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SANTA CLARA COUNTY CODE OF ORDINANCES: Division A11 COUNTY EXECUTIVE*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division A11
COUNTY EXECUTIVE*

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Editor's note--Division A11 was extensively revised by Ord. No. NS-300.305, adopted Oct. 16, 1979. However, the County has advised that Ord. No. NS-300.305 has been completely superseded by Ord. No. NS-300.306, thus making the changes effected by 300.305 of no effect.

Charter reference(s)--County Executive, Art. IV.

Cross reference(s)--Provisions relating to the County Executive with reference to specified subjects are classified in the material on those subjects.

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Sec. A11-1. County Executive recognized.

There is in the County the position of County Executive.

(Code 1954, § 3.1.19-1)

Sec. A11-2. County Executive to be responsible to Board of Supervisors.

The County Executive, as head of the administrative branch of the County government as provided in the Charter, shall be responsible to the Board of Supervisors for the proper administration of all affairs of the County.

(Code 1954, § 3.1.19-2)

Sec. A11-3. Executive designated official agency for improvements.

The County Executive shall be the official agency under Government Code § 65401 to receive, list and classify proposed public works recommended for planning, initiation or construction during the ensuing fiscal year and to prepare a coordinated program of proposed public works for the ensuing fiscal year. Such program shall be submitted to the Planning Department for review and report to the County Executive as to conformity with the adopted General Plan or part thereof.

(Code 1954, § 3.1.19-3; Ord. No. NS-300.85, § 1, 12-6-65)

Sec. A11-4. Registrar of Voters.

There is in the Office of the County Executive the position of the Registrar of Voters, who shall be appointed by the County Executive in accordance with the provisions of the Charter and this Ordinance Code, and who shall be under the supervision of the County Executive or his or her designee.

(Ord. No. NS-300.639, § 2, 9-12-00)

Sec. A11-5. Duties.

The Registrar of Voters shall register as voters such electors as apply for registration. The Registrar of Voters shall perform all acts required under the general law to be performed by the County Clerk acting as Registrar of Voters, and shall perform such other duties as may be required under the Elections Code. The Registrar of Voters shall conduct all national, state and County elections held within the County, canvass election returns as directed by the Board of Supervisors, and select and appoint election officers and establish polling places in election precincts.

(Ord. No. NS-300.639, § 2, 9-12-00)

Sec. A11-6. Political Reform Act of 1974.

The Registrar of Voters shall perform the functions specified in the Political Reform Act of 1974 (Government Code § 81000 et seq.) to be performed by the County Clerk except for the functions specified in Chapter 7 (Government Code § 87100 et seq.) dealing with conflict of interest.

(Ord. No. NS-300.639, § 2, 9-12-00)

Sec. A11-7. Fee for circulation of initiative petition.

A fee of $50.00 shall be paid to the Registrar of Voters by every person filing a notice of intent to circulate an initiative petition pertaining to the County Ordinance Code, the annexation of territory to the County, the consolidation of counties, or the dissolution of a county. This fee shall be refunded if the Registrar of Voters certifies the petition within one year from the date that the notice of intent was filed.

(Ord. No. NS-300.639, § 2, 9-12-00)

Sec. A11-8. Electronic filing; findings and purpose.

(a) State law requires candidates, persons supporting or opposing ballot measures and certain other types of committees to file campaign finance statements with the Registrar of Voters detailing the sources of contributions and manner of expenditure of contributions. The purpose of these laws is to assist voters in making informed electoral decisions and to assist in ensuring compliance with campaign contributions laws.

(b) Frequently, these disclosure reports are extremely lengthy. Moreover, literally hundreds of such reports are filed with the Registrar of Voters office each reporting period. It is extremely difficult for members of the public, the media and election officials efficiently to review and compare these statements.

(c) The Board of Supervisors finds that requiring political committees and candidates which meet certain financial thresholds to file copies of their campaign statements on computer diskettes or other designated electronic media will further the purposes of campaign finance disclosure laws. These statements can then be placed on line for public viewing.

(Ord. No. NS-300.639, § 2, 9-12-00)

Sec. A11-9. Definitions.

(a) "Candidate" shall be defined as set forth in the California Political Reform Act (Government Code § 81000 et seq.), provided that the term candidate shall be limited to candidates for County office, to wit: member of the Board of Supervisors, Assessor, District Attorney, and Sheriff.

(b) "Committee" shall mean any person or group of persons which:

(1) Is an "officeholder" account as defined by the Political Reform Act, of a person holding one of the offices included in Section A11-(a) [A11-9(a)], or

(2) Is required to file a statement of organization under the California Political Reform Act; and

(3) Is controlled by one or more candidates or is formed or exists primarily to support or oppose one or more candidates or measures which are being voted on only in and throughout the County; and

(4) Receives contributions or makes expenditures or independent expenditures totaling $1,000.00 or more in a calendar year.

(c) "Contribution" shall be defined as set forth in the California Political Reform Act.

(d) "Expenditure" and "independent expenditure" shall be defined as set forth in the California Political Reform Act.

(Ord. No. NS-300.639, § 2, 9-12-00)

Sec. A11-10. Filing of campaign statements.

(a) Whenever any elected County officer, candidate or committee is required by the California Political Reform Act to file a semi-annual campaign statement, a pre-election campaign statement, an amended campaign statement or a supplemental pre-election campaign statement with the Registrar of Voters, the elected officer, candidate or committee shall file at the same time a copy of the report on a computer diskette or other approved electronic media in a format prescribed by the Registrar of Voters, provided the Registrar has prescribed the format at least 60 days before the beginning of the period for which the candidate or committee must report. The street or address or building number of the persons or entity representatives listed on the electronically filed media shall not be displayed on line or on the Internet.

(b) The requirements of this section shall not abrogate any requirements in the Political Reform Act that paper copies be filed.

(Ord. No. NS-300.639, § 2, 9-12-00)

Sec. A11-11. Penalties for late filing.

Any person who files an electronic copy of a statement or report required by this article after the deadline imposed by the California Political Reform Act for filing the written copy of the statement or report shall be liable in the same amount and on the same terms as set forth in the Act for late filing of the written copy of the campaign statement or report, except that no person shall be subject to a fine for late filing of the electronic copy if he/she is also liable for a fine for failure to file the paper copy of the same document during the same period of time.

(Ord. No. NS-300.639, § 2, 9-12-00)

Sec. A11-12. Severability.

The provisions of this article are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this article, or the invalidity of the application thereof to any person or circumstances, shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.

(Ord. No. NS-300.639, § 2, 9-12-00)

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