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RESOLUTION NO. 92-22
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE POWER OF THE
COMMON COUNCIL TO DISMISS OR SUSPEND CITY EMPLOYEES, TO GIVE THE
MAYOR AND COUNCIL CERTAIN APPOINTIVE POWERS, AND AUTHORIZING THE
MAYOR AND COUNCIL TO ESTABLISH THE OFFICE OF CITY ADMINISTRATOR
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
(a) in accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b) The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors. The following proposed
amendment to the Charter of the City of San Bernardino is
submitted to the qualified electors o£ the City of San Bernardino
for their approval or rejection at the consolidated municipal
election to be held on Tuesday, June 2, 1992.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Sections 38 and 90 be added to the Charter of
the City of San Bernardino and Section 51 be amended all to read
as follows:
Section 38. Power of Council to Dismiss.
Notwithstanding the provisions of sections 52 and
256, the Common Council shall have the power to
discharge any City appointive officer or
employee, for dereliction, neglect or non-
performance of duty, except employees in the
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January 24, 1992 1
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classified service, and may suspend any employees
in the classified service pending a hearing
before the Civil Service Board. Any appointive
officer or employee of the City of San
Bernardino, except officers appointed for a
definitive term, and except deputies, assistants,
clerks, employees, and attaches holding office at
the pleasure of an elective officer, may
summarily be dismissed for the good of the
service by the Common Council upon two-thirds
(2/3) vote.
Section 51. Appointments and vacancies.
The Mayor, with the consent and approval of
the Common Council, shall appoint all
offices, and 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 office
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 hold office
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for the unexpired term. Unless otherwise
provided by law or in this charter, the
Mayor with the consent and approval of the
Common Council, shall appoint members to
all City Boards, Committees and
Commissions. Unless otherwise specifically
provided by law or in this Charter, the
Mayor with approval of the Common Council
or the Common Council by 5/7th vote may
remove any appointee on any City Boards,
Committees, or Commissions. As used
herein, "City Boards, Committees and
Commissions" shall not include City Boards,
Committees and Commissions made up entirely
of members of the Common Council.
Unless otherwise specifically provided by
law, nominations for the City's
representatives for a joint powers,
regional or other multi-jurisdictional
board or commission may be made by the
Mayor or any Councilmember at a regular or
special meeting of the Common Council.
Final appointment shall be subject to the
approval of a two-thirds vote of the
Council. Replacement of a City
representative on such joint powers,
regional or other multi-jurisdictional
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board or commission may be made by the
nomination and approval of a new
representative without formal removal
proceedings.
Section 90 City Administrator. The Mayor
and Common Council shall by ordinance
establish the office of City Administrator.
Said ordinance shall provide that the City
Administrator shall have specific
supervision over all appointed department
heads and that the Mayor has specific
supervision over the City Administrator.
The ordinance shall provide that the Mayor
may discharge the City Administrator
without cause with the approval of the
Common Council, and that the Common Council
may discharge the City Administrator on its
own motion by a 5/7 vote. Said ordinance
shall provide that "Mayor" as used in
Sections 52 and 256 of this Charter
relating only to the power to discharge and
suspend City employees, shall mean "City
Administrator." The ordinance may provide
for such other duties of oversight,
coordination and reporting as deemed
appropriate by the Mayor and Common Council
and not in conflict with this Charter or
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January 24, 1992
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other applicable law.
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE POWER OF THE
COMMON COUNCIL TO DISMISS OR SUSPEND CITY EMPLOYEES, TO GIVE THE
MAYOR AND COUNCIL CERTAIN APPOINTIVE POWERS, AND AUTHORIZING THE
MAYOR AND COUNCIL TO ESTABLISH THE OFFICE OF CITY ADMINISTRATOR
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
adjourned
Bernardino at an regular meeting thereof, held on the 23rd
day of aanuarp 1992, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
REILLY X
HERNANDEZ x
MAUDSLEY x
MINOR X
POPE-LUDLAM x
MILLER g
Cit~'Clerk
*C
T e foregoing resolution is hereby a
of t,~., 1992.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
~~ day
W: I~~H~lco:
City of San
*This Charter Amendment substantially
weakens check and balance form of
government, and has had no public input
and appears to be a power grab by a
majority of the City Council.
~/~
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