Chapter 2.80
POLICE DEPARTMENT

Sections:

2.80.010    Organization generally – Chief of Police.

2.80.015    Chief of Police – Compensation.

2.80.020    Assistant Chief of Police placed in unclassified service.

2.80.030    Field operations division.

2.80.040    Investigations division.

2.80.045    Special operations division.

2.80.050    Administrative services division.

2.80.051    Community service officer.

2.80.060    State aid in training policemen, etc. – Standards to be followed, etc.

2.80.070    Unclaimed property – Disposition generally – Notice and sale – Disposition of funds, etc.

2.80.080    Military equipment policy.

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.

2.80.015 Chief of Police – Compensation.

Commencing on July 1, 2019, and every two years on July 1st thereafter, the compensation of the Chief of Police shall be set by a Salary Setting Commission consisting of five members to be appointed by the Civil Service Commission, as set forth in City Charter Section 702. The City Council shall take all necessary legislative action to implement the salary set by the Salary Setting Commission. (Ord. 1988 § 1, 10-9-18).

2.80.020 Assistant Chief of Police placed in unclassified service.

The office of Assistant Chief of Police is hereby placed in the unclassified service of the Police Department of the City. (Ord. 947. Formerly § 2-56).

2.80.030 Field operations division.

The functions of the field operations division shall be under the immediate supervision of a police captain who shall be in the unclassified service. The duties and responsibilities of this division shall be as follows:

(a) Suppression of criminal activity, responding to routine and emergency calls, investigation of criminal activities, recovery of stolen property, regulation of criminal and noncriminal conduct and the apprehension of offenders.

(b) Accident investigation, reports for the correction of traffic hazards.

(c) Enforce traffic laws, issuing citations.

(d) Identify and attempt to resolve continuing issues, requiring police resources, that can be reduced or eliminated through problem-solving techniques, community involvement, and coordination of government services. (Ord. 947; Ord. 1119; Ord. 1150 § 2, 10-11-66; Ord. 1712 § 1, 3-10-98. Formerly § 2-57).

2.80.040 Investigations division.

The functions of the investigations division shall be under the immediate supervision of a police captain who shall be in the unclassified service. The duties and responsibilities of this division shall be as follows:

(a) Investigating criminal complaints, interrogating suspects, apprehension of misdemeanants and felons, securing warrants, examining and presenting valid evidence to the courts in cooperation with the district attorney’s office, and filing on the disposition of cases.

(b) Insuring the proper tracking and service of all arrest warrants forwarded to the Police Department for action, and the prompt service of all witness subpoenas that are necessary to secure the attendance of named individuals in court for criminal cases.

(c) Participate in County-wide task forces focusing on specialized problems such as auto theft, narcotics enforcement, high-tech investigations, sexual predators, and other community problems lending themselves to multi-jurisdictional involvement. (Ord. 947; Ord. 1119; Ord. 1150 § 3, 10-11-66; Ord. 1712 § 1, 3-10-98. Formerly § 2-58).

2.80.045 Special operations division.

The functions of the special operations division shall be under the immediate supervision of a police captain who shall be in the unclassified service. The duties and responsibilities of this division shall be as follows:

(a) Manage and coordinate the police response to all significant special events in the city where a police presence is necessary to ensure safety, maintain order or prevent disruptions.

(b) Provide oversight, training, and management to the department’s Special Response Team, ensuring that the team remains ready and prepared to provide services as necessary.

(c) Provide oversight, training, recruitment, and management to the Per Diem Police Officer Special Event classification, including maintenance of Peace Officer Standards and Training compliance records.

(d) Liaison with federal, state and local law enforcement partners to gather intelligence and information on criminal activity. Ensure that intelligence information is used to enhance the safety and security of all persons and events. (Ord. 1977 § 1, 2-20-18).

2.80.050 Administrative services division.

The function of the administrative services division shall be under the immediate supervision of a police captain who shall be in the unclassified service. The duties and responsibilities of this division shall be as follows:

(a) Maintain a training program for the Police Department, assist as directed in the background investigation of new applicants.

(b) Provide planning and research for the Police Department.

(c) Properly keep and maintain criminal records, receive and file complaints, teletypes and all other material received by the Police Department pertaining to law enforcement and vehicle maintenance for the Police Department.

(d) All radio and telephone communication for the Police Department.

(e) Receive and account for all property coming into the possession of the Police Department, the booking and safe detention or transportation of all prisoners.

(f) Assist all police personnel in the solution of crimes and supply information as requested by other members of the Police Department.

(g) Execution and control of all process papers.

(h) Provide a reception function for the public where they can receive assistance and make reports either by phone or in person.

(i) Establish and maintain a crime prevention program and school services program.

(j) Provide traffic control at major crosswalks or near school crossings, etc., by utilizing part-time adult crossing-guards, and organization of safety patrols and bicycle safety program. (Ord. 947; Ord. 1119; Ord. 1150 § 2, 10-11-66; Ord. 1712 § 1, 3-10-98. Formerly § 2-59).

2.80.051 Community service officer.

A “community service officer” is a non-sworn employee of the Police Department, authorized by the Chief of Police to:

(a) Issue infraction citations for violations of the City Municipal Code and the California Vehicle Code; and

(b) Issue misdemeanor citations for violations of the City Code when the employee has reasonable cause to believe that the person to be cited has committed a misdemeanor in their presence. (Ord. 1733 § 3, 5-4-99).

2.80.060 State aid in training policemen, etc. – Standards to be followed, etc.

The City shall, in declaring that it desires to qualify to receive aid from the State under the provisions of Part 4, Chapter 1 (entitled “Commission on Peace Officer Standards and Training”), Section 13500 et seq. and Section 13522 of the Penal Code, adhere to the standards, recruitment and training established by the California Commission on Peace Officer Standards and Training while receiving such aid. (Ord. 966. Formerly § 2-61).

2.80.070 Unclaimed property – Disposition generally – Notice and sale – Disposition of funds, etc.

Any and all unclaimed property in the possession of the Police Department of the City of Santa Clara, except unclaimed bicycles, shall be held by the Police Department for a period of at least six months, and unclaimed bicycles shall be held by the Police Department for a period of at least three months, and thereafter such property will be sold at public auction to the highest bidder, and notice of such sale shall be given by the Chief of Police at least five days before the time fixed therefor, by publication once in an official newspaper of said City. All funds realized from the sale of any such property shall be promptly paid to the Director of Finance for the general fund of the City. (Ord. 654; Ord. 1071. Formerly § 2-62).

2.80.080 Military equipment policy.

(a) The City Council has made the following determinations:

(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

(2) The proposed military equipment use policy (“policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties;

(3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);

(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

(b) The Police Department has submitted a proposed policy to the City Council and has made those documents available on the Police Department’s website for at least thirty (30) days prior to the public hearing concerning the military equipment at issue.

(c) The policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

(d) The policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.

(e) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsections (a)(1) through (a)(4) of this section.

(f) The City Council shall review the ordinance codified in this section, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).

(g) The City Council approves the use of the policy, and finds that it satisfies the requirements of Government Code Section 7070(d). (Ord. 2042 § 1, 3-22-22).