The County of Santa Clara - SCC Public Portal

Sec. A2-1. Applicability declared.

The following rules in this division shall be general in their nature and apply to and govern all offices, departments and institutions, including commissions and boards, in the service of the County, and all officers and employees.

(Code 1954, § 3.1.2-1)

Sec. A2-2. Powers and duties of officers, boards, commissions.

Every County officer, board and commission shall have the powers and perform the duties prescribed by the Charter, state law not in conflict with the Charter, and this Code.

(Code 1954, § 3.1.2-2)

Sec. A2-3. Vote required on appointments and removals.

All appointments made by the Board of Supervisors and all appointments which are required to be ratified by the Board of Supervisors shall be by a majority vote of the entire membership of the Board. Wherever the Board has the power of removal of any officer or appointee, it shall require a vote of three-fifths of the members of the Board of Supervisors.

(Code 1954, § 3.1.2-3; Ord. No. NS-300.645, § 11, 1-23-01)

Charter reference(s)--Powers and duties of the Board of Supervisors, supervisorial appointments, § 301.

Sec. A2-4. Resignations.

(a) All resignations of County officers and heads of departments appointed by the Board of Supervisors must be in writing and must be made to the Board of Supervisors and filed with the Clerk thereof. The resignation shall be effective on the date designated therein, or if no date is designated, then on the date of filing.

(b) All resignations of other officers and employees shall be made in writing, addressed to the officer, board, commission or body appointing or employing them in accordance with the merit system rules.

(Code 1954, § 3.1.2-4; Ord. No. NS-300.61, § 1, 5-28-62)

Sec. A2-5. Business hours of County offices.

(a) County offices shall be open for the transaction of business during such hours and on such days as are fixed by the Board of Supervisors by resolution.

(b) This section shall not prevent, relieve or otherwise excuse any County officer or employee from the performance of any duties imposed upon him by law or ordinance of this County, or from the retention of service at such times and places as are necessary in order to properly perform the functions of his or her office or employment.

(c) All County officers and heads of departments are hereby authorized and empowered to stagger, rearrange and adjust the hours of employment of their various employees in such manner as to enable them to keep their offices open at all times as required; provided further that said office-hour schedule is first approved by the County Executive.

(d) Eight hours work shall constitute a full day's work, and 40 hours work shall constitute a full week's work for all officers and employees of the County unless otherwise provided by law, this Code, or by labor agreement.

(Code 1954, § 3.1.2-5; Ord. No. NS-300.235, § 1, 12-14-76; Ord. No. NS-300.645, § 12, 1-23-01)

Sec. A2-6. Office hours for Sheriff.

The Sheriff's office shall be open 24 hours a day, each day of the week, except the Civil Section which shall be open to the public Monday through Friday, holidays excepted, and whose hours of operation shall be set by the Board of Supervisors by ordinance or resolution.

(Code 1954, § 3.1.2-6; Ord. No. NS-300.182, § 1, 12-18-73; Ord. No. NS-300.289, § 1, 6-12-79; Ord. No. NS-300.645, § 13, 1-23-01)

Cross reference(s)--Law enforcement and Sheriff's Department generally, Div. A20.

State law reference(s)--Authority to fix office hours, Government Code § 24260.

Sec. A2-7. Reserved.

Editor's note--Ord. No. NS-300.645, § 14, adopted Jan. 23, 2001, repealed § A2-7, which pertained to office hours for medical institutions. See the Code Comparative Table.

Sec. A2-8. Safety program.

(a) The County Executive shall provide policy and executive direction of the County safety program to reduce or eliminate industrial and vehicular accidents as administered by the Deputy County Executive, Employee Services Agency, in accordance with California Occupational Safety and Health (OSHA) injury and illness prevention program requirements and applicable state mandated vehicle safety laws. Each department head shall develop a positive safety program consistent with his or her department's individual needs and the County safety program.

(b) The Deputy County Executive-Employee Services Agency shall provide for courses and other training in industrial safety and motor vehicle operation and shall assist the departments to develop internal training programs.

(Code 1954, § 3.1.2-8; Ord. No. NS-300.37, § 1, 1-19-59; Ord. No. NS-300.47, § 1, 6-20-60; Ord. No. NS-300.82, § 1, 8-30-65; Ord. No. NS-300.645, § 15, 1-23-01)

Sec. A2-9. Accident reports.

The County Executive, or his or her designee, shall prescribe the reporting system for all industrial and automotive accidents involving County property or County personnel in accordance with state mandated reporting requirements.

(Code 1954, § 3.1.2-8.1; Ord. No. NS-300.37, § 1, 1-19-59; Ord. No. NS-300.47, § 1, 6-20-60; Ord. No. NS-300.82, § 1, 8-30-65; Ord. No. NS-300.645, § 16, 1-23-01)

Sec. A2-10. Personal safety equipment.

Personal safety devices and protective apparel shall be furnished to employees as necessary in accordance with California Occupational Safety and Health (OSHA) requirements as contained in the State Labor Code.

(Code 1954, § 3.1.2-8.2; Ord. No. NS-300.37, § 1, 1-19-59; Ord. No. NS-300.47, § 1, 6-20-60; Ord. No. NS-300.82, § 1, 8-30-65; Ord. No. NS-300.645, § 17, 1-23-01)

Secs. A2-11--A2-16. Reserved.

Editor's note--Ord. No. NS-300.645, §§ 18--23, adopted Jan. 23, 2001, repealed §§ A2-11--A2-16, which pertained to receipts required; deposit of fees; charge for public records prohibited; publication, distribution of regulatory laws; annual report of departmental operations; finding of lost property. See the Code Comparative Table.

Sec. A2-17. Acceptance of gifts.

The head of a department or agency may accept on behalf of the County personal property gifts, including cash, valued at less than $10,000.00 from a single donor, connected with or incidental to his or her office, whenever he or she deems such gifts and the terms and conditions thereof to be in the best interests of the County; provided, however, that the head of a department or agency receiving any gift shall make an accounting of all gifts so accepted to the Director of Finance and the Board of Supervisors at the first meeting in December and first meeting in June each year.

All other gifts, devises, bequests and trusts, except as described above, may be received by each board, commission, department and agency only after formal acceptance and approval by the Board of Supervisors as trustee for the County.

Title to all such gifts, devises, bequests and trusts shall be taken in the name of the County of Santa Clara and shall vest in said County, and it shall be the duty of any such trustee to pay the proceeds to the Treasurer of the County when the same shall be allowed by the terms of the transfer to the trustee. Upon acceptance of any gift, devise, bequest or trust by the Board of Supervisors, the Director of Finance shall be notified of such acceptance and shall make the necessary entries on the respective accounts and property records to insure that the property which is the subject of such gift, devise, bequest or trust will be charged to the account of the proper County officer. The County Counsel shall act as attorney for the trustee solely for the purpose of effectuating any such gift, devise, bequest or trust.

No County officer or employee shall accept any gift, reward, devise or bequest for the performance of a specific act, which act is a part of said officer's or employee's official duties and responsibilities.

(Code 1954, § 3.1.2-15; Ord. No. NS-300.156, § 1, 9-28-71; Ord. No. NS-300.446, § 1, 4-4-89; Ord. No. NS-300.590, § 1, 10-29-96)

Sec. A2-18. Department attendance records, reports.

The head of each office, department and institution shall be responsible for maintaining the personnel and time records, and incidents of absences of his or her office, department or institution, and shall certify such information as is necessary in the preparation of the payroll to the Controller and Personnel Department at the time and upon the forms prescribed by the Controller.

(Code 1954, § 3.1.2-16; Ord. No. NS-300.61, § 3, 5-28-62; Ord. No. NS-300.645, § 24, 1-23-01)

Secs. A2-19--A2-25. Reserved.

Editor's note--Ord. No. NS-300.645, §§ 25--31, adopted Jan. 23, 2001, repealed §§ A2-19--A2-25, which pertained to report of absences of employees; professional practice by employees; reimbursement of County by employees for meals and maintenance; provision of meals to certain volunteers; subpoenas; compensation of officer or employee; reimbursement of County of Santa Clara. See the Code Comparative Table.