Background

Since 1952, Section 600 of the City Charter has required the positions of Chief of Police and City Clerk to be elected by Santa Clara voters and  the City Charter can only be amended by Santa Clara voters.  To qualify for these elected positions, candidates must be residents and “qualified registered elector[s]” of the City of Santa Clara and must have been a resident of the City for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office. 

In contrast, in agencies where the positions of Chief of Police and City Clerk are appointed, these positions can only be selected, directed, and removed by the appointing authority which can either be the Mayor and City Council or the City Manager.  

The City of Santa Clara is the only city in the State of California to elect its Chief of Police. In the case of City Clerk positions, there are both elected and appointed positions with a recent trend toward appointments as the functions of the City Clerk have become more administrative in nature due to the increase in sunshine, transparency, and public information laws that require greater public access to official documents.   

Chief of Police 

In the year 2000, Santa Clara voters approved an amendment to the City Charter requiring that candidates for the position of Chief of Police must also meet the minimum eligibility and qualification requirements imposed by state law upon candidates for the office of Sheriff (Gov Code §24004.3)

These requirements are as follows:  

(1) An active or inactive advanced certificate issued by the Commission on Peace Officer Standards and Training.  

(2) One year of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing and possesses a master's degree from an accredited college or university. 

(3) Two years of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing and possesses a bachelor's degree from an accredited college or university. 

(4) Three years of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing and possesses an associate in arts or associate in science degree, or the equivalent, from an accredited college.  

(5) Four years of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing and possesses a high school diploma or the equivalent 

The City Charter defines the powers of the Chief of Police as follows:  

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.

It is important to note that under the City Charter, it is the City Manager who serves as the Chief Executive Officer responsible for the proper administration of all City departments including the Police Department. It is the City Manager who is responsible for the appointment and removal of employees in the Police Department. As such, the two Assistant Police Chiefs who oversee the day-to-day operations of the Police Department are selected by and report to the City Manager while working with the Chief of Police to assist him/her in fulfilling their powers and responsibilities as described in the City Charter. 

Under State law, the position of Sheriff must be an elected position. However, there is no State law that pertains to the position of Chief of Police. Consequently, the Chief of Police can either be an elected or an appointed position. The City of Santa Clara has chosen to have an elected Chief of Police and remains the only city in the State of California that currently elects its Chief of Police. 

City Clerk 

State law requires every city to have a City Clerk; however, cities can choose to either elect or appoint its City Clerk. Other than the general requirements for an elected official, the Charter for the City of Santa Clara currently does not specify whether the position should be full-time or part-time nor does it describe any particular minimum requirements for serving as the City Clerk.  

At present, the position of City Clerk is a part-time position. In 2018, the City Council adopted an ordinance that defined the powers of the elected City Clerk to be limited to: 

1. Custodian of the seal of the City; 

2. Have charge of all City elections. 

The remaining functions of the Office of the City Clerk were assigned to the full-time, appointed Assistant City Clerk who is responsible for the following: 

a) The recording and maintaining of a full and true record of all the proceedings of the City Council. 

b) Publishing and attesting the publication of all official notices. 

c) Administering oaths or affirmations and taking affidavits and depositions pertaining to the affairs of the City. 

d) The issuance of certified copies of official records as required and requested. 

e) Officially recording the rights, titles and interests in all real properties acquired by the City. 

f) The handling of all Council correspondence unless otherwise specifically designated. 

g) Preparation of the agenda and supplemental material for Council meetings in cooperation with the City Manager and City Attorney. 

h) Routing Council assignments to the respective officers having primary responsibility for their execution. 

i) Duplicating and distributing the minutes, ordinances, resolutions, policies and orders of the City Council to the various boards, commissions and administrative officers. 

j) And other duties in the absence of the elected City Clerk 

These changes were made to align the growing need for day-to-day professional administrative support with staff who possess the requisite skills and training. In taking this action, the Council set a requirement that the Assistant City Clerk be required to acquire the proper Municipal Clerk certification.  

2023 Charter Review Committee 

The Santa Clara City Council established the 2023 Charter Review Committee to evaluate whether the current provisions for an elected Chief of Police and/or City Clerk should be amended. In doing so, the Council asked the Committee study and seek community input on the following: 1) Should an amendment be placed before the voters that would change one or both of the positions from elected to appointed. 2) If so, should the appropriate appointing authority be the Mayor & City Council or the City Manager; 3) If the position(s) are to remain elected, is there a need to amend the qualifications or minimum requirements for those seeking to fill the elected positions. The Committee was charged with soliciting input from the Committee on these issues and providing their recommendations to the City Council in November 2023 for possible consideration of a ballot measure in 2024. For more information on the history of the Chief of Police and City Clerk in Santa Clara, please see the “Related Background Materials” section listed below. To stay informed about the work of the 2023 Charter Review Committee, please subscribe to City news at the bottom of this page.