In addition to the City Council and City Administrator, the
officers and employees of the City shall consist of a City Attorney,
a City Clerk, a City Treasurer, a Director of Finance and such other
officers, assistants, deputies and employees as are required by this
Charter or as the City Council may provide by ordinance or resolution.
The City Attorney, City Clerk and City Treasurer shall be appointed
by and may be removed by the affirmative votes of at least a majority
of the total membership of the City Council. All other officers, department
heads and employees of the City shall be appointed and may be removed
as elsewhere in this Charter provided.
The City Council may provide by ordinance or resolution not
inconsistent with this Charter for the organization, conduct and operation
of the several offices and departments of the City as established
by this Charter, for the creation of additional departments, divisions,
offices and agencies and for their consolidation, alteration or abolition.
It may further provide by ordinance or resolution for the assignment
and reassignment of functions, duties, offices and agencies to offices
and departments, and for the number, titles, qualifications, powers,
duties and compensation of all officers and employees, consistent
with this Charter. Each department so created shall be headed by an
officer as department head. Notwithstanding the provisions of the
section, the Fire and Police Departments shall continue and remain
as separate departments of the City.
When the positions are not incompatible, the City Council may
combine in one person the powers and duties of two or more officers.
The titles of the administrative departments and employees used
in this Charter may be changed by the City Council by ordinance or
resolution for administrative convenience and efficiency.
(Amended pursuant to elections held November
2, 1982; November 8, 1983)
To become and remain eligible for City Attorney the person appointed
shall be an attorney at law duly licensed as such under the laws of
the State of California, and shall have been engaged in the practice
of law in this State for at least three years prior to his appointment.
The City Attorney shall have the power and may be required to:
(a) Represent and advise the City Council and all City officers in all
matters of law pertaining to their offices.
(b) Prosecute on behalf of the people any or all criminal cases arising
from violation of the provisions of this Charter or of City ordinances
and such State misdemeanors as the City has the power to prosecute,
unless otherwise provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings
in which the City is concerned or is a party, and represent and appear
for any City officer or employee, or former City officer or employee,
in any or all civil actions or proceedings in which such officer or
employee is concerned or is a party for any act arising out of his
employment or by reason of his official capacity.
(d) Attend all meetings of the City Council, unless excused, and give
his advice or opinion orally or in writing whenever requested to do
so by the City Council or by any of the commissions, boards or officers
of the City.
(e) Approve the form of all contracts made by and all bonds given to
the City endorsing his approval thereon in writing.
(f) Prepare proposed ordinances and City Council resolutions and amendments
thereto.
(g) Devote such time to the duties of his office as may be specified
by the City Council.
(h) Perform such legal functions and duties incident to the execution
of the foregoing powers as may be necessary.
(i) Surrender to his successor all books, papers, files and documents
pertaining to the City's affairs.
The City Council shall have control of all legal business and
proceedings and may employ other attorneys to take charge of or may
contract for any prosecutions, litigation or other legal matters or
business.
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The City Attorney may, subject to the approval of the City Council,
appoint such deputy or deputies to assist him or act for him, at such
salaries or compensation as the Council may by ordinance or resolution
prescribe.
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The City Clerk shall have the power and shall be required to:
(a) Attend all meeting of the City Council, unless excused, and be responsible
for the recording and maintaining of a full and true record of all
of the proceedings of the City Council in books that shall bear appropriate
title 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 records of all written contracts and official bonds.
(d) Keep all books and records in his possession 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.
(g) Be ex officio Assessor, during any period of time when the County
is not responsible for assessing property for the City under the provisions
of the general laws of the State relative to the assessment of property
and the collection of City taxes by County officers, or unless the
City Council by ordinance provides otherwise.
(h) Have charge of all City elections.
(i) Perform all other duties prescribed by this Charter, and such other
duties consistent with this Charter as may be required by ordinance
or resolution of the City Council.
The City Clerk may, subject to the approval of the City Council,
appoint such deputy or deputies to assist him or act for him, at such
salaries or compensation as the Council may by ordinance or resolution
prescribe.
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The City Treasurer shall have the power and shall be required
to:
(a) Receive on behalf of the City all taxes, assessments, license fees
and other revenues of the City, or for the collection of which the
City is responsible, and receive all taxes or other money receivable
by the City from the County, State or Federal government, or from
any Court, or from any office, department or agency of the City or
any other source. Act as ex-officio Tax Collector during any period
of time that the County is not collecting City ad valorem property
taxes under the provisions of the general laws of the State.
(b) Have and keep custody of all public funds belonging to or under control
of the City or any office, department or agency of the City government
and deposit or cause to be deposited all funds coming into his hands
in such depository as may be designated by resolution of the City
Council, or, if no such resolution be adopted, then in such depository
designated in writing by the City Administrator, 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) Pay out moneys only on proper orders or warrants in the manner provided
for in this Charter.
(d) Prepare and submit to the Director of Finance monthly written reports
of all receipts, disbursements and fund balances, and shall file copies
of such reports with the City Administrator and City Council.
(e) Perform all other duties prescribed by this Charter and such other
duties consistent with this Charter as may be required by ordinance
or resolution of the City Council.
The City Treasurer may, subject to the approval of the City
Council, appoint such deputy or deputies to assist him or act for
him, at such salaries or compensation as the Council may by ordinance
or resolution prescribe.
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To be eligible for appointment as Director of Finance, the person
appointed shall have had at least six years of responsible financial
experience including at least four years in a public agency and shall
have such other qualifications as may be required by the City Council.
The Director of Finance shall have the power and shall be required
to:
(a) Have charge of the administration of the financial affairs of the
City under the direction of the City Administrator, and be head of
the Finance Department of the City.
(b) Assist the City Administrator in the preparation and execution of
the budget.
(c) Establish and maintain a system of financial procedures, accounts
and controls for the City government and each of its officers, departments
and agencies.
(d) Supervise and be responsible for the disbursement or investment of
all moneys and have control of all expenditures to insure that budget
appropriations are not exceeded; audit all purchase orders before
issuance; audit and approve before payment all bills, invoices, payrolls,
demands or charges against the City government; with the advice of
the City Attorney, when necessary, determine the regularity, legality
and correctness of such claims, demands or charges; and draw warrants
upon the City Treasurer for all claims and demands audited and approved
as in this Charter provided specifying the purpose for which drawn
and the fund from which payment is to be made.
(e) Advise and assist the City Treasurer with respect to the receipt
and collection of all taxes, assessments, license fees and other revenues
of the City, or for the collection of which the City is responsible,
and all the money receivable by the City from the County, State or
Federal government, or from any court, office, department or agency
of the City or any other source.
(f) Submit to the City Council through the City Administrator a monthly
statement of all revenues and expenditures 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.
(g) Supervise the keeping of current inventories of all property of the
City by all City departments, offices and agencies.
(h) Maintain the centralized purchasing system as prescribed by this
Charter, and perform such other duties consistent with this Charter
as may be required of him.
Each department head and his deputies shall have the power to
administer oaths and affirmations in connection with any official
business pertaining to his department.
The provisions of Article 4 of Chapter 1 of Division 4 of the
Government Code (commencing with Section 1090) shall apply to all
members of the City Council and all other officers, employees, and
members of boards, commissions, and committees of the City.
(Amended pursuant to election held November
5, 1985)
Any elective officer of the City who shall accept or retain
any other elective public office, except as provided in this Charter,
shall be deemed thereby to have vacated his office under the City
government.
The City Council shall not appoint to a paid position under
the City government any person who is a relative by blood or marriage
within the third degree of any one or more of the members of such
City Council, nor shall the City Administrator or any department head
or other officer having appointive power appoint any relative of his
or of any Councilman within such degree to any such position.
The City Council shall fix by ordinance or resolution the amounts
and terms of the official bonds of all officials or employees who
are required by this Charter or by ordinance to give such bonds. 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 City Clerk. Premiums on official bonds shall be paid by the City.
A blanket bond may be used if it provides the same protection as the
required separate bonds would provide.
In all cases wherein an 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 superior officer or other
officer or employee, or the bond of the latter, unless such superior
officer, or other officer or employee is a party to the act or omission,
or has conspired in the wrongful act directly or indirectly causing
the loss.