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CHANGES FROM APRIL 7,2004 (9:44AM) CHARTER VERSION
The April 7, 2004 (9:44AM) Charter Version has been available for viewing and
downloading on and from the City's website since April 8, 2004. The following are additional
changes made to that version:
Section 21 (Pg. C-4)
Section 30 (Pg. C-S)
Section 36 (Pg. C-7)
Section 40(s) (Pg. C-IO)
Section 70 (Pg. CIS)
Section 100 (Pg. C-IS)
Change the word "As" to "as" in the title of said section.
Add "or, in the event of a tie vote by the Council Members present,
if it receives the affirmative vote of three Council Members and
the Mayor" after the words "Council Members" on the seventh line
of said section.
Add "except in the event of a tie" after the word "vote" on the third
line of said section.
Add "however, that member shall not have the ability to cast an
additional vote in the event of a tie" after the word "meeting" on
the eighth line of said section.
Add "but shall not have the ability to cast an additional vote in the
event of a tie" after the word "Member" on the seventeenth line of
said section.
Add "confirm" after the word "appoint" on the first line of said
section.
Add "appointed full-time permanent" after the words "officers
and" on the second line of said section.
Delete the "ir" in the word "their" to make the word "the" before
the word "qualifications" on the third line of said section.
Add "of City employees" after the word "compensations" on the
third line of said section.
Delete "Veto Power Of Mayor in Community Development
Commission" at the end of Section 70, and before Section 90.
Add "Said City Manager shall be at least 30 years of age and shall
be a resident of the City or shall become a resident of the City
within 180 days of assuming office. Said City Manager shall have
received, from an accredited college or university, a masters
degree in public administration, business administration, or an
equivalent degree in a related field, or a higher degree, and said
City Manager shall have served as a City Manager, or as a City
Administrator, or Chief Executive Officer of a county, or as an
Assistant City Manager, City Administrator, or Chief Executive
Officer of a county for a minimum of three years" after the words
"Civil Service System" on the seventh line of said section.
1+ :J:;;
:'..-11-04
~
I
Section 102(b) (Pg. C-16) Add "subject to section 40(s) of this Charter;" after the word
"appoint" on the first line of said section.
Add "and to appoint any temporary, part-time employees of all
Manager-directed departments of the City;" after the words
"Common Council" on the eighth line of said section.
Section 102(i) (Pg. C-17) Add "to immediately notify the City Attorney of any important
legal issues or difficulties that arise;" after the word "issues" on the
first line of said section.
Section 1020) (Pg. C-17) Add "on financial issues, to obtain the financial advice of the City
Treasurer and to carefully consider that advice," after the words
"City Treasurer" on the first line of said section.
Add "to immediately notify the City Treasurer of' after the words
"financial matters and" on the second line of said section.
Section 104 (Pg. C-17) Delete "Except for the purposes of inquiry and/or advising of a
complaint shall deal with the administrative service solely through
the City Manager, and" after the words "administrative service" on
the ninth line of said section.
Section 105 (Pg. C-18) Change "Non-eligibility" to "Non-Eligibility" in the title of said
section.
Section 161 (Pg. C-25) Change "Of' to "of' in the title of said section.
Section 168 (Pg. C-26) Change "Ex-officio" to "Ex-Officio" in the title of said section.
Section 185 (Pg. C-28) Change "To" to "to" and "And" to "and" in the title of said section.
Section 221 (Pg. C35) Add the definition "Full-time Permanent Emplovee: Any person
hired to work for the City who works a minimum of thirty-two (32)
hours per week, and who is hired as a retirement benefits-eligible
employee pursuant to the Public Employees Retirement System
(PERS) guidelines, and for whom there is no date of termination
stated when said person is hired" after the definition of "This
Charter" of said section and just before Section 222.
Section 244 (Pg. C-38) Change the words "of office for Mayor" to "for the Office of
Mayor" after the words "2010 term" on the fourth line of said
section.
Section 245 (Pg. C-38) Add "Early Effective Date of Certain Sections of this Charter"
after the words "Section 245" on the first line of said section.
.'
Section 262 (Pg. C-42)
Change the word "repeal" to "Repeal" and "former" to "Former"
in the title of said section.
(
CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
(/\pprovea at aR elestiElR Aela SR JaR~aPJ 6, 1905)
IRsl~aiR~ its ameRameRts Ily special elestisRs Aala Decemller 2S, 1905; ,^.pril1S, 191J; MarsA 1S,
1919; MarcA 15, 1921; April 11 ,1921; NEl'Jemller 7,1922; Ne'lemller 4, 1924; .'\pFiI1J, 1925; AprilS, 1935;
Marc A 15, 19J7; MaFsA 20, 19:Ml; May 16,1944; Nevemller 7.1944; Mar-sA 19, 1915; .^.pril11, 1949;
MarcA 29, 1951; APFiI12, 1955; J~Re 5, 1956; MaFGA 19, 1957; J~Re J, 1955; MarcA 17, 1959; MarsA 21,
1961; Fellr~ar)' 5, 196J; Fellr-~ary 2, 1965; J~Re 7, 1966; Fallr~ar)' 4, 1969; FeIlF~aFY 2.1971; P.pFiI1J,
1971; Fellr-~aFY 6. 197J; J~Re 4, 1974; NS'/emller 4, 1974; J~Re S, 1976; ~lsvemller 2, 1976; Mar-sA 6,
1979; ~le'Jemller6, 1979; May 5, 19S1; MarcA 5, 19S5; Nevemller S, 19S5; MamA 7. 19S9; Nsvemller7, 19S9;
J~Re 2. 1992; Nsvemller 7, 1995; Ne'/emller 6, 1996; Fellr~ary J, 1995; Nsvemller 2, 1999; Nevemller 6,
2091; aRa Nsvemller 5, 2992.
PREAMBLE
We, the citizens of the City of San Bernardino, hereby establish this Charter to
Section 2. (Section Reserved) Boundaries - Jurisdiction. The text of Section 2 of
the current Charter is not being changed in any way by this Charter and shall continue in
full force and effect under this Article in this Charter with the same text and same section
designation.
Section 3. (Section Reserved) Time and Change of Boundaries. The text of
Section 3 of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text and
same section designation.
Article II
Elective Officers and Elections
Section 10. (Section Reserved) Primary and General Election. The text of
Section 10 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
[Rev May 14,2004 (II :30 AM)]Draft Document C . 1
r
Section 10-A. Election to Office. Any candidate for a jueisial, school 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
officer elected shall hold office until his or her successor is elected and qualifies. fAs
ark/edsy eiestion he!d Maroh2Gl, 19131; and as amenEledsy eieslieR he!d juRe 2, 19(2) (City Attorney
Opinion No. 91-5)
Section 11. Provision for Elections - Returns - Certificate. The Mayor and
Common Council shall provide for the holding of all City elections.
On the second day after a City election, exclusive of holidays, at 1 :30 p.m. the
Mayor and Common Council, or the City Clerk, or a canvassing board appointed by
the City Clerk by .order of the Mayor and Common Council shall meet at the City Hall,
San Bernardino, California and proceed to canvass the election returns.
viou
co
e
fo
o
~ . ~Jt
xt "gular 0 cil meeting follcling the
co e ca~~ss, the cil shall declare t~~ results
of on as d~ltified by Clerk 0 e egistrar of Vote1S of the
County of San Bernardino as being official. (As ameREledsy e!estien helfJ ."'esFlJal)' 13,
~ (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/her hand and official
seal shall issue a certificate thereof to the person elected or appointed by
delivering it to him/her personally, or by depositing it with postage pre-paid in the
post office, addressed to him/her at the City of San Bernardino; and within ten
days thereafter such person so elected or appointed, shall file the certificate with
his/her oath of office attached, in the office of the City Clerk. When an Official
Bond is required of an officer it shall be approved and filed before entering upon
the duties of his/her office, within twenty (20) days after the certificate of election is
issued to him/her.
[Rev May 14,2004 (11:30 AM)]Draft Document C - 2
1
Section 13. (Section Reserved) Officers Elected. The text of Section 13
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 14. (Section Reserved) Officers and Terms. The text of Section
14 of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 14-A. Vacancy on Council. A vacancy in on the Common Council,
from whatever cause arising, shall be filled for the unexpired term thereof through
the election of a successor COllRsilmaR Council Member by the qualified electors
of the ward in which the vacancy has occurred. Such CElllRGilman 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.
. The
Section 15. Vacancies. An office becomes vacant when the incumbent
thereof dies, resigns, is adjudged insane, convicted of a felony or of any major
offense involving a violation of his/her official duties, or is removed from office, or
ceases, in the case of a GOllnGilman 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. (.~5 aR'lf3mleli BY e!eSIif3R he/Ii .~e\'eR'lBer 2,
-W+6}(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 witl'lElllt !lay during such
service in accordance with applicable State and Federal laws, and for a period
of ninety (90) days thereafter. Every such employee or officer returning to the City
within the time herein specified, and who has been honorably discharged from
[Rev May 14, 2004 (11 :30 AM)]Draft Document C - 3
such services, shall be reinstated without loss of status or seniority, provided tI=Iey
are not pRysisally or mentally incapasitateEl from performing the duties of said
office or position. he/she is still qualified for such office or position. If the
office or position no longer exists, or the employee or officer is no longer
qualified for his/her former position, he/she has the right to return to a
position to which he/she meets the qualifications at the same compensation,
status and seniority.
+Rat all All persons appointed to fill such positions during war or national
emergency shall be temporary appointees only. (,'.s amended BY eleGt!f3n tJe,'d Nf3I'6mBer
3, 1(42)
Bonds and Salaries
Section 20. Approval of Bonds. Officers of the City, before entering upon
the discharge of their official duties, and within tv..enty (20) days after notice oftheir
election or appointment, 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
fi , ordin 's Charter, d powe e . .
c ~c an er, it m fixed
b.rpprove the sign e May
fW with the C be re y the
" cial Bond purpq, t the
I be filed after cor
ial Bond ther ed
after xa . ation e s
m1!" .
ction 21. !@ity Officia Surety - Fo - iability - Bond oTSurety
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.
(-SestfoR 22 ropf):J,Icd by election no.'fJ en Mamn Ii, 1979-)
[Rev May 14, 2004 (11 :30 AM)]Draft Document 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-A. Salary of Council. The COllAsilmeR Council Members shall
each receive an annual salary of six hundred dollars ($600.00), payable monthly.
(As amended by spes/al eles/len fle!d on !Aamfl 11i, 1937) (City Attorney Opinion No. 96-3)
Section 24-B. (Section Reserved) Salary of City Clerk. The text of
Section 24-B of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
m
:>:b~r:
:M:L,'
n 30. islativ . The legillliv ower of the City i ereby
ves e 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 c()llAcilmen Council Members'
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 memgers 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
[Rev May 14, 2004 (11:30 AM)]Draft Document C - 5
general law.
Emergency or urgency ordinances and each resolution may be adopted on
the day of introduction and may take effect upon adoption; provided, however, that
this section is not intended, nor shall it be deemed to affect the method of adopting
special ordinances and resolutions as required by municipal improvement act,
laws relating to elections, taxation, and annexations, or other provisions of law
prescribing the time, form and manner for the adoption of ordinances and
resolutions of special cases.
No order, resolution or ordinance shall have effect without approval of the
Mayor, except when five (5) members of the Common Council concur in its
adoption. In case of orders, the approval of the Mayor shall be presumed unless at
the same meeting at which the order is passed, the Mayor causes his/her
disapproval, with his/her reasons therefore, to be spread upon the minutes. All
resolutions and ordinances after passage must be submitted to the Mayor who
shall, within five (5) days after he/she has received the same, endorse his/her
approval or disapproval thereon, giving the reasons for his/herdisapproval. Each
or . r resolu . lid must b assed b 0 l
( Co and a val by th
M pr 't may sed b n five
( C rs, a take y the
M" (C o/comb ( 1) 114
c" 0; Cit pinion No.. -7; City
:' 2 of2i,f,~:~~ t, 001 be, , ~;:7.;' ~~":l:~=
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 33. (Section Reserved) Ordinances - Publication. The text of
Section 33 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 34. Powers of Common Council - Written Charges. The
Common Council shall have power to adopt rules for its own proceedings; to
compel the attendance of witnesses and absent members; the production of
papers in any matters under investigation; to judge of the qualification and election
of its own members; to punish any member by a fine not exceeding 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 preferFed
presented and be heard if! on his/her own behalf.
':::r-
('<'
~
V
[Rev May 14, 2004 (11:30 AM)]Draft Document C - 6
The Ayes and Noes shall be taken and entered in the Journal of its
proceedings at the request of any member and must be so taken and entered
upon the passage of all Ordinances and Resolutions, and in matters concerning
the granting of franchises, making of contracts, allowing bills, ordering work to be
done, or supplies to be furnished, disposing of City property, or any act that may
involve the payment of money or the incurring of a debt against the City.
Section 35. (Section Reserved) Meetings - Time of - Adjournments. The
text of Section 35 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 36. Mayor to Preside - Temporary Absence of Mayor; Mayor
Temporarily Unable to Perform Duties. The Mayor shall preside at all meetings of
the Common Council, but shall not be entitled to vote..".~"" .." . ., "" ','ill
In the absence of the Mayor from any Council meeting, the Common Council
may choose one of their own number to preside over that meeting who shall
retain the right to vote upon all questions under consideration, and shall have the
s to dis order ma y the Co .. .
e 0 had if nt at t
a sence from th
s temporarily
I shall appoint 0
rs and authority
Mayor would have possessed i personally present an attending to suc duties,
~:':~~~'i;.i..t!~:e hi~~:r~votec~s~~t
_ (City Attorney Opinion No. 96-10; City Attorney Opinion No. 92-25; City Attorney Opinion
No. 92-10; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-10)
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.
(SootieR 3S Vias not appro'led at olootion he's dime 2, 1992)
Section 39. Power to Override Mayor. Any ellesljti'le order, directive
and/or decision of the Mayor made either formally or informally may be
overridden, amended, revised or withdrawn by two-thirds (%) vote ofthe Common
Council. (AfklerJ BY e.lestien he.lfl June 2, 1992) (City Attorney Opinion No. 96-10)
[Rev May 14, 2004 (11:30 AM)]Draft Document C - 7
Subjects of Legislation
Section 40. Powers of Mayor and Common Council. The Mayor and
Common Council of the City of San Bernardino, hereafter referred to as Council,
shall have the following enumerated powers.
(a) (Section Reserved) Purchase and Sale of Property. The text of Section
40(a) of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect 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;-
althol,l!ll'l tl'le efklAse sOAstitl,jtiA!I tl'le misElemeaRor be also:) violation of tl'le peRal
laws of the State.
~"'"'":'
(;;Xli
I~~~
o license for pu(. . ses of
ss, occupations ';, hows,
o fix the rate of lid!lilse ~
l~
(e) Taxes. Council shall have power to levy and collect taxes subject to
State law.
(f) (Section Reserved) Fire Department. The text of Section 40(f) of the
current Charter is not being changed in 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.
(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,
[Rev May 14,2004 (11 :30 AM)]Draft Document C - 8
(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. indeoent and immoral amusements and exhibitions
Q) (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.
(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
s nation
r
(0) City Prison Jail/Holding Area; Use of Inmates. Council shall have
power to provide a City prison jail/holding area and r-equire the prisoners
l,jnEler:gsing sentense fer misElemeansr to provide for the utilization of the
services of any person(s) sentenced by the court to perform such Ja.9aI:
community service as may be prescribed.
(p) (Section Reserved) Sewers. The text of Section 40(p) of the current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same
section designation.
(q) (Section Reserved) Bridges, Streets, etc. The text of Section 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, inssn;eratieR or
[Rev May 14, 2004 (11:30 AM)]Draft Document C - 9
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.
(t) (Section Reserved) Public Utilities. The text of Section 40(t) of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
(u) (Section Reserved) Public Works. The text of Section 40(u) of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
(v) 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 telegraph lines therein.
[Rev May 14,2004 (11:30 AM)]Draft Document
C -10
(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) De~ 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.
(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.
..... (In
, Attorney '."'lion No.
'10; City Attorney.... ..... ion No.
1-2; City Attorney 0 ion No.
-15; City Attorney.: ion No.
88-10) ~~;
~;t;<
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.
(SOCt.fOR 42 .'epo3kJd by e!estioFJ f:1e,1f! .^A3rcn 6, 1979)
(Sect.foR 45 rf)po3!ed by efestiQR hold M3rch 6, 1979)
Article IV
ExeGuti':e DepartmeRt
Elected Municipal Officers
Mayor
Section 50. Chief Executive Officer. The Mayor shall be the Chief
Executive Officer, and chief spokesperson, of the City of San Bernardino and a
citizen of the State of California who shall be at least thirty years of age and a
resident and qualified elector of the City for a period of at least thirty (30)
[Rev May 14, 2004 (11 :30 AM)]Draft Document C - 11
consecutive days next preceding the date of filing nomination papers for the office.
The Mayor snail salolse the strist enfersement ef all laws ana erainances within
his/her jlolrisaistiElR; 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. +Re
Mayor snail cause all tne books ami records of said departments, llearas, efficers
and perseRs to be kept iR legal and proper 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
recommend such measures as may be deemed beneficial.
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 provided for in this Charter; provided that in no case where a vacancy
has occurred and an appointment been made to an elective office, shall the officer
hold beyond the next general municipal election at which time an election shall be
held for that office so vacated to fill the unexpired term. In case of a vacancy in the
office of Mayor, the vacancy shall be filled by the Common Council by a majority
vote, and the appointee shall be a person meeting all of the requirements 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 vetoes. (As ameR(;Ied BY SfileGial elac/iGR Re!d SR juRe 3, 1958)
(City Attorney Opinion No. 96-10; City Attorney Opinion 93-19; City Attorney Opinion No. 92-18; City
[Rev May 14, 2004 (11 :30 AM)]Draft Document
C -12
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. Contrasts anEl Agreements Power to Dissharge or
SyspenEl Supervision by Mayor. The Mayor sRall see tRat all oontraots and
agreements with the City are faitRfylly kel'lt and fully I'lerfurmed, and to tRat end
shall oalolse legall'lrooeedings to be oommenoed and pr-esec",toa in tRB name of
the City against all I'lorsons or oorl'lorntions failing to fulfill tRoir agreements or
contraots, either in wRele er in l3aFt. FIe 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. ef all City offioers eleotea er al3l3einted, excel'lt Celolncilmen. He
shall have l3ewer te discRar.ge any City al'lPointive officer er eml3leyee, fer
ser-eliction, neglect or non l3erfermance of Slolty, excel'lt eml'lloyees in tRe classified
service, ana may SlolSI3Bnd any employees in the classified servise l3enaing a
hoaring befere tRe ci'/il service eoard. (1\6 sFReRfled by 6/3ac!sl alestieR hald eR Nal'aFRtJar
Cit Attorney 0 inion No. 96-1; City Attome Opinion No. 95-2' Cit Attome 0 inion No.
ey 0 . City Atto~ pinion N tt
Opi ity Atto 'nion No. ; I omey pm
ini Attorn n No.8.. City Attorney Opin
n
".,,;(
'.".'-+-'
'*1%
<.1y'~
ion 55. f1tsition - 0 - Salary. ( Reserved) of
Section 55(a) of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
(b) To be eligible to hold the office of City Attorney, the person elected or
appointed shall be an attorney at law, duly licensed as such under the laws of the
State of California, and shall have been engaged in the practice of law for at least
five (5) years prior to his/her election or appointment, and shall have been a
resident and elector of the City for a period of at least thirty (30) consecutive days
next preceding the appointment or the filing of nomination papers for election to
the office.
(c) In the event a vacancy shall occur in the office of City Attorney during
his/her term, such vacancy shall be filled by appointment by the Mayor and
Common Council, which appointment shall be valid until the next general
municipal election, at which time a City Attorney shall be elected for the remainder
of any unexpired term, or for a full term in accordance with Article II of this Charter.
[Rev May 14, 2004 (11 :30 AM)]Draft Document
C-13
(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 ofth.e 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.
(SeG/fon aafb) as amendes DY alas/f9nR9ls OR NO'iamBsr 2, 1f17(j; SestioR aa(c) as amSnG9S BY
9!er;;t!9R Raid OR ApFi! 12, 1f1aa; SSG/iOR aa(d) as amsf1f:Jed BY s!asmms hs!d AprY 13, 1f171 ans
.^!ovsmBsr II, 1(11111) (Scott v. Common Council (1996) 44 Cal.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)
(8ost,iOR 55(f) :md (g) ropeoJ{)(;J h]' eJectioR hold ,^Aaroh 6, 1979)
p the
ing to
eep a
ke all
s, but
kept
p ed a.m be ope lic inspec ing office hours. e/She
shall number and keep a record of all demands allowed and certified to him/her,
showing the date of approval, to whom the same is allowed, the nature of the
claim, and the fund out of which the same is payable. He/She shall issue all
licenses and countersign all warrants on the City Treasury, except warrants of the
boards, and shall do and perform all other acts required of him/herby this Charter,
or by ordinance, orwhich may be required of him/herby the Mayor and Common
Council. (As amsf1f:Jes by slsG/leR Rsls Fsbruary 4, 1f1(jfl) (City Attorney Opinion No. 90-31)
City Assessor
(8ostioFl 65 FopeoJed DY o,lfJGtion no,ld OR the ,r;:fJDrUOf)' 6, 1973)
Treasurer
Section 70. Duties. The Treasurer shall receive and payout all moneys
belonging to the City, and shall keep an account of all receipts and expenditures,
under such rules and regulations as may be prescribed. He/She shall make a
monthly statement to the Mayor and Common Council of the receipts and
expenditures of the preceding month, and shall perform all duties required of
him/herby law and the Mayor and the Common Council. He/She shall not payout
[Rev May 14, 2004 (11 :30 AM)]Draft Document
C - 14
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
Caf.App.4th 684,696)
(Section 75 (-opeD/cd by e.lection held Feb(/;JDfY e, 1973)
(Sest"fJR 80 r-opaD/cf1 By e.lestion held ,'\'ovombo( 2, 1976)
(Section fJ1 r-ope31od by O/oct-ifJR haf.fJ Nfwember 2, 1976)
(SeGtion 82 rcpeD!cd Ii)}' a/astian ha.ld No'/embo,r 2, 1976)
(Section 85 ropeD,led by electien ha/d ".la'/ember 2, 1976)
(Secf.ion 86 rope3,led by election hald NO'lembor 2, 1976)
(Seetien 87 ropo3,led by election hold November 2, 1976)
~!~
atlris. The May
appoint, subject to confirmation by the Common Council, a City
Manager who shall be the chief administrative officer of the City. The
City Manager shall be responsible for the administration of all City
departments except the Offices of the Mayor, City Attorney, City Clerk,
City Treasurer, the Water De artment, the Free Public Libra and the
Civil Service S stem.
The Mayor shall appoint the person deemed best qualified
on the basis of executive and administrative capabilities, giving
preference to candidates with management experience, and knowledge
of accepted practices with respect to the duties of the office as set
[Rev May 14,2004 (11 :30 AM)]Draft Document C - 15
forth in this Charter.
Section 101. Assistant City Manager. The City Manager shall
have the power to appoint, with the confirmation of the Mayor and
Common Council, an Assistant City Manager, who shall be empowered
to perform all duties of the City Manager in the event of the absence or
disability of the City Manager and such other duties as the City
Manager shall direct. The Assistant Manager shall serve at the
pleasure of the City Manager.
Section 102. Authority and Duties of the City Manager. The City
Manager shall have the following authority and duties:
(a) To direct and exercise immediate supervision over the
administration of all Manager-directed departments of the City;
ified
such
arter,
t the
o the
(c) To ensure, in cooperation with the Attorney General,
District Attorney, City Attorney, Police Chief and Fire Chief, that all
laws, ordinances, orders, resolutions, contracts and franchises are
enforced and executed;
(d) To attend all meetings of the Mayor and Common Council
or council committee meetings, and to have the right to participate in
the discussion without vote;
(e) To prepare and submit the annual budget and to keep the
Mayor and/or the Mayor and Common Council fully advised as to the
financial condition and needs of the City, including the filing of annual
and interim financial reports;
[Rev May 14, 2004 (II :30 AM)]Draft Document C - 16
(f) To submit such reports as the Mayor and/or the Mayor and
Common Council may require concerning the operations of Manager-
directed departments, and to recommend to the Mayor and Common
Council the adoption of measures deemed advisable;
(g) To perform such other duties as are specified in the
Charter, by law or required by the Mayor and/or the Mayor and
Common Council;
(h) To confer regularly with the Mayor, to implement the
policies of the Mayor and Common Council as directed by the Mayor
and to keep the Mayor informed of any issues, events and
controversies that may arise; to be responsible for the implementation
of the Mayor's policy directives and to insure that those directives are
acted upon by all supervisors and employees in the Manager-directed
departments of the City;
City
fany
ladv
vic
ad
o
n
it
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;
(j) To confer regularly with the City Treasurer on financial
issues, to obtain the financial advice of the City Treasurer and to
carefully consider that advice, and to keep the Treasurer informed of all
financial matters and to immediately notify the City Treasurer of any
important financial issues or difficulties that arise.
Section 103. Vacancy. Whenever a vacancy occurs in the office
of the City Manager, the Mayor shall proceed immediately to appoint a
City Manager, subject to confirmation by the Common Council. Until a
City Manager is appointed and has assumed the duties of the office,
the Assistant City Manager shall be designated as Acting City Manager.
[Rev May 14, 2004 (II :30 AM)]Draft Document C - 17
He/She shall perform all of the duties of City Manager and be vested
with all the powers of City Manager as set forth in this Charter. The
Assistant City Manager shall continue in the position. of Acting City
Manager, subject to the Mayor's authority to remove the Acting City
Manager, until a new City Manager has been appointed and has
assumed the duties of that office.
Section 104. Mayor and Common Council's Authority Over the
City Manager and Other City Employees. Neither the Mayor nor any
member of the Common Council, nor any other elected City official, nor
the Common Council, nor any of its committees or members shall
dictate or attempt to dictate, either directly or indirectly, the
appointment of any person to office or employment by the City
Manager, or in any manner interfere with or prevent the City Manager,
from exercising judgment in the appointment of officers and employees
in the administrative service. su;ept for the purposes of iRquiry 3RdIor
.. . .
ncil Me, er.
e Officdl,J t
e City'lna r, e
;illf,iJ; ii(.~ ,_-"
. ~ .
v'n 10~' Non- .cials. No perS^Ib who
h lecte&ffice in ity, be une 1, 1987, lid 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.
(ArtIste '/ .~epea!efi by etestion held February 6, 1973)
Article VI
Mealth Department
Reserved
. (ArtIs.le 'I.' T-epealed by eJection hole Fobr/;/ary 6, 1973)
Article VII
Initiative, Referendum and Recall
Section 120. The Initiative. Any proposed ordinance may be submitted to
[Rev May 14, 2004 (11:30 AM)]Draft Document C - 18
the Common Council by a petition signed by qualified and registered electors of
the City equal in number to the percentage hereinafter required. The signatures to
the petition need not all be appended to one paper, but each signer shall add to
his/her signature his/her place of residence, giving the street and such other
identification as may be required by the registration law. One of the signers of
each such paper shall make oath before an officer qualified to administer oaths,
that the statements therein made are true, and that each signature to the paper
appended is the genuine signature of the person whose name purports to be
thereunto subscribed. Within ten days from the date offiling such petition, the City
Clerk shall examine and from the great register ascertain whether, or not, said
petition is signed by the requisite number of qualified electors and if necessary, the
Council shall allow him/her extra help for that purpose, and he/she shall attach to
said petition his/her certificate showing the results of said examination. If, by the
Clerk's certificate, the number of signatures on the petition is shown to be
insufficient, it may shall be ameR€le€l '/Iithin ten €lays from the date of said
certificate returned forthwith by the Clerk to the filer(s) thereof who shall have
an additional ten (10) days from the date the petition is returned to them by
the Clerk, to obtain the required number of signatures. The Clerk shall, within
te s after ad . 'onal ten . .
a at exami of
hi' ercerti e s ame t sufficie
F':;.}
p~rr$on filing ice, h to the
s,,!)e effect. I e fou ffici
,k,~
saiTle to the ay.
g;Si
e
(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,
(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
[Rev May 14, 2004 (1l:30 AM)]Draft Document C - 19
ordinance) and "Against the Ordinance," (stating the general nature of the
proposed ordinance). If a majority ofthe qualified electors voting on said proposed
ordinance shall vote in favor thereof. such ordinance shall thereupon become a
valid and binding ordinance ofthe City; and any ordinance proposed by petition, or
which shall be adopted by a vote of the people, cannot be repealed or amended
except by a vote of the people obtained in like manner.
Any number of proposed ordinances may be voted upon at the same
election. In accordance with the provisions of this section; provided that there shall
not be held 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 same section designation.
Section 122. The Recall. Proceedings may be commenced for recall ofthe
h elect"' this City t.~e ele . u~!!... .~ji!
h b the se filing a ~"f!?~.. t:!'Of
lat ion. S ceedi may not be co ~'.'eenced
er less, e of mencement; tyolder
r a days all p een filet.. I.'. ,.gainst
in t six titio g the re,,' ofthe
be II be e Clerk. The peti., shall
t Ie nt 15%) of the vot~ of the
ase City . Councl, .e relected by warClWenty-
fi ercent (25%) 0 the voters 0 t at ward. accor"di to the County CI~os last
official report of registration to the Secretary of State. No signature may be affixed
to the petition until the proponents have served, filed and published a notice of
intention to circulate a recall petition. containing the name of the officer sought to
be recalled and the title of his/her office, a statement in not more than 500 words
of the grounds on which the recall is sought, and the name and address of at least
one. but not more than five proponents. The notice of intention shall be served.
personally or by certified mail, on the officer sought to be recalled, and a copy
thereof with a certificate of the time and manner of service shall be filed with the
clerk of the legislative body. Within seven (7) days after the filing of the notice of
intention. the officer sought to be recalled may file with the City Clerk an answer in
not more than 500 words to the statement of the proponents and if an answer is
filed, shall serve a copy thereof. personally or by certified mail, on one of the
proponents named in the notice of intention. At the time the proponents publish
the notice and statement referred to above, the officer sought to be recalled may
have the answer published at his/her expense. If the answer is to be published the
officer shall file with the City Clerk at the time the answer is filed a statement
declaring his/her intent that the answer be published. The statement and answer
are intended solely for the information of the voters and no insufficiency in the form
or substance thereof shall affect the validity of the election or proceedings. The
[Rev May 14, 2004 (II :30 AM)]Draft Document C - 20
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.
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 GUy. 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. My-
person sought to be r:emo>:ea FRay 13e a sanaiaate te sllsseea t-liFRself ana, Ilnless
t-le reElllests ett-lorwise, in writing, the City Clerk shalll3laoo t-lis naFRe en tt-le effisial
ballot withollt nOFRination.
[Rev May 14, 2004 (11 :30 AM)]Draft Document C - 21
. On or
ersh
stirn
anci
nt r
~ ern tindetai " . ngSpeCifi~; necessitiesofe, 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 1
required to be levied and raised by taxation in order to meet the necessities of :.t-
each specific fund for such fiscal year. (Scott v, Common Council (1996) 44 CalApp.4th H ~
684,696; City Attorney Opinion No. 92-10) ~
Section 131. (Section Reserved) Ordinance To Be Passed. The text of (r'
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.
?
%
~.
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 highest number of votes shall be declared elected. /\t such
election, if some other perseR tRaA tRB iAGumbent receives the highest Aumber of
votes, tThe incumbent shall thereupon be deemed removed from the office upon
qualification of his/her successor. In case the party who received the highest
number of votes should fail to qualify within ten (10) days after receiving
notification of election, the office shall be deemed vacant. If the incumbent
recei'Jes tRe Righest Rumber of votes helshe shall continlJe in office. The
successor of any officer so removed shall hold office during the unexpired term of
h is/her predecessor. (As ameR(~ed BY elestion lJeJd June II, 1f176)
Article VIII
Revenue and Finance
Section 132. (Section Reserved) Ex-officio Assessor and Tax Collector.
The text of Section 132 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 133. (Section Reserved) Indebtedness for Municipal
Improvement. The text of Section 133 of the current Charter is not being changed
in any way by this Charter and shall continue in full force and effect under this
[Rev May 14,2004 (11:30 AM)]Draft Document C - 22
(
"
f1
~
~/
Article in this Charter with the same text and same section designation.
Section 134. (Section Reserved) Sewer Service Charges. The text of
Section 134 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 135. (Section Reserved) Demands Against City. The text of
Section 135 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
(Seeti0n 136 ,repealed by election ho,'fJ .~abr{}ary 4, 1969)
(Section 137 ,"efJaalod by elvctian held February 4, 19(9)
(Section 13B repeatod by a/eclion heifj February 4, 19(9)
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 repea!ed by eiootioR he!d F-obruary e, 1973)
(Section 142 refJea,lod by aleetion he/d F-obruary 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.
(Seet-ion 144 repealed by etoetion held February e, 1973)
(Seetion 145 repealef1 by etoetion held February e, 1973)
Section 146. (Section Reserved) Water Fund. The text of Section 146 of
[Rev May 14, 2004 (11 :30 AM)]Draft Document C - 23
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.
(Seotion 147 ropoD/cd by e.1ootion he.1d FebnJ3ry 6, 1(73)
Section 148. (Section Reserved) Library Fund. The text of Section 148 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 149. (Section Reserved) Sewer Fund. The text of Section 149 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
(Section 150 mpe::J.1ed br e.1estion f:le!f1 F-oOrfJDry 6, 1(73)
A~~; ,
A_~
~~ atefep~rtm
on 16~Water Co f~ioners - T Office - Qualiti ions-
Duties. There is hereby created a board consisting offive 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 person shall
[Rev May 14, 2004 (J 1 :30 AM)]Draft Document C - 24
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
April 13, 1(71) (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. Oath of Office. Before entering upon the duties of his/her
office, each member of the Board of Water Commissioners shall make and
subscribe before some officer authorized by law to certify oaths, the same oath of
office required of other City officers. (City Attorney Opinion No. 94-3)
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
w text' ction de~l:tation.
~~r'illi*;:
he Boarl:l'~t Wate
!~;Wr :;31')
a
'L~i;
, ';~'ij:j~, e~T
J~'~~s, c ct all rentals froM water
o;'troC~I.nag,ilrenew, repair anl~xtend
"'i:;'tL ;~It:Kt L;;,fj
is
::"-':1\
H:tlki
ereby
kJt.,\.,,~.+.'
TH!'::'; <<<Di'
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. (As amaFJood BY aleetieR RaJG.'una 4, 1(174) (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 May 14, 2004 (11 ;30 AM)]Draft Document
C -25
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. (Section Reserved) Map Of Water System And Service.
The text of Section 166 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 167. (Section Reserved) Financial Condition Of Water
Department, Etc. The text of Section 167 of the current Charter is not being
he City Clerk shi,{ [,be ex-
ceedinglT. ereof;
oceedmgs unde~',.. is/her
adopted and pro,,::., ed by
~ ~ I
ection 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.
o
a
h
s
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.
[Rev May 14, 2004 (11 :30 AM)]Draft Document C - 26
Article X
Police and Fire Departments
Section 180. Powers of Mayor and Common Council. The police and fire
departments shall be under the centrel and management of the Mayer and
Cemmon Cellnsil.....ho the general supervision of the Mayor. The City Manager
shall be the immediate supervisor of the Chief of Police and the Chief of the
Fire Department. Neither the Mayor nor the City Manager shall interfere or
attempt to interfere with the discharge of those duties of the Police or Fire
Chief(s) the performance of which are required by law.
The Mayor and Common Council shall have power upon the
recommendation of the City Manager FIRST 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 aRd
enferse penalties for violations thereof; subject to the civil service provisions of this
C
R.I ,,,",, ',,' I I ,.1
papers ana aesllments Befer-e tRem which sllBlleenas shall be signea l:ly tRQ
Mayor, or etRer presiding emser sf tRe COllncil, ana service as r-equirea BY la'}}, in
case of sllBlleenas from the Sllllerier Ceurt, and tRe sertificate of service of a
sUBlleena by a police FRan sRall be proof tRereef; and on failur-e, er refllsal to
attend as required BY sllch subpoenas, tRe J:lerson, or J:lersons, se effending shall
be sllBject te tRe saFRe J:lenalties and J:lunishments by said COllncil as are
pressriBea l:ly law for like effenses in superior cellRS. The Mayer, er any FRember
of the COllncil, may aaFRinister oatRs, er affirmations, in tRe senallct of such
investigations. 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.
THIRD: To maintain a fire alarm ana polise telegraJ:lh, or telephone, and manage,
or centrel tRe same, and to appeint tRe sUJ:lerintendent tRer-eef in like manner as
etRer emJ:lloyees ef tRe police and fire aepartFRents.
(As ameRGed 9:1' Sflgeial e/eG!i911 Re!d Ne'IGIRBef 4, 1924) (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 sooA as many ranking officers, police
[Rev May 14,2004 (11:30 AM)]Draft Document
C - 27
officers and other polisemen employees as the Mayor and Common Council
may from time to time determine. (As amaRi/ad hj.' eleGtien Reid Ne\'8ml3e.' 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
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. guilty of viol(ltieAs af tl=le
same. He/she shall also have charge of the City jail !lriS9A, 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.
. (City Arney Opini -' "ty
he Fire Departm:" t shall
t and a;1' many
ters arit other
!<2f
ityAttorneyOpinion~. 91-21)
;;1~:
"".
..'. .e Mayor shall apBoint a
e Fire' epartme bject to . Jlproval of the dilnmon
The Chief of the Fire Department shall have the powers and duties
that are now or that may hereafter be conferred upon chiefs of fire
departments by the laws of the State, and such powers and duties shall in all
respects be promptly executed by the Fire Chief and by authorized
personnel in the Fire Department; and he/she shall perform such other
duties as may be prescribed by the Mayor and Common Council or by the
City Manager.
Section 184. Supervision of Mayer aREI CeuAGiI City Manager Over
Funds, Moneys Etc. SaiEl Mayor (lAd Common Counoil 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
[Rev May 14, 2004 (11:30 AM)JDraft Document
C - 28
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 139wer=s ana
control the responsibility over these departments vested in them by this Charter
shall hereafter be guided and limited by the following provisions:
FIRST: Classification
The following classes of positions are hereby created in the Fire
Department and Police Department of the City of San Bernardino, and the code
numbers, titles, and salaries as hereinafter set forth are hereby established and
fixed for such classes of positions. The letter "P" represents "Position" and the five
steps in Positions 1,2 and 3 being represented by the letters "a," "b," "c," "d" and
"desi. first six nths of . . t .
e folio eightee
nating ird yea
e fo ar of
g the all s
mad' cally
e de hi
pi . . d in th d
ive fQlpis/hers ..siti the applicable re: ective
ra s of co~nsation p ed for the as which his/her p3'~tion is
allocated. Additional titles may be established by the Mayor and Common Council,
upon the recommendation of the City Manager, but only titles for Local Safety
members of the Police and Fire Departments shall be placed in one of the
following classifications having the most nearly equal duties and responsibilities.
Local Safety members of the Police and Fire Departments shall mean any local
policeFl'13n police officer or local fireman firefighter as defined under the
provisions of the Public Employees Retirement System Law as specified in the
California Government Code or amendments thereto.
Class of Position
Classification
Number
Title Title
Fire Department Police Department
P1 (Steps a,b,c,d,e)
FiremeA , Battalion Chief Aide Patr-elmaA, PeliG8wemaA
Firefighter 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)
Engineers Sergeants
[Rev May 14, 2004 (11 :30 AM)]Draft Document
C - 29
P4
Captains, Assistant Fire Lieutenants
Prevention Engineer
P5
Battalion Chiefs, Drill
Master, Fire Prevention
Captains, Superintendent
of Records and
Engineer
Identification
P6
Assistant Chief
Assistant Chief
P7
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.
ffic enf
such duties d
lars per month in
d pay for motorc
nt and the perio
(b) Police and Fire Departments: Any Local Safety member of the Fire and
Police Departments temporarily acting in a position in a higher rank during periods
of absence of the incumbent or during a vacancy in the position for more than ten
(10) consecutive working days or five consecutive shifts, shall receive the same
salary for the higher rank to which he/she would be entitled, were he/she
promoted to that rank during the period in which the employee is acting in the
higher rank. The Chief of the department in which the assignment to the higher
rank occurs shall certify as to the assignment and the period of time worked in the
higher rank to validate entitlement to the salary of the higher rank.
(c) Fire Department - Paramedics. The Mayor and Common Council, upon
the recommendation of the City Manager, may authorize additional salary to be
paid to local safety members of the Fire Department, assigned to duty as
paramedics, during the period of such assignment.
(d) Fire and Police Departments-Education/Longevity Incentive Pay. The
Mayor and Common Council, upon the recommendation of the City Manager,
[Rev May 14,2004 (1 1:30 AM)]Draft Document
C - 30
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.
FOURTH: 'Nerk Week
(Ropoalos by election hels JUAe fl, 1976)
~
(Repoaled by oloction hold JUAe fl, 1976)
~'<0owing
']!g:
~,"',
~Glt
t, excel" or the
bers working i. e Fire
ns as may her' er be
n of the Commo 1'1: ouncil
u comm dation 0 ity Manag !i!': .
(,~s amaRI/ad by a.laGtisRS Ra!d April 12, 191313, .':abr~ary 6, 1973, _luRa 8, 1976, .-,fay13, 1981, aRd
MaroR a, 1986) (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 Attorney Opinion No. 90-11; City Attorney Opinion No. 89-21; City Attorney Opinion No. 88-11)
Article XI (Article Reserved)
School Districts
Section 190. (Section Reserved) Definition. The text of Section 190 of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
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
[Rev May 14, 2004 (11 :30 AM)]Draft Document C - 31
. ".
in full force and effect under this Article in this Charter with the same text and
same section designation.
Board of Education: Term, Election
Section 192. (Section Reserved) Terms of Office - Election. The text of
Section 192 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Vacancies
Section 193. (Section Reserved) How Filled. The text of Section 193 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 194. (Section Reserved) Meetings. The text of Section 194 of the
,~i'
;ij;ti
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 206. (Section Reserved) Trustees - No compensation. The text
of Section 206 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 207. (Section Reserved) Library Tax. The text of Section 207 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
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
[Rev May 14, 2004 (11 :30 AM)]Draft Document C - 32
. .).
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 209. (Section Reserved) Title to Real and Personal Property.
The text of Section 209 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 210. (Section Reserved) Meetings. The text of Section 210 of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
Section 211. (Section Reserved) Powers of Board. The text of Section
211 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
i~,:Ai;;
::~
",,,Si( i/:iSi
illiDE <:pi<
"tiP'::?;\;'
n 21 Section d) Memb - Drm of Office. TtJtext of
Section 213 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 214. Appointment. Each Councilman Council Member shall
appoint one commissioner whose term shall coincide with that of the appointing
councilman Council Member and the Mayor shall appoint two (2) commissioners,
one of whom shall initially have a two (2) year term coinciding with the term of the
Mayor and the other shall have a four (4) year term commencing on the second
Monday of May, 1969. Thereafter, each Mayor and each Councilman Council
Member, upon assuming office, shall appoint one member to the Commission for
a four (4) year term. Any vacancy occurring for any reason shall be filled in the
same manner as the original appointment. (,45 amended BY eJestic:m RaJ4 FeBruary 1,
W69}-(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) oounsilmen Council Members, and upon
[Rev May 14, 2004 (11 ;30 AM)]Draft Document C - 33
. I'.
any such removal the vacancy shall be filled as aforesaid for the unexpired term.
(As afRfiRfJeri b}' filestieR Rfilri Ffib:'.J81}' 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
thereto to the Mayor and Common Council and to the City Manager.
(c)
this
f14A'f!
~lI
Sect' 21~JSectio
rent \IIarter is
s ue in fulf1brce and e c
text and same section designation.
)i~;
:l~\ - ~;;i~
o qQuncil. The text ot.:section
al way by this Ch.r and
Ie Ilithis Charter with tl\~ same
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.
Section 221. Definitions. City defined. City: The word "City" wherever it
occurs in this Charter, unless it expressly appears otherwise, means the City of
San Bernardino.
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
[Rev May 14,2004 (11 :30 AM)]Draft Document C - 34
. ,'..
take notice of the fidelity and exactitude or want thereof, with which the
person/department/public institution being supervised executes his/her/its
duties and obligations, especially in the collection, administration and
disbursement of public funds and property. Any defamation or willful
neglect of duty or official misconduct shall be laid before the Common
Council in order that public interests may be protected and the
person/department/public institution in default proceeded against according
to law.
Immediate SUDervisor: 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.
Manaaer-Directed DeDartments of the City: All City departments
except the Offices of the Mayor, City Attorney, City Clerk and City Treasurer
Civil Service Administration: The Civil Service Chief Examiner and
those employees who work under his/her supervision.
Civil Service System: The Civil Service Board, the Chief Examiner, the
employees supervised by the Chief Examiner, the functions and work
products of the Civil Service Board, the Chief Examiner and the employees
he/she supervises.
Current Charter: The Charter adopted by the voters on January 6,
1905, and all amendments thereto, beginning with those approved on
December 28, 1908, through November 5, 2002, and any other amendments
that may be adopted prior to the effective date of this Charter as provided in
Section 244, herein.
This Charter: This document and its full text.
[Rev May 14, 2004 (11:30 AM)]Draft Document C - 35
. "'I
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 ofthe 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 224 mpoa.lod by spec-fa! e.'~ctif)f1 he.'d Apr},' 11, 1921.)
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 designation.
Section 227. (Section Reserved) Office Hours. The text of Section 227 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
(SoQtion 228 repoa!cd DY e.'eotion hold ,~ODrfJary €i, 1(73)
Section 229. Deposit of Money. It shall be the duty of every City officer,
upon receiving into his/her hands money belonging to the Municipality, to forthwith
deposit the same with the City Treasurer, except where otherwise provided by this
Charter.
[Rev May 14, 2004 (II :30 AM)]Draft Document C - 36
. ., ,
Section 230. Term of Office. Every elective or appointive officer of the City
shall hold office during the term prescribed by this Charter, and until his/her
successor is elected or appointed and qualified, and every appointive officer or
employee, except employees in the classified service, whose term is not fixed,
shall hold office during the pleasure of the officer or board appointing him/her, and
when an appointment is made to fill a vacancy in an unexpired term, the person
appointed shall, if it be an appointive office, hold for the unexpired term and if for
an elective office until the next succeeding general municipal election, at which
time the office shall be filled for the balance of the term by an election. (As
amended by special election held November 4, 1924.)
(Section 231 r-opea.led by Gleetien f:1GkJ ,c=obrl:Jary 6, 1971)
(SoctioR 232 r-efJaalcd by a/action nald Fabrl:Jary 6, 1973)
(Soction 233 r-DfJealcd by aloction f:1a!d Marcn 6, 1979)
tk~'
cers, The>,itext of
. . Y by thi~l.harter
Ie In this Charterr~lth the
~Ht!
U'...
y"'"
triw::
(Section 237 ropea/cd br e/ection f:1okJ F-ebrl:Jory 4, 1969j
Section 238. (Section Reserved) Power to Reject Bids and Readvertise.
The text of Section 238 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
(Section 239 ropao/ad by a/action f:1e.'d Februory 6, 1973)
Section 240. (Section Reserved) Taking or Damaging Private Property.
The text of Section 240 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 241. (Section Reserved) Employment of Legal Counsel. The
text of Section 241 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
[Rev May 14,2004 (11:30 AM)]Draft Document C - 37
. ., ,
Section 242. (Section Reserved) Qualifications of City Employees and
Appointment. The text of Section 242 of the current Charter is not being changed
in any way by this Charter and shall continue in full force and effect under this
Article in this Charter with the same text and same section designation.
(Section 243 repeaJod by election Re,ld NO'lOmber 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
s rtment ther offic within
P~~,.
;~~n
fR(,j
Section 244. When Charter Takes Effect. This Charter shall take effect
frsR'l aREI after its approval by the Legislature of the State of California. This
Charter shall take effect on the day of the swearing in of the Mayor for the
2006 to 2010 term" Office. Mayor, but notwithstanding the foregoing,
this Charter shall take effect no later than April 3, 2006.
Section 245. S1fllilii~~;t;m'.llil?~;..<L~~llf~.j!~~'Il'+.
~!I~fT_UBi!Hmt__t,~WU;lillil'.~~WJIi":l~",.~.ift
Notwithstanding the effective date of this Charter provided in Section 244
herein, the provisions of Sections 120, 122 and this Section (245) shall take
effect when accepted and filed by the Secretary of State as amendments to
the current Charter; subsequently, Sections 120, 122 and 245 herein, shall
continue in full force and effect under this Article with the same text and
same section designations in this Charter, when this Charter takes effect as
provided in Section 244 herein.
Section 246. (Section Reserved) Civil Service Board. Appointment. The
text of Section 246 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
[Rev May 14, 2004 (11130 AM)]Draft Document C - 38
. .. .
Section 247. Civil Service to Organize and Appoint Secretary.
Immediately after appointment and qualification the Board shall organize by
electing one of its members chairperson chairR'laA. The Board shall appoint a
Chief Examiner who shall also act as Secretary of the Board. The Board may
appoint such subordinates as the City Council may, by ordinance, prescribe. fAs
added 9y &pes!ll/e,'sst!eR held Ns'/emoer 4, 1 fJ24.) (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)
(b)
(c)
All officers elected by the people;
All officers appointed for a definite term;
All deputies and assistants of elective officers who hold office
rin e pleasure of such elec iv .
er, Ass. t City
nts City M
f dep ts, an
and of al
etary fo art
anag
ger;
e heads of div . .... ns of
boards~k~i
ne secrJlry for
fi
""'VI
~~.
., ~ II compn$s. a ositions not spl~ifically
in is Cha r in the url~fa fied servict~~ih shall be in the c1\Yssified
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,
managerial, professional or educational character, or may be
determined by the rules of the Board.
(c) The labor class shall include ordinary unskilled labor.
(As asrJed or &peG!a/e!estion he,'!! Nel'SmBe," 4, 1fJ24) (City Attorney Opinion No. 97-1; City
Attorney Opinion No. 93-7; City Attorney Opinion No. 91-18; 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.
[Rev May 14,2004 (11:30 AM)]Draft Document
C - 39
" l I ..
Section 250. (Section Reserved) Codes of Rules and Regulations. The
text of Section 250 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article with the same
text and same section designation.
Section 251. (Section Reserved) Examinations. The text of Section 251
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 252. (Section Reserved) Promotion to Positions. The text of
Section 252 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 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 hislherown defense. The reason for such discharge
or reduction and any reply thereto by such employee, shall be in writing and filed
with the Civil Service Board. Verified written charges may be filed by any qualified
elector of the City of San Bernardino under such rules and regulations as may be
prescribed by the Civil Service Board. All charges shall be heard and trials had
under such rules as the Civil Service may prescribe. PROVIDED, that the
provisions of this section are at all times subject and subordinate to the provisions
of Section 256. (.~.s added BY speG!a! e.leGt!Gn he.la NG'/emtJef 4, 1921) (City Attorney Opinion
No. 97-1; City Attorney Opinion No. 96-9; City Attorney Opinion No. 96-5; 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
[Rev May 14, 2004 (11:30 AM)]Draft Document
C - 40
.. '_ J ..
from a department by the City Manager or by the Head of the Department, or by
any other authorized supervisor, may appeal from the decision of such officer to
the Civil Service Board, and such Board shall define the manner, time and place
by which such appeal shall be heard. The judgment of such board shall be final;
PROVIDED that the provisions of this section are at all times subject and
subordinate to the provisions of Section 256. (As afkl6d by &fIeGia! eleGtion Raid
Ns'/embar 4, 1(21) (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 smear sr eR'lployee 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, and except
. .
the'
~~
Com,
"f?_~
~~ ~~
AnlliPe or any emplode in the
un ..ssi 5, officers app'lll)1ted for a
""ite tits, clerks, emp.yees, and
ches aIding 0 t the pIe rabf an elective dfijcer, may
summarily be dismissed for the good of the service by the City
Manager with the consent of the Mayor and Common Council. (.^.s afkl6d
by &fIec!aleleGtiun Re!d NUI'umber 4, 1(124) (Livingstone v. MacGillivray (1934) 1 Cal2d 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 current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 258. (Section Reserved) Payment of Salaries. The text of Section 258 of
the current Charter is not being changed in any way by this Charter and shall continue in
full force and effect under this Article in this Charter with the same text and same section
designation.
Section 259. (Section Reserved) Investigations. The text of Section 259 of the
current Charter is not being changed in any way by this Charter and shall continue in full
[Rev May 14, 2004 (11:30 AM)]DraftDocument C - 41
... t ,J ..
force and effect under this Article in this Charter with the same text and same section
designation.
(-SsstfQ(-I 260 added by spaci:1J aJaction haid ,f\(Q';.ombor 4, 1924, ,mcJ ::opaa/od
by a/action haid Fabru:Jf)' 6, 1973)
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
sha~' . in full effect in Charte~ilJits~lJl?/ifl me
desl \i:f;;kZ;;;;Ii;';"{0~H1;t!ql
h~';;j
,",""
1;
;c;.':;
[Rev May 14,2004 (11:30 AM)]Draft Document C - 42
#
"
t~{P1f
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A
3 PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF
SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED
4 WITH THE NOVEMBER 2, 2004 STATEWIDE PRESIDENTIAL GENERAL
ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Recitals.
8
(a)
In accordance with the Constitution of the State of California, the City of San
9 Bernardino, a municipal corporation, has adopted a Charter.
10
(b)
The Mayor and Common Council of the City of San Bernardino desire to submit to
II the qualified electors for their consideration a new Charter for the City of San Bernardino, a copy
12 of which is attached hereto as Exhibit A and is hereby incorporated herein as though fully set forth.
13 SECTION 2. Special Municipal Election Called. A special municipal election is hereby
14 called and will be held in the City of San Bernardino on Tuesday, November 2, 2004, for the
IS purpose of voting on the adoption ofa new Charter for the City of San Bernardino.
16 SECTION 3. Reauest for Consolidation of Elections. Pursuant to Section 10400 of the
17 Elections Code, the Mayor and Common Council of the City of San Bernardino request that the
18 Board of Supervisors of the County of San Bernardino consolidate the City's special municipal
19 election with the statewide presidential general election to be held on Tuesday, November 2, 2004.
20 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
21 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be
22 closed, except as provided in Section 1440 I of the California Elections Code.
23 SECTION 4. Canvass of Returns. The Registrar of Voters of the County of San
24 Bernardino is hereby authorized to canvass the returns ofthe special municipal election so called and
25 to conduct the special municipal election in all respects as if there were only one election with only
26 one form of ballot. Results of the special municipal election shall be certified to the Mayor and
27 Common Council of the City of San Bernardino.
28
-=tF:<1 +-5-(
j'J7/orf
k1
,
,
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A
3 PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF
SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED
4 WITH THE NOVEMBER 2, 2004 STATEWIDE PRESIDENTIAL GENERAL
ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
5
6 SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice of
7 the special municipal election which shall contain the following:
8
9
10
The time of the election.
A.
B.
C.
The Charter measure to be voted upon.
The hours the polls will be open.
11 SECTION 6. Conduct of Election. The special municipal election so called shall be held
12 in such precincts and at such polling places as shall be determined by the Registrar of Voters of the
13 County of San Bernardino. The Board of Supervisors of the County of San Bernardino is hereby
14 requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding
15 of the consolidated election. The Mayor is hereby authorized to execute a contract for the services
16 necessary for conducting the special municipal election. The City of San Bernardino recognizes that
17 additional costs will be incurred by the County by reason of this consolidation and agrees to
18 reimburse the County for any such costs.
19 SECTION 7. Filinl! of Resolution. The City Clerk of the City of San Bernardino is
20 directed to file a certified copy of this resolution with the Board of Supervisors ofthe County of San
21 Bernardino.
22 III
23 /II
24 III
25 /II
26 III
27
28
2
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A
3 PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF
SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED
4 WITH THE NOVEMBER 2, 2004 STATEWIDE PRESIDENTIAL GENERAL
ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a
meeting thereof, held on
8 day of
9 Council Members:
10 ESTRADA
II LONGVILLE
12 MCGINNIS
13 DERRY
14 KELLEY
IS JOHNSON
16 MCCAMMACK
17
18
, 2004, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
19
20
The foregoing resolution is hereby approved this
,2004.
day of
21
22
JUDITH V ALLES, Mayor
City of San Bernardino
23
24 Approved as to form and
legal Content:
25
JAMES F. PENMAN,
26 City Attorney
27 By: L 1. p~
o
28
3
,
I
2
3
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
RESOLUa~
RESOLUTION OF THE CITY ~SM1(;Ai>INO PROPOSING A
NEW CITY CHARTER.
5
6 SECTION 1. Recitals.
7
(a)
In accordance with the Constitution of the State of California, the City of San
8 Bernardino, a municipal corporation, has adopted a Charter.
9
(b)
The Mayor and Common Council of the City of San Bernardino desire to submit to
10 the qualified electors for their consideration a new Charter for the City of San Bernardino, a copy
II of which is attached hereto as Exhibit A and is hereby incorporated herein as though fully set forth.
12 SECTION 2. Submittalto Electors. The attached proposed new Charter of the City of San
13 Bernardino is submitted to the qualified electors of the City of San Bernardino for their approval or
14 rejection at the consolidated special municipal election to be held on Tuesday, November 2, 2004.
15 If approved by the qualified electors, the provisions of the new City Charter shall take effect on the
16 day of the swearing in of the Mayor for the 2006 to 2010 term of office for Mayor, but
17 notwithstanding the foregoing, the new City Charter shall take effect no later than April 3, 2006,
18 with the exception that the provisions of Sections 120, 122, and 245 shall take effect when accepted
19 and filed by the Secretary of State as amendments to the current Charter; subsequently, Sections 120,
20 122, and 245 shall continue in full force and effect with the same text and same section designations
21 in the new City Charter, when said new City Charter takes effect as set forth previously in this
22 paragraph. The current Charter is hereby repealed by operation oflaw upon the date the new City
23 Charter takes effect, except that the text in those articles, sections, categories, and subparagraphs in
24 the current Charter which have been reserved by the new City Charter are not repealed nor otherwise
25 amended by the new City Charter and shall continue in full force and effect in the new City Charter
26 in their same text and same designations.
27 PROPOSED NEW CITY CHARTER.
28 It is proposed that the proposed new City Charter submitted by the Mayor and Common
1
1F.J-3
5-17-0Y
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING A
NEW CITY CHARTER.
3
4 Council of the City of San Bernardino, attached hereto, be adopted by the qualified electors of the
5 City of San Bernardino as the Charter of the City of San Bernardino.
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a
meeting thereof, held on
9 day of
10 Council Members:
11 ESTRADA
12 LONGVILLE
13 MCGINNIS
14 DERRY
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
, 2004, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
19
20
21
22
23
The foregoing resolution is hereby approved this
day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
24 legal Content:
25 JAMES F. PENMAN,
City Attorney
26
27 Brt-
28
T.f~
2
CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
PREAMBLE
We, the citizens of the City of San Bernardino, hereby establish this Charter
to promote economic, environmental, and cultural prosperity throughout our
community; to enable our City government to meet the needs of the people
effectively and efficiently; to provide for accountability and ethics in public service;
and to ensure equality of opportunity for every resident.
Article I (Article Reserved)
Boundaries, Rights and Liabilities
Section 1. (Section Reserved) Powers of City. The text of Section 1 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 2. (Section Reserved) Boundaries - Jurisdiction. The text of
Section 2 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 3. (Section Reserved) Time and Change of Boundaries. The
text of Section 3 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Article II
Elective Officers and Elections
Section 10. (Section Reserved) Primary and General Election. The text
of Section 10 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 10-A. Election to Office. Any candidate for any City office who at
a primary election shall receive votes on a majority of all the ballots cast for
candidates for the office for which such candidates seeks nomination, shall be
elected to such office. Where two or more candidates are to be elected to a given
office and a greater number of candidates receive a majority than the number to
be elected, those candidates shall be elected who secure the highest votes of
those receiving such majority, and equal in number to the number to be elected.
Any officer elected shall hold office until his or her successor is elected and
qualifies. (City Attorney Opinion No. 91-5)
[Rev May 14,2004 (3:28 PM)]
C -1
Exhibit "A"
Section 11. Provision for Elections - Returns - Certificate. The Mayor
and Common Council shall provide for the holding of all City elections.
On the second day after a City election, exclusive of holidays, at 1 :30 p.m.
the Mayor and Common Council, or the City Clerk, or a canvassing board
appointed by the City Clerk by order of the Mayor and Common Council shall meet
at the City Hall, San Bernardino, California and proceed to canvass the election
returns.
The previous paragraph notwithstanding, all City elections consolidated with
elections conducted by the County of San Bernardino, and all City elections that
are conducted pursuant to agreement with the County of San Bernardino shall
follow the County's process for the conduct of such elections and the canvass of
such returns.
At the next regular or adjourned regular council meeting following the
completion of the canvass, the Mayor and Common Council shall declare the
results of said election as certified by the City Clerk or the Registrar of Voters of
the County of San Bernardino as being official. (City Attorney Opinion No. 96-3)
Section ii-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 hislher hand and official
seal shall issue a certificate thereof to the person elected or appointed by
delivering it to him/her personally, or by depositing it with postage pre-paid in the
post office, addressed to him/her at the City of San Bernardino; and within ten
days thereafter such person so elected or appointed, shall file the certificate with
his/her oath of office attached, in the office of the City Clerk. When an Official
Bond is required of an officer it shall be approved and filed before entering upon
the duties of his/her office, within twenty (20) days after the certificate of election is
issued to him/her.
Section 13. (Section Reserved) Officers Elected. The text of Section 13
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 14. (Section Reserved) Officers and Terms. The text of Section
14 ofthe 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.
There shall be elected at the general election in 1998 and every fourth year
thereafter, a Mayor who shall be elected at large for a term of four years
[Rev May 14,2004 (3:28 PM)]
C-2
Exhibit "A"
commencing on the first Monday in March next succeeding such election. (As
amended by election held June 4, 1974, November 2, 1976. and June 2, 1992) (City Attorney
Opinion No. 97-2; City Attorney Opinion No. 96-3; City Attorney Opinion No. 90-31; City Attorney
Opinion No. 88-10)
Section 14-A. Vacancy on Council. A vacancy on the Common Council,
from whatever cause arising, shall be filled for the unexpired term thereof through
the election of a successor Council Member by the qualified electors ofthe ward in
which the vacancy has occurred. Such Council Member shall have been a
qualified elector and resident of the ward for at least thirty (30) consecutive days
next preceding the date of filing of nomination papers for the office.
Said election shall be held at the time established by the Mayor and
Common Council and shall be conducted in the manner provided for by general
law; provided that the Mayor and Common Council shall have power by ordinance
to provide for the manner of holding such election and such ordinance shall prevail
over the general law. (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/her official duties, or is removed from office, or
ceases, in the case of a 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. (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 during such service in
accordance with applicable State and Federal laws, and for a period of ninety (90)
days thereafter. Every such employee or officer returning to the City within the time
herein specified, and who has been honorably discharged from such services,
shall be reinstated without loss of status or seniority, provided he/she is still
qualified for such office or position. If the office or position no longer exists, or the
employee or officer is no longer qualified for his/her former position, he/she has
the right to return to a position to which he/she meets the qualifications at the
same compensation, status and seniority.
All persons appointed to fill such positions during war or national
emergency shall be temporary appointees only.
[Rev May 14,2004 (3:28 PM)]
C - 3
Exhibit "A"
Bonds and Salaries
Section 20. Approval of Bonds. Officers of the City, before entering upon
the discharge of their official duties, shall execute to said City such Official Bond
as may be required by law, ordinance or this Charter. When the amount of any
bond is not fixed by law, ordinance or this Charter, and power to fix same is not
herein conferred upon any board or officer, it may be fixed by ordinance. All bonds
shall be approved by the authorized designee of the Mayor and Common Council
and filed with the City Clerk, and shall be recorded by the City Clerk in a book
entitled "Official Bonds" and kept for that purpose, except the Bond of the City
Clerk, which shall be filed with the Mayor, after being so recorded. The approval of
every Official Bond must be endorsed thereon and signed by the officers
approving the same after the examination of the surety.
Section 21. City Officials as Surety - Form - Liability. Bond of Surety
Company. City Officers shall not be accepted as surety for each other on Official
Bonds. Every Bond shall be in form joint and several and made payable to the City
of San Bernardino, and contain a condition that the principal will faithfully perform
all official duties that may be imposed upon or required of him/her by law or
ordinance, and that at the expiration of his/her term of office he/she will surrender
to his/her successor all property, books, papers and documents that may come
into his/her possession as such officer. Said Bond must be executed by two or
more sureties, but when the amount of the bond is more than five thousand dollars
($5,000.00), the sureties may become severally liable for a portion of not less than
twenty-five hundred ($2,500.00), when there are more than two sureties, said
sureties may justify in an amount which in the aggregate shall equal double the
amount of said bond. But the Mayor and Common Council may require the
Treasurer to give a Surety Company Bond in which case the expense of such
bond shall be borne by the City, and may accept and approve of a Surety
Company Bond for any officer without other surety.
Section 23. (Section Reserved) Additional Bond. Vacancy. The text of
Section 23 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 24. (Section Reserved) Salary of Mayor. The text of Section 24
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 24-A. Salary of Council. The Council Members shall each receive
an annual salary of six hundred dollars ($600.00), payable monthly. (City Attorney
Opinion No. 96-3)
Section 24-B. (Section Reserved) Salary of City Clerk. The text of
Section 24-B of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
[Rev May 14,2004 (3:28 PM)]
C - 4
Exhibit "A"
with the same text and same section designation.
Article III
Legislative Department - The Common Council
Section 30. Legislative Power. The legislative power of the City is hereby
vested in the Common Council consisting of seven members, four of whom shall
constitute a quorum, but a less number may adjourn from time to time, or compel
the attendance of other members. No order, except to adjourn for lack of quorum,
or to compel the attendance of a quorum, and no ordinance or resolution shall be
valid unless it receives the affirmative vote of four Council Members, or, in the
event of a tie vote by the Council Members present, if it receives the affirmative
vote of three Council Members and the Mayor. (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 present. If an
ordinance is altered after its introduction (except for correction of typographical or
clerical errors), it shall not be adopted except at a regular or adjourned regular
meeting held not less than five (5) days after the date of such alteration.
Ordinances and codes may be adopted by reference in accordance with general
law.
Emergency or urgency ordinances and each resolution may be adopted on
the day of introduction and may take effect upon adoption; provided, however, that
this section is not intended, nor shall it be deemed to affect the method of adopting
special ordinances and resolutions as required by municipal improvement act,
laws relating to elections, taxation, and annexations, or other provisions of law
prescribing the time, form and manner for the adoption of ordinances and
resolutions of special cases.
No order, resolution or ordinance shall have effect without approval of the
Mayor, except when five (5) members of the Common Council concur in its
adoption. In case of orders, the approval of the Mayor shall be presumed unless at
the same meeting at which the order is passed, the Mayor causes his/her
disapproval, with his/her reasons therefore, to be spread upon the minutes. All
resolutions and ordinances after passage must be submitted to the Mayor who
shall, within five (5) days after he/she has received the same, endorse his/her
approval or disapproval thereon, giving the reasons for his/her disapproval. Each
ordinance or resolution to be valid must be passed by a vote of not less than four
(4) Council Members and approval by the Mayor, provided that if the Mayor fails to
approve the same it may be passed by a vote of not less than five (5) Council
Members, and shall take effect as if approved by the Mayor. (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)
[Rev May 14,2004 (3:28 PM)]
C - 5
Exhibit "A"
Section 32. (Section Reserved) Ordinances - Enacting Clause. The text
of Section 32 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 33. (Section Reserved) Ordinances - Publication. The text of
Section 33 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 34. Powers of Common Council - Written Charges. The
Common Council shall have power to adopt rules for its own proceedings; to
compel the attendance of witnesses and absent members; the production of
papers in any matters under investigation; to judge ofthe 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 presented
and be heard on his/her own behalf.
The Ayes and Noes shall be taken and entered in the Journal of its
proceedings at the request of any member and must be so taken and entered
upon the passage of all Ordinances and Resolutions, and in matters concerning
the granting of franchises, making of contracts, allowing bills, ordering work to be
done, or supplies to be furnished, disposing of City property, or any act that may
involve the payment of money or the incurring of a debt against the City.
Section 35. (Section Reserved) Meetings - Time of - Adjournments. The
text of Section 35 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 36. Mayor to Preside - Temporary Absence of Mayor; Mayor
Temporarily Unable to Perform Duties. The Mayor shall preside at all meetings
of the Common Council, but shall not be entitled to vote except in the event of a
tie. In the absence of the Mayor from any Council meeting, the Common Council
may choose one of their own number to preside over that meeting who shall retain
the right to vote upon all questions under consideration, and shall have the same
power to disapprove any order made by the Common Council, and with like effect
as the Mayor would have had if present at this meeting, however, that member
shall not have the ability to cast an additional vote in the event of a tie.
In case of temporary absence from the City, or sickness, ordueto any other
cause, the Mayor is temporarily unable to perform the duties of his/her office, the
Common Council shall appoint one of their own number Mayor pro-tempore who
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
shall have all powers and authority which the Mayor would have possessed if
personally present and attending to such duties, and such Mayor pro-tempore
shall not lose his/her vote as Council Member, but shall not have the ability to cast
an additional vote in the event of a tie. (City Attorney Opinion No. 96-10; City Attorney
Opinion No. 92-25; City Attorney Opinion No. 92-10; City Attorney Opinion No. 88-13; City Attorney
Opinion No. 88-10)
Section 37. Council Committees. Notwithstanding any other provision(s)
of this Charter, the Common Council may create such standing and ad hoc
committees as it deems appropriate, to be composed entirely of Council Members
and said committee members shall be appointed by the Common Council.
Section 39. Power to Override Mayor. Any order, directive and/or
decision of the Mayor made either formally or informally may be overridden,
amended, revised or withdrawn by two-thirds (%) vote of the Common Council.
(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 Bemardino, hereafter referred to as Council,
shall have the following enumerated powers.
(a) Purchase and Sale of Property. Purchase and Sale of Property. Council
shall have power to purchase, lease, receive and hold real and personal property
within or without the city limits, and to control, sell and dispose of the same for the
common benefit, provided that the procedure for the sale of real property shall be
established by the Council by ordinance but such sale shall not be for less than
the fair market value of the property as determined by the Council, based on good
and sufficient evidence in the record. (As amended by election held on March 7, 1995)
(b) Police and Sanitary Regulations. Council shall have power, subject to .
any pre-emptive law(s) of the State of California, to make and enforce all such
local, police, sanitary and other regulations, as pertain to municipal affairs, and for
this purpose may define misdemeanors committed within the city limits or on lands
under the jurisdiction of the City, and provide penalties and punishment therefor.
(c) (Section Reserved) Nuisances. The text of Section 40(c) of the current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same
section designation.
(d) License Fee. Council shall have power to license for purposes of
revenue all and every kind of business, occupations, shows, exhibitions, and lawful
games carried on in the City and to fix the rate of license fee thereon.
(e) Taxes. Council shall have power to levy and collect taxes subject to
State law.
[Rev May 14, 2004 (3:28 PM)]
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Exhibit "A"
(f) Fire Department. Council shall have power to establish and maintain a
fire department, prescribe fire limits and adopt regulations for the protection of the
City against fires.
(g) Police. Council shall have power to establish and maintain a police
force.
(h) Overflow. Council shall have power to protect the City against overflow.
(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.
G) Storage. Council shall have power to prohibit the storage of gunpowder,
oils or other combustible substances in quantity.
(k) Parks. Council shall have power to layout and maintain parks.
(I) Hospitals, etc. Council shall have power to regulate hospitals,
pesthouses and slaughter houses, and to provide for their removal or
discontinuance.
(m) Cemeteries. Council shall have power to provide cemeteries and
regulate their management.
(n) Animal Shelter. Council shall have power to establish and regulate a
public animal shelter.
(0) City Jail/Holding Area; Use of Inmates. Council shall have power to
provide a City jail/holding area and to provide for the utilization of the services of
any person(s) sentenced by the court to perform such community service as may
be prescribed.
(p) Sewers. Council shall have power to acquire, establish, construct,
reconstruct, maintain, operate, manage, repair, improve or finance any building,
system, plant, works, facilities or undertaking used for or useful in the collection,
treatment or disposal of sewage and the reclamation of effluent therefrom, or
storm water, including drainage.
(q) Bridges, Streets, etc. Council shall have power to establish, build and
repair bridges; to establish, layout, alter, keep open, open, close, improve and
repair streets, sidewalks, alleys, squares, and other public highways, and places
within the City, and to drain, sprinkle, oil and light the same; to remove all
obstructions therein; to establish the grades thereof; to grade, pave, macadamize,
gravel and curb the same in whole or part, and to construct gutters, culverts,
sidewalks and crosswalks thereon, or upon any part thereof; to cause to be
planted, set out and cultivated shade trees therein, and generally to manage and
control all such highways and places.
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
(r) Fines and penalties. Council shall have power to impose fines, penalties
and forfeitures for any and all violations or ordinances; and for any breach or
violation of ordinances; to fix the penalty by fine or imprisonment, or both. The
violation of any lawful ordinance made by the Mayor and Common Council shall
constitute either a misdemeanor or an infraction, as determined by the Council by
ordinance, and shall be prosecuted in the name of the people of the State of
California.
(s) Compensation and Removal of Officer. Council shall have power to
appoint, confirm and remove such appointed officers and appointed full-time
permanent employees, and to fix theif qualifications, duties and compensations of
City employees subject to the civil service provisions and other provisions of this
Charter upon the recommendation of the City Manager except that the
appointment and removal of the City Manager, Acting City Manager, Chief of
Police and Chief of the Fire Department shall only be acted upon in response to
the Mayor's nomination in instances of appointments and the Mayor's
recommendation in instances of removal(s). The Council may not, however,
remove officers appointed for a definite term, nor deputies, assistants, clerks, and
attaches holding office at the pleasure of an elective officer, nor may the Council
remove employees of a City Manager-directed department except the Council may
give consent to such removal as provided in Section 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 City Manager, Chief of Police or Chief ofthe Fire Department
unless, and until, said Mayor Pro Tempore, acting as the Mayor shall have been
acting as Mayor for a period of not less than sixty (60) consecutive days prior to
said removal or discharge, or prior to making a recommendation to remove or
discharge. The authority of a Mayor Pro Tempore, while acting as Mayor, to
suspend for cause is not limited by the preceding sentence.
(t) Public Utilities. Council shall have power to contract for supplying the City
water for municipal purposes, or to acquire, construct, repair and manage pumps,
aqueducts, reservoirs or other works necessary or proper for supplying water for
the use of such City or its inhabitants, or for irrigating purposes therein, subject to
the powers and supervision of the Board of Water Commissioners as in this
Charter provided.
(u) Public Works. Council shall have power to acquire, own, construct,
maintain and operate street railways, telephone and telegraph lines, gas, electrical
and other works for light, power and heat, and to supply such light, power and heat
to the municipality and the inhabitants thereof; and to acquire, own and maintain
public libraries, museums, gymnasiums, parks and baths.
(v) Permit for Construction in Proximity to City Streets. Council shall have
power to permit, under such restrictions, as they may deem proper, the laying of
railroad tracks and the construction and operation of street railways and the
running of cars drawn by steam, electricity or other power thereon; and the laying
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
of gas and water pipes in the public streets; and the construction and maintenance
of telephone and telegraph lines therein.
(w) Schools. Council shall have power to maintain public schools.
(x) Duties Not Defined. Council shall have power to prescribe by ordinance
the duties of all officers whose duties are not defined by this Charter, and to
prescribe for any officer, duties other than herein prescribed.
(y) Animal Licensing Fee. Council shall have power to impose and collect
an annual license fee on any canine owned or harbored within the limits of the
City.
(z) Make and Enforce Laws and Regulations. Council shall have power to
make and enforce all laws and regulations in respect to municipal affairs, subject
only to the restriction and limitations provided in this Charter or by State law.
(aa) Other Powers. Council shall have power to pass all orders, resolutions
and ordinances and to do and perform any and all other acts and things necessary
or proper to complete execution of the powers vested by law or this Charter, or
inherent in the municipality, or that may be necessary or proper for the general
welfare of the City or its inhabitants. (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 No. 91-21; City
Attorney Opinion No. 91-2; City Attorney Opinion No. 90-21; City Attorney Opinion No. 89-18; City
Attorney Opinion No. 89-15; City Attorney Opinion No. 89-11; City Attorney Opinion No. 88-30; City
Attorney Opinion No. 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.
Article IV
Elected Municipal Officers
Mayor
Section 50. Chief Executive Officer. The Mayor shall be the Chief
Executive Officer, and chief spokesperson, of the City of San Bernardino and a
citizen of the State of California who shall be at least thirty years of age and a
resident and qualified elector of the City for a period of at least thirty (30)
consecutive days next preceding the date of filing nomination papers for the office.
The Mayor shall vigilantly observe the official conduct of all public officers, and
take notice of the fidelity and exactitude, or the want thereof, with which they
execute their duties and obligations, especially in the collection, administration and
disbursement of public funds and property. The books, records and official papers
of all departments, boards, officers and persons in the employ or service of the
City shall, at all times be open to all persons for inspection and examination. Any
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
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 recommend such measures as may be deemed beneficial.
The Mayor shall have the books and records of all public departments,
pertaining to the finances of the City, experted by a competent person at least
once in every year. Any person refusing to submit to, or permit such examination,
or purposely delaying, or impeding the same, may be suspended from office by
the Mayor and removed for malfeasance by the Mayor and Common Council. The
Mayor shall have general supervision over all the departments and public
institutions of the City; The Mayor shall take all proper measures for the
preservation of public order and suppression of all riots and tumults. (City Attorney
Opinion No. 97-2; City Attorney Opinion No. 96-1; City Attorney Opinion No. 95-2; City Attorney
Opinion No. 92-10; City Attorney Opinion No. 91-33; City Attorney Opinion No. 88-13; City Attorney
Opinion No. 12; City Attorney Opinion 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 shall
fill all vacancies in an elective office not otherwise provided for in this Charter;
provided that in no case where a vacancy has occurred and an appointment been
made to an elective office, shall the officer hold beyond the next general municipal
election at which time an election shall be held for that office so vacated to fill the
unexpired term. In case of a vacancy in the office of Mayor, the vacancy shall be
filled by the Common Council by a majority vote, and the appointee shall be a
person meeting all of the requirements 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 vetoes. (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. Supervision by Mayor. The Mayor shall have the general
supervision of the City Manager, Acting City Manager, Chief of Police, Chief ofthe
Fire Department, and of all elected officers, except Council Members. The Mayor
shall have the authority to suspend and discharge, for cause, the City Manager
and/or the Acting City Manager subject to the laws of the State of California. (City
Attorney 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)
[Rev May 14, 2004 (3:28 PM)]
C-Il
Exhibit "A"
City Attorney
Section 55. Position - Duties - Salary. (a) (Section Reserved) The text of
Section 55(a) of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
(b) To be eligible to hold the office of City Attorney, the person elected or
appointed shall be an attorney at law, duly licensed as such under the laws of the
State of Califomia, 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 office.
(c) In the event a vacancy shall occur in the office of City Attorney during
his/her term, such vacancy shall be filled by appointment by the Mayor and
Common Council, which appointment shall be valid until the next general
municipal election, at which time a City Attorney shall be elected for the remainder
of any unexpired term, orfor a full term in accordance with Article II ofthis Charter.
(d) (Section Reserved) The text of Section 55(d) of the current Charter is
not being changed in any way by this Charter and shall continue in full force and
effect under this Article in this Charter with the same text and same section
designation.
(e) The salary of the City Attorney shall be fixed by the Mayor and Common
Council, but shall not be less than seventy-five hundred dollars ($7,500.00) per
annum. He/She shall be provided with office space and equipment, and clerical
help by the City.
(City Attorney Opinion No. 96-3; City Attorney Opinion No.89-11; City Attorney Opinion No. 87-59;
City Attorney Opinion No. 87-36)
City Clerk
Section 60. Duties. The duties of the City Clerk shall be to keep the
corporate seal and all books, papers, records and other documents belonging to
his/her office, attend all meetings of the Mayor and Common Council and keep a
journal of the proceedings. He/She shall have full power and authority to take all
affidavits and administer all oaths necessary in the transaction of city business, but
shall make no charge therefor. His/Her official books and records shall be kept
properly indexed and be open to public inspection during office hours. He/She
shall number and keep a record of all demands allowed and certified to him/her,
showing the date of approval, to whom the same is allowed, the nature of the
claim, and the fund out of which the same is payable. He/She shall issue all
licenses and countersign all warrants on the City Treasury, except warrants of the
boards, and shall do and perform all other acts required of him/her by this Charter,
[Rev May 14,2004 (3:28 PM))
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Exhibit "A"
or by ordinance, or which may be required of him/her by the Mayor and Common
Council. (City Attorney Opinion No. 90-31)
City Assessor
Treasurer
Section 70. Duties. The Treasurer shall receive and payout all moneys
belonging to the City, and shall keep an account of all receipts and expenditures,
under such rules and regulations as may be prescribed. He/She shall make a
monthly statement to the Mayor and Common Council of the receipts and
expenditures of the preceding month, and shall perform all duties required of
him/her by law and the Mayor and the Common Council. He/She shall not 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.4/h 684, 696)
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
City Manager
Section 100. Selection and Qualifications. The Mayor shall
appoint, subject to confirmation by the Common Council, a City Manager
who shall be the chief administrative officer of the City. The City Manager
shall be responsible for the administration of all City departments except the
Offices of the Mayor, City Attorney, City Clerk, City Treasurer, the Water
Department, the Free Public Library and the Civil Service System. Said City
Manager shall be of at least 30 years of age and shall be a resident of the
City or shall become a resident of the City within 180 days of assuming
office. Said City Manager shall be at least 30 years of age and shall be a resident
of the City or shall become a resident of the City within 180 days of assuming
office. Said City Manager shall have received, from an accredited college or
university, a masters degree in public administration, business administration, or
an equivalent degree in a related field, or a higher degree, and said City Manager
shall have served as a City Manager, or as a City Administrator, or Chief Executive
Officer of a county, or as an Assistant City Manager, City Administrator, or Chief
Executive Officer of a county for a minimum of three years. The Mayor shall
appoint the person deemed best qualified on the basis of executive and'
administrative capabilities, giving preference to candidates with management
experience, and knowledge of accepted practices with respect to the duties
of the office as set forth in this Charter.
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
Section 101. Assistant City Manager. The City Manager shall have
the power to appoint, with the confirmation of the Mayor and Common
Council, an Assistant City Manager, who shall be empowered to perform all
duties of the City Manager in the event ofthe absence or disability ofthe City
Manager and such other duties as the City Manager shall direct. The
Assistant Manager shall serve at the pleasure of the City Manager.
Section 102. Authority and Duties of the City Manager. The City
Manager shall have the following authority and duties:
(a) To direct and exercise immediate supervision over the
administration of all Manager-directed departments of the City;
(b) To appoint, subject to section 40(s) of this charter; exercise
immediate supervision over, suspend, and remove, all City employees of all
Manager-directed departments of the City in both the classified and
unclassified service; except that for the classified service, such powers shall
be pursuant to the Civil Service provisions of this Charter, Civil Service rules,
regulations and ordinances, and except that the removal of such employees
in the unclassified service is subject to the consent of the Mayor and
Common Council; and to appoint any temporary, part-time employees of all
Manager-directed departments of the City;
(c) To ensure, in cooperation with the Attorney General, District
Attorney, City Attorney, Police Chief and Fire Chief, that all laws, ordinances,
orders, resolutions, contracts and franchises are enforced and executed;
(d) To attend all meetings of the Mayor and Common Council or
council committee meetings, and to have the right to participate in the
discussion without vote;
(e) To prepare and submit the annual budget and to keep the
Mayor and/or the Mayor and Common Council fully advised as to the
financial condition and needs of the City, including the filing of annual and
interim financial reports;
(f) To submit such reports as the Mayor and/or the Mayor and
Common Council may require concerning the operations of Manager-
directed departments, and to recommend to the Mayor and Common Council
the adoption of measures deemed advisable;
(g) To perform such other duties as are specified in the Charter, by
law or required by the Mayor and/or the Mayor and Common Council;
(h) To confer regularly with the Mayor, to implement the policies of
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
the Mayor and Common Council as directed by the Mayor and to keep the
Mayor informed of any issues, events and controversies that may arise; to be
responsible for the implementation of the Mayor's policy directives and to
insure that those directives are acted upon by all supervisors and employees
in the Manager-directed departments of the City;
(i) To confer regularly with the City Attorney on legal issues; to
immediately notify the City Attorney of any important legal issues or
difficulties that arise; to obtain the legal advice of the City Attorney, and to
carefully consider such advice, understanding that recommendations of the
City Attorney are advisory only. Neither the City Attorney, nor employees of
the Office of the City Attorney, has authority to issue orders to the City
Manager or any of his/her subordinates; it is the responsibility of the City
Manager to insure that all Manager-clirected 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;
0) To confer regularly with the City Treasurer on financial issues, to
obtain the financial advice of the City Treasurer and to carefully consider that
advice, and to keep the Treasurer informed of all financial matters and to
immediately notify the City Treasurer of any important financial issues or
difficulties that arise.
Section 103. Vacancy. Whenever a vacancy occurs in the office of
the City Manager, the Mayor shall proceed immediately to appoint a City
Manager, subject to confirmation by the Common Council. Until a City
Manager is appointed and has assumed the duties of the office, the
Assistant City Manager shall be designated as Acting City Manager. He/She
shall perform all of the duties of City Manager and be vested with all the
powers of City Manager as set forth in this Charter. The Assistant City
Manager shall continue in the position of Acting City Manager, subject to the
Mayor's authority to remove the Acting City Manager, until a new City
Manager has been appointed and has assumed the duties of that office.
Section 104. Mayor and Common Council's Authority Over the
City Manager and Other City Employees. Neither the Mayor nor any
member of the Common Council, nor any other elected City official, nor the
Common Council, nor any of its committees or members shall dictate or
attempt to dictate, either directly or indirectly, the appointment of any person
to office or employment by the City Manager, or in any manner interfere with
or prevent the City Manager, from exercising judgment in the appointment of
officers and employees in the administrative service. Neither the Mayor,
Common Council Members, employees of the Common Council, nor
[Rev May 14, 2004 (3:28 PM)]
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Exhibit "A"
employees of the Office of the Mayor, shall give orders to any of the
subordinates of the City Manager, either publicly or privately.
Section 105. Non-Eligibility of Elected Officials. No person who
held any elected office in the City, between June 1, 1987, and the effective
date of this Charter, regardless of how long any such person held any such
elected office, may be employed as City Manager until eight years passes
from the effective date of this Charter, and no person who holds any elected
office on or after the effective date of this Charter may be employed as City
Manager until eight years passes after such person leaves said elected
office.
Article VI
Reserved
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 number to the percentage hereinafter required. The signatures to
the petition need not all be appended to one paper, but each signer shall add to
his/her signature his/her place of residence, giving the street and such other
identification as may be required by the registration law. One of the signers of
each such paper shall make oath before an officer qualified to administer oaths,
that the statements therein made are true, and that each signature to the paper
appended is the genuine signature of the person whose name purports to be
thereunto subscribed. Within ten days from the date of filing such petition, the City
Clerk shall examine and from the great register ascertain whether, or not, said
petition is signed by the requisite number of qualified electors and if necessary, the
Council shall allow him/her extra help for that purpose, and he/she shall attach to
said petition his/her certificate showing the results of said examination. If, by the
Clerk's certificate, the number of signatures on the petition is shown to be
insufficient, it shall be returned forthwith by the Clerk to the filer(s) thereof who
shall have an additional ten (10) days from the date the petition is returned to them
by the Clerk, to obtain the required number of signatures. The Clerk shall, within
ten (10) days after such additional ten (10) day period to obtain additional
signatures, make like examination of said petition, and if his/her certificate shall
show the same to be insufficient, it shall be returned to the person filing same,
without prejudice, however, to the filing of a new petition to the same effect. If the
petition shall be found to be sufficient the Clerk shall submit the same to the
Council without delay.
If the petition accompanying the proposed ordinance be signed by electors
equal in 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
[Rev May 14, 2004 (3:28 PM)]
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Exhibit "A"
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,
(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 ordinance ofthe City; and any ordinance proposed by petition, or
which shall be adopted by a vote of the people, cannot be repealed or amended
except by a vote of the people obtained in like manner.
Any number of proposed ordinances may be voted upon at the same
election. In accordance with the provisions of this section; provided that there shall
not be held 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 same section designation.
Section 122. The Recall. Proceedings may be commenced for recall of the
holder of any elective office of this City and the election of a successor of the
holder sought to be removed by the service, filing and publication of a notice of
intention to circulate a recall petition. Such proceedings may not be commenced
against the holder of an office unless, at the time of commencement; the holder
has held office for at least ninety days and no recall petition has been filed against
such holder within the preceding six months. A petition demanding the recall of the
officer sought to be recalled shall be submitted to the City Clerk. The petition shall
be signed by not less than fifteen percent (15%) of the voters of the City, or in the
case of a City Council Member elected by ward twenty-five percent (25%) of the
voters of that ward, according to the County Clerk's last official report of
registration to the Secretary of State. No signature may be affixed to the petition
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
until the proponents have served, filed and published a notice of intention to
circulate a recall petition, containing the name of the officer sought to be recalled
and the title of his/her office, a statement in not more than 500 words of the
grounds on which the recall is sought, and the name and address of at least one,
but not more than five proponents. The notice of intention shall be served,
personally or by certified mail, on the officer sought to be recalled, and a copy
thereof with a certificate of the time and manner of service shall be filed with the
clerk of the legislative body. Within seven (7) days after the filing of the notice of
intention, the officer sought to be recalled may file with the City Clerk an answer in
not more than 500 words to the statement of the proponents and if an answer is
filed, shall serve a copy thereof, personally or by certified mail, on one of the
proponents named in the notice of intention. At the time the proponents publish
the notice and statement referred to above, the officer sought to be recalled may
have the answer published at his/her expense. If the answer is to be published the
officer shall file with the City Clerk at the time the answer is filed a statement
declaring his/her intent that the answer be published. The statement and answer
are intended solely for the information of the voters and no insufficiency in the form
or substance thereof shall affect the validity of the election or proceedings. The
notice and statement as referred to above, and the answer, if it is to be published
shall be published at least once in a newspaper of general circulation, as
described in Sections 6000 to 6066 of the Government Code, adjudicated as such.
Seven (7) days after the publication of the notice, statement and answer, if
it is to be published, the recall petition may be circulated and signed. The petition
shall bear a copy of the notice of intention, statement and answer, if any. If the
officer has not answered, the petition shall so state. Signatures shall be secured
and the petition filed within ninety (90) days from the filing of the notice of
intention. If such petition is not filed within the time permitted by this section, the
same shall be void for all purposes. The signatures to the petition need not all be
appended to one paper; but each signer shall add to his/her signature his/her
place of residence, giving the street and such other identification as may be
required by the registration law. One of the signers of each such paper shall make
oath before an officer qualified to administer oaths, that the statements therein
made are true, and that each signature to the paper appended, is the genuine
signature of the person whose name purports to be thereunto subscribed. Within
thirty (30) days after the date of filing such petition the City Clerk shall examine
and ascertain whether or not said petition is signed by the requisite number of
qualified electors and, if necessary, the Council shall allow extra help for that
purpose, and the City Clerk shall attach to said petition a certificate showing the
result of said examination. If, by the City Clerk's certificate, the number of
signatures on the petition is shown to be insufficient, it shall be returned forthwith
by the Clerk to the filer(s) thereof who shall have an additional thirty (30) days from
the date the petition is returned to them by the Clerk to obtain the required number
of signatures. The City Clerk shall, within thirty (30) days after such additional thirty
(30) day period to obtain additional signatures, make like examination of said
petition, and, if his/her certificate shall show the same to be insufficient it shall be
void for all purposes. If the petition shall be found to be sufficient, the City Clerk
shall submit the same to the Council without delay and the Council shall thereupon
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
order and fix a date for holding said election, not less than fifty (50) days, nor more
than seventy (70) days from the date of the City Clerk's certificate to the Council
that a sufficient petition is filed.
The ballots used when voting upon said proposed recall shall contain the
words "shall (title of office and the name of the person against whom the recall is
filed) be recalled?" and the words "yes" and "no."
The Council and the City Clerk shall make, or cause to be made, publication
of notice and all arrangements for conducting, returning and declaring the results
of such election in the same manner as other City elections
Qualified candidates to succeed the person against whom the recall is filed,
shall be listed on the ballot, except that the incumbent shall not be eligible to
succeed himself/herself in any such recall election.
In any such removal election, if a majority of the votes cast is for "yes" on
the question of whether or not the incumbent should be recalled, the candidate
receiving the highest number of votes shall be declared elected. The incumbent
shall thereupon be deemed removed from the office upon qualification of his/her
successor. In case the party who received the highest number of votes should fail
to qualify within ten (10) days after receiving notification of election, the office shall
be deemed vacant. The successor of any officer so removed shall hold office
during the unexpired term of his/her predecessor.
Article VIII
Revenue and Finance
Section 130. Reports and Estimates. On or before the first Monday in
June in each year the City Manager shall transmit to the Mayor and Common
Council, accompanied with the estimates and reports of each department an
estimate of the probable financial necessities of the City Government for the fiscal
year, stating the amount required to meet the interest and principal on all bonded
or funded indebtedness of the City, together with the amount needed for the
salaries and probable wants of all the departments of the Municipal Government in
detail, showing specifically the necessities of each fund in the treasury. Such
estimate shall also show what amount of income and revenue will probably be
collected from fines, licenses and other sources of revenue, exclusive of taxes
upon property, and what amount will probably be required to be levied and raised
by taxation in order to meet the necessities of each specific fund for such fiscal
year. (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.
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
Section 132. (Section Reserved) Ex-officio Assessor and Tax Collector.
The text of Section 132 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 133. (Section Reserved) Indebtedness for Municipal
Improvement. The text of Section 133 of the current Charter is not being changed
in any way by this Charter and shall continue in full force and effect under this
Article in this Charter with the same text and same section designation.
Section 134. (Section Reserved) Sewer Service Charges. The text of
Section 134 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 135. (Section Reserved) Demands Against City. The text of
Section 135 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 139. Valid Claims. No claim for commodities furnished, or service
performed, shall be valid unless prior to furnishing such commodities, or the
rendition of the service, authority for the same had been given by the Common
Council, the City Manager or some department of City government, having the
authority so to do. No member of the Common Council, the City Manager or
member of any department, and no City officer, shall have power to create an
indebtedness against the City, or to furnish the basis of a claim without said
authority. (More v. City (1931) 118 Cal.App. 732, 735-737; Good v. City (1920) 49Cal.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 143. (Section Reserved) Special Funds. The text of Section 143
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 146. (Section Reserved) Water Fund. The text of Section 146 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 148. (Section Reserved) Library Fund. The text of Section 148 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
and same section designation.
Section 149. (Section Reserved) Sewer Fund. The text of Section 149 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Article IX
Water Department
Section 160. Water Commissioners - Term of Office - Qualifications -
Duties. There is hereby created a board consisting of five members which shall be
known as the Board of Water Commissioners. Members of such board shall be
appointed by the Mayor, subject to the confirmation of the Common Council. The
term of office of each commissioner shall be six years; provided, however, that on
or after twelve o'clock noon on the second Monday in May 1935, one member of
the Board shall then be appointed for a term of six years; that on or after twelve
o'clock noon on the second Monday of May, 1937, one member of such board
shall be appointed for a term of two years, and one member shall be appointed for
a term of six years; and thereafter, on or after twelve o'clock noon on the second
Monday of May of each odd numbered year, one member of the Board shall be
appointed for a term of six years; provided further that on or after twelve o'clock
noon on the second Monday of May, 1971, two members of the Board shall be
appointed, one for a one year term and one for a three year term, commencing on
the second Monday of May, 1971; and thereafter such members shall be
appointed for six year terms commencing on the second Monday of May, 1972,
and of May, 1974, and for every six years thereafter. Any member of the Board
may be removed at any time by the affirmative vote of five Council Members, and
upon any such removal, the vacancy shall be filled by the Mayor, with the consent
of the Common Council, for the unexpired term. No person shall be eligible to
appointment as a member of said Board unless he/she shall have been a qualified
elector of said City for the period of five (5) years next preceding the date of
his/her appointment.
The Board of Water Commissioners shall perform the duties and
responsibilities prescribed in this Charter and shall perform such other duties and
responsibilities as are or may be prescribed or delegated by the Mayor and
Common Council with the concurrence of the Board. (As amended by election held
April 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. Oath of Office. Before entering upon the duties of his/her
office, each member of the Board of Water Commissioners shall make and
subscribe before some officer authorized by law to certify oaths, the same oath of
office required of other City officers. (City Attorney Opinion No. 94-3)
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
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Exhibit "A"
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 163. Powers. The Board of Water Commissioners is hereby
authorized and empowered:
1. To establish and collect all water rates, collect all rentals from water
bearing lands and generally regulate, control, manage, renew, repair and extend
the entire water system of the City;
2. To employ such persons as the necessities of the water service may
require, to fix and 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. (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)
Section 164. (Section Reserved) Sale And Use Of Water. The text of
Section 164 ofthe 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. (Section Reserved) Map Of Water System And Service.
The text of Section 166 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 167. (Section Reserved) Financial Condition of Water
Department, Etc. The text of Section 167 of the current Charter is not being
changed in any way by this Charter and shall continue in full force and effect under
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Exhibit "A"
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 ofthe proceedings thereof;
and shall, whenever required so to do, certify such proceedings under his/her
hand, the same to be authenticated by seal, if a seal is adopted and provided by
said Board for that purpose. (City Attorney Opinion No. 94-3)
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 the general supervision of the Mayor. The City Manager
shall be the immediate supervisor of the Chief of Police and the Chief of the Fire
Department. Neither the Mayor nor the City Manager shall interfere or attempt to
interfere with the discharge of those duties of the Police or Fire Chief(s) the
perfonnance of which are required by law.
The Mayor and Common Council shall have power upon the
recommendation of the City Manager to fix and prescribe the salaries,
qualifications, duties, rank, badges of office and uniforms ofthe officers, members
and employees of said departments; to prescribe rules and regulations for the
organization, government and discipline of the same, and to prescribe penalties for
violations thereof; subject to the civil service provisions of this Charter.
The Mayor shall determine any and all complaints of misconduct, inefficiency or
violation of rules or other charges against the chiefs of said departments, and
shall take such action thereon as shall be most conducive to the maintenance and
discipline and efficiency of such departments, including suspending and or
dismissing, for cause, the Chief of Police and/or the Chief of the Fire Department
[Rev May 14, 2004 (3:28 PM))
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Exhibit "A"
subject to the laws of the State of California. (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 as many ranking officers, police officers and
other employees as the Mayor and Common Council may from time to time
determine. (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
respects be promptly executed by the Chief of Police, police officers, and by
authorized personnel in the Police Department. The Chief of Police shall enforce
the laws of the State and the ordinances of said City, and shall arrest or cause to
be arrested all persons for whom probable cause exists to believe said person(s)
may be guilty of violations of the same. He/she shall also have charge of the City
jail, if one is in existence, of all prisoners and of all those who are sentenced to
labor upon the public streets, public works or other places of said City and shall
execute and enforce all orders and sentences in reference thereto; and he/she
shall perform such other duties as may be prescribed by the Mayor and Common
Council or by the City Manager. (City Attorney Opinion No. 91-2; City Attorney Opinion No.
90-25)
Section 183. Fire Department - Membership. The Fire Department shall
consist of a Chief of the Fire Department and as many ranking officers, firefighters
and other employees as the Mayor and Council may determine. (City Attorney
Opinion No. 91-21)
A. Chief of the Fire Department - Duties. The Mayor shall appoint a Chief
of the Fire Department, subject to the approval of the Common Council. The Chief
of the Fire Department shall have the powers and duties that are now or that may
hereafter be conferred upon chiefs of fire departments by the laws of the State,
and such powers and duties shall in all respects be promptly executed by the Fire
Chief and by authorized personnel in the Fire Department; and he/she shall
perform such other duties as may be prescribed by the Mayor and Common
Council or by the City Manager.
Section 184. Supervision of City Manager Over Funds, Moneys Etc.
The City Manager shall supervise and possess power and authority over all the
funds, moneys and appropriations for the use of the Police and Fire Department,
also the organization, government and discipline, subject to the restrictions in
Section 180 of this Charter, of said Departments, and shall have control of all the
property and equipments belonging to the same. (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
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Exhibit "A"
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 ofthe employees ofthe Police and Fire Departments of the City of San
Bernardino, and the Mayor and the Common Council in exercising the
responsibility over these departments vested in them by this Charter shall
hereafter be guided and limited by the following provisions:
FIRST: Classification
The following classes of positions are hereby created in the Fire
Department and Police Department of the City of San Bernardino, and the code
numbers, titles, and salaries as hereinafter set forth are hereby established and
fixed for such classes of positions. The letter "P" represents "Position" and the five
steps in Positions 1,2 and 3 being represented by the letters "a," "b," "c," "d" and
"e" are: "a" designating the first six months of service in the respective
departments, "b" designating the following eighteen months of service in the
respective departments, "c" designating the third year of service in the respective
departments, "d" designating the fourth year of service in the respective
departments, and "e" designating the fifth and all subsequent years of service.
Advancements in salary shall be made automatically step by step after each step
of aggregate active service in the department in which the member is employed.
Each person employed in the Fire Department and Police Department shall be
entitled to receive for his/her services in his/her position the applicable respective
rate or rates of compensation prescribed for the class in which his/her position is
allocated. Additional titles may be established by the Mayor and Common Council,
upon the recommendation of the City Manager, but only titles for Local Safety
members of the Police and Fire Departments shall be placed in one of the
following classifications having the most nearly equal duties and responsibilities.
Local Safety members of the Police and Fire Departments shall mean any local
police officer or local firefighter as defined under the provisions of the Public
Employees Retirement System Law as specified in the California Government
Code or amendments thereto.
Class of Position
Classification
Number
Title
Fire Department
Title
Police Department
P1 (Steps a,b,c,d,e)
P2 (Steps a,b,c,d,e)
Firefighter, Battalion Chief Aide Police Officer
Fire Prevention Inspector
Juvenile Officer, Detective,
Senior Identification Inspector
P3 (Steps a,b,c,d,e)
Engineer
Sergeant
P4
Captain, Assistant Fire
Lieutenant
[Rev May 14,2004 (3:28 PM)]
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Exhibit "A"
Prevention Engineer
P5
Battalion Chief, Drill
Master, Fire Prevention
Engineer
Captain, Superintendent
of Records and
Identification
P6
Assistant Chief
Assistant Chief
P7
Chief
Chief
SECOND: Basic Salary Schedule (Category Reserved)
The text of the subparagraphs under this category entitled "SECOND: Basic
Salary Schedule" of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this category in this
Charter with the same text and same designations.
THIRD: Special Salary Provisions
The following special provisions shall apply in addition to the compensation
received in accordance with the above salary positions:
(a) Police Department: Each police officer assigned to traffic enforcement
duties on a motorcycle shall be paid when performing such duties during the
period of assignment at the rate of not less than fifty dollars per month in addition
to the pay step to which he/she is entitled as extra-hazard pay for motorcycle duty.
The Police Chief shall certify monthly as to the assignment and the period of time
worked to validate entitlement to the extra-hazard pay.
(b) Police and Fire Departments: Any Local Safety member of the Fire and
Police Departments temporarily acting in a position in a higher rank during periods
of absence of the incumbent or during a vacancy in the position for more than ten
(10) consecutive working days or five consecutive shifts, shall receive the same
salary for the higher rank to which he/she would be entitled, were he/she promoted
to that rank during the period in which the employee is acting in the higher rank.
The Chief of the department in which the assignment to the higher rank occurs
shall certify as to the assignment and the period of time worked in the higher rank
to validate entitlement to the salary of the higher rank.
(c) Fire Department - Paramedics. The Mayor and Common Council, upon
the recommendation of the City Manager, may authorize additional salary to be
paid to local safety members of the Fire Department, assigned to duty as
paramedics, during the period of such assignment.
(d) Fire and Police Departments-Education/Longevity Incentive Pay. The
Mayor and Common Council, upon the recommendation of the City Manager, may
authorize additional salary to be paid to local safety members of the Police
Department and the Fire Department who have completed educational or longevity
requirements specified by the Mayor and Common Council.
[Rev May 14,2004 (3:28 PM)]
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(e) Fire Fighters (Subparagraph Reserved)
The text ofthe provisions under this subparagraph (e) ofthe current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this subparagraph in this Charter with the same text and
same designations.
SIXTH: Definitions
The words and terms defined in this subsection shall have the following
meanings in this section:
(a) "Shift" means a 24-hour duty for the Fire Department, except for the
positions of Chief, Assistant Chief, and local safety members working in the Fire
Prevention Bureau, and such other local safety positions as may hereafter be
granted a forty (40) hour average work week by resolution of the Common Council
upon the recommendation of the City Manager. (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 Attorney Opinion No. 90-11; City Attorney
Opinion No. 89-21; City Attorney Opinion No. 88-11)
Article XI (Article Reserved)
School Districts
Section 190. (Section Reserved) Definition. The text of Section 190 of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
Board of Education
Section 191. (Section Reserved) Members. The text of Section 191 ofthe
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
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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 ofthe
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
Section 200. (Section Reserved) Filing of Claims. The text of Section 200
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Article XII (Article Reserved)
Free Public Library
Section 205. (Section Reserved) Trustees - Terms. The text of Section
205 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
Section 206. (Section Reserved) Trustees - No compensation. The text
of Section 206 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 207. (Section Reserved) Library Tax. The text of Section 207 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
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 210 ofthe
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
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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
Park and Recreation Commission
Section 213. (Section Reserved) Members - Term of Office. The text of
Section 213 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 214. Appointment. Each Council Member shall appoint one
commissioner whose term shall coincide with that of the appointing Council
Member and the Mayor shall appoint two (2) commissioners, one of whom shall
initially have a two (2) year term coinciding with the term of the Mayor and the
other shall have a four (4) year term commencing on the second Monday of May,
1969. Thereafter, each Mayor and each Council Member, upon assuming office,
shall appoint one member to the Commission for a four (4) year term. Any vacancy
occurring for any reason shall be filled in the same manner as the original
appointment. (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 ofthe appointing officer and
any member of said Park and Recreation Commission may be removed at any
time by the affirmative vote of five (5) Council Members, and upon any such
removal the vacancy shall be filled as aforesaid for the unexpired term. (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
thereto to the Mayor and Common Council and to the City Manager.
[Rev May 14,2004 (3:28 PM)]
C - 29
Exhibit "A"
(c) (Subparagraph Reserved) The text of the provIsions under this
subparagraph (c) of Section 217 of the current Charter is not being changed in any
way by this Charter and shall continue in full force and effect under this
subparagraph in this Charter with the same text and same designation.
Section 219. (Section Reserved) Appeal to Council. The text of Section
219 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
Article XIII
Miscellaneous
Section 220. (Section Reserved) Fiscal Year. The text of Section 220 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 221. Definitions. City: The word "City" wherever it occurs in this
Charter, unless it expressly appears otherwise, means the City of San Bernardino.
General Supervision: The supervision by the Chief Executive Officer which
is supervision that includes giving general policy directions, but does not include
the authority to issue specific, day to day directives; requires the person exercising
the general supervision to vigilantly observe the official conduct of the
person/departmenUpublic institution being supervised, and take notice of the
fidelity and exactitude or want thereof, with which the person/departmenUpublic
institution being supervised executes his/her/its duties and obligations, especially
in the collection, administration and disbursement of public funds and property.
Any defamation or willful neglect of duty or official misconduct shall be laid before
the Common Council in order that public interests may be protected and the
person/departmenUpublic institution in default proceeded against according to law.
Immediate Supervisor: The person with authority to observe, evaluate,
issue specific, day to day directives to, approve/disapprove requests of, promote,
demote, recommend or not recommend salary increases for, suspend, and
recommend for termination, the person being supervised, except in cases of
recommendations for termination of persons who occupy positions for which this
Charter specifically provides otherwise.
Manaaer-Directed Departments of the City: All City departments except
the Offices of the Mayor, City Attorney, City Clerk and City Treasurer and except
for the Water Department, the Free Public Library and the Civil Service
Administration.
Component Board: Board of Water Commissioners, Civil Service Board,
Free Public Library Board of Trustees, and/or any other board established under
[Rev May 14,2004 (3:28 PM)]
C - 30
Exhibit "A"
the authority of the Mayor and Common Council which has the formal authority to
hire, terminate, promote, or demote, any person applying for or occupying a
salaried position under the City government.
Civil Service Administration: The Civil Service Chief Examiner and those
employees who work under his/her supervision.
Civil Service System: The Civil Service Board, the Chief Examiner, the
employees supervised by the Chief Examiner, the functions and work products of
the Civil Service Board, the Chief Examiner and the employees he/she supervises.
Current Charter: The Charter adopted by the voters on January 6, 1905,
and all amendments thereto, beginning with those approved on December 28,
1908, through November 5, 2002, and any other amendments that may be
adopted prior to the effective date of this Charter as provided in Section 244,
herein.
This Charter: This document and its full text.
Full-time Permanent Employee: Any person hired to work for the City who
works a minimum of thirty-two (32) hours per week, and who is, hired as a
retirement benefits-eligible employee pursuant to the Public Employees
Retirement System (PERS) guidelines, and for whom there is no date of
termination stated when said person is hired.
Section 222. (Section Reserved) Oath of office. The text of Section 222 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 223. (Section Reserved) Ordinances in Force. The text of
Section 223 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 225. Restrictions on Officers. No person holding a salaried office
of this City, whether by election or appointment, shall hold any other office of
honor, trust or emolument under the government of the United States, or of this
State, except the office of Notary Public, Court Commissioner, or an office in the
National Guard, and any person holding any salaried office of this City, who,
during his/her term of such office, shall accept or hold any other office as
aforesaid, except that of Notary Public, Court Commissioner, or in the National
Guard, shall be deemed thereby to have vacated the office held by him/her under
this City Government, and the same shall immediately become vacant. Nothing
herein shall be deemed to prohibit any person holding any salaried office of this
City from accepting an appointment to and serving on any Federal or State
Commission or Committee providing such appointment and service is not full-time.
[Rev May 14,2004 (3:28 PM)]
C - 31
Exhibit "A"
. , .
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 designation.
Section 227. (Section Reserved) Office Hours. The text of Section 227 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 229. Deposit of Money. It shall be the duty of every City officer,
upon receiving into his/her hands money belonging to the Municipality, to forthwith
deposit the same with the City Treasurer, except where otherwise provided by this
Charter.
Section 230. Term of Office. Every elective or appointive officer of the City
shall hold office during the term prescribed by this Charter, and until his/her
successor is elected or appointed and qualified, and every appointive officer or
employee, except employees in the classified service, whose term is not fixed,
shall hold office during the pleasure of the officer or board appointing himlher, 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 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
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 238. (Section Reserved) Power to Reject Bids and Readvertise.
The text of Section 238 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 240. (Section Reserved) Taking or Damaging Private Property.
The text of Section 240 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 241. (Section Reserved) Employment of Legal Counsel. The
text of Section 241 of the current Charter is not being changed in any way by this
[Rev May 14,2004 (3:28 PM))
C - 32
Exhibit "A"
. , '
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 242. (Section Reserved) Qualifications of City Employees and
Appointment. The text of Section 242 of the current Charter is not being changed
in any way by this Charter and shall continue in full force and effect under this
Article in this Charter with the same text and same section designation.
Section 243. Nepotism. 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 situation shall disqualify themselves
from all decisions affecting the employment and promotional status of such
person.
Section 244. When Charter Takes Effect. This Charter shall take effect
on the day of the swearing in of the Mayor for the 2006 to 2010 term for the Office
of Mayor, but notwithstanding the foregoing, this Charter shall take effect no later
than April 3, 2006.
Section 245. Early Effective Date of Certain Sections of This Charter.
Notwithstanding the effective date of this Charter provided in Section 244 herein,
the provisions of Sections 120, 122 and this Section (245) shall take effect when
accepted and filed by the Secretary of State as amendments to the current
Charter; subsequently, Sections 120, 122 and 245 herein, shall continue in full
force and effect under this Article with the same text and same section
designations in this Charter, when this Charter takes effect as provided in Section
244 herein.
Section 246. (Section Reserved) Civil Service Board. Appointment. The
text of Section 246 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 247. Civil Service to Organize and Appoint Secretary.
Immediately after appointment and qualification the Board shall organize by
[Rev May 14,2004 (3:28 PM))
C - 33
Exhibit "A"
. ,
electing one of its members chairperson. The Board shall appoint a Chief
Examiner who shall also act as Secretary of the Board. The Board may appoint
such subordinates as the City Council may, by ordinance, prescribe. (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;
(e) The heads of departments, and the heads of divisions of
departments and members of all appointive boards;
(f) One secretary for each department and one secretary for the
City Manager.
(2) The classified service shall comprise all positions not specifically
included in this Charter in the unclassified service. There shall be in the classified
service, the following three classes, to be known as the competitive class, the
uncompetitive class and the labor class:
(a) The competitive class shall include all positions and
employment for which it is practicable to determine the merit
and fitness of applicants by competitive examinations.
(b) The uncompetitive class shall consist of all positions requiring
peculiar and exceptional qualifications of a scientific,
managerial, professional or educational character, or may be
determined by the rules of the Board.
(c) The labor class shall include ordinary unskilled labor.
(City Attorney Opinion No. 97-1; City Attorney Opinion No. 93-7; City Attorney Opinion No.
91-18; 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.
Section 250. (Section Reserved) Codes of Rules and Regulations. The
text of Section 250 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article with the same
text and same section designation.
[Rev May 14, 2004 (3:28 PM)]
C - 34
Exhibit "A"
.. , ! .
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. (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; 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 Civil Service Board. All charges shall be heard and trials had
under such rules as the Civil Service may prescribe. PROVIDED, that the
provisions of this section are at all times subject and subordinate to the provisions
of Section 256. (City Attorney Opinion No. 97-1; City Attorney Opinion No. 96-9; City Attorney
Opinion No. 96-5; 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 other authorized supervisor, may appeal from the decision of such officer to
the Civil Service Board, and such Board shall define the manner, time and place
by which such appeal shall be heard. The judgment of such board shall be final;
PROVIDED that the provisions of this section are at all times subject and
subordinate to the provisions of Section 256. (Livingstone v. MacGillivray (1934) 1 Ca/.2d
546,552, 553-554; City Attorney Opinion No. 96-9; City Attorney Opinion No. 95-10; City Attorney
[Rev May 14,2004 (3:28 PM)]
C - 35
Exhibit "A"
.. ~ ) .
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 to Dismiss.
A. The City Manager, Acting City Manager, Chief of Police, Chief of the Fire
Department and any appointive commissioner, board member or committee
member of any committee, of the City of San Bernardino, except those
commissioners and members appointed for a definite term, and except for
any committees of which the membership is composed entirely of members
of the Common Council, may summarily be dismissed for the good of the
service by the Mayor, with the consent of two-thirds (2/3) of the Common
Council.
B. Any Department Head, Division Head or any employee in the unclassified
service except elected officers, officers appointed for a definite term, and
except deputies, assistants, clerks, employees, and attaches holding office at
the pleasure of an elective officer, may summarily be dismissed for the good
of the service by the City Manager with the consent of the Mayor and
Common Council. (Livingstone v. MacGillivray (1934) 1 Ca/.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 current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 258. (Section Reserved) Payment of Salaries. The text of Section 258 of
the current Charter is not being changed in any way by this Charter and shall continue in
full force and effect under this Article in this Charter with the same text and same section
designation.
Section 259. (Section Reserved) Investigations. The text of Section 259 of the
current Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same section
designation.
Section 261. (Section Reserved) Penalties Fixed by Civil Service Board. The
text of Section 261 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
Section 262. Effectiveness and Repeal of Former Charter. Upon the effective
date as set forth in Section 244, the provisions of this Charter shall be in full force and
effect under the law, except for Sections 120, 122, and 245, which take effect when
accepted and filed by the Secretary of State as set forth in Section 245. Upon the effective
[Rev May 14,2004 (3:28 PM)]
C - 36
Exhibit "A"
... ~ J .
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 May 14,2004 (3:28 PM)]
C - 37
Exhibit "A"
.
RESOLt~'1f
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO
THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CITY
3 CI;IARTER; TRANSMISSION OF THE PROPOSED NEW CITY CHARTER
TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF
4 PREPARATION OF AN IMPARTIAL ANALYSIS.
5
BElT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Recital.
8
A.
This Resolution has been adopted by the Mayor and Common Council of the City of
9 San Bernardino on the date of May _,2004, submitting to the qualified electors of the City of
10 San Bernardino a proposed new Charter, a copy of which is attached hereto as Exhibit A and is
II hereby incorporated herein as though fully set forth.
12 SECTION 2. Request for Consolidation of Elections. Pursuant to Section 10400 of the
13 California Elections Code, the Mayor and Common Council of the City of San Bernardino have
14 previously requested by Resolution No.
that the Board of Supervisors of the County of
15 San Bernardino consolidate the City's special municipal election with the statewide presidential
16 general election to be held on Tuesday, November 2, 2004.
17 SECTION 3. Measure. The measure to be voted on at the consolidated special municipal
18 election as it is to appear on the ballot shall be as follows:
19
20
21
22
23
ADOPTION OF NEW CHARTER FOR THE CITY OF
SAN BERNARDINO. CHARTER MEASURE
Yes [ ]
Shall a new Charter be adopted for the City of San Bernardino?
No [I
24 The measure shall be designated on the ballot by a letter printed on the left margin of the
25 square containing the description of the measure as provided in the Elections Code of the State of
26 California.
27 SECTION 4. Canvass of Returns by Board ofSuDervisors. Pursuant to Resolution No.
28
I
~:;I #Jd"
J> 10 j, t.{
j
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO
THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CITY
3 CHARTER; TRANSMISSION OFTHE PROPOSED NEW CITY CHARTER
TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF
4 PREP ARA TION OF AN IMPARTIAL ANALYSIS.
5
6
7
8
9
10
II
, the Board of Supervisors of the County of San Bernardino has been authorized
to have canvassed the returns of the consolidated special municipal election and to conduct the
consolidated special municipal election in all respects as if there were only one election with only
one form of ballot. Results of the special municipal election shall be certified to the Mayor and
Common Council of the City of San Bernardino.
SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice of
the special municipal election which shall contain the following:
12
\3
A. The date of election;
B. That the last day for receipt of primary arguments for or against the measure has been
14
15
16
17
established as 4:30 p.m. on August 13,2004, in the City Clerk's Office, Second Floor, City Hall, 300
North "D" Street, San Bernardino, California;
C. That the last day for receipt of rebuttal arguments is 4:30 p.m. on August 20, 2004,
in the City Clerk's Office at the above location.
In accordance with the California Elections Code, including 99290, the City Clerk is directed
18
19
20
21
22
23
24
25
26
27
28
to accept arguments and arrange for sample ballots, and mail the text of the proposed new Charter.
This notice may be combined with a notice of any other municipal election to be held on the
same date.
SECTION 6. Conduct of Election. Pursuant to Resolution No.
, the
consolidated special municipal election shall be held in such precincts and at such polling places as
shall be determined by the Registrar of Voters of the County of San Bernardino. The Board of
Supervisors of the County of San Bernardino has been requested to issue instructions to the Registrar
of Voters to take all steps necessary for the holding of the consolidated election. The Mayor has
been authorized to execute a contract for the services necessary for conducting the municipal
2
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO
THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CITY
3 CHARTER; TRANSMISSION OF THE PROPOSED NEW CITY CHARTER
TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF
4 PREPARATION OF AN IMPARTIAL ANALYSIS.
5
election.
6
7
8
9
10
II
SECTION 7. Filinl! of Resolution. The City Clerk of the City of San Bernardino is
directed to file a certified copy of this resolution with the Board of Supervisors of the County of San
Bernardino.
SECTION 8. Transmission of Proposed New City Charter. Pursuant to the State of
California Elections Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot
Measure, and all other necessary documents, to the Office of the City Attorney for purposes of
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO
THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CITY
3 CHARTER; TRANSMISSION OF THE PROPOSED NEW CITY CHARTER
TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF
4 PREP ARA TION OF AN IMPARTIAL ANALYSIS.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a
meeting thereof, held on
, 2004, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
17
18
19
20
21
22
CITY CLERK
The foregoing resolution is hereby approved this
day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
23
24 Approved as to form and
legal Content:
25
JAMES F. PENMAN,
26 City Attorney
27 Byr 1~
28
4
JAM ESP. M 0 R R I S, ESQ.
~ :'II
May 17,2004
Entered into Record at J / d
CounciliCmvDevCrns Mtg: 5'//7 0"1
by ~(? ~
re Agenda tern 2:> oJ oS /
Honorable Mayor & Councilmembers
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
~. f.2.~
City Clerk/COC Secy
City of San Bernardino
Honorable Mayor & Members of the City Council:
I was surprised to see on the agenda for today's meeting of the City Council the
resolutions required to send to the voters a proposal to siguificantly change the City Charter for
the City of San Bernardino. The reason for my surprise is that the proposal has not received any
public input or substantive study by the City Council since it was initially drafted and presented
by the City Attorney several months ago. It is your duty and obligation as elected officials to
educate yourselves about the proposal by engaging experts in the field of local govemance,
thoroughly analyze the proposal and understand its impacts, and make an informed decision
about whether the proposed changes would be in the best interest of our city. To do otherwise, to
simply place this proposal on the ballot without expert advice, careful consideration and broad
public input, is nothing less than an abdication of the public trust the voters have placed in you.
The city charter is the constitution of our city. Proposed changes to the charter should
not be taken lightly nor placed before the voters without careful analysis and understanding of
their effects. The current proposal to incorporate a city manager into our governance should be
viewed as the starting point for thoughtful analysis and consideration by our city's policymakers.
I strongly urge that before you act, please consider the following thoughts and concerns.
A. Educate Yourselves and Seek Input & Analysis from Experts.
Currently, none of our city leaders has any experience goveruing under a city manager
form of government. Every leader, including our City Attorney who proposed and drafted the
changes, has not spent any time on the inside of a city that is led by a city manager. As a result,
it is imperative before you act, that you educate yourselves about this form of government and
seek input and advice from experts who have experience with city managers. There are people
in our region and state who have spent a lifetime studying and evaluating the pros and cons of
the city manager form of government. There are hundreds of extremely seasoned city managers
throughout California who have hundreds of years of collective experience in managing cities.
776 BERNARD WAY SAN BERNARDINO CALIFORNIA 92404
BUSINESS (909) 686-1450 HOME (909) 882-3648 MOBILE (909) 289-0868
Honorable Mayor & Councilmembers
May 17, 2004
Page 2
Input from these individuals is critical, if not absolutely necessary, before proposing any
final changes that attempt to create a city manager form of governance in San Bernardino. These
individuals can help answer questions such as:
. What powers and duties must be delegated to enable a successful city manager?
. What controls over a city manager should be retained and in whom should those
controls be vested?
. Is it feasible to have a successful city manager when entire functions of the city
are being separately managed by the mayor?
. Would a city manager be able to effectively manage a city with an independent
civil service commission that controls employee hiring and firing?
. What are the effects of having a "semi-strong city manager" co-exist with a
"semi-strong mayor," an independently elected city attorney and city clerk, and a
city council?
. Would this position be attract top-notch, high-quality city manger candidates; or
would they see this position as set-up for failure?
. Has any city tried this government structure before and what was their experience,
and ifnot, should we be an experiment?
To not obtain expert input regarding these critical and fundamental questions is like
speeding around a blind curve without any idea of what is around the corner. Every effort should
be made to ensure we are establishing a form a governance that will function better than our
existing form of government, by incorporating the best elements of a city manager government
and avoiding the pitfalls that have plagued some manager-lead cities. This educational and
analytical process cannot be done in a vacuum, and it cannot be done by people who have no
experience with city manager led cities; you must reach out and ask for assistance and input from
the experts.
B. Define a Purpose for the Charter Changes and Ensure the Purpose is Carried
Consistently Throughout the Charter.
Before proposing changes to the charter, the city council should identify a common
purpose for the changes, so that all the necessary changes can be made to the charter to
implement that purpose. For example, the current proposal is to place a city manager within the
existing governing structure for our city. The city manager form of government was created in
1940's and 1950's for the purpose bringing professionalism to local governance. It was an effort
that recognized cities could benefit greatly by employing and delegating to a well-trained
professional the day-to-day functions of managing a municipal corporation. If the city council
agrees that better professional management of our city is needed, then it must look at the entire
charter to ensure a professional manager is given the tools needed to manage our city, and that
political barriers and pitfalls to professional management are removed.
Honorable Mayor & Councilmembers
May 17, 2004
Page 3
C. Understand All the Effects of Proposed Charter Changes.
Before acting, the city council should feel comfortable that it fully understands all the
effects and consequences of the proposed changes to the city charter. Voters must be presented
with proposed charter changes which are clearly understandable and the effects of which can be
clearly articulated to the average citizen. Achieving this goal requires the city council to seek
clear and lucid language in the charter. Jnst adding new language for a city manager to an
existing charter with provisions that are often confusing or contradictory, can be a recipe for
disaster. For example, the current proposal adds several definitions to our city charter that are
unlike any provision in any charter in California, and the inclusion of this language will likely
lead to confusion and problems. See if you can discern the meaning and effect of the following
two terms proposed for our charter:
"General Supervision: The supervision by the Chief Executive Officer which is
supervision that includes giving general policy directions, but does not include the
authority to issue specific, day to day directives; requires the person exercising the
general supervision to vigilantly observe the official conduct of the
person/department/public institution being supervised, and take notice of the
fidelity and exactitude or want thereof, with which the person/department/public
institution being supervised executes his/her/its duties and obligations, especially
in the collection, administration and disbursement of public funds and property.
Any defamation or willful neglect of duty or official misconduct shall be laid
before the Common Council in order that public interests may be protected and
the person/department/public institution in default proceeded against according to
law.
"Immediate Supervisor: The person with authority to observe, evaluate, issue
specific, day to day directives to, approve/disapprove requests of, promote,
demote, recommend or not recommend salary increases for, suspend, and
recommend for termination, the person being supervised, except in cases of
recommendations for termination of persons who occupy positions for which this
Charter specifically provides otherwise."
Again, if the average citizen cannot understand the language in our city's constitution, we should
be working more diligently to draft better language or creating a form of governance that is more
understandable.
Honorable Mayor & Councilmembers
May 17, 2004
Page 4
Finally, please do not make our city an experiment in local governance. The current
charter proposal attempts to "shoehorn" a city manager into our governance structure. It is NOT
a proposal to create a true city manager form of govermnent that exists in the vast majority of
cities in throughout the state. The proposed form of government is unprecedented and has never
before been tried or implemented anywhere in California. Do we really want to be a guinea pig
for a hybrid form of government that splits responsibilities among an unprecedented number of
officials? Will the average citizen better understand our city governance and know who is in
charge? Will this solve problems or just lead to more finger-pointing among officials? Let us
take our time to think through the purpose of changes and consult with experts to ensure we are
creating a form of govermnent that will help rebuild the confidence of our citizens in the
governance of San Bernardino.
Sincerely,
~
/
James P. Mo s
Section 263. Severability. The provisions ofthis Charter are severable, and, if any
sentence, section or other part of this Charter should be found to be invalid, such invalidity
shall not affect the remaining provisions, and the remaining provisions shall continue in full
force and effect.
Entered into Record"
COl!nr.illCmyOevCml Mtg:
511~7o~^"~'7: k{ 5 j.-m.
Ov -.
re IIjj"nda Item
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City Clerk/COe Seey
City of San Bernardino
[Rev May 17,2004 (8:01 AM)]
C - 38
Revised
Exhibit "A"
CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
PREAMBLE
We, the citizens ofthe City of San Bernardino, hereby establish this Charter
to promote economic, environmental, and cultural prosperity throughout our
community; to enable our City, government to meet the needs of the people
effectively and efficiently; to provide for accountability and ethics in public service;
and to ensure equality of opportuh!ty for every resident.
\
\
Article I '~rticle Reserved)
Boundaries, R~hts and Liabilities
\
Section 1. (Section Reserved) ~wers 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 cnanged 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 ElectilJns
\
Section 10. (Section Reserved) Primary and General Election. The text
of Section 10 of the current Charter is not being c anged in any way by this
Charter and shall continue in full force and effect und r this Article in this Charter
with the same text and same section designation.
Section 10-A. Election to Office. Any candi ate for any City office who at
a primary election shall receive votes on a major' y of all the ballots cast for
candidates for the office for which such candidate seeks nomination, shall be
elected to such office. Where two or more candidat s are to be elected to a given
office and a greater number of candidates receive a majority than the number to
be elected, those candidates shall be elected who secure the highest votes of
those receiving such majority, and equal in number to the number to be elected.
Any officer elected shall hold office until his or her successor is elected and
qualifies.
[Rev May 17, 2004 (9:00 AM)]
C - 1
Revised
Exhibit "A"
Section 11. Provision for Elections - Returns - Certificate. The Mayor
and Common Council shall provide for the holding of all City elections.
On the second day after a City election, exclusive of holidays, at 1 :30 p.m.
the Mayor and Common Council, or the City Clerk, or a canvassing board
appointed by the City Clerk by order of the Mayor and Common Council shall meet
at the City Hall, San Bernardino, California and proceed to canvass the election
returns.
The previous paragraph notwithstanding, all City elections consolidated with
elections conducted by the County of San Bernardino, and all City elections that
are conducted pursuant to agreement with the County of San Bernardino shall
follow the County's process for the conduct of such elections and the canvass of
such returns.
At the next regular or adjourned regular council meeting following the
completion of the canvass, the Mayor and Common Council shall declare the
results of said election as certified by the City Clerk or the Registrar of Voters of
the County of San Bernardino as being official.
Section 11-A. (Section Reserved) Compensation For Officers. The text
of Section 11-A of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 12. Approval and Filing of Bond. After the result of an election
is declared, or an appointment made, the City Clerk under his/her hand and official
seal shall issue a certificate thereof to the person elected or appointed by
delivering it to him/her personally, or by depositing it with postage pre-paid in the
post office, addressed to him/her at the City of San Bernardino; and within ten
days thereafter such person so elected or appointed, shall file the certificate with
his/her oath of office attached, in the office of the City Clerk. When an Official
Bond is required of an officer it shall be approved and filed before entering upon
the duties of his/her office, within twenty (20) days after the certificate of election is
issued to him/her.
Section 13. (Section Reserved) Officers Elected. The text of Section 13
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 14. (Section Reserved) Officers and Terms. The text of Section
14 of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
There shall be elected at the general election in 1998 and every fourth year
thereafter, a Mayor who shall be elected at large for a term of four years
Revised
Exhibit "A"
C - 2
[Rev May 17,2004 (9:00 AM)]
commencing on the first Monday in March next succeeding such election.
Section 14-A. Vacancy on Council. A vacancy on the Common Council,
from whatever cause arising, shall be filled for the unexpired term thereof through
the election of a successor Council Member by the qualified electors of the ward in
which the vacancy has occurred. Such Council Member shall have been a
qualified elector and resident of the ward for at least thirty (30) consecutive days
next preceding the date of filing of nomination papers for the office.
Said election shall be held at the time established by the Mayor and
Common Council and shall be conducted in the manner provided for by general
law; provided that the Mayor and Common Council shall have power by ordinance
to provide for the manner of holding such election and such ordinance shall prevail
over the general law.
Section 14-8. (Section Reserved) Consolidated General Election. The
text of Section 14-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.
Section 15. Vacancies. An office becomes vacant when the incumbent
thereof dies, resigns, is adjudged insane, convicted of a felony or of any major
offense involving a violation of his/her official duties, or is removed from office, or
ceases, in the case of a Council Memberto 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.
Section 16. Military Leave of Absence. Anything in this Charter to the
contrary notwithstanding, all employees or officers, excepting elective officers, who
have heretofore or shall hereafter enter the armed forces of the United States
during war or national emergency as declared by the President or the Congress of
the United States shall be entitled to a leave of absence during such service in
accordance with applicable State and Federal laws, and for a period of ninety (90)
days thereafter. Every such employee or officer returning to the City within the time
herein specified, and who has been honorably discharged from such services,
shall be reinstated without loss of status or seniority, provided he/she is still
qualified for such office or position. If the office or position no longer exists, or the
employee or officer is no longer qualified for his/her former position, he/she has
the right to return to a position to which he/she meets the qualifications at the
same compensation, status and seniority.
All persons appointed to fill such positions during war or national
emergency shall be temporary appointees only.
[Rev May 17, 2004 (9:00 AM)]
C - 3
Revised
Exhibit "A"
Bonds and Salaries
Section 20. Approval of Bonds. Officers of the City, before entering upon
the discharge of their official duties, shall execute to said City such Official Bond
as may be required by law, ordinance or this Charter. When the amount of any
bond is not fixed by law, ordinance or this Charter, and power to fix same is not
herein conferred upon any board or officer, it may be fixed by ordinance. All bonds
shall be approved by the authorized designee of the Mayor and Common Council
and filed with the City Clerk, and shall be recorded by the City Clerk in a book
entitled "Official Bonds" and kept for that purpose, except the Bond of the City
Clerk, which shall be filed with the Mayor, after being so recorded. The approval of
every Official Bond must be endorsed thereon and signed by the officers
approving the same after the examination of the surety.
Section 21. City Officials as Surety - Form - Liability - Bond of Surety
Company. City Officers shall not be accepted as surety for each other on Official
Bonds. Every Bond shall be in form joint and several and made payable to the City
of San Bernardino, and contain a condition that the principal will faithfully perform
all official duties that may be imposed upon or required of him/her by law or
ordinance, and that at the expiration of his/her term of office he/she will surrender
to his/her successor all property, books, papers and documents that may come
into his/her possession as such officer. Said Bond must be executed by two or
more sureties, but when the amount of the bond is more than five thousand dollars
($5,000.00), the sureties may become severally liable for a portion of not less than
twenty-five hundred ($2,500.00), when there are more than two sureties, said
sureties may justify in an amount which in the aggregate shall equal double the
amount of said bond. But the Mayor and Common Council may require the
Treasurer to give a Surety Company Bond in which case the expense of such
bond shall be borne by the City, and may accept and approve of a Surety
Company Bond for any officer without other surety.
Section 23. (Section Reserved) Additional Bond - Vacancy. The text of
Section 23 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 24. (Section Reserved) Salary of Mayor. The text of Section 24
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 24-A. Salary of Council. The Council Members shall each receive
an annual salary of six hundred dollars ($600.00), payable monthly.
Section 24-B. (Section Reserved) Salary of City Clerk. The text of
Section 24-B of the current Charter is not" being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
[Rev May 17, 2004 (9:00 AM)]
C - 4
Revised
Exhibit "A"
Article III
Legislative Department - The Common Council
Section 30. Legislative Power. The legislative power of the City is hereby
vested in the Common Council consisting of seven members, four of whom shall
constitute a quorum, but a less number may adjourn from time to time, or compel
the attendance of other members. No order, except to adjourn for lack of quorum,
or to compel the attendance of a quorum, and no ordinance or resolution shall be
valid unless it receives the affirmative vote of four Council Members, or, in the
event of a tie vote by the Council Members present, if it receives the affirmative
vote of three Council Members and the Mayor.
Section 31. Ordinances - Adoption - Emergency and Urgency. Except
for emergency or urgency ordinances, no ordinance may be adopted by the
Common Council on the day of its introduction, nor within five (5) days thereafter,
nor except at a regular or adjourned regular meeting. At the time of adoption of an
ordinance or resolution it shall be read in full unless, except for its title, the reading
thereof is waived by unanimous consent of all Council Members present. If an
ordinance is altered after its introduction (except for correction of typographical or
clerical errors), it shall not be adopted except at a regular or adjourned regular
meeting held not less than five (5) days after the date of such alteration.
Ordinances and codes may be adopted by reference in accordance with general
law.
Emergency or urgency ordinances and each resolution may be adopted on
the day of introduction and may take effect upon adoption; provided, however, that
this section is not intended, nor shall it be deemed to affect the method of adopting
special ordinances and resolutions as required by municipal improvement act,
laws relating to elections, taxation, and annexations, or other provisions of law
prescribing the time, form and manner for the adoption of ordinances and
resolutions of special cases.
No order, resolution or ordinance shall have effect without approval of the
Mayor, except when five (5) members of the Common Council concur in its
adoption. In case of orders, the approval ofthe Mayor shall be presumed unless at
the same meeting at which the order is passed, the Mayor causes his/her
disapproval, with his/her reasons therefore, to be spread upon the minutes. All
resolutions and ordinances after passage must be submitted to the Mayor who
shall, within five (5) days after he/she has received the same, endorse his/her
approval or disapproval thereon, giving the reasons for his/her disapproval. Each
ordinance or resolution to be valid must be passed by a vote of not less than four
(4) Council Members and approval by the Mayor, provided that if the Mayor fails to
approve the same it may be passed by a vote of not less than five (5) Council
Members, and shall take effect as if approved by the Mayor.
Section 32. (Section Reserved) Ordinances - Enacting Clause. The text
of Section 32 of the current Charter is not being changed in any way by this
Revised
Exhibit "A"
C - 5
[Rev May 17,2004 (9:00 AM)]
Charter and shall.continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 33. (Section Reserved) Ordinances - Publication. The text of
Section 33 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 34. Powers of Common Council - Written Charges. The
Common Council shall have power to adopt rules for its own proceedings; to
compel the attendance of witnesses and absent members; the producti<;>n 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 presented
and be heard on his/her own behalf.
The Ayes and Noes shall be taken. and entered in the Journal of its
proceedings at the request of any member and must be so taken and entered
upon the passage of all Ordinances and Resolutions, and in matters concerning
the granting of franchises, making of contracts, allowing bills, ordering work to be
done, or supplies to be furnished, disposing of City property, or any act that may
involve the payment of money or the incurring of a debt against the City.
Section 35. (Section Reserved) Meetings - Time of. Adjournments. The
text of Section 35 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 36. Mayor to Preside - Temporary Absence of Mayor; Mayor
Temporarily Unable to Perform Duties. The Mayor shall preside at all meetings
of the Common Council, but shall not be entitled to vote except in the event of a
tie. In the absence of the Mayor from any Council meeting, the Common Council
may choose one of their own number to preside over that meeting who shall retain
the right to vote upon all questions under consideration, and shall have the same
power to disapprove any order made by the Common Council, and with like effect
as the Mayor would have had if present at this meeting, however, that member
shall not have the ability to cast an additional vote in the event of a tie.
In case of temporary absence from the City, or sickness, or due to any other
cause, the Mayor is temporarily unable to perform the duties of his/her office, the
Common Council shall appoint one of their own number Mayor pro-tempore who
shall have all powers and authority which the Mayor would have possessed if
personally present and attending to such duties, and such Mayor pro-tempore
shall not lose his/her vote as Council Member, but shall not have the ability to cast
[Rev May 17, 2004 (9:00 AM)]
C - 6
Revised
Exhibit "An
an additional vote in the event of a tie.
Section 37. Council Committees. Notwithstanding any other provision(s)
of this Charter, the Common Council may create such standing and ad hoc
committees as it deems appropriate, to be composed entirely of Council Members
and said committee members shall be appointed by the Common Council.
Section 39. Power to Override Mayor. Any order, directive and/or
decision of the Mayor made either formally or informally may be overridden,
amended, revised or withdrawn by two-thirds (2/3) vote of the Common Council.
Subjects of Legislation
Section 40. Powers of Mayor and Common Council. The Mayor and
Common Council of the City of San Bernardino, hereafter referred to as Council,
shall have the following enumerated powers.
(a) (Section Reserved) Purchase and Sale of Property. The text of Section
40(a) of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect 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.
(c) (Section Reserved) Nuisances. The text of Section 40(c) of the current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same
section designation.
(d) License Fee. Council shall have power to license for purposes of
revenue all and every kind of business, occupations, shows, exhibitions, and lawful
games carried on in the City and to fix the rate of license fee thereon.
(e) Taxes. Council shall have power to levy and collect taxes subject to
State law.
(f) (Section Reserved) Fire Department. The text of Section 40(f) of the
current Charter is not being changed in anyway by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
(g) (Section Reserved) Police. The text of Section 40(g) of the current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same
[Rev May 17, 2004 (9:00 AM)]
C -7
Revised
Exhibit "A"
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 suppres!,
lewdness and houses of ill fame and buildings or places used for lewdness,
assignation or prostitution.
0) (Section Reserved) Storage. The text of Section 400) of the current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same
section designation.
(k) (Section Reserved) Parks. The text of Section 40(k) of the current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same
section designation.
(I) (Section Reserved) Hospitals, etc. The text of Section 40(1) ofthe current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same
section designation.
(m) (Section Reserved) Cemeteries. The text of Section 40(m) of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
(n) Animal Shelter. Council shall have power to establish and regulate a
public animal shelter.
(0) City Jail/Holding Area; Use of Inmates. Council shall have power to
provide a City jail/holding area and to provide for the utilization of the services of
any person(s) sentenced by the court to perform such community service as may"
be prescribed.
(p) (Section Reserved) Sewers. The text of Section 40(p) of the current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same
section designation.
(q) (Section Reserved) Bridges, Streets, etc. The text of Section 50(q) ofthe
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.
[Rev May 17. 2004 (9:00 AM)]
C - 8
Revised
Exhibit "A"
(r) Fines and penalties. Council shall have power to impose fines, penalties
and forfeitures for any and all violations or ordinances; and for any breach or
violation of ordinances; to fix the penalty by fine or imprisonment, or both. The
violation of any lawful ordinance made by the Mayor and Common Council shall
constitute either a misdemeanor or an infraction, as determined by the Council by
ordinance, and shall be prosecuted in the name of the people of the State of
California.
(s) Compensation and Removal of Officer. Council shall have power to
appoint, confirm and remove such appointed officers and appointed full-time
permanent employees, and to fix theif qualifications, duties and compensations of
City employees subject to the civil service provisions and other provisions of this
Charter upon the recommendation of the City Manager except that the
appointment and removal of the City Manager, Acting City Manager, Chief of
Police and Chief of the Fire Department shall only be acted upon in response to
the Mayor's nomination in instances of appointments and the Mayor's
recommendation in instances of removal(s). The Council may not, however,
remove officers appointed for a definite term, nor deputies, assistants, clerks, and
attaches holdirig 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 City Manager, Chief of Police or Chief of the Fire Department
unless, and until, said Mayor Pro Tempore, acting as the Mayor shall have been
acting as Mayor for a period of not less than sixty (60) consecutive days prior to
said removal or discharge, or prior to making a recommendation to remove or
discharge. The authority of a Mayor Pro Tempore, while acting as Mayor, to
suspend for cause is not limited by the preceding sentence.
(t) (Section Reserved) Public Utilities. The text of Section 40(t) of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
(u) (Section Reserved) Public Works. The text of Section 40(u) of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
(v) Permit for Construction in Proximity to City Streets. Council shall have
power to permit, under such restrictions, as they may deem proper, the laying of
railroad tracks and the construction and operation of street railways and the
running of cars drawn by steam, electricity or other power thereon; and the laying
of gas and water pipes in the public streets; and the construction and maintenance
of telephone and telegraph lines therein.
[Rev May 17, 2004 (9:00 AM)]
C - 9
Revised
Exhibit "A"
(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) Animal Licensing Fee. Council shall have power to impose and collect
an annual license fee on any canine owned or harbored within the limits of the
City.
(z) Make and Enforce Laws and Regulations. Council shall have power to
make and enforce all laws and regulations in respect to municipal affairs, subject
only to the restriction and limitations provided in this Charter or by State law.
(aa) (Section Reserved) Other Powers. The text of Section 40(aa) of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
Section 41. (Section Reserved) System for Assessment, Levy, and
Collection of Taxes. The text of Section 41 of the current Charter is not being
changed in any way by this Charter and shall continue in full force and effect under
this Article in this Charter with the same text and same section designation.
Article IV
Elected Municipal Officers
Mayor
Section 50. Chief Executive Officer. The Mayor shall be the Chief
Executive Officer, and chief spokesperson, of the City of San Bernardino and a
citizen of the State of California who shall be at least thirty years of age and a
resident and qualified elector of the City for a period of at least thirty (30)
consecutive days next preceding the date of filing nomination papers for the office.
The Mayor shall vigilantly observe the official conduct of all public officers, and
take notice of the fidelity and exactitude, or the want thereof, with which they
execute their duties and obligations, especially in the collection, administration and
disbursement of public funds and property. The books, records and official papers
of all departments, boards, officers and persons in the employ or service of the
City shall, at all times be open to all persons for inspection and examination. Any
defamation or willful neglect of duty or official misconduct which may be reported
or discovered by the Mayor shall be laid before the Common Council in order that
public interests may be protected and the person in default proceeded against
according to law. The Mayor shall, from time to time, give the Common Council
Revised
[Rev May 17, 2004 (9:00 AM)] C - 10 Exhibit "A"
information in writing relative to the state of the City's municipal affairs and
business, and shall recommend such measures as may be deemed beneficial.
The Mayor shall have the books and records of all pUblic departments,
pertaining to the finances of the City, experted by a competent person at least
once in every year. Any person refusing to submit to, or permit such examination,
or purposely delaying, or impeding the same, may be suspended from office by
the Mayor and removed for malfeasance by the Mayor and Common Council. The
Mayor shall have general supervision over all the departments and public
institutions of the City; The Mayor shall take all proper measures for the
preservation of public order and suppression of all riots and tumults.
Section 51. Appointments and Vacancies. The Mayor, with the consent
and approval of the Common Council, shall appoint all officers, and all members of
joint powers authorities, committees, and commissions, regardless of whether they
are local, county, regional, state or otherwise, exceptthose appointments made by
the City Manager or by elected officials pursuant to this Charter, and except any
other appointments for which this Charter expressly provides otherwise, and shall
fill all vacancies in an elective office not otherwise provided for in this Charter;
provided that in no case where a vacancy has occurred and an appointment been
made to an elective office, shall the officer hold beyond the next general municipal
election at which time an election shall be held for that office so vacated to fill the
unexpired term. In case of a vacancy in the office of Mayor, the vacancy shall be
filled by the Common Council by a majority vote, and the appointee shall be a
person meeting all of the requirements 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 vetoes.
Section 52. Supervision by Mayor. The Mayor shall have the general
supervision of the City Manager, Acting City Manager, Chief of Police, Chief ofthe
Fire Department, and of all elected officers, except Council Members. The Mayor
shall have the authority to suspend and discharge, for cause, the City Manager
and/or the Acting City Manager subject to the laws of the State of California.
City Attorney
Section 55. Position - Duties - Salary. (a) (Section Reserved) The text of
Section 55(a) of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
(b) To be eligible to hold the office of City Attorney, the person elected or
appointed shall be an attorney at law, duly licensed as such under the laws of the
State of California, and shall have been engaged in the practice of law for at least
five (5) years prior to his/her election or appointment, and shall have been a
resident and elector of the City for a period of at least thirty (30) consecutive days
next preceding the appointment or the filing of nomination papers for election to
[Rev May 17, 2004 (9:00 AM)]
C-ll
Revised
Exhibit "A"
the office.
(c) In the event a vacancy shall occur in the office of City Attorney during
his/her term, such vacancy shall be filled by appointment by the Mayor and
Common Council, which appointment shall be valid until the next general
municipal election, at which time a City Attorney shall be elected for the remainder
of any unexpired term, or for a full term in accordance with Article II ofthis Charter.
(d) (Section Reserved) The text of Section 55(d) of the current Charter is
not being changed in any way by this Charter and shall continue in full force and
effect under this Article in this Charter with the same text and same section
designation.
(e) The salary of the City Attorney shall be fixed by the Mayor and Common
Council, but shall not be less than seventy-five hundred dollars ($7,500.00) per
annum. He/She shall be provided with office space and equipment, and clerical
help by the City.
City Clerk
Section 60. Duties. The duties of the City Clerk shall be to keep the
corporate seal and all books, papers, records and other documents belonging to
his/her office, attend all meetings of the Mayor and Common Council and keep a
journal of the proceedings. He/She shall have full power and authority to take all
affidavits and administer all oaths necessary in the transaction of city business, but
shall make no charge therefor. His/Her official books and records shall be kept
properly indexed and be open to public inspection during office hours. He/She
shall number and keep a record of all demands allowed and certified to him/her,
showing the date of approval, to whom the same is allowed, the nature of the
claim, and the fund out of which the same is payable. He/She shall issue all
licenses and countersign all warrants on the City Treasury, except warrants of the
boards, and shall do and perform all other acts required of him/her by this Charter,
or by ordinance, or which may be required of him/her by the Mayor and Common
Council.
City Assessor
Treasurer
Section 70. Duties. The Treasurer shall receive and payout all moneys
belonging to the City, and shall keep an account of all receipts and expenditures,
under such rules and regulations as may be prescribed. He/She shall make a
monthly statement to the Mayor and Common Council of the receipts and
expenditures of the preceding month, and shall perform all duties required of
him/her by law and the Mayor and the Common Council. He/She shall not payout
any monies belonging to the City except on claims presented, allowed and
submitted in the manner provided by this Charter.
[Rev May 17, 2004 (9:00 AM)]
C - 12
Revised
Exhibit "A"
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
City Manager
Section 100. Selection and Qualifications. The Mayor shall
appoint, subject to confirmation by the Common Council, a City Manager
who shall be the chief administrative officer of the City. The City Manager
shall be responsible for the administration of all City departments except the
Offices of the Mayor, City Attorney, City Clerk, City Treasurer, the Water
Department, the Free Public Library and the Civil Service System. Said City
Manager shall be of at least 30 years of age and shall be a resident of the
City or shall become a resident of the City within 180 days of assuming
office. Said City Manager shall be at least 30 years of age and shall be a resident
of the City or shall become a resident of the City within 180 days of assuming
office. Said City Manager shall have received, from an accredited college or
university, a masters degree in public administration, business administration, or
an equivalent degree in a related field, or a higher degree, and said City Manager
shall have served as a City Manager, or as a City Administrator, or Chief Executive
Officer of a county, or as an Assistant City Manager, City Administrator, or Chief
Executive Officer of a county for a minimum of three years. The Mayor shall
appoint the person deemed best qualified on the basis of executive and
administrative capabilities, giving preference to candidates with management
experience, and knowledge of accepted practices with respect to the duties
of the office as set forth in this Charter.
Section 101. Assistant City Manager. The City Manager shall have
the power to appoint, with the confirmation of the Mayor and Common
Council, an Assistant City Manager, who shall be empowered to perform all
duties of the City Manager in the event of the absence or disability of the City
Manager and such other duties as the City Manager shall direct. The
Assistant Manager shall serve at the pleasure of the City Manager.
Section 102. Authority and Duties 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, subject to section 40(s) of this charter; exercise
immediate supervision over, suspend, and remove, all City employees of all
Manager-directed departments of the City in both the classified and
[Rev May 17,2004 (9:00 AM)]
C-13
Revised
Exhibit "A"
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; and to appoint any temporary, part-time employees of all
Manager-directed departments of the City;
(c) To ensure, in cooperation with the Attorney General, District
Attorney, City Attorney, Police Chief and Fire Chief, that all laws, ordinances,
orders, resolutions, contracts and franchises are enforced and executed;
(d) To attend all meetings of the Mayor and Common Councilor
council committee meetings, and to have the right to participate in the
discussion without vote;
(e) To prepare and submit the annual budget and to keep the
Mayor and/or the Mayor and Common Council fully advised as to the
financial condition and needs of the City, including the filing of annual and
interim financial reports;
(f) To submit such reports as the Mayor and/or the Mayor and
Common Council may require concerning the operations of Manager-
directed departments, and to recommend to the Mayor and Common Council
the adoption of measures deemed advisable;
(g) To perform such other duties as are specified in the Charter, by
law or required by the Mayor and/or the Mayor and Common Council;
(h) To confer regularly with the Mayor, to implement the policies of
the Mayor and Common Council as directed by the Mayor and to keep the
Mayor informed of any issues, events and controversies that may arise; to be
responsible for the implementation of the Mayor's policy directives and to
insure that those directives are acted upon by all supervisors and employees
in the Manager-directed departments of the City;
(i) To confer regularly with the City Attorney on legal issues; to
immediately notify the City Attorney of any important legal issues or
difficulties that arise; to obtain the legal advice of the City Attorney, and to
carefully consider such advice, understanding that recommendations of the
City Attorney are advisory only. Neither the City Attorney, nor employees of
the Office of the City Attorney, has authority to issue orders to the City
Manager or any of his/her subordinates; it is the responsibility of the City
Manager to insure that all Manager-directed departments and the employees
of those departments perform all of their duties legally and that those
departments and their employees are faithful in the observance, adherence,
Revised
[Rev May 17, 2004 (9:00 AM)] C - 14 Exhibit "An
and enforcement of all pertinent laws, ordinances, and legal requirements in
the performance of their duties and in their official conduct;
0) To confer regularly with the City Treasurer on financial issues, to
obtain the financial advice of the City Treasurer and to carefully consider that
advice, and to keep the Treasurer informed of all financial matters and to
immediately notify the City Treasurer of any important financial issues or
difficulties that arise.
Section 103. Vacancy. Whenever a vacancy occurs in the office of
the City Manager, the Mayor shall proceed immediately to appoint a City
Manager, subject to confirmation by the Common Council. Until a City
Manager is appointed and has assumed the duties of the office, the
Assistant City Manager shall be designated as Acting City Manager. He/She
shall perform all of the duties of City Manager and be vested with all the
powers of City Manager as set forth in this Charter. The Assistant City
Manager shall continue in the position of Acting City Manager, subject to the
Mayor's authority to remove the Acting City Manager, until a new City
Manager has been appointed and has assumed the duties of that office.
Section 104. Mayor and Common Council's Authority Over the
City Manager and Other City Employees. Neither the Mayor nor any
member of the Common Council, nor any other elected City official, nor the
Common Council, nor any of its committees or members shall dictate or
attempt to dictate, either directly or indirectly, the appointment of any person
to office or employment by the City Manager, or in any manner interfere with
or prevent the City Manager, from exercising judgment in the appointment of
officers and employees in the administrative service. Neither the Mayor,
Common Council Members, employees of the Common Council, nor
employees of the Office of the Mayor, shall give orders to any of the
subordinates of the City Manager, either publicly or privately.
Section 105. Non-Eligibility of Elected Officials. No person who
held any elected office in the City, between June 1, 1987, and the effective
date of this Charter, regardless of how long any such person held any such
elected office, may be employed as City Manager until eight years passes
from the effective date of this Charter, and no person who holds any elected
office on or after the effective date of this Charter may be employed as City
Manager until eight years passes after such person leaves said elected
office.
Article VI
Reserved
[Rev May 17, 2004 (9:00 AM)]
C - 15
Revised
Exhibit "A"
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 number to the percentage hereinafter required. The signatures to
the petition need not all be appended to one paper, but each signer shall add to
his/her signature his/her place of residence, giving the street and such other
identification as may be required by the registration law. One of the signers of
each such paper shall make oath before an officer qualified to administer oaths,
that the statements therein made are true, and that each signature to the paper
appended is the genuine signature of the person whose name purports to be
thereunto subscribed. Within ten days from the date of filing such petition, the City
Clerk shall examine and from the great register ascertain whether, or not, said
petition is signed by the requisite number of qualified electors and if necessary, the
Council shall allow him/her extra help for that purpose, and he/she shall attach to
said petition his/her certificate showing the results of said examination. If, by the
Clerk's certificate, the number of signatures on the petition is shown to be
insufficient, it shall be returned forthwith by the Clerk to the filer(s) thereof who
shall have an additional ten (10) days from the date the petition is returned to them
by the Clerk, to obtain the required number of signatures. The Clerk shall, within
ten (10) days after such additional ten (10) day period to obtain additional
signatures, make like examination of said petition, and if his/her certificate shall
show the same to be insufficient, it shall be returned to the person filing same,
without prejudice, however, to the filing of a new petition to the same effect. If the
petition shall be found to be sufficient the Clerk shall submit the same to the
Council without delay.
If the petition accompanying the proposed ordinance be signed by electors
equal in 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 offinal adoption, the Council shall proceed to call a special election
at which said ordinance without alteration, shall be submitted to a vote of the
people; or,
(b) Forthwith after the Clerk shall attach to the petition accompanying such
Ordinance his/her certificate of sufficiency, the Council shall proceed to call a
special election at which said ordinance, without alteration, shall be submitted to a
vote of the people.
[Rev May 17, 2004 (9:00 AM)]
C - 16
Revised
Exhibit "A"
The ballots used when voting upon said proposed ordinance shall contain
the words, "For the Ordinance," (stating the general nature of the proposed
ordinance) and "Against the Ordinance," (stating the general nature of the
proposed ordinance). If a majority of the qualified electors voting on said proposed
ordinance shall vote in favor thereof, such ordinance shall thereupon become a
valid and binding ordinance of the City; and any ordinance proposed by petition, or
which shall be adopted by a vote of the people, cannot be repealed or amended
except by a vote of the people obtained in like manner.
Any number of proposed ordinances may be voted upon at the same
election. In accordance with the provisions of this section; provided that there shall
not be held 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 same section designation.
Section 122. The Recall. Proceedings may be commenced for recall of the
holder of any elective office of this City and the election of a successor of the
holder sought to be removed by the service, filing and publication of a notice of
intention to circulate a recall petition. Such proceedings may not be commenced
against the holder of an office unless, at the time of commencement; the holder
has held office for at least ninety days and no recall petition has been filed against
such holder within the preceding six months. A petition demanding the recall ofthe
officer sought to be recalled shall be submitted to the City Clerk. The petition shall
be signed by not less than fifteen percent (15%) of the voters ofthe City, or in the
case of a City Council Member elected by ward twenty-five percent (25%) of the
voters of that ward, according to the County Clerk's last official report of
registration to the Secretary of State. No signature may be affixed to the petition
until the proponents have served, filed and published a notice of intention to
circulate a recall petition, containing the name of the officer sought to be recalled
and the title of his/her office, a statement in not more than 500 words of the
grounds on which the recall is sought, and the name and address of at least one,
but not more than five proponents. The notice of intention shall be served,
personally or by certified mail, on the officer sought to be recalled, and a copy
thereof with a certificate of the time and manner of service shall be filed with the
clerk of the legislative body. Within seven (7) days after the filing of the notice of
intention, the officer sought to be recalled may file with the City Clerk an answer in
not more than 500 words to the statement of the proponents and if an answer is
filed, shall serve a copy thereof, personally or by certified mail, on one of the
proponents named in the notice of intention. At the time the proponents publish
the notice and statement referred to above, the officer sought to be recalled may
have the answer published at his/her expense. If the answer is to be published the
officer shall file with the City Clerk at the time the answer is filed a statement
declaring his/her intent that the answer be published. The statement and answer
are intended solely for the information of the voters and no insufficiency in the form
Revised
Exhibit "A"
C -17
[Rev May 17, 2004 (9:00 AM)]
or substance thereof shall affect the validity of the election or proceedings. The
notice and statement as referred to above, and the answer, if it is to be pUblished
shall be published at least once in a newspaper of general circulation, as
described in Sections 6000 to 6066 of the Government Code, adjudicated as such.
Seven (7) days after the publication of the notice, statement and answer, if
it is to be published, the recall petition may be circulated and signed. The petition
shall bear a copy of the notice of intention, statement and answer, if any. If the
officer has not answered, the petition shall so state. Signatures shall be secured
and the petition filed within ninety (90) days from the filing of the notice of
intention. If such petition is not filed within the time permitted by this section, the
same shall be void for all purposes. The signatures to the petition need not all be
appended to one paper; but each signer shall add to his/her signature his/her
place of residence, giving the street and such other identification as may be
required by the registration law. One of the signers of each such paper shall make
oath before an officer qualified to administer oaths, that the statements therein
made are true, and that each signature to the paper appended, is the genuine
signature of the person whose name purports to be thereunto subscribed. Within
thirty (30) days after the date of filing such petition the City Clerk shall examine
and ascertain whether or not said petition is signed by the requisite number of
qualified electors and, if necessary, the Council shall allow extra help for that
purpose, and the City Clerk shall attach to said petition a certificate showing the
result of said examination. If, by the City Clerk's certificate, the number of
signatures on the petition is shown to be insufficient, it shall be returned forthwith
by the Clerk to the filer(s) thereof who shall have an additional thirty (30) days from
the date the petition is returned to them by the Clerk to obtain the required number
of signatures. The City Clerk shall, within thirty (30) days after such additional thirty
(30) day period to obtain additional signatures, make like examination of said
petition, and, if his/her certificate shall show the same to be insufficient it shall be
void for all purposes. If the petition shall be found to be sufficient, the City Clerk
shall submit the same to the Council without delay and the Council shall thereupon
order and fix a date for holding said election, not less than fifty (50) days, nor more
than seventy (70) days from the date of the City Clerk's certificate to the Council
that a sufficient petition is filed.
The ballots used when voting upon said proposed recall shall contain the
words "shall (title of office and the name of the person against whom the recall is
filed) be recalled?" and the words "yes" and "no."
The Council and the City Clerk shall make, or cause to be made, publication
of notice and all arrangements for conducting, returning and declaring the results
of such election in the same manner as other City elections
Qualified candidates to succeed the person against whom the recall is filed,
shall be listed on the ballot, except that the incumbent shall not be eligible to
succeed himself/herself in any such recall election.
[Rev May 17, 2004 (9:00 AM)]
In any such removal election, if a majority of the votes cast is for "yes" on
Revised
Exhibit "A"
C - 18
the question of whether or not the incumbent should be recalled, the candidate
receiving the highest number of votes shall be declared elected. The incumbent
shall thereupon be deemed removed from the office upon qualification of his/her
successor. In case the party who received the highest number of votes should fail
to qualify within ten (10) days after receiving notification of election, the office shall
be deemed vacant. The successor of any officer so removed shall hold office
during the unexpired term of his/her predecessor.
Article VIII
Revenue and Finance
Section 130. Reports and Estimates. On or before the first Monday in
June in each year the City Manager shall transmit to the Mayor and Common
Council, accompanied with the estimates and reports of each department an
estimate of the probable financial necessities of the City Govemment 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 ofthe Municipal Government in
detail, showing specifically the necessities of each fund in the treasury. Such
estimate shall also show what amount of income and revenue will probably be
collected from fines, licenses and other sources of revenue, exclusive of taxes
upon property, and what amount will probably be required to be levied and raised
by taxation in order to meet the necessities of each specific fund for such fiscal
year.
Section 131. (Section Reserved) Ordinance To Be Passed. The text of
Section 131 ofthe 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 132. (Section Reserved) Ex-officio Assessor and Tax Collector.
The text of Section 132 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 133. (Section Reserved) Indebtedness for Municipal
Improvement. The text of Section 133 of the current Charter is not being changed
in any way by this Charter and shall continue in full force and effect under this
Article in this Charter with the same text and same section designation.
Section 134. (Section Reserved) Sewer Service Charges. The text of
Section 134 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 135. (Section Reserved) Demands Against City. The text of
Section 135 of the current Charter is not being changed in any way by this Charter
Revised
[Rev May 17, 2004 (9:00 AM)] C - 19 Exhibit "A"
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 139. Valid Claims. No claim for commodities furnished, or service
performed, shall be valid unless prior to furnishing such commodities, or the
rendition of the service, authority for the same had been given by the Common
Council, the City Manager or some department of City government, having the
authority so to do. No member of the Common Council, the City Manager or
member of any department, and no City officer, shall have power to create an
indebtedness against the City, or to furnish the basis of a claim without said
authority .
Section 140. (Section Reserved) Advertisement For Supplies, Etc. The
text of Section 140 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 143. (Section Reserved) Special Funds. The text of Section 143
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 146. (Section Reserved) Water Fund. The text of Section 146 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 148. (Section Reserved) Library Fund. The text of Section 148 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 149. (Section Reserved) Sewer Fund. The text of Section 149 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Article IX
Water Department
Section 160. Water Commissioners - Term of Office - Qualifications-
Duties. There is hereby created a board consisting offive 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
Revised
[Rev May 17, 2004 (9:00 AM)] C - 20 Exhibit "A"
shall be appointed for a term of two years, and one member shall be appointed for
a term of six years; and thereafter, on or after twelve o'clock noon on the second
Monday of May of each odd numbered year, one member of the Board shall be
appointed for a term of six years; provided further that on or after twelve o'clock
noon on the second Monday of May, 1971, two members of the Board shall be
appointed, one for a one year term and one for a three year term, commencing on
the second Monday of May, 1971; and thereafter such members shall be
appointed for six year terms commencing on the second Monday of May, 1972,
and of May, 1974, and for every six years thereafter. Any member of the Board
may be removed at any time by the affirmative vote of five Council Members, and
upon any such removal, the vacancy shall be filled by the Mayor, with the consent
of the Common Council, for the unexpired term. No person shall be eligible to
appointment as a member of said Board unless he/she shall have been a qualified
elector of said City for the period of five (5) years next preceding the date of
his/her appointment.
The Board of Water Commissioners shall perform the duties and
responsibilities prescribed in this Charter and shall perform such other duties and
responsibilities as are or may be prescribed or delegated by the Mayor and
Common Council with the concurrence of the Board.
Section 161. Oath of Office. Before entering upon the duties of his/her
office, each member of the Board of Water Commissioners shall make and
subscribe before some officer authorized by law to certify oaths, the same oath of
office required of other City officers.
Section 162. (Section Reserved) President -Inventory of Property. The
text of Section 162 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 163. Powers. The Board of Water Commissioners is hereby
authorized and empowered:
1. To establish and collect all water rates, collect all rentals from water
bearing lands and generally regulate, control, manage, renew, repair and .extend
the entire water system of the City;
2. To employ such persons as the necessities of the water service may
require, to fix and 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
[Rev May 17,2004 (9:00 AM)]
C - 21
Revised
Exhibit "An
therewith from the Water Fund;
4. To incur any indebtedness or liability not exceeding in any year the
income and revenue provided for such year, subject to the debt limitation
provisions of the Constitution of the State of California;
5. To make rules and regulations governing the conduct of said Board and
the members thereof.
Section 164. (Section Reserved) Sale And Use Of Water. The text of
Section 164 of the current Charter is not being changed in 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. (Section Reserved) Map Of Water System And Service.
The text of Section 166 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with. the same text and same section designation.
Section 167. (Section Reserved) Financial Condition of Water
Department, Etc. The text of Section 167 of the current Charter is not being
changed in 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 ofthe proceedings thereof;
and shall, whenever required so to do, certify such proceedings under his/her
hand, the same to be authenticated by seal, if a seal is adopted and provided by
said Board for that purpose.
Section 169. (Section Reserved) Meetings. The text of Section 169 ofthe
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
Section 170. Compensation of Members. The members of said Board
shall each receive a salary as compensation for his/her services, payable out of
the Water Fund of the City, as follows: The President, three hundred dollars
($300.00) a year, and each of the other members, one hundred fifty dollars
($150.00) a year.
Section 171. (Section Reserved) Ordinance to Enforce Rules. The text
of Section 171 of the current Charter is not being changed in any way by this
Revised
[Rev May 17,2004 (9:00 AM)] C - 22 Exhibit "A"
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 the general supervision of the Mayor. The City Manager
shall be the immediate supervisor of the Chief of Police and the Chief of the Fire
Department. Neither the Mayor nor the City Manager shall interfere or attempt to
interfere with the discharge of those duties of the Police or Fire Chief(s) the
performance of which are required by law.
The Mayor and Common Council shall have power upon the
recommendation of the City Manager to fix and prescribe the salaries,
qualifications, duties, rank, badges of office and uniforms of the officers, members
and employees of said departments; to prescribe rules and regulations for the
organization, government and discipline of the same, and to prescribe penalties for
violations thereof; subject to the civil service provisions of this Charter.
The Mayor shall determine any and all complaints of misconduct, inefficiency or
violation of rules or other charges against the chiefs of said departments, and
shall take such action thereon as shall be most conducive to the maintenance and
discipline and efficiency of such departments, including suspending and or
dismissing, for cause, the Chief of Police and/or the Chief of the Fire Department
subject to the laws of the State of California.
Section 181. Police Department - Membership. The Police Department
shall consist of a Chief of Police, and as many ranking officers, police officers and
other employees as the Mayor and Common Council may from time to time
determine.
Section 182. Chief of Police - Duties. The Mayor shall appoint a Chief of
Police, subject to the approval of the Common Council. The Chief of Police shall
have the powers and duties that are now or that may hereafter be conferred upon
chiefs of police by the laws of the State, and such powers and duties shall in all
respects be promptly executed by the Chief of Police, police officers, and by
authorized personnel in the Police Department. The Chief of Police shall enforce
the laws of the State and the ordinances of said City, and shall arrest or cause to
be arrested all persons for whom probable cause exists to believe said person(s)
may be guilty of violations of the same. He/she shall also have charge of the City
jail, if one is in existence, of all prisoners and of all those who are sentenced to
labor upon the public streets, public works or other places of said City and shall
execute and enforce all orders and sentences in reference thereto; and he/she
shall perform such other duties as may be prescribed by the Mayor and Common
Council or by the City Manager.
[Rev May 17, 2004 (9:00 AM)]
C - 23
Revised
Exhibit "A"
Section 183. Fire Department - Membership. The Fire Department shall
consist of a Chief of the Fire Department and as many ranking officers, firefighters
and other employees as the Mayor and Council may determine.
A. Chief of the Fire Department - Duties. The Mayor shall appoint a Chief
of the Fire Department, subject to the approval of the Common Council. The Chief
of the Fire Department shall have the powers and duties that are now or that may
hereafter be conferred upon chiefs of fire departments by the laws of the State,
and such powers and duties shall in all respects be promptly executed by the Fire
Chief and by authorized personnel in the Fire Department; and he/she shall
perform such other duties as may be prescribed by the Mayor and Common
Council or by the City Manager.
Section 184. Supervision of City Manager Over Funds, Moneys Etc.
The City Manager shall supervise and possess power and authority over all the
funds, moneys and appropriations for the use of the Police and Fire Department,
also the organization, government and discipline, subject to the restrictions in
Section 180 of this Charter, of said Departments, and shall have control of all the
property and equipments belonging to the same.
Section 185. Power to Make Rules and Regulations. Said Mayor and
Common Council shall have power to make all necessary rules and regulations,
upon the recommendation of the City Manager, to carry into execution and effect
the foregoing powers contained in this Article, and in general to enable the
appropriate city officers to manage and control said departments.
Section 186. Salaries. There is hereby established for the City of San
Bernardino a basic standard for fixing salaries, classifications, and working
conditions of the employees of the Police and Fire Departments of the City of San
Bernardino, and the Mayor and the Common Council in exercising the
responsibility over these departments vested in them by this Charter shall
hereafter be guided and limited by the following provisions:
FIRST: Classification
The following classes of positions are hereby created in the Fire
Department and Police Department of the City of San Bernardino, and the code
numbers, titles, and salaries as hereinafter set forth are hereby established and
fixed for such classes of positions. The letter "P" represents "Position" and the five
steps in Positions 1, 2 and 3 being represented by the letters "a," "b," "c," "d" and
"e" are: "a" designating the first six months of service in the respective
departments, "b" designating the following eighteen months of service in the
respective departments, "c" designating the third year of service in the respective
departments, "d" designating the fourth year of service in the respective
departments, and "e" designating the fifth and all subsequent years of service.
Advancements in salary shall be made automatically step by step after each step
of aggregate active service in the department in which the member is employed.
Each person employed in the Fire Department and Police Department shall be
[Rev May 17, 2004 (9:00 AM)]
C - 24
Revised
Exhibit "A"
entitled to receive for his/her services in his/her position the applicable respective
rate or rates of compensation prescribed for the class in which his/her position is
allocated. Additional titles may be established by the Mayor and Common Council,
upon the recommendation of the City Manager, but only titles for Local Safety
members of the Police and Fire Departments shall be placed in one of the
following classifications having the most nearly equal duties and responsibilities.
Local Safety members of the Police and Fire Departments shall mean any local
police officer or local firefighter as defined under the provisions of the Public
Employees Retirement System Law as specified in the California Government
Code or amendments thereto.
Class of Position
Classification
Number
Title
Fire Department
Title
Police Department
.
P1 (Steps a,b,c,d,e)
P2 (Steps a,b,c,d,e)
Firefighter, Battalion Chief Aide Police Officer
Fire Prevention Inspector
Juvenile Officer, Detective,
Senior Identification Inspector
P3 (Steps a,b,c,d,e)
P4
Engineer
Sergeant
Captain, Assistant Fire
Prevention Engineer
Lieutenant
P5
Battalion Chief, Drill
Master, Fire Prevention
Engineer
Captain, Superintendent
of Records and
Identification
P6
Assistant Chief
Assistant Chief
P7
Chief
Chief
SECOND: Basic Salary Schedule (Category Reserved)
The text of the subparagraphs under this category entitled "SECOND: Basic
Salary Schedule" of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this category in this
Charter with the same text and same designations.
THIRD: Special Salary Provisions
The following special provisions shall apply in addition to the compensation
received in accordance with the above salary positions:
(a) Police Department: Each police officer assigned to traffic enforcement
duties on a motorcycle shall be paid when performing such duties during the
period of assignment at the rate of not less than fifty dollars per month in addition
to the pay step to which he/she is entitled as extra-hazard pay for motorcycle duty.
The Police Chief shall certify monthly as to the assignment and the period of time
worked to validate entitlement to the extra-hazard pay.
[Rev May 17, 2004 (9:00 AM)]
C - 25
Revised
Exhibit "A"
(b) Police and Fire Departments: Any Local Safety member of the Fire and
Police Departments temporarily acting in a position in a higher rank during periods
of absence of the incumbent or during a vacancy in the position for more than ten
(10) consecutive working days or five consecutive shifts, shall receive the same
salary for the higher rank to which he/she would be entitled, were he/she promoted
to that rank during the period in which the employee is acting in the higher rank.
The Chief of the department in which the assignment to the higher rank occurs
shall certify as to the assignment and the period of time worked in the higher rank
to validate entitlement to the salary of the higher rank.
(c) Fire Department - Paramedics. The Mayor and Common Council, upon
the recommendation of the City Manager, may authorize additional salary to be
paid to local safety members of the Fire Department, assigned to duty as
paramedics, during the period of such assignment.
(d) Fire and Police Departments-Education/Longevity Incentive Pay. The
Mayor and Common Council, upon the recommendation ofthe 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) ofthe current
Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this subparagraph in this Charter with the same text and
same designations.
SIXTH: Definitions
The words and terms defined in this subsection shall have the following
meanings in this section:
(a) "Shift" means a 24-hour duty for the Fire Department, except for the
positions of Chief, Assistant Chief, and local safety members working in the Fire
Prevention Bureau, and such other local safety positions as may hereafter be
granted a forty (40) hour average work week by resolution ofthe Common Council
upon the recommendation of the City Manager.
Article XI (Article Reserved)
. School Districts
Section 190. (Section Reserved) Definition. The text of Section 190 of the
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
[Rev May 17, 2004 (9:00 AM)]
C - 26
Revised
Exhibit "A"
Board of Education
Section 191. (Section Reserved) Members. The text of Section 191 ofthe
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect urider this Article in this Charter with the same text and
same section designation.
Board of Education: Term, Election
Section 192. (Section Reserved) Terms of Office - Election. The text of
Section 192 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Vacancies
Section 193. (Section Reserved) How Filled. The text of Section 193 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 194. (Section Reserved) Meetings. The text of Section 194 ofthe
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
Section 200. (Section Reserved) Filing of Claims. The text of Section 200
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Article XII (Article Reserved)
Free Public Library
Section 205. (Section Reserved) Trustees - Terms. The text of Section
205 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
Section 206. (Section Reserved) Trustees - No compensation. The text
of Section 206 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 207. (Section Reserved) Library Tax. The text of Section 207 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
[Rev May 17, 2004 (9:00 AM)]
C - 27
Revised
Exhibit "A"
Section 208. (Section Reserved) Donations - Bequests. The text of
Section 208 of the current Charter is not being changed in anyway by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 209. (Section Reserved) Title To Real And Personal Property.
The text of Section 209 of the current Charter Is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 210. (Section Reserved) Meetings. The text of Section 210 ofthe
current Charter is not being changed in any way by this Charter and shall continue
in full force and effect under this Article in this Charter with the same text and
same section designation.
Section 211. (Section Reserved) Powers of Board. The text of Section
211 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect 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
Park and Recreation Commission
Section 213. (Section Reserved) Members - Term of Office. The text of
Section 213 ofthe 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 214. Appointment. Each Council Member shall appoint one
commissioner whose term shall coincide with that of the appointing Council
Member and the Mayor shall appoint two (2) commissioners, one of whom shall
initially have a two (2) year term coinciding with the term of the Mayor and the
other shall have a four (4) year term commencing on the second Monday of May,
1969. Thereafter, each Mayor and each Council Member, upon assuming office,
shall appoint one member to the Commission for a four (4) year term. Any vacancy
occurring for any reason shall be filled in the same manner as the original
appointment.
Section 215. Removal From Office. Commissioners shall hold office for a
term of four (4) years and until their successors have been appointed and
qualified. Commissioners shall serve at the pleasure of the appointing officer and
any member of said Park and Recreation Commission may be removed at any
Revised
[Rev May 17, 2004 (9:00 AM)] C - 28 Exhibit "A"
time by the affirmative vote of five (5) Council Members, and upon any such
removal the vacancy shall be filled as aforesaid for the unexpired term.
Section 216. (Section Reserved) No Compensation. Meetings. The text
of Section 216 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 217. Duties. The Park and Recreation Commission shall:
(a) Act in an advisory capacity to the Mayor and Common Council and to
the City Manager in all matters pertaining to parks, recreation and parkways.
(b) Consider the annual budget of the Park and Recreation Department
during the process of its preparation and make recommendations with respect
thereto to the Mayor and Common Council and to the City Manager.
(c) (Subparagraph Reserved) The text of the provisions under this
subparagraph (c) of Section 217 of the current Charter is not being changed in any
way by this Charter and shall continue in full force and effect under this
subparagraph in this Charter with the same text and same designation.
Section 219. (Section Reserved) Appeal to Council. The text of Section
219 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
Article XIII
Miscellaneous
Section 220. (Section Reserved) Fiscal Year. The text of Section 220 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 221. Definitions. City: The word "City" wherever it occurs in this
Charter, unless it expressly appears otherwise, means the City of San Bemardino.
General Supervision: The supervision by the Chief Executive Officer which
is supervision that includes giving general policy directions, but does not include
the authority to issue specific, day to day directives; requires the person exercising
the general supervision to vigilantly observe the official conduct of the
person/department/public institution being supervised, and take notice of the
fidelity and exactitude or want thereof, with which the person/department/public
institution being supervised executes his/her/its duties and obligations, especially
in the collection, administration and disbursement of public funds and property.
Any defamation or willful neglect of duty or official misconduct shall be laid before
the Common Council in order that public interests may be protected and the
[Rev May 17, 2004 (9:00 AM)]
C - 29
Revised
Exhibit "A"
person/department/public institution in default proceeded against according to law.
Immediate Supervisor: The person with authority to observe, evaluate,
issue specific, day to day directives to, approve/disapprove requests of, p~omote,
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.
Manaaer-Directed Departments of the City: All City departments except
the Offices of the Mayor, City Attorney, City Clerk and City Treasurer and except
for the Water Department, the Free Public Library and the Civil Service
Administration.
Component Board: Board of Water Commissioners, Civil Service Board,
Free Public Library Board of Trustees, and/or any other board established under
the authority of the Mayor and Common Council which has the formal authority to
hire, terminate, promote, or demote, any person applying for or occupying a
salaried position under the City government.
Civil Service Administration: The Civil Service Chief Examiner and those
employees who work under his/her supervision.
Civil Service System: The Civil Service Board, the Chief Examiner, the
employees supervised by the Chief Examiner, the functions and work products of
the Civil Service Board, the Chief Examiner and the employees he/she supervises.
Current Charter: The Charter adopted by the voters on January 6, 1905,
and all amendments thereto, beginning with those approved on December 28,
1908, through November 5, 2002, and any other amendments that may be
adopted prior to the effective date of this Charter as provided in Section 244,
herein.
This Charter: This document and its full text.
Full-time Permanent Emplovee: Any person hired to work for the City who
workS a minimum of thirty-two (32) hours per week, and who is hired as a
retirement benefits-eligible employee pursuant to the Public Employees
Retirement System (PERS) guidelines, and for whom there is no date of
termination stated when said person is hired.
Section 222. (Section Reserved) Oath of office. The text of Section 222 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 223. (Section Reserved) Ordinances in Force. The text of
Section 223 of the current Charter is not being changed in anyway by this Charter
Revised
[Rev May 17,2004 (9:00 AM)] C - 30 Exhibit "A"
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 225. Restrictions on Officers. No person holding a salaried office
of this City, whether by election or appointment, shall hold any other office of
honor, trust or emolument under the government of the United States, or of this
State, except the office of Notary Public, Court Commissioner, or an office in the
National Guard, and any person holding any salaried office of this City, who,
during his/her term of such office, shall accept or hold any other office as
aforesaid, except that of Notary Public, Court Commissioner, or in the National
Guard, shall be deemed thereby to have vacated the office held by him/her under
this City Government, and the same shall immediately become vacant. Nothing
herein shall be deemed to prohibit any person holding any salaried office of this
City from accepting an appointment to and serving on any Federal or State
Commission or Committee providing such appointment and service is not full-time.
Section 226. (Section Reserved) Delivery of Property. The text of Section
226 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
Section 227. (Section Reserved) Office Hours. The text of Section 227 of
the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 229. Deposit of Money. It shall be the duty of every City officer,
upon receiving into his/her hands money belonging to the Municipality, to forthwith
deposit the same with the City Treasurer, except where otherwise provided by this
Charter.
Section 230. Term of Office. Every elective or appointive officer of the City
shall hold office during the term prescribed by this Charter, and until his/her
successor is elected or appointed and qualified, and every appointive officer or
employee, except employees in the classified service, whose term is not fixed,
shall hold office during the pleasure of the officer or board appointing him/her, and
when an appointment is made to fill a vacancy in an unexpired term, the person
appointed shall, if it be an appointive office, hold for the unexpired term and if for
an elective office until the next succeeding general municipal election, at which
time the office shall be filled for the balance of the term by an election.
Section 234. (Section Reserved) Reimbursement For Expenses. The
text of Section 234 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 235. (Section Reserved) Qualification of Officers. The text of
Section 234 of the current Charter is not being changed in any way by this Charter
[Rev May 17, 2004 (9:00 AM)]
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Revised
Exhibit "A"
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 238. (Section Reserved) Power to Reject Bids and Readvertise.
The text of Section 238 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 240. (Section Reserved) Taking or Damaging Private Property.
The text of Section 240 of the current Charter is not being changed in any way by
this Charter and shall continue in full force and effect under this Article in this
Charter with the same text and same section designation.
Section 241. (Section Reserved) Employment of Legal Counsel. The
text of Section 241 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 242. (Section Reserved) Qualifications of City Employees and
Appointment. The text of Section 242 of the current Charter is not being changed
in any way by this Charter and shall continue in full force and effect under this
Article in this Charter with the same text and same section designation.
Section 243. Nepotism. 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 situation shall disqualify themselves
from all decisions affecting the employment and promotional status of such
person.
Section 244. When Charter Takes Effect. This Charter shall take effect
on the day of the swearing in of the Mayor for the 2006 to 2010 term for the Office
of Mayor, but notwithstanding the foregoing, this Charter shall take effect no later
than April 3, 2006.
[Rev May 17, 2004 (9:00 AM)]
C - 32
Revised
Exhibit "A"
Section 245. Early Effective Date of Certain Sections of This Charter.
Notwithstanding the effective date of this Charter provided in Section 244 herein,
the provisions of Sections 120, 122 and this Section (245) shall take effect when
accepted and filed by the Secretary of State as amendments to the current
Charter; subsequently, Sections 120, 122 and 245 herein, shall continue in full
force and effect under this Article with the same text and same section
designations in this Charter, when this Charter takes effect as provided in Section
244 herein.
Section 246. (Section Reserved) Civil Service Board -Appointment. The
text of Section 246 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article in this Charter
with the same text and same section designation.
Section 247. Civil Service to Organize and Appoint Secretary.
Immediately after appointment and qualification the Board shall organize by
electing one of its members chairperson. The Board shall appoint a Chief
Examiner who shall also act as Secretary of the Board. The Board may appoint
such subordinates as the City Council may, by ordinance, prescribe.
Section 248. Classified and Unclassified Civil Service. The Civil Service
of the City of San Bernardino is hereby divided into the unclassified and the
classified service:
(1) The unclassified service shall include:
(a) All officers elected by the people;
(b) All officers appointed for a definite term;
(c) All deputies and assistants of elective officers who hold office
during the pleasure of such elective officers;
(d) City Manager, Assistant City Manager, Deputies and/orother
Assistants of the City Manager;
(e) The heads of departments, and the heads of divisions of
departments and members of all appointive boards;
(f) One secretary for each department and one secretary for the
City Manager.
(2) The classified service shall comprise all positions not specifically
included in this Charter in the unclassified service. There shall be in the classified
service, the following three classes, to be known as the competitive class, the
uncompetitive class and the labor class:
[Rev May 17, 2004 (9:00 AM)]
(a) The competitive class shall include all positions and
employment for which it is practicable to determine the merit
and fitness of applicants by competitive examinations.
(b) The uncompetitive class shall consist of all positions requiring
peculiar and exceptional qualifications of a scientific,
managerial, professional or educational character, or may be
Revised
Exhibit "A"
C - 33
determined by the rules of the Board.
(c) The labor class shall include ordinary unskilled labor.
Section 249. (Section Reserved) Veteran Preference. The text of Section
249 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
Section 250. (Section Reserved) Codes of Rules and Regulations. The
text of Section 250 of the current Charter is not being changed in any way by this
Charter and shall continue in full force and effect under this Article with the same
text and same section designation.
Section 251. (Section Reserved) Examinations. The text of Section 251
of the current Charter is not being changed in any way by this Charter and shall
continue in full force and effect under this Article in this Charter with the same text
and same section designation.
Section 252. (Section Reserved) Promotion to Positions. The text of
Section 252 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the
same text and same section designation.
Section 253. One Year Probation. An appointment or promotion shall not
be deemed complete until an applicable period of probation of not more than one
year has elapsed. The probationer may be discharged or reduced at any time
within said period upon the recommendation of the head of the department in
which said probationer is employed with the approval of a majority of the Civil
Service Board. Periods of probation shall be fixed by resolution of the Mayor and
Common Council upon the recommendation of the City Manager and procedures
for and effective dates of discharges and reductions shall be adopted by the Civil
Service Board in its rules and regulations.
Section 254. Discharge or Reduction of Compensation. No employee in
the classified service shall be discharged or reduced in rank or compensation until
. he/she has been presented with reasons for such discharge or reduction in rank or
compensation specifically stated in writing and has been given an opportunity to
be heard before the Board in his/her own defense. The reason for such discharge
or reduction and any reply thereto by such employee, shall be in writing and filed
with the Civil Service Board. Verified written charges may be filed by any qualified
elector of the City of San Bernardino under such rules and regulations as may be
prescribed by the Civil Service Board. All charges shall be heard and trials had
under such rules as the Civil Service may prescribe. PROVIDED, that the
provisions of this section are at all times subject and subordinate to the provisions
of Section 256.
Section 255. Appeal of Suspension. Any employee of any department in
the City in the classified service who is suspended, reduced in rank, or dismissed
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Exhibit "A"
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[Rev May 17, 2004 (9:00 AM)]
from a department by the City Manager or by the Head of the Department, or by
any other authorized supervisor, may appeal from the decision of such officer to
the Civil Service Board, and such Board shall define the manner, time and place
by which such appeal shall be heard. The judgment of such board shall be final;
PROVIDED that the provisions of this section are at all times subject and
subordinate to the provisions of Section 256.
Section 256. Power to Dismiss.
A. The City Manager, Acting City Manager, Chief of Police, Chief of the Fire
Department and any appointive commissioner, board member or committee
member of any committee, of the City of San Bernardino, except those
commissioners and members appointed for a definite term, and except for
any committees of which the membership is composed entirely of members
of the Common Council, may summarily be dismissed for the good of the
service by the Mayor, with the consent of two-thirds (2/3) of the Common
Council.
B. Any Department Head, Division Head or any employee in the unclassified
service except elected officers, officers appointed for a definite term, and
except deputies, assistants, clerks, employees, and attaches holding office at
the pleasure of an elective officer, may summarily be dismissed for the good
of the service by the City Manager with the consent of the Mayor and
Common Council.
Section 257. (Section Reserved) Position in Classified Service. The text of
Section 257 of the current Charter is not being changed in any way by this Charter and
shall continue in full force and effect under this Article in this Charter with the .same text
and same section designation.
Section 258. (Section Reserved) Payment of Salaries. The text of Section 258 of
the current Charter is not being changed in any way by this Charter and shall continue in
full force and effect under this Article in this Charter with the same text and same section
designation.
Section 259. (Section Reserved) Investigations. The text of Section 259 of the
current Charter is not being changed in any way by this Charter and shall continue in full
force and effect under this Article in this Charter with the same text and same section
designation.
Section 261. (Section Reserved) Penalties Fixed by Civil Service Board. The
text of Section 261 of the current Charter is not being changed in any way by this Charter
and shall continue in full force and effect under this Article in this Charter with the same
text and same section designation.
Section 262. Effectiveness and Repeal of Former Charter. Upon the effective
date as set forth in Section 244, the provisions of this Charter shall be in full force and
effect under the law, except for Sections 120, 122, and 245, which take effect when
[Rev May 17,2004 (9:00 AM)]
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Revised
Exhibit "A"
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 May 17, 2004 (9:00 AM)]
C - 36
Revised
Exhibit "A"
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RESOLUTt~ rv
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO
THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CITY
CHARTER; TRANSMISSION OF THE PROPOSED NEW CITY CHARTER
TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF
PREPARATION OF AN IMPARTIAL ANALYSIS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I. Recital.
A. This Resolution has been adopted by the Mayor and Common Council of the City of
San Bernardino on the date of May _,2004, submitting to the qualified electors of the City of
San Bernardino a proposed new Charter, a copy of which is attached hereto as Exhibit A and is
hereby incorporated herein as though fully set forth.
SECTION 2. Request for Consolidation of Elections. Pursuant to Section 10400 of the
California Elections Code, the Mayor and Common Council of the City of San Bernardino have
14 previously requested by Resolution No.
that the Board of Supervisors ofthe County of
15 San Bernardino consolidate the City's special municipal election with the statewide presidential
16 general election to be held on Tuesday, November 2,2004.
17 SECTION 3. Measure. The measure to be voted on at the consolidated special municipal
18 election as it is to appear on the ballot shall be as follows:
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ADOPTION OF NEW CHARTER FOR THE CITY OF
SAN BERNARDINO. CHARTER MEASURE
Yes [ ]
Shall a new Charter be adopted for the City of San Bernardino?
No []
24 The measure shall be designated on the ballot by a letter printed on the left margin of the
25 square containing the description of the measure as provided in the Elections Code of the State of
26 California.
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SECTION 4. Canvass of Returns bv Board of SUDervisors. Pursuant to Resolution No.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO
THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CITY
CHARTER; TRANSMISSION OF THE PROPOSED NEW CITY CHARTER
TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF
PREPARATION OF AN IMPARTIAL ANALYSIS.
, the Board of Supervisors of the County of San Bernardino has been authorized
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to have canvassed the returns of the consolidated special municipal election and to conduct the
consolidated special municipal election in all respects as if there were only one election with only
one form of ballot. Results of the special municipal election shall be certified to the Mayor and
Common Council of the City of San Bernardino.
SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice of
the special municipal election which shall contain the following:
A. The date of election;
B. That the last day for receipt of primary arguments for or against the measure has been
established as 4:30 p.m. on August 13,2004, in the City Clerk's Office, Second Floor, City Hall, 300
North "D" Street, San Bernardino, California;
C. That the last day for receipt of rebuttal arguments is 4:30 p.m. on August 20, 2004,
in the City Clerk's Office at the above location.
In accordance with the California Elections Code, including g9290, the City Clerk is directed
to accept arguments and arrange for sample ballots, and mail the text of the proposed new Charter.
This notice may be combined with a notice of any other municipal election to be held on the
same date.
SECTION 6. Conduct of Election. Pursuant to Resolution No.
. , the
consolidated special municipal election shall be held in such precincts and at such polling places as
shall be determined by the Registrar of Voters of the County of San Bernardino. The Board of
Supervisors of the County of San Bernardino has been requested to issue instructions to the Registrar
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of Voters to take all steps necessary for the holding of the consolidated election. The Mayor has
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been authorized to execute a contract for the services necessary for conducting the municipal
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO
THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CITY
CHARTER; TRANSMISSION OF THE PROPOSED NEW CITY CHARTER
TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF
PREPARATION OF AN IMPARTIAL ANALYSIS.
election.
SECTION 7. Filinl! of Resolution. The City Clerk of the City of San Bernardino is
directed to file a certified copy of this resolution with the Board of Supervisors of the County of San
Bernardino.
SECTION 8. Transmission of Proposed New Citv Charter. Pursuant to the State of
California Elections Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot
Measure, and all other necessary documents, to the Office of the City Attorney for purposes of
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preparation of an Impartial Analysis.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO
THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CITY
CHARTER; TRANSMISSION OF THE PROPOSED NEW CITY CHARTER
TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF
PREPARATION OF AN IMPARTIAL ANALYSIS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on
day of
, 2004, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
CITY CLERK
The foregoing resolution is hereby approved this
. day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
24 Approved as to form and
legal Content:
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JAMES F. PENMAN,
26 City Attorney
:: BY!- 1~
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