RESPONSE TO COUNCIL QUESTIONS RE: 11/7/23 AGENDA
Agenda Item 5 RTC 23-1294: Presentation of the Recommendations from the 2023 Charter Review Committee Related to the Positions of Chief of Police and City Clerk
Council Question:
What level of “management” experience would potential candidates for elected chief of police need to have?
Staff Response:
Per the City Charter, the qualifications to serve as an elected Chief of Police in Santa Clara are as follows: 1) candidates must be residents and “qualified registered elector[s]” of the City of Santa Clara and must have been a resident of the City for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office; and 2) candidates must meet the minimum eligibility and qualification requirements imposed by state law upon candidates for the office of Sheriff (Gov Code §24004.3) As noted in RTC 23-1156 (City of Santa Clara - File #: 23-1156 (legistar.com) to the Charter Review Committee, as of 9/13/23 there were ten police department employees who reside within the boundaries of the City of Santa Clara: 2 captains, 2 lieutenants, 2 sergeants and 4 police officers.
With respect to the minimum eligibility and qualification requirements imposed by state law upon candidates for the office of Sheriff (Gov Code §24004.3), those requirements are as follows:
(1) An active or inactive advanced certificate issued by the Commission on Peace Officer Standards and Training. (2) One year of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing and possesses a master's degree from an accredited college or university. (3) Two years of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing and possesses a bachelor's degree from an accredited college or university. (4) Three years of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing and possesses an associate in arts or associate in science degree, or the equivalent, from an accredited college.
(5) Four years of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing and possesses a high school diploma or the equivalent.
An individual assessment of the ten employees would be required to determine whether they have the requisite experience either with the City of Santa Clara Police Department or another outside law enforcement agency. It is important to note that should the Chief of Police retire, any individual who meets the residency and experience requirements noted above could be deemed eligible to run for the elected Chief of Police position.