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City Charter
 
The Charter Of The City Of Santa Clara, California
 
Article I. Name of City Article X. Appointive Boards and Commissions
Article II. Boundaries Article XI. Civil Service
Article III. Succession
Article IV. Powers
Article V. Form of Government Article XIV. Franchises
Article VI. The Elective Officers Article XV. Reserved
Article VII. The Council Article XVI. Reserved
Article VIII. City Manager, Ordinances, Meetings
Article IX. Officers and Employees Article XVIII. Miscellaneous
 
Article IX. Officers and Employees
Sec. 900 Officers to be appointed by the City Council and by the City Manager.


In addition to the City Manager, the City Council shall appoint and affix the compensation for the City Attorney and City Auditor who shall serve at the pleasure of the City Council and may be removed by motion of the City Council adopted by at least four affirmative votes.

All other officers and department heads of the City shall be appointed by the City Manager and shall serve at the pleasure of the City Manager at compensation fixed by the City Council. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 901 Other appointive officers.

The City Council may provide by ordinance for the creation, consolidation or abolishment of the City departments or offices, not specifically enumerated in this Charter. Each department so created shall be headed by an officer as department head who shall be appointed by the City Manager.

Sec. 902 Appointive officers; duties.

Each appointive officer shall perform the duties imposed upon him/her by this Charter, by ordinance, or resolution and, if under jurisdiction of the City Manager, shall perform such other duties relating to his/her office as may be required of him/her by the City Manager. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 903 City Clerk; powers and duties.

The City Clerk shall have the power and be required to:
(a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purposes;
(b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter;
(c) Maintain separate books, in which a record shall be made of all written contracts and official bonds;
(d) Keep all aforementioned books properly indexed and open to public inspection when not in actual use;
(e) Be the custodian of the seal of the City;
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; and
(g) Have charge of all City elections.
 

The City Council may, in its discretion, appoint any other officer or employee of the City as City Clerk and grant such person additional compensation for the performance of such duties.

Sec. 904 Director of Finance.

There shall be a department of finance; the head of which shall be the Director of Finance, who as determined by the City Council, shall be, or be appointed by, the City Manager. The Director of Finance under the supervision of the City Manager shall have charge of the administration of the financial affairs of the City, including the financial affairs of the City-owned public utilities, and he/she shall have power and be required to:
(a) Compile the budget expense and capital estimates for the City Manager;
(b) Supervise and be responsible for the disbursement of all monies and have control over all expenditures which have been budgeted;
(c) Maintain a general accounting system for the City government and of its offices, departments and agencies; keep books for, prescribe the financial forms to be used by and exercise financial budgetary control over each office, department or agency;
(d) Submit to the City Council, through the City Manager, a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City;
(e) Prepare for the City Manager, as of the end of each fiscal year, a complete financial statement and report;
(f) Collect all taxes, special assessments, utility charges, license fees and other revenues of the City for whose collection the City is responsible except City taxes collected by the County and as provided in Section 1306, and receive all money receivable by the City from the State or Federal government, or from any court, or from any office, department or agency of the City;
(g) Receive and have custody of all monies receivable by the City from any source;
(h) Deposit all monies received in such depositories as may be designated by resolution of the City Council or, if no resolution be adopted, by the City Manager, and in compliance with all the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds; and
(i) Have custody of all investments and invested funds of the City government, or in possession of such government in a fiduciary capacity, and have the safe?keeping of all bonds and notes of the City and the receipt and delivery of City bonds and notes for transfer, registration or exchange. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
 

Sec. 905 City Engineer and Department of Public Works.

(1) City Engineer. The City Engineer shall be a Registered Professional Engineer in the State of California, and he/she shall have the power and be required to:
(a) Supervise and be responsible for all City engineering work, including the preparation of engineering maps, surveys, and designs.
(b) Perform such other duties as the City Council may from time to time prescribe, either by ordinance or resolution; and
(c) On vacating the office, surrender to his/her successor all maps, plans, field notes and other records and memoranda belonging to the City and pertaining to his/her office and the work thereof.
 

(2) Director of Public Works and Utilities. The Director of Public Works and Utilities, who may be the City Engineer, shall, under the supervision of the City Manager, be in charge of the administration of such departments of the City, including engineering and utilities, as are or may be from time to time designated by the City Council. (As amended 1965 Statutes, Senate Concurrent Resolution No. 74, Chapter 101; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 906 Chief of the Police Department.

The Chief of Police shall have power and be required to:
(a) Preserve the public peace;
(b) Execute and return all process issued to him/her by legal authority; and
(c) Exercise all the powers that are now or may hereafter be conferred upon sheriffs and other police officers by the laws of the State. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
 
Sec. 907 Chief of the Fire Department.

The Chief of the Fire Department shall have the power and be required to:
(a) Supervise all matters relating to the prevention and extinguishing of fires and the protection of all property impaired thereby; and
(b) Make frequent inspection of all property within the City to enforce fire prevention regulations.
 
Sec. 908 City Attorney.

There shall be a City Attorney who shall have the power and be required to:
(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices;
(b) Represent and appear for the City and any City officer or employee or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee in or by reason of his/her official capacity, is concerned or is a party, but the City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein;
(c) Attend all meetings of the City Council and give his/her advice or opinion in writing whenever requested to do so by the City Council, or by any of the boards or officers of the City;
(d) Approve the form of all bonds given to and all contracts made by the City, endorsing his/her approval thereon in writing;
(e) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto;
(f) Prosecute on behalf of the people all criminal cases for violation of this Charter and of City ordinances; and
(g) On vacating the office, surrender to his/her successor, all books, papers, files, and documents pertaining to the City's affairs.
 
To be eligible for appointment as City Attorney, the appointee shall have been admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the active practice of law for at least four years immediately prior to his/her appointment. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 909 City Auditor.

The City Auditor shall audit and approve all bills, invoices, payrolls, demands or charges against the City government before payment and, with the advice of the City Attorney, advise the City Council as to the regularity, legality and correctness of such claims, demands or charges.

The City Council may, in its discretion, appoint any other officer or employee of the City as City Auditor and grant such person additional compensation for the performance of such duties.

Sec. 910 Administrative Code.

Within six months after the adoption of this Charter, the Council shall adopt by ordinance an administrative code providing for a plan of administrative organization of the City government, which will cover all matters concerning the powers, duties, term of office, procedure of all the officers, boards and commissions, and employees of the City; provided, however, that the provisions of said code shall not be in conflict with any of the provisions of this Charter. This administrative code will cover all rules and regulations relating to fiscal operations, personnel management, election procedure, and other matters concerning the operation of the functions of the City government.

Sec. 911 Official bonds.

The City Council shall fix by ordinance the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk, except the City Clerk's bond which shall be filed with the City Manager. Premiums on official bonds shall be paid by the City.

In all cases wherein an officer or employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon, or right to recover against, his/her superior officer, or the bond of the latter, for any wrongful act or omission of the former, unless such superior officer was a party to, or conspired in, such wrongful act or omission. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 912 Oath of office.

Each member of the City Council, of every board and commission, and each officer and department head, before entering upon the discharge of the duties of his/her office shall take, subscribe to and file with the City Clerk the following oath of affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter." (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)