California, United States of America
The following excerpt is from People ex rel. Deputy Sheriffs' Assn. v. County of Santa Clara, 49 Cal.App.4th 1471, 57 Cal.Rptr.2d 322 (Cal. App. 1996):
From this compilation of the duties of the chief probation officer and the sheriff, we see that the chief probation officer's duties in no way comprehend the care and custody of untried and unsentenced adults and adults committed under civil or federal order or process. Consequently, County's subordination of corrections to probation required the chief probation officer to perform duties which in general law he is not authorized to perform. Since offices are incompatible when " 'the holder cannot in every instance discharge the duties of each' " (People ex rel. Chapman v. Rapsey, supra, 16 Cal.2d at p. 641, 107 P.2d 388, citation omitted), the consolidation is invalid.
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