The City Council shall appoint the City Manager and the City
Attorney, which positions shall not be in the Classified Service and
who may be removed by motion of the City Council adopted by at least
five affirmative votes.
It shall also appoint the City Clerk, which position shall be
in the Classified Service. The City Council in its discretion shall
establish by resolution the salary and such other terms of employment
of the City Manager, City Attorney and City Clerk as the City Council
determines to be appropriate.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS; amended at General Municipal Election, November 7, 2006, certified by Res. No. 10187CCS)
The City Manager shall appoint, and may remove, all directors
of City departments under the City Manager's control, including the
Chief of Police and the Chief of the Fire Department, which positions
shall not be in the classified service or considered to have civil
service status.
The City Manager shall consult with boards and commissions as
appropriate concerning the appointment of a department director.
(Amended by Res. No. 675CCS, adopted 4/17/51; General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS; amended at General Municipal Election, November 7, 2006, certified by Res. No. 10187CCS)
The City Council may provide by ordinance for the creation,
continuation, reorganization or abolishment of any City departments
under the control of the City Manager, regardless of whether the department
is referred to in the City Charter, upon recommendation of the City
Manager. Each department so created, reorganized or continued shall
be headed by an officer, as department director, who shall be appointed
by the City Manager. The positions of such department directors shall
not be included in the Classified Service.
(Amended at General Municipal Election, November 7, 2006, certified by Res. No. 10187CCS)
The City Manager shall be chosen on the basis of his or her
executive and administrative qualifications. The City Manager shall
be paid a salary commensurate with the City Manager’s responsibilities
as chief administrative officer of the City. No City Councilmember
shall receive such appointment during the term for which the Councilmember
shall have been elected, nor within two years after the expiration
of the Councilmember’s term.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
The City Manager shall be the chief executive officer and the
head of the administrative branch of the City government. The City
Manager shall be responsible to the City Council for the proper administration
of all affairs of the City, and shall have power and be required to:
(a)
Appoint
and remove, subject to the Civil Service provisions of this Charter,
all department heads of the City except as otherwise provided by this
Charter, and pass upon and approve all proposed appointments and removals
of subordinate employes by department heads;
(b)
Prepare
the budget annually and submit it to the City Council and be responsible
for its administration after adoption;
(c)
Prepare
and submit to the City Council as of the end of the fiscal year a
complete report on the finances and administrative activities of the
City for the preceding year;
(d)
Keep
the City Council advised of the financial condition and future needs
of the City and make such recommendations as may seem desirable; and
(e)
Perform
such other duties as may be prescribed by this Charter or required
of the City Manager by the City Council, not inconsistent with this
Charter.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
The City Manager shall be accorded a seat at the City Council
table and shall be entitled to participate in the deliberations of
the City Council, but shall not have a vote.
The City Manager shall appoint, subject to the approval of the
City Council, one of the other officers of the City to serve as Manager
Pro Tempore during any temporary absence or disability of the City
Manager.
Assistant City Manager. In the event that the City
Council provides for the appointment of an Assistant City Manager,
the Assistant City Manager shall be appointed by, and be under the
supervision and direction of, the City Manager. The position of Assistant
City Manager shall not be in the Classified Service.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
The City Clerk shall have power and be required to:
(a)
Attend
all meetings of the City Council and record and maintain a full and
true record of all of the proceedings of the City Council in books
that shall bear appropriate titles and be devoted to such purposes.
Such books shall have a general index sufficiently comprehensive to
enable a person readily to ascertain matters contained therein;
(b)
Maintain
ordinance and resolution books into which shall be recorded all City
ordinances and resolutions with the certificate of the Clerk annexed
to each thereof stating the same to be a correct copy, giving the
number of said ordinance or resolution and, as to an ordinance requiring
publication, stating that the same has been published or posted in
accordance with this Charter.
(c)
Be
the custodian of the seal of the City;
(d)
Administer
oaths or affirmations, take affidavits and depositions pertaining
to the affairs and business of the City and certify copies of its
official records;
(e)
Appoint
and remove all assistants and other persons as are authorized to be
employed in the office by the City Council, with the position of the
Assistant City Clerk not being in the Classified Service of the City,
unless the City Council by resolution determines otherwise. All other
positions in the City Clerk's office shall not be in the Classified
Service of the City unless the City Council by resolution determines
otherwise; and
(f)
Perform
such other tasks as the City Council shall direct by ordinance or
resolution.
(Amended at General Municipal Election, November
7, 2006, certified by Res. No. 10187CCS)
The position of City Attorney shall be a full time position
and the appointee shall not be entitled to engage in private practice.
To become eligible for appointment as City Attorney, the appointee
shall have been admitted to practice as an attorney at law in all
of the state courts of California and shall have been engaged in the
practice of law for at least five years immediately prior to his or
her appointment. The City Attorney shall have power and be required
to:
(a)
Represent
and advise the City Council and all City officers in all matters of
law pertaining to their offices;
(b)
Represent
and appear for the City and any City officer or employee or former
City officer or employee, in any or all actions and proceedings in
which the City or any such officer or employee, in or by reason of
his or her official capacity, is concerned or is a party, but the
City Council shall have control of all legal business and proceedings
and may employ other attorneys to take charge of any litigation or
matter or to assist the City Attorney therein;
(c)
Attend
all meetings of the City Council and give advice or opinions in writing
whenever requested to do so by the City Council, or by any of the
boards or officers of the City;
(d)
Approve
the form of all bonds given to and all contracts made by the City,
endorsing approval thereon in writing;
(e)
Prepare
any and all proposed ordinances or resolutions for the City, and amendments
thereof;
(f)
Appoint
and remove such assistants and clerical and stenographic help as are
authorized to be employed in the City Attorney’s Office by the
City Council, such persons not to be in the Classified Service of
the City;
(g)
Prosecute
on behalf of the people all criminal cases for violation of this Charter
and of City ordinances, and all misdemeanor offenses arising upon
violation of the laws of the State; and
(h)
On
vacating the office, surrender to his or her successor all books,
papers, files and documents pertaining to the City’s affairs.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
The City Controller shall have charge of the administration
of the financial affairs of the City and shall have the power and
be required to:
(a)
Compile
the budget expense and capital estimates for the City Manager;
(b)
Supervise
and be responsible for the disbursement of all monies and have control
over all expenditures to insure that budget appropriations are not
exceeded;
(c)
Maintain
a general accounting system for the City government and each of its
offices, departments and agencies; keep books for and prescribe the
financial forms to be used by each office, department and agency;
(d)
Require
and supervise the keeping of, current inventories of all property,
real and personal, by the respective officers in charge thereof and
periodically to audit the same;
(e)
Submit
to the City Council, through the City Manager, a monthly statement
of all receipts and disbursements in sufficient detail to show the
exact financial condition of the City; and, as of the end of each
fiscal year, submit a complete financial statement and report; and
(f)
Audit
and approve before payment all bills, invoices, payrolls, demands
or charges against the City government and, with the advice of the
City Attorney, determine the regularity, legality and correctness
of such claims, demands or charges.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
The Personnel Director shall have power and be required to:
(a)
Give
wide publicity, through appropriate channels in each case, to all
announcements of competitive examinations to the end of encouraging
qualified persons to take such examinations;
(b)
Hold
competitive examinations for all appointments in the Classified Service,
restricting such examinations to persons reasonably qualified to perform
the duties of the position;
(c)
Prepare
and recommend to the Personnel Board and the City Council, Civil Service
rules and regulations;
(d)
Make
periodic studies of the classification plan based on the duties, authority,
and responsibility of positions in the City service and make recommendations
as to improvements therein;
(e)
Prepare
and maintain a pay plan for the City service;
(f)
Develop
and establish training and educational programs for persons in the
City service; and
(g)
Investigate
periodically the operation and effect of the personnel provisions
of this Charter and the rules promulgated thereunder and report findings
and recommendations to the City Manager and the Personnel Board.
(Added by Ord. No. 1051CCS, adopted 4/12/77)
The City Treasurer shall be the custodian of all public funds
belonging to or under control of the City, or of any office, department
or agency thereof, and shall have power and be required to:
(a)
Receive
and have custody of all moneys receivable by the City from any source;
(b)
Deposit
all moneys received in such depositories as may be designated by resolution
of the City Council or, if no resolution be adopted, by the City Manager,
and in compliance with all of the provisions of the State Constitution
and laws of the State governing the handling, depositing and securing
of public funds.
(c)
Disburse
moneys on demands properly audited in the manner provided for in this
Charter; and
(d)
Prepare
and submit to the City Controller monthly written reports of all receipts,
disbursements and fund balances, copies of which reports shall be
filed with the City Manager.
To be eligible for appointment as City Engineer, the appointee
shall have had at least five years’ practice as a Registered
Civil Engineer in the State of California, or shall be a Registered
Civil Engineer with at least five years’ previous experience
in municipal engineering.
The City Engineer shall have power and be required to:
(a)
Supervise
and be responsible for all City engineering work;
(b)
Supervise
and be responsible for the maintenance, properly indexed, of all maps,
plans, profiles, thorough and correct field notes of all surveys,
and other records and memoranda belonging to the City and pertaining
to the office of City Engineer and the work thereof; and
(c)
On
vacating the office, surrender to his or her successor all maps, plans,
field notes and other records and memoranda pertaining to the City’s
affairs.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
The Street Superintendent shall have the general care and supervision
of all City streets, sewers and drains and shall have power to and
be required to:
(a)
Make
frequent inspection of all streets, sewers and drains of the City;
(b)
Receive
and investigate all complaints as to their condition and have charge
of the enforcement of all laws and ordinances pertaining thereto;
and
(c)
Inspect
all streets, sewers and drains while the same are in the course of
construction; inspect, approve or reject all materials used in such
construction, whether done by contract or otherwise and, pending investigations
when necessary, stop all work thereon.
The Building Officer shall have charge of the supervision and
inspection of all building construction within the City and shall
have power and be required to:
The Chief of Police shall have power and be required to:
(a)
Preserve
the public peace;
(b)
Execute
and return all process issued to him or her by legal authority; and
(c)
Exercise
all the powers that are now or may hereafter be conferred upon sheriffs
and other police officers by the laws of the State.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
The Chief of the Fire Department shall have power and be required
to:
The Director of Cultural and Recreation Services shall have
power and be required to:
(a)
Supervise
and be responsible for the planning and preparation of a comprehensive
City recreation program, with the aid, assistance, and subject to
the approval, of the Recreation and Parks Commission; promote and
stimulate public interest therein, and to these ends solicit to the
fullest extent possible the cooperation of school authorities and
other public and private agencies interested therein; and
(b)
Actively
supervise and be responsible for all City playgrounds and recreation
facilities.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
No person holding the position of City Controller, City Treasurer,
City Engineer, Street Superintendent, Building Officer or Airport
Director shall be considered a departmental director unless the City
Manager designates the position in this manner and the position is
so described in the City's organizational structure as approved by
the City Council from time to time. In the discretion of the City
Manager any person may simultaneously hold more than one position
within City government.
(Added by General Municipal Election, November
7, 2006, certified by Res. No. 10187CCS)
