The County of Santa Clara - SCC Public Portal

CHAPTER I.
CHILD SUPPORT SERVICES DEPARTMENT*

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Editor's note--Ord. No. NS-300.660, § 1, adopted Feb. 5, 2002, amended the title of Ch. I to read as herein set out.

Effective July 1, 2002, there is hereby created in the County a Department of Child Support Services, hereinafter referred to as the Department. The Department shall be separate and independent from any other County department. (Ref. Family Code § 17304 et seq.)

(Ord. No. NS-300.660, § 1, 2-5-02)

Sec. A22-2. Position recognized.

There is in the County and in the Department, the position of the Director.

(Ord. No. NS-300.660, § 1, 2-5-02)

Sec. A22-3. Appointment of Director.

The Director shall be appointed consistent with state law, and the qualifications established by the California Department of Child Support Services. The Director shall be appointed by the Board of Supervisors in accordance with state law and shall be under the supervision of the Board of Supervisors. (Ref. Family Code § 17304 et seq.)

(Ord. No. NS-300.660, § 1, 2-5-02)

Sec. A22-4. Director's authority over personnel.

Subject to the provisions of the Charter and this Code, the Director shall have the power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Ord. No. NS-300.660, § 1, 2-5-02)

Sec. A22-5. Duties and responsibilities.

The Department shall be responsible for establishing, modifying, and enforcing child support obligations, enforcement of spousal support orders established by a court of competent jurisdiction, and paternity determinations in cases of a child born out of wedlock, and for carrying out any other responsibilities delegated to a local child support agency under state and federal law. No other County department or County agency shall have any authority over the Department as to any function relating to its obligation under Title IV-D of the Federal Social Security Act. (Ref. Family Code §§ 17000 et seq., 17400.)

(Ord. No. NS-300.660, § 1, 2-5-02)

Sec. A22-6. Transfer of functions.

All County child support program employees and other personnel who perform child support collection and enforcement services, and assets dedicated to those services, as of June 30, 2002, shall be transferred from the District Attorney's Family Support Division to the Department effective July 1, upon approval of the Director of the California Department of Child Support Services. (Ref. California Family Code §§ 17304, 17305.)

(Ord. No. NS-300.660, § 1, 2-5-02)

Secs. A22-7--A22-10. Reserved.

CHAPTER II.
COUNTY COUNSEL*

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Cross reference(s)--Legal advice to Assessment Appeals Board, § A4-20.

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Sec. A22-11. Department recognized.

There is in the County a County Counsel's Department, hereafter in this chapter referred to as the Department.

(Code 1954, § 3.1.16-1)

Sec. A22-12. County Counsel recognized; appointment; supervision.

There is in the County and in the Department the position of County Counsel. The County Counsel shall be appointed in accordance with the provisions of the Charter and shall be the executive officer of the Department and be under the supervision of the Board of Supervisors.

(Code 1954, § 3.1.16-2)

Charter reference(s)--Appointment of County Counsel, § 301.

Sec. A22-13. Authority over personnel.

Subject to provisions of the Charter and this Code, the County Counsel shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Code 1954, § 3.1.16-2)

Charter reference(s)--Personnel system, Art. VII.

State law reference(s)--County Counsel generally, Government Code § 27640 et seq.

Sec. A22-14. Requests for opinions to be written.

Requests for opinions of the County Counsel on any civil matter shall be made in writing if required by the County Counsel.

(Code 1954, § 3.1.16-3)

Sec. A22-15. Attendance at meetings of boards.

At his discretion, the County Counsel may attend any meeting of any board or commission appointed by the Board of Supervisors of the County pursuant to the Charter. He shall attend all meetings of the Board of Supervisors.

(Code 1954, § 3.1.16-4)

Sec. A22-16. Duties generally, use of outside counsel.

The County Counsel shall act as the legal officer of the departments, institutions, boards, commissions and districts of the County government. No such agency shall employ or consult any attorney for legal advice or counsel in any civil affair of the County government unless the County Counsel shall certify in writing to the County Executive that he is unable to act in behalf of the County.

(Code 1954, § 3.1.16-5)

Sec. A22-17. Notice of claims due County; actions against County.

It shall be the duty, of the head of each office or department to notify the County Counsel in writing of each and every claim for money, damages or redress of any kind whatsoever in favor of the County or in which the County is interested, which is uncollected after due diligence, to the end that suit may be filed within the time allowed by law; and it shall be the duty of each department head or officer to transmit to the County Counsel, immediately, any and all pleadings, or papers in any action or proceeding against such officer in his official capacity or against the County.

(Code 1954, § 3.1.16-6)

Sec. A22-18. Settlements.

When, in the opinion of the County Counsel, the Board of Supervisors may legally compromise or settle any suit or claim against the County or any officer thereof, the County Counsel shall report to the Board of Supervisors the results of his investigation concerning such suit or claim, together with such recommendations for its disposition as he may have for the information of the Board of Supervisors in deciding its disposition.

(Code 1954, § 3.1.16-7)

Sec. A22-19. Duties under Lanterman-Petris-Short Act.

The County Counsel shall represent the County in proceedings under Part 1 of Division 5 of the Welfare and Institutions Code (Welfare and Institutions Code § 5000 et seq.).

(Code 1954, §, 3.1.16-3; Ord. No. NS-300.143, § 1, 11-4-70)

Secs. A22-20--A22-30. Reserved.

CHAPTER III.
DISTRICT ATTORNEY*

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Charter reference(s)--Election of District Attorney, § 501.

Cross reference(s)--Law enforcement generally, Div. A20.

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Sec. A22-31. Department recognized.

There is in the County a District Attorney's Department, hereafter in this chapter referred to as the Department.

(Code 1954, § 3.1.17-1)

Sec. A22-32. Position recognized.

There is in the County and in the Department the position of District Attorney.

(Code 1954, § 3.1.17-2)

Sec. A22-33. Authority over personnel.

Subject to provisions of the Charter and this Code, the District Attorney shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Code 1954, § 3.1.17-2)

Charter reference(s)--Personnel system, Art. VII.

Sec. A22-34. Responsible for prosecutions.

The District Attorney shall be responsible for all criminal prosecutions as distinguished from civil affairs of the County.

(Code 1954, § 3.1.17-2)

State law reference(s)--Duties as prosecutor, Government Code § 26500 et seq.

Secs. A22-35--A22-45. Reserved.

CHAPTER IV.
PUBLIC DEFENDER*

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Cross reference(s)--Law enforcement generally, Div. A20.

State law reference(s)--Public defenders, Government Code § 27700 et seq.

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Sec. A22-46. Department recognized.

There is in the County a Public Defender's Department, hereafter in this chapter referred to as the Department.

(Code 1954, § 3.1.28-1; Ord. No. NS-300.76, § 1, 11-23-64)

Sec. A22-47. Position recognized.

There is in the County and in the Department the position of Public Defender.

(Code 1954, § 3.1.28-1; Ord. No. NS-300.76, § 1, 11-23-64)

Sec. A22-48. Declared executive officer; appointment, supervision.

The Public Defender shall be the executive officer of the Department and shall be appointed in the manner in which County executive appointments are required to be made by the Charter. The Public Defender shall be under the supervision of the County Executive.

(Code 1954, § 3.1.28-2; Ord. No. NS-300.76, § 1, 11-23-64)

Charter reference(s)--County Executive appointments, § 404.

Sec. A22-49. Authority over personnel.

Subject to the provisions of the Charter and this Code, the Public Defender shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Code 1954, § 3.1.28-2; Ord. No. NS-300.76, § 1, 11-23-64)

Charter reference(s)--Personnel system, Art. VII.

Sec. A22-50. Duties.

The Public Defender shall perform the duties prescribed by the law of the State of California. In addition, the Public Defender shall defend without expense to the defendant, any person who is not financially able to employ counsel and who is charged with the commission of an offense triable in the Municipal or Justice Courts of this County when, in the opinion of the Public Defender, such defense is necessary to protect the constitutional rights of such defendant, or upon order of the court.

(Code 1954, § 3.1.28-3; Ord. No. NS-300.76, § 1, 11-23-64)

State law reference(s)--Duties, Government Code § 27706.

Sec. A22-51. Applications for assistance or representation.

Except upon order of the court, before the Public Defender shall render any assistance or representation to anyone claiming to be a person who is not financially able to employ counsel, such person shall make a written statement under penalty of perjury declaring the nature, location and value of all property in which such person has any interest.

(Code 1954, § 3.1.28-4; Ord. No. NS-300.107, § 1, 6-26-67)