Editor's Note: The catchlines of all the sections contained
in this article were supplied by the editor.
Notwithstanding anything in this Charter contained, the city
manager may from time to time, in order to facilitate the prompt,
economical and efficient dispatch of city business, assign assistants,
deputies, clerks or employees from any office or department of the
city government to perform work or service in connection with any
other office or department of the city government, or may assign any
assistant, deputy, clerk, or employee of the city to work in more
than one of said offices or departments.
All general laws of the state applicable to municipal corporations,
now or hereafter enacted, and which are not in conflict with the provisions
of this Charter or with ordinances or resolutions adopted in pursuance
of this Charter, shall be applicable to the city.
[1]
It was held, under this section and section 6 of this article,
in the case of Logan et ux. v. City of Glendale et al., 132 Cal. App.
169, 22 P. (2d) 552, that the city has power to avail itself of the
provisions of the Vrooman Act relating to street assessments.
See also, Logan v. City of Glendale et al., 102 Cal. App.
(2d) 864, 229 P. (2d) 128.
Whenever in this Charter the word "city" occurs, it means the
City of Glendale, and every department, board or officer, whenever
either is mentioned, means a department, board or officer, as the
case may be, of the City of Glendale.
Editor's Note: This section was repealed by amendments
approved at a municipal election held on April 5, 2005. It formerly
dealt with increase of compensation of elective officers.
If any officer of the city shall die or remove from the city,
or absent himself therefrom for more than thirty days consecutively,
without the permission of the council, or if he shall fail to qualify
by taking the oath of office and filing his official bonds, whenever
such bond is required, within fifteen days from the time his certificate
of election or appointment is mailed or delivered to him, or if he
shall resign or be removed from office, or if his election shall be
finally declared void by any competent tribunal, or if he shall be
convicted of a felony, or if he shall be adjudged insane, or if he
shall cease to discharge the duties of his office (other than that
of member of the council) for two consecutive months, unless prevented
by sickness, his office shall become vacant.
The improvement, widening and opening of streets, the planting
of trees, and all public improvements not specified in this Charter
may be done, and assessments therefor may be levied in conformity
with and under the authority conferred by general laws; provided,
however, that the council may by ordinance adopt a procedure for the
improvements of streets, alleys or other public places, or for the
removal of dirt, rubbish, weeds and other rank growths and materials
which may injure or endanger neighboring property or the health or
the welfare of inhabitants of the vicinity, from buildings, lots and
grounds and the sidewalks opposite thereto, and for making and enforcing
assessments against property benefited or affected thereby or from
which such removal is made, for the cost of such improvement or removal,
and may make such assessments a lien on such property superior to
all other claims or liens thereon, except state, county and municipal
taxes, but no such ordinance shall prevent the council from proceeding
under general laws for said purposes.
[1]
It was held, under this section and section 2 of this article,
in the case of Logan et ux. v. City of Glendale et al., 132 Cal. App.
169, 22 P. (2d) 552, that the city has power to avail itself of the
provisions of the Vrooman Act relating to street assessments.
See also, Logan v. City of Glendale, 102 Cal. App. (2d) 864,
229 P. (2d) 128.
In the case of City of Glendale v. Trondsen, 48 A. C. 91,
308 P. (2d) 1, it was held that the property assessment was nothing
more than a permissive method and not a limitation on other methods.
All officers and boards shall deliver to their successors, all
papers, books, documents, records, archives and other properties pertaining
to their respective offices or departments, in their possession or
under their control.
Wherever applicable to city officers article 4 of chapter 1 of division 4 of title 1 of the Government Code of the State of California entitled "Prohibitions Applicable to Specified Officers," as it now exists or hereafter may be amended, is hereby made a part of this Charter. In addition, no officer or employee of the city shall receive any gratuity or advantage from any contractor or person furnishing labor or material to the city under a contract which is made or administered by such officer or employee or by any body or board of which he is a member.
All officers, and such other persons as specified by local,
state or federal law, must be citizens of the United States during
their period of employment.
(Res. No. 04-238 § 1,
2004)
No officer or employee of the city shall give or promise to
give to any person, any portion of his compensation, or any money
or thing of value in consideration of having been, or of being nominated,
appointed, voted for or elected to any office or employment.
No officer or employee shall accept any donation or gratuity
in money, or other thing of value, either directly or indirectly,
from any subordinate or employee, or from anyone under his charge,
or from any candidate or applicant for any position as employee or
subordinate in any department of the city.
No officer or employee of the city shall aid or assist a bidder
in securing a contract to furnish labor, or material or supplies at
a higher price or rate than that proposed by any other responsible
bidder, or shall favor one bidder over another, giving or withholding
information, or shall willfully mislead any bidder in regard to the
character of the material or supplies called for, or shall knowingly
accept materials or supplies of a quality inferior to those called
for by the contract, or shall knowingly certify to a greater amount
of labor performed than has actually been performed, or to the receipt
of a greater amount of material or supplies than has actually been
received.
Every officer who shall wilfully approve, allow or pay any demand
on the treasury not authorized by law, shall be liable to the city
individually and on his official bond for the amount of the demand
so approved, allowed or paid, and shall forfeit such office and be
forever disbarred and disqualified from holding any position in the
service of the city.
All moneys received from taxes, licenses, fees, fines, penalties
and forfeitures, and all moneys which may be collected or received
by any officer of the city in his official capacity, or by any department
of the city, for the performance of any official duty, and all moneys
accruing to the city from any source, and all moneys directed by law,
or by this Charter, to be paid or deposited in the treasury, shall
be paid into the treasury daily.
The treasurer shall receipt for each such deposit in triplicate,
giving the original and duplicate to the depositor, who must file
the duplicate with the director of administrative services.
(Res. No. 04-238 § 1,
2004)
[1]
In connection with this section, see Charter, Art. XXIII,
§ 22.
All books and records of every office and department shall be
open to the inspection of any citizens during business hours, subject
to the proper rules and regulations for the efficient conduct of the
business of such department or office; but the records of the police
department shall not be subject to such inspection except by permission
of the proper police authorities. The council may, by ordinance, prohibit
the inspection of tax returns and tax investigation records which
disclose the amount or source of income, profits, losses or expenditures
of any taxpayer or person required to file a return. (1953.)
Copies or extracts from said books and records open for inspection
shall be given by the officer having the same in custody to any person
demanding the same and paying such fees for the copies or extracts
and for certifying, if certification is also required, as the council
may from time to time establish by ordinance. (1967.)
Unless otherwise provided for by law, all city officers shall
keep such office hours as may be established by ordinance.
(Res. No. 04-238 § 1,
2004)
All ordinances and resolutions in force at the time this Charter
takes effect, and not inconsistent therewith, shall continue in full
force until amended or repealed.
All officers, assistants, and employees in office, when this
Charter takes effect, shall continue to hold and exercise their respective
offices or employment, under the terms of this Charter, until the
election or appointment and qualification of their successors.
The present board of trustees shall provide for the holding
of the first election of officers under this Charter and shall canvass
the votes and declare the result thereof.
All vested rights of the city shall continue and shall not in
any manner be affected by its adoption of this Charter, nor shall
any right, liability, pending suit or prosecution, either in behalf
of or against the city, be affected by the adoption of this Charter,
unless otherwise herein expressly provided. All contracts entered
into by the city or for its benefit prior to the taking effect of
this Charter shall continue in full force and effect. All public work
begun prior to the taking effect of this Charter shall be continued
and perfected here-under. Public improvements for which legislative
steps shall have been taken under laws in force at the time this Charter
takes effect, may be carried to completion in accordance with the
provisions of such laws.
On the first day of each month every officer authorized by law
to charge any fee, commission, percentage, allowance or compensation,
must make a written report to the director of administrative services
of all moneys received by him during the preceding month.
(Res. No. 04-238 § 1,
2004)
[1]
In connection with this section, see Charter, Art. XXIII,
§ 14.
If any section or part of a section of this Charter proves to
be invalid, it shall not be held to invalidate or impair the validity
of any other section or part of a section, unless it clearly appears
that such other section, or part of a section, is dependent for its
operation upon the section or part of a section so held invalid.
When making purchases for all departments of the city, local
merchants shall be given the preference, quality and prices being
equal.
Neither the city manager, nor any person in the employ of the
city shall take any active part in securing, or shall contribute money
toward the nomination or election of any candidate for a municipal
office.
All the powers of the city except as otherwise provided by this
Charter, are hereby vested in the council.
The violation of the Charter or ordinance of the city shall
be a misdemeanor except that notwithstanding any other provision of
this Charter or by ordinance, any such violation constituting a misdemeanor
may, in the discretion of the city attorney, be charged and prosecuted
as an infraction. Fines and penalties shall be set by the council,
but the maximum fine or penalty for any such violation shall be the
sum of $1,000, or a term of imprisonment for a period not exceeding
six months, or both such fine and imprisonment, or such greater fine
or imprisonment as established by state law for general law cities.
The council by ordinance may provide that a violation of an ordinance
shall be classified as an infraction and set the fine for a violation
thereof. (1982.)
Editor's Note: The catchline of this section originally
read as follows: "Penalty for violation of Charter or ordinances;
working prisoners."
(Res. No. 04-238 § 1,
2004)
For the purpose of electing all elective officers, and all purposes
connected therewith, this Charter shall take effect from the time
of its approval by the Legislature. For all other purposes, it shall
take effect on July 5th, 1921.
The City of Glendale may establish a municipal court when, and
in such manner as may be authorized by the Constitution or laws of
the State of California. (1931.)
The head of each department and such deputies or assistants
as such department head may designate shall have power to administer
oaths and affirmations in connection with any official business of
the city. (1982.)
