[Ord. No. 1129 §1(Prop. 7), 12-16-1985; Ord. No. 4058 §1(Prop. 5), 12-11-2006]
Any elected or appointed officer, employee or member of any
board or commission of the city who has a substantial financial interest,
direct or indirect in any proposed or existing contract with the city
or in the proposed sale or purchase of any land, material, supplies
or services to or from the city shall make known that interest in
writing to the city council and shall refrain from voting upon or
otherwise participating in his or her capacity as a city officer or
employee or board or commission member in the making of such sale
or purchase or in the making or performance of such contract. Any
city officer or employee or board or commission member who willfully
conceals such a substantial financial interest or willfully violates
the requirements of this section shall be guilty of malfeasance in
office or position and shall forfeit his or her office or position.
Violation of this section with the knowledge express or implied of
the person or corporation contracting with or making a sale to or
purchase from the city shall render the contract or sale or purchase
voidable by the city administrator or the city council. The city council
shall enact and maintain a conflict of interest ordinance embodying
the above principles.
[Ord. No. 4058 §1(Prop. 5), 12-11-2006]
(a)
Activities prohibited.
(1)
No person employed by the City or seeking employment from the
City shall be appointed, promoted, demoted, removed or in any way
favored or discriminated against because of his or her age, race,
color, marital status, national origin, political affiliation, religion,
sex or disabled status except where specific age, sex or physical
requirements constitutes a bona fide occupational qualification.
(2)
No person shall willfully make any false statement, certificate,
mark, rating or report in regard to any test, certification or appointment
under the personnel provisions of this charter or the rules and regulations
made thereunder, or in any manner commit or attempt to commit any
fraud preventing the impartial execution of such provisions, rules
and regulations.
(3)
No person who seeks appointment or promotion with respect to
any city position or appointive city administrative office shall directly
or indirectly give, render or pay any money, service or other valuable
thing to any person for or in connection with his or her test, appointment,
proposed appointment, promotion or proposed promotion.
(b)
Penalties. Any person who by himself or with others
willfully violates any of the provisions of Paragraphs (1) through
(3) shall be guilty of a misdemeanor and upon conviction thereof shall
be punishable as may be provided by ordinance.
No action shall be maintained against the city for or on account
of any injury growing out of alleged negligence of the city unless
notice shall first have been given in writing to the city administrator
within ninety (90) days of the occurrence for which said damage is
claimed, stating the place, time, character and circumstances of the
injury, and that the person so injured will claim damages therefor
from the city.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
All officers and employees of the city who receive, disburse,
or are responsible for city funds, and such other appointed or elected
officers and employees as the city council by ordinance may designate,
shall, within such time after election or appointment as may be fixed
by ordinance, and before entering upon the discharge of their duties,
give bond to the city in such sums and with such sureties as shall
be prescribed by ordinance, and subject to approval by the city council,
conditioned upon the faithful and proper performance of their duties
and for the prompt accounting for and paying over to the city of all
monies belonging to the city that may come into their hands. The city
shall pay the premiums on all such bonds.
[Ord. No. 1129 § 1(Prop. 7), 12-16-1985; Ord. No. 4055 §1(Prop. 2), 12-11-2006]
Amendments to this charter may be framed and submitted to the
electors by a commission in the manner provided by law and the constitution
for framing and submitting a complete charter. Amendments may also
be proposed by the city council or by petition of not less than ten
percent (10%) of the registered qualified electors of the city, filed
with the city clerk, setting forth the proposed amendment. The city
council shall promptly provide by ordinance that any amendment so
proposed shall be submitted to the electors as soon as possible at
a regularly scheduled election to be held in the city as provided
by law and the constitution for a charter, except that the city council
may in its discretion provide for a special election at an earlier
date. Any amendment approved by a majority of the qualified electors
voting thereon shall become a part of the charter at the time and
under the conditions fixed in the amendment; sections or articles
may be submitted separately or in the alternative and determined as
provided by law and the constitution for a complete charter.
(a)
Improvements. The procedure for making, altering,
vacating or abandoning a public improvement shall be governed by general
ordinance, consistent with applicable state law.
(b)
Special assessments. The procedure for levying,
collecting and enforcing the payment of special assessments for public
improvements or special tax bills evidencing such assessments shall
be governed by general ordinance, consistent with applicable state
law.
Any ordinance may be proved by a copy thereof certified by the
city clerk under the seal of the city; or, when printed and published
by authority of the city, it shall be received in evidence in all
courts, or other places, without further proof of authenticity.
If any provision of this charter is held invalid, the other
provisions of the charter shall not be affected thereby. If the application
of the charter or any of its provisions to any person or circumstances
is held invalid, the application of the charter and its provisions
to other persons or circumstances shall not be affected thereby.
