Chapter 2.04

CITY DEPARTMENTS*

Parts:

• 1 General Provisions

• 2 Office of the City Manager

• 4 Office of the City Clerk

• 6 Office of the City Attorney

• 8 Office of the City Auditor

• 10 Office of the Independent Police Auditor

• 14 Airport Department

• 16 Department of Conventions, Arts and Entertainment

• 18 Environmental Services Department

• 20 Finance Department

• 22 Fire Department

• 24 Reserved

• 26 Department of Housing

• 28 Department of Human Resources

• 30 Information Technology Department 31 Department of Retirement Services

• 34 Library Department 36 Department of Parks, Recreation and Neighborhood Services

• 38 Department of Planning, Building and Code Enforcement

• 40 Police Department

• 42 Public Works Department

• 43 Office of Racial and Social Equity 44 Department of Transportation 46 Community Energy Department

Part 1

GENERAL PROVISIONS

Sections:

• 2.04.020 Functions, powers and duties.

• 2.04.030 Reorganization and renaming.

*Charter reference— For Charter provisions on administrative organization, see Charter Art. VIII.

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• A. Council appointees are those officials appointed directly by and report directly to the city council pursuant to Charter Articles VII and VIII.

• (Ord. 25209.)

• A. In addition to those general functions, powers and duties given to the department by this chapter and other provisions of this Code, the director shall:

  1. Administer and enforce all ordinances and regulations of the city relating to the imposition and collection of city taxes.

  2. Administer and supervise the investment of city funds in accordance with city's investment policies as may be adopted or amended by the city council from time to time.

  3. Administer and supervise the issuance of debt by the city, the City of San José financing authority, and such other financing entities as may be formed by the city from time to time.

  4. Administer and supervise the accounts payable function of the city.

  5. Administer and supervise the risk management function of the city.

  6. Administer the procurement of supplies, materials and equipment and contracts for general services for the city.

  7. Perform such other programs or functions related to city finance or procurement matters that the city council or the city manager may, from time to time, authorize or request.

• B. The director, with the concurrence of the city attorney, shall have the authority to promul-

SAN JOSÉ CODE

§ 2.04.020

gate and publish regulations related to the administration, collection and enforcement of city taxes. This subsection shall not apply in the event that a specific provision of this Code applies or to the extent that this subsection conflicts with another provision in this Code. (Ords. 25209, 29306.)

• A. Except as provided in the charter, the functions and duties of the various departments may be changed, from time to time, by amendment of this chapter.

• B. The functions, duties and names set forth in this chapter shall control and supersede any designation elsewhere in this Code.

• C. Whenever reference is made in this Code, any ordinance, resolution, contract or other act of council, to the director or head of any department, that reference shall mean the director of the department currently charged with the responsibility pursuant to this chapter, or the director of the department designated by the city manager to administer the duties of the department, provided such designation is consistent with the city charter.

• (Ords. 25209, 29021.)

  3. Administration of the department and direction, control and supervision of all activities of all employees in the department.

• (Ord. 25209.)

• A. Subject to the direction, control and supervision of the head of their department, all employees holding offices and positions in any department of the city shall assist the head of their department by exercising and performing the functions, powers and duties of their respective offices and positions.

• B. Such functions, powers, and duties shall be exercised in a manner consistent with the Charter, other provisions of this Code, other ordinances, resolutions and other acts of the council.

• (Ord. 25209.)

Part 2

OFFICE OF THE CITY MANAGER*

Sections:

• A. The administration, functions and activities of each department of the city, excepting the departments which are council appointee offices, shall be subject to the direction and supervision of the city manager.

• B. Except as may be otherwise prescribed by the Charter, the head of each city department shall have the following general functions, powers and duties:

  1. All functions, powers and duties given to or required by ordinances or resolutions or other acts of the city council;

  2. All functions, powers and duties given or required by the city manager;

• 2.04.220 Functions, powers and duties.

The office of the city manager is established by Charter Section 700. It shall be treated as a department for purposes of this chapter. (Ord. 25209.)

The city manager shall be the head of the office of the city manager. (Ord. 25209.)

*Charter reference— For Charter provisions on the city manager, see Charter Art. VII.

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ADMINISTRATION

§ 2.04.600

In addition to the functions, powers and duties set forth in the Charter and those general functions, powers and duties given to the department head by this chapter and other provisions of this Code, the city manager shall:

• A. Act as department head in the supervision of all offices, from time to time created within the office of the city manager.

• B. Administer the city's discrimination complaint procedure and perform such other programs or functions related to equal opportunity in employment, discrimination complaints and disability access that the city council may, from time to time, authorize.

• C. Manage the state and federal legislative programs for the city through analysis and recommendations regarding legislation and lobbying efforts.

• D. Provide staff support and liaison services for the city's elected officials who serve on intergovernmental committees, boards or councils.

• E. Perform all other functions, powers and duties, consistent with the Charter, assigned by act of the city council.

• (Ords. 25209, 26783.)

Part 4

OFFICE OF THE CITY CLERK*

The office of the city clerk is established by Charter Section 804. It shall be treated as a department for purposes of this chapter. (Ord. 25209.)

The city clerk shall be the head of the office of the city clerk.

(Ord. 25209.)

In addition to the functions, powers and duties set forth in the Charter and those general functions, powers and duties given to the department head by this chapter and other provisions of this Code, the city clerk shall:

• A. Act as department head in the supervision of the office of the city clerk.

• B. Perform all other functions, powers and duties, consistent with the Charter, assigned by act of the city council.

• C. Perform all functions, powers and duties, consistent with the Charter and acts of the city council, given to or required of a city clerk of a charter city by the laws of the state of California.

• (Ord. 25209.)

Part 6

OFFICE OF THE CITY ATTORNEY†

Sections:

*Charter reference— For Charter provisions on the office of the city clerk, see Charter § 804. Part 14

The office of the city attorney is established by Charter Section 803. It shall be treated as a department for purposes of this chapter. (Ord. 25209.)

†Charter reference— For Charter provisions on the office of city attorney, see Charter § 803.

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SAN JOSÉ CODE

§ 2.04.610

The city attorney shall be the head of the office of the city attorney. (Ord. 25209.)

In addition to the functions, powers and duties set forth in the Charter and those general functions, powers and duties given to the department head by this chapter and other provisions of this Code, the city attorney shall:

• A. Act as department head in the supervision of the office of the city attorney.

• B. Perform all other functions, powers and duties, consistent with the Charter, assigned by act of the city council.

• C. Prosecute on behalf of the people, all criminal cases for violation of city ordinances.

• D. Except as otherwise directed by the council, perform such legal services and functions for the city, its departments and officers as may be requested by the city manager.

• E. Perform all functions, powers and duties, consistent with the Charter and acts of the city council, given to or required of a city attorney of a charter city by the laws of the state of California.

• (Ord. 25209.)

Part 8

OFFICE OF THE CITY AUDITOR*

Sections:

*Charter reference— For Charter provisions on the office of city auditor, see Charter § 805.

The office of the city auditor is established by Charter Section 805. It shall be treated as a department for purposes of this chapter. (Ord. 25209.)

The city auditor shall be the head of the office of the city auditor.

(Ord. 25209.)

In addition to the functions, powers and duties set forth in the Charter and those general functions, powers and duties given to the department head by this chapter and other provisions of this Code, the city auditor shall:

• A. Act as department head in the supervision of the office of the city auditor.

• B. Perform all other functions and duties, consistent with the Charter, assigned by act of the city council.

• (Ord. 25209.)

Part 10

OFFICE OF THE INDEPENDENT POLICE AUDITOR†

Sections:

The office of the independent police auditor is established by Charter Section 809. It shall be treated as a department for the purposes of this chapter. The office of the independent police auditor shall be totally independent from the police department. (Ord. 25209.)

†Charter reference— For Charter provisions pertaining to the office the independent police auditor, see Charter § 809.

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ADMINISTRATION

§ 2.04.1600

The independent police auditor shall be the head of the office of the independent police auditor.

• (Ord. 25209.)

In addition to those general functions, powers and duties given to the department head by this chapter and other provisions of this Code, the independent police auditor shall:

• A. Act as department head in the supervision of the office of the independent police auditor.

• B. Perform all other functions and duties, consistent with the Charter, assigned by act of the city council.

• (Ord. 25209.)

Part 14

AIRPORT DEPARTMENT*

Sections:

The airport department is established by Charter Section 807.

• (Ord. 25209.)

The director of aviation shall be the head of the airport department. Wherever used, the term "airport manager" shall be deemed to mean "director of aviation." (Ord. 25209.)

*Charter reference— For Charter provisions creating the airport department, see Charter § 807.

In addition to those general functions, powers and duties given to the department head by this Chapter and other provisions of this Code, the Director shall:

• A. Manage and supervise the operation of San José International Airport.

• B. Make recommendations to the City Manager respecting the betterment of the airport, its operation, and all activities connected or related thereto.

• C. Administer and enforce all laws, ordinances and regulations relating to the operation and use of the airport.

• D. Design and prepare plans and specifications and contract documents for work done within the San José International Airport, under and pursuant to the public works contracts which the Director of Public Works is authorized to execute and enter into pursuant to Title 27 of this Code, and supervise and inspect such work.

• E. Perform such other programs or functions related to the airport that the City Council or the City Manager may, from time to time, authorize or request.

(Ords. 25209, 30308.)

Part 16

DEPARTMENT OF CONVENTIONS, ARTS AND ENTERTAINMENT

Sections:

The department of conventions, arts and entertainment is hereby established. (Ord. 25209.)

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SAN JOSÉ CODE

§ 2.04.1610

The director of conventions, arts and entertainment shall be the head of the department of conventions, arts and entertainment. (Ord. 25209.)

In addition to those general functions, powers and duties given to the department head by this chapter and other provisions of this Code, the director shall:

• A. Manage and supervise the use of the convention and cultural facilities as defined in Title 22, and any other facilities placed under the authority of the director.

• B. Manage and supervise the city's arts programs.

• C. Supervise outdoor events located on public property, including parades, festivals, celebrations and promotions, as directed by the city council or the city manager.

• D. Adopt procedures and rules and regulations deemed by the director to be necessary for the proper use and operation of the convention and cultural facilities.

• E. Perform such other services or functions related to conventions, arts and entertainment in the city, that the city council or the city manager may, from time to time, authorize or request.

• (Ords. 25209, 26336.)

Part 18

ENVIRONMENTAL SERVICES DEPARTMENT

Sections:

The director of environmental services shall be the head of the environmental services department.

(Ord. 25209.)

In addition to those general functions, powers and duties given to the department head by this chapter and other provisions of this Code, the director shall:

• A. Administer all programs related to wastewater treatment, water quality protection, water conservation, and water reclamation, including all programs of the San José/Santa Clara Water Pollution Control Plant.

• B. Perform all functions, powers and duties delegated to the director of water pollution control under any agreement relating to the San José/Santa Clara Water Pollution Control Plant.

• C. Administer all programs related to the provision of water service by the municipal water system.

• D. Administer all integrated waste management programs, including solid waste management programs.

• E. Coordinate energy conservation programs.

• F. Coordinate environmental programs related to operation and maintenance of city facilities.

• G. Perform such other programs and functions relating to environmental protection that the city council or the city manager may from time to time, authorize or request.

• (Ord. 25209.)

The environmental services department is hereby established. (Ord. 25209.)

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ADMINISTRATION

§ 2.04.2210

Sections:

Part 20

FINANCE DEPARTMENT*

6. Administer the procurement of supplies, materials and equipment and contracts for general services for the city.

7. Supervise the operation of city warehouses.

The finance department is established by Charter Section 806.

(Ord. 25209.)

The director of finance shall be the head of the finance department.

(Ord. 25209.)

• A. In addition to those general functions, powers and duties given to the department by this chapter and other provisions of this code, the director shall:

  1. Administer and enforce all ordinances and regulations of the city relating to the imposition and collection of city taxes.

  2. Administer and supervise the investment of city funds in accordance with city's investment policies as may be adopted or amended by the city council from time to time.

  3. Administer and supervise the issuance of debt by the city, the City of San José financing authority, and such other financing entities as may be formed by the city from time to time.

  4. Administer and supervise the accounts payable function of the city.

  5. Administer and supervise the risk management function of the city.

*Charter reference— For Charter provisions on the finance department, see Charter § 806.

8. Administer the city's responsibilities with regard to surplus personal property.

9. Perform such other programs or functions related to city finance or procurement matters that the city council or the city manager may, from time to time, authorize or request.

• B. The director, with the concurrence of the city attorney, shall have the authority to promulgate and publish regulations related to the administration, collection and enforcement of city taxes. This subsection shall not apply in the event that a specific provision of this code applies or to the extent that this subsection conflicts with another provision in this code.

• (Ords. 25209, 27447, 29145.)