HomeMy WebLinkAbout02-Charter Revision Workshop
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PROPOSED REVISION TO THE CHARTER
of the City of San Bernardino
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Article I
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Boundaries, Rights and Liabilities
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Section 1. Powers of City.
The municipal corporation now
8 existing known as the City of San Bernardino shall remain and
9 continue a body politic and corporate in name and in fact, by the
10 name of the City of San Bernardino, and by that name shall have
11 perpetual succession and may sue and defend in all courts and
12 places and in all matters and proceedings, whatever, and all
13 property, rights and interests of the said City shall continue
14 and vest in and belong to said City under this Charter. It may
15 have and use a common seal and alter it at pleasure; may
16 purchase, receive and hold real and personal property within and
17 without the City limits; may sell and dispose of the same for the
18 common benefit; receive bequests and donations of all kinds of
19 property in trust for charitable or other purposes and do all
20 acts necessary to carry out the purposes of such bequests and
21 donations, with power to manage, sell or otherwise dispose of the
22 same in accordance with the terms of the bequest or donation.
23 The City of San Bernardino may make and enforce all laws
24 and regulations in respect to municipal affairs, subject only to
25 the restrictions and limitations provided in this Charter, and in
26 respect to other matters it shall be subject to general laws.
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Section 2. Boundaries - ~l:tp.i:-ecU.e-e:keftT The boundaries of
3 the City of San Bernardino shall be as established from time to
4 time according to 1 aw. f.e:!:'i.ews-.---€ellli\lenO!l.-ng--a-e-the-'SEItt'tfieast
5 eerfte~ -o-f. - M~ -seveft- -o-f. - -tfte.- ~aftehe- -&eft - BeflMH.'d-:J:.fte r -'6"b- ~
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7 AYeftt:l&;--aftl!-~~ --t~-fte<<-h--al:eft~--ee-.i:-!!-~-i-ifte--o-f
8 Wa-eepmaft-AYeftl:ter-aftl!-al:e~-~he-eae-e-eel:tftl!aPy-ef.-sa.i:-l!-el:ee~_8eveftr
10 ea!l!- Ranefter--t-o--1!fte-ftertheast-~~-l:e-e-efte--&f- said -el:eek
9 aftl!-ef-eieeks-s-i~,-~~~-~-~ee,-~,-~~--eft~ty ~-ef
11 -eh.i:-p-ey--ewe ~ -theftee- wes-t- e-i~ -bbe- ~-h- -bounda!:y- ~ -ee-i-d -l:e-e -efte
12 aftli-ef -iet- ~_f-teeft-M--ee:i:d-~-ocIf-~1."t:~,-~-~_l!"\!ft-l:.i:-M
13 ef.--i~-efte-~-f.et:lr-t~-o-f.-M~--eh!rty-three,-~~~-aft!!
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27 f.el:tp-eftl!-'i.e-ts--tweftty-f~~-eeven-~~~~j,ye.r~_-efte
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18 'P h e- -j-~r-i-ed-~t;i.-on- -e~- -s-a i 8- -o-~ty, - -:fe~ ~~! - -pu-rpes_-ef
19 eWRereft~p ,-eeRtZ'e~,-IlZ'e~et~R,-DlaR~ellleRt-aRl!I-Dla~RteRa_,-efta~!
20 e~teRl!I-~e-eftl!l-ellle~eee a~~-~ftat-lleree!-ef--ieft8-~-~~~
21 fta-i-!'--Dli-i-e-s--ft~"e9il-M-~-~~ee--1~-the--c-+ey._M_~ltR
22 BerRarl!l~_,-eeftsistift~-~~-lteree,-lllere-~~~_~~_as
23 the-~~~Y-ReeerYe~r-'Prae~~-aRl!l-~ftat-etfter-llaree~-e:f-~aRl!I-e:f_aee~t
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27 ey-ea~l!I-e~ty-e:f-SaR-BerRal!'-l!l~_~
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Section 3. Time and Change of Ward Boundaries. The Mayor
3 and Common Council by ordinance shall divide the area of the City
4 into seven (7) wards of approximately equal population and
5 thereafter shall periodically change the boundaries of the wards
6 to maintain them in compact form and as nearly equal in
7 population as possible, provided that such changes shall not be
8 made more than once in any two (2) year period nor within ninety
9 (90) days of any ~eftepa~ primary municipal election.
10
11
Article II
12
13
Elective Officers and Elections
14
15
Section 10. Primary and General Election.
A primary
16 election shall be held in said City on the first Tuesday after
17 the first Monday in March of each odd numbered year, for the
18 nomination of candidates to be elected at the ensuing general
19 election, and a general election shall be held in said City on
20 the first Tuesday in May of each odd numbered year, for the
21 election of City Officers. Except as otherwise provided herein,
22 said election shall be conducted in the manner provided for by
23 general law; provided, however, that the Mayor and Common Council
24 shall have power, by ordinance, to provide for the manner of
25 holding such election.
26
Section ~9rA~ 11. Election to Office. Any candidate for a
27 t~8~e~~,--eefte~-~ any City office who at a primary election
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2 shall receive votes on a majority of all the ballots cast for
3 candidates for the office for which such candidate seeks
4 nomination, shall be elected to such office. Where two or more
5 candidates are to be elected to a given office and a greater
6 number of candidates receive a majority than the number to be
7 elected, those candidates shall be elected who secure the highest
8 votes of those receiving such majority, and equal in number to
9 the number to be elected.
10
Section 12. ~i~ Provision for Elections - Returns-
11 Certificate. The Mayor and Common Council shall provide for the
12 holding of all City elections.
13 On the second day after a City election, exclusive of
14 hOlidays, at 1:30 o'clock p.m., the Mayor and Common Council, or
15 the City Clerk, or a canvassing board appointed by the City Clerk
16 by order of the Mayor and Common Council shall meet at the City
17 Hall, San Bernardino, California and proceed to canvass the
18 election returns.
19 At the next regular or adjourned regular council meeting
20 following the completion of the canvass, the Mayor and Common
21 Council shall declare the results of said elections as certified
22 by the City Clerk as being official.
23 see~~~-~~-A~-~S8~i~~~~~~er8~--~~-Mayer
24 afta-.c'OfMllOft-€~~-888i1.-2.,--regerdl:ege--e~-~he-~M~~_'efte
25 ~ere!l'M-ng--8ee~~en;.--H,x--t.fte-_lIIpeftS8Moft-fe~ eaeft-~fts~,
26 t~a~e,-e~er~-a8a-e'efter-e~ee'eieft-e~~~eer8~
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Section ~~~ 13. Approval and Filing of Bond.
After the
3 result of an election is declared, or an appointment made, the
4 City Clerk under his or her hand and official seal shall issue a
5 certificate thereof to the person elected or appointed by
6 delivering it to him or her personally, or by depositing it with
7 postage pre-paid in the post office, addressed to him or her at
8 the City of San Bernardino; and within ten days thereafter such
9 person so elected or appointed, shall file the certificate with
10 his or her oath of office attached, in the office of the City
11 Clerk. Wfteft-aft-et:Ue~a3:-Beftli-;i.5-~;i.~~~~~-ehe:H
12 se - e.~~l!'eveli- -end- -t';!.-l:ed- ~ -eft-eepj,ft~ -1:t~eft- 'tfie- -duM~-o4i- -ft:ks- """,p
13 fte!."-~j,ee ,-,,;i.-t-h;I,n--~1feft't'Y""+;j!.9 t -eeye.-aftel!'--t.fie- ~~"""'t
14 e~ee-ej,eft-j,e-j,e8~ee--ee-ftj,m""",p-fteP~
Section ~3~ 14. Election of Council Members. 9ffi,eeps
S%eeteli~ A.
There shall be elected at the general election in
17 ~~~g 1993, and every fourth year thereafter, three members of the
18 Common Council, one each from the First, Second and Fourth
19 Wards, who shall have been qualified electors and residents of
20 their respective wards for a period of at least -eft~l!'ty-~~
21 twenty-nine (29) consecutive days next preceding the date of
22 filing of their nomination papers for the office and who shall be
23 elected by the qualified electors of their respective wards for
24 terms of four years commencing on the first Monday in June next
25 succeeding their elections.
26
See-ej,eft B. ~4r-Fj,P8-e-B3:eet~eft---~~;i.eel!'e-e~~ There
27 shall be elected at its general election in ~~~5 1991, and every
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2 fourth year thereafter, four members of the Common Council, one
3 each from the Third, Fifth, Sixth and Seventh Wards, who shall
4 have been qualified electors and residents of their respective
5 wards for at least ~ft~p~y-t3e~ twenty-nine (29) consecutive days
6 next preceding the date of filing of their nomination papers for
7 the office and who shall be elected by the qualified electors of
8 their respective wards, afte-a-e~tY-Atte~fteY7-€~ty-€~~~~~
9 ~peasti~-e%eet~~-%8~~e-~~~~-he%e-eff~ee for terms of
10 four years commencing on ~Pem-afta-after the first Monday in June
11 afta next succeeding their elections.
12
13
Section 15. Election of Mayor and Other City Officers.
A. There shall be elected at the general election in %9~~
14 1993, and every fourth year thereafter, a Mayor who shall be
15 elected at large for a term of four years commencing on the first
16 Monday in June next succeeding such election.
17
B.
There shall be elected at large at its general
18 election in 1991, and every fourth year thereafter, a City
19 Attorney, City Clerk and City Treasurer who shall hold office for
20 terms of four years commencing on the first Monday in June next
21 succeeding their elections.
22
Section %4-A7 16. Vacancy on Council.
A vacancy in the
23 Common Council, from whatever cause arising, shall be filled for
24 the unexpired term thereof through the election of a successor
25 Ge~fte~%maft council member by the qualified electors of the ward
26
in which the vacancy has occurred.
Such Ge~fte~%maft council
27 member shall have been a qualified elector and resident of the
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2 ward for at least ~ft~:E'~Y'-fa87 twenty-nine (29) consecutive days
3 next preceding the date of filing of nomination papers for the
4 office.
5 Said election shall be held at the time established by the
6 Mayor and Common Council who shall, within thirty (30) days of
7 said vacancy, call a special election which shall be held as soon
8 as practical but not later than six (6) months from the date of
9 said vacancYL and said election shall be conducted in the manner
10 provided for by general law; provided that the Mayor and Common
11 Council shall have power by ordinance to provide for the manner
12 of hOlding such election and such ordinance shall prevail over
13 the general law.
14
Section ~S~ 17. Vacancies - Leave of Absence.
An office
15 becomes vacant when the incumbent thereof dies, resigns, is
16 disqualified from voting due to mental incompetency, ae~~ed
17 :l:l'\s'ttne', is convicted of a felony or of any major offense
18 involving a violation of his or her official duties, or is
19 removed from office, or ceases, in the case of a ee~fte~:Maa
20 council member to be a resident of his ward, or, in the case of
21 any other elected official to be a resident of the City, or fails
22 re~~ge9-a~~er-fte~:I:ee-~rem-~fte~ayer-aftd OeMMeft-ee~fte:l:! to qualify
23 by taking the oath of office and filing his official bond.
24
Section ~&~ 18. Leave of Absence. Anything in this Charter
25 to the contrary notwithstanding, all employees or officers,
26 excepting elective officers, who have heretofore or shall
27 hereafter enter active duty with the armed forces of the United
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2 States during war or national emergency as declared by the
3 President or the Congress of the United States shall be entitled
4 to a leave of absence without pay during such service and for a
5
period of ninety (90) days thereafter.
Every such employee or
6 officer returning to the City wi thin the time herein specified,
7 and who has been honorably discharged from such services or
8 placed on Reserve or National Guard status or any other non-
9 active duty status, shall be reinstated without loss or gain of
10 status or seniority, provided they are not physically or mentally
11 incapacitated from performing the duties of said office or
12
position.
~ft8~ ~ll persons appointed to fill such positions
13 during war or national emergency shall be temporary appointees
14 only.
15
16
Bonds and Salaries
17
18
Section 20. Approval of Bonds.
Officers of the City,
19 before entering upon the discharge of their official duties, and
20 within twenty (20) days after notice of their election or
21 appointment, shall execute to said City such Official Bond as may
22 be required by law, ordinance or this Charter. When the amount
23 of any bond is not fixed by law, ordinance or this Charter, and
24 power to fix same is not herein conferred upon any board or
25
officer, it may be fixed by ordinance.
All bonds shall be
26 approved by the Mayor and Common Council and filed with the City
27 Clerk, and shall be recorded by the City Clerk in a book entitled
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2 "Official Bonds" and kept for that purpose, except the Bond of
3 the City Clerk, which shall be filed with the Mayor, after being
4
so recorded.
The approval of every Official Bond must be
5 endorsed thereon and signed by the officers approving the same
6 after the examination of the surety.
7 Section 21. City Officials as Surety - Form - Liabili ty-
8 Bond of Surety Company. City Officers shall not be accepted as
9 surety for each other on Official Bonds. Every Bond shall be in
10 form joint and several and made payable to the City of San
11 Bernardino, and contain a condition that the principal will
12 faithfully perform all official duties that may be imposed upon
13 or required by him or her by law or ordinance, and that at the
14 expiration of his or her term of office he will surrender to his
15 or her successor all property, books, papers and documents that
16 may come into his or her possession as such officer. Said Bond
17 must be executed by two or more sureties, but when the amount of
18 the bond is more than five thousand dollars ($5,000.00), the
19 sureties may become severally liable for a portion of not less
20
than twenty-five hundred ($2,500.00).
When there are more than
22
21 two sureties, said sureties may justify in an amount which in the
aggregate shall equal double the amount of said bond.
But the
23 Mayor and Common Council may require the Treasurer to give a
24 Surety Company Bond in which case the expense of such bond shall
25 be borne by the City, and may accept and approve of a Surety
26 Company Bond for any officer without other surety.
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Section ~3~ 22. Additional Bond - Vacancy.
When an
3 Official Bond is required of an officer, the Mayor and Common
4 Council may require an additional bond if, in their opinion, the
5
original bond or any surety becomes insufficient.
I f such
6 additional bond be not given in thirty (30) days, the Mayor and
7 Common Council must declare the office vacant and thereupon it
8 shall eeeeme be vacant.
9
Section ~4. 23.
Salary of Mayor.
The Office of Mayor
10 shall be a full time position and the incumbent shall not engage
11 in any business, professional or occupational activities which
12 interfere with the discharge of the duties of such office. The
13 salary of the Mayor l!tfta~~-ee is hereby set e)"--ehe-Gel1l11left-Gettfte:U,
14 pl!'eyj,lieli -~h8 ~- ~he- se~e~ ~~- flO'b- -be--feduoed- -dur:l:ng- -'l!he--1!ernt-ef
15 aft)" - iftelillleeft~- ezeefl't- -by- -'bhe- ~1.'IfteM.ye--YO'Ile- -o-~-~i-'V'e 6ettftej,~eftt
16 fteP-8h8~~-~~-be--i:-Ac?eaaed-a-e-8ftY-~~IIIe-~ a~-eep-~he-e~~e~
17 e~-~he-prepese8-~l'lereese--l!ly--e-~-t:y--04!-~-e-~~~_a~
18 a-eitywi8e-~~~~ at 5% above the salary of the Police Chief,
19 commencing on the first day of the month fOllowing approval of
20 this charter by the State Legislature. Thereafter, whenever the
21 Police Chief's salary is adjusted in accordance with Section 186
22 of this Charter, the Mayor's salary shall be adjusted
23 automatically to a level 5% above the Police Chief's new salary.
24
Section ~4-A. 24. Salary of Council. ~fte-eettftej,~lIIeft-8h8i~
25 eaeh - reeeive- -en- -ennue-l- -l!Ia~al!')" -ef- '9'i~ -hundred- -do-:H.&P8- -f-$699..eG h
26 pa)"ae~-lIIeft~h~y. Each Council member shall receive a salary of
27 $1,000 per month, commencing on the first day of the month
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2 fOllowing approval of this Charter by the State legislature. At
3 the beginning of each subsequent calendar year, this figure
4 shall be automatically adjusted according to the percentage
5 change over the previous 12 months in the Consumer Price Index
6 (national average) for all urban consumers.
7 Section ~4-B 25. Sa18~ Salaries of City Clerk and City
8
Treasurer.
~ft8~ !he ea%ary-~e-~~~-ey salaries of the
9 City Clerk and the City Treasurer shall be fixed by the Mayor and
10 the Common Council.
11
12
13
14
Article III
Legislative Department - The Common Council
Section 30. Legislative Power.
The legislative power of
17 the City is hereby vested in the Common Council consisting of
18 seven members, four of whom shall constitute a quorum, but a less
19 number may adjourn from time to time, or compel the attendance of
20 other members. No council order, except to adjourn for lack of
21 quorum, or to compel the attendance of a quorum, and no ordinance
22 or resolution shall be valid unless it receives the affirmative
23 vote of four councilmen except when a greater vote is required by
24 law or by this Charter.
25
Section 31.
Ordinance, Resolution, Council Order-
26 Definitions
27
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t!l Ordinance - An ordinance is a local law of the City,
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2 duly enacted by the Mayor and Common Council as set forth in
3 this Charter, prescribing general, uniform, and permanent rules
4 of conduct relating to the corporate affairs of the City.
5 Ordinances may be codified in accordance with general law.
6
(b) Resolution - A resolution is the formal expression of
7 the opinion or will of the Mayor and Common Council dealing with
8 matters of a special or temporary character, not rising to the
9 dignity of an ordinance, and adopted by vote as set forth in this
10 Charter.
11
(c) Council Order - A council order is an action of the
12 Mayor and Common Council dealing with matters of a special or
13 temporary character, not rising to the digni tv of a resolution,
14 and adopted by vote as set forth in this Charter.
15 Section ~i 32. Ordinances - Aae~~~~---~~y-~
16 Urgency.
17
(a) Except for ellle~ftey--o-r urgency ordinances, no
18 ordinance may be adopted by the Common Council on the day of its
19 introduction, nor within five (5) days thereafter.-fter-eKee~t-et
20 a-reg~iar-er-edj6ti~fted-~eg~l~mee~~ At the time of adoption
21 of an ordinance, er-resei~t~eft it shall be read in full unless,
22 except for its title, the reading thereof is waived by unanimous
23
consent of all Council members present.
If an ordinance is
24 altered after its introduction (except for correction of
25 typographical or clerical errors, and except for urgency
26 ordinances), it shall not be adopted except at a reg~i8r er
27 aaje~rftea-reg~ier meeting held not less than five (5) days after
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the date of such alteration.
Ordinances and codes may be
3 adopted by reference in accordance with general law.
4
(b) Elllle!F~ency--e~ Urgency ordinances al'te-eeeh- res&l~-m\
5 may be adopted on the day of introduction and may take effect
6 upon adoption; provided, however, that this section is not
7 intended, nor shall it be deemed to affect the method of adopting
8 el'ee-iti ordinances a88- r69ol-11-~J:e8e as required. by municipal
9 improvement act~, laws relating to elections, taxation, and
10 annexations, or other provisions of law prescribing the time,
11 form and manner for the adoption of ordinances a8li-peee~~~J:el'te-ei
12 in special cases.
13 Ne-epeep,-peee~~~J:eI't-ep-epe~l'tal'tee-eha~~-haYe-eEEee~-w~~he~t
14 al'pPeYa~ -eE -~he -Mayep, -e_p~ -wheft -E~Ye -f-5 ~ -t1IeIlIeepe -eE -~he -E!el1lll\e8
15 ee~fte~~-ee8el:l!F--i8--i'tS- edep't-iern---i'fl- case ~~,--1!ft&-appPeYail:
16 eE-'t.fte--Maye!F--eh&~~-ee- pree~llIes--un-l-ees--a~-the- S_-1IIee1l-:l:ng--at
17 whJ:eh-~-e!Fe~-~-l'e~,-the-~p-eeti~~~~eapl'PeYa~,
18 w~~h-h~e-peaeefte-~hepeEep,-~-ee-el'Peafil-~peft-the-t1l~ft~~e~
19
i.2l Except as otherwise provided herein, All Peee~~~~ftS
20 afts ordinances aEtep-pesse~e-~~~~~-~-the-M8yer-~
21 ehei~,-~~hJ:8-~~-f-5~-~-ei't~~-he~~e~vee_~_eallle,
22 eftfilepee-h~s-~-~~~eapl'PeYa~-the!Fee8,-~~~~_Peaeel'ts
23 Ee~-~~~~&appPeYa~r--~~-ep-!Feseil:lt~e8-~~_Ya~~
24 IlIl:lst-~-passe~~-a-vete-~~-~eee-the8-~~~r-E!e~fte~~llIe8
25 a8s-~-~-~he-Meyer,-~-de&~-~E-the-~~l-a-_te
26 appPeYe-~he-e&llle-~~-t1Iay-ee-pae&ee-ey-a-Ye~e-eE-fte~_~eee_~haft-E~Ye
27 f-5~--C-ounc-~~llIe8,--end-she-i-i--+a~e-~~-eS--i+-al'l'!Fo. ed -by--the
28
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2
Msy'&f.
shall take effect as provided in Section 32(f) if
3 approved by a vote of four (4) or more council members, provided
4 that if such an ordinance receives only four (4) votes, and if
5 wi thin five (5) days of approval the Mayor states his or her
6 disapproval with his or her reasons therefor, for the record,
7 the ordinance shall not take effect.
8 See~~ft-3b~-ard~ftafteee---Sftae~~~-e~a~ee~
9 (d) The enacting clause of all ordinances shall be: "The
10 Mayor and Common Council of the City of San Bernardino do ordain
11 as follows."
12 See~~ft-33~-ape~ftafteee---P~e~~ea~~ft~
13
(e) After the passage of each ordinance, and at all times
14 thereafter, the City Clerk shall maintain on file and open to
15 public inspection a certified copy of the full text of the
16
ordinance.
Within fifteen (15) days after the passage of each
17 ordinance by the Council, it shall be either published by the
18 City Clerk once in a newspaper of general circulation published
19 and circulated in the City or telecast on local government access
20 channel three times on three different dates between the hours of
21 6:00 a.m. and 10:00 p.m. Such publication or telecasting shall
22 include w~tft the names of the members of the Common Council
23 voting for and against the ordinance and the name of the Mayor
24
approving or disapproving the ordinance when required.
The
25 publication or telecasting of the ordinance may be satisfied by
26 the publication or telecasting of the entire ordinance or by the
27 publication or telecasting of a summary of the ordinance, the
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2 number and title of the ordinance, and the names of the members
3 of the Common Council voting for and against the ordinance and
4 the name of the Mayor approving or disapproving the ordinance.
5 Such summary shall be prepared by the City Clerk, or other
6 official designated by the Mayor and Common Council, and
7
approved by the City Attorney.
The publication or telecasting
8 shall include a statement that the full text of the ordinance is
9
available for inspection in the office of the City Clerk.
The
10 Mayor and Common Council may direct the publication or
11 telecasting of the entire ordinance in special cases. Ordinances
12 shall not be published in a newspaper if the charge exceeds the
13 customary rate charged by the newspaper for publication of
14 private legal notices, but in such situations, if not telecast,
15 such ordinances shall be posted by the City Clerk in at least
16 three public places in the City within fifteen (15) days after
17 passage of the ordinances. Except as otherwise provided in this
18 Charter, an ordinance shall not take effect or be valid unless
19 and until it is published or telecast in substantially the manner
21
20 and at the time required herein.
t!l No ordinance passed by the Common Council (except when
23
22 otherwise required by the general laws of the State, or the
provisions of this Charter,
respecting street improvements and
24 except an ordinance for the immediate preservation of the public
25 peace, health, or safety, which contains a statement of its
26 urgency, and is passed by a five-sevenths (5/7) vote of the
27 Council, but no grant of any franchise shall be construed to be
28
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2 an urgency matter), shall go into effect before thirty (30) days
3 from the time of its final passage by the Council.
4
Section 33.
Resolutions.
5
(a) All resolutions may be adopted on the day of
6 introduction and may take effect upon adoption; provided,
7 however, that this section is not intended, nor shall it be
8 deemed to affect the method of adopting resolutions as required
9 by municipal improvement acts, laws relating to elections,
10 taxation, and annexations, or other provisions of law prescribing
11 the time, form and manner for the adoption of resolutions in
12 special cases.
13
(b) All resolutions shall take effect if approved by a
14 vote of four (4) or more Council members, provided that if such a
15 resolution receives only four (4) votes, and if within five (5)
16 days of approval the Mayor states his or her disapproval with his
17 or her reasons therefor, for the record, the resolution shall
18 not take effect.
19
Section 34.
Council Orders. A Council order shall take
20 effect if approved by a vote of four (4) or more Council members,
21 provided that if such an order receives only four (4) votes, and
22 if at the same meeting the Mayor states his or her disapproval
23 with his or her reasons therefor, for the record, the order
24 shall not take effect.
25 Section 34. 35. Powers of Common Council - Written charges.
26 The Common Council shall have power to adopt rules for its own
27 proceedings; to compel the attendance of witnesses and absent
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2 members and the production of papers in any matters under
3 investigation; to judge of the qualification and election of its
4 own members; to punish any member by a fine not exceeding fifty
5 dollars ($50.00) for disorderly or contemptuous behavior in its
6 presence; and may e~~i remove from office a member er-8fty-~~y
7 e~~~er-8~~eift~e8-~~~ayer-eft8-~~~~ for continued
8 neglect of his or her duty, or for the willful violation of any
9 penal law, for which punishment may include incarceration, or
10 any provision of this Charter; but in every case the member er
11 e~fieer accused ~~-Rei8ift~-~~~-a-8eiifti~e-~~ shall be
12 entitled to have written charges preferred and be heard in his or
13 her own behalf, provided that when a trial court judgment is
14 entered for the conviction of a felony or any offense involving a
15 violation of the member's official duties, the office becomes
16 immediately vacant.
17 The Ayes and Nays shall be taken and entered in the Journal
18 of its proceedings at the request of any member and must be so
19 taken and entered upon the passage of all Ordinances and
20 Resolutions, and in matters concerning the granting of
21 franchises, making of contracts, allowing bills, ordering work
22 to be done, or supplies to be furnished, disposing of City
23 property, or any act that may involve the payment of money or the
24 incurring of a debt against the City.
25
Section 35. 36. Meetings - Time of --A8::leli!!'M1eft~s. All
26 meetings of the Common Council shall be public, and the days and
27 time of regular meetings shall be heM-eft-<bhe--'.H.rst -aM-~fti!!'8
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2 Meftl!laylt -!oft - eeeh- fIIeftt:h, - 'l:tM~ -etJf:lft- -days- ~ -& -l-ege-~ ~~May-, _heft
3 ~fte;ftee~~~-ltfta~~-ee-he~l!I-eft-~fte-Ee~~w~~-l!Iay established by the
4 Mayor and Common Council by ordinance. Adjournments may be taken
5 from a meeting to a day certain, and in such case, the adjourned
6 meeting shall be deemed an adjourned regular meeting.
7
Section a6. 37. Mayor to Preside - Absence of Mayor. The
8 Mayor shall preside at all meetings of the Common Council, but
9 shall not be entitled to vote. In the absence of the Mayor, the
10 Common Council may choose one of ~he~r its own number to preside
11 who shall retain the right to vote upon all questions under
12 consideration, and shall have the Same power to disapprove any
13 order made by the Common Council, and with like effect as the
14 Mayor would have had if present at this meeting.
15
In case of vacancy, or if by reason of aelteftee-f'relll--tlle
16 e~~y.-er sickness, or from any other cause, the Mayor is unable
17 to perform the duties of his or her office, the Common Council
18 shall appoint one of ~he~r its own number Mayor pro-tempore who
19 shall have all powers and authority which the Mayor would have
20 possessed if personally prelteft~-aft8 attending to such duties, but
21 such Mayor pro-tempore shall not lose his or her vote as
22 ee~fte~~maft council member.
23
24
Section 38.
Investigations and Hearings: Subpoenas:
Enforcement; Delegation.
In all investigations or hearings
25 conducted by or before the Mayor and Common Council, the Mayor
26 and Common Council shall have the power to issue subpoenas for
27 the attendance of witnesses, and the production of papers and
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2 documents before them, which subpoenas shall be signed by the
3 Mayor, and such subpoenas shall be served as required by law for
4 the service of subpoenas from the Superior Court, and on failure,
5 or refusal to attend or respond as required by such subpoenas,
6 the person or persons so offending shall be subject to the same
7 penalties and punishment by said Mayor and Common Council as are
8
prescribed by law for like offenders in superior courts.
The
9 Mayor. or any member of the Council, may administer oaths or
10 affirmations in the conduct of such investigations.
11 The authority granted by this section may be delegated by
12 the Mayor and Common Council to a standing or ad hoc committee
13 made up of two or more of its members.
14
15
Subjects of Legislation
16
17
. Section 40. Powers of Mayor and Common Council. The Mayor
18 and Common Council of the City of San Bernardino, heree~~er
19 ~e~ef~~-e~<~fte*!, shall have the following enumerated
20 powers.
21
(a) PurchaseL &ft6 Sale and lease of Property.
The
22 Mayor and Common Council shall have power to purchase, lease,
23 receive and hold real and personal property within or without the
24 city limits, and to control, sell and dispose of the same for the
25 common benefit; provided that the sale or disposal of real
26 property which is appraised at a value in excess of $2,999
27 $35,000 shall be approved by a five-sevenths (5/7) vote of the
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2 Mayor and Common Council and shall be subject to competitive
3 bidding and no bid shall be awarded for a sum less than the
4 minimum price approved in a resolution of the Council which
5 provides for the notice inviting bids.
6
(b) Police and Sanitary Regulations.
The Mayor and
7 Common Council shall have power to make and enforce all such
8 local, police, sanitary and other regulations, as pertain to
9 municipal affairs, and for this purpose may define misdemeanors
10 and infractions committed within the city limits or on lands
11 under the jurisdiction of the City, and provide penalties and
12 punishment therefor. a~tfteti~-~fte-~ee-~~~~tift~-efte
13 m~eeemeafter-ee-a~ee-a-Y~~a~~ft-eE-~he-~efta~-~awe-eE-~fte_S~a~~
14
(c) Nuisances.
The Mayor and Common Council shall
15 have power to define nuisances and provide for their removal.
16
(d) License Tax. The Mayor and Common Council shall
17 have power to license for purposes of regulation and revenue all
18 and every kind of business, occupations, shows, exhibitions, and
21
20 license tax thereon.
19 lawful games carried on in the City and to fix the rate of
(e) Taxes.
The Mayor and Common Council shall have
23
22 power to levy and collect taxes.
(f) Fire Department.
The Mayor and Common Council
24 shall have power to establish and maintain a fire department,
25 prescribe fire limits and adopt regulations for the protection of
26 the City against fires.
27
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21
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2
(g) Police.
The Mayor and Common Council shall have
3 power to establish and maintain a pOlice force.
4
(h) Overflow.
The Mayor and Common Council shall
5 have power to protect the City against overflow.
6
(i) Houses of III Fame. The Mayor and Common Council
7 shall have power to prohibit and suppress lewdness and houses of
8 ill fame and indecent and immoral amusements and exhibitions.
9
(j) Storage. The Mayor and Common Council shall have
10 power to prohibit the storage of gunpowder, oils or other
11 combustible substances in quantity.
12
(k) Parks.
The Mayor and Common Council shall have
13 power to layout and maintain parks.
14
(1) Hospitals, etc.
The Mayor and Common Council
15 shall have power to regulate hospitals, pesthouses and slaughter
16 houses, and to provide for their removal or discontinuance.
17
(m) Cemeteries.
The Mayor and Common Council shall
18 have power to provide cemeteries and regulate their management.
(n) Pound.
The Mayor and Common Council shall have
21
20 power to establish and regulate a public pound.
(0) City Prison.
The Mayor and Common Council shall
22 have power to provide a City prison and require the prisoners
23 undergoing sentence for misdemeanor to perform such labor as may
24 be prescribed.
25
(p) Sewers.
The Mayor and Common Council shall have
26 power to acquire, establish, construct, reconstruct, maintain,
27 operate, manage, repair, improve or finance any building, system,
28
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2 plan, works, facilities or undertaking used for or useful in the
3 collection, treatment or disposal of sewage and the reclamation
4 of effluent therefrom, or storm water, including drainage.
5
(q) Bridges, streets, etc.
The Mayor and Common
6 Council shall have power to establish, build and repair bridges;
7 to establish, layout, alter, keep open, open, close, improve and
8 repair streets, sidewalks, alleys, squares, and other public
9 highways, and places within the City, and to drain, sprinkle, oil
10 and light the same; to remove all obstructions therein; to
11 establish the grades thereof; to grade, pave, macadamize, gravel
12 and curb the same in whole or in part, and to construct gutters,
13 culverts, sidewalks and crosswalks thereon, or upon any part
14 thereof; to cause to be planted, set out and cultivated shade
15 trees therein, and generally to manage and control all such
16 highways and places.
17
(r) Fines and Penalties.
The Mayor and Common
18 Council shall have power to impose fines, penalties and
19 forfeitures for any and all violations or ordinances, and for any
20 breach or violation of ordinances, to fix the penalty by a fine
21 or imprisonment, or both. The violation of any lawful ordinance
22 made by the Mayor and Common Council shall constitute either a
23 misdemeanor or an infraction as provided in said ordinance, and
24 shall be prosecuted in the name of the people of the State of
25 California.
26
27
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(s) Compensation and Removal of Officer. Subject to
3 the provisions of Section 53 of the Charter, the Mayor and Common
4 Council shall have power to appoint and remove such ~~~eft-afts
5 e~ftep-e~bepe~fta~e,-e~~~eep8-afte-em~~yeee7 city department heads
6 as they may deem proper, and to fix their qualifications, duties
7 and compensations. e~e~e~~-~fte-e~Y~~-~~~~~_ef
8 ~ft~e-Gftap~ep~
9
(t) P~e~~e-Y~iii~ies.
Water.
The Mayor and Common
10 Council shall have power to contract for supplying the City water
11 for municipal purposes, or to acquire, construct, repair and
12 manage pumps, aqueducts, reservoirs or other works necessary or
13 proper for supplying water for the use of such City or its
14 inhabitants, or for irrigating purposes therein subject to the
15 powers and supervision of the Board of Water Commissioners as in
16 this Charter provided.
17
(u) Public Works and utilities.
The Mayor and
18 Common Council Council shall have power to acquire, establish,
19 own, construct, maintain and operate street railways, telephone
20 and telegraph lines, gas, electrical and other works for light,
21 power and heat, and to supply such light, power and heat to the
22 municipality and the inhabitants thereof: and to acquire, own and
23 maintain public libraries, museums, gymnasiums, parks and baths.
24
(v) Construction Permit.
The Mayor and Common
25 Council shall have power to permit, under such restrictions as
26 they may deem proper, the laying of railroad tracks and the
27 construction and operation of street railways and the running of
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2 cars drawn by steam, electricity or other power thereon; and the
3 laying of gas and water pipes in the public streets; and the
4 construction and maintenance of telephone and telegraph lines or
5 other utilities therein.
6
(w) Schools.
The Mayor and Common Council shall
7 have power to maintain public schools.
8
(x) Duties Not Defined.
The Mayor and Common
9 Council shall have power to prescribe by ordinance the duties of
10 all officers whose duties are not defined by this Charter, and to
11 prescribe for any officer, duties in addition to those e~her-~ftaft
12 herein prescribed.
13
(y) Dog Tax.
The Mayor and Common Council shall
14 have power to impose and collect aft a aftft~a! license tax on every
15 dog owned or harbored within the limits of the City.
17 Mayor and Common Council shall have power to make and enforce all
(z) Make and Enforce Laws and Regulations.
The
18 laws and regulations in respect to municipal affairs, subject
19 only to the restrictions and limitation~ provided in this
20 Charter.
21
(aa)
Other Powers.
The Mayor and Common Council
22 shall have power to pass all orders, resolutions and ordinances
23 and to do and perform any and all other acts and things necessary
24 or proper to complete execution of the powers vested by law Or
25 this Charter, or inherent in the municipality, or that may be
26 necessary or proper for the health and general welfare of the
27 City or its inhabitants.
28
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2 See~~ft-4iT-~~~-Ae8ee8meft~,-~eVY-~~~~r-6i
3 ~axes~---~he-~-afta-~~~~-eha~~-h8ve-~-~_~t
4 ehaii-~-~he~~~~y,-te-~~~-6re~ftaftee-8-~~_~he
5 a8eee8meft~,-ievy-~~~~:I:on--6~- 8ii-~-i-ty- tanes ,--wh-i-e....-ey8~
6 eh8ii--coftor-erlll-_-fteariy--as--the-~llIetafteee-ei--bh&- case -flIay
7 perlll~~ ,-te- tfte- ~ev~5~eftS- EI'f- -bh&- -i-ews- -of- -Ilh-:l:s- -&ee:-_ -Ht -l!'erel!'eftee
8 ~e-8Saeaameftt,--i~-8fte-~~~-6~-St8te-~~-~aze8,
9 e~eep~-8s-~~-~~llIe-ier-stieft-assessm~-~~-ee~~~~ft,
10 al'\a - euOEl1'"~ - 85- -Ilo- -the- ~i-eer s- -by- -whelll- '8UCb- -al:l ties- -M'e- -Ilo--ee
11 periefllled-.---""i-i--t-a~es- asseaaea-.ot:~l!'-w~-'bh--afty-~~~
12 ~1II~sed-ie~~~~I'\~l:Ie~,-afta-~-e~~~-~le~~eft,-~~i
13 eefts't~~-~ief'l'5- -on--the- ~-a8eeeeeci,-irelll-~ -e:f1l_ -~he
14 ~~re~ - Mef'la8Y- -i-n- lla:t'<h'" -Ht -eaeh -year, - wft~eft- .H.-ens-"1lley- -be- -eftrel!'eee
15 ey-a-el:l1ll1llary-ea~e-6~-el:leh-pl!'eper~y-al'\e-~he-e~eel:lt~ft-afte-ae~~ry
16 ei-~~~-fteeessapy-~~ates-~-eeeds-the~~~,-8fte-~h
1 7 l!'e~l:Ii-S<<-()f}S- -as- -flIay - ee- ~ esC!:'i-bed- ~ -6re~ftaftee.. - er--by--ecMon--~1'\
18 al'\y-~-ei-~~eftt-~~e~et~~~-i~-sti~-~~ftt
19 pl!'evMee-that--eny-~-ee~-ier-stieft--t-&xes -shall -be--l!tl:lefeet
20 te -Peeelllp~~ft _~~h~ft -the -~~llIe -afte -~ft -~he -flIaftftel!' -pl!'evMee, -el!'-~hat
21 llIay-there8iter-M-~tiJe&--by--i_~~ ~:I:on-~r--Pl!'epel!'ty
22 ee~a-ier-St8te-er-€et:lft'ty-.ot:1!litefM--~-i- deeds .~-up<m--efty-ea~e-6i
23 pl!'epel!'~y-rel!'-~a~ee,-el!'-l!tpee~a~-aeeee8meft~-l:Iftl!el!'-tfte-pl!'ev~e~l'\e~i
24 ~h~l!t-€harter-sh8ii-fteve-.ot:fte- aeme-~~ effe,*--Ht-e'Y-ideftee.-as
25 ~l!t,-~~-herea~~el!'-ee-~-ded-~-~allf-ier- deeds ~-Pl!'epel!'~y
26 ee~e-ier-~-of-~-6l!'-€el:ll'\ty-'t8!l:efh---'Phe-_HiKint-l!'ate
27 e~-taxatiel'\-5fteii--n&t:- elEoeed -Ht-afty-el'\e--ti~-~-cne-~~l:iH'--al'\a
28
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2 ~ft~P~y-~~Ye-eeft~s-~$~~a5~-~~~~~~~r&_~~~~-ef
3 Yal-ltlt~~ft-er-flrepe~'ty- assessed ~~~-~-fteeeeeltPy
4 ~-~aY-~~~~~-e~-aft8-~ft'te~es't-~~~-~ft&ee~edftees
5 e:f-~he-e~~y.,.
6
7
Article IV
8
9
Executive Department
10
11
Mayor
12
13
Section 50. Chief Executive Officer.
The Mayor shall be
14 the Chief Executive Officer of the City of San Bernardino and a
15 citizen of the State of California who shall be at least thirty
16 years of age and a resident and qualified elector of the City for
17 a period of at least ~hi~'tY--(-aG7 twenty-nine (29) consecutive
18 days next preceding the date of filing nomination papers for the
19 office. The Mayor shall cause the strict enforcement of all laws
20 and ordinances within his or her jurisdiction: shall vigilantly
21 observe the official conduct of all publiC officers, and take
22 notice of the fidelity and exactitude, or the want thereof, with
23 which they execute their duties and obligations, especially in
24 the collection, administration and disbursement of publiC funds
25
and property.
The public books, records and official papers of
26 all departments, boards, officers and persons in the employ or
27 service of the City shall, at all times be open to all persons
28
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for inspection and examination as provided bv state law.
The
3 Mayor shall cause all the books and records of said departments,
4 boards, officers and persons to be kept in legal and proper form.
5 Any defalcation or willful neglect of duty or official misconduct
6 which may be reported to or discovered by the Mayor shall be laid
7 before the Common Council in order that public interests may be
8 protected and the person in default proceeded against according
9 to the law. The Mayor shall, from time to time, give the Common
10 Council information in writing relative to the state of the
11 City's municipal affairs and business, and shall recommend such
12 measures as may be deemed beneficial.
13 The Mayor shall have the books and records of all public
14 departments, pertaining to the finances of the City, e2per~ed
15 audited by a competent person at least once in every year. Any
16 person refusing to submit to, or permit such examination, or
17 purposely delaying, or impeding the same, may be suspended from
18 office by the Mayor and removed for malfeasance by the Mayor and
19
Common Council.
The Mayor shall have general supervision over
20 all the departments and public institutions of the City: shall
21 cause them to be honestly, economically and lawfully conducted:
22 and shall take all proper measures for the preservation of public
23 order and suppression of all riots and tumults.
24
Section 51. Appointments and Vacancies.
The Mayor, with
25 the consent and approval of the Common Council, shall appoint all
26 officers, and fill all vacancies in an elective office not
27 otherwise provided for in this Charter. PreY~eee-~fta~-~ft-ftO-eaee
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2 Whe:E'e-8-~-hee-~-afte-81\-8flflMft't:llleft't:- b8en--f\lElde--~-al\
3 e~ee~~ve-effiee,-~~-~-e~~~e:E'-he%d-~~~~~eftera%
4 m~l\ie~~-~~~-a~-whieh-~~~~-e~e~~ft-sh8%%-~~~_~r
5 ~ha~-e~E~ee-se-V8e8ted-'t:e-~~~~-~~~~. In case of a
6 vacancy in the office of Mayor, the vacancy shall be filled by
7 the Common Council by a majority vote. afte-the--eppoimee-ebe-H:
8 he~e-effiee- ~r-the-~~~ When a vacancy has occurred
9 and an appointment has been made to an elective office, an
10 election to fill the position for the unexpired term shall be
11 held in the next succeeding city wide municipal election, and the
12 appointee shall hold office until the appointee or his or her
13 successor has been elected and qualified.
14 Section 52. Contracts and Agreements - Pewer-te-~~
15
er-~~lIeM .
The Mayor shall see that all contracts and
16 agreements with the City are faithfully kept and fully performed,
17 and to that end shall cause legal proceedings to be commenced and
18 prosecuted in the name of the City against all persons or
19 corporations failing to fulfill their agreements or contracts,
20 either in whole or in part.
21 Section 53. Power to Dismiss W~~he~~-ea~ee.
22 The Mayor shall have the general supervision of all City
23 officers elected or appointed, except ee~fte~~mel\ council members.
24
A.
Any appointive officer or employee of the City of San
25 Bernardino, except officers appointed for a definite term, and
26 except deputies, assistants, Clerks, employees, and attaches
27 holding office at the pleasure of an elective officer, may
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2 summarily be dismissed without cause by the Mayor, with the
3 consent of five-sevenths (5/7) of the Common Council.
4
B.
For cause he or she shall have power to discharge any
5 City appointive officer or employee, fer-dere~ie~ieft,-ftegiee~-er
6 fteft-~rmaftee-~-d~~Y7 except employees in the classified
7 service, and may to suspend any employees in the classified
8 service pending a hearing before the civil service board.
9
10
11
12
City Attorney
Section 55. Position - Duties - Salary. (a) The office of
13 City Attorney shall be a full-time position, and the incumbent
14 shall not engage in private practice.
15
(b) To be eligible to hold the office of City
16 Attorney, the person elected or appointed shall be an attorney at
17 law, duly licensed as such under the laws of the State of
18 California, and shall have been engaged in the practice of law
19 for at least five (5) years prior to his or her election or
20 appointment, and shall have been a resident and elector of the
21 City for a period of at least ~hir~y-~-3G~ twenty-nine (29)
22 consecutive days next preceding the appointment or the filing of
23 nomination papers for election to the office.
24
(c) In the event a vacancy shall occur in the office
25 of City Attorney during his or her term, such vacancy shall be
26 filled by appointment by the Mayor and Common Council, which
27 appointment shall be valid until the next city wide ~efterai
28
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2 municipal election, at which time a City Attorney shall be
3 elected for the remainder of any unexpired term, or for a full
4 term in accordance with Article II of this Charter.
5
(d) The City Attorney shall be the chief legal
6 officer of the City; he or she shall represent and advise the
7 Mayor and Common Council and all City officers in all matters of
8 law pertaining to their offices; he or she shall represent and
9 appear for the City in all legal actions brought by or against
10 the City, and prosecute violations of City ordinances and may
11 prosecute violations of state law which are misdemeanors or
12 infractions and for which the City Attorney is specifically
13 granted the power of enforcement by state law without approval of
14 the District Attorney, or those violations which are drug or vice
15 related; he or she shall also act and appear as attorney for any
16 City officer or employee who is a party to any civil legal action
17 in his official capacity; he or she shall attend meetings of the
18 City Council, draft or review as to form and legal content,
19 proposed ordinances and resolutions, give his or her advice or
20 opinion in writing when requested to do so in writing by the
21 Mayor or Common Councilor other City official upon any matter
22 pertaining to municipal affairs; and otherwise to do and perform
23 all services incident to his or her position and required by
24 statute, this Charter or general law.
25
(e) The salary of the City Attorney shall be fixed by
26 the Mayor and Common Council, but shall not be ~88-~h&ft~Yeft~y-
27 ~~Ye-h~fta~ed-~~~~~~,~.~ reduced during his or her term
28
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2
of office.
He or she shall be provided with office space and
3 equipment, and clerical help by the City.
4
5
6
City Clerk
7
Section 60. Duties. The duties of the City Clerk shall be
8 to keep the corporate seal and all books, papers, records and
9 other documents belonging to his or her office, attend all
10 meetings of the Mayor and Common Council and keep a journal of
11 the proceedings. He or she shall have full power and authority
12 to take all affidavits and administer all oaths necessary in the
13 transaction of city business, but shall make no charge therefor.
14 His or her official books and records shall be kept properly
15 indexed and be open to public inspection during office hours. He
16 or she shall number and keep a record of all demands allowed and
17 certified to him or her, showing the date of approval, to whom
19
18 the same is allowed, the nature of the claim, and the fund out of
which the same is payable.
He or she shall issue all licenses
20 and countersign all warrants on the City Treasury, except
21 warrants of the boards, and shall do and perform all other acts
22 required of him or her by this Charter, or by ordinance, or which
24
23 may be required of him or her by the Mayor and Common Council.
Section 61. Qualification. The City Clerk shall have been
25 a qualified elector and resident of the City for a period of at
26 least twenty-nine (29) consecutive days prior to his or her
27
28
/
/
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32
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2 appointment or filing of nomination papers for election to
3 office.
4
5
Treasurer
6
7
Section 70. Duties.
The Treasurer shall receive~ invest
8 and payout all moneys belonging to the City, and shall keep an
9 account of all receipts and e]fpefte~..t:tl~ee disbursements, under
10 such rules and regulations as may be prescribed. He or she sfta~i
11 lIIalte-a-~'Y'" ~-ec.--efte-Mayer-efte--c'ElllllOOft--C-ounc!l ~-~fte
12 peee~~-&fta-~~~~res-~--efte-~ed~ftg-~~.-aft8 shall
13 perform all duties required of him or her by law and the Mayor
14 and the Common Council. He or she shall not payout any lIIeft~S
16
15 money belonging to the City except on claims presented, allowed
and submitted in the manner provided by this Charter.
The
17 Treasurer Shall be the administrator of all bonds issued by the
18 City.
19
Section 71. Qualification.
The City Treasurer shall have
20 been a qualified elector and resident of the City for a period of
21 at ieast twenty-nine (29) consecutive days prior to his or her
22 appointment or filing of nomination papers for election to
23 office.
24
25
26
27
28
Article V
(Reserved)
DAB/ses/Charter.rev
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2
Article VI
3
4
(Reserved)
5
6
7
8
9
Article VII
Initiative, Referendum and Recall
10
Section 120. The Initiative. Any proposed ordinance may be
11 submitted to the Common Council by a petition signed by
12 qualified and registered electors of the City equal in number of
13
the percentage hereinafter required.
The signatures to the
14 petition need not all be appended to one paper, but each signer
15 shall add to his signature his place of residence, giving the
16 street and such other identification as may be required by the
17
regis~ration law.
One of the signers of each such papers shall
18 make oath before an officer qualified to administer oaths, that
19 the statements therein made are true, and that each signature to
20 the paper appended is the genuine signature of the person whose
21 name purports to be thereunto subscribed. Within ten days from
22 the date of filing such petition, the City Clerk shall examine
23 and from the great register ascertain whether, or not, said
24 petition is signed by the requisite number of qualified electors
25 and if necessary, the Council shall allow him or her extra help
26 for that purpose, and he or she shall attach to said petition his
27 or her certificate showing the results of said examination. If,
28
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2 by the Clerk's certificate, the petition is shown to be
3 insufficient, it may be amended within ten days from the date of
4
said certificate.
The Clerk shall, within ten (10) days after
5 such amendment make like examination of the amended petition, and
6 if his or her certificate shall show the same to be insufficient,
7 it shall be returned to the person filing same, without
8 prejudice, however, to the filing of a new petition to the same
9 effect. The original petition may not be amended more than once.
10 If the petition shall be found to be sufficient the Clerk shall
11 submit the same to the Council without delay.
12 If the petition accompanying the proposed ordinance be
13 signed by electors equal in number to thirty percent (30%) of the
14 entire vote cast for all candidates for Mayor at the last
15 preceding City election at which a Mayor was elected, and
16 contains a request that said ordinance be submitted forthwith to
17 a vote of the people at a special, or general municipal election,
18 then the Council shall either:
19
(a) Pass such ordinance without alteration within
20 twenty (20) days after the attachment of the Clerk's certificate
21 of sufficiency to the accompanying petition (subject to
22 referendary vote), and if the ordinance shall be passed by the
23 Council, but shall be vetoed by the Mayor, and on reconsideration
24 shall fail of passage by the Council, then, within five (5) days
25 after determination that said ordinance shall have so failed of
26 final adoption, the Council shall proceed to call a special
27 election at which said ordinance without alteration, shall be
28
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2 submitted to a vote of the people; or,
3
(b) Forthwith after the Clerk shall attach to the
4 petition accompanying such Ordinance his or her certificate of
5 sufficiency, the Council shall proceed to call a special election
6 at which said ordinance, without alteration, shall be submitted
7 to a vote of the people.
8 The ballots used when voting upon said proposed ordinance
9 shall contain the words, "For the Ordinance," (stating the
10 general nature of the proposed ordinance) and "Against the
11 Ordinance," (stating the general nature of the proposed
12 ordinance). If a majority of the qualified electors voting on
13 said proposed ordinance shall vote in favor thereof, such
14 ordinance shall thereupon become a valid and binding ordinance of
15 the City; and any ordinance proposed by petition, or which shall
16 be adopted by a vote of the people, cannot be repealed or amended
17 except by a vote of the people obtained in like manner.
18 Any number of proposed ordinances may be voted upon at the
19 same election in accordance with the provisions of this section,
20 provided that there shall not be held under this section of the
21 Charter more than one special election in any period of twelve
22 months.
23
Section 121.
The Referendum. -Ne-e!!'e4.l'ltll'lee- passed -by-~
24 Selllllleft- -C-OU-fle! 'i - -< ell ee p1! - whefr -e1!ftel!'W~_ - r-et:(t1.!r-ee- -by- -1me- 4l'6ftera'i
25 1- 8 W'8- -e i - ~e - -&ll-&1! e7 - -o-r - by- -tft'8--pre'lf4.-s4.-ons- - e.f-~~It _€~p,
26 re!!lpee-t-i-ng--!!Itl!"eet--i~-end--elfeep1!-8ft- ~-nence--Eor--1!fte
27 ~lIIl11ee4.~-pre!!ler-'lf8t!eft-~-1me--Pt:le1-~-pe8ee,-~~-~_ltare1!y,
28
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September 13, 1990
36
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2 whieft--coft-e-lti:fts--e--s--ea-eel1left-e-ef-~"'I::-s-~,--ltfte-is- passed -by--a
3 -eW~i:J."6-S- -~:i! r a~- -yo.-e-e - e45- --e-he - -c-ounc-:l:-:t, - -bu"Il- -8e- ~-e- - M--efty
4 Erafte~~-shai~-~-eeftstJ."~ea-"'I::~~-aft-~J."gefteY-~-~-a:ti
5 Eraftehi:ses-sha:t:t-be-s~bfee-e--ee--ehe-reEerefteary-Ye-e-e-herei:ft-
6 ~reYi:eeeT-Sftaii-~~-eEEee-e-befeJ."e-~fti~~Y-~~r~ ~--ehe
7 ~:l:-I1le -ef - i ~5- fi-ne,l- "1)ssssge- -end -i:-es - a~~J."evai -l9y- -tlle- ~-eft6 !. f
8 during sa:l:-6 the thirty days between final passage of an ordinance
9 and its effective date, a petition signed by electors of the City
10 equal in number to at least thirty percent (30%) of the entire
11 vote cast for all candidates for Mayor at the last preceding City
12 election at which time a Mayor was elected, protesting against
13 the passage of such ordinance, be presented to the Council, the
14 same shall thereupon be suspended from going into operation, and
15 it shall be the duty of the Council to reconsider such ordinance,
16 and if the same is not entirely repealed, the Council shall
17 submit the ordinance proposed to the vote of the electors of the
18 City either at the next general municipal election or at a
19 special municipal election to be called for that purpose, and
20 such ordinance shall not go into effect or become operative
21 unless a majority of the qualified electors voting on the same,
22
shall vote in favor thereof.
Said petition shall be in all
23 respects in accordance with the provisions of -ehe-first Section
24 120 of -e-he this article (The Initiative) and shall be examined
25 and certified by the Clerk in all respects as therein provided.
26 All grants of franchise shall be subject to this section.
27
Section 122. The Recall. Proceedings may be commenced for
28
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September 13, 1990
37
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2 recall of the holder of any elective office of this City and the
3 election of a successor of the holder sought to be removed in
4 accordance with general law. 8y--t:fte-_Yie-e-,--i'i-i~-eftd
5 p~8i'i~~-e~-~-Re~'i~-er-~~~eft-~-eire~~-a-~ri
6 peti~'i-on-.--- S~-eb-~l!'eeeee.'i-ngs-_aY-~-8e-~~--ehe
7 heia~~-aR-~i-ee-~ft-i_,--at--'bhe--~illle-~~;-_~he
8 he i ae~ -ha-e- - Re-i of!- _f-r:i:,ee - ier- -&b- -1 eas'll -ft~rte~y - aays- -end- -no- -:Peea~i
9 pe-e~~~ft - Ras - eee5- ~~-i-ed- -egei-net- -such- -bo-l-de!!- _~'eft:l:n- ~ -preeeli~~
10 s:i:,x-~~--~~e~it'i-on-~lIIaRa'i~~e-f~~~-ei-~-err~eer
11 se~h-e-~e-8e-reeaiiea-Sfteii-~~~~-ed-~~~~~~r__~he
12 peti ~'i -on- -e-ha i i - -be- -s:i:,lffte-d- -by- -rte-e - iess- -bhen-~;tve- -pereeftt
13 ~25%~-_f--~~~~ers-~-tft-e-~~-ey,-~-:i:,ft--'bhe--eae-e-_f--e-~~y
14 ee~Re'i-i~-eiee~-ed-~y-~--eweftty~~-pere~-~~S%i-~_~he
15 'V'e-eers -ei- -t:h8'b- ",'ard-,--aeeerli~~ - tRe- ~~ -<ll erlt-'. -~ -errHl~ai
16 reper-e-ei-~~-on-~-~he-seeretary-ef-~--~-s~fta~~re
17 lIIay-ee-e~~'i!tee.-~~"Ilbe--peM-'M-on--uMl;I:-~~~~-ft8'V'e-_l!'Yeli,
18 r:i:,~eli-afta-~~~~-fte~:i:,ee-ei-'i5~e5~'ieft-~~1~~_peea~i
19 pe~~~ft,--e-eft~-e-!"'-r.M~-~~-ftallle-~-~Re-~~er--sougft-e_~~~e
20 peee.i-i~_ftli-.ot:-be-~~-e~e-ei-M19- off-~,--a- statellle.5t-~-n-~_pe
21 -ehaft-S99-"eras-ei-~fte-~-on-~-eh-~ --rece-~~-j,g.~,--afta
22 -ehe-~ame- -afta- -edd-re-ss - ~ --e--e- i east -cne-,--8~-e -ftet- ~ -1men- -r~ye
23 prepefteft-es~--'I'fte-fl&M-ee-~~r-ebe-~~-be-_P'l/'ed:,--pepeefta~~y
24 9r -by -eer-e~f-~ _a~ ~,-eft --efte -errHlep -_~ft-e --ee -be -peea~ reli, -aM-e.
25 eepy -~hereer -"~-eh -a -eer~~rHla~e -er -~he --e~e -aftli _aftftep -er -sel!'YHle
26 shaii-~~~-w~~h-tRe-~-i~-~-~he-ielfisie.tive-~--~~~h~ft
27 seyeft-fgi --deys-~-i!fte.-r~r~~-ei-~fte-fl&M-ee-~-~rI!-i<m,---ehe
28
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2 erf~e~~~~ft~-~-ee-~eee~~e8-~~~~-W~~ft-~fte-~~~~~-aft
3 aruIWe~~-fte't-~-~fteft--5G9-w~~-ee-~fte-~~_~fte
4 prepefteft~e-afte-~r-aft-aftewer-~e-r~~ee,-efta~~-eerYe-a-eePY-~ftereer,
5 pereefta~~y -e~--by-~-Ilta~~,-eft-efl.e-~ -'Ilhe-~-ft8llle8
6 ~ft -~fte--noM-e&-~-~~j,on.:---A~-'tfte- -'b~:II~-'Ilhe-"1'"~-p~e~~eh
7 ~fte-fte~~e-afte-e~a~emeft~-rererree-~-aeeye,-~fte-err~eer-ee~ft~-~
8 ee-reea~~ee-lltay-ftaye-~fte-aftewer-p~e~~eftee-a~-ft~e-e~peftee~--~r-~fte
9 aft8We~-~~~-ee-p~e~~8fte8-~~~-efta~~-f~~e-~~-'Ilhe--e~~y
10 e~erlt-e~-~-tl-!i-me-~-afte_r-~8-~-!-iee-_~-dee-~_ft~S
11 ~ft~eft't-~-~fte-eftswe~-~~~:---~fte-~~~_aftewe~
12 al!'e-~~e8-'8C'i-e-l-?-fe~-bbe--~ft~~~ -er-tfte-"V6'I:-M'S-~-fte
13 ~fte~rr~~eftey-~ft-~~-er-8~eS~eftee-~-sha11 ~-~fte
14 ~e-i~~~~y-~-'t~-e-i~~eft-~r-~ee8-!~:---~-fte~~ee-~d
15 e~a~-eft~-es-~~~-aee~,-eft8-~~ler ,--~r-~~-~~~-ee
16 p~e~-!iS'hed--efte:H--be--p~e-i-i-shed--a~-~east: -eftee-~ft-_-newepeper -ef
17 ~eftera~-e~re~~a~~ft,-ae-eeeer~eee-~ft-See~~fte-&G99-~-&9&&-er-~fte
18 Geyerftmeft~-C-eee,-aef~e~a~ee-ae-e~ft~
19 Se~-en--fq+-el!y~-af't_-~fte--p~M~~ft-~~fte-~i-ce-,
20 s~l!~~-eft8-~er,-~~-~t-~-e--te--be--p~e~-!iS'hed-,-the-~~!
21 pe~~~~ft-may-ee-e~re~~a~ee-aft8-e~ftee~--~fte-pe~~~~ft-efta~~-eear-8
22 eepy-~-~fte-ftet~ee-~~,-e~a~emeft~-eftd-~e~;-~-afty~
23 ~r - 't-be--err ~ ee~ -h&e- - fte't- -enS\lered-,- -~fte -pe~~ ~~eft- -sbfri.~- ~-e~ate~
24 S~fta~~ree-shl!~~-~-eecured--afte-~he-~<<~+i.~_~~_e~~~y
25 ~>-8l!Y8-~~-r~~~ft9-ef-~~~~-er-~ft~eft~~eft~---~-e~h
2 6 pe~~~~ft - b - ftM- ~-i-iee- ~-tlhS.ft--'Ilhe- ~ --pernt-~ -by- -1!ft~ -eee~~ft,
27 ~fte-seme-Sfte-i-i-~~~~-a~~-p~rpese8~--~~~~~~fte
28
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September 13, 1990
39
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2 );te-e:k-ei-eft - fteea- flO't- -e-1-l--be- -a);t);tefteleel-te- efte- -pepes:'1- -b\rIl- eaM -e~fter
3 eh8~~-~-te-~-&-8igft~~~-);t~aee-ei-~~-~--ehe
4 e-eree-e-efta-~~-:keleft-e~~:kea-ei-efte-88-meY-~~~_-ehe
5 re!l'i8tr8tieft--i~---efte-ei--bbe-~-e~-e8eh-~ paper -eha~~
6 ma~e-e8th-~~-e~~~r-~~e~iiiea-k~~~~r_-ehat
7 -ehe-8tetellleftt8-<t:fte~Mfl.-mede-~~--end-~ eat!ft-&~re--ee
8 -ehe -);t81'er- ~flfl8fl.eee, - -i-s- k-be- ~-ne- -ei~ ~ -1!fte- ~l!'8CM't _helte
9 ft8I11e-~r-e8-~~e-t~-e~eeer~eeelr--~~~~~~-r3G~
10 e1aye-8~-eer--ehe-ela-ee-e~-~:k~:k~-e~eh-);te-e:k-ei-eft,--ehe-e:k-ey-e~er~_eha~~
11 e:ltalll:kfte-efta- as~~~ -er-ftet-se-:i.e--pet-i<<'t>n--i-&-&:tgned-ey
12 -ehe-r~~~e:k-ee-ft~eep-e~~~a~:k~~eel-e~e~pe-aftel,-:k~-fteeeeeary,_-ehe
13 ee~fte-i-i-~a~~-~~~-eKtre-~~~--eha-e-);t~rl'e5e7-~~-e:k-ey
14 e~erk--eh&l:-~-8t~--ee-~-);te-e:k-e:keft-e-~<<-c&be-~_-ehe
15 ree~~-e-e~-e8:ke1-e:ltalll:kfta-e:keftr--~~,-ey--ehe-e:k-ey-e~r~~e-eer-e:k~i-ea-ee,
16 -ehe-~:keft--i~~Wft-~~--i~:keftt7-~-1lI8y-~-ameftelel!l
17 w:k-eh:kft-thirty--(-ae-)--deys- M'ooI---ehe-li8h-M-'ee5..d-~~.---'Phe
18 e:k-ey-€~erk-~-i,-~~~--eh:kp-eY-fa8~-~~~-ameftelllleft-e,
19 llIake--~-eK~~:keft-~-~he-~l!Iea-~~~~eft7-~r--i~_~~5
20 eer~:k~:kea~e-eha~~-ehew-~he-eame-~-ee-e~~~:ke:keft~-:k~-eha~~-ee-ye:kl!l
21 ~e!C--&~~-"PU'rl'e s e 9 r---l-~ --bbe--~~~i~-eh8-i~--ee-~-~~e
22 e~~~~e:keft~,-tfte-~-i~~~-eha~~-5~elllit-tfte-S8~~-1!fte--ee~fte~~
23 W:ktft~~~8Y-~-~he-~~-i-~l-l---ehere~peft-eraer-~~_8
24 e18te-~-he~l!I:k~-58ia-~~~-~-~eee-tft8ft-<<~~~r-elaye,
25 fter-1lIepe-~haft-eeYeft~Y-r~9T-elaye-~rem-~he-ela~e-e~-~he-e:k~y-e~ep~~8
26 eer-e:k~~a-ee-~--ehe-ee~fte~~--eha-e-a-e~~~~~eft~-);te-e~~i-eft_:ke_~~~l!I~
27
f
f
f
28
DAB/ses/Charter.rev
September 13, 1990
40
20
21
22
23
24
25
o
o
1
2 'Phe -ei--e:r -GeltAei- J:. -aAeI--ehe -ei--e:r -eJ:.eplt -ahaJ:. J:. -IlIalte,. -ep -ealtae-1!e
3 8e-~e1e,-~lt8~~~-e*~-ef-~-e*e~-aRe-~J:.i-~paft~R~~~r
4 eeAellte-ei-~,.-retltrR*R~-efte-~~~~~~~~~-eJ:.ee-ei-eR
5 i-A--efte-aame-lllaAAep-aa-e-eher-ei--e:r-eJ:.ee-ei-eAa~--AA:r-pereeft-ee~h-e_1!e
6 8e-~~-8e-a-~~~-elteeeeel-h*mseif-~~~-he
7 re~lte~k~-e-eherwi-ee,.-*R-~~~-~-ei--e:r-€ierk-~~-~~_hi-s
8 Aame-~--ehe-~~;i,aJ:.-~~-w*~~-ftemi-Aa-ei-eA~--~~~_elteh
9 peIlleYaJ:.-eieet*eR,--bhe-~~-reeei-Yi-A\J-the-M~-nuntber -ef
10 Ye-eea-ehaJ:.J:.-8e-e1eeJ:.apeel-eJ:.ee-eeel~--A-e-alteh-eJ:.ee-ei-eA,.-i-~-eeme-e-efter
11 pepeeft-"'heR-k-be--~-peeei-Yee-"'Re-M~~~_Ye-eee,
12 -ehe-*Reltm8eR"'-~~-~~-8e-aeemea-~~--eh&-e~fi-ee
13 ltpeft-~~;i,~i-ea~~~-e~-ft~~~eees5~---iA-~-the-~_wfte
14 pee e~ 'Ired- --ehe - M-ghe 3 -e - Atl~ -ef -...ot e 3 -eRetl~ -do -+ai- J:. -k& -qli"aJ:.i-fy
15 with~~~-f~~~-a~-eep-reee*y*ft~-~~~~~~-eJ:.ee-ei-eA,
16 -ehe-e~~i-ee-ehaJ:.J:.-8e-eeemeel-YeeaA-e~--~~--efte-iAeltm8eft-e-peeeiYee_-efte
17 hi!Jhea-e-Altm8er-M-'Ye't:ee--be-~~-~~.---'Pfte-_e_eeeer
18 e~-aRY-M~~ee~1Se-~~~--ho-1-d-~f~-duoPH1g---eh&-ltfte]fpi_s
19 -eePm-e~-hie-ppeeleeeeeer~
Article VIII
Revenue and Finance
Section 130. Reports and Estimates. On or before the last
26 MeRsey day in a:ltiy-~-ft each fiscal year, the Gi-e:r-€ierk Mayor
27 shall transmit to the Mayor and Common Council, accompanied with
28
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2 the estimates and reports of each department, an estimate of the
3 probable financial necessities of the City Government for the
4 fiscal year, stating the amount required to meet the interest and
5 principal on all bonded or funded indebtedness of the City,
6 together with the amount needed for the salaries and probable
7 wants of all the departments of the Municipal government in
8 detail, showing specifically the necessities of each fund in the
9
treasury.
Such estimate shall also show what amount of income
10 and revenue will probably be collected from fines, licenses and
11 other sources of revenue, exclusive of taxes upon property, and
12 what amount will probably be required to be levied and raised by
13 taxation in order to meet the necessities of each specific fund
14 for such fiscal year.
15 See-e~ft - i3i... - ~e4.f1.6f1.ee-'l'&- -Be- F assed.--~ -Mey<H'" -aftli-6elll1lleft
16 Sel:lfte-:i-i- -cft-e~ ~re -'bbe- -i-i:rst--Mond-&Y' - ~- -.Jitftltl!ry, - ~7-r-&ftl!1
17 l!ftftltl!~~Y'--eherel!i--eer-whi:~-l!ftY'-Ya~i:e-~aw-exi:s-es-~r--ehe-&ssessmeftt
18 &ftl!1-~~-ei:eft-~-ei:-eY'-t8Kes-~~i~-ez.-tfte-~~_S&ft
19 Berftarei:fte,-sh&~~-p&ss-l!ft-erei:ftaftee-e~ee-ei:rt9--ee-ayai:~--ehe-ei:-eY'-ei
20 Saft - Benl.erl!1ifte-~ -llhe- "1,n'O'\I'":I:9-~ -ei-- eft-e.et- ~-'M-etH- ..J~~--ee
21 preyi,ee- ier- the- -i-evy-~-eo-~leo'l!-.i:on- -ez. -teKes- ey- -end- ~~ -Itee
22 ez.-1lI1:1ft!:e!:pei-eerfler8<t4.efl.S--end-~~~_~_~aw8
23 ez.-tfte-5t6te-~-c-e1-!~-e;- en~~~~~-ei---ehe
24 z.i:rs-e-ei8ss,--end-~-preYi:ee-ier-~~~li~~-aftli-&ee~i:-e~ft
25 ez.-~~-llIl:1ft!:e!:pei-~~-~--ee-preY!:l!1e-~~-eIt-ei:es
26 ml!y--be-~er~rmee-I9Y-~fl-~~-ez.-the--c~-~-z.i:xi:ftg
27 -ehe-eelllpeftS8t!:eft-~~-l!~~wee-ier-sl:leh--C~~~_-ehe
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2 ge~v-ie-e--ee--~e~ -te--eucft-IlIt1.ft-i-cs..pe-l:--ee~~,-'L..-ltPP_Ye8
3 Ma~~-~~,--~89~,-aft~-9he~~-ee~-lt-~~~~e8-~-e~_~h
4 er8ifte~-~e-~~~~e8-~~-~he-~~E-sai8-~~~_Sltft
5 Bel!'ftltl!'e~fte.. - - -i~- -se!I.~ -eO'C- -ebe-l:-l:- -ee - allleft8e87- ew-~ ~ -l-ew--ee
6 9t1.~~e8-~~-~~s-&t6aar-~~ftg-~-~he-aeS6SSllleft~~8
7 ee~~ee~~ft~E-e~~y-~a~es-ey-ee~ft~y~EE~el!'9r-~he~ayel!'-afte-eelllllleft
8 eetl.fte'!i.~--she-l:-l:-~ftEel!'IlI-te--tlle--proy-i:-e-~~E-stl.el\-~-eO'C-~r
9 s~eh-iaw-~ft-~ -1;e-avaii--t-he--G-~~E-tl\e-'PriY.i.~-eg&-~-ha"'~ftg
10 ~~s-taKes- assessed -end-~~~eei;ee-eY-Stlefl-~~-<le!."9-.---S~el\
11 el!'e~ftltftee9-sl\ail--teke-~-ect--:l:tnmed5.-e'ilei?~ -'l!fte-~"'1'taasa~ -aM
12 s h e~-l:- -fte-O- -ee- -gu-e; e-c-t:- -te- -'1.'P 1\ e-~ f e~~llIl1- __ -he~Moftb&i.o.l!'e
13 pre"'~eee...
14 See~~ft-ia~"'-~~~^ss6ee~-ltftl!-~aK-~~~~-__AE~e~
15 ~he-tillle-&f-~-on--Ilfte.-E~l!'s~-Heft8aY-&f-~-~7-,->>_Eel!'_afty
16 eal:Sse--th~- sfte.i~ -ftet- -be- -i-ft- ~ei:'Oe- -afty- ~~ "'8Y&.t-l-ing- -~he
17 e~i;y-ef--tfle-'Pri'V':ii.~-of--heY:i-ng-+l!s- tan6e asssassa -aftli-ee~~ei;e8
18 ey - -t-he- -eEE i ee~ -e~ - tl\e- ~~- -end- -e~l!'~~ - tl\e- -M1lIe- -th'1a t -i;ftere
19 sfta~~-ee-fte-Stlefl-~flMlee-~~-s-i-on--!l:n-~,-'l!fte--e~-e~l!'k
20 9haii-~-e~-eEEi-ei-e-Asseese~7-~~-efti-eE-ef-~~e-e--she-l:-l:-_ee
21 e~-e~~~-&.J:.o.-'PaK-~-o-l:-l-ee~e~.,--tl-h6Y -sl\eii-~ r6B~~-i;he
22 e~i;i-es-afte-ftaYe-a~~-~fte-pewel!'s-pl!'esel!'~eee-ey-~aw~l!'~re~ftaftee_Ee~
23 AsSes~-aft8-~-eeli~~--~~~-~he-~~_eve-ii.~~_~he
24 pr!:v-ii.-ege-~E-~-!:ts- taues-essess6a -eft&--co-l:-~eete&--by--~he
25 eel:Sftt~-e~E~ee~~--~fte-~s--of--e~~y-~sS6sse~-~_ei-t~~ltK
26 eeliee-t~-sl\aii-~-eK-i~.---~he-~l!'-aft8--t-he-~~-ee~fte~1
27 9fta~~-have-~--by-~r8~ftafteer-te-~~~-'l!fte--eeIlIpeftsa~~ft
28
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2 eE-~he-e~~y-ezep~,-wh~ze-ae~~~-ae-ex-eEE~e~-Aeeeesep-afte-eE-~he
3 eh~eE-eE-Pez~ee-wh~ze-ae~~~-ae-ex-eEE~e~-~ax-Gezzee~p_fep_e~eft
4 ext!!fe-~~ee~s-: ---'}lhe --t; alfsa -ee--:l..~ -afl.e--co-zzeet!ee--she-~~-be
5 a~~ep~~ftee-by-~he-~peae~pep-~-~he-eeYepaz-epee~E~-E~ftee~
6
Section 133. Indebtedness for Municipal Improvement.
7 General obligation bonded indebtedness of the City for any
8 purpose for which the City is authorized to provide or for
9 carrying out any of the powers possessed by the City may be
10 incurred in the manner provided by the general laws of the State
11 of California at the time such proceedings are taken. The City
12 shall not incur any indebtedness evidenced by general obligation
13 bonds which shall in the aggregate exceed fifteen (15) percent of
14 the total assessed value for purposes of City taxation of all the
15 taxable real and personal property in the City. The City shall
16 not incur any bonded indebtedness constituting a general
17 obligation of the City unless such indebtedness is authorized by
18 the affirmative votes of not less than two-thirds (2/3) of those
19 electors voting on the question of incurring such indebtedness at
20 any election at which such questions is submitted to the electors
21
of the City.
Notwithstanding any other provision or limit in
22 this Charter, bonds of the City payable solely from the revenues
23 of any revenue-producing improvement, building, system, plant
24 works, facilities or undertaking used for or useful in (a) the
25 producing, obtaining, conserving, treating, storing,
26 transmitting, distributing and supplying of water for domestic
27 use, irrigation, sanitation, industrial use, fire protection,
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2 recreation or any other public or private use, and (b) the
3 collection, treatment or disposal of sewage, garbage, refuse
4 waste or storm water, including drainage, may be authorized and
5 issued in the manner provided by the general laws of the state of
6 California at the time such proceedings are taken. The issuance
7 of such revenue bonds must be authorized by the affirmative votes
8 of a maj ori ty of the electors voting upon the proposition of
9 their issuance at any election at which such question is
10 submitted to the electors of the City.
11 When two or more questions or propositions for the
12 incurring of general obligation bonded debt or for the issuance
13 of revenue bonds are submitted at the same election to the votes
14 cast for and against, each question or proposition shall be
15 counted separately.
16
Section 134. Sewer Service Charges.
The Mayor and Common
17 Council shall levy charges for sewer service which, if so ordered
18 by the Mayor and Common Council, may be collected together with
19 or separately from charges for water service and all charges
20 received for sewer service and all other income and receipts
21 derived from the operations of the sewer system, including any
22 sewage treatment and effluent reclamation works, or arising from
23 the sewer system or said works shall be paid into the Sewer Fund.
24 Said charges shall be at least sufficient to pay the following
25 amounts in the order set forth:
26
(a) The necessary and reasonable maintenance and operation
27 costs of the sewer system, including any sewage treatment and
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2 effluent reclamation works (which include the reasonable expenses
3 of billing and collection of service charges, management, repair
4 and other expenses necessary to maintain and preserve the sewer
5 system and said works in good repair and working order);
6
(b) The principal and interest on bonds issued for sewer
7 purposes;
8
(c) Any payment specifically authorized or required by the
9 Mayor and Common Council in an ordinance or resolution providing
10 for the issuance of said bonds.
11
Section 135. Demands against City. The provisions of the
12 laws of the State of California relating to the processing of
13 demands and claims against the municipality, the establishment
14 and operation of funds and the transfer of revenue between funds
15 which apply to general law cities shall be applicable to and
16 given full force and effect in the City, provided that the Mayor
17 and Common Council are empowered to and may, by ordinance,
18 prescribe and provide for such matters and other matters directly
19 related thereto and such ordinance after its adoption shall
21
20 prevail over said provisions of the general law.
Section 139. Valid Claims.
No claim for commodities
22 furnished, or service performed, shall be valid unless prior to
23 furnishing such commodities, or the rendition of the service,
24 authority for the same had been given by the Common Council, or
25 some department of City government, having the authority so to
26
do.
No member of the Common Council, or member of any
27 department, and no City officer, shall have power to create an
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2 indebtedness against the City, or to furnish the basis of a claim
3 without said authority.
4
Section 140. Advertisement for Supplies, etc. The purchase
5 of any goods, equipment, materials, supplies or other personal
6 property, except purchases from other governments or governmental
7 agencies or as otherwise excepted by law, shall be made in the
8 manner prescribed by ordinance which shall provide that such
9 purchases or contracts for purchases where the amount therefor
10 equals or exceeds an amount fixed by such ordinance, shall be
11 open to competitive bidding and that the procedures for such
12 bidding shall include public advertisement therefor and an award
13 to the lowest and best bidder. The Mayor and Common Councilor
14 any board or officer advertising for sealed proposals hereunder
15 shall have the power to reject any and all bids and re-advertise
16 at their discretion.
17
Section 143. Special Funds.
There is hereby created the
18 following specific funds, to wit: Library Fund, Sewer Fund, Water
19 Fund, and such other funds as may be designated by ordinance or
20 resolution duly passed by the Mayor and Common Council.
21
Section 146. Water Fund. All money received from the sale
22 or use of water shall be deposited into the Water Fund which
23 shall be kept separate and apart from other money of the City.
24 Out of the Water Fund shall be paid all warrants drawn thereon
25 duly authorized by the Board of Water Commissioners for the
26 defraying of expenses or maintenance and repairs and operation of
27 the water system, and for any expenses for additions to the same;
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2 and for supplying the City with water for any and all purposes;
3 except that the Mayor and Common Council may, in its discretion,
4 monthly transfer from the Water Fund to the General Fund, not
5 more than ten percent (lOt) of the revenues deposited into the
6 Water Fund during the preceding month, and except that the Mayor
7 and Common Council may, in its discretion, monthly transfer from
8 the Water Fund to the proper Bond Fund, an amount of money equal
9 to one-twelfth (1/12) of the amount which will become due and
10 payable during the current year for interest on principal, or for
11 interest and principal, upon any or all outstanding Water Works
12 Bonds.
13 Section 148. Library Fund. Out of the Library Fund shall be
14 paid all warrants drawn thereon duly authorized by the Board of
15 Library Trustees.
16
Section 149. Sewer Fund.
Out of the Sewer Fund shall be
17 paid:
18
(a) The necessary and reasonable maintenance and operation
19 costs of the sewer system, including any sewage treatment and
20 effluent reclamation works, which include the reasonable expenses
21 of billing and collection of sewer charges, management, repair,
22 and other expenses necessary to maintain and preserve the sewer
23 system and said works in good repair and working order;
24
(b) The principal and interest of bonds issued for sewer
25 purposes;
26
(c) Any payments specifically authorized or required by
27 the Mayor and Common Council in any ordinance or resolution
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2 providing for the issuance of said bonds;
3
(d) Amounts, as the Mayor and Common Council may direct,
4 for the payment of the costs of extensions and improvements of or
5 addi tions to the sewer system and said works or for any other
6 sewer purposes.
7
8
9
Article IX
10
Water Department
11
12
13
Section 160. Water Commissioners - Term of Office-
Qualifications - Duties.
There is hereby created a board
14 consisting of five members which shall be known as the Board of
15 Water Commissioners. Members of such Board shall be appointed by
16 the Mayor, subject to the confirmation of the Common Council.
17 The term of office of each commissioner shall be six years;
18 provided, however, that on or after twelve o'clock noon on the
19 second Monday in May, 1935, one member of the Board shall then be
20 appointed for a term of six years; that on or after twelve
21 o'clock noon on the second Monday of May, 1937, one member of
22 such Board shall be appointed for a term of two years, and one
23 member shall be appointed for a term of six years; and
24 thereafter, on or after twelve o'clock noon on the second Monday
25 of May of each odd numbered year, one member of the Board shall
26 be appointed for a term of six years; provided further that on or
27 after twelve o'clock noon on the second Monday of May, 1971, two
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2 members of the Board shall be appointed, one for a one-year term
3 and one for a three-year term, commencing on the second Monday of
4 May, 1972, and of May, 1974, and for every six years thereafter.
5 Any member of the Board may be removed at any time by the
6 affirmative vote of five Councilmen, and upon any such removal,
7 the vacancy shall be filled by the Mayor, with the consent of the
8
Common Council, for the unexpired term.
No person shall be
9 eligible to appointment as a member of said Board unless he shall
10 have been a qualified elector of said City for the period of five
11 (5) years next preceding the date of his appointment.
12 The Board of Water Commissioners shall perform the duties
13 and responsibilities prescribed in this Charter and shall perform
14 such other duties and responsibilities as are or may be
15 prescribed or delegated by the Mayor and Common Council with the
16 concurrence of the Board.
17
Section 161. Oath of Office.
Before entering upon the
18 duties of his office, each member of the Board of Water
19 Commissioners shall make and subscribe before some officer
20 authorized by law to certify oaths, the same oath of office
21 required of other City officers.
22
Section 162. President - Inventory of Property. The first
23 Board of Water Commissioners appointed hereunder shall, within
24 one week after their confirmation by the Common Council, and
25 thereafter their successors shall biennially, meet and organize
26 by the election of one of their number as president. And said
27 Board shall, within a reasonable time thereafter, not to exceed
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2 thirty (30) days, make an inventory of all the property of the
3 City pertaining to the Water Department that is on hand and in
4 use, consisting of lands, reservoirs, conduits, rights of way,
5 pipes, pipe lines, hydrants, gates, engines, pumps, tools, wells
6 and private water service connection, and shall estimate the
7 value of all such property to determine the whole amount the City
8 has invested in its water system; and shall enter said inventory,
9 together with such estimates, in a record book to be kept by said
10 Commission, and shall therein keep a record of all property
11 belonging to the water service for the City, afterwards acquired,
12 together with a record and account of the disposition of any
13 property of said department which has been, or may be sold, lost,
14 destroyed or worn out.
15
Section 163. Powers.
The Board of Water Commissioners is
16 hereby authorized and empowered:
17
1.
To establish and collect all water rates, collect all
18 rentals from water bearing lands and generally regulate, control,
19 manage, renew, repair and extend the entire water system of the
20 City;
21
2.
To employ such persons as the necessities of the water
22 service may require, to fix and payout of the Water Fund the
23 compensation of any and all employees in said water service and
24 to require of any employee in the Water Department an adequate
25 bond for the faithful performance of his duties;
26
3.
Upon the order of and in the manner directed by the
27 Mayor and Common Council to generally regulate, control, manage,
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2 renew, repair and extend the City waste water treatment (sewage
3 disposal) plants and that portion of the outfall sewer lines
4 extending from Mill and "E" streets to said plants, and if so
5 ordered by the Mayor and Common Council to pay all costs and
6 expenses in connection therewith from the Water Fund;
7
4.
To incur any indebtedness or liability not exceeding
8 in any year the income and revenue provided for such year,
9 subject to the debt limitation provisions of the Constitution of
10 the State of California;
11
5.
To make rules and regulations governing the conduct of
12 said Board and the members thereof.
13
Section 164. Sale and use of water. The Board shall have
14 power to control and order the expenditure of all money received
15 from sale or use of water, except as provided in Section 146. fer
16 -e 1\ e- -de f ~i-ft!J-~ - e-K-pe-ftse-e- -er-1'lttt':kft<t-enenee- -eftd- _epai fl!I--eft!!
17 epera-ei,eft-e~--ehe-wa-eer-sys-eemr-afte-fer-afty-e2peft&es-fer_aee:k-ei,eftS
18 -ee-tl\e-~-~-fer-s~ppiYiftg-~~~-W:k-eh-water-~~_aft8
19 al-l- -p~rpesest - flflW,ifl.ed.-.otftat:- -eH.--such- -money- -eb&l-l- -be ~i-~-:kft
20 -ehe-treas~ry-~-~~-bo---ehe-ere8it-~--e-~-eo--be-~_as
21 ~he-water-~-~-eb&l-l--ee-kept-5epare<te-~~ ~-e-eher
22 meftey!t-ef-<tfte-<<<by;-~-eb&l-l--eftl-y-ee-e~'lffl-~~-EImd_ltpeft
23 eemafl~~-eheft<t,i~-ey-~-si!JfI~-ef-~_Pres,i~_aft8
24 Seeretary- '6t'- -'4me- -Beare. r - er- -ifl- -'4me- -aeseftee - ef-~ Presidenoe-,--ey
25 -ehe-~~-eltres-~--ewe-~~--efte-seeretary-'6t'--'4me-_Beare,
26 elteefl'!;- ...oeft.l!t-e - tl\e- €~ -C-ounOO:-l- -Rlay r - ift- -i.ot-e- ~:torr,- _ft-eh~y
27 -eraftsfer-~-'4me--Wa-eer-F~ft8-~-'4me--Geftera~-F~ft8_~~_-ehaft
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2 -eeft -~ereeftt-~ -ie-%i-ef--t-he-~-of--t-he- watel!'-~a-l!'-~-eltP:k~
3 -efte-~peeee~ft~-meft-eft,-afte-eReep-e--efta-e--efte-Mayep-afte-eemmeft-eeltfte~i
4 llIal", - ift- ~-tle- -d-~,- -ffleft-eftl-l" -traftsfer- ~!FetlI- -t-he- ~~a 'be!."- -i"uOO---ee
5 -efte- ~p - Beftd- -~fte - '6fl- -enteltft t- -of- -llIeftey- -equei- ~ -ePle-wel-i'-eft
6 ~l-fl-~T-ei'--efte-a1lleltft-e-wft:keft-w:kl-l--beeellle-elte-afte-~al"abl:-e-eltP~~--efte
7 el:trreft't- -reap - ~~ -~ft-eere-s-t- -o-r- - ~f~'fiC-i-pit"}o, - ~ 4o-P - i ft.ot:-er as'll -aM
8 ~p:kfte:k~al-,-l:tpeft-aftl"-ep-al-l--elt-e9-eafte~ft~-Wa-eep-Wep~9-8efte9~
9 Section 165. Receipts and Disbursements of Water Funds.
10 Said Board shall cause to be kept in proper books provided
11 therefor, a complete and accurate account of all the receipts and
12 disbursements on account of said water system, and the same shall
13 be kept open to the inspection of the public at any and all
14 reasonable hours.
15
Section 166. Map of Water System and Service. Said Board
16 appointed hereunder shall within a reasonable time after their
17 appointment, cause to be made and drafted by a competent engineer
18 a suitable map showing the entire water system of the City: its
19 source of supply, reservoirs, mains, gates,'stop-off clocks, size
20 of pipe, hydrants and all individual water service connections,
21 said map to be the official map of the water system of the City.
22 And from time to time, as the water service of the City
23 increases, said Board shall cause to be made additional maps
24 showing in detail the increased water service of the City.
25 Section 167. Financial Condition of Water Department, etc.
26
Not less than thirty (30) days, nor more than forty (40)
27 days, prior to the fixing of the general tax levy by the Common
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2 Council, and at any other time when required by the Common
3 Council, said Board shall make and file with the Clerk of said
4 Common Council a report, showing a full detailed statement of the
5 financial condition of the Water Department, together with an
6 estimate of the needs and requirements of said department for the
7 ensuing year and the costs thereof. And whenever required by the
8 Common Council, said Board shall make and file with the Clerk of
9 said Common Council, a full and detailed statement of all
10 property of whatsoever nature or kind belonging to said Water
11 Department.
12
Section 168.
City Clerk ex-officio Secretary.
The City
13 Clerk shall be ex-officio Secretary of said Board, and shall keep
14 a record of the proceedings thereof: and shall, whenever required
15 so to do, certify such proceedings under his or her hand, the
16 same to be authenticated by seal, if a seal is adopted and
17 provided by said Board for that purpose.
18
Section 169. Meetings. The Board shall hold regular stated
19 meetings at the City Hall at least twice in each month, and as
20 often as the necessities of the Water Department require.
21
Section 170. Compensation of Members. The members of said
22 Board shall each receive a salary as compensation for his
23 services, payable out of the Water Fund of the City, as follows:
24 The President, three hundred dollars ($300.00) a year, and each
25 of the other members, one hundred fifty dollars ($150.00) a year.
26
Section 171. Ordinance to Enforce Rules. It shall be the
27 duty of the Mayor and Common Council to pass such ordinances as
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2 may be necessary to enforce the rules and regulations of said
3 Board of Water Commissioners.
4
5
6
Article X
7
Police and Fire Departments
8
9
Section 180. Powers of Mayor and Common Council.
The
10 pOlice and fire departments shall be under the control and
11 management of the Mayor and COmmon Council who shall have power
12 F%RS~~-to fix and prescribe the salaries, qualifications, duties,
13 rank, badges of office and uniforms of the officers, members and
14 employees of said departments; to prescribe rules and regulations
15 for the government and discipline of the same, and to prescribe
16 and enforce penalties for violations thereof; subject to the
17 Civil ~ervice proviSions of this Charter.
18 SSS9N9 ~ - 'i'e- -hear- -end- -ltttltllllltr;U.Y' - E1e4!;e_il'le- ti-,i- -comp-~-ei
19 m~lteeftEl~~,-il'leiiieiel'leY-~~~~~-eE-~~~es_~~~-eha~es
20 ~lt~ftlt~-aI'lY-&fiiee~-1IlElIIIbM--~~~_;kd-~ar~;_ltftEl
21 ~e-~~-lt~eh-~~ft-4!;he~eel'l-~~~~-ee-mes4!;_~~~_~he
22 mltil'l~~-aI'lEl-~~~-ltftEl-eiiieiel'leY-~~-ee~ar~ft~lt7
23 lt~eiee~-4!;e-~~~~-lteJ!'Y~e-~~evisieI'lS-&f-~~~~~r_~_lt%~
24 ~l'lve1!l<<~~fts 7-~--e-J!'~a~1!l--ooft<!~e4!;eEl- -by--~hem7--bbey-~~~-hlt\Oe
25 pewer-~-~ltlt~e-lt~epeeftalt-Eer-~he-lt~~eftElltftee-eE-w~~ftesltes,_ltl'lEl_~he
26 ~reEl~e<<-on--ei-~-end--Elee_eft~lt -eeie~e-~~-lt~e~ftlts
27 shlt%%-ee-M~-by-~-Mayer,-er-e'tfte~_ presi-di"flg-~-M--~he
28
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2 eetlfte'!!.-i,-_ftlil-~-es-~~~-l-_;--ift_ case ~-!ttt1!tpeeftltS
3 ~rem-~-Stlpe~~-eetlr~,-~-t~~~P~~~~lt~e-e~-~~~_a
4 ett1!tpeeftlt-1!ty-~~~-eftltl-l--ee-~~-~~-~~_~lt~l-ttPe7
5 er-Pe~tt!tltl--~-lt~~eftlil-lt!t-r~tt~Pelil-1!ty-etteft-ett1!tpeeftlt!t;--~he_per!teft;-er
6 pereefte;--Se-M~ef'ltl.4.f'l1l'-'Sb6.,H.-~~-'llo--ene- same "1:'eftlt">>~-ltftlil
7 ptlftis~-ey-~-eetlf'le'!!.-i-_e-e~~pe!ter~1!telil-1!tY--i~~_l-~~e
8 e~ i eft5-eS- -i-ft - S1tpeS!'iO!."- -eettr~e... - -"'i'he-~,- -er - efty-1lIeIIlbe!:'- ~-~fte
9 eettfte~l-;-~lty-ltlilm~ft~e~er-elt~ft!t;--er-lt~~~rmlt~~fte;--i-ft-~he-ee!l:liltte~-ei
10 etteh-~ftYee~~lt~~fteT
11 'PHI RB-i-~-meiftteift--e-~~-ltl-ltrm-eftEl-1)&.H.~.-ee.~,_-er
12 ~e:i:e~-~~ltft~e;--er-~--ene--elt1lle;--eftEl--bo-~_1;fte
13 ettper~ft~ftlileft~-theree~-~~-~~lt!l:!l:er-es-~~~_~he
14 pel-~-ltfte-~~re-liIepltP~meft~eT
15
Section 181. Police Department - Membership.
The Police
16 Department.sha11 consist of a Chief of POlice, and such other
17 pOlice officers ltfte-ether-~~~en and employees as the Mayor
18 and Common Council may from time to time determine.
19
Section 182. Chief of Police - Duties.
The Mayor shall
20 appoint a Chief of Police, subject to the approval of the Common
21
Council.
The Chief of Police shall have the powers and duties
22 that are now or that may hereafter be conferred upon chiefs of
23 pOlice by the laws of the State, and such powers and duties shall
24 in all respects be promptly executed by pOlice officers and
25
authorized personnel in the Police Department.
The Chief of
26 Police shall enforce the laws of the State and the Ordinances of
27 said City, and shall arrest all persons guilty of violations of
28
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2 the same. He shall also have charge of the City prison, if one
3 is in existence, of all prisoners and of all those who are
4 sentenced to labor upon the public streets, public works or other
5 places of said City and shall execute and enforce all orders and
6 sentences in reference thereto; and shall perform such other
7 duties as may be prescribed by the Mayor and Common Council.
8
Section 183. Fire Department - Membership.
The Fire
9 Department shall consist of a Fire Chief S~~fteer and as many
10 assistants, er~Yers, fteeemeft fire fighters and other employees as
11 the Mayor and Council may determine.
12 Section 184. Supervision of Mayor and Council over Funds,
13 etc. Said Mayor and Common Council shall supervise and possess
14 power and authority over all the funds, moneys and appropriations
15 for the use of the Police and Fire Department~, also the
16 organization, government and discipline of said departments, and
17 shall have control of all the property and equipments belonging
18 to the same.
19
Section 185. Power to make Rules and Regulations.
Said
20 Mayor and Common Council shall have power to make all necessary
21 rules and regulations to carry into execution and effect the
22 foregoing powers contained in this Article, and in general to
23 manage and control said departments.
24
Section 186. Salaries. There is hereby established for the
25 City of San Bernardino a basic standard for fixing salaries,
26 classifications, and working conditions of the employees of the
27 Police and Fire Departments of the City of San Bernardino, and
28
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2 the Mayor and the Common Council in exercising the powers and
3 control over these departments vested in them by this Charter
4 shall hereafter be guided and limited by the following
5 provisions:
6 FIRST: Classification
7 The following classes of positions are hereby created in
8 the Fire Department and Police Department of the City of San
9 Bernardino, and the code numbers, titles, and salaries as
10 hereinafter set forth are hereby established and fixed for such
11
classes of positions.
The letter "P represents "Position" and
12 the five steps in Positions 1, 2 and 3 are being represented by
13 the letters "a", "b", "c", "d" and "e" are: "a" designating the
14 first six months of service in the respective departments, "b"
15 designating the following eighteen months of service in the
16 respective departments, "c" designating the third year of service
17 in the respective departments, "d" designating the fourth year
18 of service in the respective departments, and "e" designating the
19
fifth and all subsequent years of service.
Advancements in
20 salary shall be made automatically step by step after each step
21 of aggregate active service in the department in which the member
22
is employed.
Each person employed in the Fire Department and
23 Police Department shall be entitled to receive for his services
24 in his position the applicable respective rate or rates of
25 compensation prescribed for the class in which his position is
26 allocated. Additional titles may be established by the Mayor and
27 Common Council, but only titles for Local Safety members of the
28
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2 Police and Fire Departments shall be placed in one of the
1
-
3 following classifications having the most nearly equal duties and
o
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responsibilities.
Local Safety members of the Police and Fire
8 Government Code or amendments thereto.
9 Class of Position
10 Title
11
12
Classification
Number
Fire Department
1
5 Departments shall mean any local pOliceman or local r*remeft
6 firefiqhters as defined under the provisions of the Public
7 Employees Retirement System Law as specified in the California
15
16
17
18
19
20
21
22
23
24
25
26
27
28
13
Pl (Steps a,b,c,
d,e)
F~remeft Firefighters,
Battalion Chief Aide
14
P2 (Steps a,b,c,
d,e)
F~_-P_".eft-e*eft
l-ft8pee~rl!l Fire
Investiqators-
P3 (Steps a,b,c,
d,e)
Engineers
P4
eap-ea~ft8,-A88~8-eaftt
F~_-PreYeft-e*eft
B~~fteer Captain
P5
Battalion Chiefs,
9r~~~~as-eer,-F~re
p_yeft-e*eft-B~~fteer
P6
A88~s-eaftt Deputy Chief
P7
Chief
SECOND: Basic Salary Schedule
Police Department
Pa-erel:1ltaft,
Pel,!eewelftaft
Police Officer
Juvenile Officer,
Detective, Senior
Identification
Inspector
Sergeants
Lieutenants
Captains,
Superintendent of
Records and
Identification
Assistant Chief
Chief
(a) The monthly salaries of Local Safety members of the
San Bernardino Police and Fire Departments included in
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2 classifications PI, P2, P3 steps "a" and "E" of P4, P5, P6 and P7
3 shall be fixed on August 1, 1976, for the balance of the current
4 fiscal year and, thereafter, annually on August 1 of each
5 succeeding year at the amount equal to the arithmetic average of
6 the monthly salaries, paid or approved for payment to Local
7 Safety members of like or most nearly comparable positions of the
8 pOlice and fire departments of ten cities of California with
9 populations of between 100,000 and 250,000 as shown in the latest
10 Annual Report of Financial Transactions of California Cities
11 published by the State Controller.
12
(b) The ten cities used for fixing the monthly salaries
13 shall be those ten cities remaining from an original and complete
14 list of all California cities in the 100,000 to 250,000
15 population range based on the latest Annual Report of Financial
16 Transactions of California Cities, published by the State
17 Controller after representatives of the City and the appropriate
18 recognized employee organization have alternately struck the
19 names of cities from the list one at a time until the names of
20 ten cities remain. The representatives to strike the first name
21 from the list shall be determined by lot.
22
(c) In the event one or more of the ten cities does not
23 have one or more of the comparable position classifications, the
24 monthly salary for the particular classification, shall be
25 computed as the arithmetic average of the next highest and next
26 lowest comparable position classification of that City.
27
28
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(d) The salaries paid in step "a" shall be the same as the
3 arithmetic average of the starting salaries of the comparable
4 posi tions in the ten cities and the salaries paid in step "e"
5 shall be the same as the average of the top salaries paid in the
6
comparable positions in the ten cities.
The salaries paid in
7 steps "b", "c" and "d" shall be fixed at amounts which will cause
8 the Local Safety members of the San Bernardino Police and Fire
9 Department to advance from the starting steps to the maximum pay
10 steps in approximately equal salary advances.
11 THIRD: Special Salary Provisions
12 The following special provisions shall apply in addition to
13 the compensation received in accordance with the above salary
14 positions:
15
(a) Police Department: Each police officer assigned to
16 traffic enforcement duties on a motorcycle shall be paid when
17 performing such duties during the period of assignment at the
18 rate of not less than fifty dollars per month in addition to the
20
19 pay step to which he is entitled as extra-hazard pay for
motorcycle duty.
The Police Chief shall certify monthly as to
21 the assignment and the period of time worked to validate
23
22 entitlement to the extra-hazard pay.
(b) Police and Fire Departments: Any Local Safety member
24 of the Fire and Policy Departments temporarily acting in a
25 posi tion in a higher rank during periods of absence of the
26 incumbent or during a vacancy in the position for more than ten
27 (10) consecutive working days or five consecutive shifts, shall
28
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2 receive the same salary for the higher rank to which he would be
3 entitled, were he promoted to that rank during the period in
4
which the employee is acting in the higher rank.
The Chief of
5 the department in which the assignment to the higher rank occurs
6 shall certify as to the assignment and the period of time worked
7 in the higher rank to validate entitlement to the salary of the
8 higher rank.
9
(c) Fire Department - Paramedics.
The Mayor and Common
10 Council may authorize additional salary to be paid to local
11 safety members of the Fire Department, assigned to duty as
12 paramedics, during the period of such assignment.
13
14
(d) Fire and Police Departments - Education/Longevity
Incentive Pay.
The Mayor and Common Council may authorize
15 additional salary to be paid to local safety members of the
16 Police Department and the Fire Department who have completed
17 educational or longevity requirements specified by the Mayor and
18 Common Council.
19
20
21
22
23
24
25
26
27
28
(e) Fire Department - Overtime pay.
(1) All employees (below rank of Battalion Chief)
assigned to average 56 hours per week assignment
shall be compensated at an hourly rate of time
and one-half (1 1/2) their regular hourly rate of
base pay, such compensation to be computed for
each one quarter (1/4) hour increment worked in
excess of their average 56 hour weekly
assignment.
DAB/ses/Charter.rev
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(2) All employees (below the rank of Battalion Chief)
3 working on a 40 hour per week assignment shall be
4 compensated at an hourly rate of time and one-
5 half (1 1/2) their regular hourly rate of base
6 pay, such compensation to be computed for each 30
7 minutes increment worked in excess of their
8 regular eight (8) hour per day assignment of
9 their 80 hours assignment during each pay period.
10 SIXTH: Definitions
11 The words and terms defined in this subsection shall have
12 the fOllowing meanings in this section:
(a) "Shift" means a 24-hour duty for the Fire Department,
14 except for the positions of Fire Chief, 1r!t!t~!t-eaftt Deputy Chief
15 and local safety members working in the Fire Prevention Bureau,
16 and such other local safety positions as may hereafter be granted
17 a forty (40) hour average work week by resolution of the Common
18 Council.
19
20
21
22
23
24
Article XI
School Districts
Section 190. Definition.
The San Bernardino City Unified
25 School District, as such term is used by this charter, shall mean
26 and include all of the public schools of said District.
27
28
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2
3
4
5
6
7
8
9
,
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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Board of Education
Section 191. Members.
The Board of Education of the San
Bernardino City Unified School District shall consist of seven
members who shall be residents of the Unified School District or
in the event trustee areas are established in said District, of
such trustee areas.
The Board of Education shall have all the
powers and duties now or hereafter prescribed by the Education
Code of the State of California for such board.
Board of Education: Term, Election
Section 192. Terms of office - Election.
The terms of
office and the election of the members of the Board of Education
shall be in accordance with and pursuant to the provisions of the
Education Code of the State of California relating to governing
boards of such school districts.
Vacancies
Section 193. How filled.
Vacancies in the office of
members of the Board of Education shall be filled by the
remaining members of the Board at the next regular meeting after
such vacancy occurs.
The member so appointed shall hold such
office for the unexpired term of his predecessor.
/
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2
Section 194. Meetings. The Board of Education shall enter
3 upon the discharge of their duties on the second Monday in May
4 after their election, and the Board shall meet upon said date and
5 organize by electing one of their number president and biennially
6 thereafter. They shall hold regular meetings at least once each
7 month at such place and time as may be designated by its rules.
8 Special meetings may be called by the President, or by any three
9
members.
No business shall be transacted at such special
10 meetings that has not been distinctly stated in the call. A
11 majority of the members shall constitute a quorum, but an
12 affirmative vote of three members shall be necessary to pass an
13 order. The sessions of the Board shall be public and its minutes
14 open to public inspection. The Board may determine the rules of
15 its proceedings and the ayes and noes shall be taken and recorded
16 when demanded, and they shall be taken and recorded on all
17 questions involving elections, or appointments, or the
18 expenditure of money.
19
Section 200. Filing of Claims. All claims payable out of
20 the School Fund shall be filed with the Secretary of the Board
21 and, before payment, shall be approved by said Board upon a call
22 of ayes and noes which shall be recorded
23
24
25
26
27
28
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Article XII
3
4
Free Public Library
5
6
Section 205. Trustees - Terms.
The Free Public Library
7 shall be under the management of a Board of five Trustees who
8 shall be appointed by the Mayor subject to the approval of the
9 Common Council; provided, that the ~~re~-Beare-e~-~r~s~ees-~fteer
10 ~ft~e-eftar~er-efta~~-~ake~~~~ee~ft-~fte-eeeefte-Meftea~~~~a~r_~~9S,
11 afte-~~~-a~-their-~~~~ee~~-ee-ei8ssi~y-~e81~~_be~
12 ~ ft e.-b- -~ hr-ee- -e~- -'l!-ftei~ -ft~llI~ -she.-i-i-"1JO - et!'b- ~~ - ~ - e.-b-~
13 e]fp~ra~~ft~~-~_-~arer-aM-~_-a~-~fte-e]fp~ra~~ft-e~_~ltr_~aret
14 e~fterw~ee-~fteir term of three of the Trustees shall commence on
15 the first Tuesday after the first Monday of June in 1993 and the
16 term of two of the Trustees shall commence on the first Tuesday
17
18
after the first Monday of June in 1991.
The term of office of
the Trustees shall be four years.
On the eeeefte-Meftde.y-~'ft--Mey
19 first Tuesday after the first Monday in June succeeding every
20 General Municipal Election, the Board shall organize by choosing
21
one of their number President.
They shall also elect some
22 suitable person as Secretary who shall act and hold office at the
24
23 pleasure of the Board.
Section 206. Trustees - No compensation. The position of
25 Trustees shall be one of honorary trust without salary, or
26 compensation, and all appointments made by them shall be made
27
28
without regard to pOlitics, and irrespective of sex.
Said
DAB/ses/Charter.rev
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2 Library Trustees shall not be less than twenty-five (25) years of
3 age, and must have been residents of said City at least five
4 years prior to their appointment.
5 Seet~~-~~r-~~-~e~~---~fte-Meyer-~~-ee~fte~i
6 eftei-i- -&tl--1!fte-~e1!-e-f'--1!fte- B~-er -~e-~ft-"1IIah~-1!fte
7 aAA~e-i-~~-ie~~--aft8-e~~ar1!-~,-~evy-e-~~~_efta~i
8 pr&d-uc-e --&--IlI i A,,:i:mUIlt -e~-ei--&tl- -iee'5-'b-~e-~ftl!l--d&.l:-l-e-rs
9 ~$~;G99rG9t-ier-~~~-er-Meiftteiftiftg-~~~~~_rer
10 p~reftae~ft~-bee~e,-je~rfta~e-aft8-per~8~ea~er
11
Section 208. Donations - Bequests.
If payment into the
12 treasury of money or property derived by donations or bequest
13 would be inconsistent with the conditions, terms of any such
14 donations, or bequest, said Board shall provide for the safety
15 and preservation of the same, and the application thereof to the
16 use of said Library in accordance with the terms and conditions
18
17 of such donation or bequest.
Section 209.
19 title to all property, real and personal, now owned or hereafter
Title to Real and Personal Property.
The
20 acquired by purchase, donation or bequest, or otherwise, for the
21 purpose, or use of said Library, when not inconsistent with the
22 terms of its acquisition, shall vest and be and remain in said
23 Ci ty. aftl!l-iA-'tfte-'fiMle-~_~-G~1!Y'-MeY-l!le--st!ed--fl>r-~_de~eudal!
24 eY'-ae1!~ft-a1!-~aw,-er-e1!fterw~eer
25
Section 210. Meetings. The Board shall meet at least once
26 each month and a majority shall constitute a quorum for the
27 transaction of business, but a less number may adjourn from time
28
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2
to time.
It shall elect a Librarian and such assistants as may
3
be necessary.
The Secretary shall keep a full account of all
4 property, money, receipts and expenditures and a record of all
5 its proceedings. The Secretary must serve without compensation.
6
Section 211. Powers of Board. The Board shall have power:
7 FIRST: To make and enforce all rules, regulations and by-
8 laws necessary for the administration, government, and protection
9 of said Library and all property belonging thereto, or that may
10 be loaned thereto.
11 SECOND: To administer any trust declared, or created for
12 such Library and reading rooms;
13 THIRD: To define the powers and prescribe the duties of all
14 officers, to determine the number of, and elect all necessary
15 subordinate officers and assistants, and at their pleasure to
16 remove any such officer or assistant, subject to the civil
17 service provisions of this Charter.
18 FOURTH: To purchase necessary books, journals, publications
19 and other personal property;
20 FIFTH: To fix salaries of the Librarian and assistants, and
21 other employees; to rent and equip such building or buildings,
22 room or rooms as may be necessary for such Library or reading
23 rooms;
24 SIXTH: To allow non-residents to borrow books upon such
25 conditions as the Board may prescribe;
26 SEVENTH: To provide memorial tablets and niches or other
27 means to perpetuate the memory of any person who makes donations
28
DAB/ses/Charter.rev
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68
19
20
21
22
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2 or bequests to the Public Library;
3 EIGHTH: To do all that may be necessary to carry into
4 effect the provisions of this Charter with reference to said
5 Library and reading rooms.
6
Section 212. Reports.
Said Board on or before the third
7 Monday in July of each year, shall make a report to the Mayor and
8 Common Council giving the condition of its trust, with full
9 statement of all property and money received, whence derived, how
10 used and expended, the number of books, journals and other
11 publications on hand, the number added by purchase, give or
12 otherwise, during the next preceding fiscal year, the number lost
13 or missing, the number and character of those loaned, and such
14 other statistics, information and suggestions as may be of
15 general interest, and also a financial report showing all
16 receipts and disbursements, with particulars thereof, and the
17 names of all employees and the salaries paid to each.
18
1rl!'-ei-e}.e-Ji~~-A
Pl!tl!'~-aftd-Reerel!t-ei-eft-eelllllli:e8i-eft
23 Seet~en--2-}.~"-~---~-<n--e~~i-ee"__~~_here"y
24 erea-eee -8- l' ar~ -end- -Reerea-ei-eft - e:ellllll~ss~eft-~19'M~ -of- ...-..iRe- -~9~
25 memeel!'e-wheee--eerme-e~-e~~i:ee-eha}'}'-"e-~~l!'-yel!tl!'eT
26 Seet~en--2-}'4 ..-:A~.---r:aeft--c~-i.1IIen--eb&l-l--appei:ftt
27 efte-~~8i:efte~~8e-~~-eftaii-~i:ftei:ae-~~_tfte~_-<n-_-efte
28
DAB/Ses/Charter.rev
September 13, 1990
69
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2 aJ:l~~ !i:ft-g--ee\:1-nc-~rIll81'l.--end -~fl.-e- -M&Y'er--shft.~r -e~-~W&-+2--t
3 eellllll,!. 5M~ - -one- -er -whelll- .sbe-:H.--i:n4<ll:ie-H-y- -have - 8- -tlw& +~)- -year
4 ~erlll-~~~~~-~he-~erlll-~~~a:rer-8I'l.e-~~_ehari
5 have-a-re~P-r4~-Y'eap-~erlll-eemmel'l.e~~-eI'l.-~he-8eeel'l.a~l'l.eaY'-er-MaY',
6 1-9&9..--'I'fl.eree~<t;ef;- 88Cb-oMeyor--end- eaCh~..-C~~1fIteft-,-""UpI3ft-a88_~1'l!J
7 err~e,-8harr-aJ:lpe~I'l.~-el'l.e-mellleep-~-~he-eemm~88iel'l.-rep_a_re~p_r4-t
8 Y'ear-~erlll"'--MY-_ee.~~~~-eny- reason--sfte.~~-ee.-r~rree
9 ~1'l.-~he-eallle-mal'l.l'l.ep-a8-~he-er~~ftar-aJ:lpe~I'l.~llIel'l.~...
10 See~~I'l.-2-1-S..-Relllevar-rrem-err~ee..--eemm~ee~l'l.ere-eharr_here
11 erfie-e-~p-8-~-ef-~-r4~Y'eap8-8I'l.a-~~-~_8~eee8eer5
12 have - eeeft- e~ft<t;ea- -end- -qu&i.,t-<<.~.- - -C-ct1lll\-issiOflei!'9- -sfte.~~ _PV'e -at
13 ~he-'P'i_pe-~~-eIlPos"fril-!~-oH~-al'l.e-e.I'l.Y-1lleIIlbM>-~_8aM
14 par~-eftd-Reeree~ieft-€emmi~~,!.eft-me~~~~-eny-~~~_~he
15 ar f i r~ -v&t-e- -er - ~.s..Ye- - r 5-t - -ooufte ~ illleft-; - -ltl'l.e - -upon- -efty-_h
16 pelltOYe-r,--'bfte-~l'l.ey--shft.B"-ee--+i-rree-~-efer8said -f~~
17 ~l'l.e]fJ:l~pea-~rIlI...
18 See~'!'1!)f)- -2-1-&.. - Ne- -EloI\lpeflsat,!.1!)f)- - ~ee~~~e ..-- .lJ1be-~-ef
19 ~ h-e--p~ -1!tf1'd- - R~ e <t;.,t-()fto -€-()t\tfIt~ SM-()fto-~r i--e-e-rve- -w 2: <t;-bou-~
20 eeIllPeftsat-!~---~ee~a~rY'-8fter-~~-end-~~ar~r~a~~ft,
21 ee'!'-d--ee~l!t2:1!)f)--8he~-i--er!:l'eft'!''Ze--&Y'-ti~~_~~_8Il1eft~~S
22 llIe1l1eerl!th~p-a-eha~rlllaft-al'l.a-a-Seere~arY'..--Reg~rar-mee~~~l!t_8harr-ee
23 here-a~-rea8~-el'l.ee-a-mel'l.~h...
24 See~'!'1!)f)--2-1-~"-~--'---'Phe-P8rk--end- Reorea1l~.. OOllllll~88ieft
25 eharri"
26
ra-t "'et-.,t-n--al'l.-e-dvi9()Py-e~-~e--tme-_Hey~"'8ftd
27 ee_I'l.-ee~I'l.e~r-~I'l.-arr-ma~~pe-pep~a~I'l.~~-~-pap~e,_reePea~~I'l._al'l.d
28
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v
1
2 ~&pltwaY'!t..
3
fob, Geft'S'i-d-e p- -tlfte - -enft1:t a -i - -b-1:t a~'9't!- -e i - -t-he- - Park--efta
4 Reepe&~~~-Be~artMeftt-~~~-~Peee!t!t-ei_~~~~_&~a
5 mak~-peeeM~~fte-~~-pee~-~^er~-~e-~_MaY~-eftd
6 eemme~ -Ge1:t~e:H...
7
foe1 Pepfe_ -!t1:teft -e~ftep -ti1:t~;kel!t -&!t -IIt&Y' -be -~Pe!tep;k8ed -by
8 epe;k~&ftee-fte~-;kfteeft!t;k!t~eft~~;k~ft-~fte-pPeY;k!t~ft-eE-~ft;k!t-eft&P~er
9 Se et,tet1- -;1.1.9.. - -APIle8l-~ -Ge1:tfte;k 1-.. - - -Irny- ~ -ti;k!tea~;kl!tE;ked
10 w;kt^-~~~-eE-r1:ti~ft~-~~~-paplt-€eMM~e8ieft_~ appeal-~
11 ~fte- -EJommon. -Ge1:tfte;k 1-, - 8ft8- -s&.I.-d- -C-ounc!l:-l- -bY' - eft-~~~~~-ei
12 E;kYe-foS*-membepl!t-m&Y'-PeYep!te-ep-lltee;kEY'-ea;ke-tiee;k!t;keft-ep_P1:t1-;k~"
13
14
Article XIII
15
16
CIVIL SERVICE
17
18
Section 246. Civil Service Board - Appointment.
A Civil
19 Service Board is hereby created which shall consist of five
20 members who shall be qualified electors of the City and
21
appointed as hereinafter provided.
'Phe - th!l!"ee-1\lElIIIbent-.,t-n- ~
22 eft-~fte-E;kPl!t~~fteaY'-;kft~aY',-1-9S9,-l!tfta1-1--eeft~;kft1:te_~_eePYe_fep_~he
23 pem&;kftdep-eE-~fte;kp-Peepee~;kYe-~_!t..--eft-~1:tl-y-1-,_1-9S&,-ep_ae_eeeft
24 ~he!l!"e~-aS-~-ehert~~eft8m~~eeMe~~Eeet~v~_~
25 Mayer,-~;k~^-t~-eefte~-aft8-~Yai-~-~he--C~e~i7_~l-i
26 a~pe;k~~-efte-MeMeer-te-ee~e-~~-~~~~~,_1-9S97
27 aftd-~fte-~-se~-1:tftt~-i-~-i,t~-Meftd~~~E-~,_1-96-i,_-efta
28
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2 -efte~e~,- -1!ly- ~1!-~eft- -:!:fl- -1!-he - .f'O:i~~ftg -1I\'ElflftM'1-.JPwo. -fllent1!leps
3 ftftal-l- -1!le- eflf)Mft'tee- o()fl- -'Che- -i-~1!- -Mefteay -ei - Mey, - -i%9;--llwo- -<m---ehe
4 ~~Pft-e-Heft8ey-~~,-l-S&l-T-eft8-~~--efte-ii~S~-~~-May,
5 l-S&3 T -eaeh - ie~- e- 'teflll- M- -s-i*" -YSS!I:'S-.- --on- -eAe- -~i-Pft1!- -Mefteay -e~-May,
6 l-S&ST-afte-eYepy-eee-ft~m1!lepee-yeap--eftepea~-ee~, On the first Monday
7 of June in each odd numbered year, the Mayor with the consent and
8 approval of the Council, shall appoint the same number of members
9 of the Civil Service Board for a term of six years as the number
10 of members whose term of office expires at that time, who shall
11 take office the first Monday of Hay June of said year, or as soon
12
thereafter as appointed and qualified.
The term of one member
13 shall commence in 1991, two members in 1993 and two members in
14 1995, and said terms shall continue thereafter in like manner.
15 Any appointment following a death, resignation or other vacancy
16 shall be for the unexpired term. Members of the Board shall not
17 hold any other public office.
18 Section 247. Civil Service Board to Organize aM-AJ:lJ:leiftt
19 Seepe-eaPy. Immediately after appointment and qualification, the
20 Board shall organize by electing one of its members Chairman.
21 'Pfte- ~ -sbe-:H- -aJ:lpe~ft-e - e- -cM-et'- Elnal1l~ -whe -sfte~ ~ - ti-s& -eooe--as
22 Seepe-eaPyo -ei -'the- Be6nh- -"'!'he- -Boerd- -mey- ~:l:n-1!- -ft\teft -sl:t1!lePli~fta-ees
23 as --efts -G~-ey -Ge~fte~l--fllay, -1!ly -epe~fta_ T -J:lpe_p~1!le...
24 Section 248. Classified and Unclassified Civil Service.
25 The e~Y~l--Sepy~ee employees of the City of San Bernardino ~s ~
26 hereby divided into the unclassified and the classified service:
27
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(1) The unclassified service shall include:
3
(a) All officers elected by the people;
(b) All officers appointed for a definite term;
(c) All deputies and assistants of elective officers
4
5
6 who hold office a~p~ftg at the pleasure of such elective officers;
7
(d) The heads of departments, and the heads of
8 divisions of departments and members of all appointive boards,
9 provided that for the purposes of this subsection divisions of
10 departments shall be formally established by the Mayor and
11 Council by resolution;
12
(e) One secretary for each department, when such
13 position is designated unclassified by the Mayor and Common
14 Council;
15
(f) Such other management employees as are designated
16 by the Mayor and Common Council by resolution;
17
(2) The classified service shall comprise all positions
18 not specifically designated ~ftei~eee in this Charter in the
19 unclassified service. ~hepe-eha%%-ee-~ft-~fte-~~~~~~~
20 ~fte-~~~ftg-~ree-eiesseB,-~e-~~ftewft-~-~he_~~~~
22
21 e~aBB,-~he-~fteempe~~~~Ye-e~aBB-afte-~he-%abep-e%aBe:
23 afte -emp}.eJ'l1left~ -rep -Wft:keft -~~-~B -ppae~:keae}.e -~ -I!!e~ePm~_ -~he"'1llep~t
~a~ ~he-eempe~~~~ye-e~aeB-Bha~~-~fte%~e-a%~-peB~~~ftS
24 afte-~~~fteBB-e~-app%~eaft~B-ey-eempe~~~~ye-e~am~fta~~fte.
25
~e~ ~fte-~pet~~~~-e%8es-~~%-~~~_~~~i
26 peB~~~ftB-rel!J:lI.~r~ftg-f)ee~.U.ef-"8ftd- enoepMot.a1 ~~H~~~f.-8
27 Be~eft~~~:ke,"'1IIaft~ep~a~,-pPe~eBB~fta~-ep-ee~a~~fta~-ehapae~p,-er
28
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2 may-be-ee~erm~ftee-by-~fte-r~%e8-er-~fte-Bear6.
3
~1 ~fte-%8eer-e~e88-~~-~~~~rd~-~ft8~~~~e6
4 ~aeer.
5
Section 249. Veterans I Preference.
In any open
6 examinationL aem~ft~e~eree-by-~fte-e~Y~~-SerY~-Beare-er-~~e-Beare
7 er-S~ee~a~-EJfaltl~fter8-er-eft~er-EJf_~_r, any person who has served
8 in the regular armed forces of the United States of America in
9 time of war and who has been honorably placed on inactive status
10 or has been honorably discharged from such service shall receive
11 a bonus of five (5) grade points which will be added to the final
12 examination grade of said person who has obtained a passing grade
13 for such examination. An additional five (5) ~raee points shall
14 be added to the final examination grade of such person who
15 qualified for the initial five (5) grade points for veteran
16 preference and who have a service-connected disability rated at
17 not less than ten percent (10%) e~ ~ an authorized agency of the
18 federal government. In any such open examination, ten (10) grade
19 points shall be added to the final eJl!81t1~~ grade of any
20 successful applicant who is a wife of any such United States
21 veteran honorably discharged from the service who, while in
22 service in time of war, was disabled or crippled, thereby being
23 permanently prevented from engaging in a remunerative occupation;
24 or who is the widow of any such veteran who died or was killed in
25 such service and who has not remarried. The Civil Service Board
26 shall def ine ~fte-"1"ft88-e--II.!ft-~-M--w-a-rll.-"5:n--~~5-~J:.es.-eftd.
27 re~~~ek~~-afte-5~eft-~~~~~~~-~fte~~ee-e8eft-~~_afty
28
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2 ealll'paigtr-~I'1'1f-&.l~-~fte-~~:i:tee-~&~el!J-~-wft;i~~fte_~3:
3 \Jt3ver1'tilleft~-e3:3:ewl!J-'Ve't~ ~ service in time of war in
4 its rules and regulations so as to include all service for which
5
the federal government allows veterans' preference.
The Bonus
6 granted under this section shall not apply to promotions or
7 promotional examinations.
8
Section 250.
Codes of Rules and Regulations.
The Ci vi!
9 Service Board, subject to the approval of the Mayor and Council,
10 shall adopt, amend and enforce a code of rules and regulations,
11 providing for appointments and employments in all positions in
12 the classified service, based on merit, efficiency, character and
13 industry, which shall have the force and effect of law; shall
14 make investigations concerning the enforcement and effect e~-~ft:i:l!J
15 ar~:i:e~e-aftd of the rules adopted.
16
Section 251. Examinations.
'Phe- ensll\'l:fter-$slil:--appreYe
17 Examinations for all positions in the classified service shall be
18 conducted in accordance with all regulations of the Civil Service
19
Board.
a~e-l!Jfte3:3:-IIIEl;iI'1~El~1'1 ~ists of eligibles e~-eseh-e~ElElEl-~
21
20 sery;iee--o-~-th_ meeting the requirements of said regulations
22
shall be maintained.
All positions in the classified service
shall be filled from such eligible list~.
:fft-~~-El'\:Hlh
23 ap~:i:~~llIeft~,. -prefereftee- ElhEl~ ~- -be-1j'!-ven- -tlo- -bone--E-Me- -l!'e&.i:dewe&-ef
24 ~he-~~~~~-Saft-Berl'1erdi~e-~~-Bee~-l!J~eft_~~~_at
25 ~eas~-efte-yee~_<t-~flg--bhe--de'tle-~~M--~iD~llIen1!-,._aM
26 whe - ere, - Elf'l- 'Sfl-!:a- -d&t:-e; - -quei~-<<'-ed- ~l~ ~ -se-M -Gj,-~"'-s1:te,;.ee~,
27 hewey~--tlo--~he-prefereftee-~~~-:i:ft-Seetieft_~~~_~h:i:l!J
28
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2 eftar~er. A8-pe8~~~ft8-are-E~~~e9r-~fte-e~am~fter-8fta~~-eer~~rr_~fte
3 Eae~-By-~epe~-~preeori~ Notification of the proper filling
4 of all vacant positions in the classified service shall be
5 certified in written form to the City Treasurer and the heads of
6 the department~ in which ~he such yaeaftey positions exist8.
7
Section 252. Promotion to Positions.
The Civil Service
8 Board shall provide for promotion to all positions in the
9 classified service, based on records of merit, efficiency,
10 character, conduct and seniority.
11
Section 253. 9fte--~ar Probation.
An appointment or
12 promotion shall not be deemed complete until an applicable periOd
13 of probation eE-fte~-m~~~year has elapsed, which shall
14 not exceed one year for promotional probation. The probationer
15 may be discharged or reduced at any time within said period ~peft
16 reeem~~ft-e4 ~ the head of the department in which said
17 probationer is employed. w~~h-~he-~e.al-~~4fta~r~-ef-~he
18
e~V~~-~~ee-Bo&re.
Periods of probation shall be fixed by
19 resolution of the Mayor and Common Council and procedures for and
20 effective dates of discharges and reductions shall be adopted by
21
the Civil Service Board in its rules and regulations.
The
22 dismissal of a prObationary employee who is on probation due to a
23 promotion from a permanent position is subject to the right of
24 appeal to the Civil Service Board, provided that an employee may
25 be suspended without pay pending the Board's determination of the
26
appeal.
The Board, in its discretion, and conSidering all
27 factors, shall have power to reinstate the employee to his or her
28
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2 previous permanent position, but shall have no power with regard
3 to the dismissal from the probationary position.
4
Section 254. Discharge or Reduction of Compensation.
No
5 employee in the classified service shall be discharged or reduced
6 in rank~ or in compensation until he or she has been presented
7 with reasons for such discharge or reduction in rank or
8 compensation specifically stated in writing, and has been given
9 an opportunity to be heard before the Board in his or her own
10 defenseL provided that an employee may be suspended without pay
11 pending the Board's determination of the appeal. The reason for
12 such discharge or reduction and any reply thereto by such
13 employee, shall be in writing and filed with the Civil Service
14
Board.
Verified written charges may be filed by any qualified
15 elector of the City of San Bernardino under such rules and
16 regulations as may be prescribed by the Civil Service Board. All
17 charges shall be heard and trials had under such rules as the
18 Civil Service may prescribe. PROVIDED, that the provisions of
19 this section are at all times subject to and subordinate to the
20 provisions of Section ~S6 53.
21
Section 255. Appeal of Suspension. Any employee of any
22 department in the City in the classified service who is
23 suspended, reduced in rank, or dismissed from a department by the
24 Head of the Department, may appeal from the decision of such
25 officer to the Civil Service Board and such Board shall define
26 the manner, time and place by which such appeal shall be heard
27 and determined by the Board or by a hearing officer designated by
28
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2 the Board, provided that all appeals of dismissals shall be heard
3 and determined by a hearing officer designated by the Board. The
4 judgment of e~eft the hearing officer or the board shall be final.
5 PR9V.,ri)EB 1!fte.~ '!.he provisions of this section are a1!-e.~~-<<_
6 subject and subordinate to the provisions of Section ~S6 53.
7 Seet~~-~r--pewe~-~~-1!e-8ismissT--~_appe~1!~ye
8 ef~-!-o-e-J!'-'Of--e~e-~-1!fte--c~-e~--&eft-B~J:.fte,_ eUDept
9 effie~_ppeift-t-ed--~r-_-de-z.~ftite-~;--e.ftd- eu~ -eep~1!~e,
10 aee~e1!aft1!e;--e~er~e;--emp~yeee;--aft8-a1!1!aehee-fte~~ftg-effJ:.ee_a1!_1!he
11 p~ae~re-ef-~~~-eff~eJ!';--me.Y-~~~~~~i88ed_~r
12 1!he-gee8-~~-eerY~e-eY-~~r-w~1!h-tfte-~se~~_1!we_
13 1!h~r88-f~f3~-ef-1!he-e~1!y-ee~fte~~T
14 see1!~ft-25~T-~<<~~-e~a88~f~-ServieeT--~~~_peJ!'eefts
15 ~ft--t~-&mpieY-~-1!fte-~-he~~ftg-pesitiefts--!~~-e~a88~z.J:.e8
16 8erv~ee;-_8- estleb-~Hhe8-eY--bbi_~r-a1!-tfte-<<_~_1!aes
17 e f ~~;- -1!I'he-~ i - ~1! e. ~~ -1! ft e--e-ame- -U-ftt~~- -d i seftes.aged;- - fltduced,
18 pre1lle1!el!-eJ!'-1!raft8feJ!'rel!-~ft-eeeer8aftee-herew~1!hT
19
Section 258. Payment of Salaries. The City Treasurer shall
20 not pay any salary or compensation for service to any person
21 holding a position in the classified service unless the payroll
22 or account for such salary or compensation shall bear the
23 certificate of the Civil Service Board, ey-~ts-See~, that
24 the persons named therein have been appointed or employed and are
25 performing a service in accordance with the provisions of this
26 Charter and of the rules established thereunder.
27
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Section 259. Investigations.
In any investigation
3 conducted by the Civil Service Board, ~t the Board shall have the
4 power to subpoena and require the attendance of witnesses and the
5 production thereby of books and papers pertinent to the
6 investigation, and to administer oaths to such witnesses.
7
Section 260. Penalties fixed by Civil Service Board. The
8 Civil Service Board, subject to the approval of the Mayor and
9 Council, shall determine the penalties for the violation of the
10 Civil Service provisions of this charter; such penalties, when
11 fixed by ordinance by the Mayor and Council, may be changed from
12 time to time as required.
13
14
15
16
17
18
Article XIV
Miscellaneous
Section ~2GT 270. Fiscal Year. The fiscal year of the City
19 of San Bernardino shall begin on the first day of July and end on
20 the last day of June of each year.
21
Section ~~~T 271. City Defined. The word .City. wherever
22 it occurs in this Charter, unless it expressly appears otherwise,
23 means the City of San Bernardino.
24 Section ~~~T 272. Oath of Office. Whenever oath of office
25 is mentioned in this Charter, it means the oath of office or
26 affirmation in form as prescribed by the Constitution of this
27 State.
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Section #2~~ 273. Ordinances in Force.
All laws,
3 ordinances and resolutions relating to the City of San
4 Bernardino, now in force and not inconsistent with this Charter,
5 shall be and remain in force after this Charter takes effect
6 until repealed or changed by the proper authority; and all
7 actions and proceedings in any court wherein said City is a
8 party, when this Charter takes effect, shall continue thereafter
9 with said City as a party until regularly disposed of.
10
See~~ft-##S~ Ree~r~~~fte-eft-eiiieers~ Ne-~ereeft-ftei~iag
11 a- ___loa roi -e1i-- M4! ~e-'1>-f.- -bh-.i:-e - ~:r7 -_he't~- ~ -e-i~~eft-'1>-r
12 a~~e4.~~r-sft-&:l-i.--fte],~--eny--e~fte~-oH-i-ee-~~fter7_~-er
13 _lo1:IIIIeft~ -tla~er- -the- -Go'\, e~ -ef. -~fte- ~M 'tee- -&betas, - -or-~-~h~s
14 s~a~er-e2eep~-~he-ef.f.~e-ef.-Ne~ary-p~b],~r-ee~r~-eemm~8e~fterr-er
15 aft - ~ - ia--'bhe- -Ha toieft8 1 -ell are, --Etftd- 8ftT--p&peea- ~-aft:r
16 8a i 8l1!"oi-ed--ef i i ee- '1>-f. - 'tM-s- -ei~:r, - ~r- ~-ng-- t\oi-s- ~-e.f-"'8111!l'ft
17 efiiee-;--efta]'i-~-e~-ho-l-d-eftT-~er-~_8s_~;!ta~7
18 eHeeP't--eft.a~-e.f-~ll:r:r-~J:-:i-e-r-€~-eelllll\4.1!t9i~r_~~_~fte
19 HIl:~iet'l'ti--e~ll:r~,--ebe-lo],-ee- deellle~--th&reb:r-'t&--ha. e -'V'~-~fte
20 ef.f.~ -heM -b:r-h:l:nt-~ft8er -~h~8 -e~~ -GeYerftllleft~ r -aMl-~fte -e_-ehaH
22
21 illlllle~~a~],y -beeeme -Y_aft~~
Section ##6y 275. Delivery of Property.
A11 Officers,
23 Board, and Commissioners sha11 each, on going out of office, turn
24 over and de1iver to their respective successors in office, all
25 books, papers, documents, records, archives and all other
26 property or things pertaining to their respective offices, boards
27 or departments, in their possession, or under their charge or
28
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2 control.
3
Section ~~~~ 276. Office hours.
The Common Council shall
4 provide by ordinance the hours that the several offices of the
5 City shall be kept open for the transaction of business.
6
Section ~~9~ 277. Deposit of Money. It shall be the duty
7 of every City officer, upon receiving into his or her hands money
8 belonging to the Municipality, to forthwith deposit .the same with
9 the City Treasurer, except where otherwise provided by this
10 Charter.
11
Section ~3e~ 278. Term of Office.
Every elective or
12 appointive officer of the City (other than Council persons) shall
13 hold office during the term prescribed by this Charter, and until
14 his or her successor is elected or appointed and qualified, and
15 every appointive officer or employee, except employees in the
16 classified service, whose term is not fixed, shall hold office
17 during the pleasure of the officer or board appointing him or
18 her, and when an appointment is made to fill a vacancy in an
19 unexpired term, the person appointed shall, if it be an
20 appointive office, hold for the unexpired term and if for an
21 elective office until a successor is chosen at the next
22 succeeding ~efte~e! City wide municipal election, at which time
23 the office shall be filled for the balance of the term. by-eft
24 e}.ee-e:kePl~
25
Section ~a4.... 279.
Reimbursement for Expenses.
'Phet
26 Elective officers shall be entitled to receive reimbursement from
27 funds budgeted for that purpose for their necessary expenses
28
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2 while engaged on Municipal business, including mileage ~ft-~fte
3 e~~~-ei-Seft-~fte, such expenses not to exceed the expenses
4 authorized for other City employees or officers.
5
Section 280
Public Employees Retirement
6
(a) The Mayor and Common Council shall, with all due
7 diligence, contract with the Board of Administration of the &~a~e
8 Public Employees Retirement System, and do all things necessary
9 to provide for the participation by the City of San Bernardino
10 and the employees thereof, in the &~e.~'8 Public Employees
11 Retirement System, with full credit being given to the employees
12 of said City for prior service rendered.
13
(b) ~fta~ ~ny contract so entered into by said Mayor
14 and Common Council with the Board of Administration of the &~a~e
15 Public Employees Retirement System shall only be terminated by an
16 ordinance adopted by a majority vote of the electorate of the
17 City of San Bernardino
18 &e-e~~ft-~3Sr~~a~~~~ea~~ft-e~-e~~~P8r-~he-e~~~-e~p~_afta
19 e~~~-~~ee.s~~e~-~~-~-8eeft-~~e.~iiied-~~~_re8~eft~S
20 e~-~fte-e~~~-~p-a-pep~a-e~-a~-~a8~-~ft~p~~-r39t-eeft8ee~~~ye-eays
21 pP~p-~e--bheS.~~~-e~-ii~ift!J-~..e.'leHo -noot:l:fteol!.ioft.-papeps
22 ~p-e~e~~ft-~-e~~~.,.
23 &ee~~pt-~3&r-Pewep-~-Re;tee~-B~8-apta-Re-MYep~~eer__1-pt_aH:
24 ease1!l--wbe-P'8-e~-s4.'flg--49--~~~rea-ie~-~-ed--propcsa:Ht-_~ftl!le~
25 &ee~~pt-1-49-e~-~ft~8-ehap~epr-~he -Ma~p-apte-C_ft-ee~pte~~r-ep-afty
26 eeapl!l-e~-~-cM'--fIIaJ[1-ng--8~eh-e.ave~~iseJl\eft~,_~~_~~_~
27 pej-ee~-apty-ep-a~~-8~e8-afte-re-aaYep~~ee-~pt-~he~p-e~eere~~pt.,.
28
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2 See-e:keft-li!49...-'i'e.k,ift~-~~~~-Pre1l81'-err-WhefteYer
3 ~-e - beoomsl!I -ft~ 89 9 8J."y - f ~-efte.- €,i-t? -ee. - teke- -<n' - demege- -p:I!'i-Ya-ee
4 p:l!'epe:l!'-eyo - fer- flt1~,ie- ttSe; - -bbe- -Meyor- -end- -C"OllllllOn- -Goufto-i-~~ -d~:Peet
5 preeeee~~l!t--ee-be--ealteft--efte:l!'efe:l!'-ttMe:l!'--e}te-p:l!'e'V'~l!t:keftl!t-e~--efte-eelie
6 e~-e~'V'~~-Preee~tt:l!'e-e~--e}t~l!I-S-ea-ee--ee-preett:l!'e--e}te-l!Iame...
7
Section ~4~... 281. Employment of Legal Counsel. The Mayor
8 and Common Council shall have power and authority to employ and
9 engage such legal counsel and services and other assistants, as
10 may be necessary and proper for the interest and benefit of the
11 City and the inhabitants thereof.
12 Section ~4li!... 282. Qualifications of City Employees and
13
appointment.
The Mayor and Common Council may prescribe the
14 number, qualification and compensation of the deputies, clerks,
15 assistants, employees and attaches of the City Attorney, City
16
Treasurer and City Clerk.
All deputies, clerks, assistants,
17 attaches and employees of the City Attorney, City Clerk and City
18 Treasurer shall be appointed by the respective officers with the
19 consent and approval of the Mayor and Common Council, and shall
20 hold office at the pleasure of the officers appointing them.
21
Section ~44... 283. When Charter takes effect. This Charter
22 shall take effect from and after its approval by the Legislature
24
23 of the State of California.
25
26
27
28
DAB/ses/Charter.rev
September 13, 1990
83
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CHARTER
of the City of San Bernardino
Recommended Revisions
by the Charter Revision Committee
Note: Throughout the Charter, wherever there is a
reference to a masculine noun or pronoun, a feminine or
neuter noun or pronoun has been inserted.
ARTICLE I
BOUNDARIES, RIGHTS AND LIABILITIES
Section 2. Boundaries
The word "jurisdiction" in the title was eliminated.
section was amended to read as follows: The boundaries of
City of San Bernardino shall be as established from time to
accordina to law. All other language was deleted.
This
the
time
Rationale: The boundaries set forth in the existing charter no
longer coincide with present city boundaries. To avoid such a
conflict in the future: (1) all references to specific
boundaries were removed; and (2) the phrase "established from
time to time according to law" was inserted. (Discussed at
meetings of 9/28/88 and 5/23/90)
Section 3. Time and Change of Boundaries
This title was amended to read as follows: Time and Change of
~ Boundaries. The last line which reads in part ".. . ninety
(90) days of any general municipal election", was changed to read
as follows:" ninety (90) days of any primarY municipal
election.
Rationale: The word "ward" was added to the title to make the
title of the section more specific. The word "general" was
changed to "primary" because of time frames necessary to conduct
an election. If a ward boundary were changed 90 days prior to a
general election, that change would take place only 30 days prior
to the preceding primary election. Nominations would have
closed. Polling places, ballot types, etc., would be in place
more than 30 days prior to the election and would be affected by
a boundary change. (Discussed on 9/28/88, 5/23/90 and 5/30/90)
Section 10. Primary and General Election
In the first sentence, the capital letter "P" in Primary on the
first line was changed to lower case. The following language was
3.dded to the beginning of the last sentence in paragraph one,
"Except as otherwise provided herein.
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Rationale: This phrase was added to indicate that there are
other provisions in the charter that relate to elections.
(Discussed on 9/28/88, 3/28/90 and 5/23/90)
Section 11. Election of Officers
Section lOA was changed to Section 11. The words: iudicial,
school or were deleted from the first sentence.
Rationale: This section number change, as well as other section
number changes throughout the document, were made by the City
Attorney's Office to provide continuity. The words "judicial and
school" were stricken in the document because the city does not
conduct their elections. (Discussed on 9/28/88 and 5/23/90)
Section 1lA. Compensation of Officers (Election)
This section was removed.
Rationale: This section was removed because
compensation of election officers by resolution.
9/28/88, 4/25/90 and 5/23/90)
Council sets
(Discussed on
Section 12. provision for Elections
Section 11 was changed to Section 12.
Rationale: Section number change only. (Discussed on 9/28/88
and 5/23/90)
Section 13. Approval and Filing of Bond
Section 12 was changed to Section 13. The last sentence in the
section was deleted.
Rationale: The last sentence was deleted because it is covered
in Section 20. (Discussed on 9/28/88 and 5/23/90)
Section 14A. Election of Council M..mhl>rs.
Section 13 was changed to Section 14A and the title was changed
to read: "Election of Council Members". In the text, 1977 was
changed to ~ and the period of 30 days was changed to 29 davs.
Rationale: Title was changed for clarification. "1977" was
changed to "1993" to update the Charter and to make the sequence
of elections easier to follow. Thirty (30) days was changed to
twenty-nine (29) days to conform to state law. (Discussed on
3/28/90, 4/25/90 and 5/23/90)
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Section 14B.
The title "First Election Officers and Terms" was eliminated.-
The existing Section 14 was changed to paragraph B under the
proposed Section 14, and the general election year was changed
from 1975 to ~. The thirty (30) consecutive days provision was
changed to read: twenty-nine (29) consecutive days. In the last
sentence "and a City Attorney, City Clerk and City Treasurer
elected at large who shall hold office" was deleted and "from and
after" was deleted and replaced with commencina on the first
Monday in June next succeeding their elections."
Rationale: Section number and letter were changed for
continuity. 1975 was changed to 1991 to update the Charter and
to make the sequence of elections easier to follow. Thirty days
was changed to 29 days to conform with state law. City
Attorney, Clerk and Treasurer were deleted as their elections
appear in section 15 B. (Discussed on 9/28/88, 10/12/88, 3/28/90
and 5/23/90)
Section lSA. Election of Mayor and Other City Officers
This section was added. In paragraph A of Section 15, the
general election year was changed to ~.
Paragraph B of Section 15 was also added to read as follows:
There shall be elected at larae at its aeneral election in 1991.
and everY fourth vear thereafter. a Citv Attornev. Citv Clerk and
City Treasurer who shall hold office for terms of four vears
commencina on the first Monday in June next succeeding their
elections.
Rationale: Provisions for City Attorney, City Clerk and City
Treasurer elections were moved from Section 14 to paragraph B of
Section 15 for clarity. (Discussed on 9/28/88, 4/25/90 and
5/23/90)
Section 16. Vacancy on Council
Section 14A was changed to Section li. In Section 16, paragraph
1, wherever the word Counc ilman appears, it was replaced with
Council Member and in the last sentence of paragraph 1, thirty
(30) days was changed to twentv-nine (29\ days. In paragraph 2
of Section 16, the following language was added to the first
sentence: who. shall. within thirtv (30) davs of said vacancv.
call a soecial election which shall be held as soon as oractical
but not later than six 16\ months from the date of said vacancv.
and said election . . .
Rationale: The phrase beginning: "who, shall, within thirty
days of said vacancy, call a special election..." was added to
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establish a time frame within which a vacancy must be placed on
the ballot. The existing section leaves the time frame open.
(Discussed on 9/28/88, 3/28/90 and 5/23/90)
Section 17. Vacancies - Leave of Absence
Section 15 was changed to Section ll. In the third line, the
phrase adiudqed insane was replaced by disaualified from votina
due to mental incompetency is." In the last line of this section
the phrase "refuses after notice from the Mavor and Common
Council" is replaced by the word "fails".
Rationale: The term "adjudged insane" was replaced with more
modern terminology. The term "refuses after notice from the
Mayor and Common Council" was replaced with the word "fails" in
order to make this provision more direct. (Discussed on 5/23/90)
Section 18. Leave of Absence
Section 16 was changed to Section 1a. On line 4, of Section 18,
the following words were added: active dutv with . . . Starting
on line 11, the following language was added: or olaced on
Reserve or National Guard status or any other non-active dutv
status, shall be reinstated without loss or aain. The word
"That" was deleted at the beginning of the last sentence.
Rationale: The reason for change is that an employee who returns
from military service may not have been discharged, but instead
may have been returned to Reserve or National Guard status.
"Gain" was inserted to prevent an employee who comes back from
years of service from beiny credited with those years of added
seniority. (Discussed on 9 28/88, 10/12/88, 3/28/90 and 5/23/90)
Section 22. Additional Bond - Vacancy
Section 23 was changed to Section 22.
Rationale: Section changed only.
(Discussed on 5/23/90)
Section 23. Salary of Hayor
Section 24 was changed to Section n. The last sentence was
deleted and was replaced with the following language: The salary
of the Mavor is herebv set at 5% above the salary of the Police
Chief. commencina on the first day of the month followina
aooroval of this charter by the State Legislature. Therefore.
whenever the Police Chief's salarv is adiusted in accordance with
Section 186 of this Charter. the MaYor's salary shall be adiusted
automaticallv to a level 5% above the Police Chief's new salary.
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Rationale: The mayor's salary has been $32,000 since 1974,
despite the fact that the cost of living has risen over 160%
during the past sixteen years. The salary for a full time mayor
should reflect the responsibility and scope of the position.
With rapid population growth occurring in our community, strong
mayoral leadership is more important than ever. The mayor must
be chosen from among the most talented and energetic of all San
Bernardino residents, not just from among those who can afford to
serve. The current salary serves as a financial obstacle which
may discourage some highly qualified individuals from public
service.
In order to rectify this situation and to assure strong mayoral
leadership into the future, the proposed charter revision
permanently sets the mayor's salary 5% above the salary of the
Police Chief. Since the Chief's salary is adjusted annually in
accordance with Section 186 of the Charter to reflect changes in
market conditions and cost of living, the proposed revision would
ensure that the mayor's salary remains sufficient as time passes
to attract the largest Possible0oo1 of highly qualified mayoral
candidates. (Discussed on 10/12 88, 10/26/88, 11/8/89, 12/13/89,
1/10/90, 2/28/90, 3/28/90, 4/25 90, 5/9/90, 5/23/90, 5/30/90 and
6/27/90)
Section 24. Salary of Council
Section 24 A. was changed to Section 24. In Section 24, the
paragraph that read as follows: "The Councilmen shall each
receive an annual salary of six hundred dollars ($600.00),
payable monthly", was replaced with the following language: "Each
Council Member shall receive a salary of Sl.000 oer month.
commencina on the first dav of the month followina aooroval of
this Charter bv the State leaislature. At the beainnina of each
subseauent calendar year. this fiaure shall be automatically
adiusted accord~na to the oercentaae chanae over the orevious 12
months in the Consumer Price Index (national averaae\ for all
urban consumers".
Rationale: The council's salaries have not been raised since
1937. A study of council salaries in California cities revealed
that our council members are among the lowest paid in the state.
The job of a council person is demanding and though the
recommended salary of $1,000 per month would not fully
compensate council members for their efforts, it is more in
keeping with what other cities pay. The Consumer Price Index
(CPI) provisions would allow for an automatic annual cost of
living adjustment of council salaries. (Discussed on 11/8/89,
12/13/89, 1/10/90, 2/18/90, 3/28/90 and 5/23/90)
Section 25. Salaries of City Clerk and the City Treasurer
This section was changed from 24-B to Section 25 and the title
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was amended to read: "Salaries of the City Clerk and the City
Treasurer." The paragraph in this section was amended as
follows: "The salaries of the City Clerk and the City Treasurer
shall be fixed by the Mayor and Common Council".
Rationale: The City Clerk and
same section for streamlining.
12/13/89 and 5/23/90)
City Treasurer were placed in the
(Discussed on 10/12/88, 3/22/89,
ARTICLE III - LEGISLATIVE DEPARTMENT - THE CODON COUNCIL
Section 30. Legislative Power
In the beginning of the last sentence the word council was added.
In the last line of the section, the following language was
added: "exceot when a areater vote is reauired by law or bv this
Charter. "
Rationale: The word "council" was inserted before the word
"order" to clarify that this section only applies to orders of
the council. The last phrase was added because in some instances
more than four affirmative votes are required for council
approval. (Discussed on 10/26/88 and 5/23/90)
Section 31. Ordinance, Resolution, Council Order-Definitions.
This is a new section and new title. Paragraph (a) was added and
reads as follows: Ordinance - An ordinance is a local law of the
Citv. duly enacted bv the Mavor and Common Council as set forth
in this Charter. prescribing general. uniform. and oermanent
rules of conduct relatina to the corporate affairs of the City.
Ordinances may be codified in accordance with aeneral law.
Paragraph (b) was added to Section 31 and reads as follows:
Resolution - A resolution is the formal exoression of the ooinion
or will of the Mavor and Common Council dealina with matters of a
soecial or temoorary character. not risina to the dianitv of an
ordinance. and adooted bv vote as set forth in this Charter.
Paragraph (c) was added to Section 31 and reads as follows:
Council Order - A council order is an action of the Mavor and
Common Council dealina with matters of a soecial or temoorarv
character. not risina to the dianitv of a resolution. and adooted
bv vote as set forth in this Charter.
Rationale:
difference
(Discussed
Paragraphs (a), (b) and (c) were added to clarify the
between ordinances, resolutions and orders (motions).
on 10/26/88 and 11/9/88)
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Section 32. Ordinance
Section 31 was changed to Section 32 and the title was amended to
read: Ordinances. The words "Adoption - Emergency and Urgency"
were eliminated from the title. The first paragraph was marked
".Lll". In the first line of paragraph (aI, the words "emergency
or" were deleted. On lines 3 and 4 the following words were
deleted: "nor except at a regular or adjourned regular meeting".
In the second sentence of paragraph (aI, the words: "or
resolution" were deleted. On line 9 of, paragraph (a), the
following language was added: "and except for urgencv
ordinances, and on lines 10 and 11, the words "regular or
adjourned regular" were deleted.
Rationale: Title and section number were changed for
clarification. The words "emergency or" were deleted by the City
Attorney as "urgency" is the preferred terminology per general
law. The words "nor except at a regular or adjourned regular
meeting" were deleted to allow the Mayor and Council the
flexibility to adopt urgency ordinances at special meetings.
All provisions relating to ordinances have been grouped together
for continuity. (Discussed on 10/26/88 and 5/30/90)
Section 32. (b)
The second paragraph in former Section 31 was changed to Section
32 (b). The words "Emergency or" were deleted from the
beginning of paragraph (b) and Uraencv was capitalized. On line
1 of paragraph (b), the following language was deleted: "and each
resolution". In paragraph (b), line 5 the word "special" and in
line 6, the words "and resolutions" were deleted. In the last
line of paragraph (b), the following words were deleted: "and
resolutions of" and the word "in" was inserted. The last
paragraph of paragraph (b) was eliminated.
Rationale: See above for "emergency". References to resolutions
were removed from this section and given their own section for
clarification purposes. (Discussed on 10/26/88 and 5/30/90)
Section 32 (c)
The third paragraph of former Section 31 was changed to Section
32 (c). The entire section was deleted except for the words "All
ordinances" and replaced with the following language: Except as
otherwise provided herein. all ordinances shall take effect as
provided in Section 32ff) if approved bv a vote of four f4\ or
more council members. provided that if such an ordinance
receives onlv four (4\ votes. and if within five (5) davs of
approval the Mavor states his or her disapproval with his or her
reasons therefor. for the records. the ordinance shall not take
effect.
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Rationale: References to "resolution" were removed and placed in
separate section. (See Section 33) New wording was added to
clarify provisions under which ordinances become valid with or
without the Mayor's endorsement It also provides conformity with
language for resolutions and Council orders. (Discussed on
10/26/88, 5/30/90 and 7/25/90, 8/1/90)
Section 32 (d).
The title, "Ordinances - Enacting Clause" was deleted, and the
paragraph was retitled l41.
Rationale: Section number and title were deleted for continuity.
All provisions under this section remain in Section 32 (d) above.
(Discussed on 10/26/88)
Section 32 (e)
The title, Ordinances Publication, was deleted, and the
paragraph was retitled 33 (~.
Section 32(e) (page 15 of the proposed Charter) was amended by
inserting the words "bv the Council" on the fifth line after the
words "of each ordinance; inserting the word "either" before
"published by the City Clerk" on the fifth line; on the seventh
line, inserting the word "or telecast on local Government access
channel three times on three different dates between the hours of
6:00 a.m. and 10:00 p.m. Such 9ublication or telecastina shall
include" the names of the . . . At the end of that sentence the
words "when reauired" were added. on lines 13, 14, and 15, the
words "or telecastina" were added after the word "publication".
On page 16 of the same document, on the sixth and tenth lines the
words "or telecastinq" were added after the word "publication".
In the thirteenth line, the words "in such situations. if not
telecast," were added following the words "private legal notices,
but". In next to the last line in that paragraph the words "and
until" and "or telecast" were added so that the last two lines
read as follows: .,. and until it is published or telecast in
substantially the manner and at the time required herein.
Rationale: The various references to using telecasting as an
alternative for publishing ordinances in the newspaper were added
to provide for meeting the legal requirements for advertising
ordinances and saving the payment of the high cost of advertising
in The Sun. Also, the number of cable subscribers exceeds that
of newspaper subscribers in San Bernardino. (Discussed on
10/26/88, 6/27/90, 7/25/90 and 8/1/90)
paragraph (f) was added as follows: No ordinance passed bv the
Common Council (excePt 'o'1hen otherwise reauired bv the aeneral
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laws of the State. or the orov~s~ons of this Charter. resoectina
street imorovements and exceot an ordinance for the immediate
oreservation of the oublic peace. health. or safety. which
contains a statement of its uraencv. and is oassed bv a five-
sevenths 15/71 vote of the Council but no arant of any franchise
shall be construed to be an uraencv matterl. shall 90 into effect
before thirty (301 days from the time of its final oassaae by the
Council.
Rationale: This section was amended and moved from
Section 121 so that all provisions relating to ordinances
be grouped together. (Discussed on 10/26/88 and 5/30/90)
former
would
Section 33. Resolutions (Formerly Section 31)
The following provisions were moved from Section 31 as follows:
(al All resolutions may be adooted on the day of introduction
and may take effect uoon adootion: 9rovided. however. that this
section is not intended. nor shall it be deemed to affect the
method of adootin9 resolutions as required bv municipal
imorovement acts. laws relatina to elections. taxation. and
annexations. or other orovisions of law orescribina the time.
form and manner for the adootion of resolutions in soecial cases.
(b) All resolutions. shall take effect if aooroved bv a vote of
four (41 or more Council members. orovided that if such a
resolution receives only four (4) votes. and if within five 151
days of aooroval the Mavor states his or her disaooroval with his
or her reasons therefor. for the record. the resolution shall not
take effect.
Rationale: These paragraphs were moved from other sections in
the Charter in order to group provisions on resolutions. The
language in the second paragraph was changed to clarify the
provisions under which resolutions become valid, with or without
the approval of the Mayor. They also provide conformity with
provisions for ordinances and Council orders. (Discussed on
10/26/88, 5/30/90, 7/25/90 and 8/1/90)
Section 34. Council Orders. (FOrmerly Section 31)
A Council order shall take effect if aooroved by a vote of four
141 or more Council members. orovided that if such an order
receives only four 141 votes. and if at the same meetina the
Mayor states his or her disaooroval with his or her reasons
therefor. for the record. the order shall not take effect.
Rationale: This section was moved from Section 31 to 34 so that
ordinances, resolutions and council orders (motions) would have
separate sections. The language was added to clarify the
provisions under which Council orders become valid, with or
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without the approval of the Mayor, and to provide conformity
with provisions for ordinances and resolutions. (Discussed on
10/26/88, 11/9/88, 5/30/90, 7/25/90 and 8/1/90)
Section 35. Powers of Common Council
Section 34 was changed to Section 35. In the eighth line "expel"
was replaced by remove from office and "or any city officer
appointed by the Mayor and Common Council" was deleted. In the
tenth line .f2l: was added before "the willful violation of any
penal law,". "for which punishment mav include incarceration"
was added following "penal law" in the eleventh line. In lines
twelve and thirteen the words "or officer" and "if holding office
for a definite term" were deleted.
The following phrase was added to the end of Section 35:
"provided that when a trial court 1udament is entered for the
conviction of a felonv or anv offense involving a violation of
the member's official duties. the office becomes immediate Iv
vacant.
Rationale: The word "expel" was clarified by changing the phrase
to read "remove from office". All references to the discharge of
other officers appointed by the Mayor and Common Council were
removed because they are covered by Sections 40(s) and 53(a). The
sentence which was added to the last sentence was taken directly
from the state statutes and applies to general law cities.
(Discussed on 10/26/88, 11/9/88, 3/28/90, 5/30/90, 6/27/90,
7/25/90 and 8/1/90)
Section 36. Meetings - Time of
Section 35 was changed to Section 36. The word "Adjournments"
was deleted from the title. In the first sentence, the words
days and time of were added before the words "regular meeting"
and the following words "held on the first and third Mondays in
each month, unless such days be a legal holiday, when the meeting
shall be held on the following day" were replaced by established
bv the Mavor and Common Council by ordinance.
Rationale: The change in title was made for clarification. The
other changes allow the Mayor and Council the flexibility of
changing their regular meeting date from Monday to another day of
the week. (Discussed on 10/26/88, 11/9/88 and 5/30/90)
Section 37. Mayor to Preside - Absence
Section 36 was changed to Section 37.
word "their" was changed to its.
of Mayor.
In the fourth line, the
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Rationale:
Council, was
correction.
5/30/90)
The word "their" in reference to the Mayor and
changed to " its" in two places for grammatical
(Discussed on 11/9/88, 12/13/89, 4/25/90 and
Section 37. Second paragraph
In the second paragraph, the words
were deleted. In the fourth line,
Common Council was changed to its.
"present and" were deleted. In the
was changed to council member.
"absence from the City, or"
"their" in reference to the
In the sixth line the words
seventh line, "councilman"
Rationale: The changes were made in the second paragraph of
Section 37 because with today's technology, absence from the City
does not prevent the Mayor from communicating and giving
directives. (Discussed on 11/9/88, 6/28/89, 8/30/89, 9/13/89,
4/25/90 and 5/30/90)
Section 38. Investiaations and Hearinas: Subnoenas: Enforcement:
Deleaation. Section 38 was added as follows: Investiaations
and Hearina: Subooenas. Enforcement: Deleaation. In all
investiaations or hearinas conducted by or before the Mayor and
Common Council. the Mavor and Common Council shall have the Dower
to issue subDoenas for the attendance of witnesses. and the
Droduction of DaDers and documents before them. which subDoenas
shall be sianed bv the Mayor. and such subDoenas shall be served
as reauired bv law for the service of subDoenas from the SUDerior
Court. and on failure. or refusal to attend or resDond as
reauired by such subDoenas. the Derson or oersons so offendina
shall be subiect to the same Denalties and ounishment bv said
Mavor and Common Council as are ore scribed bv law for like
offenders in sUDerior courts. The Mavor. or any member of the
Council. may administer oaths or affirmations in the conduct of
such investiaations.
The authority aranted bv this section may be deleaated by the
Mayor and Common Council to a standina or ad hoc committee made
UD of two or more of its members.
Rationale: The Mayor and Council have always had subpoena power
under various provisions of the existing Charter (34, 180 and
259). Section 38 was created to enumerate subpoena power under
one section and to allow the Mayor and Council to delegate
subpoena power to Council subcommittees. (Discussed on 11/9/88,
11/30/88 and 5/30/90)
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Subj~ts of Legislation
Section 40. Powers of Mayor and Common Council.
The introduction to Section 40 was amended by deleting "hereafter
referred to as Council,".
Rationale: The phrase "hereafter referred to as Council" was
deleted to allow conformance with the usage of the phrase "Mayor
and Common Council" throughout the Charter. (Discussed on
3/28/90 and 5/30/90)
In paragraph (a) the title was amended by deleting the word
"and" and adding and lease to read as follows: "Purchase, Sale
and Lease of property." In the sixth line, the figure "$2,000"
relative to appraised value of real property was changed to
535.000. Mavor and Common was added in the eighth line before
the word "Counc il " .
Rationale: From time to time the Mayor and Council may wish to
lease property for city use or for income purposes. The word
"lease" was added to enable the city to do so. The bid limits
for real property were raised to $35,000 to be more reflective of
the current market value of property. The words Mavor and Common
were added to conform with the title of Mayor and Common Council,
which is used throughout the Charter. (Discussed on 11/30/88,
3/28/90 and 5/30/90)
Paragraphs (a) through (z) and (aa) were also amended by
inserting the words The Mavor and Common prior to the word
"Council" to provide conformance to language throughout the
Charter. (Discussed on 11/30/88, 3/28/90, 4/25/90, 5/30/90,
6/27/90 and 9/13/90)
Section 40. Paragraph (b) Police and Sanitary Regulations.
In paragraph (b), fifth line, and infractions was added
following the word "misdemeanors" 1 and the last phrase "although
the offense constituting the misdemeanor be also a violation of
the penal laws of the State." was deleted.
Rationale: The changes are consistent with Section 55(d) which
was approved by the voters. The last sentence was removed so
that the Council does not create penalty provisions for an area
occupied by the State. (Discussed on 11/30/88 and 5/30/90)
Section 40. Paragraph (r) Fines and Penalties.
The last sentence was amended by adding the following words as
provided in said ordinance, so the sentence reads as follows:
"The violation of any lawful ordinance made by the Mayor and
Common Council shall constitute either a misdemeanor or an
infraction as provided in said ordinance. and shall be prosecuted
in the name of the people of the State of California."
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Rationale:
clear that
(Discussed
The term "as provided in said ordinance"
penalty ~rovisions will be specified by the
on 11/30/88 and 5/30/90)
makes it
Council.
Section 40. Paragraph (s) Compensation and Removal of Officer.
"Subiect to the orovisions of Section 53 of the Charter. the
Mavor and Common Council" was added to the beginning of the
section. The following words "policemen and other subordinates,
officers and employees," were replaced by city deoartment heads~
"they" was replaced by "it"; and the last phrase "subject to the
civil service provisions of this Charter" was deleted.
Rationale: This section specifies that the Mayor and Common
Council has the power to remove department heads. This power is
set forth more specifically in Section 53 (a). (Discussed on
11/9/88 and 5/30/90)
Section 40. Paragraph (t). Water
The Title of Section 40, Paragraph (t) was changed from "Public
Utilities" to "Water".
Rationale: The title was changed to "Water" as the provisions of
the paragraph deal directly with services subject to the powers
and supervision of the Board of Water Commissioners. (Discussed
on 11/30/88, 5/30/90 and 6/27/90)
Section 40. Paragraph (u). Public Works and Utilities
The title was changed from "Public Works" to "Public Works and
Utilities". In the first sentence, the word "establish" was
added following the word "acquire".
Rationale: The title was changed to include utilities to better
define the provisions of the paragraph. "Establish" was added to
broaden the powers of the Mayor and Council regarding public
works and utilities. (Discussed 11/30/88), 5/30/90, 6/27/90 and
9/12/90)
Section 40. Paragraph (v). Construction Permit
The words "or other utilities" were added to the last sentence.
Rationale: The word "or other utilities" were added to allow for
the construction of any other utility within the city not
specifically mentioned. (Discussed 11/30/88 and 6/27/90)
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Section 40. Paraqraph (x) Duties Not Defined.
paragraph (x) was amended by replacing "other than" by .in
addition to those, so that the paragraph reads as follows: "The
Mayor and Common 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 in
addition to those herein prescribed."
Rationale: Change was made for clarification. (Discussed on
11/30/88, 5/30/90 and 6/27/90))
Section 40. Paraqraph (y) Dog Tax.
The words "an annual" were removed from the first sentence.
Rationale: The Animal
licenses on a biannual
5/30/90 and 6/27/90))
Control Division is collecting dog
schedule. (Discussed on 11/30/88,
Section 40 (aa) Other Powers.
In the last line of this section the words "health and" were
added before "general welfare of the City or its inhabitants."
Rationale: The addition of "health" allows the City to have
standing in court on health issues. (Discussed on 6/27/90)
Section 41. System for Assessment, Levy and Collection of Taxes.
The entire section was deleted.
Rationale: Proposition 13 eliminated the use of this section.
(Discussed on 11/30/88, 4/25/90 and 6/27/90)
ARTICLE IV - EXECU'l'IVE DEPARTMENT - MAYOR
Section 50. Chief Executive Officer (Paraqraph 1)
In the fifth line, the words ..thirty (30) days" relative to the
period of time being a qualified elector of the City were
replaced by twenty-nine (29) days. In line 13, oublic was added
before the word "books", so that the sentence reads as follows:
"The public books, records and official papers of all
departments . . .... On the sixteenth line add "as orovided bv
state law" following the words "for inspection and examination".
On line 18, the word ..to" was added to the sentence "Any
defalcation or wilful neglect of duty or official misconduct
which may be reported to or discovered by. ..
Rationale: Thirty days was changed to twenty-nine days to
conform to state law. The word "public" was added to specify
that inspection is limited to public documents. Some
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information, such as gross receipts of
confidential and not o~en for public inspection.
1/11/89, 1/25/89, 3/28/90 and 6/27/90)
businesses, is
(Discussed on
Section 50. Chief Executive Officer (paragraph 2)
In the second line, the word "experted" was replaced by audited
in reference to auditing of finances of all public departments.
Rationale: The word "audited" is modern for "experted".
(Discussed 6/27/90)
Section 51. Appointments and Vacancies.
The following sentence was deleted: "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 the tenth line of Section 51, the following phrase was
deleted: " and the appointee shall hold office for the
unexpired term" . The following sentence was added to the
section: When a vacancv has occurred and an aooointment has been
made to an elective office. an election to fill the oosition for
the unexoired term shall be held in the next succeedina citv wide
municioal election. and the aooointee shall hold office until the
aooointee or his or her successor has been elected and aualified.
Rationale: The provision for filling a vacancy was clarified.
The provision for requiring the vacancy to be filled at the
general election, was changed to "city wide municipal election"
because San Bernardino's general elections are run-off elections
and not always city wide. It is the primary election that is
always a city wide election. (Discussed 1/11/89, 1/25/89,
3/28/90 and 6/27/90)
In the eleventh line of Section 51, the word "Provided" was
deleted and a new paragraph was established starting with the
words "When a vacancy . . .
Rationale: The change provided in establishing the new paragraph
was done for grammatical purposes. (Discussed 9/13/90)
Section 52. Contracts and Agreements.
This section was amended by deleting "Power to Discharge or
Suspend" from the title.
Rationale:
Section 52
The title was changed to reflect what provisions
contains. provisions relating to "discharge and
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suspend" are covered in other sections.
and 1/25/89)
(Discussed on 1/11/89
Section 53. Power to Dismiss.
The title of Section 53 was amended to delete "Without Cause".
In the first sentence, "Councilmen" was changed to read "council
members.
The beginning of Paragraph B, Section 53 was amended by adding
For cause he or she, deleting "for dereliction, neglect or non-
performance of duty," in the second and third lines, and changing
the word "may to to in the fourth sentence, so that the paragraph
reads as follows: "B. For cause he or she shall have power to
discharge any City appointive officer or employee, except
employees in the classified service, and to suspend any employees
in the classified service pending a hearing before the civil
service board."
Rationale: Section 53, Subsection A is derived from old Charter
Section 256 and Subsection B is derived from old Charter Section
52. The words "without cause" in the title were removed because
the section deals with removal for cause as well as without
cause. The words "for cause" were substituted for "for
dereliction, neglect or non-performance of duty" in order to
broaden the power of removal. "May" was changed to "to" to make
the sentence more direct. (Discussed on 11/9/88, 1/25/89,
2/14/90, 2/28/90 and 7/11/90)
City Attorney
Section 55. position - Duties - Salary.
Subsection (b) was amended by changing "thirty (30)" to twenty-
nine (29) in the seventh line, which refers to resident and
elector requirements.
Rationale: In subsection 55 (b) "Thirty" was changed to "twenty-
nine" to conform to state law. (Discussed 1/25/89, 2/8/89,
3/22/89, 3/28/90 and 7/11/90)
Subsection (c) was amended by changing "general" tocitv wide on
the fourth line, in reference to the next municipal election.
Rationale: Subsection (c) References to general election were
changed to city wide election - the City Attorney must be elected
at a city wide election and city's general elections are run-offs
which may not be city wide. (Discussed 1/25/89, 2/8/89, 3/22/89,
3/28/90 and 7/11/90)
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Subsection (d) was amended by adding the word civil on line
twelve before the words "legal action"; and adding or review as
to form and leaal content, after the word "draft" on line
fourteen, which relates to ordinances and resolutions.
Rationale: The word "civil" was added to exclude criminal cases.
Taken literally, the present charter requires the City Attorney
to draft all ordinances and resolutions. The proposed change
allows the City Attorney to approve ordinances and resolutions in
lieu of draftinCJ them. (Discussed 1/25/89, 2/8/89, 3/22/89,
3/28/90 and 7/11/90)
Paragraph (e) was amended by replacing "less than seventy-five
hundred dollars ($7,500.00)" with reduced durina his or her term
of office. paragraph (e) reads as follows: (e) "The salary of
the City Attorney shall be fixed by the Mayor and Common Council,
but shall not be reduced during his or her term of office. He or
she shall be provided with office space and equipment, and
clerical help by the City."
Rationale: Paragraph (e) was changed to prevent the City
Attorney's salary from being "reduced" during his/her term of
office. (Discussed 1/25/89, 2/8/89, 3/22/89, 12/13/89, 3/28/90
and 7/11/90)
City Clerk
Section 61. Qualification.
The City Clerk shall have been a qualified elector and resident
of the City for a period of at least twenty-nine (29) consecutive
days prior to his or her appointment of filing of nomination
papers for election to office.
Rationale: This section was derived from old charter Section
235. With the exception of changing "thirty" to "twenty-nine",
the qualifications for City Clerk remain unchanged.
(Discussed on 4/12/89, 3/28/90 and 7/11/90)
Treasurer
Section 70. Duties.
Section 70 was amended by adding the word invest following the
word "receive" in the first line. The word "moneys" on the
second and eighth lines was changed to monev. On the third line
the word "expendi tures" was replaced by disbursements. The
following sentence was added to Section 70: The Treasurer shall
be the administrator of all bonds issued bv the Citv. The
following portion of a sentence starting on the fourth line was
removed: "... shall make a monthly statement to the Mayor and
Common Council of the receipts and expenditures of the preceding
month, and". . .
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Rationale: The word "invest" was added after the word "received"
and the word "expenditures" was replaced by "disbursements" to
modernize the language of the charter. The language "shall make
a monthly statement to the Mayor and Common Council of the
receipts and expenditures of the preceding month and" was removed
because it is not being done. The last sentence was added and
refers to a function presently performed by the Treasurer.
(Discussed on 3/22/89, 4/12/89, 5/25/89, 4/25/90, 7/11/90 and
9/13/90)
Section 71. Qualification.
The City Treasurer shall have been a qualified elector and
resident of the City for a period of at least twenty-nine (29)
consecutive days prior to his or her appointment or filing of
nomination papers for election to office.
Rationale: This section was derived from old charter Section
235. With the exception of changing "thirty" to "twenty-nine",
the qualifications for City Treasurer remain unchanged.
(Discussed on 3/22/89, 4/12/89, 5/25/89 and 3/28/90)
ARTICLES V AND VI WERE RESERVED.
ARTICLE VII - INITIATIVE, REFERENDUII AND RECALL
Section 120. The Initiative.
The sentence "The original petition may not be amended more than
once." was added as next to the last sentence in the first
paragraph and relates to the filing of a new petition.
Rationale: The Charter requires the City Clerk to return a
petition, which has failed to qualify, to the circulators so they
may make another attempt to qualify the petition. The original
petition may not be amended more than once. (Discussed on
5/11/89, 7/11/90 and 7/25/90)
Section 121. The Referendum.
The following language was deleted from Section 121: "No
ordinance passed by the Common Council (except when otherwise
required by the general laws of the State, or by the provisions
of this Charter, respecting street improvements and except an
ordinance for the immediate preservation of the public peace,
health, or safety, which contains a statement of its urgency, and
is passed by a two-third (2/3) vote of the Council, but no grant
of any franchise shall be construed to be an urgency matter, but
all franchises shall be subject to the referendary vote herein
provided) shall go into effect before thirty (30) days from the
time of its final passage and its approval by the Mayor; and".
Immediately following this deletion, the sentence was amended to
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read as follows: "ll during the thirty days between final
oassaae of an ordinance and its effective date, a petition
signed by electors of the City equal in number. . .".
In the last sentence of the section, the words "the first" were
deleted; Section .l2.Q. was added, so that the sentence reads as
follows: "Said petition shall be in all respects -in accordance
with the provisions of -S.ection 1ll of (the) this article (The
Initiative) and shall be examined and certified by the Clerk in
all respects as therein provided."
The following sentence was added to the Section: All arants of
franchise shall be subiect to this section.
Rationale: There were provisions in the referendum section that
pertained to ordinances in general. Those provisions were
removed and placed under proposed Section 32 (f). Some other
clarifications were added. The provisions for referendum remain
unchanged. (Discussed on 5/11/89 and 7/11/90)
Section 122. The Recall.
Section 122 was amended to read as follows: "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 in accordance with aeneral law. " All other language was
deleted.
Rationale: This amendment substitutes general law for the
existing Charter provisions on recall. Section 122, as presently
written, makes recall nearly impossible. For a city wide recall,
the circulators would have less than 60 days to gather 17,000
signatures. There has not been a recall since adoption of this
section in 1976, but if there were, the recall would be conducted
according to the conflicting provisions of this Charter, the
elections code and the municipal code. General law provisions
for recall are less complex. The Committee believes that recall
is a fundamental right of the people, which must not be nullified
by technicalities. }DiSCUSsed on 5/11/89, 6/28/89, 9/13/89,
3/28/90, 7/11/90 and 9 13/90)
Article VIII
Revenue and Finance
Section 130. Reports and Estimates.
The first sentence in Section 130 was amended by replacing
"Monday in July in each year" with dav in each fiscal vear and
"City Clerk" with Mavor, so that it reads as follows: "On or
before the last dav in each fiscal vear, the Mavor shall transmit
to the Mayor and Common Council. "
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Rationale: "Last Monday in July in each year" was changed to
"last day in each fiscal year" to make the date coincide with the
fiscal year. "City Clerk" was changed to "Mayor or his designee"
to conform to what is actuallr being done. (Discussed on
3/22/89, 5/25/89, 3/28/90, 4/25/90 and 7/11/90)
Section 131. Ordinance To Be Passed.
Section 131 was deleted.
Rationale: To remove outdated language that is no longer valid.
Section 132. Ex officio Assessor and Tax Collector.
Section 132 was deleted.
Rationale: To remove outdated language that is no longer valid.
Section 146. Water Fund.
The following was added as the first sentence in Section 146:
All monev received from the sale or use of water shall be
deoosited into the Water Fund which shall be keot seoarate and
aoart from other monevs of the Citv.
The following was added to the second sentence in Section 146:
for the defravina of exoenses or maintenance and reoairs and
ooeration of the water system. and for any exoenses for additions
to the same: and for suoolvina the City with water for any and
all ourooses: exceot that the Mavor and Common Council may. in
its discretion. monthlv transfer from the Water Fund to the
General Fund. not more than ten oercent 110\ \ of the revenues
deoosited into the Water Fund durina the orecedina month. and
exceot that the Mayor and Common Council may. in its discretion.
monthly transfer from the Water Fund to the orooer Bond Fund. an
amount of monev eaual to one-twelfth 11/12\ of the amount which
will become due and oavable durina the current year for interest
on orincioal. or for interest and orincioal. uoon any or all
outstandina Water Works Bonds.
Rationale: The language that was added as the first sentence was
derived from Section 164 and sets definite provisions regarding
the accountability of the Water Fund. (Discussed 8/1/90)
Rationale: The language added to the second sentence is derived
from former Section 164 and provides specific guidelines as to
the allowed uses of money in the Water Fund and how a portion of
that money is to be transferred into the City's General Fund.
(Discussed 8/1/90)
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Section 164. Sale and use of water.
Section 164 was amended by adding the phrase "exceot as 9rovided
in Section 146" to the end of the first sentence. The rest of
Section 164 was deleted.
Rationale: The provisions of Section 164
Section 146 entitled "Water Fund" in
references to the use of water funds.
8/1/90)
were transferred to
order to consolidate
(Discussed 5/9/90 and
Article X
Police and Fire Departments
Section 180. Powers of Mayor and Council.
The first paragrapL in Section 180 was amended by deleting the
word "FIRST" in the third line and adding to, so that the first
sentence reads as follows: "The police and fire departments
shall be under the control and management of the Mayor and Common
Council who shall have power to fix and prescribe the salaries,
" The words "Civil Service" in the last sentence of the
first paragraph were capitalized.
The paragraphs entitled "SECOND" and "THIRD" were deleted.
Rationale: The word FIRST in the first paragraph was deleted
because the two subsequent paragraphs labeled "SECOND" and
"THIRD" were deleted, thereby making the designation of "FIRST"
unnecessary. The second and third paragraphs were deleted
because language was redundant, no longer applied because of
changes in the law, or was covered in other sections. These
deletions were basically for housekeeping purposes. (Discussed
on 10/25/90, 5/9/90 and 8/1/90)
Section 181. Police Department - Membership.
In Section 181 the words "and other policemen" on line three were
deleted, and other oolice was added before the word "officers" on
line two, and "other emolovees" was added following the word
"officers, so that the section reads as follows: "The Police
Department shall consist of a Chief of Police, and such other
90lice officers and emolovees as the Mayor and Common Council may
from time to time determine."
Rationale: The language was changed to clarify the meaning and
to include non-sworn employees as well as sworn employees.
(Discussed on 5/9/90, 8/1/90 and 9/13/90)
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Section 183. Fire Department - Hembership.
Section 183 was amended by deleting the word "Engineer" in the
second line, deleting "drivers, hosemen" in the third line and
adding Un before the word "Chief" in the second line and adding
fire fiahters in the third line, so that the section reads as
follows: "The Fire Department shall consist of a r..i.n Chief and
as many assistants, fire fiahters and other employees as the
Mayor and Council may determine.
Rationale: The titles of certain
updated to more appropriate usage.
5/9/90 and 8/1/90)
fire personnel
(Discussed on
have been
10/25/89,
Section 186. Salaries.
FIRST: Classification
Class of Position
In the chart showing positions, the following changes were made:
In the first item under "Fire Department" "Firemen" was changed
to Firefiahters: in the second item, "Fire Prevention
Inspectors" was changed to Fire Investigators; in the fourth
item, "Captains, Assistant Fire Prevention Engineer" were deleted
and replaced by Caotain; in the fifth item "Drill Master, Fire
Prevention Engineer" were deleted, leaving only "Battalion
Chief"; in item six, "Assistant" was changed to Deoutv.
In the first item under "Police Department" "Patrolman, and
Policewoman" were changed to Police Officer.
Rationale: The changes were made in various titles
Police and Fire Departments to conform to current
(Discussed on 3/22/89, 3/28/90, 10/25/89 and 8/1/90)
in the
usage.
Section 186.
SIXTH: Definitions
In paragraph (a) the language was changed as follows: "Shift"
means a 24-hour duty for the Fire Department, except for the
positions of fim Chief, ("Assistant" was deleted) Deoutv Chief
and local and local safety members working in the Fire Prevention
Bureau, and such other local safety positions as may hereafter be
granted a forth (40) hour average work week by resolution of the
Common Council.
Rationale: Job titles were updated to conform to present usage.
(Discussed on 3/22/89, 10/25/89 and 8/1/90)
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Article XII
Free Public Library
Section 205. Trustees - Terms.
Section 205. Trustees - Terms. was amended by deleting the
following language, beginning on the fourth line: "first Board
of Trustees under this Charter shall take office on the second
Monday of May, 1905, and shall at their first meeting so classify
themselves by lot that three of their number shall go out of
office at the expiration of two years, and two at the expiration
of four years; otherwise their". . .; and replacing that language
with the following: "term of three of the Trustees shall
commence on the first Tuesday after the first Mondav of June in
1993 and the term of two of the Trustees shall commence on the
first Tuesdav after the first Mondav of June in 1991. The. . .
of the Trustees. "Also deleted from the thirteenth line
were the words "second Monday in May" and replaced by "first
Tuesday after the first Monday in June" . . .
Section 205 now reads as follows: "The Free Public Library shall
be under the management of a Board of five Trustees who shall be
appointed by the Mayor subject to the approval of the Common
Council; provided, that the term of three of the Trustees shall
commence on the first Tuesday after the first Monday of June in
1993 and the term of two of the Trustees shall commence on the
first Tuesday after the first Monday of June in 1991. The term
of office of the Trustees shall be four years. On the first
Tuesday after the first Monday in June succeeding every General
Municipal election, the Board shall organize by choosing one of
their number President. They shall also elect some suitable
person as Secretary who shall act and hold office at the pleasure
of the board.
Rationale: The language which referred to the 1905 date was
changed to bring provisions up to the present time. The current
expiration dates of terms of office are portrayed accurately as
being in 1991 and 1993. The change from "May" to "June" provides
that the terms coincide with the Mayor's term, who is the
appointing authority. While these provisions do not specify that
the present incumbents shall serve out their terms plus one
month, it was suggested that this could be taken care of by
resolution of the Council. (Discussed on 4/12/89, 10/25/89,
5/9/90, 5/23/90 and 8/1/90)
Section 207. Library Tax.
Section 207 was deleted.
Rationale: This section was deleted due to the effects of
Proposition 13. (Discussed on 3/28/90, 4/25/90 and 8/1/90)
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Section 209. Title to Real Personal property.
The following language was deleted from the last sentence in the
section: "and in the name of said City may be sued for defendant
by action at law, or otherwise."
Rationale: The language was deleted because it was redundant.
Discussed 10/25/89, 11/8/89and 8/1/90)
Article XII-A
Park and Recreation Commission
Section 213
Section 214
Section 215
Section 216
Section 217
Section 219
All sections regarding the Park and Recreation Commission were
deleted.
Rationale: The provJ.sJ.ons relating to the Park and Recreation
Commission were eliminated so that this commission could be
regulated by ordinance in the same manner as other commissions.
(Discussed on 11/8/89, 11/29/89, 5/9/90 and 8/1/90)
Article XIII
CIVIL SERVICE
Section 246. Civil Service Board - Appointment.
The following language was deleted from Section 246, starting on
the fourth line: "The three members in office on the First
Monday in May, 1959, shall continue to serve for the remainder of
their respective terms. On July 1, 1958, or as soon thereafter
as this Charter amendment becomes effective, the Mayor, with the
consent and approval of the Council, shall appoint one member to
serve until the first Monday of May, 1959, and one to serve until
the first Monday of May, 1961, and thereafter, by rotation in the
following manner: Two members shall be appointed on the first
Monday of May, 1959, two on the first Monday of May, 1961, and
one on the first Monday of May, 1963; each for a term of six
years. On the first Monday of May, 1965, and every odd numbered
year thereafter,". Following this deletion, the following was
added: On the first Mondav of June in each odd numbered vear..
In line 20, "May" was replaced by.J:.lm&. The following sentences
were added, starting on line twenty-one: The term of one member
shall commence in 1991. two members in 1993 and two members in
1995. and said terms shall continue thereafter in like manner.
Anv aooointment followina a death. resianation or other vacancy
shall be for the unexoired term.
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Rationale: Outdated language establishing the terms of office of
the Civil Service Board was deleted, and new language added to
insure the staggering terms of office for the board in the
future. Language was also changed to indicate that terms of
office begin and end on the first Monday in June rather than in
May to coincide with the term of the Mayor who is the appointing
authority. (Discussed on 9/13/89, 1/10/90, 1/24/90, 3/28/90,
5/9/90 and 8/1/90)
Section 247. Civil Service Board to Organize.
The Title of Section 247 was amended by adding the word Board and
deleting "and Appoint Secretary.:
The last sentence in Section 247 was deleted as follows: "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."
Rationale: The offices of Chief Examiner and Secretary and the
power of the Board to appoint subordinates have been eliminated
so that the Civil Service and Personnel Departments can be
combined. (Discussed on 6/28/89, 8/16/89, 8/30/89, 9/13/89,
9/27/89, 10/11/89, 11/29/89, 12/13/89, 1/10/90, 1/24/90, 2/28/90,
5/9/90 and 8/1/90)
Section 248. Classified and Unclassified Civil Service.
In the first sentence of Section 248, "Civil Service" was deleted
and emo10yees was added; and in the same sentence "is" was
replaced by ~.
Rationale: The word "employees", which replaced "Civil Service",
better describes individuals rather than the generic designation
of Civil Service. (Discussed on 1/24/90, 5/23/90 and 8/1/90)
Section 248 -
Paragraph (1)
lIat".
paragraph (1) (c)
(c) was amended by changing the word "during" to
Rationale: Correction in grammar.
and 8/1/90)
(Discussed 1/24/90, 5/23/90
Section 248 - paragraph (1) (d)
Paragraph (1) (d) was amended by adding "provided that for the
ourooses. of this subsection divisions of deoartments shall be
formally established by the Mayor and Council by resolution;"
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Rationale: In the present Charter, there are no specific
regulations regarding the establishment of divisions within
departments of the City. The additional language establishes
authority for such designation by resolution of the Mayor and
Common Council. (Discussed 1/24/90, 5/23/90 and 8/1/90)
Section 248 - paragraph (1) (e)
Paragraph (1) (e) was amended to read: (e) One secretary for
each department, when such oosition is desianated unclassified bv
the Mavor and Common Council:
Rationale: The present language in paragraph (1) (e) might be
construed to mean that one secretary for each department could
become an unclassified employee, which is not an accurate
assessment. The additional language provides specific authority
to the Mayor and Council to specify which secretarial positions
will be designated unclassified. (Discussed on 1/10/90, 1/24/90
and 8/1/90)
Section 248 - paragraph (1) (f)
Paragraph ( 1) ( f ) was added, as follows: " ( f)
management employees as are designated by the Mayor
Council by resolution;
Such other
and Common
Rationale: Paragraph (1) (f) was added to provide flexibility to
the Mayor and Common Council to determine which management
employees, not already specified, shall be designated as
unclassified. (Discussed on 1/24/90, 5/23/90 and 8/1/90)
Section 248 (2)
Section 248 (2) was amended by deleting the following: "There
shall be in the classified service, the following three classe~,
to be known as the competitive class, the uncompetitive class and
the labor class. The paragraph now reads as follows: "The
classified service shall comprise all positions not specifically
desianated in this Charter in the unclassified service."
Rationale: Language relative to the classified service was
deleted as the Civil Service Board has the authority to determine
what testing and qualifications are required for positions
without specific language in the Charter to set forth those
requirements. (Discussed on 1/10/90, 1/24/90, 5/23/90 and
8/1/90)
Section
Section
deleted.
248 (2), Paragraphs (a), (b), (c)
248 (2) Paragraphs (a) I (b),
(c) I
as
follow,
were
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(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.
Rationale: These subsections were deleted as the Civil Service
Board has the authority to determine what testing and
qualifications are required for positions without specific
language in the Charter to set forth those requirements.
(Discussed 1/24/90 and 8/1/90)
Section 249. Veteran~ Preference.
The title of Section 249 was amended by making the word Veteran
Plural possessive. In the first sentence, the following was
deleted: "administered by the Civil Service Board or its Board
of special Examiners or Chief Examiner," 50 that the sentence
reads: "In any open examination, any person who has served in
the regular armed forces of the United States of America. . ."
In the ninth line, the word "grade" was deleted; in line eleven,
ill was added; in line thirteen, "of" was replaced with W in
line fifteen, the word "examination" was deleted. In line
twenty-two, the following was deleted: "the phrase 'in time of
war' in its rules and regulations and such definition shall
include each war and any campaign involving the United States for
which the federal government allows veterans preference" and the
following added in its place: service in time of war in its
rules and reaulations so as to include all service for which the
federal aovernment allows veterans' oreference.
Rationale: The changes to this section
meaning of service in the time of war.
1/24/90, 2/14/90 and 8/1/90)
were made to clarify the
(Discussed on 1/10/90,
Section 250. Codes of Rules & Regulations.
Section 250 was amended by removing the following from the last
sentence: ". . . of this article and. . ."
Rationale: This change was made to eliminate redundant language.
(Discussed on 1/24/90 and 8/1/90)
Section 251. Examinations.
This section was amended by deleting the following words from the
beginning of the paragraph: "The examiners shall approve" and
adding the words "shall be conducted" after the words
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"classified service, and adding the word ".!!.ll.:. before the word
"regulations" so that the first sentence reads as follows:
"Examinations for all positions in the classified service shall
be conducted in accordance with all regulations of the Civil
Service Board."
In the fourth line of this paragraph, the following words were
eliminated: "and shall maintain". On line four a new sentence
begins with: "Lists". The following words were deleted starting
on line four: "of each class of service of these. "The
following language was added to line six: "shall be maintained".
The following language was deleted from the end of the paragraph:
"In making such appointment, preference shall be given to
bonafide residents of the City of San Bernardino who have been
such residents for at least one year next preceding the date of
their appointment, and who are, on said date, qualified electors
of said City; subject, however, to the preference provided for in
Section 249 of this Charter. As positions are filled, the
examiner shall certify the fact by proper and prescribed" and
the following language was inserted: "Notification of the prooer
fillina of all vacant positions in the classified service shall
be certified in written form..." At the end of the paragraph the
word department was made plural to departments and the word "the"
and "vacancy" were deleted. These words were replaced with the
following words: such positions.
Rationale: The provisions relating to giving preference to City
residents were removed because it is unconstitutional to require
that a City employee live within the City limits. Other language
changes were for clarification. (Discussed on 1/24/90, 8/1/90
and 9/13/90)
Section 253. Probation.
The title in this section was amended to read as follows:
Probation. In the third line the following words were deleted:
"of not more than one year" and "which shall not exceed one vear
for promotional probation." was added at the end of that
sentence. In the next sentence, the words "upon recommendation
of" were deleted and "~ was added. The words "with the
approval of a majority of the Civil Service Board" were deleted.
The following language was added "The dismissal of a probationarv
emplovee who is on probation due to a promotion from a permanent
position is subiect to the riaht of appeal to the Civil Service
Board. provided that anv employee may be suspended without pay
pendina the Board's determination of the appeal. The Board. in
its discretion. and considerina all factors. shall haye power to
reinstate the employee to his or her previous permanent position.
but shall have no power with reaard to the dismissal from the
probationarv position."
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Rationale: The language in the first sentence of the paragraph
relative to promotional probation was added to indicate that when
a promotion is received, the probation period begins again.
(Discussed on 1/24/90, B/1/90 and B/22/90)
Rationale: The language ". . . with the approval of a majority
of the Civil Service Board" in the seventh sentence was deleted,
as the Charter as written gives more rights to employees on
probation than it does to employees who have passed probation in
that the Board has to approve removal of the probationary
employee. (Discussed B/1/90 and 8/22/90)
Rationale: New language was added to the end of Section 253 to
indicate changes which are designed to subordinate the rights of
probationary employees to the rights of the permanent employees.
Experience has shown that the power has not been abused because
the Civil Service Board has not reversed the removal of
probationary employees by departments. (Discussed 8/22/90)
Section 254. Discharge or Reduction of Compensation.
In the third line a comma was inserted after the word rank. and
the word 1n was inserted. In line seven, the following language
was inserted: orovided that an emolovee mav be susoended without
oav oendina the Board's determination of the aooeal. At the end
of the paragraph, Section 256 was changed to Section ~.
Rationale: The language in this section was changed to provide
that the employee may be suspended without pay during the period
of suspension, as the hearing is sometimes delayed for 30 days or
more. It also provides that the employee's suspension is in
place until his hearing before the Civil Service Board. Former
Section 256 was deleted, and its provisions moved to a newly
established Section 53. (Discussed on 2/14/90 and 8/22/90)
Section 255. Appeal of Suspension.
Starting on line seven, the following language was inserted: gng
determined bv the Board or bv a hearina officer desianated bv the
Board. orovided that all aooeals of dismissals shall be heard and
determined by a hearina officer desianated bv the Board. The
judgment of the hearina officer or the board shall be final.
The last sentence was amended as follows: the words "provided
that" were deleted along with the words "at all times". The last
sentence reads as follows: "The provisions of this section are
subject and subordinate to the provisions of Section 53."
Section 256 was changed to Section 21.
Rationale: The provisions relating to the use of hearing
officer were added to relieve the Civil Service Board and City
Attorney's Office from expending a great many hours on hearings.
(Discussed on 1/10/90, 2/14/90, 2/2B/90 and 8/22/90))
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Section 256. Power of the Mayor to dismiss.
This section was deleted.
Rationale: provisions of Section 256 were moved to a newly
created Section 53. (Discussed on 11/9/88, 2/14/90, 2/28/90 and
8/22/90)
Section 257. position in Classified Service.
This section was deleted.
Rationale: This section was deleted because its language applied
to conditions at the time the Charter went into effect in
January, 1905. (Discussed on 2/28/90 and 8/22/90)
Section 258. Payment of Salaries.
In the fifth line of this section, the words bv its SecretarY
were deleted.
Rationale:
unnecessary.
The language "by its Secretary" was
(Discussed on 2/28/90 and 8/22/90)
deleted,
as
Section 259. Investigations.
In the second line of this paragraph the word "it" was deleted
and replaced with the following words: the Board.
Rationale: "The Board" was substi tuted for
clarification. (Discussed on 2/28/90 and 8/22/90)
"it"
for
ARTICLE XIV - MISCELLANEOUS
Section 270. Fiscal Year. (Previously Section 220)
Rationale: No changes were made in the text of this
However, a new ARTICLE XIV Miscellaneous was created
miscellaneous sections were relocated under this
(Discussed 11/29/90 and 8/22/90)
section.
and all
Article.
Section 271: City Defined. (Previously Section 221)
Rationale: No changes were made in the text of this
However, a new ARTICLE XIV Miscellaneous was created
miscellaneous sections were relocated under this
(Discussed 11/29/89 and 8/22/90)
section.
and all
Article.
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Section 272. Oath of Office.
(Previously Section 222)
Rationale: No changes were made in the text of this
However, a new ARTICLE XIV Miscellaneous was created
miscellaneous sections were relocated under this
(Discussed 11/29/89)
Section 273. Ordinances in Force. (Previously Section 223)
Rationale: No changes were made in the text of this
However, a new ARTICLE XIV Miscellaneous was created
miscellaneous sections were relocated under this
(Discussed 11/19/89)
Section 225. Restrictions on Officers.
This section was deleted.
section.
and all
Article.
section.
and all
Article.
Rationale: This section was deleted as there are very rigid
conflict of interest laws and rules of compatibility that cover
these provisions, which makes this section unnecessary.
(Discussed 11/29/89)
Section 275. Delivery of Property. (Previously Section 226)
Rationale: No changes were made in the text of this
However, a new ARTICLE XIV Miscellaneous was created
miscellaneous sections were relocated under this
(Discussed 11/29/89)
Section 276. Office hours. (Previously Section 227)
Rationale: No changes were made in the text of this
However, a new ARTICLE XIV Miscellaneous was created
miscellaneous sections were relocated under this
(Discussed 11/29/89)
Section 277. Deposit of Honey. (Previously Section 229)
Rationale: No changes were made in the text of this
However, a new ARTICLE XIV Miscellaneous was created
miscellaneous sections were relocated under this
(Discussed 11/29/89)
section.
and all
Article.
section.
and all
Article.
section.
and all
Article.
Section 278. Term of Office. (Previously Section 230)
Section 278 was amended to read as follows: "Every appointive or
elective officer (other than Council oersonsl shall hold office
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during the term prescribed by this Charter, and until his or 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 Ql;:
hln: 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 a successor is chosen at the next
succeeding citv wide municipal election at which time the office
shall be filled for the balance of the term."
Rationales (Other than Council persons) was added because if a
vacancy occurs in the Council, the Mayor would make an
appointment and Council would confirm the appointment. The last
sentence was amended to provide that the position of an elective
office would be chosen at a city wide municipal election, rather
than an election in which only certain wards were voting, and
that a successor was actually chosen, and not subject to a run-
off election. (Discussed 11/29/89 and 8/22/90)
Section 279. Reimbursement for Expenses. (Previously Section
234) Section 279 was amended to read as follows: "Elective
officers shall be entitled to receive reimbursement from funds
budaeted for that ouroose for their necessary expenses while
engaged on Municipal business, including mileage, ("in the City
of San Bernardino" was deleted) such expenses not to exceed the
expenses authorized for other City employees or officers."
Rationale:" from funds budaeted for that puroose" was
added to clarify the source of funds for reimbursement for
expenses and to reinforce Council control over travel expenses.
". . . in the City of San Bernardino" was deleted from the fourth
and fifth lines, so that mileage reimbursement was not limited to
travel within the City limits. (Discussed 11/29/89 and 8/22/90)
Section 280. Public Employees Retirement. (Previously Sections
234 (a) and 234 (b)
Section (a) On the second
replaced by Public.
and fifth lines, "State" was
Section (b) The first word in
the sentence began with ~.
replaced by Public.
the Section "That" was deleted and
In the second line, "'State was
Rationale: These changes were made to correctly identify the
title of the Public Employees Retirement System. The change at
the beginning of Paragraph (b) was a grammatical correction. The
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section change was made because a new ARTICLE XIV Miscellaneous
was created and all miscellaneous sections were relocated under
this Article. (Discussed 8/22/90 and 9/13/90)
Section 234(c) Section 234 (c) regarding taxes for the State
Employees Retirement System was deleted.
Rationale: Section 234 (c) was repealed by voters in June, 1989.
(Discussed 8/22/90)
Section 235.
deleted.
Qualification of Officers.
This section was
Rationale: This section was deleted, as its prov~s~ons are
contained in newly created Sections 61 and 71. (Discussed
11/29/89 and 8/22/90)
Section 238. Power to Reject Bids and Re-Advertise.
section was deleted.
This
Rationale:
guidelines
(Discussed
This section was deleted because current law provides
for the rejection of bids and re-advertising.
11/29/89 and 8/22/90)
Section 240. Taking or Damaging Private Property. This section
was deleted.
Rationale:
may acquire
any of its
deleted as
1/10/90 and
Government Code Section 37350.5 provides that "A City
by eminent domain any property necessary to carry out
powers or functions." Therefore, the section was
beinl;1 unnecessary. (Discussed 11/29/89, 12/13/89,
8/22/90)
Section 281.
241.
Employment of Legal Counsel.
(Previously Section
Rationale: No changes were made in the text of this
However, a new ARTICLE XIV Miscellaneous was created
miscellaneous sections were relocated under this
(Discussed 11/29/89 and 8/22/90)
section.
and all
Article.
Section 282. Qualification of City Employees and appointment.
(Previously Section 242)
Rationale:
However, a
No changes were made in the text of this section.
new ARTICLE XIV Miscellaneous was created and all
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miscellaneous sections were relocated under this Article.
(Discussed 8/22/90)
Section 283.
244)
When Charter takes effect.
(Previously Section
Rationale: No changes were made in the text of this
However, a new ARTICLE XIV Miscellaneous was created
miscellaneous sections were relocated under this
(Discussed 8/22/90)
section.
and all
Article.
* * * * * * * * * *
Note:
The Committee discussed the City Manager Form of
Government on 6/28/89, 1/24/90 and 4/25/90.
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