Santa Clara County Municipal Code Art. 3 Financial Custody and Supervision

The Director of Finance shall have the duties imposed by the Charter and the general laws of the State of California, and shall perform such other duties as are authorized by the County Executive and as are set out herein.

(Ord. No. NS-300.393, § 9, 3-26-85)

The Director of Finance or designee shall be custodian of all moneys received by the County from any source. The Director of Finance or designee shall maintain records and accounts showing true balances at all times.

(Ord. No. NS-300.393, § 9, 3-26-85; Ord. No. NS-300.896, § 4, 6-7-16)

The Director of Finance or designee shall audit and allow or reject claims in accordance with the procedures prescribed in Article 2 of Chapter 4 of Division 3 of Title 3 of the Government Code (Government Code § 29740 et seq.). Notwithstanding the foregoing, the three-day waiting period set forth in Government Code § 29742 of the shall not apply to any claims. Claims against the County pursuant to Government Code § 29707 shall be presented to and allowed or rejected by the Director of Finance or designee pursuant to Government Code § 29707.1.

(Ord. No. NS-300.393, § 9, 3-26-85; Ord. No. NS-300.439, 6-14-88; Ord. No. NS-300.896, § 5, 6-7-16)

A warrant is considered lost if it has been mailed and has not been received by the addressee within ten business days after the date of mailing.

(Ord. No. NS-300.393, § 9, 3-26-85; Ord. No. NS-300.896, § 6, 6-7-16)

(a) Any warrant issued by the County of Santa Clara is void if not presented to the Director of Finance for payment within six months after its date.

(b) At any time within two years from the date on which a warrant becomes void, the warrant may be reissued in conformance with Government Code section 29802(b).

(c) If the payee or assignee of a void warrant presents the warrant more than two years after the warrant becomes void, but no more than five years from the end of the fiscal year in which it was issued, the Board of Supervisors may authorize the Director of Finance to reissue the warrant in the same amount. The Board may also delegate authority to the Director of Finance to reissue warrants in conformance with Government Code section 29802, this Ordinance Code, and any additional limitations prescribed by resolution. Warrants will not be reissued if they have not been presented for payment within five years from the end of the fiscal year in which they were issued.

(Ord. No. NS-300.942, § 1, 6-23-20)

(a) Each County officer or person in charge of any office, department, service or institution of the County, and the executive head of each special district whose affairs and funds are under the supervision and control of the Board of Supervisors or for which the Board is ex officio the governing body shall file with the Director of Finance not less often than annually, and at times fixed by the Director of Finance, an inventory under oath, showing in detail all County (or district) property in his or her possession or in his or her charge. The Director of Finance or designee shall prescribe the manner and form in which the inventory shall be compiled. This shall include the Annual Physical Inventory to commence in August each year and the Physical Inventory Certification, and all corresponding documents, which shall be submitted to the Auditor-Controller by November 30 of each year. The inventories shall be kept on record by the Director of Finance for at least five years and thereafter may be destroyed by such officer.

(b) Upon vacating a County (or district) office or employment, each such person defined in subsection (a) shall prepare a certified statement of assets under the person's control. Such certified statement of assets will include, but not be limited to, cash on hand, bank accounts, and other tangible assets. A true and correct copy of the certified statement of assets shall be delivered to the Auditor-Controller who shall thereafter deliver a copy to the successor in office. The successor in office shall acknowledge receipt of the statement in writing. The written acknowledgement shall be filed with the Auditor-Controller or designee. The certified statement of assets will be subject to audit by the Internal Audit Division.

(Ord. No. NS-300.393, § 9, 3-26-85; Ord. No. NS-300.896, § 7, 6-7-16; Ord. No. NS-300.942, § 2, 6-23-20)

The Director of Finance shall prescribe, subject to the approval of the County Executive, the methods of keeping and rendering accounts of all offices, institutions, departments, agencies and districts; and he or she shall have full access to all offices, institutions, departments, agencies and districts for the purpose of examining or revising procedures and forms pertaining to the recording of all transactions of such offices, institutions, departments, agencies and districts.

(Ord. No. NS-300.393, § 9, 3-26-85)

Whenever any office, department or institution requires equipment, materials, supplies or services which another office, department or institution is able to furnish, a suitable request shall be prepared in a manner compliant with the County Fixed Asset Policies and Procedures that are prescribed by the Director of Finance or designee. Where the request is for the transfer of materials, equipment or supplies purchased from capital outlay funds, or is for services involving an expenditure of capital outlay funds, it shall be approved by both releasing and receiving departments and submitted to the Director of Finance or designee. After such suitable request has been prepared, approved by the affected departments, and transmitted in the manner compliant with the County Fixed Asset Policies and Procedures that are prescribed by the Director of Finance or designee, the materials, equipment, supplies or services may be transferred or furnished. In such cases, appropriate charges and credits to the respective accounts of the offices, departments, agencies and institutions affected by such transfer shall be made by the Director of Finance, or designee.

(Ord. No. NS-300.393, § 9, 3-26-85; Ord. No. NS-300.896, § 8, 6-7-16)

(a) Purpose.

(1) The Board adopts this section to approve a list of goods and services which may be directly acquired by County agencies and departments (the "Direct Payment List").

(2) The Board has the authority to purchase goods and services on behalf of the County and has authorized the County's Director of Procurement (the County's purchasing agent) to acquire goods and certain services for the County in accordance with Chapter IV of Division A34. The Direct Payment List constitutes a delegation of the Board's and the Director of Procurement's authority.

(3) This section replaces repealed Ordinance No. NS-3.44, an uncodified ordinance adopted by the County on September 13, 2005.

(4) Some codes on the Direct Payment List have been eliminated. As a result, the numbers are not consecutive. To allow for historical tracking, the codes have not been renumbered.

(5) The goods and services described on the Direct Payment List are those for which a formal procurement process is either impracticable or would not offer a benefit to the County commensurate with the cost of such process.

(b) Direct payment list. Direct payment shall not be used by County departments and agencies to pay for any goods or services or to make any disbursements that are not identified below. The following goods, services, and disbursements shall be paid for directly by County departments and agencies only if there is no existing County contract for the goods, services, or disbursements:

A. BOARD APPROVED PAYMENTS:

1. Payments approved by the Board as evidenced in an approved Board agenda.

B. PAYMENTS AUTHORIZED PURSUANT TO STATUTE:

2. Election expenses (Elections Code Sections 13001 and 14100). Restricted for use by the Registrar of Voters.

3. Expenses of the Sheriff, Corrections, District Attorney, County Counsel, and Public Defender departments (not including general office supplies, books, educational expenses) under Gov. Code Sections 27642, 29601, and 29602 including, but not limited to, the following:

a. Expenses of Laboratory Criminalistics for outside lab work.

b. Investigative expenses.

c. Pre-booking medical care expenses.

7. Publication of legal notices (Gov. Code Sections 6060, 25124). Legal notice includes official advertising, resolutions, orders, ordinances, and other matters that are required by law or regulation to be published in a newspaper of general circulation under these statutes or any others.

8. Public Guardian/Administrator expenses for support and care of conservatees (Gov. Code Section 27435).

9. Non-recurring expenses incurred to adopt children eligible for Adoption Assistance Program (W & I Code Section 16120.1).

10. Rewards authorized by law to be given to persons for providing vital information (Gov. Code Section 26207 and any other applicable statute or ordinance).

11. Towing, storage and other costs related to: 1) impoundment and forfeiture of towed vehicles; 2) vehicles confiscated for evidence purposes or as necessary to motor vehicles in accordance with Vehicle Code Section 14607.6; 3) improper compliance with law.

12. Payment by SSA Adult Protective Services Division on behalf of elder and dependent adults as required by Welfare and Institutions Code Section 15763.

C. PAYMENTS REQUIRED BY COURT ORDER:

2. Reporter and transcript fees (Gov. Code Section 69952).

3. All other payments ordered by court.

D. PAYMENTS AUTHORIZED BY THE BOARD OF SUPERVISORS THROUGH OTHER ACTIONS:

1. ESA Insurance Payments - Board granted approval authority up to $7,500.00 by individual adjuster, up to $20,000.00 by Insurance Claims Supervisor and up to $50,000.00 by Director of Employee Services Agency.

2. California Children Services.

3. Housing and Community Development loans and grants approved by the Housing Loan Committee as designated by the County Executive.

E. UTILITY PAYMENTS FOR COUNTY FACILITIES OR COUNTY BUSINESS:

1. County bills for electricity, natural gas, water, telephone usage, internet connection, garbage (wet) and rubbish (dry). Special hauling jobs are excluded from this category.

F. PAYMENTS AUTHORIZED BY ORDINANCE:

1. Travel, lodging, or meal expenses incurred by any person, group, appointive board or commission providing services to the County without compensation or by any representative designated by the Board to maintain Sacramento or Washington offices in accordance with Ordinance Code Section A31, the Travel Policy Desk Reference Manual, and other applicable Board policies. Restricted for use by the Controller-Treasurer and SSA.

G. PAYMENTS PURSUANT TO LABOR AGREEMENTS:

1. Arbitration expenses, hearing officer expenses.

2. Tuition reimbursement.

3. State Bar Association dues. Restricted for use by the County Counsel, Public Defender, District Attorney, and Department of Child Support Services.

H. APPROVED BY BOARD OF SUPERVISORS BY DIRECT PAYMENT LIST:

1. Advertising, in any media, for the recruitment of personnel, volunteers, and foster parents not to exceed $5,000.00 per occurrence.

2. Fees for participation in fairs and exhibitions if (1) the participation relates directly to the duties or functions of the County department or agency and (2) the fee has been approved by the Department Head or designee and the Chief Operating Officer.

3. ESA payment of insurance premium up to $200,000.00 and insurance legal and adjusting payments up to $25,000.00 per fiscal year per vendor.

4. Individual, department, or agency membership in any professional organization if (1) the membership assists the individual, department, or agency in performing their County duties or functions; (2) the membership is approved by the Department Head or designee; and (3) the County Procurement Card cannot be used.

5. Labor contract negotiation expenses not to exceed $1,000.00 per occurrence. Expenses over $1,000.00 per occurrence must be approved by the Department Head or designee. Restricted for use by ESA,

6. Reissue stale dated or missing warrant/check.

7. Mandatory payments to other government agencies.

8. Non-mandatory payments to other governmental agencies for goods or services provided directly to the County that do not exceed $2,500.00 per occurrence.

9. Recruitment Oral Board expenses, including facility related charges, such as room rental charges and refreshments; and travel expenses of oral board members who are not county employees.

10. Payroll related payments - PERS (Public Employees Retirement System), Credit Union, Insurance, etc. Restricted for use by the Controller-Treasurer and ESA.

11. Property tax and assessments apportionments - mandatory payments per laws and regulations. Restricted for use by the Controller-Treasurer.

12. Postage when the County Procurement-Card cannot be utilized. For e.g., replenish postage meters.

13. Revenue refunds, reimbursements of deposits from third parties that do not require appropriations, and disbursements of funds of a County-commission managed by a County department.

14. Transportation (non-travel) for use by employees, clients or volunteers as required by law or labor agreement. Restricted for use by CSCHS, SSA, Department of Correction and Probation only.

15. Worker's Compensation Medical Expenses, including mileage reimbursements, medical supplies, pharmacy bills, durable medical equipment, etc., as required by Labor Code section 4600.

16. Worker's Compensation Disability Payments - Disability payments to claimants and settlements to claimant attorney.

17. Valley Health Plan payment to providers for medical services. Notwithstanding the language in subsection (b) above, this provision applies despite the existence of a contract.

18. SCVH - Hospital Council of Northern California - goods and services other than membership fees.

19. Procurement of mother's milk and body tissues from the Institute for Medical Research (CSCHS only).

20. SCVH - Joint Commission on Accreditation of Hospitals expense.

21. Worker's Compensation legal fees less than $50,000.00 per vendor per fiscal year.

22. Payment of incentive by SSA to clients (seniors, Foster Care youths, etc.) for program accomplishments not to exceed $1,000.00 per occurrence. Payments over $1,000.00 per occurrence must be approved by the Department Head or designee.

23. Payments to child care providers covered by the Child Development Program (a public assistance program).

24. Payments to legal counsel pursuant to Ordinance Code sections A18-70—A18-72. Restricted for use by SSA only.

25. Payment of bank charges or fees incurred by the County for banking or financial services (i.e. bank service charges, merchant's credit card fees, etc.).

26. Per diem for attendance of board, commission, grand jury and similar meetings pursuant to Board policy.

27. Payments for services provided through the California State Association of Counties (CSAC).

28. Payment to outside providers for non-recurring medically necessary services provided to SCVH patients of up to $50,000.

29. Payments to interpreters/translators for Social Services Agency where services required by federal law or court.

30. Rent and respite payments incurred for the Family Preservation Program.

31. Debt service payments, issuance and administrative costs, and incidental fees associated with Board approved indebtedness. Restricted for use by the County Executive and the Controller-Treasurer.

32. Settlement of disputed employee disciplinary action when authorized by Labor Relations if the settlement does not exceed $50,000.00.

33. Payments covered under the "AFDC-FC 5% Augmentation Program."

34. Medical examination expenses related to assessment of employee's fitness to return to duty (ESA only).

35. Temporary housing of tuberculosis clients in residential care facilities.

36. Purchase of books, magazines, periodicals, and subscriptions in paper, online or electronic format with suppliers and publishers who do not accept the County Procurement Card. (Not to be used for Software license subscription purchase). Purchases exceeding $5,000.00 per occurrence must be approved by the Department Head or designee.

37. Registration fees and seminar (e.g., webinars) when travel is not involved, if (1) the County Procurement Card cannot be used, and (2) the fee is approved by the Department Head or designee.

38. Employee reimbursement related to County operations not exceeding $300.00 per transaction, excluding travel, mileage, services, and petty cash replenishment. If the employee reimbursement exceeds $300.00 per transaction, then the reimbursement must be approved by the Department Head or designee and the Chief Operating Officer.

39. Reimburse employees for payments authorized by MOUs and agreements with labor organizations and individual employee contracts.

40. Valley Health Plan payment to brokers for the sale of Valley Health Plan Covered California and Individual and Family Plans. Notwithstanding the language in subsection (b) above, this provision applies despite the existence of a contract.

I. NON-COUNTY DISBURSEMENT.

1. All non-county government payments from or on behalf of the Santa Clara County Library District, the Santa Clara County Office of Education, fire districts, special districts, joint powers authorities or other California government agencies.

(Ord. No. NS-300.859, § 1, 5-21-13; Ord. No. NS-300.896, § 9, 6-7-16; Ord. No. NS-300.950, § 1, 10-5-21; Ord. No. NS-300.968, § 17, 12-6-22; Ord. No. NS-300.893, 5-7-24)