Santa Clara County Municipal Code Ch. III District Attorney

Footnotes:

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Charter reference— Election of District Attorney, § 501.

Cross reference— Law enforcement generally, Div. A20.

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)

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

(Code 1954, § 3.1.17-2)

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— Personnel system, Art. VII.

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— Duties as prosecutor, Government Code § 26500 et seq.

The Board of Supervisors finds as follows:

(a) On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

(b) Assembly Bill 481 reflects a legislative recognition of the impact of military equipment on public safety, welfare, civil rights, and civil liberties. Assembly Bill 481 also reflects legislative intent to ensure that appropriate legal safeguards are in place to govern the use of military equipment in communities and to ensure that the public has a right to participate and provide meaningful input on a law enforcement agency's decision to fund, acquire, or use military equipment.

(c) Assembly Bill 481, codified at Government Code sections 7070—7075, requires law enforcement agencies to obtain approval of the applicable governing board, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as that term is defined in Government Code section 7070.

(d) Assembly Bill 481 requires agencies that receive approval of a military equipment use policy to publish on their website and submit to the governing body a military equipment use report within one year of approval, and annually thereafter.

(e) Assembly Bill 481 requires these agencies to hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing an annual military equipment use report.

(f) The County of Santa Clara Office of the District Attorney published an annual military equipment use report on its website on September 24, 2025, held a public community engagement meeting within 30 days, and submitted the annual military equipment use report to the Board of Supervisors for its meeting on March 10, 2026.

(g) Assembly Bill 481 allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

(h) The County of Santa Clara Office of the District Attorney has prepared a military equipment use policy, Bureau of Investigation Policy 609, that meets the requirements of Government Code section 7070(d).

(i) Bureau of Investigation Policy 609, which incorporates by reference the Office of the District Attorney's Military Equipment Annual Report, was publicly posted on the agency's website on August 29, 2025, and the policy is available for inspection from the Office of the District Attorney.

(Ord. No. NS-300.963, § 1, 8-16-22; Ord. No. NS-300.977, § 1, 8-29-23; Ord. No. NS-300-978, § 1, 10-17-23; Ord. No. NS-300.990, § 1, 10-8-24; Ord. No. NS-300.1001, § 1, 3-24-26)

(a) Based on the findings of Ordinance Code section A22-35 and the military equipment use policy, the military equipment annual use report, and other materials submitted by the Office of the District Attorney, the Board of Supervisors makes the following determinations:

(1) The military equipment listed in Bureau of Investigation Policy 609 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

(2) The military equipment listed in Bureau of Investigation Policy 609 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

(3) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

(4) Prior military equipment use by the Office of the District Attorney complied with the military equipment use policy that was in effect at the time.

(b) The Office of the District Attorney military equipment use policy, contained in Bureau of Investigation Policy 609, is hereby adopted. Bureau of Investigation Policy 609 is incorporated by reference as though fully set forth herein. Complete copies of Bureau of Investigation Policy 609 are available for inspection on the Office of the District Attorney's website and from the Office of the District Attorney.

(c) Bureau of Investigation Policy 609 shall be amended only upon the approval of the Board of Supervisors in accordance with the procedures described in Government Code section 7071.

(Ord. No. NS-300.963, § 2, 8-16-22; Ord. No. NS-300.977, § 2, 8-29-23; Ord. No. NS-300-978, § 2, 10-17-23; Ord. No. NS-300.979, § 2, 12-12-23; Ord. No. NS-300.990, § 2, 10-8-24; Ord. No. NS-300.1001, § 2, 3-24-26)