HomeMy WebLinkAbout27-City Attorney
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject:
Charter Changes
From: James F. Penman, City Attorney
Dept: City Attorney
Date: April 5, 2004
OR\G\NAL
Synopsis of Previous Council action:
August 4, 2000
July 9,2001
July 26, 2001
July 15,2002
July 15, 2002
Resolution placing New City Charter on the ballot making City Attorney and City Treasurer
appointed positions and other changes.
Resolution placing Charter amendment on the ballot permitting City officials to serve on
Federal and State Commissions and Committees.
Resolution placing Charter amendment on the ballot permitting Mayor and Council to hire
attorneys upon the recommendation, and with the written consent of the City Attorney.
Resolution placing Charter amendment on the ballot raising the salary of the City Council.
Resolution placing Charter amendment on the ballot raising the salary of the Mayor.
Recommended motion:
No Action recommended
?f-
t.p~
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report and City Attornev draft of new Charter Ward: All
FUNDING REQUIREMENTS:
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J..f: 1-15" f'-1"Y1
Entered into Record at I I I
Council/CmyDevCms MIa: HI 5 I () 'f
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Council Notes:
Amount: -0-
Source: (Acct. No.)
(Acct. Description)
Finance:
75.0262
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City Clerk/COC Secy
City of Sail Bernardino
Agenda Item No. .;t 7
STAFF REPORT
Council Meeting Date:
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
April 5, 2004
Item #27
In November of2000 the voters defeated a proposed new City Charter that would have made
several changes to City government, the most significant of which would have been the City
Attorney and City Treasurer becoming appointed instead of elected positions. In that election 67.9%
of the voters cast "no" votes and 32.1 % cast "yes" votes.
Later that month, the mayor informed the City Attorney that she was "turning future Charter
amendment recommendations over to. . ." the City Attorney.
Pursuant to the Mayor's assigmnent, the City Attorney's office has proposed four Charter
amendments over the past 3\12 years, three of which have been enacted by the voters and one of
which was defeated by the voters.
Today, the Office of the City Attorney is presenting a new Charter for the City Council and
the public to study. The primary change in this proposed Charter is that, if enacted by the voters, the
City's form of government would be changed from a Mayor/Council form to a
Mayor/CouncillManager form.
Because numerous sections in the text of the 1905 Charter have to be amended to enact a
Mayor/CouncillManager form of government, it is necessary to present the proposal to the voters as
a new Charter. Otherwise, as many as eighteen (18) separate Charter amendments might have to be
voted on to accomplish the proposed conversion of the form of our City government.
Since it was necessary to make so many changes throughout the old Charter to alter the form
of government, the City Attorney's office has availed itself of the opportunity to review the entire
text in order to update several other sections as needed. Most of the changes are non-substantive but
we have also addressed the issues of the recall (~122) and initiative (~121), the County Registrar of
Voters conduct of City elections (~ II ), clarified the Mayor pro tempore's duty to preside during the
temporary absence of a Mayor (~36), the Mayor pro tempore's authority to dismiss certain officers
(~40s), and the replacement of the Mayor in the event the office becomes vacant (~51). We have
also added a section prohibiting nepotism in City government (~243).
Among the non-substantive proposed changes are editing the Charter text to make it gender-
neutral, and addressing the (Military) Leave of Absence (~16), the Police and Sanitary Regulations
(~40b), the Houses of III Fame (~40i), the City Prison (~400), the Duties of the Police Chief(~182)
and Fire Chief(~183), in order to bring such provisions into conformity with current State law.
We have also included a new section (~221) defining certain words used in the proposed
Charter.
In response to the request of some members of the Council, it is the intent of the City
Attorney's office to bring the proposed charter, after receiving comments on the draft presented to
the City Council and to the public today, back to the Mayor and Common Council for its action to
place this proposed Charter on the ballot for the November 2004 election.
It was our intent to have two attorneys, on their own time, review the legal language and
compare that language to the minutes of previous Charter Revision Committees, and to previous
Charter proposals, prior to submitting the attached document to the Mayor and Common Council.
However, the interest in the identities of these two individuals, and the need to enable them not to
have interruptions during their normal work schedules and of their office routines, led this office to
the decision to forego the assistance of these lawyers.
Consequently, as with the previous proposed Charter amendments, the attached proposal is
solely the work-product of the City Attorney's office.
WARD SYSTEM
Research on alternatives to the present City Ward system continues. The National City
Attorney's Association (IMLA) and the League of California Cities have given us the names of
lawyers throughout the United States and in California, who are considered experts in the area of the
Voting Rights Act (VRA). We are in the process of contacting these individuals and firms to seek
their legal advice on this issue.
Later this month we will meet with one attorney who specializes in VRA litigation, during
the semi-annual City Attorney's Conference in Washington, D.C.
It is unlikely that we will have a proposal ready to submit to the Mayor and Common Council
in time for the November 2004 election.
In addition, we would like to have the opportunity to discuss this issue further with members
of the community prior to submitting a recommendation to the Mayor and Common Council.
Respectfully submitted,
.
SECTIONS ADDED OR CHANGED
IN PROPOSED CHARTER
PREAMBLE
ART. II: Sections 10-A, 11, 12, 14-A, 15, 16,20,21, and 24-A.
ART. III: Sections 30, 31, 34, 36, 37, 39, 40(b), (d), (e), (i), (n),
(0), (r), (s), (v), (y), and (z).
ART. IV: Sections 50, 51, 52, 55 (b), (c) and (e), 60, and 70.
ART. V: Sections 100, 101, 102, 103, 104, and 105.
ART. VII: Sections 120, and 122.
ART. VI11: Sections 130, and 139.
ART. IX: Sections 160, 161, 163, 168, and 170.
ART. X: Sections 180, 181, 182, 183, 184, 185, and 186 (FIRST,
THIRD, and SIXTH Categories).
ART. XlI-A: Sections 214, 215, and 217(a) and (b).
ART. XIII: Sections 221, 225, 229, 230, 243, 244, 245, 247, 248, 253,
254, 255, 256, and 262.
.
,
Enter~~ into Record It t./ /0 1 , I
COIl' ,Op.vCms Mtg: I 0 '1
~i~~
a7
h,
April S, 2004
re "',
.i1a Item
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City Clerk/COC Secy
City of San Bemerdino
I am going to tbe Counsel Meeting today to address the new Cbarter changes tbat our
esteemed City attorney, Jim PenlllllD is going to annDUDee today. BeeaDse I am limited to 3
minutes, I would like you to know what I propose:
To: Tbl! Press Enterprise
Attention to: Cassie MacDuff
. In ber first term, Mayor Valles bad to eoneentrate on cleaning up the mess left
bebind by the former Mayor. Now tbat sbe eould get things done ~ jobs, Norton
expansion, (and yes, it will always be Norton to me) ete. It seems every time you
turn around Mr Penman is there about something ~ interrupting business. He was
hired by the City as an attorney ~ defending the city in lawsuits and giving legal
advise wben needed......doesn't this keep bim busy enough????
. January 10,200S, will be the 100 year anniversary of the San Bernardino City
Cbarter. It is my belief If Mr. Penman makes enough cbanges between now and
then, we wiD not be able to reeopize tbe Charter as originally written. .
. Some of his proposed cbanges ~ i.e., no former eleeted oflieial would be able to apply
for tbe City Mangers position until 2018 ~ Give me a break, what is be afraid of???
Does be really tbink Bob Holeomb is eoming back??? Wouldn't it make sense tbat a
person who is familiar with the workings of the city, to have an edge on the job?
. It is my belief, that if the city spent as much time trying to get businesses established
in this town as they do revising the cbarter, this town would again be the Hub of the
Inland Empire. Think about it..........the 215 and 10 freeways are the transportation
arteries that make it possible for goods and services to be delivered to at least a
quarter of tbe United States. What an opportunity for the City of San Bernardino
to beeome prosperous. My point bere is: Loeation,loeation,loeation.
. Council members sbould be a FULL TIME position with a salary of 550,000 per
year. Let's figure that out ~ S350,ooo in a total budget ofSU4 million dollars. That
is a sman number eompared to wbat the city will get in return. We get seven people
who ean represent their wards more effieiently. Seven people who ean give their fuD
8 bours a day into making San Bernardino more prosperous business eommunity.
Seven people who wiD be available to explore alternative funding sourees during our
current state fiseal crisis. (And it looks like it's going to be an ongoing problem for
years to come.) Seven people who can coordinate with other cities and market San
Bernardino in a broader arena. Seven people who will finally be able to keep "in
touch" with their constituents ~ proactive problem solving. Seven people who
would be able to assist people with bnilding & services making their experience
,
.
...
~ith the city more timely.
. What is a eouneDpenen paid now? Tbey receive 550 a montb and a .maII expense
aUowanee. They aD have jobs that require tIIeir attentioa eigbt houn a day. They
have families, peno'-al and city related orpnm.tions to attcad, researeh and
developmeat on issues pertainiq to the cities' ageaa, City CouneD meetiap to
attead, Hmiaan, meetlngs, penonal everyday "stull", ad iuost importaat keeping
a elose wateh on the "pulse" of their individual wards - alway. eoordiaating the
wards needs with the city at a wbole.
1 believe that there .bould be only one ehange in the City Charter - make the City CODneD
position fuD time.
Today I wulilteaiag to the radio and the eommeatator meatioaed that San Beraardino
and the Ialaad Empire were the wont in the aatioa for "Urban Sprawl". la !Wvi....
SDrawL written by the Natural Resourees Defea.e CouaeD it .tatel that" the battle agaia.t
.prawl is not a battle apiast eeonomie growth, it'. a light for growth that'. done right."
May I.aggest that the eity invest in this book and become a partaer with the Geaeral
Serviee Admiaistration before any "lmprovemeats" are done.
Thank YOB,
PaulSanbom
The blighted landscape of cookie cutter suburbs, strip malls, and far too
many highways.
CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
(^~l5r6veel8f: 8" elec;tio" held eR darll:J8f) G, 1SeS)
Ine;\tJdi"~ it:! 8ffi6"e1ment3 by 315edal eleetio"3 "tiel Daa6ffiber 28, 1388, April 18, 131 :J;
Mare;R 18,1319; Mare" 1S, 1321, !.prill', 1321, rJlhsmeer7, 1322, Ner..embar4,1924, '.I'ril
13,1325, April 8,1335, Mare" 1S, 1337, Mare" 28,1389, Ma,lG. 1344, UO.GI"I"I5er '7,1344,
Marel9 13, 1345, April 11, 1349, Mare" 28,1351, f,pril12, 1355, dl:lFl6 $,1356, MarGh 13, 1357,
Jl:lfl8 J, 13S8, Mare" 1'7,13S3, Mare" 21,1361; rdm:J8F) 5,13G3, rebrtlllf) 2,1365; Jl:lI'H~ 7,
, .
ana ~J8'yern"er S, 2882.
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 meetthe needs
of the people effectively and efficiently; to provide for accountability and
ethics in D... lie """ce; and to ensu", quality of opportunity to, eve"
resident. . t
,.,"",,,, Q~.)(li,:ne~n~,
un5feM~~~~s
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
[Rev April 5, 2004 (4:09pm)]
C - 1
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 a jl:Jelicial, 3ci'lool or
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 offi ed shall hold o' u til his or her successor is
elected and qualifies.
hB:d JtJl'IB 2, 1992) (City Attorn Opi
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.
-All e vi selm't ti!n '1Ie'ections
consolida wi c c d f e ardino, and
all City e/e 'h ate n i e County
of San Bernardino s'ha / follow the ounty s process for t e con uct 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. lA' 81'1'lBfldlJd 8} lJIlJe/:8r1/llJld ielJrtJ8f)
S, 19193) (City Attorney Opinion No. 96-3)
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/herhand 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
[Rev April 5. 2004 (4:09pm)]
C-2
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 andtider thiSii[rtiCle . liS c. harter with the same text
and same section design n. r
Section 14-A. Va c;A"nl conthe Common Council,
from whatever cause arising, shall be filled for the unexpired term thereof through
the election of a successor Councilman Council Member by the qualified electors
of the ward in which the vacancy has occurred. Such COl:lnGilman 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.
Section 14-8. (Section Reserved) Consolidated General Election. The
text of Section 14-8 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 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/herofficial duties, or is removed from office, or
ceases, in the case of a eOl:lflGilman Council Member to be a resident of his/her
ward, 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. (,13BllItllldlJd b; lJ:elJ~'ell "e:d .\'tJ~emBt)r 2,
-f9'i'61(City Attorney Opinion No. 96-3)
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 .....iti'lOl:l1 pay during such
service in accordance with applicable State and Federal laws, and for a period
[Rev April 5. 2004 (4:09pm)]
C.3
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 they
are not I31'1Y3ically or mentally incal'acitated from I'erforming the dtltie3 of 3aid
office or 1'03itiol'l. 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 hlslher 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.
Ttl8t 8:It All persofJinted to fill such
emergency shall be temp ry r' a
3, 11*?)
Bonds and a aries
ns during war or national
Section 20. Approval of Bonds. Officers of the City, before entering upon
the discharge of their official duties, and ..iti'lin t;.enly (26) day! after notice of their
election or al'l'ointment, 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 approv e authorized designee ofthe Mayor and commOiounCil and
filed with th it eUneUmeiU ok entitled
"Official Bo " a pt a ,c t h i lerk, which
shall be fil . t s e r f I 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/herterm 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 22 repealed by e/ectiol'l Meld 01'1 MaiY;M G, 1979)
[Rev AprilS. 2004 (4:09pm)]
C-4
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 24-8. (Section Reserve alary 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.
(Sectiol1 24 C .epea.'ed by electiol1 held 011 April 12, 1955.)
Council Members shall
00.00), payable monthly.
omey Opinion No. 96-3)
Section 24-A. Sa
each receive an annual s
(EJectiol1 24 D repealed by electiol1 held ol1,r-ebrtJlJiy 6, 197::1)
D6eftBleBt
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 eOI:JFIeilmen Council Members.
(A3 amellded b)' cleetielllle:d fill dl:ll'l{J 7, 1900) (Scott v. Common Council (1996) 44 Cal.App.4th
684,696, flnt. 8; City Attorney Opinion No. 92-10; City Attorney Opinion No. 91-33)
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 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 aAd codes may be adopted by reference in accordance with
general law.
Emergency or urgency ordinances and each resolution may be adopted on
[Rev April 5, 2004 (4:09pm)]
C - 5
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 atgthe order is pafihe Mayor causes his/her
disapproval, with his/her as elf d upon the minutes. All
resolutions and ordinanc aft sse mitted to the Mayor who
shall, within five (5) days e e e same, endorse his/her
approval or disapproval thereon, giving the reasons for his/herdisapproval. Each
ordinance or resolution to be valid must be passed by a vote of not less than four
(4) councilmeFl Council Members and approval by the Mayor, provided that if the
Mayor fails to approve the same it may be passed by a vote of not less than five
(5) COtlFleilmefl Council Members, and shall take effect as if approved by the
Mayor. (.43 lJlTlBIldDd b)' Dlllelion Meld J~IlD 7, 1966) (Castaneda v. Holcomb (1981) 114
Cal.App.3d 939,941-946; City Attorney Opinion No. 96-10; City Attorney Opinion No. 96-7; City
Attorney Opinion No. 88-13; City Attorney Opinion No. 88-7)
Sec (Se tionf:seled omdi an eSinaDtin ct;se. The text
of Section of u r I I n way by this
Charter an a n ull f n f t t's rt ;t is Charter
with the same ext an ame ecti eSlgna Ion.
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 fifty dollars
($50.00) 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 I'lreferreel
presented and be heard in 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
[Rev April 5. 2004 (4:09pm)]
C - 6
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 P . uties. The MaYDI preside at all meetings of
the Common Council, but all !Hi 0 he absence of the Mayor
from any Council meetl ,th I choose one of their own
number to preside over e et he 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.
In case of vaeaflcy, or if by rell30fl of temporary absence from the City, or
sickness, or from due to any other cause, the Mayor is temporarily unable to
perform the duties of his/heroffice, the Common Council shall appoint one of their
own number Mayor pro-tempore who shall have all powers and authority which the
Mayor wouossessed if personally present and attending to uch duties,
but such M r Get or BIDE . Council
Member. A o. - . n o. - City Attorney
Opinion No. O' y . . - i ~
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.
(Sect,''''' 38 If,BS Mot aPf',,'otted at e,'ect,'ot'l i'le:d Ju"e 2, 1992)
Section 39. Power to Override Mayor. Any exectlti.te order, directive
and/or decision of the Mayor made either formally or informally may be
overridden, amended, revised or withdrawn by two-thirds (213) vote of the Common
Council. (Added B) 8:811/illl'l "'",'d ':1:11'182, 1992} (City Attorney Opinion No. 96-10)
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
[Rev AprilS. 2004 (4:09pm)]
C -7
shall continue in full force and effect under this Article in this Charter with 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~
altRotJgtl IRe offeR38 eO~3titl:JtiFlg IRe mi3e1emeanor be 8:130 a iiol81:ioR of iRe pe"al
18\'113 of the Ctate.
(c) (Section Rese
Charter is not being chan
force and effect under t
section designation.
(d) License 'fax Fee. Council shall have power to license for purposes of
regtllatiOl'l anel 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
talt fee thereon. .
(e) Taxes. Council shall have power to levy and collect taxes subject to
State law."
~;L~eO~fti~O(f) of the
current Ch . 0 iUnIY."~ r d~1I 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
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. ineleeenl6:l'Ie1 immoral amusements al'lel exhibitions
(j ) (Section Reserved) Storage. The text of Section 40(j) 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.
[Rev April 5, 2004 (4:09pm)]
C - 8
(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.
(I) (Section Reserved) Hospitals, etc. The text of Section 40(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.
(m) (Section ReDemeteries. TftX of Section 40(m) of the
current Charter is not bein ha PH . harter and shall continue
in full force and effect u r t I is h r with the same text and
same section designatio
(n) rotlRd Animal Shelter. Council shall have power to establish and
regulate a public pouRd animal shelter.
(0) City rrisOI'1 Jail/Holding Area; Use of Inmates. Council shall have
power to provide a City prisoR jail/holding area and reqtlire lI'Ie prisoflers
undergoing seRtel'1Ce for R ,isdemeal'1Or to provide for the utilization of the
services of any person(s) sentenced by the court to perform such I8bor
comm~~i":Q~tlres:ribm Q,:a';l.).t~e c~rrent
Charter IS aU~ "ttIC;I;t~tIi &;lnue 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 50(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.
(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, in(;lIrc~rtlti"n
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 and remove stlel'l fJolicemeR aRd other stlBordiR8tes, such appointed
officers and employees, as tl'le1 may deem proper, and to fix their qualifications,
duties and compensations 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
[Rev AprilS. 2004 (4:09pm)]
C-9
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 101(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 Cit er, Chiii'ef of i.a or Chief of the Fire
Department unless, an ti' " re, acting as the Mayor
shall have been acting for fI not less than sixty (60)
consecutive days prio 11 0 e, 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) Bcti BeD' IRtenoi;.(U) of the
?urrent Ch r i ei an.g i n b . r d all continue
In full forc . fe tI . e text and
same section designation.
(v) COrl3trtJctiol'l 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 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.
(y) Dog Tax Animal Licensing Fee. Council shall have power to impose
and collect an annual license ~ fee on every dog any canine owned or harbored
within the limits of the City.
[Rev AprilS, 2004 (4:09pm)]
C-lO
(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.
(,~J Bffll!f1ded b) aleet;EJl13 Ne,'d ,r-"tblt1tJJ} S, 1973, Ntn,Gm"B, 7, 1389, aRB .\'tJ" tfl1bG. 7, 1995) (In
Re Pedrosian (1932) 124 Cal.App, 692, 695 regarding (e) and (z) above; City Attorney Opinion No,
93-19; City Attorney Opinion No. 92-26; City Attorney Opinion No. 92-10; City Attorney Opinion No,
91-33; City Attorney Opinion D' City AttorneYOPft' 91-2; City Attorney Opinion No.
90-21;CityAttorneyOpinionN 9-1 _d~ -15; City Attorney Opinion No,
89-11; City Attorney Opinion 8- "Inoai n 88-10)
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.
. (Section 4~ refj~8,'ed b)' e,'ectioM i'le,'fj ,\18'-'(;1'1 6, 1979)
(Section 45 rep~8led by e,'ectiol'l held M8,-'ch 6, 1979)
.ent
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 for the office.
The Mayor shall eatlse the strict ef!forcemef!t of all la..s and ordifllinces ..ithin
hi~lhujtlriseliction; 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. 'ff'te
Mayor shall eatlse all the book3 and records of said departments, boards, officer3
Md l'ef30flS to be kept if! legal and I'fel'er form. 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 information in writing
relative to the state of the City's municipal affairs and business, and shall
[Rev AprilS, 2004 (4:09pm)]
C-Il
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; si'lall C8tlSe IRem 10 be RORe3t1y, ecol'lOmieally anella,iftllly
coneltleteel, aAel The Mayor shall take all proper measures for the preservation of
public order and suppreD' f all riots and tuntA.! Ilnll!,ldtld ~ /J(eCh''',l !leld
NtMJM1BO, E, 1976.) (City Atto~ 0 . ~.. ity pinion No. 96-1; City Anorney
Opinion No. 95-2; City Attorne ini e pinion No. 91-33; City Attorney
Opinion No. 88-13; City Attorn pi 12; tt ey inion No. 88-10)
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 of
whether they 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 sha/lfill all vacancies in an elective office not
otherwise rovided for in this Charter; provided that in no case where a vacancy
has occurr n ap ointment been made to an elective office, II the officer
hold beyon e RID .U. Ion shall be
held for tha ic to fiI i n cancy in the
office of M ,e v cy II i a majority
vote, and the appointee shall be a person meeting all of the requirements for the
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 vetos. (A3/1nlOnded ~ 3f'oGitll {J,'IlGtiBIl !lold "1'1 J~l'Ie 3, 1958) (City
Attorney Opinion No. 96-10; City Attorney Opinion 93-19; City Attorney Opinion No. 92-18; City
Attorney Opinion No. 91-33; City Attorney Opinion No. 88-30; City Attorney Opinion No. 88-13; City
Attorney Opinion No. 88-12; City Attorney Opinion No. 88-10)
Section 52. Contracts and Agrecm~nts Power to Discharge or
Suspend Supervision by Mayor. Ti'le Mayor si'lall see ti'lat all contraets ane!
agreelTlent3 vvill; the City are faitl1ftlll) kept and ftJlly pe.rformed, and to that enel
anall Gatl38 IGgal proceedings to be eomrneMceel and prO!8cuteel in tRe nalTl8 of
t1=l8 Cit) again!. 811 per30n3 or Gorpofation3 failing te ftllfill tReir agreement! or
. ceFltraets, eiti'ler in "i'lole or in f'art. He 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. of all City officers elected or af'f'ointee!, excel'lt COtlneilmen. lie
31=1all "'a.-v's po.,)'cr to eli3cRsrge any Cit) appointive officer or employee, for
dereliction, neglect Of Ron performance of ell:lt~, except emplefeea in the cla33ifieel
[Rev April 5. 2004 (4:09pm) ]
C - 12
ge~ie;e, and may suspend 8ny employees in the classified service pending a
hearing beforg the eiv il sef\ice 6oara. (,~J llJ'neRded b) Jl'lJe:a: l,fleKBn Meld BM r\'B~embe,-
4, 1924) (City Attorney Opinion No. 96.1; City Attorney Opinion No. 95-2; City Attorney Opinion No.
93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 92-10; City Attorney Opinion No.
92-8; City Attorney Opinion No. 91-33; City Attorney Opinion No. 91-4; City Attorney Opinion No.
88-20; City Attorney Opinion No. 88-19; City Attorney Opinion No. 88-13; City Attorney Opinion No.
12; City Attorney Opinion No. 88-10)
(Section 53 repealed by e,'ecti{'Jfl "eld ('J'" Jtme 7, 1966)
City Attorney
Section 55. posiDt. . it!
Section 55(a) of the cur t IS
Charter and shall contin 0 a
with the same text and same section designation.
'on Reserved) The text of
nged in any way by this
his Article in this Charter
(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
the Off;:;I:\ o'QHcfflt Qft. A+:ney during
hls/her te~.u~~1 n ,L ~ayor and
Common Council, which appointment shall be valid until the next general
municipal election, at which time a City Attorney shall be elected for the 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.
(BlcfiaM S5(bj a3 art1l!)J,ckd b; l,feeHBM /u,,'d ()" f\'tn lJm1:Ja, 2, 1 SlS, St;C;HB1'1 S5('C') aJ amentiad b;
c!,"eGtiCJrI Me,'d aM Apr it' 12, 1955, SCCfl'BfI S5(dJ 113 l1J'nlfJded b) e,fec;t:lJfl3 he,'d I \p, ;,' 13, 1971 8MB
f;."."nl:JI!, 8, 1968) (Scott v. Cornrnon Council (1996) 44 Cal.AppAth 684,686,696, regarding
Section 55 (d).) (City Attorney Opinion No. 96-3; City Attorney Opinion No.89-11; City Attorney
Opinion No. 87-59; City Attorney Opinion No. 87-36)
(0e(;tlo,., 55(1) aMd (g) i'epea,'ed b)' e,'ecti{'J'" held Ma,'c"6, 1979)
[Rev April 5. 2004 (4:09pm)]
C-B
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 aPDwhomiEhe sa '~Iowed' the nature of the
claim, and the fund out wh 's. He/She shall issue all
licenses and countersign wa n~t e. ry, except warrants of the
boards, and shall do and ailb~ 'r him/herby this Charter,
or by ordinance, or which may be required of him/her by the Mayor and Common
Council. ,A3 lJn1ond8,; ll) ofoe~'l'Jfl ho:d Ilibi'tJlJ/} 4, 1959) (City Attorney Opinion No. 90-31)
City Assessor
(Gectiem 65 repealed by election /'Je.'d em the iebrtJary 6, 1973)
Treasurer
beIOng~~~ .~e :D:rtd4;~n~~~~~
under suc u~s ~"'K~1l 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/herby law and the Mayor and the Common Council. He/She shall not payout
any monies belonging to the City except on claims presented, allowed and
submitted in the manner provided by this Charter. (Scott v. .Common Council (1996) 44
Ca/.App.4th 684, 696)
(Oeelio" 7S rttpealed b)' e:ect,'em htJld ,r-ebrtJtJl)' 6, 1973)
(Oectio" 80 tttpealed by electiOl1 held Ntnernber 2, 1976)
(Gect,:oFl 81 repeB,'ed 0)" efect{ofl RaId ,"v~~'8mbe,- 2, 1976)
(eecHo" 82 r8f'ea:ed by e:eetiol'l he:d Ntwember 2, 1976)
(Oect,'ol! 8S rtJpea,'ed b)' e,'8ct,'ol'l /'Je,'d f\,'o~'ember 2, 1976)
(Cectiol! 86 r8f'ea:tJd by e,'8ctio" he:d November 2, 1976)
(Oactiol! 87 r8f'ealed by elect/o" held November 2, 197C)
Veto Power Of Mayor in Community Development Commission
[Rev April 5. 2004 (4:09pm)]
C -14
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 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 V
Judicial Dtpartment
City Manager
ins. The Mayor shall
on Council, a City
fficer of the City. The
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, 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 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;
[Rev AprilS. 2004 (4:09pm)]
C - 15
(c) To insure, 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 prepaFoDUbmit the aliudget and to keep the
Mayor and/or the May a ully advised as to the
finan.cial ~on~ition.an ee ~~ I ing the filing of annual
and mte"m fmanclal ; ):"C'a
(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
g~~'::~ntlu ./D~r reqcUi~ubytmhe Mayor ;:;:nor thefayor and
(h) - co I~, ment 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 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 the performance of their duties
and in their official conduct.
[Rev April 5, 2004 (4:09pm))
C-16
(iJ To confer regularly with the City Treasurer and to keep the
Treasurer informed of all financial matters and 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 perfo"fihe duties O!'l]nager and be vested
with all the powers 0 it in this Charter. The
Assistant City Manag s ~..,.:, h osition of Acting City
Manager, subject to ;oI.';U; 0 ove 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 nmpt to dictate, either directly or ind~' ectly, the
appointm t flED' Ii the City
Manager, ~n. r In i h Manager,
from exe JU e ployees
in the administrative service. Except for the purposes of inquiry and/or
advising of a complaint or complaints, the Common Council, its
members and employees shall deal with the administrative service
solely through the City Manager, and 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.
(ArtiC:e V repealed by e,'ectiol'llie,'ej ,r-ebil:t8/"j. C, 197;))
[Rev April 5, 2004 (4:09pm)]
C-17
Article VI
Ifealth Department
Reserved
(Amc.'e V,' fttpealed b;" erection "s,'d ,r-ebn:JBI)' 6, 197:1)
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 numbeoercentage herl~reqUired. The signatures
to the petition need not a e Ell ut each signer shall add
to his/her signature his/h pi esi ,vi the street and such other
identification as may be' en. 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/herextra help for that purpose, and he/she shall attach to
said petition his/hercertificate showing the results of said examination. If, by the
Clerk's c:oehe number of signatures on the petition is hown to be
insufficient, Db' .
certificate" rn by r: 0 e e shall have
an additi (1 y 0 them by
the Clerk, to obtain the required number of signatures. The Clerk shall, within
ten (10) days after such amel"ldmel"lt additional ten (10) day period to obtain
additional signatures, make like examination of tlge amel"lded said petition, and
if his/hercertificate 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 number to 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 after the
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,
[Rev April 5, 2004 (4:09pm)]
C - 18
(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.
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 ordinage City; and anfi'n nee proposed by petition,
or which shall be adopted aO a" be repealed or amended
except by a vote of the p Ie ~u an.
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 under this 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 under this Article in this Charter with the same
text and sll' tion designation.
Sec 1 e I. c d~~~ecallofthe
holder of a i 0 Icl..l..~ ..I...l;sor 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 tv..el'lty five fifteen percent (2515%) of the voters of the
City, or in the case of a City Cell:ll'lcilmal'l Council Memberelected 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/heroffice, 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
[Rev AprilS, 2004 (4:09pm)]
C - 19
the notice and statement referred to above, the officer sought to be recalled may
have the answer published at his/herexpense. 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
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 oftlie Government Code, adjudicated as such.
Seven (7) days aDUblication of tl ti e, statement and answer,
if it is to be published, the all tie' u and signed. The petition
shall bear a copy of the ice i i a e and answer, if any. If the
officer has not answered e Iti sh . atures shall be secured
and the petition filed within sixty ninety (6690) 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 rson whose name purports to be thereunto SUbSiib ed. Within
thirty (30) d s r at II' lB" ieiU II examine
and ascert w i io is g e i number of
qualified el 0 n i 0 ci I r Ip 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 may shall be amended
\v'ithil'l thirty (38) daiS from the date of 3!l:id certificate returned forthwith by the
Clerk to the fi/er(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
amendment additional thirty (30) day period to obtain additional signatures,
make like examination of the amel'lded said petition , and, if his/hercertificate 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 6ity 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. Any
[Rev AprilS, 2004 (4:09pm)]
c- 20
person SOtJgRt to be ~movGd ma) be a candidate to stlcGead hin.!8If and, unless
he fe~l;Iest3 otl=lerwvise, in nriting, the Cit) Clerl< 3Rall plaGe Ris nama on the official
ballot nitl=lotJt nominatioR.
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 the question of whether or not the incumbent should be recalled, the
candidate receiving the . umber of votes b declared elected. At Stlcl'l
,
.ote3, tThe incumbent sh oved from the office upon
qualification of his/her ho 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. If tl'le incw'I'Ibent
receives tMe Rigl=le!t ntJmber of votes M&~he sRall continue in office. The
successor of any officer so removed shall hold office during the unexpired term of
his/her predecessor. (A3lJIHlMdGd b) e,'BetiBl1l1a,'d v'l:JflG 8, 1976)
Article VIII
Revenue and Finance
secD
in dttIy-Jun e
Common ,
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. (Scott v. Common Council (1996) 44 Cal.App.4th
684, 696; City Attorney Opinion No. 92-10)
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.
[Rev April 5, 2004 (4:09pm)]
C - 21
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. (soeserved) oemffainst City. The text of
Section 135 of the current a i . c . any way by this Charter
and shall continue in full f e ~a t cle in this Charter with the
same text and same sec Ig;J[~;a.
(SectiM 136 repealed by e,'ection he,'eJ leb."l:Jt!1ry 4, 1909)
(SecHofi 137 ,.epealed by election held lebll:t8ry 4, 19(9)
(SectiM 1J8 ,.epealed b)' e,'ection held ,""ebrl:Jt!1/"j 4, 19(9)
Section 139. Valid Claims. No claim for commodities furnished, or service
performedgbe valid unless prior to furnishing such commodities, or the
rendition of e ~'c Ui!h' U_iB' e bl Common
Council, th ; art 0 r , having the
authority s r n' e ; anager or
. member 01 any depa ment, and no ity 0 Icer, s a ave power 0 create an
indebtedness against the City, or to furnish the basis of a claim without said
authority. (More v. City (1931) 118 Cal.App. 732, 735-737; Good v, City (1920) 49 Cal.App. 559,
560)
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,
(Sect/(:m 141 repealed by e,'ect,'ofi held lebltJary 6, 1973)
(Sectiofi 142 lepealed b)' elect/M helld lebltJary 6, 197;))
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.
(Sectiofi 144 repealed b)' e,'ectiofi held iebrl:Jt!1/"j' 6, 197;))
(Sect/em 145 ,.epealed by e,'ectiofi held leb,.U8ry 6, 197;))
[Rev April 5, 2004 (4:09pm)]
C - 22
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.
(GBCtil'" 147 tepea,'ed by e,'eet/em /'Ie,'d ,""'ebt/fflry- 6, 1973)
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 deSign' . , .
Section 149. (Se n ~ Qr n~he text of Section 149 of
Ih. ,"".nl Charte,;, n . <iIjj,:ci6 & Ih;, Chart" and ,hall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
(Section 150 repea,'ed by e,'ection /'Ie.'d iebwary 6, 197:1)
(Section 1S1 repealed by e,'8ctie)f'l /'Ie,'d ,""'ebttJaf'Y 6, 197:1)
(Sectiof! 152 repea,'ed b) electiem "eld ,""'ebftJary 6, 197:1)
l1o'~lr;'~'wt
<:ater em
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 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 Councilmen
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
[Rev AprilS, 2004 (4:09pm)]
C - 23
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. (As amended by election held
Apri/13, 1971) (City Attorney Opinion No. 94-3; City Attorney Opinion No. 93-8; City Attorney
Opinion No. 92-20; City Attorney Opinion No. 91-33)
Section 161. Oat
office, each member of
subscribe before some 0
office required of other
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
authori~~ T st mPgow:redGJ: I .liJa~ca 'I~ttrom water
bearin~ Ian a r .I~~I.:I.~~ ~,.Jp .. nd extend
the entire wa er syste of th Ity;
2. To employ such persons as the necessities of the water service may
require, to fix and payout 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
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. ,,13 8me"ded B) electia" I1e:d JI>/l1l4, 1974) (Livingstone v. MacGillivray
(1934) 1 Cal.2d 546, 552; Good v. City (1920) 49 Cal.App. 559, 562; City Attorney Opinion No. 94-3;
City Attorney Opinion No. 93-8)
[Rev April 5, 2004 (4:09pm)]
C-24
Section 164. (Section Reserved) Sale And Use Of Water. The text of
Section 164 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 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. (sgeserved) Mapilr System And Service.
The text of Section 166 of e c i g changed in any way by
this Charter and shall co nu ~ob~ ff t under this Article in this
Charter with the same te a'~s~D n n.
Section 167. (Section Reserved) Financial Condition Of Water
Department, Etc. The text of Section 167 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 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, er required so to dO,certify such proceed ingsfder his/her
hand, the set e e' t.~ma~n flrovided by
said Board th p (Itya i ~
Section 169. (Section Reserved) Meetings. The text of Section 169 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 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. (City Attorney Opinion No. 94-3)
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
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: (;oFltl'Ol aFla m81'\aflemeFlt of tRe M8~or ana
Common COl:Jncil .. 1'10 the general supervision of the Mayor. The City Manager
[Rev April 5. 2004 (4:09pm)]
C - 25
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 nnCT 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 and
enforee penalties for viol' ereof; subject tI[i iI service provisions of this
Charter.
OCCOND: r shall determine any
and all complaints of misconduct, inefficiency or violation of rules or other charges
against MY offieer, lTIember or elTlployee the chiefs of said departments, and to
shal/take such action thereon as shall be most conducive to the maintenance and
discipline and efficiency of such departments, stlbject to the civil3er.iee provision3
of tRig Charter, in all inv83tigation3, Of trial! Goneh:ltteeJ by them, they snalll=lav8
pO'"wer to i331:1e !tJ5poeFl83 for the atteFlelanee of w'iitn833G3, ana the proeJtlttioFl of
f)8per3 ana eloetlmenta before .1=16", ..hieh 3tJl5pOGFl83 3198.11 be aigFl8eJ by tl=le
~
prescribed b) laY. for like off8n383 in 3tJperior eourt3. The Major, or 8Ft; ffiGrnbe:r
of tne Cotlneil, lTIay aeJlTlini3ter 08tn3, or 6ffirlTlation3, in tne eondtlet of stleh
_ inve3ti~ation3. 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.
TlllnD. To maintain a fire alarlTl and fjoliee tele~l'8ph, or telcpnone, andlTlana~e,
or control the same, and to appoint tl1e 3t1perinteFleJGnt thereof in like ".!trlFler 83
otnu employees of tne poliee and fire depal'llTlents.
(AJ l11Jl~l1ded b} Jpec;tJJ e,'6c,tio,l ,'le,'d 1\;l}~~,nhc!l 4, 1824) (City Attorney Opinion No. 91-2; City
Attorney Opinion No. 90-25)
Section 181. Police Department - Membership. The Police Department
shall consist of a Chief of Police, and stteh as many ranking officers, police
officers and other policelTlen employees as the Mayor and Common Council
may from time to time determine. fAB Il/llllllaaa b} e:aa~'1l11 held .\'Il.tJlI'lber 3, 1942) (City
Attorney Opinion No. 95-2; City Attorney Opinion No. 91-2; City Attorney Opinion No. 89-11)
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
[Rev AprilS. 2004 (4:09pm)]
C - 26
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. gtJilty of violations of the
same. He/she shall also have charge of the City jail prison, 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. IY ttomey Opinion No. 91-2; City
Attomey Opinion No. 90-25) .... '=' '
Section 183. Fire .. - ,... i e Fire Department shall
consist of a Chief Cngineer Chief of the Fire Department and as many
assistants, elrivers, hosemen anel ranking officers, firefighters and other
employees as the Mayor and Council may determine. (City AttomeyOpinion No. 91-21)
Section 184. Supervision of Mayor and Cotln~i1 City Manager Over
Funds, Moneys Etc. Gaiel M~or Mel COI'I'II'I'IOI'l CotJneil 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. (City Attomey Opinion No. 91-2)
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. (City Attomey
Opinion No. 90-25)
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 pOn'81'S al'lel
GOl'llrol the responsibility over these departments vested in them by this Charter
[Rev April 5, 2004 (4:09pm)]
C - 27
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," "d" and
"e" are: "a" designating the first six months of service in the respective
departments, "b" desig , he following eiftn months of service in the
respective departments," de 'Uir service in the respective
departments, "d" desig ng 0 of ervice in the respective
departments, and "e" de n g fi s quent 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
entitled to receive for his/herservices in his/herposition 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 ,. tions having the most nearly equal duties and ris onsibilities.
Local Safe e er th r . rteo any local
policeman lic.c f " a d in under the
provIsions u r s s 'fied in the
California Government Code or amendments thereto.
Class of Position
Classification
Number
Title
Fire Department
Title
Police Department
P1 (Steps a,b,c,d,e)
riremel'l , Battalion Chief Aide
Firefighter
ratrolm81"'t, rolieenEHfl81"1
Police Officer
P2 (Steps a,b,c,d,e)
Fire Prevention Inspectors
Juvenile Officer, Detective,
Senior Identification Inspector
P3 (Steps a,b,c,d,e)
P4
Engineers
Sergeants
Captains, Assistant Fire
Prevention Engineer
Lieutenants
P5
Battalion Chiefs, Drill
Master, Fire Prevention
Engineer
Captains, Superintendent
of Records and
Identification
P6
Assistant Chief
Assistant Chief
P7
Chief
Chief
IRev AprilS, 2004 (4:09pm)]
C - 28
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 Ilabove salary PI'ii:
(a) Police Depart to e s ned to traffic enforcement
duties on a motorcycle II rwite r 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.
(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) consu. ~orking days or five consecutive.shifts. shall reCii e the same
salary for h eUk~Bmred Bd re he/she
promoted that d' t r c i cting in the
higher ran h hit s n 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 cu rrent
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.
[Rev April 5, 2004 (4:09pm)]
C - 29
rounTII: '.\'orl< \\'eek
(flepea,'ed by eJect,:BfJ "8,'d JIJfI8 8, 19lC)
r1rTll
(n~eBled by elect,'M held v'tmB 8, 1976)
SIXTH: Definitions
The words and terms defined in this subsection shall have the following
meanings in this section:
(a) "Shift" meansB- Idu 10 thetlpartment. except for the
positions of Chief, Assist C. a a mbers working in the Fire
Prevention Bureau, and h oc sons as may hereafter be
granted a forty (40) hour average wor we resolu n of the Common Council
upon the recommendation of the City Manager.
(AJ amcndBd b) B,'tU;tiMJ l'iBfd ,1",ff 12, 1955, ,r-8br[)lJJ} 5, 197JJ .}I;JfU; B, 1976, :..1~ 5, 1981, BRB
!.Ia. ch S, 1985) (San Bernardino Fire & Protective League v. City (1962) 199 Caf.App.2d 401, 404-
419; City Attorney Opinion No. 97-1; City Attorney Opinion No. 95-2; City Attorney Opinion No. 93-
16; City Attorney Opinion No. 93-13; City Attorney Opinion No. 93-4; City Attorney Opinion No. 92-
16; City Attorney Opinion No. 92-2; City Attorney Opinion No. 91-32; City Attorney Opinion No. 91-
23; City Attorney Opinion No. 91-3; City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-17;
City Attorney Opinion No. 90-11; City Attorney Opinion No. 89-21; City Attorney Opinion No. 88-11)
n. Article ..~icle Reserveh 1
See 90. (lCseyml;R .0 1900fth,
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
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 cu rrent 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
[Rev April 5, 2004 (4:09pm)]
C - 30
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 'ng changed infta by this Charter and shall
continue in full force and ct . 'n'l . harter with the same text
and same section design n. a
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 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
corftinue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 208. (Section Reserved) Donations - Bequests. The text of
Section 208 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 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 21 0 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
[Rev AprilS, 2004 (4:09pm)]
C - 31
~=--,-;
211 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 212. (Section Reserved) Reports. The text of Section 212 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-A
Pl1ecreation co[~'s ion
Section 213. (Se n e ) b s erm of Office. The text of
Section 213 of the curre riea g . 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 214. Appointment. Each COtlneilmafl Council Member shall
appoint one commissioner whose term shall coincide with that of the appointing
cotJRcilmaR Council Memberand 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 oD69. Thereafter, each Mayor and each . Council
Member,u a U'OffE9J1 . e r issionfor
a four (4) y r t n. a c c rr y filled in the
same ma n
1969j-(City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-18)
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
time by the affirmative vote of five (5) e;otJFleilmeR Council Members, and upon
any such removal the vacancy shall be filled as aforesaid for the unexpired term.
(A3 a,l1Gfld~d b) l,~ct:Oft "t,'d ,r-"tb,tUJ'T 4, 1969) (City Attorney Opinion No. 91.33)
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
[Rev AprilS. 2004 (4:09pml]
C - 32
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.
(Sect;ofl 218 affleflded by electiofl held ,r-ebrtJary 4, 1969, afld
iYtpealed by e,'ectiofl held ,\'ovembef 2, 1976.)
Section 219. (S
219 of the current Chart
shall continue in full force
text and same section de
eserved) APpe"unCil. The text of Section
n . cft way by this Charter and
e t e Ie this Charter with the same
n n.
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 under this Article in this Charter with the same text
and same section designation.
Sec
occurs in t
San Berna
General Suoervision: 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 personldepartmenVpublic institution being supervised, and
take notice of the fidelity and exactitude or want thereof, with which the
personldepartmenVpublic institution being supervised executes his/herlits
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
personldepartmenVpublic Institution in default proceeded against according
to law.
Immediate Suoervisor: 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.
[Rev April 5, 2004 (4:09pm)]
C - 33
Manaaer-Directed DeDartments of the Citv: 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.
ComDonent 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, remove from a position, promote to a
position or demote to a position, any person applying for or occupying a
salaried position unde . government ~
Civil Service Ad ice Chief Examiner and
those employees who . n.
Civil Service Svstem: 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 t51 ovember 5,2002 an d any 0 ther amendmentfhat may be
adop'tedp to. Ot' 1l!I'fti ction244,
herem. ~ ..
This Charter: This document and its full text.
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
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
(SectifJfI 224 i'ftf'ea:ed by special e:ect!em "e,'d April 11, 1921.)
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
[Rev AprilS, 2004 (4:09pm)]
C - 34
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.
(A.J BffWfldcd b) a,'tu:ficrI lu;,'d !\'e~e",be.- 5,2001.)
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 Charter with the same
text and same section d tion. i
Section 227. (Se n ~a O~The text of Section 227
of the current Charter is b n y this Charter and shall
continue in full force and e ect un er t is rtlC e In this harter with the same text
and same section designation.
(SectiaI'l228 repea,'ed by e,'ectit:m held ,relHtfflty 6, 1973)
Section 229. Deposit of Money. It shall be the duty of every City officer,
upon receiving into his/herhands money belonging to the Municipality, to forthwith
deposit the same with the City Treasurer, except where otherwise provided by this
Charter. Il .
Sec 2 r Iii v ff rofthe City
,h.II hold , ,oc,umeBttil h;.....
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. (As
amended by special election held November 4, 1924. )
(Section 2:J1 i'epea:ed b)' e,'ectial'l held ,rebitJ81"j G, 197:J)
(Section 2:J2 repea,'ed by electiM held iebf'tJaty G, 197:J)
(Section 23:J repe8:ed by e/ectial'l he:d March 6, 1979)
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 any way by this Charter
[Rev AprilS, 2004 (4:09pm)]
C - 35
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
(Gactiem 2;)6 :epa8/ad by a/ectiol'l held ieb,I:J8ry 4, 19(9)
(Scetiefl 237 fopeB/ed by e/eetieR held ,rcIJ,tlBry 4, 1969)
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 t same section de' ation.
Section 240. (Sec Ion eserved) g or D aging 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 s xt and :a~e secg,;o" d~'m~":tI~" '~D.4roYees and
~tr .~~a~~
in any way y is Cha er an sha con Inue In ull orce an effect under this
Article in this Charter with the same text and same section designation.
(Sectiol'l 24;) i-epe8/ed by election held ,''6~'efflber 5, 1974)
Section 243. Nepotism. Neither the 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 anyone 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 prior to the
existence of a situation contemplated by this provision; however, those
persons with appointive powers and/or supervisorial powers in such a
[Rev April 5,2004 (4:09pm)]
C - 36
situation shall disqualify themselves from all decisions affecting the
employment and promotional status of such person.
Section 244" When Charter Takes Effect. T"is C"arter 3"all take effect
from and after itg 6:1'1' "". al by the L&gi!laltlre of the Gtate of California. This
Charter shall take effect on the day of the swearing in of the Mayor for the
2006 to 2010 term of office for Mayor, but notwithstanding the foregoing, this
Charter shall take effect no later than April 3, 2006.
Section 245. Notwithstanding the effective date of this Charter
provided in Section 24 . , the prOViSiOllctions 120, .122 and this
Section (245) shall take e II "led by the Secretary of
State as amendments t he r. n u equently, Sections 120,
122 and 245 herein, sh In"n ffect 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.
Se 7. Civil Service to Organize and APPol"n Secretary.
~~~t~~~a~~ ~~ . t~_eI~iB IIga~n~~~ntb~
Chief Exa 0 'E:;'EE~~ oard may
appoint such subordinates as the City Council may, by ordinance, prescribe. ~
added b} 3flee:a: Illeefi;3/l held N(J~ efflbll. 4, 1924.) (City Attorney Opinion No. 95-12; City Attorney
Opinion No 91-8; City Attorney Opinion No. 88-9.)
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;
(d) (e) The heads of departments, and the heads of divisions of
departments and members of all appointive boards;
(e) (f) One secretary for each department and one secretary for
the City Manager.
[Rev AprilS. 2004 (4:09pm)]
C - 37
(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 un competitive class shall consist of all positions requiring
peculiar and exceptional qualifications of a scientific,
ma . professional or tional character, or may be
dete u f d.
(c) The I I d ary unskilled labor.
( ttorney Opinion No. 97-1; City
Attorney Opinion No. 93-7; City Attorney Opinion o. 1-18; City Attorney Opinion No. 91-4; City
Attorney Opinion No. 89-15; City Attorney.opinion No. 88-19)
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 Charter with the same
text and same section designation.
soeD (Socl;oo Roc,,,..d) Codes of Rules..... Regul.tio". Th.
text of Sect 2 o. ft. he current Charte r is not bein.g chan.ld inaf way by this
Charter an all )#~. . fUn me te t the same
text and sa s ~ 0
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. (A.3 addtJd b) .3fJBB;al lJ{twtifJn /leld
N()tt{"llb~, 4, 13E4l1J1d 11,llc!.Jded by c!,'6cti(Jft llc!r'd ,\'o~c!,Jlb~, 5, 1374') (City Attorney Opinion No.
96-13; City Attorney Opinion No. 95-8; City Attorney Opinion No. 93-8; City Attorney Opinion No.
93-7; City Attorney Opinion 93-4; City Attorney Opinion No. 91-8; City Attorney Opinion No. 90-29;
[Rev April 5. 2004 (4:09pm))
C - 38
City Attorney Opinion No. 90-12)
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 ivil Service Board. All c rges shall be heard and trials
had under such rules as '1 Service may ibe. PROVIDED, that the
provisions of this section i t ordinate to the provisions
of Section 256. (City Attorney Opinion
No. 97-1; City Attorney Opini -9; tto . 6-5; City Attorney Opinion No.
95-11; City Attorney Opinion No. 95-10; City Attorney Opinion No. 94-7; City Attorney Opinion No.
94-5.; City Attorney Opinion No. 93-8; City Attorney Opinion No. 93-7; City Attorney Opinion No. 92-
1; City Attorney Opinion No. 91-14; City Attorney Opinion No. 91-8; City Attorney Opinion No. 91-4;
City Attorney Opinion No. 90-32; City Attorney Opinion No. 90-12; City Attorney Opinion No. 88-9)
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
from a department by the City Manager or by the Head of the Department, or by
any othergized supervisor, may appeal from the decision of such officer
to the Civil ic u. aeDmn~D't;andPlace
by which s a I . t d all be final;
PROVIDE ~ I n r ti bject and
subordinate to the provisions of ection 256. (>'1" added ~' 3peei-a1 e:eetion held
f;'B,efflbe,4, 1324) (Livingstone v. MacGillivray (1934) 1 Cal.2d 546,552,553-554; City Attorney
Opinion No. 96-9; City Attorney Opinion No. 95-10; City Attorney Opinion No. 92-27; City Attorney
Opinion No. 92-1; City Attorney Opinion No. 91-14; City Attorney Opinion No. 91-8; City Attorney
Opinion No. 88-9.)
Section 256. Power of Mayor to Dismiss.
A. The City Manager, Acting City Manager, Chief of Police, Chief
of the Fire Department and Aany appointive officer or emplOyee
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, 8fltI
excej:Jt eJeptlties, assistants, clerks, employees, and attaches holding
office at tRe plea3t1re of !lI'l el~ctive officer, may summarily be
dismissed for the good of the service by the Mayor, with the consent
of two-thirds (2/3) of the 6ity 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,
[Rev April 5, 2004 (4:09pm)]
C - 39
, ~
employees, and attaches holding office at the pleasure of an
elective officer, may summarily be dismissed for the good of
the service by the City Manager with the consent of the Mayor
and Common Council. t,I\J addc.d b) .JfJc.c.;a,' e,'ec.HeJM "eJd ,"''o~8,"b~1 4,
~(LiVingstone v. MacGillivray (1934) 1 Cal.2d 546,553) (City Attorney Opinion
No. 93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 92-8; City
Attorney Opinion No. 92-1; City Attorney Opinion No. 91-33; City Attorney Opinion
No. 91-4; City Attorney Opinion No. 88-20; City Attorney Opinion No. 88-19; City
Attorney Opinion No. 88-13; City Attorney Opinion No. 88-10)
Section 257. (Section Reserved) Position in Classified Service. The text
of Section 257 of the cBuarter is not bf1 ranged in any way by this
Charter and shall continu fu 'rft his Article in this Charter
with the same text and s s i1deuo
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 tl esignation.
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 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~p'eBled except that the text in those articles,
sections;'1:lItegOrfes;-and subparagraphs which have been reserved by this
Charter are not repealed nor otherwise amended and shall continue in full
force and effet:t iHtnls Charter in their same text and same designations.
[Rev AprilS. 2004 (4:09pm)]
C-40
~ CI:ry OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
Subject:
Charter Changes
Dept: City Attorney
Date: April 5, 2004
Synopsis of Previous Council action:
August 4, 2000
Resolution placing New City Charter on the ballot making City Attorney and City Treasurer
appointed positions and other changes.
July 9, 2001
Resolution placing Charter amendment on the ballot permitting City officials to serve on
Federal and State Commissions and Committees.
July 26, 2001
Resolution placing Charter amendment on the ballot permitting Mayor and Council to hire
attorneys upon the recommendation, and with the written consent of the City Attorney.
July 15, 2002
July 15, 2002
Resolution placing Charter amendment on the ballot raising the salary ofthe City Council.
Resolution placing Charter amendment on the ballot raising the salary ofthe Mayor.
Recommended motion:
No Action recommended
-t-
t.p~
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report and City Attornev draft of new Charter Ward: All
FUNDING REQUIREMENTS:
Amount: -0-
Source: (Acct. No.)
~ ~ jc~~.::De:c~tiOn)
Entered into Record" f Jo.( I!'> / IJ ""' Finance:
CouncllICmyOevCms MIg: I'
~,.-
Council Notes: ~ ~. ~~
by _ _ /J Py _L').
re Agenda Item ]...1 ~'1f
75.0262
-'
~h~
City ClerklCOC Secy
Citv .,t.San Bernardino
Agenda Item No. ~ 1
'1/T/di
STAFF REPORT
Council Meeting Date:
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
April 5, 2004
Item #27
In November of2000 the voters defeated a proposed new City Charter that would have made
several changes to City government, the most significant of which would have been the City
Attorney and City Treasurer becoming appointed instead of elected positions. In that election 67.9%
of the voters cast "no" votes and 32.1 % cast "yes" votes.
Later that month, the mayor informed the City Attorney that she was "turning future Charter
amendment recommendations over to . . ." the City Attorney.
Pursuant to the Mayor's assignment, the City Attorney's office has proposed four Charter
amendments over the past 3 Y, years, three of which have been enacted by the voters and one of
which was defeated by the voters.
Today, the Office of the City Attorney is presenting a new Charter for the City Council and
the public to study. The primary change in this proposed Charter is that, if enacted by the voters, the
City's form of government would be changed from a Mayor/Council form to a
Mayor/Council/Manager form.
Because numerous sections in the text of the 1905 Charter have to be amended to enact a
Mayor/Council/Manager form of government, it is necessary to present the proposal to the voters as
a new Charter. Otherwise, as many as eighteen (18) separate Charter amendments might have to be
voted on to accomplish the proposed conversion of the form of our City government.
Since it was necessary to make so many changes throughout the old Charter to alter the form
of government, the City Attorney's office has availed itself of the opportunity to review the entire
text in order to update several other sections as needed. Most of the changes are non-substantive but
we have also addressed the issues of the recall (!i122) and initiative (!i 121), the County Registrar of
V oters conduct of City elections (!i II ), clarified the Mayor pro tempore's duty to preside during the
temporary absence ofa Mayor (!i36), the Mayor pro tempore's authority to dismiss certain officers
(!i40s), and the replacement of the Mayor in the event the office becomes vacant (!is I). We have
also added a section prohibiting nepotism in City government (!i243).
Among the non-substantive proposed changes are editing the Charter text to make it gender-
neutral, and addressing the (Military) Leave of Absence (!i 16), the Police and Sanitary Regulations
(!i40b), the Houses of III Fame (!i40i), the City Prison (!i400), the Duties of the Police Chief (!i 182)
and Fire Chief (!i 183), in order to bring such provisions into conformity with current State law.
We have also included a new section (9221) defining certain words used in the proposed
Charter.
In response to the request of some members of the Council, it is the intent of the City
Attorney's office to bring the proposed charter, after receiving comments on the draft presented to
the City Council and to the public today, back to the Mayor and Common Council for its action to
place this proposed Charter on the ballot for the November 2004 election.
It was our intent to have two attorneys, on their own time, review the legal language and
compare that language to the minutes of previous Charter Revision Committees, and to previous
Charter proposals, prior to submitting the attached document to the Mayor and Common Council.
However, the interest in the identities of these two individuals, and the need to enable them not to
have interruptions during their normal work schedules and of their office routines, led this office to
the decision to forego the assistance of these lawyers.
Consequently, as with the previous proposed Charter amendments, the attached proposal is
solely the work-product ofthe City Attorney's office.
WARD SYSTEM
Research on alternatives to the present City Ward system continues. The National City
Attorney's Association (IMLA) and the League of California Cities have given us the names of
lawyers throughout the United States and in California, who are considered experts in the area of the
Voting Rights Act (VRA). We are in the process of contacting these individuals and firms to seek
their legal advice on this issue.
Later this month we will meet with one attorney who specializes in VRA litigation, during
the semi-annual City Attorney's Conference in Washington, D.C.
It is unlikely that we will have a proposal ready to submit to the Mayor and Common Council
in time for the November 2004 election.
In addition, we would like to have the opportunity to discuss this issue further with members
of the community prior to submitting a recommendation to the Mayor and Common Council.
Respectfully submitted,
.f~
MES F. PENMAN,
ity Attorney
SECTIONS ADDED OR CHANGED
IN PROPOSED CHARTER
PREAMBLE
ART. II: Sections 10-A, 11, 12, 14-A, 15, 16,20,21, and 24-A.
ART. III: Sections 30, 31, 34, 36, 37, 39, 40(b), (d), (e), (i), (n),
(0), (r), (s), (v), (y), and (z).
ART. IV: Sections 50, 51, 52, 55(b), (c) and (e), 60, and 70.
ART. V: Sections 100, 101, 102, 103, 104, and 105.
ART. VII: Sections 120, and 122.
ART. VIII: Sections 130, and 139.
ART. IX: Sections 160, 161, 163, 168, and 170.
ART. X: Sections 180, 181, 182, 183, 184, 185, and 186 (FIRST,
THIRD, and SIXTH Categories).
ART. XII-A: Sections 214, 215, and 217(a) and (b).
ART. XIII: Sections 221, 225, 229, 230, 243, 244, 245, 247, 248, 253,
254, 255, 256, and 262.
.
,
CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
(Af'l3re..ea at 81"1 aleetial"\ "BleleR daRt:l8F', G, 1385)
1"81t1e1iRg it3 8fflBR6R.e"t3 6) al'~ei81 elaetio"3 "'alel Deeemb~f 28.1388, ^l'fil18, 1313,
Mare" 18, 1319, Mare" 15, 1321, Al5rill1, 1321, U~h6rf1l5er 7, 132.2, ~J6yembar 4,1324, April
10,1325, April at 1335, Maren 15, 1937, Mareh 28,1339, M8) 16, 1944, rJe"eMlber 7,1344,
Mal"GR 13, 13.5, April 1', 1343, Mare" .e8, 1951, Al3fill.2, 1355, dtU'u: $,1356, Mare" 13, 13S7,
dl::JRe 3, 1358, Mare" 17, 1353. Maren 21, 1361, rebfl:J8fY S, 1363, rabfl:J8F, 2, 131:;5, dt:lRe -:,
. .
BFleI PJ6\ember S, 2882.
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 meetthe needs
of the people effectively and efficiently; to provide for accountability and
ethics In De""oe; and to ensu.. quallly of opportunlly fa< eve<y
...ldeaL Osu.aen t
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
[Rev April 5. 2004 (1:13pm)]
C - 1
.
,
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 a judicial, 3c19oo1 or
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 offic ed shall hold o' u til his or her successor is
elected and qualifies.
"Bid .}tJnB 2, 1992) (City Attorn Opi
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.
All e vi s~Bm't ti!n 'n_lelections
consolids wi c c f e srdlno, snd
sl/ City ele h s ten I e County
of Ssn Bernsrdlno shs I fof ow the ounty s process for t e con uct of such
elections snd the csnvsss 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 Reglstrsr of Voters of
the County of Ssn Bernsrdino as being official. (,13 Bffl8t1dedb) BIBB~'1l1l h{):d ;6", tJBI'}
S, 1963) (City Attorney Opinion No. 96-3)
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/herhand and official
seal shall issue a certificate thereof to the person elected or appointed by
delivering it to him/herpersonally, 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
[Rev April 5. 2004 (1: 13pm)]
C - 2
,
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 anyway by this Charter and shall
continue in full force andflnder thiSafrtiCle . liS Charter with the same text
and same section design n. r
Section 14-A. Va c;A.,nl c onthe Common Council,
from whatever cause arising, shall be filled for the unexpired term thereof through
the election of a successor Ootllleilmall Council Member by the qualified electors
of the ward in which the vacancy has occurred. Such Cotll'lcilmall 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 U' and shall be conducted in the manner provided f by general
law; provid ha e or . h ordinance
to provide f he e I nut i shall prevail
over the g . .
hB.'d IB/J11:Jtl1) E, 1971, and .'.t/l,1l1l 6, 1978) (City Attorney Opinion No. 96-3)
Section 14-8. (Section Reserved) Consolidated General Election. The
text of Section 14-8 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 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/herofficial duties, or is removed from office, or
ceases, in the case of a eetlllcilmall Council Member to be a resident of his/her
ward, 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. 1,13 amtJndBd B; eitJBt;t)l1 "eid !l:lMJm/JtJ, E,
~(City Attorney Opinion No. 96-3)
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 vvitt1etlt pay during such
service in accordance with applicable State and Federal laws, and for a period
[Rev AprilS, 2004 (1:13pm)]
C - 3
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 they
are riot physically or m8nt811~ iF\capacit8.teel from performing the eh:ltie3 of 3aiel
effiee er l5e3itiel'l. 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 hislher 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.
That 811 All persofJ'nted to fill such
emergency shall be temp ry ra
3,I~J
Bonds and a aries
ns during war or national
Section 20. Approval of Bonds. Officers of the City, before entering upon
the discharge of their official duties, al'ld'"ithil'l twel'lty (20) days after I'I6tiee ef their
electiel'l er 615l5oiFltfT'lel'lt, 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 approvBauth orized designee of the Mayor and commOiounCil and
filed with th i eundd Balee' II ok entitled
"Official Bo" p a ,c t h i lerk, which
shall be fil . t s e r T I 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/herterm 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.
(SeCN(jM 22 i'epealed b)' e/ect.'(jM held (jM March G, 1979)
[Rev April 5. 2004 (1:13pm)]
C-4
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 24-8. (Section Reserve alary of City Clerk. The text of
Section 24-8 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.
(Gect,'of'l24 C /'8PeB!ed by electieJ/'l held 01'1 Ap,-ji 12, 1955.)
Council Members shall
00.00), payable monthly.
orney Opinion No. 96-3)
Section 24-A. Sa
each receive an annual s
(Sectiof/24 0 i'ttpeB,'ed by elect,'{", held 01'1 reb,'tUlry C, 197:1)
B6eftlBeat
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 cOtlncilmel'l CouncilMembers.
(AJ affllJnfled B) ellJllti"ll hlJ:d Illl u'tme 7, 1(66) (Scott v. Common Council (1996) 44 Cal.AppAth
684,696, ftnt. 8; City Attorney Opinion No. 92-10; City Attorney Opinion No. 91-33)
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 member3 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
[Rev AprilS. 2004 (1:13pm)]
C - 5
the day of introduction and may take effect upon adoption; provided, however, that
this section is not intended, nor shall it be deemed to affectthe 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. Incase of orders, the approval of the Mayor shall be presumed unless
at the same meeting atgthe order is palihe Mayor causes his/her
disapproval, with his/her as III d upon the minutes. All
resolutions and ordinanc aft sse mitted to the Mayor who
shall, within five (5) days e e e same, endorse his/her
approval or disapproval thereon, giving the reasons for his/herdisapproval. Each
ordinance or resolution to be valid must be passed by a vote of not less than four
(4) c6tJI"leilmel'l Council Members and approval by the Mayor, provided that ifthe
Mayor fails to approve the same it may be passed by a vote of not less than five
(5) CetJl'leilmel'l Council Members, and shall take effect as if approved by the
Mayor. ('\'!llln1fJndBd 8} lllfll!tial1 /'tllld ~'t>IlB 7, 1966) (Castaneda v. Holcomb (1981) 114
Cal.App.3d 939,941-946; City Attorney Opinion No. 96-10; City Attorney Opinion No. 96-7; City
Attorney Opinion No. 88-13; City Attorney Opinion No. 88-7)
Sec (Se tionf:seDed omdi an es~na.tin C1;'e. The text
of Section of u r I I n way by this
Charter an a n ull f n t t . s rt t is Charter
with the same ext an ame ecti eSlgna Ion.
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 fifty dollars
($50.00) 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 "referred
presented and be heard in on his/herown 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
[Rev AprilS. 2004 (1:13pm)]
C - 6
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 P uties. The MaYlia I preside at all meetings of
the Common Council, but all eHi 0 he absence of the Mayor
from any Council meeti ,th I choose one of their own
number to preside over et he 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.
In case of .acam:y, or if by rea30n of temporary absence from the City, or
sickness, or from due to any other cause, the Mayor is temporarily unable to
perform the d'uties of his/heroffice, the Common Council shall appoint one of their
own number Mayor pro-tempore who shall have all powers and authority which the
Mayor wo possessed if personally present and a !lEnding to uch duties,
but such M r -t or amE . Council
Member. A o. - ~. n o. - City Attorney
Opinion No. O' y . . - i. ~
Section 37. Council Committees. Notwithstanding any other
provision(s) ofthis Charter, the Common Council may create such standing
and ad hoc committees as it deems appropriate, to be composed entirely of
COlJncil Members and said committee members shall be appointed by the
Common Council.
(Gectio" J8 ~~~s "ot 8f'Pto~ed at electiof! ht!J,'d .}tJflt!J 2, 1992)
Section 39. Power to Override Mayor. Any Gxeeuti'ie order, directive
and/or decision of the Mayor made either formally or informally may be
overridden, amended, revised or withdrawn by two-thirds (213) vote of the Common
Council. (,'ddBd it) lJ:lJcti8f1 hlJ:d u'1:J.1/lE, 1992) (City Attorney Opinion No. 96-10)
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
[Rev April 5, 2004 (1:13pm)]
C -7
shall continue in full force and effect under this Article in this Charter with 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~
although the offense constittlting the misdemeanor be also a violation of the "enal
Ian! of the etate.
(c) (Section Rese
Charter is not being chan
force and effect under t
section designation.
(d) License 'fax Fee. Council shall have power to license for purposes of
regtllation and 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
tax fee thereon.
(e) Taxes. Council shall have power to levy and collect taxes subject to
State law.
JI,&D:""I~~i~O(f) of the
currentCh 0 1u.;"b"~.&Id1:lIcontinue
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
. 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. indecent and immol'8l amtlS6ments and exhibitions
(j ) (Section Reserved) Storage. The text of Section 40(j) 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.
[Rev AprilS, 2004 (1:13pm)]
C-8
(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.
(I) (Section Reserved) Hospitals, etc. The text of Section 40(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.
(m) (Section Refiemeteries. TRX of Section 40(m) of the
current Charter is not bein ha rpgy . harter and shall continue
in full force and effect u r tie is h r with the same text and
same section designatio
(n) rotJnd Animal Shelter. Council shall have power to establish and
regulate a public pound animal shelter.
(0) City rrison JaiVHolding Area; Use of Inmates. Council shall have
power to provide a City prison jaiVholding area and reqtJire tRe prisoners
undergoing sentence for misdemeanor to provide for the utilization of the
services of any person(s) sentenced by the court to perform such l8bor
comm~~i~:O~tlres~ribm ~,:a\;D)~he current
Charter is aU~ .JtI~~tIi &;inue 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 50(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.
(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, incafceflltion
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 and remove sue" poliflemen 8nd otRer stJDordin8tes, such appointed
officers and employees, 8S tRey may deem I'rol'er, and to fix their qualifications,
duties and compensations 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
[Rev April 5. 2004 (1:13pm)]
C-9
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 101(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 Cit er, Chiit1.e f of .I;oa or Chief of the Fire
Department unless, an "re, acting as the Mayor
shall have been acting for" not less than sixty (60)
consecutive days prio c. 0 e, 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
precedingsentenceo
(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)Dcti BeO' meuOi;(U) of the
~urrent Ch r i ei a~g i n b . r d all continue
In full fore e . e text and
same section designation.
(v) Construction 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 tele~raph 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 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.
(y) Dog Tax Animal Licensing Fee. Council shall have power to impose
and collect an annual license ~ fee on eye~ dog any canine owned or harbored
within the limits of the City.
[Rev April 5. 2004 (1:13pm)]
C -10
(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.
fA,] lJmGffded b; e.'.cc~'Bfl3 Me,'d ,"'eb,1:JlJf) S, 1973, ."B"Gmbe, 7, 1989, 8Md A.'fJ~cfflb{;, 7. 1995) (In
Re Pedrosian (1932) 124 Cal.App. 692, 695 regarding (c) and (z) above; City Attorney Opinion No.
93-19; City Attorney Opinion No. 92-26; City Attorney Opinion No. 92-10; City Attorney Opinion No.
91-33; City Attorney Opinion U' City Attorney op.ft. 91-2; City Attorney Opinion No.
90-21;CityAttorneyOpinionN 9-1!ftd: -15; City Attorney Opinion No.
89-11; City Attorney Opinion 8- "InOUi n 88-10)
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 CharteJ and shall continue in full force and effect under
this Article in this Charter with the same text and same section designation.
(Sectiofl 42 repealed by electiofl Meld March 6, 1979)
(Sectiofl 45 ,'epealed by e,'ectiofl Meld March 6, 1979)
D
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 for the office.
The Mayor 31=1811 t8tJ3a tRe 3trict enforcement of allla:"'8 and OrdiFl8F1C83 v,ithin
Rialherjl:uisdietion, 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. +he
Mayor SR611 cal:Jse all tRe books arul records of said departments, boards, officers
and persons to be kept in legal and f,lfol'er form. 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 information in writing
relative to the state of the City's municipal affairs and business, and shall
[Rev April 5, 2004 (1:13pm)]
C-lI
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; a"'all eatlse t"'em to be "'oneatly, ecol'I"mieally arle!la.vftllly
cOfle!tlctee!; al'le! The Mayor shall take all proper measures for the preservation of
public order and supprelj' f all riots and tUfi(A" llme,lde,; ~ e:e.:;tithl ,~e.'d
,'>:B.tJI'f'I"O, 2, 1975.) (CityAtto O' ~.. ity pinion No. 96-1; City Attorney
Opinion No. 95-2; City Attorne ini ne pinion No. 91-33; City Attorney
Opinion No. 88-13; City Attorn pi 12; It ey inion No. 88-10)
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 of
whether they 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 shallfill all vacancies in an elective office not
otherwise rovided for in this Charter; provided that in no case where a vacancy
has occurr n ap ointment been made to an elective office, I sll the officer
hold beyon e RID.D Ion shall be
held for tha ic to fiI. i n cancy in the
office of M ,e v cy II i a majority
vote, and the appointee shall be a person meeting all of the requirements for the
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 orvetos. (I",.) amended b) :Jf'cr;;a,' ,,~cti6fJ ha,'ll em ...,f.tJRt 3, 19S8j (City
Attorney Opinion No. 96-10; City Attorney Opinion 93-19; City Attorney Opinion No. 92-18; City
Attorney Opinion No. 91-33; City Attorney Opinion No. 88-30; City Attorney Opinion No. 88-13; City
Attorney Opinion No. 88-12; City Attorney Opinion No. 88-10)
Section 52. Contracts and Agrt;t;ments Power to Discharge or
Suspend Supervision by Mayor. The Mayor a"'all see t"'at all contracts al'le!
agreements \,rit'" t"'e Oity are fait"'ftllly I<ept al'le! ftllly performed, and to tl9at end
3R811 C8t13e legal proceeding! to be commenced and I5f038ctlteel in IRe Fl8me of
t"'e City against all peraol'la or corporations failing to fulfill t"'eir agreements or
contracts, eit"'er in .."'ole or in part. He 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. of all Oit) offieer~ elected or appointed, except Councilmen. lie
a"'all "'a\e pOYler to discharge any City appoil'lti.e officer or emj5loyee, for
e!erelictiol'l, neglect or 1'101'1 performance of e!tlty, except employees in t"'e classified
[Rev April 5. 2004 (I :13pm))
C - 12
38rvice, and 1T18}1 suspend tlnyernplo}lee!in tlge cla3gifieeJ 38Fvice pending 8
Rearing before the ci"iil 38f\"ice boara. (A3 amcfJdee/ b) ""'B~,8.J G,'ec,~.{j" frllJ,'d an N8~CfflI:JG,
4, 1924) (City Attorney Opinion No. 96-1; City Attorney Opinion No. 95-2; City Attorney Opinion No.
93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 92-10; City Attorney Opinion No.
92.8; City Attorney Opinion No. 91.33; City Attorney Opinion No. 91-4; City Attorney Opinion No.
88-20; City Attorney Opinion No. 88.19; City Attorney Opinion No. 88-13; City Attorney Opinion No.
12; City Attorney Opinion No. 88-10)
(Section 53 r-epea.'-ed by e:e,t;Of! Me,'d Of! ulUi'le 7, 1966)
City Attorney
Section 55. POSiDi - if!
Section 55(a) of the cur t IS
Charter and shall contin 0 a
with the same text and same section designation.
'on Reserved) The text of
nged in any way by this
his Article in this Charter
(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 ofthe City for a period of at least thirty (30) consecutive days
next preceding the appointment or the filing .of nomination papers for election to
the Offj~~'IQ ~QH.cmt .o.uA~ney during
hls/her te~U~~1 .~~blICayor and
Common Council, which appointment shall be valid until the next general
municipal election, at which time a City Attorney shall be elected for the remainder
of any unexpired term, or for 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.
(-S8c~.{jff SS(bj 83 8meffded b) G,'ec,tiM'l ht;/d "" ,"in, '/nbe, 2, 1976, &et;"" SS({)j 83 amc,ndt;d it)
eJltt;"J'l hi:/d eM I~rff 12, 1955, ~G';al'l SS{d) 8.J amel'ld8d b; efeet:ttrJ.J "6fd 1~1:j,' 13, 1971 and
No,."nbl!18, 1986) (Scott v. Common Council (1996) 44 CaJ.App.4th 684,686,696, regarding
Section 55 (d).) (City Attorney Opinion No. 96-3; City Attorney Opinion No.89-11; City Attorney
Opinion No. 87-59; City Attorney Opinion No. 87-36)
(Sect.'Ori 55(1) arid (gj rttpea:M by e.'ectiof! Me,'d Mardl 6, 1979)
[Rev April 5. 2004 (1:13pm)]
C - 13
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/heroffice, 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 apBO Whomifihe sa 'ilowed, the nature of the
claim, and the fund out wh 's. He/She shall issue all
licenses and countersign wa n~ t e ry, except warrants of the
boards, and shall do and aUli','~ 'r f him/herbythis Charter,
or by ordinance, or which may be required of him/her by the Mayor and Common
Council. (All Bffll!.l1dtJd h; BIBC/:Bf1 "'lJ:d ,rBh,~Bl') 4, 19SG) (City Attorney Opinion No. 90-31)
City Assessor
(SectioTi 65 .<epeated by electiol'l he,'d 01'1 the iebi'tJtJf}" 6, 197:3)
Treasurer
beIOng~~~ :b~d4;:n~~~:~
under suc ~K~II 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/herby law and the Mayor and the Common Council. He/She shall not payout
any monies belonging to the City except on claims presented, allowed and
submitted in the manner provided by this Charter. (Scott v. Common Council (1996) 44
Cal,App.4th 684, 696)
(Sect;ofl 75 repeated by etect,'ofl held iebttJal'j' 6, 197:3)
(SectioTi 8e repealed by electiof'l heid Novet'l'lbe.. 2, 1976)
(Sectiofl 81 tepea,'ed bj' etectioTi held No~'efflber 2, 1976)
(Dect,'ofl 82 repealed by eiect,'ofl held ,\1o~-ember 2, 197C)
(Sectiefl 85 repealed by e,'ectiefl held November 2, 1976)
(Sectiol'l 86 repealed by e,'ectiofl hetd NtJ~-efflber 2, 1916)
(Sectiol'l 87 repea,'ed by e,'ectit:m "eid ,'wvefflber 2, 1976)
Veto Power Of Mayor in Community Development Commission
[Rev April 5. 2004 (1:13pm)]
C -14
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 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 V
Judicial Departm~"t
City Manager
Section 100.
appoint, subject to
Manager who shall be
Section 102. Authority and Duties ofthe 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, 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 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;
[Rev April 5, 2004 (1: 13pm)]
C - 15
(c) To insure, 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 prepagubmit the a'~Udget and to keep the
Mayor and/or the May, a lIy advised as to the
finan.cial ~on~ition.an ee.~ I ing the filing of annual
and mterlm fmanclal ; .IIC'CI
(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, fl or re. qulted by the Mayor and/or 'hefayor and
Common u"'Dcumt:.n.
(h) co Iw, ment 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 mayarise; 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 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 hislher 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 the performance of their duties
and in their official conduct.
[Rev April 5. 2004 (1:13pm)]
C - 16
(j) To confer regularly with the City Treasurer and to keep the
Treasurer informed of all financial matters and 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 perfo"fihe duties O!' i]nager and be vested
with all the powers 0 it in this Charter. The
Assistant City Manag s rq~: h osition of Acting City
Manager, subject to ~oI'~U; 0 ove 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 DPt to dictate, either directly orind~' ectly, the
appointm t flfB' Ii the City
Manager, ~n. r In i h . Manager,
from exe JU e ployees
in the administrative service. Except for the purposes of inquiry and/or
advising of a complaint or complaints, the Common Council, its
members and employees shall deal with the administrative service
solely through the City Manager, and 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.
(Artie,'e V repealed bj' election "eid iebrutJry 6, 1973)
[Rev April 5, 2004 (1: 13pm)]
C - 17
Article VI
Ilealth Department
Reserved
(Art{c,'e \',' ,~epea,'ed b'j eJect.:{JfI "e,~ rent/jar;" 6, 1'7J)
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 numbegercentage her~ ~reqUired. The signatures
to the petition need not a e a Ell. . ut each signer shall add
to his/her signature his/h pi esi ,vi the street and such other
identification as may be' en. 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/hercertificate showing the results of said examination. If, by the
Clerk's cl~he number of signatures on the petition is hown to be
insufficient, Db . . .
certificate" rn by roe e shall have
an additi (1 Y 0 them by
the Clerk, to obtain the required number of signatures. The Clerk shall, within
ten (10) days after such amendment additional ten (10) day period to obtain
additional signatures, make like examination of the amended 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 number to 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 after the
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,
[Rev April 5. 2004 (1:13pm)]
C -18
(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.
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 ordinage City; and anft'n nce proposed by petition,
or which shall be adopted a 91:11' be repealed or amended
except by a vote of the p Ie ~u an.
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 under this 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 under this Article in this Charter with the same
text and sntion designation.
Sec 1 e I. c d~~4-;.ecallofthe
holder of a i 0 Icl....~ ."~sor 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 twenty 1i'.e fifteen percent (2515%) of the voters of the
City, or in the case of a City Oouncilman Council Memberelected 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/heroffice, 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
[Rev April 5, 2004 (1:13pm)]
C - 19
the notice and statement referred to above, the officer sought to be recalled may
have the answer published at his/herexpense. 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
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 agblication of tl~i e, statement and answer,
if it is to be published, the all ieu and signed. The petition
shall bear a copy of the ice i i a e and answer, if any. If the
officer has not answered e Iti sh . atures shall be secured
and the petition filed within ~ ninety (6e90) 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 rson whose name purports to be thereunto SUbSiibed. Within
thirty (30) d sa r at U' lB" eiH II examine
and ascert w i io is g e i number of
qualified el 0 n i 0 ci I r Ip 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 fIlflY shall be flmeFleJed
"itRiFl tRirty PO) days from the eJflte of saieJ certificate 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
amendment additional thirty (30) day period to obtain additional signatures,
make like examination of tRe flmeneJeeJ said petition, and, if his/hercertificate 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 ofthe person against whom the
recall is filed) be recalled?" and the words "yes" and "no."
The 6ity 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 t~e same manner as other City elections. Any
[Rev April 5. 2004 (1:13pm)]
C - 20
l'er301'l sought to be removed may be a candidate to 3tlcceed himself and, tll'lless
he reqtle3t3 ethe~yi3~, in vvriting, the City Clerk 31'18.11 place hi! Flame OR the official
ballot vvithout nomina.tion.
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 the question of whether or not the incumbent should be recalled, the
candidate receiving the . umber of votes b declared elected. At 3tlch
vote3, tThe incumbent sh oved from the office upon
qualification of his/her 0 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. If the inetlmbel'lt
receives the highe3t I'ltlmber of '/ote3 he/she 3hall eOl'ltil'ltle il'l office. The
successor of any officer so removed shall hold office during the unexpired term of
his/her predecessor. (,~3 amended b) Glect:dJ'1 field uftJrJc 8, 1976)
Article VIII
Revenue and Finance
seeD
in dttty-Jun e
Common ,
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. (Scott v. Common Council (1996) 44 Cal.App.4th
684, 696; City Attorney Opinion No. 92-10)
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.
[Rev AprilS, 2004 (1:13pm)]
C - 21
.
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. (Sfleserved) oemffainst City. The text of
Section 135 of the current a' . c . any way by this Charter
and shall continue in full f e .a t cle in this Charter with the
same text and same sec Ig;:l;~;.a.
(Section 136 ,.~ea,'ed by eiection "eid ,I'"elm:Jary' 4, 19(9)
(Section 137 ,<~eaied by eJection "eid ,I'"ebrl:fflry 4, 19(9)
(Section 138 repea,'ed bj e,'ecfi01'l "eid ,I'" eb,-utlry 4, 19(9)
Section 139. Valid Claims. No claim for commodities furnished, or service
~:n~~;i~:~f e be!!.:alidU~Uhnl~ssup~ior tmo furniSh~i1 SUChR.c~m~~Oditie~~~~~~
Council, th ; s r tor. having the
authority s. r n c' e i snsger or
member 0 any depa ment, and no ity 0 Icer, s a ave power 0 create an
indebtedness against the City, or to furnish the basis of a claim without said
authority. (More v. City (1931) 118 Cal.App. 732, 735-737; Good v. City (1920) 49 Cal.App. 559,
560)
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 141 ,.~etl,'ed by election held ieb,-/:Jtlry' 6, 1973)
(Sect.'on 142 repetl,'ed by e,'ectiol'i "e,'tj iebwfJry' 6, 1973)
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.
(Sectiofl 144 r~efJ,'ed by e,'ectiot'l he,'d ,I'"eb,-/:JfJry S, 1973)
([;ect,'(", 145 '-~efJ,'ed b)' e/ectio" "efd ieb,<l:fflry' 6, 1973)
[Rev AprilS. 2004 (1:13pm)]
C - 22
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.
(Sectiem 147 ?epealea b)' e,'ectiM held ieb,</:JBry 6, 197:1)
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 deSig"'D ~
Section 149. (Se n e . r n The text of Section 149 of
Iho '""001 Chart" ;, 0 ..Eft l, Ihl, Charte, aod ,hall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
(Section 150 repealed by e.'-ect.'cm he.'a ieb,tlary 6, 197:1)
(Sect/(", 1S1 i'epea.'ed b)' e,'8ctk", he,'a ,'"'ebr/:JBl'f G, 197:1)
(Sectio" 152 ,"epea.'ed b)' e,'8ctio" held ,'"'eb,/:JBl'f G, 197:1)
11ol;Jr;"d'etil
ater em
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 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 COl:lneilrnel'l
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
[Rev April 5, 2004 (1:13pm)]
C - 23
.
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. (As amended by election held
Apri/13, 1971) (City Attorney Opinion No. 94-3; City Attorney Opinion No. 93-8; City Attorney
Opinion No. 92-20; City Attorney Opinion No. 91-33)
Section 161. Oat
office, each member of
subscribe before some of
office required of other
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
authorize mPgoweredtG: ament
1. T st a I II a crt from water
bearing Ian a r I. ' I, r, p nd extend
the entire wa er syste of th ity;
2. To employ such persons as the necessities of the water service may
require, to fix and payout 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
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. (A, amlll'llMd b) {jl{jc~'''/l i'llj,'d':tJI'IB 4, 1974J (Livingstone v. MacGillivray
(1934) 1 Cal.2d 546, 552; Good v. City (1920) 49 Cal.App. 559, 562; City Attorney Opinion No. 94-3;
City Attorney Opinion No. 93-8)
[Rev April 5. 2004 (1:13pm)]
c- 24
.
Section 164. (Section Reserved) Sale And Use Of Water. The text of
Section 164 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 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. (sgeserved) Mapger System And Service.
The text of Section 166 0 e c i g changed in any way by
this Charter and shall co nu .n~ ff t under this Article in this
Charter with the same te a'r:l:s~"D n n.
Section 167. (Section Reserved) Financial Condition Of Water
Department, Etc. The text of Section 167 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 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, er required so to do, certify such proCeedingsfer his/her
hand, the set e e' t.~maDn rovided by
said Board th p (Itya i ~
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. (City Attorney Opinion No. 94-3)
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
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 ti'le control al'leJ management of ti'le M~or and
Common COl:ll'lcil .. i'lo the general supervision of the Mayor. The City Manager
[Rev April 5. 2004 (1:13pm)]
C - 25
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 nnOT 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 ltnd
eFiforee penalties for viol' ereof; SUbjecttfIi il service provisions of this
Charter. ~
CCCOND: . r shall determine any
and all complaints of misconduct, inefficiency or violation of rules or other charges
against aFiY offieer, member or employee the chiefs of said departments, and to
shalltake such action thereon as shall be most conducive to the maintenance and
discipline and efficiency of such departments, subjeelto the eivilser.iee I5rovisioFis
of this Charter, in all iFlv83tigatioR3, or trial! conducted by ttU:,ffl, th8Y 3hall Rave
"cr.vay to i33ue subpoena! for the attendaFlce of nitRe!!!!, and tne JjroeJtJGtion of
papers and elocUm6F1t3 before .them "nhiCh 3t1bp08F183 gRail be: signed b~ the
~~~
I5re3GribeeJ by Ian for like offense! in 3t:1perior COW13. The Mayor, or any member
of tne COl:JFlcil, 1T18~ admini8ter oatli3, OF affirmstioR3, iFl the coneJtJct of stich
iFivesligatioFiS. 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.
TlllnD: To maiFitaiFi a fire alarm and poliee telegraph, or telej:lnone, and manage,
or control the 38me, aRd to appoint the superintendent thereof in liI{8 manFler 8S
other employees of the !'loliee and fire del5al'lments.
(A3 4')16dd'!d b; ~(U.,itJ.J ~fectlon ,',!,id Nc~~mbl!1 4, 13M) (City Attorney Opinion No. 91-2; City
Attorney Opinion No. 90-25)
Section 181. Police Department - Membership. The Police Department
shall consist of a Chief of Police, and Stteft as many ranking officers, police
officers and other l50lieemen employees as the Mayor and Common Council
may from time to time determine. (A" llfflBl'fdl!Jd Il) B:tllJlillfl IllJ:d t/(mUll~B. 3, 1842:) (City
Attorney Opinion No. 95-2; City Attorney Opinion No. 91-2; City Attorney Opinion No. 89-11)
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
[Rev AprilS, 2004 (1:13pm)]
C-26
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. guilt) of violatiol'l3 of the
3ame. He/she shall also have charge of the City jailpri3on, 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 Councilor by the City
Manager. IY ttorney Opinion No. 91-2; City
Attorney Opinion No. 90-25) r '=' '
Section 183. Fire &- ~ i e Fire Department shall
consist of a Chief engineer Chief of the Fire Department and as many
a33i3tant3, driver3, h03emen and ranking officers, firefighters and other
employees as the Mayor and Council may determine. (City Attorney Opinion No. 91-21)
Section 184. Supervision of Mayor and Ootln~i1 City Manager Over
Funds, Moneys Etc. Caid Mayor and Common Council 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. (City Attorney Opinion No. 91-2)
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. (City Attorney
Opinion No. 90-25)
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 power3 and
eOl'ltrol the responsibility over these departments vested in them by this Charter
[Rev April 5, 2004 (1:13pm)]
C - 27
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," "d" and
"e" are: "a" designating the first six months of service in the respective
departments, "b" desig . he following eimn months of service in the
respective departments," de 'gir service in the respective
departments, "d" desig ng 0 of ervice in the respective
departments, and "e" de n g fi s quent 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
entitled to receive for his/herservices in his/herposition 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 .. tions having the most nearly equal duties andi rs onsibilities.
Local Safet e er th r , . rteD any local
"oliceman lic'c f t1 a d n under the
provIsions u r s s 'fied in the
California Government Code or amendments thereto.
Class of Position
Classification
Number
Title
Fire Department
nrell'le~ , Battalion Chief Aide
Firefighter
P1 (Steps a,b,c,d,e)
P2 (Steps a,b,c,d,e)
Fire Prevention Inspectors
P3 (Steps a,b,c,d,e)
Engineers
P4
Captains, Assistant Fire
Prevention Engineer
P5
Battalion Chiefs, Drill
Master, Fire Prevention
Engineer
P6
Assistant Chief
P7
Chief
[Rev AprilS, 2004 (1:13pm)]
C - 28
Title
Police Department
r8trah"81"1, reliel.n81"f18n
Police Officer
Juvenile Officer, Detective,
Senior Identification Inspector
Sergeants
Lieutenants
Captains, 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 :gabove salary p~. 'i:
(a) Police Depart t: h e s ned to traffic enforcement
duties on a motorcycle II pr~e r 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.
(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) consu' working days or five consecutive shifts, shall reiCi e the same
salary for h eu:eam~d lid re he/she
promoted that d' t r c p i cting in the
higher rank h hit n 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.
[Rev April 5. 2004 (1:13pm)]
C - 29
rOUnTl1. '."ork Vt'eel<
(nepea,'ed b)' e,'ect.'em he,'d ,Julie 8, 1976)
rlrTl1
(nepea,'ed by e,'ecf,'ol'l he.'d ,Jufle 8, 1976)
SIXTH: Definitions
The words and terms defined in this subsection shall have the following
meanings in this section:
(a) "Shift" meansB- Idu 10 thellpartment, except for the
positions of Chief, Assist C, a a mbers working in the Fire
Prevention Bureau, and h oc so' ns as may hereafter be
granted a forty (40) hour average wor we resolu n of the Common Council
upon the recommendation of the City Manager.
(AJ amendGd b) G:,ar:CJI'IJ ht,'d ,\p,f,' 12, 1955, r~b,tJtJJ") 5, 1973, v'l:JfJC 8, 1975, ,-..fa; 5, 1981, afJd
!.fa. ell 5, 19&) (San Bernardino Fire & Protective League v. City (1962) 199 Cal.App.2d 401, 404-
419; City Attorney Opinion No. 97-1; City Attorney Opinion No. 95-2; City Attorney Opinion No. 93-
16; City Attorney Opinion No. 93-13; City Attorney Opinion No. 93-4; City Attorney Opinion No. 92-
16; City Attorney Opinion No. 92-2; City Attorney Opinion No. 91-32; City Attorney Opinion No. 91-
23; City Attorney Opinion No. 91-3; City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-17;
City AttorneyQpinion No. 90-11; City Attorney Opinion No. 89-21; City Attorney Opinion No. 88-11)
n Article ..~icle Reserveh 1
Secl 90.00Cym~nc n1900fthe
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
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
[Rev April 5. 2004 (1:13pm)]
C - 30
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 'ng changed infta by this Charter and shall
continue in full force and ct . inl . harter with the same text
and same section design n. a
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 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.
Section 208. (Section Reserved) Donations . Bequests. The text of
Section 208 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
Ii
~
"
"
"
I'
,I
"
'I
II
I
I
I
,
I
I
!
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
[Rev AprilS, 2004 (1:13pm)]
C - 31
211 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 212. (Section Reserved) Reports. The text of Section 212 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-A
pauecreation COli'S ion
Section 213. (Se n e ) b S erm of Office. The text of
Section 213 of the curre r iEft. 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 COtHlcilm61'1 Council Member shall
appoint one commissioner whose term shall coincide with that of the appointing
cOl:JFlcilm81'1 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 0869. Thereafter, each Mayor and each . Council
Member, u a U' Ofe&' I . e r ission for
a four (4) y r t n. anc cry filled in the
same ma n
1969t-(City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-18)
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
time by the affirmative vote of five (5) eOl:Jl'leilmel'l Council Members, and upon
any such removal the vacancy shall be filled as aforesaid for the unexpired term.
(,'3 fJfflcndfJd b) ll:tJe~'1J/l !lll:d ieb>l:ffll') 4, 1969) (City Attorney Opinion No. 91-33)
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
[Rev April 5, 2004 (I: 13pm)]
C - 32
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 218 amended by e,'ectiem "'eld ,r'ebrtJary' 4, 1969, aM
,"8f:!ealeB by e!ect{ofl "eld NOtlel'f'loer 2, 1976.)
Section 219. (S
219 of the current Chart
shall continue in full force
text and same section de
eserved) Ap pe,ai unci!. The text of Section
n . cft way by this Charter and
e t e Ie this Charter with the same
n n.
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 under this Article in this Charter with the same text
and same section designation.
. ~~~herever it
a-';:;II~the City of
General SUDervision: 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 hls/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
person/department/public Institution In default proceeded against according
to law.
Immediate SUDervlsor: 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.
[Rev AprilS, 2004 (1:13pm)]
C - 33
Manaaer-Directed DeDartments 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.
ComDonent 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, remove from a position, promote to a
position or demote to a position, any person applying for or occupying a
salaried position unde 'w governmenft:
Civil Service Ad ': II: e ice Chief Examiner and
those employees who . n.
Civil Service Svstem: 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 tB ovember 5,200'2 and any other amendmenfthat may be
adop.ted p to. 0" D'ni ction 244,
herem. \.".,t .I..I
This Charter: This document and its full text.
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 t~is 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
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
(Cectiofl 224 r'Bf'ealed by special e/ectiofl "e.'d April 11, 1921.)
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
IRev April 5, 2004 (1:13pm)]
C-34
.
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.
(/~J B.m{;J"Id~d b; (;,'e.cH(Jff !'ll;.'d ^,,,\,embfJ, S.2981.)
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 Charter with the same
text and same section d tion. ,
Section 227. (Se n ~It iThe text of Section 227
of the current Charter is b an y this Charter and shall
continue in full force and e ect un er is rtlC e In this harter with the same text
and same section designation.
(Sect.'{)ff 228 '"8f'etJ,'ed b; election held ieor/jtJT'f G, 197J)
Section 229. Deposit of Money. It shall be the duty of every City officer,
upon receiving into his/herhands money belonging to the Municipality, to forthwith
deposit the same with the City Treasurer, except where otherwise provided by this
Charter. n
Sec 2 r I iv i v ff roftheCity
,h.1I hold , ,.oe,umefttm h;,""",
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. (As
amended by special election held November 4, 1924.)
(Section 231 ,-epetJled by election he:d ieon:Jt!lT'f G, 1973)
(Cect;on 232 '-6fjetJled by e/ectiol"l he:d r'eo'-I:Jt!lI"j' G, 197J)
(Sectiol"l 233 ,"epe8:ed OJ' eJectiol"l held MtJ,-ch G, 1979)
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 any way by this Charter
[Rev April 5.2004 (1:13pm)]
C - 35
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
(Section 2:)6 ,.~ea:ed by election fre,'d ,I""ebrI:Jary 4, 1969)
(Scctian 2:37 repeB,'ccJ by c,'cctiaflliekJ FCB{I:JBf)' 4, 1969)
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 t same section de' ation.
Section 240. (Se Ion eserved) g or D aging 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 tho, .;" :;;;;;;~;;;'~fRt~":
in any way y is c~~!r!nl-~n"I~1!~ect under this
Article in this Charter with the same text and same section designation.
(Sectkm 24;) ,'~eaJed by e:ecti(jfllie:d No'tefl'lber 5, 1974)
Section 243. Nepotism. Neither the 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 anyone 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 prior to the
existence of a situation contemplated by this provision; however, those
persons with appointive powers and/or supervisorial powers in such a
[Rev AprilS, 2004 (1:13pm)]
C - 36
situation shall disqualify themselves from all decisions affecting the
employment and promotional status of such person.
Section 244. When Charter Takes Effect. Tnis Cnal'ler snail take e#fec;t
from and after its approval by the LegislattJre of the mate of California. This
Charter shall take effect on the day of the swearing in of the Mayor for the
2006 to 2010 term of office for Mayor, but notwithstanding the foregoing, this
Charter shall ta,ke effect no later than April 3, 2006.
Section 245. Notwithstanding the effective date of this Charter
provided in Section 24 ' , the prOViSiOlictions 120, 122 and this
Section (245) shall take e II 'Ied by the Secretary of
State as amendments t he r n u equently, Sections 120,
122 and 245 herein, sh n'n ffect 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,
7. Civil Service to Organize and A PPoi'n Secretary.
'tl?:BBR!' , th B ganize by
tiai a s II appoint a
Chief Exa 0 . . oard may
appoint such subordinates as the City Council may, by ordinance, prescribe. ~
lUk/Bd b; 3p~citJ.f e,~(;t;t:JJ't 11~,fd ,V{j~~mbe, 4, 1S~.) (City Attorney Opinion No. 95-12; City Attorney
Opinion No 91-8; City Attorney Opinion No. 88-9.)
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;
(o)(e) The heads of departments, and the heads of divisions of
departments and members of all appointive boards;
(e) (f) One secretary for each department and one secretary for
the City Manager.
[Rev April 5, 2004 (1:13pm)]
C - 37
.
(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,
ma . professional or tional character, or may be
dete u f d.
(c) The I I d ary unskilled labor.
( ttorney Opinion No. 97-1; City
Attorney Opinion No. 93-7; City Attorney Opinion o. 1-18; City Attorney Opinion No. 91-4; City
Attorney Opinion No. 89-15; City Attorney Opinion No. 88-19)
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 Charter with the same
text and same section designation.
Sl; (Section R..''''''d) Cod.. of Ru'e. .nd Regu'ation.. Th'
text of Sect 2 of the current Charter is not being channd in afay by this
Charter an all lAipfUnme e the same
text and sa s ~~
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. fA" atkUJd b) 8f'eeitJ! al'8et;fl/'f he:d
NO~",JJbc!!, 4, 1S~ ,5,}d lJrIlc!Ilac!d by c!l~c!ctjo,] ,'16,'(/ ,"o~i!I)Jb61 5, 1974) (City Attorney Opinion No.
96-13; City Attorney Opinion No. 95-8; City Attorney Opinion No. 93-8; City Attorney Opinion No.
93-7; City Attorney Opinion 93-4; City Attorney Opinion No. 91-8; City Attorney Opinion No. 90-29;
[Rev April 5, 2004 (1:13pm)]
C - 38
.
,,;
.
City Attorney Opinion No. 90-12)
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 ivil Service Board. All c rges shall be heard and trials
had under such rules as ., Service may ibe. PROVIDED, that the
provisions of this section i t ordinate to the provisions
of Section 256. (City Attorney Opinion
No. 97-1; City Attorney Opini -9; tto . 6-5; City Attorney Opinion No.
95-11; City Attorney Opinion No. 95-10; City Attorney Opinion No. 94-7; City Attorney Opinion No.
94-5.; City Attorney Opinion No. 93-8; City Attorney Opinion No. 93-7; City Attorney Opinion No. 92-
1; City Attorney Opinion No. 91-14; City Attorney Opinion No. 91-8; City Attorney Opinion No. 91-4;
City Attorney Opinion No. 90-32; City Attorney Opinion No. 90-12; City Attorney Opinion No. 88-9)
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
from a department by the City Manager or by the Head of the Department, or by
any othero'zed supervisor, may appeal from the decision of such officer
totheCivil i 8aeBm'n~II,!andPlace
by which s a I . t d all be final;
PROVIDE I nr ti bject and
subordinate to the provisions of ection 256. (,~3 added 19; :JfJtJe,'a: IlItJ.::t;/l1'l "'B:d
.\'/lIBmhtJ.4, 19N) (Livingstone v. MacGillivray (1934) 1 Cal.2d 546,552,553-554,' City Attorney
Opinion NQ. 96-9,' City Attorney Opinion No. 95-10,' City Attorney Opinion No. 92-27,' City Attorney
Opinion No. 92-1; City Attorney Opinion No. 91-14; City Attorney Opinion No. 91-8; City Attorney
Opinion No. 88-9.)
Section 256. Power of Mayor to Dismiss.
A. The City Manager, Acting City Manager, Chief of Police, Chief
of the Fire Department and Aany appointive officer or employee
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, 8nd
except deputies, B.33istSRt8, clerl{s, emplOyees, and a.ttache! holding
office at the I51ea8tJre of an eleeti,;e officer, may summarily be
dismissed for the good of the service by the Mayor, with the consent
of two-thirds (2/3) of the 6ity 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,
[Rev April 5. 2004 (1:13pm)]
C - 39
.1
.
.
employees, and attaches holding office at the pleasure of an
elective officer, may summarily be dismissed for the good of
the service by the City Manager with the consent of the Mayor
and Common Council. (AJ added b) 3f'tJ{);a,' ~.'ectiOfJ Jr:!e.Jd ,\'et.unbci 4,
-f924T(Livingstone v. MacGillivray (1934) 1 Cal.2d 546,553) (City Attorney Opinion
No. 93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 92-8; City
Attorney Opinion No. 92-1; City Attorney Opinion No. 91-33; City Attorney Opinion
No. 91-4; City Attorney Opinion No. 88-20; City Attorney Opinion No. 88-19; City
Attorney Opinion No. 88-13; City Attorney Opinion No. 88-10)
Section 257. (Section Reserved) Position in Classified Service. The text
of Section 257 of the cu arter is not blifnged in any way by this
Charter and shall continu fu . his Article in this Charter
with the same text and s side io
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 I esignation.
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 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.
[Rev April 5. 2004 (1:13pm)]
C -40