Chapter 2.05
GENERAL PROVISIONS

Sections:

2.05.010    Organization of government generally.

2.05.020    Establishment of City policies and procedures.

2.05.030    Administrative procedures.

2.05.040    Departmental rules and regulations.

2.05.050    Insurance – Policy required on City officers and employees.

2.05.060    Bond – Elective officers.

2.05.070    Powers and duties of the City Manager.

2.05.080    Powers and duties of Directors and heads of departments generally.

2.05.090    Membership in State Employees’ Retirement System.

2.05.100    Amendment to agreement with Board of Administration for the California Public Employees’ Retirement System.

2.05.010 Organization of government generally.

The governmental forces of the City shall be organized into the following department categories and the heads of each department shall be known by their respective titles as follows:

Department

Title

LEGISLATIVE

City Council

Mayor and Council Members

ADMINISTRATIVE

Council Officers

City Manager’s office

City Manager

City Clerk’s office

City Clerk

City Attorney’s office

City Attorney

City Auditor’s office

City Auditor

Public Works Administration

Public Works Department

Director of Public Works

Engineering Department

City Engineer

Streets and Automotive Services

Director of Streets and Automotive Services

Building Maintenance Department

Building Manager

Utilities Administration

Electric Department

Director of Electric Utility

Water and Sewer Department

Director of Water and Sewer Utilities

Departments

Communications Department

Director of Communications

Finance Department

Director of Finance

Fire Department

Fire Chief

Human Resources Department

Director of Human Resources

Information Technology

Director of Information Technology

Library Department

City Librarian

Parks and Recreation Department 

Parks and Recreation Director

Planning and Inspection Department

Director of Planning and Inspection

Police Department

Chief of Police

(Ord. 947; Ord. 1187 § 1, 4-2-68; Ord. 1215 § 1, 7-22-69; Ord. 1775 § 2, 8-20-02. Formerly § 2-1).

Charter reference – Provisions relative to form of government, § 500.

2.05.020 Establishment of City policies and procedures.

The policies of the City shall be adopted by resolutions or formal action of the City Council. In the absence of such policy, as determined by the City Council, the City Manager may establish and report an interim policy pending the formal action of the City Council on the subject.

The provisions of the document entitled the “City of Santa Clara Policy and Procedure Manual,” as amended (or re-titled) from time to time, is hereby made a part of this Code by this reference. Additions, amendments or deletions may be made thereto by appropriate action of the City Council. A copy of the Policy and Procedure Manual is maintained by the City Clerk’s office. (Ord. 947. Formerly § 2-2).

Charter references – General grant of powers, § 400; authority of City Council to act by ordinance or resolution, § 713.

2.05.030 Administrative procedures.

Pursuant to the City Charter, Section 802, the City Manager is the chief executive officer and the head of the administrative branch of the City government. Some of the administrative procedures of the City have been established by the City Manager through formal documents or written memorandums.

The compilation of documents entitled “City Manager’s Directives” shall constitute a portion of the established administrative procedures, and they are hereby made a part of this Code by this reference. Additions, amendments and deletions may be made by action of the City Manager. A copy of the City Manager’s Directives is maintained by the City Clerk’s office. (Ord. 947. Formerly § 2-3).

2.05.040 Departmental rules and regulations.

The rules and regulations of the various City departments shall be promulgated by the respective department heads after consultation with appropriate division heads and shall be approved by the City Manager.

In the absence of such established rules and regulations, division heads may establish and report interim rules and regulations for the guidance of employees, pending formal adoption of the same. (Ord. 947; Ord. 1527 § 1, 7-16-85. Formerly § 2-4).

2.05.050 Insurance – Policy required on City officers and employees.

The City Council shall procure and obtain a comprehensive dishonesty, disappearance and destruction policy including faithful performance blanket bond coverage in an amount not less than five hundred thousand dollars ($500,000.00) covering each of the employees and officials of the City, and insuring City from unfaithful performance of the duties of each of such officers and employees of the City. (Ord. 635 § 1; Ord. 997; Ord. 1519 § 1, 1-29-85; Ord. 1679 § 2, 10-10-95. Formerly § 2-6).

2.05.060 Bond – Elective officers.

The City Council shall procure and obtain a blanket surety bond in an amount not less than one hundred thousand dollars ($100,000.00), covering each of the elected officials of the City, conditioned upon the honesty of such officers and the faithful performance of the duties of their offices. (Ord. 635 § 1; Ord. 997. Formerly § 2-7).

2.05.070 Powers and duties of the City Manager.

Whereas by ordinance the City Council has provided for the creation of departments or offices, not specifically enumerated in the Charter as authorized under Charter Section 901 and has divided or separated many of the departments into divisions pursuant to Charter Section 1101(12) upon recommendation of the City Manager; at the same time it is recognized that the City Manager is the chief executive officer of the City and the head of the administrative branch of the City government and it is consistently intended and the City Manager is hereby authorized to modify and provide for deviation from any of the provisions of Chapter 2.15 SCCC and Chapters 2.35 through 2.110 SCCC under the circumstances where he/she administratively finds that the change will aid him/her in improving the administration of the City under the particular circumstances, and the modification or change will not constitute or cause a violation of the City Charter. Any such modifications shall be evidenced in rules and regulations authorized under Charter Section 803 and to the extent that there is any conflict in the provisions between hereinabove referenced chapters and the City Manager prescribed rules and regulations as herein authorized, the latter shall prevail. (Ord. 1527 § 2, 7-16-85. Formerly § 2-7.1).

2.05.080 Powers and duties of Directors and heads of departments generally.

The heads of the various departments established in this chapter shall have the following general powers, duties and responsibilities:

(a) To reorganize the department into the divisions established in this chapter in such a manner as to efficiently perform the functional responsibilities allocated thereto. For this purpose, the department head may create such sections and subunits within such division as deemed necessary.

(b) To make recommendations regarding recruiting, disciplining and discharging of departmental personnel in accordance with the civil service rules and regulations of the City.

(c) To transfer or reallocate personnel from one division to another in accordance with their respective needs and the best usage of available manpower.

(d) To keep correct attendance records of each employee for payroll purposes and to submit such other information as required for the proper maintenance of individuals’ personnel records, including leaves of absence, job efficiency and personal conduct.

(e) To administer the department budget and permit no purchase requisitions to be issued or other expense incurred unless an appropriation therefor has been duly authorized.

(f) Department heads as such shall attend Council meetings only upon the invitation of the Council or the specific request of the City Manager.

(g) Department heads shall attend meetings of their respective boards and commissions and represent the City Manager thereon in case of his/her absence. They shall serve as recording secretary and keep the records of such commissions when so requested.

(h) Department heads shall carry on an active public relations program for their respective services including the publication of educational reports and brochures, the promotion of authorized objectives and the making of public addresses when the occasion so requires.

(i) Department heads shall promulgate and administer internal rules and regulations for the proper conduct of personnel and the efficient handling of the department’s duties and functions.

(j) Department heads shall discharge such other duties as may be assigned to them by the City Manager or required by the ordinances, resolutions or official orders of the City Council. (Ord. 947. Formerly § 2-8).

Charter reference – Provisions relative to duties of appointive officers, see Charter § 902.

2.05.090 Membership in State Employees’ Retirement System.

A contract is hereby authorized between the City Council and the Board of Administration, Public Employees’ Retirement System (PERS). (Ord. 1054; Ord. 1090. Formerly § 2-9).

Stat. Ref.:    For State law as to authority of City to contract with Board of Administration of State Employees’ Retirement System, see Gov. C.A. § 45345.

Charter reference – Provisions authorizing City to participate in State Employees’ Retirement System and adopting same for use by the City, see Charter § 1200.

As to private patrol services, etc., see Chapter 5.55 SCCC.

2.05.100 Amendment to agreement with Board of Administration for the California Public Employees’ Retirement System.

An amendment to the contract between the City of Santa Clara and the Board of Administration, California Public Employees’ Retirement System, is hereby authorized, a copy of said amendment being attached to the ordinance codified in this section, and by such reference made a part hereof as though herein set out in full. (Ord. 2055 § 1, 11-15-22).