REPORT TO CHARTER REVIEW COMMITTEE
SUBJECT
Title
Presentation on Prior Ballot Measures and Other Historical Information Related to the Positions of Police Chief and City Clerk
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The purpose of this item is to provide the Charter Review Committee (“Committee”) with an overview of how the positions of Police Chief and City Clerk are chosen and function within the City of Santa Clara. Information provided includes summaries of key applicable City Charter and Municipal Code provisions, prior ballot initiatives, as well as historical information related to the separation of duties between the elected City Clerk and appointed Assistant City Clerk that occurred in 2018 is also provided.
DISCUSSION
Elected Positions
Pursuant to Section 600 of the City Charter, since 1952 the positions of Police Chief and City Clerk have been elected positions within the City of Santa Clara.
Qualifications
Both Positions
Similar to requirements imposed on Mayor and Councilmember, to qualify for election and to hold office, both the Police Chief and the City Clerk must be “residents” and “qualified registered elector[s] of the City.” [See Charter Section 600]
Additional Requirements for the Police Chief
In March 2000, Santa Clara voters passed Measure I to amend the City Charter to require
that candidates for the elected office of Chief of Police meet the minimum eligibility and
qualification requirements imposed by State law upon candidates for the Office of Sheriff.
Those requirements are as follows:
Gov Code §24004.3.
(a) No person is eligible to become a candidate for the Office of Sheriff in any county unless, at the time of the final filing date for election, he or she meets one of the following criteria:
(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 .
(b) All persons holding the Office of Sheriff on January 1, 1989 shall be deemed to have met all qualifications required for candidates seeking election or appointment to the Office of Sheriff
Role and Functions
Police Chief
The role of the Police Chief is defined in Section Sec. 906 of the City Charter 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.
Chapter 2.80 of the City Code further defines the role of the Police Chief as follows:
2.80.010 Organization generally - Chief of Police.
The Police Department shall be under the direct supervision of the Chief of Police who shall be elected by the voters for a term of four years. The Police Department shall be organized into the divisions as provided in this chapter. (Ord. 947; Ord. 1150 § 2, 10-11-66. Formerly § 2-55).
Charter reference - Duties and powers of Chief of Police, Charter § 906.
City Clerk
The role of the City Clerk is defined in Section 903 of the City Charter as follows:
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.
Importantly, Section 903 of the City Charter also authorizes the City Council to provide that some or all of the City Clerk’s duties be fulfilled by an employee that they themselves appoint.
In February 2018, the elected position of City Clerk became vacant the City Council considered various options to fill the vacancies. The staff report position can be found here <http://media.legistar.com/SantaClara/63911.html> (Agenda Item 8a on the February 13, 2018 Council Agenda). Ultimately, the City Council voted to fill the position temporarily by assigning responsibilities to an appointed City Clerk and calling for an election to fill the position in November 2018. The report assigning duties to an appointed City Clerk can be found here. <https://santaclara.legistar.com/LegislationDetail.aspx?ID=3484615&GUID=C01AFE2C-6A42-4AC0-953F-140FC361F1CE> A second report Calling for the Election of the City Clerk for the Partial Term Ending November 2020 can be found here. <https://santaclara.legistar.com/LegislationDetail.aspx?ID=3538139&GUID=00557EE4-02A3-4AC6-9E7A-1657C6E0259B>
The Municipal Code provisions regarding the City Clerk position implement the reserved powers provision of City Council such that that the elected City Clerk retains authority over the City seal and City elections, while an appointed Assistant City Clerk is in charge of all other City Clerk functions. As a result of the actions taken in 2018, the elected City Clerk’s duties and responsibilities are to:
(a) Be the custodian of the seal of the City;
(b) Have charge of all City elections.
The appointed Assistant City Clerk was assigned the following duties and responsibilities:
(a) The Assistant City Clerk shall assist the City Clerk in the performance of the Clerk’s duties and shall act for the City Clerk in his/her absence.
(b) The recording and maintaining of a full and true record of all the proceedings of the City Council.
(c) Publishing and attesting the publication of all official notices.
(d) Administering oaths or affirmations and taking affidavits and depositions pertaining to the affairs of the City.
(e) The issuance of certified copies of official records as required and requested.
(f) Officially recording the rights, titles and interests in all real properties acquired by the City.
(g) The handling of all Council correspondence unless otherwise specifically designated.
(h) Preparing of the agenda and supplemental material for Council meetings in cooperation with the City Manager.
(i) Routing Council assignments to the respective officers having primary responsibility for their execution.
(j) Duplicating and distributing the minutes, ordinances, resolutions, policies and orders of the City Council to the various boards, commissions and administrative officers.
Prior Related Ballot Measures
The following table summarizes prior ballot measures that have been considered by Santa Clara voters:
|
Ballot |
Measure |
Vote |
Text |
|
Nov. 1952 (general election) |
C- Elect Police Chief & City Clerk |
Yes - 3,538 No - 2,420 Measure Passes |
"Shall the Charter of the City be amended by adding a new section thereto to provide that the Chief of the Police Department and the City Clerk shall be elected officials instead of appointed officers? Said amendment also provides an election shall be held in 1953 to fill said office, and also in April 1955 and every four years thereafter." |
|
Nov. 1972 (general election) |
Measure C: City Clerk; Powers, Duties |
Yes - 14,057 No - 14,368 Measure Failed |
"Shall the Charter of the City of Santa Clara be changed as follows: by deleting the provision from Section 903 of the Charter that '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.'; by changing the title of Section 1101 from 'Classified Service' to 'Classified and Unclassified Ser-vice', by changing the numbering and sequence of the offices and positions listed as comprising the unclassified service and by deleting the specific reference to City Clerk and Chief of the Police Department from such listing." |
|
June 1994 (special election) |
Measure B: Chief Police Appointment |
Yes - 4,370 No - 10,079 Measure Failed |
Amends the Charter of the City of Santa Clara to provide for the appointment of the Chief of Police by the City Manager rather than selection of the Chief of Police by the current election process |
|
March 2000 (special election) |
Measure I: Charter Amendment, Chief of Police Requirements |
Yes - 16,558 No - 2,244 Measure Passes |
Amends the Charter to require that candidates for the elected office of Chief of Police meet the minimum Eligibility and qualification require- ments imposed by State law upon candidates for the Office of Sheriff. |
Arguments in favor and rebuttal information for the 1994 Measure B and 2000 Measure I are enclosed as Attachments 1 and 2 respectively.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA guidelines section 15478(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
There is no fiscal impact other than staff time.
COORDINATION
This report has been coordinated with the City Clerk’s office and the City Attorney.
PUBLIC CONTACT
Public contact was made by posting the Charter Review Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
The Committee note and file the report.
Staff
Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jōvan Grogan, City Manager
ATTACHMENTS
1. Measure B - Chief Police Appointment Ballot Language, Argument, and Rebuttal.pdf
2. Measure I - Charter Amendment, Chief of Police Requirements Ballot Language, Argument, and Rebuttal.pdf