In addition to the City Manager, the City Council shall appoint the City Attorney. The City Manager and the City Attorney may be employed through written contracts, notwithstanding the appointive and removal authority otherwise provided in this Charter for the City Council.
Subject to the Civil Service provisions of this Charter the City Attorney shall appoint any deputy or assistant city attorneys employed in the Office of the City Attorney. Any such attorney shall serve at the pleasure of the City Attorney. When the City Attorney deems it necessary, the City Attorney may, subject to any limitations of law, suspend without pay, demote, discharge, remove or discipline any deputy or assistant city attorney whom he/she is empowered to appoint. Neither the City Council nor any individual member shall in any manner dictate the appointment or removal of any such staff attorney, but the City Council may express its views to and fully and freely discuss with the City Attorney any matter pertaining to the appointment and removal of such staff attorneys.
All other officers and department heads of the City shall be appointed by the City Manager and shall serve at the pleasure of the City Manager.
(Amended effective July 8, 1968 and November 30, 1995)
The City Council may provide for the creation or abolishment or reorganization of city departments or offices on the advice and recommendation of the City Manager. Each department shall be headed by an officer as department head who shall be appointed by the City Manager.
(Amended effective July 8, 1968 and November 30, 1995)
Each appointive officer shall perform the duties imposed upon him/her by this Charter, by ordinance, or resolution and, if under the jurisdiction of the City Manager shall perform such other duties relating to his/her office as may be required of him/her by the City Manager.
(Amended effective December 31, 1975)
The City Clerk shall be appointed by the City Manager and, subject to supervision and direction from the City Manager, be required to:
(a) 
Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose;
(b) 
Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter;
(c) 
Maintain separate books, in which a record shall be made of all written contracts and official bonds;
(d) 
Keep all aforementioned books properly indexed and open to public inspection when not in actual use;
(e) 
Be the custodian of the seal of the City;
(f) 
Administer oaths or affirmations, take affidavits, and depositions pertaining to the affairs and business of the City, and certify copies of official records; and
(g) 
Have charge of all City elections.
(Amended effective July 8, 1968 and November 28, 2007)
Following consideration of the recommendations of the City Manager, the City Council, by ordinance or resolution not inconsistent with this Charter, may provide for the administration of:
(a) 
the financial affairs of the City;
(b) 
matters relating to the public works and utilities, parks, playgrounds and other properties of the City; and
(c) 
inspection and regulation of building and related construction; the furnishing of police and fire protection and services; together with the operation of other functions and performance of other duties of the City, its officers and employees.
(Former Section 904 repealed effective July 8, 1968; New Section 904 effective July 8, 1968)
There shall be a City Attorney appointed by the City Council. The City Attorney shall serve at the pleasure of the City Council and may be removed, with or without cause, by motion of the City Council adopted by at least four affirmative votes. To become eligible for appointment as City Attorney, the appointee shall have been admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the practice of law for at least seven years prior to his/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, its Council, boards and commissions, in any or all legal actions or proceedings in which they or any of them are concerned or are a party.
Upon request of a current or former officer or employee of the City, defend such officer or employee in any legal action or proceeding brought against him/her, in his/her official or individual capacity, or both, on account of an act or omission in the scope of his/her employment as an officer or employee of the City, whenever the City is required by the General Laws of the State of California to provide such defense or whenever the Council elects to provide such defense even though not required to so do. Provided, however, that the City Attorney may refuse to provide such defense whenever, in his/her opinion, his/her providing such defense would conflict with his/her other duties or responsibilities, in which event the City, if required by the General Laws of the State of California to provide such defense or if it elects to provide such defense though not required by the General Laws to do so, shall provide other legal counsel for such purpose;
(c) 
Attend meetings of the City Council and give his/her advice or opinion in writing or appropriate electronic format 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 his/her approval thereon in writing;
(e) 
Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto;
(f) 
Prosecute on behalf of the people all criminal cases for violation of this Charter and of City ordinances;
(g) 
On vacating the office, surrender to his/her successor all books, papers, files and documents pertaining to the City's affairs; and
(h) 
Perform such other legal functions and duties incident to the execution of the foregoing powers as may be necessary, and perform such other legal services as may be required by the City Council, or imposed by law.
The City Attorney shall have control of all legal business and proceedings and, subject to contracting requirements and budget constraints, may employ other attorneys, appraisers and other technical and expert services to assist with or to take charge of any litigation or matter. No City employee may retain or contract with outside legal counsel for City business without the prior approval and supervision of the City Attorney.
(Amended effective July 8, 1968, December 31, 1975, December 23, 1982, November 30, 1995 and November 28, 2007)
The City Council shall fix by ordinance the nature, amounts and terms of the official bonds of all officers or employees who are required by ordinance to give such bonds. Provided, however, that all officers and employees having custody or control of public funds shall be required to be bonded.
All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the officer designated by ordinance. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as separate bonds which may be required would provide.
In all cases wherein an officer or employee of the City is required to furnish a faithful performance bond there shall be no personal liability upon, or any right to recover against his/her superior officer or other officer or employee, or on the bond of the latter, for any wrongful act or omission of the former, unless such superior officer, or other officer or employee was a party to, or conspired in, such wrongful act or omission.
(Amended effective July 8, 1968 and December 31, 1975)
Each member of the City Council, of every board and commission and each officer and department head, before entering upon the discharge of the duties of his/her office, shall take, subscribe to and file with the City Clerk the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of (here inserting the name of office) according to the best of my ability."
(Amended effective December 31, 1975)