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HomeMy WebLinkAbout2000-232 .~ (See Companion Resas. 2000-231, 2000-233, 2000-247) ! I ! RESOLUTION NO. 2000-232 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING A NEW CHARTER. , J 4 BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION I. Recitals. 7 In accordance with the Constitution of the State of California, the City of San (a) 8 Bernardino. a municipal corporation, has adopted a Charter. 9 (b) The Mayor and Common Council of the City of San Bernardino desire to submit to 10 the qualified electors for their consideration a new Charter for the City of San Bernardino, a copy 11 of which is attached hereto and is hereby incorporated herein as though fully set forth, 12 SECTION 2. Submittal to Electors. The attached proposed new Charter of the City of San 13 Bernardino is submitted to the qualified electors of the City of San Bernardino for their approval or rejection at the consolidated special municipal election to be held on Tuesday, November 7, 2000, 1 f approved by the qualified electors, upon the Adoption Date, the provisions of the new Charter shall be in full force and effect under the law, The current Charter is hereby repealed by operation of law upon the Adoption Date, except that (1) Charter Section 41 is not repealed nor otherwise 14 15 16 17 18 amended by the new Charter and said Charter Section 41 shall continue in full force and eftixt in the 19 new Charter numbered as Section 2003 (System for Assessment, Levy, and Collection of Taxes); 20 (2) Charter Section 134 and Charter Sections 160 through 171, inclusive, are not repealed nor 21 otherwise amended by the new Charter and said Charter Section 134 and Charter Sections 160 22 through 171, inclusive, shall continue in full force and effect in the new Charter numbered as 7' ~) Sections 1200 through 1212, inclusive, in Article XII (Water Department); and (3) Charter Sections 190, 191 and 192 are not repealed nor otherwise amended by the new Charter and said Charter Sections 190. 191 and 192 shall continue in full force and effect in the new Charter numbered as 24 25 26 Sections 1400, 1401 and 1402 in Article X IV, 27 PROPOSED NEW CHARTER. 28 It is proposed that the proposed new Charter submitted by the Mayor and Common Council HTC/calchartcr.rcs I ). 2000-232 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING A NEW CHARTER. , 3 of the City of San Bernardino, attached hereto. be adopted by the qualified electors of the City of San 4 Bernardino as the Charter of the City of San Bernardino. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a Joint Special meeting thereof, held on 7 4th day of August , 2000, by the following vote, to wit: 8 COllncil Members: 9 ESTRADA 10 LIEN 11 MCGINNIS 12 SCIINETZ 13 SUAREZ 14 ANDERSON 15 MCCAMMACK 16 17 AYES NAYS ABSTAIN ABSENT x x x x x x x /-:) "1 C' . j..., J'\~0~t ,,,/ ~ iVL/~ \. CITY CLERK- 18 19 The foregoing resolution is hereby approved this ~'Th day of August ,2000, 22 ~ 20 21 7' -~ 24 Approved as to form and legal Content: 25 JAMES F, PENMAN, 26 City Attorney 27 28 d.. ,~ "'h d\. t ~*X*~* PROPOSED CHARTER -------------------------()~ lltIE;-------------------------- CITY OF SAN BERNARDINO ~ " ,; u o " ~ oj E '" .0 , " oj '" 'u ::i " " I I- UJ ~ UJ l- i:::: To be submitted to the Electors Tuesday, November 7, 2000 Proposed Charter for the City of San Bernardino Table of Contents CHARTER OF THE CITY OF SAN BERNARDINO TABLE OF CONTENTS Preamble ARTICLE I INCORPORATION AND SUCCESSION Sec. 100. Name and Boundaries Sec. 101. Succession to rights, property, and liabilities ARTICLE II POWERS OF CITY Sec. 200. Generally I Sec. 201. Intergovernmental actions 2 ARTICLE III LEGISLATIVE BRANCH 2 Sec. 300. Common Council 2 Sec. 301. Creation of Wards 2 Sec. 302. Eligibility to hold office 2 Sec. 303. Term of office 2 Sec. 304. Powers 3 Sec. 305. Ordinances, resolutions, and orders 3 Sec. 306. Committees of the Common Council 4 Sec. 307. Communication with management 4 Sec. 308. Meetings 4 Sec. 309. Mayor to preside 5 Sec. 310. Employees of Common Council 5 ARTICLE IV EXECUTIVE BRANCH 5 Sec. 400. The Mayor 5 Sec. 401. Eligibility to hold office 5 Sec. 402. Term of office 5 Sec. 403. Powers and duties 6 Sec. 404. Mayor Pro-Tempore 7 Sec. 405. City Administrator 7 Sec. 406. Police and Fire Departments 8 Sec. 407. Police Department - Membership 8 Sec. 408. Chief of Police - Duties 8 Sec. 409. Fire Department - Membership 8 ARTICLE V CITY CLERK Sec. 500. The City Clerk 8 Sec. 501. Eligibility to hold office 8 Sec. 502. Term of office 9 Sec. 503. Deputy City Clerks and other employees 9 Sec. 504. Powers and duties 9 ARTICLE VI CITY ATTORNEY Sec. 600. The City Attorney Sec. 601. Eligibility Sec. 602. Deputy City Attorneys and other employees Sec. 603. Duties Sec. 604. Prohibition against private practice Sec. 605. Outside legal counsel ARTICLE VII CITY TREASURER Sec. 700. The City Treasurer ARTICLE VIII VACANCIES Sec. 800. Vacancies and forfeiture of office Sec. 801. Filling vacancies in elected offices Sec. 802. Filling vacancy in the Office of the Mayor ARTICLE IX ELECTIONS Sec. 900. General municipal elections Sec. 901. Run-off municipal elections Sec. 902. Special municipal elections Sec. 903. Election dates Sec. 904. Procedures for holding elections 8 10 10 10 10 10 11 11 11 11 11 II II 12 12 12 12 12 13 13 Proposed Charter for the City of San Bernardino Table of Contents ARTICLE XVIII CITIZEN ADVISORY COUNCILS 19 13 Sec. 1800. Enabling clause 19 13 13 ARTICLE XIX 13 PERSONNEL 19 14 Sec. 1900. Personnel systern 19 Sec. 1901. Civil Service Board of Appeals 20 14 Sec. 1902. Non-discrimination 20 Sec. 1903. Nepotisrn 20 14 Sec. 1904. Compensation 21 14 ARTICLE XX FISCAL 15 ADMINISTRATION 21 Sec. 2000. Fiscal year 21 Sec. 2001. Budget 21 15 Sec. 2002. Budget Message 21 Sec. 2003. Reserved 22 15 Sec. 2004. Independent Audit 22 15 16 ARTICLE XXI 17 TRANSITION 22 17 Sec. 2100. Adoption date and operative date 22 17 Sec. 210 1. Officers, employees, boards, and commissions 22 Sec. 2102. Initial salaries of elected officers 24 18 Sec. 2103. Municipal laws and regulations 24 Sec. 2104. Previous personnel system 25 18 Sec. 2105. Safety Employees' salaries 25 Sec. 2106. Previous charter sections treated as 18 ordinances 25 Sec. 2107. Effectiveness and repeal offormer charter 26 18 Sec. 2108. Elimination of transition provisions 26 18 ARTICLE XXII 18 MISCELLANEOUS 26 Sec. 2200. Oath of office 26 18 Sec. 2201. Official bonds 26 Sec. 2202. Conflicts of interest and ethics 26 18 Sec. 2203. Prohibition against holding other 19 office or city positions 27 19 Sec. 2204. Delivery of books , papers, and property to successors 27 Sec. 2205. Effect of invalidity in part 27 Sec. 2206. Violation of charter 27 APPENDIX ARTICLE X INITIATIVE, REFERENDUM, AND RECALL Sec. 1000. Generally Sec. 1001. Initiative Sec. 1002. Referendum Sec. 1003. Recall ARTICLE XI BOARDS AND COMMISSIONS Sec. 1100. Creation Sec. 1101. Appointment and removal of members ARTICLE XII - RESERVED ARTICLE XIII BOARD OF LmRARY TRUSTEES Sec. 1300. Creation Sec. 1301. Membership Sec. 1302. Powers and duties Sec. 1303. Library Fund Sec. 1304. Title to property ARTICLE XIV - RESERVED ARTICLE XV PLANNING COMMISSION Sec. 1500. Creation Sec. 1501. Powers ARTICLE XVI CHARTER REVIEW COMMITTEE Sec. 1600. Creation Sec. 1601. Duties and procedure ARTICLE XVII SALARY COMMITTEE Sec. 1700. Creation Sec. 1701. Duties and procedures Sec. 1702. Effective date of changes in compensation Proposed Charter for the City of San Bernardino SAN BERNARDINO CI1lY CHARTER PREAMBLE. We, the ctl1zens of San Bernardino, do 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. INCORPORATION AND SUCCESSION. Sec. 100. Name and Boundaries. The municipal corporation now existing and known as the City of San Bernardino shall remain and continue as a municipal corporation under its same name. The boundaries of the City shall be the boundaries as established at the time this Charter is adopted, or as the boundaries may be changed thereafter in the manner authorized by law. (A map of the existing boundaries is included in the appendix.) Sec. 101. Succession to rights, property, and liabilities. The City shall remain vested with all rights and privileges of every kind and nature vested in the City at the time this Charter is adopted. The City shall continue to own, possess, and control all property of every kind and nature owned, possessed, or controlled by the City at the time this Charter is adopted. The adoption of this Charter shall not abrogate, limit, or otherwise affect any existing debt, obligation, contract, lawsuit, or other liability on behalf of or against the City. ARTICLE II. POWERS OF CITY. Sec. 200. Generally. The City shall have all powers and rights possible for a charter city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter, subject only to the limitations contained in this Charter. The City shall have the power to make and enforce all laws and regulations regarding municipal affairs, subject only to such restrictions and limitations that may be provided in this Charter or the Constitution of the State of California. The City shall have the power and may act pursuant to any procedure established by state law, unless a different procedure is established by this Charter or by ordinance of the City. The powers and rights of the City shall be construed liberally and in favor of the City, and the enumeration of any particular power or right in this PAGE I OF 27 Proposed Charter for the City of San Bernardino Charter shall not be construed to be exclusive of, or as any limitation on, the general powers or rights granted in this article. Sec. 201. Intergovernmental actions. The City may exercise any of its powers or perform any of its functions, and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more cities, counties, states, foreign countries or civil divisions or agencies thereof, or the United States or any of its agencies. ARTICLE III. LEGISLATIVE BRANCH. Sec. 300. Common Council. There is hereby created the Common Council to exercise the powers provided for the Common Council in this Charter. The Common Council shall be comprised of seven (7) elected offices, the members of which shall be elected from wards by the voters in the ward, in the manner provided in this Charter. Sec. 301. Creation of Wards. The City shall be divided by ordinance into seven (7) wards, designated as First Ward, Second Ward, Third Ward, Fourth Ward, Fifth Ward, Sixth Ward, and Seventh Ward. The boundaries of the wards shall be reviewed at least every ten (10) years upon completion of the federal decennial census or more frequently as may be determined necessary. Boundary changes shall not be made more than once in any two (2) year period nor within ninety (90) days of any general municipal election. The boundaries of each ward shall be adjusted by the Common Council as necessary to provide for substantially equal numbers of residents in each ward. Boundary adjustments during the term of any member of the Common Council shall not result in the loss of any member's eligibility to hold office during such term. In establishing or changing the boundaries of the wards, consideration shall be given, but is not limited, to the following factors: continuity, integrity, cohesiveness, and compactness of territory; and general topography and geography. Sec. 302. Eligibility to hold office. To be eligible to hold office as a member of the Common Council, a person must be a citizen of the United States, a qualified elector of the City, and a resident of the ward from which the person is elected. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. Sec. 303. Term of office. Members of the Common Council shall be elected to serve for a term of four (4) years. The term shall begin on the first meeting of the Common Council in March following the Councilmember's election, or if the Councilmember is elected at a run-off election, then on the PAGE 2 OF 27 Proposed Charter for the City of San Bernardino first meeting at which the election results are certified. The term shall continue until a successor is elected and qualifies. Sec. 304. Powers. Except as otherwise provided in this Charter, all powers of the City are vested in the Common Council. All legislative power of the Common Council shall be exercised by ordinance or resolution, subject to the approval of the Mayor as set forth in this Charter. All other powers of the Common Council may be exercised by order or resolution, where not inconsistent with this Charter or ordinances of the City, and subject to the approval of the Mayor as set forth in this Charter. Upon the affirmative vote of at least five (5) members of the Common Council, the Common Council may make formal investigations into the affairs of the City, or the conduct of any city department, office, agency, board, or commission by compelling the attendance and testimony of city employees, officers, or other persons, or by compelling the production of documents or evidence. Upon the affirmative vote of at least five (5) members of the Common Council, the Common Council may issue subpoenas in the name of the City, which shall be attested to by the City Clerk. Disobedience of a subpoena issued by the Common Council shall constitute a misdemeanor and shall be punished in the same manner as violations ofthis Charter are punished. Sec. 305. Ordinances, resolutions, and orders. No order, except to adjourn for lack of quorum or compel the attendance of a quorum, and no ordinance, or resolution, shall be valid unless it receives the affirmative vote of at least four (4) members of the Common Council. A. Procedures. Except as expressly provided in this Charter, the requirements for the introduction, consideration, adoption, and effective date of ordinances, including all publication and notice requirements, shall be governed by state law. B. Approval by Mayor. Except as expressly provided in this Charter, no ordinance, resolution, or order shall take effect without the approval of the Mayor. For orders, the approval of the Mayor is presumed unless at the meeting at which the order is passed, the Mayor announces disapproval and the reasons therefor. All ordinances and resolutions must be submitted in final form to the Mayor for approval. The Mayor's approval of an ordinance or resolution is presumed unless within five (5) business days from the date of submittal, the Mayor disapproves the ordinance or resolution and provides written reasons therefor. Approval of the Mayor shall not be required for emergency ordinances or quasi-judicial decisions of the Common Council. C. Override by Common Council. Any ordinance or resolution disapproved by the Mayor shall take effect as if approved by the Mayor upon the affirmative vote of at least five (5) members of the Common Council no later than the next regularly scheduled meeting of the Common Council after the Mayor's disapproval. Any order of the Common Council disapproved by the Mayor, shall take effect as if approved by the Mayor, upon the affirmative PAGE 3 OF 27 Proposed Charter for the City of San Bernardino vote of at least five (5) members of the Common Council at the same meeting of the Common Council at which the order is disapproved. D. Approval and override in Community Development Commission. When, pursuant to state law, the Mayor and Common Council have designated themselves as the Community Development Commission of the City, the Mayor shall have the power of approval of all orders and resolutions of the Commission, in the same manner as the Mayor has in the City, subject to the power of the Commission to override any disapproval, in the same manner as the Common Council has in the City. E. Date of adoption. For ordinances and resolutions, the date of final adoption shall be deemed the earlier of the date of approval by the Mayor, or the date when the time for the Mayor's disapproval expires, or the date the Mayor's disapproval is overridden by the Common Council. For orders of the Common Council, or in those cases where the Mayor's approval is not required, the date of final adoption shall be deemed the date of adoption by the Common Council. Sec. 306. Committees of the Common Council. The Common Council may by ordinance or resolution establish committees composed of less than a quorum of the Common Council, to assist the Common Council in exercising its powers. The role of the committees is to become fully informed of the business of the City and to report to the Common Council any information or recommendations necessary to enable the Common Council to properly legislate. Approval of the Mayor pursuant to Section 305 of this Charter shall not be required for any action of the Common Council under this section. Sec. 307. Communication with management. For purposes of inquiry and discussion related to rnanagement and administration of the City, matters related to constituents, and pending legislative matters, members of the Common Council may communicate with the City Administrator, department heads, agency heads, or other officers of the City. Members of the Common Council shall have no power to give any orders, publicly or privately, to the City Administrator or any subordinate of the Mayor, or to any department or agency head, or subordinate of the department or agency head; nor shall members of the Common Council attempt to coerce or improperly influence the letting of any contract, purchase of supplies, or any other administrative action. Members of the Common Council shall have no power to order any subordinate of the Mayor, department head, agency head, or other officer, either directly or indirectly, to appoint, employ, discipline, demote, suspend, or dismiss any employee of the City. Sec. 308. Meetings. Except as expressly provided in this Charter, the notice, conduct, and procedures for all meetings of the Common Council shall be governed by state law. The Common Council shall provide by resolution for the order of business and the rules of procedure for the conduct of meetings of the Common Council. The time and place of the regular meetings of the Common PAGE 4 OF 27 ,---- Proposed Charter for the City of San Bernardino Council shall be established by ordinance of the City. Special meetings may be called by the Mayor or a majority of the members of the Common Council. A majority of all members of the Common Council shall constitute a quorum to do business. The Common Council may establish rules for conduct of its meetings and proceedings, and may order the removal of any member or other person for disrupting the meeting or failing to comply with orders of the person presiding at the meeting. Except for procedural motions or motions approved by unanimous vote, the ayes and noes of all votes of the Common Council shall be recorded and entered in the minutes of the meeting. Sec. 309. Mayor to preside. The Mayor shall preside at all meetings of the Common Council, but shall not be entitled to vote. In the absence of the Mayor, the Mayor Pro-Tempore shall preside, shall have the same power as the Mayor to disapprove any order ofthe Common Council, and shall retain the right to vote as a member of the Common Council. In the absence of both the Mayor and the Mayor Pro- Tempore, the Common Council may choose one (I) member of the Common Council to preside, who shall retain the right to vote as a member of the Common Council but shall not have the power to disapprove orders of the Common Council. Sec. 310. Employees of Common Council. Notwithstanding any other provision of this Charter, the Common Council may appoint, discipline, remove, and prescribe qualifications and duties for employees that directly serve the Comrnon Council. Approval of the Mayor, pursuant to Section 305 of this Charter, shall not be required for any action of the Common Council under this section. ARTICLE IV. EXECUTIVE BRANCH. Sec. 400. The Mayor. There is hereby created the Office of the Mayor to exercise the powers and duties provided for the Mayor in this Charter. The person elected to hold the Office of the Mayor shall be elected by the voters of the City, in the manner provided in this Charter, and shall devote his or her entire time to the duties of the office. Sec. 401. Eligibility to hold office. To be eligible to hold the Office of the Mayor, a person must be a citizen of the United States, a qualified elector of the City, and a resident of the City. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. Sec. 402. Term of office. The person elected to hold the Office of the Mayor shall be elected to serve for a term of four (4) years. The term shall begin on the first meeting of the Common Council in March following the Mayor's election, or if the Mayor is elected at a run-off election, then on the first PAGE 5 OF 27 Proposed Charter for the City of San Bernardino meeting at which the election results are certified. The term shall continue until a successor is elected and qualifies. Sec. 403. Powers and duties. Except as otherwise provided in this Charter, management and administrative authority of the City is vested in the Mayor, who shall be the Chief Executive Officer of the City. The Mayor shall be accountable to the People for the proper and efficient administration of all affairs of the City, for providing leadership and taking issues to the People, and for marshaling public interest in and support for municipal activity. The Mayor shall execute, uphold and cause the enforcement of all laws and ordinances of the City. In fulfilling the obligations of the office, the Mayor shall specifically, but not by way oflimitation, have the power and duty to: A. Exercise management authority, including the delegation of discretionary functions over all departments, agencies, and employees of the City. B. Observe the conduct of all public officers in the execution of their powers and duties, and protect the public interest by reporting to the Common Council any willful neglect of duty or official misconduct for action in accordance with applicable laws. C. Appoint, discipline, remove, and prescribe qualifications and duties for employees of the Office of the Mayor, as may be needed to perform the duties and carry out the responsibilities of that office. D. Appoint and prescribe qualifications and duties for department heads, agency heads, and other non-elected officers of the City, subject to confirmation by the Common Council. E. Discipline and remove from office any department head, agency head, or other non-elected officer of the City, except employees serving at the pleasure of an elected official or other city officer. F. Approve or disapprove, within five (5) business days, the appointment, discipline, or removal of an employee appointed by any department head, agency head, or other non-elected officer of the City, subject to the personnel system adopted pursuant to this Charter. G. Ensure that all contracts and agreements with the City are faithfully kept and fully performed. H. Make recommendations to the Common Council concerning the affairs of the City and, at least once per year, publicly address the Cornmon Council on the state of the City. PAGE 6 OF 27 Proposed Charter for the City of San Bernardino I. Actively promote economic development to broaden and strengthen the commercial and employment base of the City. J. Prepare and submit an annual budget for the City to the Common Council for consideration, and keep the Common Council fully advised as to the financial condition and future needs of the City. K. Represent the City in all intergovernmental relations and for all ceremonial purposes. L. Declare a local emergency and coordinate the City's emergency response activities in accordance with procedures established by ordinance. M. Issue executive orders, in writing, to establish procedures and implement policies consistent with this Charter and ordinances of the City. Any executive order or amendment thereof may be rescinded by an affirmative vote of at least five (5) members of the Common Council. N. Perform other duties and functions as are specified 10 this Charter or by ordinances of the City. Sec. 404. Mayor Pro-Tempore. The Mayor shall appoint, within a reasonable time after commencement of the Mayor's term of office and subject to confirmation by the Common Council, and may remove, a member of the Common Council to serve as the Mayor Pro-Tempore. When the Mayor is unable to perform the duties of the Office of the Mayor, the Mayor Pro-Tempore shall have all powers and duties of the Mayor, and shall retain the right to vote as a member of the Common Council, until the Mayor is able to perform the duties or until the Common Council declares the Office of the Mayor vacant. If the Mayor Pro-Tempore fills a vacancy in the Office of the Mayor pursuant to Section 802 of this Charter, the Mayor Pro-Tempore serving as the Mayor shall appoint a Mayor Pro-Tempore in accordance with this section. Sec. 405. City Administrator. There is hereby created the position of the City Administrator. The Mayor shall appoint, subject to confirmation by the Common Council, and notwithstanding any other section of this Charter may remove the City Administrator. The City Administrator shall be a person of demonstrated administrative ability with experience in a responsible, executive capacity and shall be selected on the basis of executive and administrative qualifications. The City Administrator shall have at least five (5) years of experience as the administrative head or assistant administrative head of a city, or equivalent experience in the direction and supervision of other government or private business activities of comparable importance and magnitude. The City Administrator shall work under the direct supervision of the Mayor, and shall be responsible PAGE 7 OF 27 Proposed Charter for the City of San Bernardino to the Mayor for administrative matters of the City not otherwise assigned in this Charter. The specific duties, responsibilities, and functions of the City Administrator shall be established, defined, and altered by executive order of the Mayor. Sec. 406. Police and Fire Departments. There is hereby created the Police and Fire Departments which shall be under the control and management of the Mayor. Sec. 407. Police Department - Membership. The Police Department shall consist of a Chief of Police, and such officers and other police officers as the Mayor and Common Council may from time to time determine. Sec. 408. Chief of Police - Duties. The Mayor shall appoint, and may discipline and remove, a Chief of Police in accordance with Sections 403 D and 403 E of this Charter. The Chief of Police shall have the powers and duties that are now or may hereafter be conferred upon chiefs of police by laws of the State of California, and such powers and duties shall in all respects be promptly executed by police officers and authorized personnel in the Police Department. The Chief of Police shall enforce the laws of the State of California and the ordinances of the City, and shall arrest all persons suspected of violation of the same. Sec. 409. Fire Department - Membership. The Fire Department shall consist of a Fire Chief and as many assistants and other employees as the Mayor and Common Council may determine. ARTICLE V. CITY CLERK. Sec. 500. The City Clerk. There is hereby created the Office of the City Clerk to exercise the powers and duties provided for the City Clerk in this Charter. The person elected to hold the Office of the City Clerk shall be elected by the voters of the City, in the manner provided in this Charter, and shall devote his or her entire time to the duties of the office. Sec. 501. Eligibility to hold office. To be eligible to hold the Office of the City Clerk, a person must be a citizen of the United States, a qualified elector of the City, a resident of the City, and shall have at least five (5) years experience as a city clerk or deputy city clerk. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. PAGE 8 OF 27 Proposed Charter for the City of San Bernardino Sec. 502. Term of office. The person elected to hold the Office of the City Clerk shall be elected to serve for a term of four (4) years. The term shall begin on the first meeting of the Common Council in March following the City Clerk's election, or if the City Clerk is elected at a run-off election, then on the first rneeting at which the election results are certified. The term shall continue until a successor is elected and qualifies. Sec. 503. Deputy City Clerks and other employees. The City Clerk may appoint, discipline, remove, and prescribe qualifications and duties of all Deputy City Clerks and other employees working in the Office of the City Clerk. All Deputy City Clerks and other employees shall serve at the pleasure of the City Clerk. Sec. 504. Powers and duties. The powers and duties of the City Clerk shall be as follows: A. Serve as the custodian of the City seal and the ordinances, resolutions, contracts, records, and other documents of the City entrusted to the City Clerk's care. B. Keep all ordinances, resolutions, contracts, records, and other documents properly indexed and, when not in actual use, open during regular office hours to public inspection. C. Keep a record and have custody of all official bonds, and place and renew all corporate surety bonds of officers and employees, provided that the reliability of the corporate sureties has been approved by the Common Council. D. Give all required notices and attend all meetings of the Common Council, and keep a record of its proceedings. E. Administer all oaths and affirmations, except as otherwise provided by this Charter. F. Conduct or cause the conduct of all municipal elections. G. Issue business registration certificates and countersign all warrants on the City treasury, except warrants of the boards established under Articles XII and XIII of this Charter. H. Perform the duties of a city clerk established by state law, or ordinance or resolution of the City, where not inconsistent with this Charter. PAGE 9 OF 27 Proposed Charter for the City of San Bernardino ARTICLE VI. CITY ATTORNEY. Sec. 600. The City Attorney. There is hereby created the position of City Attorney. The Mayor shall appoint the City Attorney subject to confirmation by the Common Council, and the Mayor may remove the City Attorney subject to confirmation by the Common Council. The person appointed as City Attorney shall devote his or her entire time to the duties of the office. Sec. 601. Eligibility. To be eligible to be appointed as City Attorney, a person must be an attorney-at-law licensed to practice in all the courts of the State of California, and prior to appointment must have engaged in the practice of law in the State of California for at least five (5) years, with at least five (5) years experience as either a city attorney or deputy city attorney, or possess a comparable understanding of municipal law. Sec. 602. Deputy City Attorneys and other employees. The City Attorney may appoint, discipline, remove, and prescribe qualifications and duties for all Deputy City Attorneys and other employees working under the direction and control of the City Attorney. Every Deputy City Attorney shall be a fully licensed attorney-at- law at the time of appointment and continuously thereafter. All Deputy City Attorneys and other employees shall serve at the pleasure of the City Attorney. Sec. 603. Duties. The duties of the City Attorney shall be as follows: A. Advise the Mayor, Common Council, officers, and boards and cornmissions in all matters of law pertaining to their offices, powers, and duties. B. Attend all rneetings of the Common Council. C. Represent and appear for the City, Mayor, Common Council, and boards and commissions, in any legal action or proceeding in which they or any of them are concerned or are a party. D. Represent and appear for all city officers or employees or former officers or employees in any action or proceeding brought against him or her, in his or her official or individual capacity, on account of an act or omission in the scope of his or her employment as an officer or employee of the City, whenever the City is required by state law or whenever the Common Council elects to provide such defense. E. Prosecute on behalf of the People violations of this Charter or ordinances of the City, and prosecute on behalf of the People misdemeanor offenses and infractions PAGE 10 OF 27 Proposed Charter for the City of San Bernardino ansmg from the violation of state law and for which the City Attorney is specifically granted the power of enforcement by state law or those violations which are drug or vice related. F. Perform other legal services requested by the Mayor or Common Council. Sec. 604. Prohibition against private practice. The City Attorney shall not conduct any private law practice while holding office. Sec. 605. Outside legal counsel. The Mayor and Common Council shall jointly have the power and authority to employ and engage such outside legal counsel and services for the interest and benefit of the City and the inhabitants thereof. ARTICLE VII. CITY TREASURER. Sec. 700. The City Treasurer. There is hereby created the position of City Treasurer. The procedures for appointing and the qualifications for the City Treasurer, and the duties, responsibilities, and functions of the City Treasurer, shall be established, defined, and altered by ordinance of the City. The City Treasurer shall perform the duties of a city treasurer established by state law where not inconsistent with this Charter or ordinances of the City. ARTICLE VIII. VACANCIES. Sec. 800. Vacancies and forfeiture of office. An elected office shall become vacant upon the occurrence of any of the following: an event that causes a vacancy of public office as provided in the Government Code of the State of California, removal of the incumbent from the office in any manner authorized by law, or forfeiture of the office. An elected officer shall forfeit the office if the elected officer lacks at any time during the term of office the eligibility requirements for the office established by this Charter or by law, or the elected officer accepts or retains another elected office or employment as prohibited by this Charter or by law. The existence of a vacancy shall be declared by resolution of the Common Council stating the reasons for the vacancy, and the vacancy shall be filled in the manner provided in this Charter. Sec. 801. Filling vacancies in elected offices. If an elected office is declared vacant in accordance with this article, the Mayor shall appoint, subject to confirmation by the Common Council, a person eligible to fill the vacancy. The person appointed to fill the vacancy, shall serve in the elected office until a person is elected to the office for the remainder of the unexpired term or for a new term, at a special municipal PAGE 11 OF27 Proposed Charter for the City of San Bernardino election to be held no later than one hundred and eighty (180) days after the declaration. The special municipal election required by this section shall be called by the Common Council no later than thirty (30) days after the Common Council declares the vacancy. Sec. 802. Filling vacancy in the Office of the Mayor. If the Office of the Mayor is declared vacant in accordance with this article, the Mayor Pro-Tempore shall serve as Mayor with all powers and duties of the Mayor, and shall retain the right to vote as a member of the Common Council, until a person is elected to the Office of the Mayor for the remainder of the unexpired term or for a new term, at a special municipal election to be held no later than one hundred and eighty (180) days after the declaration. If the Office of Mayor Pro-Tempore is vacant at the time the Office of the Mayor is declared vacant, the Common Council shall select one (I) of its members to serve as Mayor in accordance with this section, until a person is elected to the Office of the Mayor in accordance with this section. The special municipal election required by this section shall be called by the Common Council no later than thirty (30) days after the Common Council declares the vacancy. ARTICLE IX. ELECTIONS. Sec. 900. General municipal elections. General municipal elections for the election of officers and for such other purposes as the Common Council may prescribe, shall be held on the first Tuesday following the first Monday of November of each odd numbered year. Sec. 901. Run-off municipal elections. If in any general municipal election no candidate receives a majority of the votes cast for the elected office, the Comrnon Council shall immediately, upon determination of that fact, call a run-off municipal election to be held on the first Tuesday after the first Monday in February. Notwithstanding any other section of this Charter, whenever a county-wide or state-wide election is scheduled within sixty (60) days after the date on which a run-off municipal election would otherwise be held pursuant to this Charter, the City shall consolidate the run-off municipal election with the county-wide or state-wide election. The two candidates receiving the highest number of votes for the office in the general municipal election shall be declared the candidates for the run-off municipal election. Sec. 902. Special municipal elections. All other municipal elections that may be held by authority of this Charter or of any law, shall be known as special municipal elections. Notwithstanding any other section of this Charter, whenever a county-wide election, state-wide election, general municipal election, or run-off municipal election is scheduled within sixty (60) days of the date on which a special municipal election would otherwise be held pursuant to this Charter, the City shall consolidate the special municipal election with the county-wide election, state-wide election, general municipal election, PAGE 12 OF 27 Proposed Charter for the City of San Bernardino or run-off municipal election. The candidate receiving the most votes in a special election shall take office at the first meeting ofthe Common Council at which the election results are certified. Sec. 903. Election dates. In 2001 and every four (4) years thereafter, a general municipal election shall be held to elect persons to the following elected offices of the City: Office of the Mayor, Councilmember First Ward, Councilmember Second Ward, and Councilmember Fourth Ward. In 2003 and every four (4) years thereafter, a general municipal election shall be held to elect persons to the following elected offices of the City: Office of the City Clerk, Councilmember Third Ward, Councilmember Fifth Ward, Councilmember Sixth Ward, Councilmember Seventh Ward. Sec. 904. Procedures for holding elections. To the extent not provided for and to the extent not in conflict with this Charter, all elections shall be held in accordance with the provisions of the Elections Code and the Government Code of the State of California for the holding of municipal elections. ARTICLE X. INITIATIVE, REFERENDUM, AND RECALL. Sec. 1000. Generally. The powers of initiative, referendum, and recall are hereby reserved to the voters of the City. To the extent not provided for and to the extent not in conflict with this Charter, the provisions of the Elections Code of the State of California shall govern the exercise of the powers of initiative, referendum, and recall. Sec. 1001. Initiative. Any proposed ordinance which the Common Council itself might adopt may be submitted to the Common Council by petition requesting that the ordinance be adopted by the Common Councilor submitted to the voters of the City. This process shall be known as the initiative. To commence proceedings to exercise the power of initiative, a proposed ordinance must be submitted to the City Clerk, accompanied by a petition signed by qualified voters of the City equal in number to twenty-five percent (25%) of the entire vote cast for all candidates for Mayor at the last election at which the Mayor was elected. Initiatives to amend the Charter shall be governed by provisions of the California Constitution and applicable provisions of state law concerning charter amendments. Sec. 1002. Referendum. For any ordinance duly adopted by the Common Council, a petition may be submitted to the Common Council, suspending such ordinance from operation, and requiring the Common Council to reconsider such ordinance, and if the same is not entirely repealed, submit the ordinance to the voters of the City. This process shall be known as the referendum. To commence proceedings to exercise the power of referendum, a petition must be submitted to the City Clerk within thirty (30) days after the date of final adoption for the ordinance that is the PAGE 13 OF 27 Proposed Charter for the City of San Bernardino subject of the referendum. At the time of submission, the petition must be signed by qualified voters of the City equal in number to twenty-five percent (25%) of the entire vote cast for all candidates for Mayor at the last election at which the Mayor was elected. Sec. 1003. Recall. Every incumbent in an elected office in the City, whether elected by popular vote or appointed to fill a vacancy, may be removed from the elected office by the voters eligible to vote for such elected office. This process shall be known as the recall. Any vacancy of an elected office caused by the recall of an elected officer shall be filled in accordance with the provisions of this Charter. No person recalled from an elected office or who resigned from elected office while recall proceedings were pending, shall be appointed to any office within two (2) years after the recall or resignation. To commence proceedings to exercise the power of recall, a petition must be submitted to the City Clerk. At the time of submission, the petition must be signed by qualified voters eligible to vote for the incumbent equal in number to the lesser of the following: A. Twenty-five percent (25%) of the registered voters eligible to vote for the incumbent proposed to be recalled, according to the last official report of registration to the Secretary of State of California by the county elections official of the County of San Bernardino. B. The entire vote cast for all candidates for the elected office from which the incumbent is proposed to be recalled, at the last election held for that elected office; but in no circumstance shall this number be less than ten percent (10%) of the registered voters eligible to vote for the incumbent proposed to be recalled, according to the last official report to the Secretary of State of California, by the county elections official of the County of San Bernardino. ARTICLE XI. BOARDS AND COMMISSIONS. Sec. 1100. Creation. Operational, advisory, appellate, or rule-making boards and commissions for the proper operation of any function or agency of the City may be established by ordinance of the City. The ordinance shall prescribe the powers, duties, functions, and jurisdiction of the board or commission, and shall establish the number of members of the board or commission, and their qualifications, terms, compensation, and reimbursement for expenses, if any. Sec. 1101. Appointment and removal of members. The procedure for appointing members of boards or commissions established under this article shall be established by ordinance of the City. Any rnember of a board or comrnission established under this article may be removed by the affirmative vote of at least five (5) members of the Cornmon Council. PAGE 14 OF 27 Sec. 1200. Sec. 1201. Sec. 1202. Sec. 1203. Sec. 1204. Sec. 1205. Sec. 1206. Sec. 1207. Sec. 1208. Sec. 1209. Sec. 1210. Sec. 1211. Sec. 1212. Proposed Charter for the City of San Bernardino ARTICLE XII (ARTICLE RESERVED) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) (Section Reserved) ARTICLE XIII. BOARD OF LIBRARY TRUSTEES. Sec. 1300. Creation. There is hereby created the Board of Library Trustees to exercise the powers and duties prescribed in this article, in a manner consistent with this Charter and ordinances of the City. Sec. 1301. Membership. The Board of Library Trustees shall be composed of five (5) members appointed by the Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the Board of Library Trustees, a person must be a qualified elector of the City. This eligibility requirement must be satisfied at least twenty-nine (29) days prior to the date of appointment and continuously thereafter during the term of appointment. Persons appointed to the Board of Library Trustees shall serve a term of six (6) years and thereafter until a successor is appointed PAGE 15 OF 27 Proposed Charter for the City of San Bernardino and qualifies. One (I) appointment to the Board of Library Trustees shall be made at the first meeting of the Common Council in May of each of the following years, and again every six (6) years thereafter: 2003, 2004, 2005, 2006, and 2007. Any person appointed to the Board of Library Trustees may be removed by the affirmative vote of at least five (5) members of the Common Council except for purposes of censorship. If the position of any member on the Board of Library Trustees is vacated prior to the expiration of that member's term, the Mayor shall appoint a person to fill the remainder of the unexpired term, subject to confirmation by the Common Council. Members of the Board of Library Trustees shall serve without salary or compensation. Sec. 1302. Powers and duties. The Board of Library Trustees shall have the power and duty to: A. Manage, control, and operate a central public library and branch public libraries within the City. B. Make and enforce all rules, regulations, and by-laws necessary for the administration, governance, and protection of the public library system and all property belonging thereto or that may be loaned thereto. C. Appoint, discipline, remove, fix compensation, and prescribe qualifications and duties for the director of the public library system. D. Subject to the procedures of the personnel system established pursuant to this Charter, appoint, discipline, remove, fix compensation, and prescribe qualifications and duties for such officers and employees as may be necessary or convenient for the administration, governance, and protection of the public library system. E. Purchase books, journals, publications, information systems and technology, and other personal property, and rent and equip such buildings or rooms as may be necessary or proper for the operation and maintenance of the public library system. F. At the time and in the form established by the Mayor, submit a recommended budget to the Mayor detailing a complete financial plan of all operations and activities of the public library system. The recommended budget shall be accompanied by a message describing the important features of the budget, indicating any major changes from the preceding year in expenditures and revenues, together with the reasons for the changes, and include such other information as the Mayor deems appropriate. PAGE 16 OF 27 Proposed Charter for the City of San Bernardino G. Administer any trust declared or created for the public library system, and receive by grant, entitlement, donation, gift, bequest, or devise any monies or real or personal property, and where not otherwise provided, dispose of such property for the benefit of the public library system. H. Borrow or lend books and other library materials to other jurisdictions and allow non-residents to borrow books and other library materials upon such conditions as the Board of Library Trustees may prescribe. I. Contract with schools, counties, or other governmental agencies to render or receive library services or facilities. Sec. 1303. Library Fund. There is hereby created a fund to be known as the Library Fund, the monies in which shall be used solely for financial support of the public library system. All monies in the Library Fund shall be kept separate and apart from other monies of the City and shall be drawn only upon demands authenticated by the Board of Library Trustees. Monies received from the following sources, including any interest earned thereon, shall be deposited in the Library Fund: A. Revenues generated from any fines, sales, or operations of the public library system. B. Monies received by the City or by the Board of Library Trustees from any local, state, or federal grants or entitlements, or from donations, gifts, bequests, or devises, expressly designated for use in support of the public library system; unless the deposit of such monies into the Library Fund would be inconsistent with the terms or conditions of its acquisition, in which case the Board of Library Trustees shall provide for the safety and preservation of such monies and shall make use thereof in accordance with the terms and conditions applicable thereto. Sec. 1304. Title to property. Unless inconsistent with the terms of its acquisition, title to all real and personal property, now owned or hereafter acquired by purchase, donation, bequest, or otherwise, for the purpose or use of the public library system, shall vest and be and remain in the name of the City. ARTICLE XIV. (ARTICLE RESERVED) Sec. 1400. (Section Reserved) Sec. 1401. (Section Reserved) Sec. 1402. (Section Reserved) PAGE 17 OF 27 Proposed Charter for the City of San Bernardino ARTICLE XV. PLANNING COMMISSION. Sec. 1500. Creation. There is hereby created the Planning Commission for the City. The manner in which, the times at which, and the terms for which the members of the Planning Comrnission shall be appointed, their qualifications and the number which shall constitute the Planning Commission shall be established by ordinance of the City. Sec. 1501. Powers. The Planning Commission shall exercise the powers delegated to a planning commission by state law and by ordinance of the City, where not inconsistent with this Charter. ARTICLE XVI. CHARTER REVIEW COMMITTEE. Sec. 1600. Creation. In January 2010, and in January every ten (10) years thereafter, a Charter Review Committee shall be appointed in accordance with the procedures established for appointments under Article XI of this Charter. The members shall serve on a voluntary basis and without compensation. The Mayor and Common Council may appoint a .Charter Review Committee more often, if they deem it necessary. Sec. 1601. Duties and procedure. The Charter Review Committee shall, after study and holding public meetings, recommend to the Common Council any amendments to the Charter for placement on the ballot at the next general municipal election. The final recommendations of the Charter Review Committee shall be presented to the Common Council no later than the first meeting of the Common Council in February in the year following the appointment of the Charter Review Committee. The Common Council shall receive the recommendations of the Charter Review Committee prior to the last day to place measures on the ballot for the next general municipal election. ARTICLE XVII. SALARY COMMITTEE. Sec. 1700. Creation. In January 2002, and in January of every two (2) years thereafter, the Mayor shall appoint a Salary Committee consisting of seven (7) members, subject to confirmation by the Common Council. No person shall be appointed to the Salary Committee while serving as an officer or employee of the City, nor within two (2) years after holding such a position. Members of the Salary Committee shall serve on a voluntary basis. PAGE 18 OF 27 Proposed Charter for the City of San Bernardino Sec. 1701. Duties and procedures. The Salary Committee shall study and hold public meetings on the issue of the total compensation for each elected official of the City. Not later than ninety (90) days before the end of the fiscal year, the Salary Committee shall make a recommendation to the Common Council concerning the total compensation, including salary and benefits, for each elected official of the City. The Common Council shall adopt or disapprove the recommendation of the Salary Comrnittee prior to the end of the fiscal year. The Common Council shall have no power to alter, amend, or otherwise change the recommendation of the Salary Committee. Sec. 1702. Effective date of changes in compensation. If a change in the total compensation for an elected official is adopted by the Common Council, such change shall not take effect until after the next election for that elected official. ARTICLE XVIII. CITIZEN ADVISORY COUNCILS. Sec. 1800. Enabling clause. Each member of the Comrnon Council may create a Citizen Advisory Council within his or her ward. The composition of a Citizen Advisory Council shall be determined by the Councilmember, but the composition should reflect the diverse interests within the Councilmember's ward. The specific role and function of a Citizen Advisory Council shall be determined by the Councilmember, but it should generally serve the underlying purposes of this article which are as follows: (a) to promote citizen, neighborhood, and community participation in city governance and policy-making; (b) to help Councilmembers stay informed of the issues and concerns in their respective wards; (c) to support and augment existing neighborhood empowerment activities within the City; (d) to help neighborhoods discover and build on their strengths and find creative solutions to their problems; and (e) to develop and nurture leadership within the neighborhoods and communities of the City. ARTICLE XIX. PERSONNEL. Sec. 1900. A. Personnel system. Merit principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness, demonstrated by a valid and reliable examination or other evidence of competence. B. Merit system. Consistent with all applicable federal and state laws, a merit system governing personnel policies necessary to effectively administer the employees of the City's departments, agencies, and offices, shall be established by ordinance of the City. The merit system shall include, but not be limited to, classification and pay plans, qualifications and examinations, provisional and PAGE 19 OF 27 Sec. 1901. A. B. C. Proposed Charter for the City of San Bernardino exempt appointments, employee duties and working conditions, in-service training, disciplinary actions, force reductions, removals, grievances, and relationships with employee organizations. Civil Service Board of Appeals. Creation. There is hereby created the Civil Service Board of Appeals to exercise the powers and duties prescribed in this section in a manner consistent with this Charter and ordinances of the City. Membership. The Civil Service Board of Appeals shall be composed of five (5) members appointed by the Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the Civil Service Board of Appeals, a person must be a qualified elector of the City. This eligibility requirement must be satisfied at least twenty-nine (29) days prior to the date of appointment and continuously thereafter during the term of appointment. Persons appointed to the Civil Service Board of Appeals shall serve a term of six (6) years and thereafter until a successor is appointed and qualifies. One (I) appointment to the Civil Service Board of Appeals shall be made at the first meeting of the Common Council in May of each of the following years, and again every six (6) years thereafter: 2003,2004,2005, 2006, and 2007. Any person appointed to the Civil Service Board of Appeals may be removed by the affirmative vote of at least five (5) members of the Common Council. If the position of any member on the Civil Service Board of Appeals is vacated prior to the expiration of that member's term, the Mayor shall appoint a person to fill the remainder of the unexpired term, subject to confirmation by the Common Council. Powers and duties. The Civil Service Board of Appeals may affirm, overrule, or modify on appeal any final administrative decision resulting in the discipline, demotion, suspension, or removal of an employee who is under the classified personnel system, and its decision shall be final. Sec. 1902. Non-discrimination. No person shall be appointed to or removed from, or in any way favored or discriminated against, with respect to any city employment, position, contract, or appointment for any reason or condition prohibited by state or federal non-discrimination laws and regulations. Sec. 1903. Nepotism. The Mayor, members of the Common Council, members of boards or commissions, and any department head, agency head, or other officer having appointive power, shall not recommend the appointment of, appoint, or vote for or eject to any office, position, or employment with the City, any member of said officer's immediate family. For purposes of this section, the term "immediate family" is defined as a spouse, son, daughter, mother, father, brother, sister, grandchild, grandparent, aunt, uncle, nephew, or niece, and includes half- PAGE 20 OF 27 Proposed Charter for the City of San Bernardino relatives, step-relatives, and in-laws, as well as any person who regularly cohabits with or uses the domicile of said officer as his or her residence. Any appointment made in violation of this section shall be void and of no effect. The foregoing prohibition against nepotism may be waived by an affirmative vote of at least five (5) members of the Common Council upon a finding that the proposed appointment is in the best interest of the City. Sec. 1904. Compensation. Except as otherwise provided in this Charter, the Mayor or designee shall negotiate, establish, and adjust the total compensation for all employees and non-elected officers of the City, except those directly appointed by the Common Council under Article III of this Charter. In making compensation determinations, the Mayor shall consult with and receive input from the City Administrator and any affected department head, agency head, and other officer of the City. All compensation determinations by the Mayor shall be subject to confirmation by the Common Council. ARTICLE XX. FISCAL ADMINISTRATION. Sec. 2000. Fiscal year. The fiscal year of the City shall be established by ordinance of the City. Sec. 2001. Budget. Each department, agency, and office of the City shall provide in the form and at the time directed by the Mayor and City Administrator all information required to develop a budget conforming to modern budget practices and procedures as well as specific information which the Common Council may require. Under the direction and control of the Mayor, the City Administrator shall prepare a budget that provides a complete financial plan of all City operations and activities for the next fiscal year. In preparing the budget, the City Administrator shall review the information and hold conferences thereon with the department heads, agency heads, and officers of the City. The Mayor shall present the budget to the Common Council, in such form as the Mayor deems appropriate after consultation with the Common Council. Following at least one public meeting on the budget, the Common Council shall adopt by resolution a budget of proposed expenditures and appropriations necessary therefor for the next fiscal year, failing which, the appropriations for current operations of the last fiscal year shall be deemed effective until the new budget and appropriation measures are adopted. Sec. 2002. Budget message. The budget submitted by the Mayor to the Common Council shall be accompanied by a budget message which shall explain the budget. The budget message shall outline the proposed financial policies of the City for the next fiscal year, describe the important features of the budget, indicate any major changes from the preceding year in financial policies, expenditures, and revenues, together with the reasons for the changes, summarize the City's debt position, and include such other information as the Mayor deems appropriate. PAGE 21 OF 27 Proposed Charter for the City of San Bernardino Sec. 2003. (Section Reserved) Sec. 2004. Independent audit. After the comrnencement of each fiscal year, the Mayor, with the consent of the Common Council, shall employ a qualified certified public accountant, who has no personal interest, direct or indirect, in the fiscal affairs of the City or any of its employees or officers. The accountant shall perform an annual audit of the books, financial records, and related documents of the City in accordance with generally accepted auditing standards for public agencies, and shall have free access to the books, records, inventories, and reports of all officers and employees who receive, handle, or disburse public funds, and such other officers, employees, departments, or agencies as the Cornmon Council may direct. As soon as practicable after the end of the fiscal year, a final audit and management report shall be submitted by the accountant to the Mayor and Common Council, and shall be available thereafter for public review and inspection. ARTICLE XXI. TRANSITION. Sec. 2100. Adoption date and operative date. As used in this Charter, the term "Adoption Date" means the date upon which this Charter is filed in accordance with state law, and the term "Operative Date" means the date of July 1,2001, except as otherwise provided in this Charter. Sec. 2101. Officers, employees, boards, and commissions. Except as provided in this section, all officers, employees, and persons serving on any board or commission of the City on the Adoption Date shall continue to perform the duties of their respective offices, employments, and appointments without interruption and under the same terms and conditions until provisions have been made otherwise in accordance with this Charter or until the election, employment, or appointment of their successor. A. City Attorney and City Treasurer. Upon the Adoption Date, the persons serving in the elected offices of the City Attorney and the City Treasurer as established by the previous charter, shall serve, respectively, as the appointed City Attorney and the appointed City Treasurer as established under this Charter, until a person is appointed to such office in accordance with this Charter, or the office is vacated, or the Operative Date, whichever is earlier. B. Park and Recreation Commission. The Park and Recreation Commission established by the previous Charter, as it existed immediately prior to the Adoption Date, shall continue in effect as a commission established by ordinance pursuant to Section 2106 of this Charter, and each person appointed as a member of the Park and Recreation Commission shall continue as a member and continue PAGE 22 OF 27 Proposed Charter for the City of San Bernardino to perform the duties of the Park and Recreation Commission in accordance with such ordinance. C. Mayor Pro-Tempore. Within ninety (90) days after the Adoption Date, the Mayor shall appoint a person to serve as Mayor Pro-Tempore in accordance with Section 404 of this Charter. D. (Section Reserved) E. Board of Trustees of the Free Public Library. The Board of Trustees of the Free Public Library established by Section 205 of the previous Charter, as it existed immediately prior to the Adoption Date, shall continue to exist but shall perform the functions of the Board of Library Trustees pursuant to Article XIII of this Charter, and all members thereof shall continue to serve until the expiration of their respective terms, unless the member resigns or is otherwise removed in accordance with this Charter. To transition to the new terms for members of the Board of Library Trustees under Section 1301 of this Charter, the following transitional appointments shall be made as the terms of the members in office on the Adoption Date expire: one (I) appointment for two (2) years, one (I) appointment for three (3) years, and one (I) appointment for six (6) years shall be rnade at the first meeting of the Common Council in May 2001; and one (I) appointment for two (2) years and one appointment for three (3) years shall be made at the first meeting of the Common Council in May 2003. Upon the expiration of the term of each transitional appointment made pursuant to this section, all subsequent appointments shall be made in accordance with Section 1301 of this Charter. F. Civil Service Board. The Civil Service Board established by Section 246 of the previous Charter, as it existed immediately prior to the Adoption Date, shall continue to exist but, after the Operative Date or the earlier adoption of the ordinance required by Article XIX of this Charter, it shall perform the functions of the Civil Service Board of Appeals pursuant to Section 190 I of this Charter, and all members thereof shall continue to serve until the expiration of their respective terms, unless the member resigns or is otherwise removed in accordance with this Charter. To transition to the new terms for members of the Civil Service Board of Appeals under Section 190 I of this Charter, the following transitional appointments shall be made as the terms of the members in office on the Adoption Date expire: one (I) appointment for two (2) years and one (I) appointment for six (6) years shall be made at the first meeting of the Common Council in May 200 I; one (I) appointment for one (I) year and one appointment for two (2) years shall be made at the first meeting of the Common Council in May 2003; and one (I) appointment for one (I) year shall be made at the first meeting of the Common Council in May 2005. Upon the expiration of the term of PAGE 23 OF 27 Sec. 2102. A. B. c. Proposed Charter for the City of San Bernardino each transitional appointment made pursuant to this section, all subsequent appointments shall be made in accordance with Section 190 I of this Charter. Initial salaries of elected officers. Mayor. Effective on the Adoption Date, the Mayor's salary shall be increased to eighty thousand dollars ($80,000.00) per year. After the Adoption Date, all adjustments to the total compensation paid to Mayor, including salary, shall be in accordance with the provisions of this Charter. Members of the Common Council. Effective on the Adoption Date, the salary for members of the Common Council shall be increased to twelve thousand dollars ($12,000.00) per year. After the Adoption Date, all adjustments to the total compensation paid to members of the Common Council, including salary, shall be in accordance with the provisions of this Charter. Salary of City Clerk. Within ninety (90) days after the Adoption Date, the Common Council shall establish by resolution the initial total compensation for the City Clerk. After the Common Council establishes the initial total compensation of the City Clerk by resolution, all adjustments to the total compensation paid to the City Clerk, including salary, shall be in accordance with the provisions of this Charter. Sec. 2103. Municipal laws and regulations. On or after the Operative Date, all ordinances, resolutions, orders, rules, and other regulations not inconsistent with, conflicting with, or interfering with the effective operation of this Charter, shall remain and continue in force until duly amended, repealed, or replaced. Any ordinance, resolution, order, rule, or other regulation in effect on the Operative Date, regardless of the method, manner, or time of adoption, is hereby repealed to the extent inconsistent with, conflicting with, or interfering with the effective operation of this Charter. It is not the intent to re-adopt said ordinances, resolutions, orders, rules or other regulations, but to continue them in effect. After the Adoption Date and prior to the Operative Date, the following shall occur: A. Conformance of orders, rules, and regulations. Prior to the Operative Date, each officer, department, agency, board, or commission responsible for promulgating orders, rules, or other regulations of the City, shall review all such orders, rules, or other regulations for which it is responsible, and shall amend, repeal, or replace such orders, rules, or other regulations to the extent necessary to be consistent with this Charter. B. Conformance of ordinances and resolutions. The City Attorney and City Clerk shall review all ordinances and resolutions, and shall report to the Mayor and propose to the Common Council the amendment or repeal of any existing ordinance, resolution, or order necessary to be consistent with this Charter, or the PAGE 24 OF 27 Proposed Charter for the City of San Bernardino adoption of new ordinances, resolutions, or orders necessary to implement the provisions of this Charter. Sec. 2104. Previous personnel system. Until the Operative Date, the provisions of sections 246 through 261 of the previous Charter as they existed immediately prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto, shall continue in full force and effect except as the same may hereafter be changed by amendment thereof in the manner provided by law. After the Operative Date or the earlier adoption of the ordinance required in Article XIX of this Charter, said sections, and any ordinances, rules, or regulations adopted pursuant thereto, shall immediately cease to have any force or effect. The adoption of this Charter shall not affect any employee grievance proceeding or action that has been commenced prior to the Adoption Date. Sec. 2105. Safety Employees' Salaries. The provisions of Section 186 contained in the previous Charter as it existed immediately prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto, shall continue in full force and effect. These provisions shall immediately cease to have any force and effect upon adoption and implementation of SB402 or similar binding arbitration actions from the State, and the expiration of the current labor contracts. In the event SB402 or similar legislation is repealed, the City of San Bernardino shall maintain in effect the rules and regulations contained in SB402 or any similar binding arbitration action from the State. Sec. 2106. Previous charter sections treated as ordinances. The following sections of the previous charter, as they existed immediately prior to the Adoption Date, shall be treated as if enacted by ordinance, and may be amended, repealed, or replaced by ordinance after the Adoption Date. To the extent of conflict or inconsistency between the previous charter sections treated as if enacted by ordinance under this section and this Charter, this Charter shall prevail. Section 70 Section 131 Section 132 Section 135 Section 139 Section 140 Section 143 Section 149 Section 180 Section 181 Section 182 Section 183 Section 184 Section 185 Section 210 Section 2 I 2 Section 213 Section 2 I 4 Section 215 Section 216 Section 217 Section 219 Section 229 Section 234 Section 238 Section 240 PAGE 25 OF 27 Proposed Charter for the City of San Bernardino Sec. 2107. Effectiveness and repeal offormer charter. Upon the Adoption Date, the provisions of this Charter shall be in full force and effect under the law. The former Charter is hereby repealed except that (I) Charter Section 41 is not repealed or otherwise amended by this Charter, and said Charter Section 41 shall continue in full force and effect in this Charter numbered as Section 2003, (System for Assessment, Levy, and Collection of Taxes); (2) Charter Section 134 and Charter Sections 160 through 171, inclusive, are not repealed nor otherwise amended by this Charter and said Charter Section 134 and Charter Sections 160 through 171, inclusive, shall continue in full force and effect in this Charter numbered as Sections 1200 through 1212, inclusive, in Article XII (Water Department); and (3) Charter Sections 190, 191 and 192 are not repealed nor otherwise amended by this Charter and said Charter Sections 190, 191 and 192 shall continue in full force and effect in this Charter numbered as Sections 1400, 1401 and 1402 in Article XIV. Sec. 2108. Elimination oftransition provisions. In the event the sections of this article become obsolete in the judgment of the City Attorney, by virtue of the completion of all actions required under the section, the section shall be deemed expired and the City Clerk shall secure removal of that section from the next printing of the Charter. ARTICLE XXII. MISCELLANEOUS. Sec. 2200. Oath of office. Every officer of the City, appointed or elected, before entering upon the duties of the office, shall take the oath of office as provided for in the constitution of this state, and shall file the same with the City Clerk. Sec. 2201. Official bonds. Officers and employees subject to group or individual bonds to insure the faithful performance of official duties shall be determined by ordinance of the City. The ordinance shall fix the amount of such bonds, and shall provide for the payment of the premium of such bonds by the City. Sec. 2202. Conflicts of interest and ethics. Regulations governing conflicts of interest and ethics applicable to officers, employees, members of boards and commissions, and candidates for elected office of the City may be established by ordinance of the City. Unless otherwise required by law, the City shall not be required to negotiate or meet and confer with officers, employees, or employee organizations regarding the adoption or revision of such regulations. PAGE 26 OF 27 Proposed Charter for the City of San Bernardino Sec. 2203. Prohibition against holding other office or city positions. Except where authorized by law, no elected officer of the City shall hold any other elected public office during the term for which the person was elected to office. No elected officer shall hold any other municipal office or hold any office or employment, the compensation of which is paid with funds of the City, while serving as an elected officer of the City. Except for the incumbent in an elected office on the Adoption Date that is abolished or otherwise removed from this Charter, no former elected officer of the City shall hold any compensated office or employment with the City, except an elected office, until at least one (1) year after the expiration of the term for which the person was elected. Nothing in this section shall be construed to prohibit the appointment of any current or former elected officer of the City to represent the City on the governing board of any regional, state, federal, or other intergovernmental agency or commission. Sec. 2204. Delivery of books, papers, and property to successors. All papers, books, documents, records, archives and other properties prepared for or purchased by the City shall be and remain the property of the City. All officers, department heads, agency heads, members of boards and commissions, and employees of the City, upon leaving office or termination of ernployment or appointment, shall deliver to their successors all such papers, documents, records, books, archives and other properties pertaining and belonging to the City in their possession or under their control. Sec. 2205. Effect of invalidity in part. If any section, subsection, sentence, clause, or phrase of this Charter, or any amendment thereto, is for any reason held to be unconstitutional or otherwise invalid, that decision shall not affect the validity of the remaining portions of this Charter. The people of the City of San Bernardino hereby declare that they would have ratified and adopted this Charter and each section, subsection, sentence, clause, or phrase thereof, and any amendment thereto, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses, phrases or amendments be declared unconstitutional or otherwise invalid. Sec. 2206. Violation of charter. The Mayor and Common Council may prescribe by ordinance which provisions, if any, of the Charter, if violated would constitute a punishable offense and may further prescribe the nature ofthe offense and the penalty for such violation. PAGE 27 OF 27 HIGHlAND 16TH BASELINE 9TH FOOTHill BlAlIO Mill RANDAll City of San Bernardino 4J S'" :I ClII _ i!! -... ~!l1: =- ;:: ;; 18 leD oi! -Ii! == DMI s - o ~ ClI S IE - :!! -. PACIFIC BASELINE 9TH 5TH BlAlIO _ en . - ... ~ :. ... :. ClIo II: ClI - CUt _ ;: Ii s ~ _ IE IE. ;; DO . lOa C >- - _ D C - ClI - =- ... ... IE City Limits N . o 8/4/2000