Santa Clara County Municipal Code Art. II Board

Section 200. The governing body of the county is a board of supervisors of five members elected by district. Districts are apportioned pursuant to general law.

Section 201. A candidate for election or appointment as supervisor shall be an elector in the district and shall have resided in the district prior to appointment or nomination for election for the period of time fixed by law.

Section 202. [1] The term of office of supervisor is four years. The term of office commences at noon on the first Monday in January.

The elections for Members of the Board of Supervisors shall be staggered so that the Supervisor for the Second, Third and Fifth Districts shall be elected in the same general election as the Presidential election, and Supervisor for the First and Fourth Districts shall be elected in the same general election as the Gubernatorial election.

A candidate is elected who receives a majority of all votes cast at the primary election. When no candidate is so elected, the two candidates who received the highest number of votes shall be the candidates at the November election.

No charge shall be imposed for a candidate statement of qualifications to be included in the voter's pamphlet. In all other respects the elections shall be conducted pursuant to general law.

No person elected or appointed as a Supervisor may serve as such for more than three successive four year terms. Any person appointed to the office of Supervisor to complete in excess of two years of a four year term shall be deemed, for the purpose of this section, to have served one full term upon the expiration of that term. No person having served three successive four year terms may serve as a Supervisor, either by election or appointment, until at least four years after the expiration of the third successive term in office. Any Supervisor who resigns with less than two full years remaining until the expiration of the term shall be deemed, for the purpose of this Section, to have served a full four year term. The above shall not disqualify any person from running for election to the Board of Supervisors for any term or terms which are not successive.

Section 203. [2] Whenever a vacancy occurs in the office of supervisor, the vacancy shall be filled by appointment by the Board of Supervisors, or, alternatively, by an election called by the Board. If the appointment or call for an election is not made within 45 days from the occurrence of the vacancy, the Governor shall make the appointment.

If the Board calls for an election, the primary election date shall be within 120 days after the vacancy occurs and the date for the run-off, if necessary, shall be not more than 56 days thereafter. If a candidate receives a majority of the votes cast at the special primary election, that candidate shall hold office for the remainder of the term. If no candidate receives a majority of the votes, the names of the two candidates receiving the most votes shall be placed on the ballot for the run-off election at which the candidate receiving the most votes shall be elected to the office for the remainder of the term.

If the Board makes an appointment, the appointee shall hold office until the election and qualification of the successor. The election of a supervisor to fill an unexpired term shall be held at the next direct primary or general election in each even-numbered year, whichever occurs first. No such election shall be held within 180 days of the occurrence of the vacancy nor within the year preceding the year in which the term expires. The candidate having the highest number of votes shall be elected.

Section 204. Salaries of supervisors shall be fixed by ordinance and shall be based upon the time required for the proper performance of their public duties and commensurate with their responsibilities.

Section 205. The Board of Supervisors, annually at the first meeting following the first Monday in January, shall elect a presiding officer and a presiding officer pro tem. The presiding officer shall preside at all meetings. In the absence or inability to act of the presiding officer, the presiding officer pro tem shall act with all the authority of the presiding officer.

Three members of the board shall constitute a quorum for the transaction of business. No act of the board shall be valid unless three members concur.

Section 206. [3] The Board of Supervisors shall, at their first meeting of each calendar year, adopt a schedule of meetings sufficient to conduct the business of the County and shall provide by ordinance or resolution for the manner and time of holding all regular and special meetings.

Section 207. No supervisor, during the term of office or for one year thereafter, shall be eligible for appointment to any county office, position or employment carrying compensation, exclusive of traveling and other authorized expenses.

Section 208. [4] Nothing in this Charter shall preclude the Board of Supervisors from authorizing an instant run-off voting system for the November general election, which eliminates the need for run-off elections, when such technology is available to the County.

Footnotes:

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Section 202: Amended and ratified by the Voters June 2, 1992; June 2, 1998; November 3, 1998.

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Section 203: Amended and ratified by the Voters November 2, 1982; November 4, 1986; November 5, 1996; June 2, 1998.

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Section 206: Amended and ratified by the Voters June 2, 1998.

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Section 208: Added and ratified by the Voters November 3, 1998.