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Home My WebLink About2004-135(Note: See Companion Resolutions 2004-136, 2004-137) 1 RESOLUTION NO. 2004-135 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A 3 PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED 4 WITH THE NOVEMBER 2, 2004 STATEWIDE PRESIDENTIAL GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recitals. 8 (a) In accordance with the Constitution of the State of California, the City of San 9 Bernardino, a municipal corporation, has adopted a Charter. 10 (b) The Mayor and Common Council of the City of San Bernardino desire to submit to 11 the qualified electors for their consideration a new Charter for the City of San Bernardino, a copy 12 of which is attached hereto as Exhibit A and is hereby incorporated herein as though fully set forth. 13 SECTION 2. Special Municipal Election Called. A special municipal election is hereby 14 called and will be held in the City of San Bernardino on Tuesday, November 2, 2004, for the 15 purpose of voting on the adoption of a new Charter for the City of San Bernardino. 16 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the 17 Elections Code, the Mayor and Common Council of the City of San Bernardino request that the 18 Board of Supervisors of the County of San Bernardino consolidate the City's special municipal 19 election with the statewide presidential general election to be held on Tuesday, November 2, 2004. 20 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall 21 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be 22 closed, except as provided in Section 14401 of the California Elections Code. 23 SECTION 4. Canvass of Returns. The Registrar of Voters of the County of San 24 Bernardino is hereby authorized to canvass the returns of the special municipal election so called and 25 to conduct the special municipal election in all respects as if there were only one election with only 26 one form of ballot. Results of the special municipal election shall be certified to the Mayor and 27 Common Council of the City of San Bernardino. 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-135 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 2, 2004 STATEWIDE PRESIDENTIAL GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice of the special municipal election which shall contain the following: A. The time of the election. B. The Charter measure to be voted upon. C. The hours the polls will be open. SECTION 6. Conduct of Election. The special municipal election so called shall be held in such precincts and at such polling places as shall be determined by the Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding of the consolidated election. The Mayor is hereby authorized to execute a contract for the services necessary for conducting the special municipal election. The City of San Bernardino recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. SECTION 7. Filing of Resolution . The City Clerk of the City of San Bernardino is directed to file a certified copy of this resolution with the Board of Supervisors of the County of San Bernardino. 2 1 2 3 4i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W-:1 RESOLUTION NO. 2004-135 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 2, 2004 STATEWIDE PRESIDENTIAL GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Joint regular meeting thereof, held on 17 th day of May 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x CITY The foregoing resolution is hereby approved this A0're1 day of May 2004. Approved as to form and legal Content: JAMES F. PENMAN, City Attorney By: 3 of San EXHIBIT "A" PROPOSED NEW CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the citizens of the City of San Bernardino, hereby establish this Charter to promote economic, environmental, and cultural prosperity throughout our community; to enable our City government to meet the needs of the people effectively and efficiently; to provide for accountability and ethics in public service; and to ensure equality of opportunity for every resident. Article I (Article Reserved) Boundaries, Rights and Liabilities Section 1. (Section Reserved) Powers of City. The text of Section 1 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 2. (Section Reserved) Boundaries - Jurisdiction. The text of Section 2 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 3. (Section Reserved) Time and Change of Boundaries. The text of Section 3 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Article II Elective Officers and Elections Section 10. (Section Reserved) Primary and General Election. The text of Section 10 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 10-A. Election to Office. Any candidate for any City office who at a primary election shall receive votes on a majority of all the ballots cast for candidates for the office for which such candidates seeks nomination, shall be elected to such office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than the number to be elected, those candidates shall be elected who secure the highest votes of those receiving such majority, and equal in number to the number to be elected. Any officer elected shall hold office until his or her successor is elected and qualifies. C -t Section 11. Provision for Elections - Returns - Certificate. The Mayor and Common Council shall provide for the holding of all City elections. On the second day after a City election, exclusive of holidays, at 1:30 p.m. the Mayor and Common Council, or the City Clerk, or a canvassing board appointed by the City Clerk by order of the Mayor and Common Council shall meet at the City Hall, San Bernardino, California and proceed to canvass the election returns. The previous paragraph notwithstanding, all City elections consolidated with elections conducted by the County of San Bernardino, and all City elections that are conducted pursuant to agreement with the County of San Bernardino shall follow the County's process for the conduct of such elections and the canvass of such returns. At the next regular or adjourned regular council meeting following the completion of the canvass, the Mayor and Common Council shall declare the results of said election as certified by the City Clerk or the Registrar of Voters of the County of San Bernardino as being official. Section 11-A. (Section Reserved) Compensation For Officers. The text of Section 11-A of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 12. Approval and Filing of Bond. After the result of an election is declared, or an appointment made, the City Clerk under his/her hand and official seal shall issue a certificate thereof to the person elected or appointed by delivering it to him/her personally, or by depositing it with postage pre -paid in the post office, addressed to him/her at the City of San Bernardino; and within ten days thereafter such person so elected or appointed, shall file the certificate with his/her oath of office attached, in the office of the City Clerk. When an Official Bond is required of an officer it shall be approved and filed before entering upon the duties of his/her office, within twenty (20) days after the certificate of election is issued to him/her. Section 13. (Section Reserved) Officers Elected. The text of Section 13 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 14. (Section Reserved) Officers and Terms. The text of Section 14 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. C-2 Section 14-A. Vacancy on Council. A vacancy on the Common Council, from whatever cause arising, shall be filled for the unexpired term thereof through the election of a successor Council Member by the qualified electors of the ward in which the vacancy has occurred. Such Council Member shall have been a qualified elector and resident of the ward for at least thirty (30) consecutive days next preceding the date of filing of nomination papers for the office. Said election shall be held at the time established by the Mayor and Common Council and shall be conducted in the manner provided for by general law; provided that the Mayor and Common Council shall have power by ordinance to provide for the manner of holding such election and such ordinance shall prevail over the general law. Section 14-B. (Section Reserved) Consolidated General Election. The text of Section 14-B of the current Charter is not being changed in anyway by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 15. Vacancies. An office becomes vacant when the incumbent thereof dies, resigns, is adjudged insane, convicted of a felony or of any major offense involving a violation of his/her official duties, or is removed from office, or ceases, in the case of a Council Member to be a resident of his/herward, or, in the case of any other elected official to be a resident of the City, or refuses after notice from the Mayor and Common Council to qualify by taking the oath of office and filing his/her official bond. Section 16. Military Leave of Absence. Anything in this Charter to the contrary notwithstanding, all employees or officers, excepting elective officers, who have heretofore or shall hereafter enter the armed forces of the United States during war or national emergency as declared by the President or the Congress of the United States shall be entitled to a leave of absence during such service in accordance with applicable State and Federal laws, and for a period of ninety (90) days thereafter. Every such employee or officer returning to the City within the time herein specified, and who has been honorably discharged from such services, shall be reinstated without loss of status or seniority, provided he/she is still qualified for such office or position. If the office or position no longer exists, or the employee or officer is no longer qualified for his/her former position, he/she has the right to return to a position to which he/she meets the qualifications at the same compensation, status and seniority. All persons appointed to fill such positions during war or national emergency shall be temporary appointees only. C - 3 Bonds and Salaries Section 20. Approval of Bonds. Officers of the City, before entering upon the discharge of their official duties, shall execute to said City such Official Bond as may be required by law, ordinance or this Charter. When the amount of any bond is not fixed by law, ordinance or this Charter, and power to fix same is not herein conferred upon any board or officer, it may be fixed by ordinance. All bonds shall be approved by the authorized designee of the Mayor and Common Council and filed with the City Clerk, and shall be recorded by the City Clerk in a book entitled "Official Bonds" and kept for that purpose, except the Bond of the City Clerk, which shall be filed with the Mayor, after being so recorded. The approval of every Official Bond must be endorsed thereon and signed by the officers approving the same after the examination of the surety. Section 21. City Officials as Surety - Form - Liability - Bond of Surety Company. City Officers shall not be accepted as surety for each other on Official Bonds. Every Bond shall be in form joint and several and made payable to the City of San Bernardino, and contain a condition that the principal will faithfully perform all official duties that may be imposed upon or required of him/her by law or ordinance, and that at the expiration of his/her term of office he/she will surrender to his/her successor all property, books, papers and documents that may come into his/her possession as such officer. Said Bond must be executed by two or more sureties, but when the amount of the bond is more than five thousand dollars ($5,000.00), the sureties may become severally liable for a portion of not less than twenty-five hundred ($2,500.00), when there are more than two sureties, said sureties may justify in an amount which in the aggregate shall equal double the amount of said bond. But the Mayor and Common Council may require the Treasurer to give a Surety Company Bond in which case the expense of such bond shall be borne by the City, and may accept and approve of a Surety Company Bond for any officer without other surety. Section 23. (Section Reserved) Additional Bond - Vacancy. The text of Section 23 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 24. (Section Reserved) Salary of Mayor. The text of Section 24 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 24-A. Salary of Council. The Council Members shall each receive an annual salary of six hundred dollars ($600.00), payable monthly. Section 24-B. (Section Reserved) Salary of City Clerk. The text of Section 24-B of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. C-4 Article III Legislative Department - The Common Council Section 30. Legislative Power. The legislative power of the City is hereby vested in the Common Council consisting of seven members, four of whom shall constitute a quorum, but a less number may adjourn from time to time, or compel the attendance of other members. No order, except to adjourn for lack of quorum, or to compel the attendance of a quorum, and no ordinance or resolution shall be valid unless it receives the affirmative vote of four Council Members, or, in the event of a tie vote by the Council Members present, if it receives the affirmative vote of three Council Members and the Mayor. Section 31. Ordinances - Adoption - Emergency and Urgency. Except for emergency or urgency ordinances, no ordinance may be adopted by the Common Council on the day of its introduction, nor within five (5) days thereafter, nor except at a regular or adjourned regular meeting. At the time of adoption of an ordinance or resolution it shall be read in full unless, except for its title, the reading thereof is waived by unanimous consent of all Council Members present. If an ordinance is altered after its introduction (except for correction of typographical or clerical errors), it shall not be adopted except at a regular or adjourned regular meeting held not less than five (5) days after the date of such alteration. Ordinances and codes may be adopted by reference in accordance with general law. Emergency or urgency ordinances and each resolution may be adopted on the day of introduction and may take effect upon adoption; provided, however, that this section is not intended, nor shall it be deemed to affect the method of adopting special ordinances and resolutions as required by municipal improvement act, laws relating to elections, taxation, and annexations, or other provisions of law prescribing the time, form and manner for the adoption of ordinances and resolutions of special cases. No order, resolution or ordinance shall have effect without approval of the Mayor, except when five (5) members of the Common Council concur in its adoption. In case of orders, the approval of the Mayor shall be presumed unless at the same meeting at which the order is passed, the Mayor causes his/her disapproval, with his/her reasons therefore, to be spread upon the minutes. All resolutions and ordinances after passage must be submitted to the Mayor who shall, within five (5) days after he/she has received the same, endorse his/her approval or disapproval thereon, giving the reasons for his/her disapproval. Each ordinance or resolution to be valid must be passed by a vote of not less than four (4) Council Members and approval by the Mayor, provided that if the Mayorfails to approve the same it may be passed by a vote of not less than five (5) Council Members, and shall take effect as if approved by the Mayor. Section 32. (Section Reserved) Ordinances - Enacting Clause. The text of Section 32 of the current Charter is not being changed in any way by this C - 5 Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 33. (Section Reserved) Ordinances - Publication. The text of Section 33 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 34. Powers of Common Council - Written Charges. The Common Council shall have power to adopt rules for its own proceedings; to compel the attendance of witnesses and absent members; the production of papers in any matters under investigation; to judge of the qualification and election of its own members; to punish any member by a fine not exceeding two hundred fifty dollars ($250.00) for disorderly or contemptuous behavior in its presence; and may expel a member or any city officer appointed by the Mayor and Common Council for continued neglect of his/her duty, or the willful violation of any penal law, or any provision of this Charter; but in every case the member or officer accused, if holding office for a definite term shall be entitled to have written charges presented and be heard on his/her own behalf. The Ayes and Noes shall be taken and entered in the Journal of its proceedings at the request of any member and must be so taken and entered upon the passage of all Ordinances and Resolutions, and in matters concerning the granting of franchises, making of contracts, allowing bills, ordering work to be done, or supplies to be furnished, disposing of City property, or any act that may involve the payment of money or the incurring of a debt against the City. Section 35. (Section Reserved) Meetings - Time of -Adjournments. The text of Section 35 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 36. Mayor to Preside - Temporary Absence of Mayor; Mayor Temporarily Unable to Perform Duties. The Mayor shall preside at all meetings of the Common Council, but shall not be entitled to vote except in the event of a tie. In the absence of the Mayor from any Council meeting, the Common Council may choose one of their own number to preside overthat meeting who shall retain the right to vote upon all questions under consideration, and shall have the same power to disapprove any order made by the Common Council, and with like effect as the Mayor would have had if present at this meeting, however, that member shall not have the ability to cast an additional vote in the event of a tie. In case of temporary absence from the City, or sickness, or due to any other cause, the Mayor is temporarily unable to perform the duties of his/her office, the Common Council shall appoint one of their own number Mayor pro-tempore who shall have all powers and authority which the Mayor would have possessed if personally present and attending to such duties, and such Mayor pro-tempore shall not lose his/her vote as Council Member, but shall not have the ability to cast C-6 an additional vote in the event of a tie. Section 37. Council Committees. Notwithstanding any other provision(s) of this Charter, the Common Council may create such standing and ad hoc committees as it deems appropriate, to be composed entirely of Council Members and said committee members shall be appointed by the Common Council. Section 39. Power to Override Mayor. Any order, directive and/or decision of the Mayor made either formally or informally may be overridden, amended, revised or withdrawn by two-thirds (2/3) vote of the Common Council. Subjects of Legislation Section 40. Powers of Mayor and Common Council. The Mayor and Common Council of the City of San Bernardino, hereafter referred to as Council, shall have the following enumerated powers. (a) (Section Reserved) Purchase and Sale of Property. The text of Section 40(a) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect underthis Article in this Charterwith the same text and same section designation. (b) Police and Sanitary Regulations. Council shall have power, subject to any pre-emptive law(s) of the State of California, to make and enforce all such local, police, sanitary and other regulations, as pertain to municipal affairs, and for this purpose may define misdemeanors committed within the city limits or on lands under the jurisdiction of the City, and provide penalties and punishment therefor. (c) (Section Reserved) Nuisances. The text of Section 40(c) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (d) License Fee. Council shall have power to license for purposes of revenue all and every kind of business, occupations, shows, exhibitions, and lawful games carried on in the City and to fix the rate of license fee thereon. (e) Taxes. Council shall have power to levy and collect taxes subject to State law. (f) (Section Reserved) Fire Department. The text of Section 40(f) of the current Charter is not being changed in anyway by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (g) (Section Reserved) Police. The text of Section 40(g) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same C - 7 section designation. (h) (Section Reserved) Overflow. The text of Section 40(h) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (i) Houses of III Fame. Council shall have power to prohibit and suppress lewdness and houses of ill fame and buildings or places used for lewdness, assignation or prostitution. Q) (Section Reserved) Storage. The text of Section 400) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (k) (Section Reserved) Parks. The text of Section 40(k) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (1) (Section Reserved) Hospitals, etc. The text of Section 40(I) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (m) (Section Reserved) Cemeteries. The text of Section 40(m) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (n) Animal Shelter. Council shall have power to establish and regulate a public animal shelter. (o) City Jail/Holding Area; Use of Inmates. Council shall have power to provide a City jail/holding area and to provide for the utilization of the services of any person(s) sentenced by the court to perform such community service as may be prescribed. (p) (Section Reserved) Sewers. The text of Section 40(p) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (q) (Section Reserved) Bridges, Streets, etc. The text of Section 40(q) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. ;�3 (r) Fines and penalties. Council shall have power to impose fines, penalties and forfeitures for any and all violations or ordinances; and for any breach or violation of ordinances; to fix the penalty by fine or imprisonment, or both. The violation of any lawful ordinance made by the Mayor and Common Council shall constitute either a misdemeanor or an infraction, as determined by the Council by ordinance, and shall be prosecuted in the name of the people of the State of California. (s) Compensation and Removal of Officer. Council shall have power to appoint, confirm and remove such appointed officers and appointed full-time permanent employees, and to fix the qualifications, duties and compensations of City employees subject to the civil service provisions and other provisions of this Charter upon the recommendation of the City Manager except that the appointment and removal of the City Manager, Acting City Manager, Chief of Police and Chief of the Fire Department shall only be acted upon in response to the Mayor's nomination in instances of appointments and the Mayor's recommendation in instances of removal(s). The Council may not, however, remove officers appointed for a definite term, nor deputies, assistants, clerks, and attaches holding office at the pleasure of an elective officer, nor may the Council remove employees of a City Manager -directed department except the Council may give consent to such removal as provided in Section 102(b) herein. Other provisions of this Charter notwithstanding, a Mayor Pro Tempore, acting as the Mayor shall not remove, discharge or recommend the removal or discharge of the City Manager, Acting City Manager, Chief of Police or Chief of the Fire Department unless, and until, said Mayor Pro Tempore, acting as the Mayor shall have been acting as Mayor for a period of not less than sixty (60) consecutive days prior to said removal or discharge, or prior to making a recommendation to remove or discharge. The authority of a Mayor Pro Tempore, while acting as Mayor, to suspend for cause is not limited by the preceding sentence. (t) (Section Reserved) Public Utilities. The text of Section 40(t) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (u) (Section Reserved) Public Works. The text of Section 40(u) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (v) Permit for Construction in Proximity to City Streets. Council shall have power to permit, under such restrictions, as they may deem proper, the laying of railroad tracks and the construction and operation of street railways and the running of cars drawn by steam, electricity or other power thereon; and the laying of gas and water pipes in the public streets; and the construction and maintenance of telephone and telegraph lines therein. .� (w) (Section Reserved) Schools. The text of Section 40(w) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (x) (Section Reserved) Duties Not Defined. The text of Section 40(x) of the current Charter is not being changed in anyway by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (y) Animal Licensing Fee. Council shall have power to impose and collect an annual license fee on any canine owned or harbored within the limits of the City. (z) Make and Enforce Laws and Regulations. Council shall have power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restriction and limitations provided in this Charter or by State law. (aa) (Section Reserved) Other Powers. The text of Section 40(aa) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 41. (Section Reserved) System for Assessment, Levy, and Collection of Taxes. The text of Section 41 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Article IV Elected Municipal Officers Mayor Section 50. Chief Executive Officer. The Mayor shall be the Chief Executive Officer, and chief spokesperson, of the City of San Bernardino and a citizen of the State of California who shall be at least thirty years of age and a resident and qualified elector of the City for a period of at least thirty (30) consecutive days next preceding the date of filing nomination papers forthe office. The Mayor shall vigilantly observe the official conduct of all public officers, and take notice of the fidelity and exactitude, or the want thereof, with which they execute their duties and obligations, especially in the collection, administration and disbursement of public funds and property. The books, records and official papers of all departments, boards, officers and persons in the employ or service of the City shall, at all times be open to all persons for inspection and examination. Any defamation or willful neglect of duty or official misconduct which may be reported or discovered by the Mayor shall be laid before the Common Council in order that public interests may be protected and the person in default proceeded against according to law. The Mayor shall, from time to time, give the Common Council C-10 information in writing relative to the state of the City's municipal affairs and business, and shall recommend such measures as may be deemed beneficial. The Mayor shall have the books and records of all public departments, pertaining to the finances of the City, experted by a competent person at least once in every year. Any person refusing to submit to, or permit such examination, or purposely delaying, or impeding the same, may be suspended from office by the Mayor and removed for malfeasance by the Mayor and Common Council. The Mayor shall have general supervision over all the departments and public institutions of the City; The Mayor shall take all proper measures for the preservation of public order and suppression of all riots and tumults. Section 51. Appointments and Vacancies. The Mayor, with the consent and approval of the Common Council, shall appoint all officers, and all members of joint powers authorities, committees, and commissions, regardless ofwhetherthey are local, county, regional, state or otherwise, except those appointments made by the City Manager or by elected officials pursuant to this Charter, and except any other appointments for which this Charter expressly provides otherwise, and shall fill all vacancies in an elective office not otherwise provided for in this Charter; provided that in no case where a vacancy has occurred and an appointment been made to an elective office, shall the officer hold beyond the next general municipal election at which time an election shall be held for that office so vacated to fill the unexpired term. In case of a vacancy in the office of Mayor, the vacancy shall be filled by the Common Council by a majority vote, and the appointee shall be a person meeting all of the requirements forthe office of Mayor found in Section 50, and said person shall hold office for the unexpired term. In filling a vacancy in the office of Mayor, and in the process of filling such vacancy, the Mayor Pro Tempore shall not have the authority to exercise any veto or vetoes. Section 52. Supervision by Mayor. The Mayor shall have the general supervision of the City Manager, Acting City Manager, Chief of Police, Chief of the Fire Department, and of all elected officers, except Council Members. The Mayor shall have the authority to suspend and discharge, for cause, the City Manager and/or the Acting City Manager subject to the laws of the State of California. City Attorney Section 55. Position - Duties - Salary. (a) (Section Reserved) The text of Section 55(a) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (b) To be eligible to hold the office of City Attorney, the person elected or 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 for at least five (5) years prior to his/her election or appointment, and shall have been a resident and elector of the City for a period of at least thirty (30) consecutive days next preceding the appointment or the filing of nomination papers for election to C-11 the office. (c) In the event a vacancy shall occur in the office of City Attorney during his/her term, such vacancy shall be filled by appointment by the Mayor and Common Council, which appointment shall be valid until the next general municipal election, at which time a City Attorney shall be elected forthe remainder of any unexpired term, orfor a full term in accordance with Article II of this Charter. (d) (Section Reserved) The text of Section 55(d) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. (e) The salary of the City Attorney shall be fixed by the Mayor and Common Council, but shall not be less than seventy-five hundred dollars ($7,500.00) per annum. He/She shall be provided with office space and equipment, and clerical help by the City. City Clerk Section 60. Duties. The duties of the City Clerk shall be to keep the corporate seal and all books, papers, records and other documents belonging to his/her office, attend all meetings of the Mayor and Common Council and keep a journal of the proceedings. He/She shall have full power and authority to take all affidavits and administer all oaths necessary in the transaction of city business, but shall make no charge therefor. His/Her official books and records shall be kept properly indexed and be open to public inspection during office hours. He/She shall number and keep a record of all demands allowed and certified to him/her, showing the date of approval, to whom the same is allowed, the nature of the claim, and the fund out of which the same is payable. He/She shall issue all licenses and countersign all warrants on the City Treasury, except warrants of the boards, and shall do and perform all other acts required of him/her by this Charter, or by ordinance, or which may be required of him/her by the Mayor and Common Council. Treasurer Section 70. Duties. The Treasurer shall receive and pay out all moneys belonging to the City, and shall keep an account of all receipts and expenditures, under such rules and regulations as may be prescribed. He/She shall make a monthly statement to the Mayor and Common Council of the receipts and expenditures of the preceding month, and shall perform all duties required of him/her by law and the Mayor and the Common Council. He/She shall not pay out any monies belonging to the City except on claims presented, allowed and submitted in the manner provided by this Charter. C-12 Section 90. (Section Reserved) Veto Power of Mayor in Community Development Commission. The text of Section 90 of the current Charter is not being changed in anyway by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Article V City Manager Section 100. Selection and Qualifications. The Mayor shall appoint, subject to confirmation by the Common Council, a City Manager who shall be the chief administrative officer of the City. The City Manager shall be responsible for the administration of all City departments except the Offices of the Mayor, City Attorney, City Clerk, City Treasurer, the Water Department, the Free Public Library and the Civil Service System. Said City Manager shall be at least 30 years of age and shall be a resident of the City or shall become a resident of the City within 180 days of assuming office. Said City Manager shall have received, from an accredited college or university, a masters degree in public administration, business administration, or an equivalent degree in a related field, or a higher degree, and said City Manager shall have served as a City Manager, or as a City Administrator, or Chief Executive Officer of a county, or as an Assistant City Manager, City Administrator, or Chief Executive Officer of a county for a minimum of three years. The Mayor shall appoint the person deemed best qualified on the basis of executive and administrative capabilities, giving preference to candidates with management experience, and knowledge of accepted practices with respect to the duties of the office as set forth in this Charter. Section 101. Assistant City Manager. The City Manager shall have the power to appoint, with the confirmation of the Mayor and Common Council, an Assistant City Manager, who shall be empowered to perform all duties of the City Manager in the event of the absence or disability of the City Manager and such other duties as the City Manager shall direct. The Assistant Manager shall serve at the pleasure of the City Manager. Section 102. Authority and Duties of the City Manager. The City Manager shall have the following authority and duties: (a) To direct and exercise immediate supervision over the administration of all Manager -directed departments of the City; (b) To appoint, subject to section 40(s) of this charter; exercise immediate supervision over, suspend, and remove, all City employees of all Manager -directed departments of the City in both the classified and unclassified service; except that for the classified service, such powers shall C-13 be pursuant to the Civil Service provisions of this Charter, Civil Service rules, regulations and ordinances, and except that the removal of such employees in the unclassified service is subject to the consent of the Mayor and Common Council; and to appoint any temporary, part-time employees of all Manager -directed departments of the City; (c) To ensure, in cooperation with the Attorney General, District Attorney, City Attorney, Police Chief and Fire Chief, that all laws, ordinances, orders, resolutions, contracts and franchises are enforced and executed; (d) To attend all meetings of the Mayor and Common Council or council committee meetings, and to have the right to participate in the discussion without vote; (e) To prepare and submit the annual budget and to keep the Mayor and/or the Mayor and Common Council fully advised as to the financial condition and needs of the City, including the filing of annual and interim financial reports; (f) To submit such reports as the Mayor and/or the Mayor and Common Council may require concerning the operations of Manager - directed departments, and to recommend to the Mayor and Common Council the adoption of measures deemed advisable; (g) To perform such other duties as are specified in the Charter, by law or required by the Mayor and/or the Mayor and Common Council; (h) To confer regularly with the Mayor, to implement the policies of the Mayor and Common Council as directed by the Mayor and to keep the Mayor informed of any issues, events and controversies that may arise; to be responsible for the implementation of the Mayor's policy directives and to insure that those directives are acted upon by all supervisors and employees in the Manager -directed departments of the City; (i) To confer regularly with the City Attorney on legal issues; to immediately notify the City Attorney of any important legal issues or difficulties that arise; to obtain the legal advice of the City Attorney, and to carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the Office of the City Attorney, has authority to issue orders to the City Manager or any of his/her subordinates; it is the responsibility of the City Manager to insure that all Manager -directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence, and enforcement of all pertinent laws, ordinances, and legal requirements in C-14 the performance of their duties and in their official conduct; Q) To confer regularly with the City Treasurer on financial issues, to obtain the financial advice of the City Treasurer and to carefully consider that advice, and to keep the Treasurer informed of all financial matters and to immediately notify the City Treasurer of any important financial issues or difficulties that arise. Section 103. Vacancy. Whenever a vacancy occurs in the office of the City Manager, the Mayor shall proceed immediately to appoint a City Manager, subject to confirmation by the Common Council. Until a City Manager is appointed and has assumed the duties of the office, the Assistant City Manager shall be designated as Acting City Manager. He/She shall perform all of the duties of City Manager and be vested with all the powers of City Manager as set forth in this Charter. The Assistant City Manager shall continue in the position of Acting City Manager, subject to the Mayor's authority to remove the Acting City Manager, until a new City Manager has been appointed and has assumed the duties of that office. Section 104. Mayor and Common Council's Authority Over the City Manager and Other City Employees. Neither the Mayor nor any member of the Common Council, nor any other elected City official, nor the Common Council, nor any of its committees or members shall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the City Manager, or in any manner interfere with or prevent the City Manager, from exercising judgment in the appointment of officers and employees in the administrative service. Neither the Mayor, Common Council Members, employees of the Common Council, nor employees of the Office of the Mayor, shall give orders to any of the subordinates of the City Manager, either publicly or privately. Section 105. Non -Eligibility of Elected Officials. No person who held any elected office in the City, between June 1, 1987, and the effective date of this Charter, regardless of how long any such person held any such elected office, may be employed as City Manager until eight years passes from the effective date of this Charter, and no person who holds any elected office on or after the effective date of this Charter may be employed as City Manager until eight years passes after such person leaves said elected office. Article VI Reserved C-15 Article VII Initiative, Referendum and Recall Section 120. The Initiative. Any proposed ordinance may be submitted to the Common Council by a petition signed by qualified and registered electors of the City equal in numberto the percentage hereinafter required. The signatures to the petition need not all be appended to one paper, but each signer shall add to his/her signature his/her place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Within ten days from the date of filing such petition, the City Clerk shall examine and from the great register ascertain whether, or not, said petition is signed by the requisite number of qualified electors and if necessary, the Council shall allow him/her extra help for that purpose, and he/she shall attach to said petition his/her certificate showing the results of said examination. If, by the Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall be returned forthwith by the Clerk to the filer(s) thereof who shall have an additional ten (10) days from the date the petition is returned to them by the Clerk, to obtain the required number of signatures. The Clerk shall, within ten (10) days after such additional ten (10) day period to obtain additional signatures, make like examination of said petition, and if his/her certificate shall show the same to be insufficient, it shall be returned to the person filing same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found to be sufficient the Clerk shall submit the same to the Council without delay. If the petition accompanying the proposed ordinance be signed by electors equal in numberto thirty percent (30%) of the entire vote cast for all candidates for Mayor at the last preceding City election at which a Mayor was elected, and contains a request that said ordinance be submitted forthwith to a vote of the people at a special, or general municipal election, then the Council shall either: (a) Pass such ordinance without alteration within twenty (20) days afterthe attachment of the Clerk's certificate of sufficiency to the accompanying petition (subject to referendary vote), and if the ordinance shall be passed by the Council, but shall be vetoed by the Mayor, and on reconsideration shall fail of passage by the Council, then, within five (5) days after determination that said ordinance shall have so failed of final adoption, the Council shall proceed to call a special election at which said ordinance without alteration, shall be submitted to a vote of the people; or, (b) Forthwith after the Clerk shall attach to the petition accompanying such Ordinance his/her certificate of sufficiency, the Council shall proceed to call a special election at which said ordinance, without alteration, shall be submitted to a vote of the people. C-16 The ballots used when voting upon said proposed ordinance shall contain the words, "For the Ordinance," (stating the general nature of the proposed ordinance) and "Against the Ordinance," (stating the general nature of the proposed ordinance). If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City; and any ordinance proposed by petition, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people obtained in like manner. Any number of proposed ordinances may be voted upon at the same election. In accordance with the provisions of this section; provided that there shall not be held underthis section of the Charter more than one special election in any period of twelve months. Section 121. (Section Reserved) The Referendum. The text of Section 121 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect underthis Article in this Charterwith the same text and same section designation. Section 122. The Recall. Proceedings may be commenced for recall of the holder of any elective office of this City and the election of a successor of the holder sought to be removed by the service, filing and publication of a notice of intention to circulate a recall petition. Such proceedings may not be commenced against the holder of an office unless, at the time of commencement; the holder has held office for at least ninety days and no recall petition has been filed against such holder within the preceding six months. A petition demanding the recall of the officer sought to be recalled shall be submitted to the City Clerk. The petition shall be signed by not less than fifteen percent (15%) of the voters of the City, or in the case of a City Council Member elected by ward twenty-five percent (25%) of the voters of that ward, according to the County Clerk's last official report of registration to the Secretary of State. No signature may be affixed to the petition until the proponents have served, filed and published a notice of intention to circulate a recall petition, containing the name of the officer sought to be recalled and the title of his/her office, a statement in not more than 500 words of the grounds on which the recall is sought, and the name and address of at least one, but not more than five proponents. The notice of intention shall be served, personally or by certified mail, on the officer sought to be recalled, and a copy thereof with a certificate of the time and manner of service shall be filed with the clerk of the legislative body. Within seven (7) days after the filing of the notice of intention, the officer sought to be recalled may file with the City Clerk an answer in not more than 500 words to the statement of the proponents and if an answer is filed, shall serve a copy thereof, personally or by certified mail, on one of the proponents named in the notice of intention. At the time the proponents publish the notice and statement referred to above, the officer sought to be recalled may have the answer published at his/her expense. If the answer is to be published the officer shall file with the City Clerk at the time the answer is filed a statement declaring his/her intent that the answer be published. The statement and answer are intended solely for the information of the voters and no insufficiency in the form C-17 or substance thereof shall affect the validity of the election or proceedings. The notice and statement as referred to above, and the answer, if it is to be published shall be published at least once in a newspaper of general circulation, as described in Sections 6000 to 6066 of the Government Code, adjudicated as such. Seven (7) days after the publication of the notice, statement and answer, if it is to be published, the recall petition may be circulated and signed. The petition shall bear a copy of the notice of intention, statement and answer, if any. If the officer has not answered, the petition shall so state. Signatures shall be secured and the petition filed within ninety (90) days from the filing of the notice of intention. If such petition is not filed within the time permitted by this section, the same shall be void for all purposes. The signatures to the petition need not all be appended to one paper; but each signer shall add to his/her signature his/her place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended, is the genuine signature of the person whose name purports to be thereunto subscribed. Within thirty (30) days after the date of filing such petition the City Clerk shall examine and ascertain whether or not said petition is signed by the requisite number of qualified electors and, if necessary, the Council shall allow extra help for that purpose, and the City Clerk shall attach to said petition a certificate showing the result of said examination. If, by the City Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall be returned forthwith by the Clerk to the filer(s) thereof who shall have an additional thirty (30) days from the date the petition is returned to them by the Clerk to obtain the required number of signatures. The City Clerk shall, within thirty (30) days after such additional thirty (30) day period to obtain additional signatures, make like examination of said petition, and, if his/her certificate shall show the same to be insufficient it shall be void for all purposes. If the petition shall be found to be sufficient, the City Clerk shall submit the same to the Council without delay and the Council shall thereupon order and fix a date for holding said election, not less than fifty (50) days, nor more than seventy (70) days from the date of the City Clerk's certificate to the Council that a sufficient petition is filed. The ballots used when voting upon said proposed recall shall contain the words "shall (title of office and the name of the person against whom the recall is filed) be recalled?" and the words "yes" and "no." The Council and the City Clerk shall make, or cause to be made, publication of notice and all arrangements for conducting, returning and declaring the results of such election in the same manner as other City elections. Qualified candidates to succeed the person against whom the recall is filed, shall be listed on the ballot, except that the incumbent shall not be eligible to succeed himself/herself in any such recall election. In any such removal election, if a majority of the votes cast is for "yes" on C-18 the question of whether or not the incumbent should be recalled, the candidate receiving the highest number of votes shall be declared elected. The incumbent shall thereupon be deemed removed from the office upon qualification of his/her successor. In case the party who received the highest number of votes should fail to qualify within ten (10) days after receiving notification of election, the office shall be deemed vacant. The successor of any officer so removed shall hold office during the unexpired term of his/her predecessor. Article VIII Revenue and Finance Section 130. Reports and Estimates. On or before the first Monday in June in each year the City Manager shall transmit to the Mayor and Common Council, accompanied with the estimates and reports of each department an estimate of the probable financial necessities of the City Government for the fiscal year, stating the amount required to meet the interest and principal on all bonded or funded indebtedness of the City, together with the amount needed for the salaries and probable wants of all the departments of the Municipal Government in detail, showing specifically the necessities of each fund in the treasury. Such estimate shall also show what amount of income and revenue will probably be collected from fines, licenses and other sources of revenue, exclusive of taxes upon property, and what amount will probably be required to be levied and raised by taxation in order to meet the necessities of each specific fund for such fiscal year. Section 131. (Section Reserved) Ordinance To Be Passed. The text of Section 131 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 132. (Section Reserved) Ex-officio Assessor and Tax Collector. The text of Section 132 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 133. (Section Reserved) Indebtedness for Municipal Improvement. The text of Section 133 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 134. (Section Reserved) Sewer Service Charges. The text of Section 134 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 135. (Section Reserved) Demands Against City. The text of Section 135 of the current Charter is not being changed in any way by this Charter C-19 and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 139. Valid Claims. No claim for commodities furnished, or service performed, shall be valid unless prior to furnishing such commodities, or the rendition of the service, authority for the same had been given by the Common Council, the City Manager or some department of City government, having the authority so to do. No member of the Common Council, the City Manager or member of any department, and no City officer, shall have power to create an indebtedness against the City, or to furnish the basis of a claim without said authority. Section 140. (Section Reserved) Advertisement For Supplies, Etc. The text of Section 140 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 143. (Section Reserved) Special Funds. The text of Section 143 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 146. (Section Reserved) Water Fund. The text of Section 146 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 148. (Section Reserved) Library Fund. The text of Section 148 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 149. (Section Reserved) Sewer Fund. The text of Section 149 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Article IX Water Department Section 160. Water Commissioners - Term of Office - Qualifications - Duties. There is hereby created a board consisting of five members which shall be known as the Board of Water Commissioners. Members of such board shall be appointed by the Mayor, subject to the confirmation of the Common Council. The term of office of each commissioner shall be six years; provided, however, that on or after twelve o'clock noon on the second Monday in May 1935, one member of the Board shall then be appointed for a term of six years; that on or after twelve o'clock noon on the second Monday of May, 1937, one member of such board C-20 shall be appointed for a term of two years, and one member shall be appointed for a term of six years; and thereafter, on or after twelve o'clock noon on the second Monday of May of each odd numbered year, one member of the Board shall be appointed for a term of six years; provided further that on or after twelve o'clock noon on the second Monday of May, 1971, two members of the Board shall be appointed, one for a one year term and one for a three year term, commencing on the second Monday of May, 1971; and thereafter such members shall be appointed for six year terms commencing on the second Monday of May, 1972, and of May, 1974, and for every six years thereafter. Any member of the Board may be removed at any time by the affirmative vote of five Council Members, and upon any such removal, the vacancy shall be filled by the Mayor, with the consent of the Common Council, for the unexpired term. No person shall be eligible to appointment as a member of said Board unless he/she shall have been a qualified elector of said City for the period of five (5) years next preceding the date of his/her appointment. The Board of Water Commissioners shall perform the duties and responsibilities prescribed in this Charter and shall perform such other duties and responsibilities as are or may be prescribed or delegated by the Mayor and Common Council with the concurrence of the Board. Section 161. Oath of Office. Before entering upon the duties of his/her office, each member of the Board of Water Commissioners shall make and subscribe before some officer authorized by law to certify oaths, the same oath of office required of other City officers. Section 162. (Section Reserved) President - Inventory of Property. The text of Section 162 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 163. Powers. The Board of Water Commissioners is hereby authorized and empowered: 1. To establish and collect all water rates, collect all rentals from water bearing lands and generally regulate, control, manage, renew, repair and extend the entire water system of the City; 2. To employ such persons as the necessities of the water service may require, to fix and pay out of the Water Fund the compensation of any and all employees in said water service and to require of any employee in the Water Department an adequate bond for the faithful performance of his/her duties; 3. Upon the order of and in the manner directed by the Mayor and Common Council, to generally regulate, control, manage, renew, repair and extend the City waste water treatment (sewage disposal) plants and that portion of the outfall sewer lines extending from Mill and "E" Streets to said plants, and if so ordered by the Mayor and Common Council to pay all costs and expenses in connection C-21 therewith from the Water Fund; 4. To incur any indebtedness or liability not exceeding in any year the income and revenue provided for such year, subject to the debt limitation provisions of the Constitution of the State of California; 5. To make rules and regulations governing the conduct of said Board and the members thereof. Section 164. (Section Reserved) Sale And Use Of Water. The text of Section 164 of the current Charter is not being changed in anyway by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 165. (Section Reserved) Receipts and Disbursements of Water Funds. The text of Section 165 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 166. (Section Reserved) Map Of Water System And Service. The text of Section 166 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 167. (Section Reserved) Financial Condition of Water Department, Etc. The text of Section 167 of the current Charter is not being changed in anyway by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 168. City Clerk Ex-Officio Secretary. The City Clerk shall be ex- officio Secretary of said Board, and shall keep a record of the proceedings thereof; and shall, whenever required so to do, certify such proceedings under his/her hand, the same to be authenticated by seal, if a seal is adopted and provided by said Board for that purpose. Section 169. (Section Reserved) Meetings. The text of Section 169 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 170. Compensation of Members. The members of said Board shall each receive a salary as compensation for his/her services, payable out of the Water Fund of the City, as follows: The President, three hundred dollars ($300.00) a year, and each of the other members, one hundred fifty dollars ($150.00) a year. Section 171. (Section Reserved) Ordinance to Enforce Rules. The text of Section 171 of the current Charter is not being changed in any way by this C-22 Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Article X Police and Fire Departments Section 180. Powers of Mayor and Common Council. The police and fire departments shall be under the general supervision of the Mayor. The City Manager shall be the immediate supervisor of the Chief of Police and the Chief of the Fire Department. Neither the Mayor nor the City Manager shall interfere or attempt to interfere with the discharge of those duties of the Police or Fire Chief(s) the performance of which are required by law. The Mayor and Common Council shall have power upon the recommendation of the City Manager to fix and prescribe the salaries, qualifications, duties, rank, badges of office and uniforms of the officers, members and employees of said departments; to prescribe rules and regulations for the organization, government and discipline of the same, and to prescribe penalties for violations thereof; subject to the civil service provisions of this Charter. The Mayor shall determine any and all complaints of misconduct, inefficiency or violation of rules or other charges against the chiefs of said departments, and shall take such action thereon as shall be most conducive to the maintenance and discipline and efficiency of such departments, including suspending and or dismissing, for cause, the Chief of Police and/or the Chief of the Fire Department subject to the laws of the State of California. Section 181. Police Department - Membership. The Police Department shall consist of a Chief of Police, and as many ranking officers, police officers and other employees as the Mayor and Common Council may from time to time determine. Section 182. Chief of Police - Duties. The Mayor shall appoint a Chief of Police, subject to the approval of the Common Council. The Chief of Police shall have the powers and duties that are now or that may hereafter be conferred upon chiefs of police by the laws of the State, and such powers and duties shall in all respects be promptly executed by the Chief of Police, police officers, and by authorized personnel in the Police Department. The Chief of Police shall enforce the laws of the State and the ordinances of said City, and shall arrest or cause to be arrested all persons for whom probable cause exists to believe said person(s) may be guilty of violations of the same. He/she shall also have charge of the City jail, if one is in existence, of all prisoners and of all those who are sentenced to labor upon the public streets, public works or other places of said City and shall execute and enforce all orders and sentences in reference thereto; and he/she shall perform such other duties as may be prescribed by the Mayor and Common Council or by the City Manager. C-23 Section 183. Fire Department - Membership. The Fire Department shall consist of a Chief of the Fire Department and as many ranking officers, firefighters and other employees as the Mayor and Council may determine. A. Chief of the Fire Department - Duties. The Mayor shall appoint a Chief of the Fire Department, subject to the approval of the Common Council. The Chief of the Fire Department shall have the powers and duties that are now or that may hereafter be conferred upon chiefs of fire departments by the laws of the State, and such powers and duties shall in all respects be promptly executed by the Fire Chief and by authorized personnel in the Fire Department; and he/she shall perform such other duties as may be prescribed by the Mayor and Common Council or by the City Manager. Section 184. Supervision of City Manager Over Funds, Moneys Etc. The City Manager shall supervise and possess power and authority over all the funds, moneys and appropriations for the use of the Police and Fire Department, also the organization, government and discipline, subject to the restrictions in Section 180 of this Charter, of said Departments, and shall have control of all the property and equipments belonging to the same. Section 185. Power to Make Rules and Regulations. Said Mayor and Common Council shall have power to make all necessary rules and regulations, upon the recommendation of the City Manager, to carry into execution and effect the foregoing powers contained in this Article, and in general to enable the appropriate city officers to manage and control said departments. Section 186. Salaries. There is hereby established for the City of San Bernardino a basic standard for fixing salaries, classifications, and working conditions of the employees of the Police and Fire Departments of the City of San Bernardino, and the Mayor and the Common Council in exercising the responsibility over these departments vested in them by this Charter shall hereafter be guided and limited by the following provisions: FIRST: Classification The following classes of positions are hereby created in the Fire Department and Police Department of the City of San Bernardino, and the code numbers, titles, and salaries as hereinafter set forth are hereby established and fixed for such classes of positions. The letter "P" represents "Position" and the five steps in Positions 1, 2 and 3 being represented by the letters "a," "b," "c," I'd" and "e" are: "a" designating the first six months of service in the respective departments, "b" designating the following eighteen months of service in the respective departments, "c" designating the third year of service in the respective departments, I'd" designating the fourth year of service in the respective departments, and "e" designating the fifth and all subsequent years of service. Advancements in salary shall be made automatically step by step after each step of aggregate active service in the department in which the member is employed. Each person employed in the Fire Department and Police Department shall be C-24 entitled to receive for his/her services in his/her position the applicable respective rate or rates of compensation prescribed for the class in which his/her position is allocated. Additional titles may be established by the Mayor and Common Council, upon the recommendation of the City Manager, but only titles for Local Safety members of the Police and Fire Departments shall be placed in one of the following classifications having the most nearly equal duties and responsibilities. Local Safety members of the Police and Fire Departments shall mean any local police officer or local firefighter as defined under the provisions of the Public Employees Retirement System Law as specified in the California Government Code or amendments thereto. Class of Position Classification Title Title Number Fire Department Police Department P1 (Steps a,b,c,d,e) Firefighter, Battalion Chief Aide Police Officer P2 (Steps a,b,c,d,e) Fire Prevention Inspector P3 (Steps a,b,c,d,e) Engineer P4 Captain, Assistant Fire Prevention Engineer P5 Battalion Chief, Drill Master, Fire Prevention Engineer P6 Assistant Chief P7 Chief Juvenile Officer, Detective, Senior Identification Inspector Sergeant Lieutenant Captain, Superintendent of Records and Identification Assistant Chief Chief SECOND: Basic Salary Schedule (Category Reserved) The text of the subparagraphs under this category entitled "SECOND: Basic Salary Schedule" of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this category in this Charter with the same text and same designations. THIRD: Special Salary Provisions The following special provisions shall apply in addition to the compensation received in accordance with the above salary positions: (a) Police Department: Each police officer assigned to traffic enforcement duties on a motorcycle shall be paid when performing such duties during the period of assignment at the rate of not less than fifty dollars per month in addition to the pay step to which he/she is entitled as extra -hazard pay for motorcycle duty. The Police Chief shall certify monthly as to the assignment and the period of time worked to validate entitlement to the extra -hazard pay. C-25 (b) Police and Fire Departments: Any Local Safety member of the Fire and Police Departments temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive working days or five consecutive shifts, shall receive the same salary for the higher rank to which he/she would be entitled, were he/she promoted to that rank during the period in which the employee is acting in the higher rank. The Chief of the department in which the assignment to the higher rank occurs shall certify as to the assignment and the period of time worked in the higher rank to validate entitlement to the salary of the higher rank. (c) Fire Department- Paramedics. The Mayor and Common Council, upon the recommendation of the City Manager, may authorize additional salary to be paid to local safety members of the Fire Department, assigned to duty as paramedics, during the period of such assignment. (d) Fire and Police Departments-Education/Longevity Incentive Pay. The Mayor and Common Council, upon the recommendation of the City Manager, may authorize additional salary to be paid to local safety members of the Police Department and the Fire Department who have completed educational or longevity requirements specified by the Mayor and Common Council. (e) Fire Fighters (Subparagraph Reserved) The text of the provisions under this subparagraph (e) of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this subparagraph in this Charter with the same text and same designations. SIXTH: Definitions The words and terms defined in this subsection shall have the following meanings in this section: (a) "Shift" means a 24-hour duty for the Fire Department, except for the positions of Chief, Assistant Chief, and local safety members working in the Fire Prevention Bureau, and such other local safety positions as may hereafter be granted a forty (40) hour average work week by resolution of the Common Council upon the recommendation of the City Manager. Article XI (Article Reserved) School Districts Section 190. (Section Reserved) Definition. The text of Section 190 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. A31111111101 Board of Education Section 191. (Section Reserved) Members. The text of Section 191 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Board of Education: Term, Election Section 192. (Section Reserved) Terms of Office - Election. The text of Section 192 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Vacancies Section 193. (Section Reserved) How Filled. The text of Section 193 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 194. (Section Reserved) Meetings. The text of Section 194 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 200. (Section Reserved) Filing of Claims. The text of Section 200 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Article XII (Article Reserved) Free Public Library Section 205. (Section Reserved) Trustees - Terms. The text of Section 205 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charterwith the same text and same section designation. Section 206. (Section Reserved) Trustees - No compensation. The text of Section 206 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 207. (Section Reserved) Library Tax. The text of Section 207 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. C-27 Section 208. (Section Reserved) Donations - Bequests. The text of Section 208 of the current Charter is not being changed in anyway by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 209. (Section Reserved) Title To Real And Personal Property. The text of Section 209 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 210. (Section Reserved) Meetings. The text of Section 210 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 211. (Section Reserved) Powers of Board. The text of Section 211 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect underthis Article in this Charterwith the same text and same section designation. Section 212. (Section Reserved) Reports. The text of Section 212 of the current Charter is not being changed in anyway by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Article XII-A Park and Recreation Commission Section 213. (Section Reserved) Members - Term of Office. The text of Section 213 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 214. Appointment. Each Council Member shall appoint one commissioner whose term shall coincide with that of the appointing Council Member and the Mayor shall appoint two (2) commissioners, one of whom shall initially have a two (2) year term coinciding with the term of the Mayor and the other shall have a four (4) year term commencing on the second Monday of May, 1969. Thereafter, each Mayor and each Council Member, upon assuming office, shall appoint one member to the Commission for a four (4) yearterm. Anyvacancy occurring for any reason shall be filled in the same manner as the original appointment. Section 215. Removal From Office. Commissioners shall hold office for a term of four (4) years and until their successors have been appointed and qualified. Commissioners shall serve at the pleasure of the appointing officer and any member of said Park and Recreation Commission may be removed at any C-28 time by the affirmative vote of five (5) Council Members, and upon any such removal the vacancy shall be filled as aforesaid for the unexpired term. Section 216. (Section Reserved) No Compensation - Meetings. The text of Section 216 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 217. Duties. The Park and Recreation Commission shall: (a) Act in an advisory capacity to the Mayor and Common Council and to the City Manager in all matters pertaining to parks, recreation and parkways. (b) Consider the annual budget of the Park and Recreation Department during the process of its preparation and make recommendations with respect thereto to the Mayor and Common Council and to the City Manager. (c) (Subparagraph Reserved) The text of the provisions under this subparagraph (c) of Section 217 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this subparagraph in this Charter with the same text and same designation. Section 219. (Section Reserved) Appeal to Council. The text of Section 219 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect underthis Article in this Charterwith the same text and same section designation. Article XIII Miscellaneous Section 220. (Section Reserved) Fiscal Year. The text of Section 220 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect underthis Article in this Charterwith the same text and same section designation. Section 221. Definitions. City: The word "City" wherever it occurs in this Charter, unless it expressly appears otherwise, means the City of San Bernardino. General Supervision: The supervision by the Chief Executive Officer which is supervision that includes giving general policy directions, but does not include the authority to issue specific, day to day directives; requires the person exercising the general supervision to vigilantly observe the official conduct of the person/department/public institution being supervised, and take notice of the fidelity and exactitude or want thereof, with which the person/department/public institution being supervised executes his/her/its duties and obligations, especially in the collection, administration and disbursement of public funds and property. Any defamation or willful neglect of duty or official misconduct shall be laid before the Common Council in order that public interests may be protected and the 1:�39 person/department/public institution in default proceeded against according to law. Immediate Supervisor: The person with authority to observe, evaluate, issue specific, day to day directives to, approve/disapprove requests of, promote, demote, recommend or not recommend salary increases for, suspend, and recommend for termination, the person being supervised, except in cases of recommendations for termination of persons who occupy positions for which this Charter specifically provides otherwise. Manager -Directed Departments of the City: All City departments except the Offices of the Mayor, City Attorney, City Clerk and City Treasurer and except for the Water Department, the Free Public Library and the Civil Service Administration. Component Board: Board of Water Commissioners, Civil Service Board, Free Public Library Board of Trustees, and/or any other board established under the authority of the Mayor and Common Council which has the formal authority to hire, terminate, promote, or demote, any person applying for or occupying a salaried position under the City government. Civil Service Administration: The Civil Service Chief Examiner and those employees who work under his/her supervision. Civil Service System: The Civil Service Board, the Chief Examiner, the employees supervised by the Chief Examiner, the functions and work products of the Civil Service Board, the Chief Examiner and the employees he/she supervises. Current Charter: The Charter adopted by the voters on January 6, 1905, and all amendments thereto, beginning with those approved on December 28, 1908, through November 5, 2002, and any other amendments that may be adopted prior to the effective date of this Charter as provided in Section 244, herein. This Charter: This document and its full text. Full-time Permanent Employee: Any person hired to work for the City who works a minimum of thirty-two (32) hours per week, and who is hired as a retirement benefits -eligible employee pursuant to the Public Employees Retirement System (PERS) guidelines, and for whom there is no date of termination stated when said person is hired. Section 222. (Section Reserved) Oath of office. The text of Section 222 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 223. (Section Reserved) Ordinances in Force. The text of Section 223 of the current Charter is not being changed in any way by this Charter C-30 and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 225. Restrictions on Officers. No person holding a salaried office of this City, whether by election or appointment, shall hold any other office of honor, trust or emolument under the government of the United States, or of this State, except the office of Notary Public, Court Commissioner, or an office in the National Guard, and any person holding any salaried office of this City, who, during his/her term of such office, shall accept or hold any other office as aforesaid, except that of Notary Public, Court Commissioner, or in the National Guard, shall be deemed thereby to have vacated the office held by him/her under this City Government, and the same shall immediately become vacant. Nothing herein shall be deemed to prohibit any person holding any salaried office of this City from accepting an appointment to and serving on any Federal or State Commission or Committee providing such appointment and service is not full-time. Section 226. (Section Reserved) Delivery of Property. The text of Section 226 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charterwith the same text and same section designation. Section 227. (Section Reserved) Office Hours. The text of Section 227 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 229. Deposit of Money. It shall be the duty of every City officer, upon receiving into his/her hands money belonging to the Municipality, to forthwith deposit the same with the City Treasurer, except where otherwise provided by this Charter. Section 230. Term of Office. Every elective or appointive officer of the City shall hold office during the term prescribed by this Charter, and until his/her successor is elected or appointed and qualified, and every appointive officer or employee, except employees in the classified service, whose term is not fixed, shall hold office during the pleasure of the officer or board appointing him/her, and when an appointment is made to fill a vacancy in an unexpired term, the person appointed shall, if it be an appointive office, hold for the unexpired term and if for an elective office until the next succeeding general municipal election, at which time the office shall be filled for the balance of the term by an election. Section 234. (Section Reserved) Reimbursement For Expenses. The text of Section 234 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 235. (Section Reserved) Qualification of Officers. The text of Section 234 of the current Charter is not being changed in anyway by this Charter C-31 and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 238. (Section Reserved) Power to Reject Bids and Readvertise. The text of Section 238 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 240. (Section Reserved) Taking or Damaging Private Property. The text of Section 240 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 241. (Section Reserved) Employment of Legal Counsel. The text of Section 241 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 242. (Section Reserved) Qualifications of City Employees and Appointment. The text of Section 242 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 243. Nepotism. Neitherthe Common Council, the Board of Water Commissioners, the Free Public Library Board of Trustees, the Civil Service Board, nor any elective officer, nor the City Manager, nor the Civil Service Chief Examiner, shall recommend for hire, appoint, hire or confirm the hiring or appointment to a salaried position under the City government or any of its components any person who is a relative by blood or marriage within the third degree of any one or more of the members of such Common Council, member of a component board, any elected official of the City, the City Manager or the Civil Service Chief Examiner, nor shall any department head or other officer recommend for appointment or appoint any relative of such department head or other officer within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City priorto the existence of a situation contemplated by this provision; however, those persons with appointive powers and/orsupervisorial powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. Section 244. When Charter Takes Effect. This Charter shall take effect on the day of the swearing in of the Mayor for the 2006 to 2010 term for the Office of Mayor, but notwithstanding the foregoing, this Charter shall take effect no later than April 3, 2006. C-32 Section 245. Early Effective Date of Certain Sections of This Charter. Notwithstanding the effective date of this Charter provided in Section 244 herein, the provisions of Sections 120, 122 and this Section (245) shall take effect when accepted and filed by the Secretary of State as amendments to the current Charter; subsequently, Sections 120, 122 and 245 herein, shall continue in full force and effect under this Article with the same text and same section designations in this Charter, when this Charter takes effect as provided in Section 244 herein. Section 246. (Section Reserved) Civil Service Board -Appointment. The text of Section 246 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 247. Civil Service to Organize and Appoint Secretary. Immediately after appointment and qualification the Board shall organize by electing one of its members chairperson. The Board shall appoint a Chief Examiner who shall also act as Secretary of the Board. The Board may appoint such subordinates as the City Council may, by ordinance, prescribe. Section 248. Classified and Unclassified Civil Service. The Civil Service of the City of San Bernardino is hereby divided into the unclassified and the classified service: (1) The unclassified service shall include: (a) All officers elected by the people; (b) All officers appointed for a definite term; (c) All deputies and assistants of elective officers who hold office during the pleasure of such elective officers; (d) City Manager, Assistant City Manager, Deputies and/or other Assistants of the City Manager; (e) The heads of departments, and the heads of divisions of departments and members of all appointive boards; (f) One secretary for each department and one secretary for the City Manager. (2) The classified service shall comprise all positions not specifically included in this Charter in the unclassified service. There shall be in the classified service, the following three classes, to be known as the competitive class, the uncompetitive class and the labor class: (a) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examinations. (b) The uncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character, or may be C-33 determined by the rules of the Board. (c) The labor class shall include ordinary unskilled labor. Section 249. (Section Reserved) Veteran Preference. The text of Section 249 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charterwith the same text and same section designation. Section 250. (Section Reserved) Codes of Rules and Regulations. The text of Section 250 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article with the same text and same section designation. Section 251. (Section Reserved) Examinations. The text of Section 251 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 252. (Section Reserved) Promotion to Positions. The text of Section 252 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 253.One Year Probation. An appointment or promotion shall not be deemed complete until an applicable period of probation of not more than one year has elapsed. The probationer may be discharged or reduced at any time within said period upon the recommendation of the head of the department in which said probationer is employed with the approval of a majority of the Civil Service Board. Periods of probation shall be fixed by resolution of the Mayor and Common Council upon the recommendation of the City Manager and procedures for and effective dates of discharges and reductions shall be adopted by the Civil Service Board in its rules and regulations. Section 254. Discharge or Reduction of Compensation. No employee in the classified service shall be discharged or reduced in rank or compensation until he/she has been presented with reasons for such discharge or reduction in rank or compensation specifically stated in writing and has been given an opportunity to be heard before the Board in his/her own defense. The reason for such discharge or reduction and any reply thereto by such employee, shall be in writing and filed with the Civil Service Board. Verified written charges may be filed by any qualified elector of the City of San Bernardino under such rules and regulations as may be prescribed by the Civil Service Board. All charges shall be heard and trials had under such rules as the Civil Service may prescribe. PROVIDED, that the provisions of this section are at all times subject and subordinate to the provisions of Section 256. Section 255. Appeal of Suspension. Any employee of any department in the City in the classified service who is suspended, reduced in rank, or dismissed C-34 from a department by the City Manager or by the Head of the Department, or by any other authorized supervisor, may appeal from the decision of such officer to the Civil Service Board, and such Board shall define the manner, time and place by which such appeal shall be heard. The judgment of such board shall be final; PROVIDED that the provisions of this section are at all times subject and subordinate to the provisions of Section 256. Section 256. Power to Dismiss. A. The City Manager, Acting City Manager, Chief of Police, Chief of the Fire Department and any appointive commissioner, board member or committee member of any committee, of the City of San Bernardino, except those commissioners and members appointed for a definite term, and except for any committees of which the membership is composed entirely of members of the Common Council, may summarily be dismissed for the good of the service by the Mayor, with the consent of two-thirds (2/3) of the Common Council. B. Any Department Head, Division Head or any employee in the unclassified service except elected officers, officers appointed for a definite term, and except deputies, assistants, clerks, employees, and attaches holding office at the pleasure of an elective officer, may summarily be dismissed forthe good of the service by the City Manager with the consent of the Mayor and Common Council. Section 257. (Section Reserved) Position in Classified Service. The text of Section 257 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 258. (Section Reserved) Payment of Salaries. The text of Section 258 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 259. (Section Reserved) Investigations. The text of Section 259 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 261. (Section Reserved) Penalties Fixed by Civil Service Board. The text of Section 261 of the current Charter is not being changed in any way by this Charter and shall continue in full force and effect under this Article in this Charter with the same text and same section designation. Section 262. Effectiveness and Repeal of Former Charter. Upon the effective date as set forth in Section 244, the provisions of this Charter shall be in full force and effect under the law, except for Sections 120, 122, and 245, which take effect when C-35 accepted and filed by the Secretary of State as set forth in Section 245. Upon the effective date as set forth in Section 244, the former Charter is hereby repealed except that the text in those articles, sections, categories, and subparagraphs which have been reserved by this Charter are not repealed nor otherwise amended and shall continue in full force and effect in this Charter in their same text and same designations. Section 263. Severability. The provisions of the Charter are severable, and, if any sentence, section or other part of this Charter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. C-36