  Below is a quick reference of the fiscal quarters and the corresponding tax payment due dates for transient occupancy tax, which you may find helpful.

(Ord. 3759, 1994; Ord. 3668, 1993; Ord. 1607 (part), 1968; Ord. 1404 Section 7, 1965.) 

You should mail your payment, along with a completed Transient Occupancy Tax Quarterly Return Form, to:

Monterey County Treasurer - Tax Collector
P.O. Box 891
Salinas CA 93902

Please make your check payable to the Monterey County Treasurer - Tax Collector.

“Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.

(Ord. 5073 2007; Ord. 3668, 1993; Ord 3651 section 1, 1992) 

Drought Operations Technical Advisory Committee (D-TAC)

Monterey County Water Resources Agency website:

https://www.co.monterey.ca.us/government/government-links/water-resources-agency