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HomeMy WebLinkAbout27- City Manager CITY OF SAN BERNA"INO—REQUEST FOR COUNCIL A!GIUG I p V�A L From: Charles McNeely, City Manager Subject: Resolutions of the Mayor and f Common Council to place a Charter Dept: City Manager's Office amendment to (1) make the City Attorney, City Clerk, and City Treasurer appointed Date July 27, 2010 positions (2) allow for greater flexibility in the employment of additional legal services; and, (3) add professional qualification requirements for the positions of City Clerk and City Treasurer on the November 2010 ballot for voter approval. Meeting Date: August 2, 2010 Synopsis of Previous Council Action June 30, 2010 — The Mayor and Common Council direct staff to prepare language for a Charter amendment to make the City Clerk,City Treasurer and City Attorney appointed positions. July 6, 2010- The Mayor and Common Council authorize the City Manager to retain outside legal counsel for the preparation of documents required to place a ballot measure on the November 2, 2010 ballot pertaining to a charter amendment; and that all duties normally performed by the City Clerk relative to this matter be performed by the County Registrar of Voters. Recommended Motion: Adopt Resolutions. SijoatuV Contact Person: Debra Kurita, Phone: 384-5122 Assistant City Manager Supporting Data Attached: Staff Report,Reso A, Reso B Ward: All FUNDING REQUIREMENTS: AMOUNT: $110,000 for conducting the election and $16,250 for direct charges by the Registrar of Voters. Finance: CouncilNotes: —We5o f -2,0!0 -..�6 'f Agenda Item No. a-7 :�-� !0 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolutions of the Mayor and Common Council to place a Charter amendment to (1)make the City Attorney, City Clerk, and City Treasurer appointed positions (2) allow for greater flexibility in the employment of additional legal services; and, (3) add professional qualification requirements for the positions of City Clerk and City Treasurer on the November 2010 ballot for voter approval. Background: On June 30, 2010, Councilmember Marquez made a motion that was approved by the City Council to place a proposed Charter change that would make the positions of the City Attorney, City Clerk and City Treasurer appointed positions on the November 2010 ballot for voter approval. As the maker of the motion, Councilmember Marquez brought forward suggested charter language for consideration of the Mayor and Common Council at the meeting of July 6, 2010. At that meeting the Mayor and Common Council approved the language and directed the City Manager to retain outside legal counsel to prepare the necessary documents and to request the San Bernardino County Registrar of Voters to perform the pre-election activities normally completed by the City Clerk. Consistent with Council direction and consent of the City Attorney, I have retained the legal services of the law firm of Best Best and Krieger LLP to prepare the necessary documents. Further, staff contacted the Registrar of Voters who has agreed to perform the pre-election services. In order to place the measure on the ballot, the Mayor and Common Council must adopt two resolutions: one ordering the submission of the proposed amendment to the City Charter to the electors, and one requesting that the special election be consolidated with the Statewide general election and requesting services from the county Registrar of Voters for the processing and conducting of the election. Given the proposed charter amendments approved by the Mayor and Common Council, legal counsel has incorporated the following ballot measure language into the resolutions: Shall the Charter of the City of San Bernardino be amended to (1) make the City Attorney, City Clerk, and City Treasurer appointed, rather than elected positions; (2) allow for greater flexibility in the employment of additional legal services; and, (3) add professional qualification requirements for the positions of City Clerk and City Treasurer? Financial Impact: The San Bernardino County Registrar of Voters provided an estimate of $110,000 to place this measure on the November ballot and $16,250 for direct charges for performing the pre-election processing. These funds are budgeted in the City Clerk's account for elections. Recommendation: The following actions are necessary in order to place a charter amendment on the November 2, 2010 ballot: A. Approve the attached resolution(A) ordering a special election on November 2, 2010 for the submission of the proposed amendment to make the City Attorney, City Clerk and City Treasurer appointed positions to the voters; and B. Approve the attached resolution (B) requesting the consolidation of the special election with the Statewide general election and requesting the services of the Registrar of Voters to conduct and perform the pre-election processing for the measure. Staff Report—Charter Amendments ATTACHMENT A 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCI F THE CITY OF SAN 4 BERNARDINO, CALIFORNIA, ORDERING THE SUB ZION OF A PROPOSED 5 AMENDMENT TO THE CITY CHARTER TO THE CTORS OF SAID CITY AT A 6 SPECIAL MUNICIPAL ELECTION TO BE HEL IN SAID CITY ON NOVEMBER 2, 7 2010 8 9 BE IT RESOLVED BY TH YOR AND COMMON COUNCIL 10 OF THE CITY OF SAN BERNARDI AS FOLLOWS: 11 12 FINDINGS: 13 14 WHEREAS,purs t to authority provided by Section 3 of Article XI of the 15 Constitution and Division 9, hapter 3,Article 3 (commencing at § 9255) of the Election Code of 16 the State of California, and itle 4,Division 2,Chapter 2, Section 34458 of the Government Code 17 of the State of California, a legislative body of the City of San Bernardino desires to submit to 18 the qualified electors of aid City a certain proposed amendment to the Charter of the City of San 19 Bernardino relating to harter Sections 14, 55, 60, 70, and 241, and 20 21 WHERE , § 9255(a) of the Election Code of the State of California requires a 22 proposed charter am dment be submitted to the voters at either the next regular general 23 municipal election or at a special municipal election called for that purpose occurring not less 24 than 88 days after the date of the order of election, and 25 26 WHEREAS,pursuant to authority provided by state statute,the Charter of the City of 27 San Bernardino, and § 9255(a)of the Election Code of the State of California,the Common 28 f- 1 Council of the City of San Bernardino is authorized to hold a special municipal election to submit 2 the proposed charter amendment to the voters, and 3 4 WHEREAS, it is desirable that the charter amendment measure be presented for the 5 consideration of the voters at a special municipal election on November 2, 2010, which date is not 6 less than 88 days after the date of adoption of this resolution. 7 8 SECTION 1. That,pursuant to Section 3 of Article XI of the California Constitution 9 and § 9255(a)(2)of the Election Code of the State of California, it is hereby ordered that the 10 following ballot measure proposing an amendment to the Charter of the City of San Bernardino 1l be submitted to the qualified electors of said City at a special municipal election to be held in said 12 City on November 2, 2010: 13 14 15 Measure YES 16 Shall the Charter of the City of San Bernardino be amended to (1)make the City Attorney, City Clerk and 17 City Treasurer appointed, rather than elected positions; (2) allow for greater flexibility in the employment of 18 additional legal services; and, (3) add professional qualification requirements for the positions of City NO 19 Clerk and City Treasurer? 20 21 SECTION 2. Should said question be approved by the requisite vote,the measure 22 attached hereto as Exhibit `A' and incorporated by this reference shall be enacted. 23 24 SECTION 3. Because the proposed measure affects the organization of the offices of 25 the City Attorney and the City Clerk, the City Manager shall cause the preparation of an impartial 26 analysis of the measure,which shall be filed by the date set by the San Bernardino Country 27 Registrar of Voters for the filing of arguments. 28 - 2 - 1 SECTION 4. That the notice of the time and place of holding the election is hereby 2 given and the San Bernardino County Registrar of Voters is hereby authorized, instructed and 3 directed to give further or additional notice of the election, in such time, form and manner as 4 required by law. 5 6 SECTION 5. The polls of each election shall be open at seven o'clock a.m. of the day 7 of said election and shall remain open continuously from that time until eight o'clock p.m. of the 8 same day when said polls shall be closed, except as provided in Section 14401 of the Election 9 Code of the State of California. 10 11 SECTION 6. That the City Clerk is hereby directed to file a certified copy of this 12 resolution with the Board of Supervisors and the San Bernardino County Registrar of Voters. 13 14 SECTION 7. That the City Clerk shall certify to the passage and adoption of this 15 resolution and enter it into the book of original resolutions. 16 17 SECTION 8. In all particulars not recited in this resolution,the election shall be held 18 and conducted as provided by law for holding municipal elections in this City. 19 20 SECTION 9. The City Clerk, City Manager and Special Counsel are hereby 21 authorized and directed,jointly and severally,to do any and all things and to execute and deliver 22 any and all documents which they may deem necessary or advisable in order to effectuate the 23 purpose of this Resolution, and such actions previously taken by such officers are hereby ratified 24 and confirmed. 25 26 SECTION 10. If any provision of this Resolution or the application thereof to any 27 person or circumstance is held invalid, such invalidity shall not affect other provisions or 28 applications of the Resolution which can be given effect without the invalid provision or - 3 - I application, and to this end the provisions of this Resolution are severable. The Common Council 2 hereby declares that it would have adopted this Resolution irrespective of the invalidity of any 3 particular portion thereof. 4 5 SECTION 11. This Resolution shall take effect upon adoption. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- A I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSED 3 AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF SAID CITY AT A 4 SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 5 2010 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 8 and Council of the City of San Bernardino at a meeting thereof,held on the 9 day of 2010,by the following vote,to wit: 10 11 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 12 MARQUEZ 13 DESJARDINS 14 BRINKER 15 SHORETT 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 Rachel Clark,City Clerk 21 22 The foregoing Resolution is hereby approved this day of 12010. 23 PATRICK J. MORRIS, Mayor 24 City of San Bernardino 25 Approved as to form: 26 PIERO DALLARDA 27 Special Counsel 28 By: 5 - I Exhibit A 2 3 SECTION 1. Section 14 of the Charter of the City of San Bernardino is amended to read: 4 "Section 14. Officers and Terms. There shall be elected at its general election in 1996 and every 5 fourth year thereafter, four members of the Common Council, one each from the Third, Fifth, 6 Sixth and Seventh Wards, who shall have been qualified electors and residents of their respective 7 wards for at least thirty(30)consecutive days next preceding the date of filing of their nomination 8 papers for the office and who shall be elected by the qualified electors of their respective wards 9 for a term of four years commencing on the first Monday in March next succeeding such election. 10 There shall be elected at the general election in 1998 and every fourth year thereafter, a Mayor 11 who shall be elected at large for a term of four years commencing on the first Monday in March 12 next succeeding such election." 13 14 SECTION 2. Section 55 of the Charter of the City of San Bernardino is amended to read: 15 "Section 55. City Attomey-Position-Duties. (a) There is hereby created the position of City 16 Attorney. The City Attorney shall be appointed by and may be removed by the affirmative votes 17 of at least a majority of the total membership of the Common Council with the consent of the 18 Mayor. 19 "(b) To be eligible to hold the position of City Attorney, the person appointed shall be an 20 attorney at law, duly licensed under the laws of the State of California, and shall have been 21 engaged in the practice of law for at least five (5) years prior to appointment. The Mayor and 22 Common Council may establish by ordinance additional professional or educational eligibility 23 requirements for the position of City Attorney. 24 "(c) The City Attorney shall be the chief legal officer of the City; the City Attorney shall 25 represent and advise the Mayor and Common Council and all City officers in all matters of law 26 pertaining to their offices; the City Attorney shall represent and appear for the City in all legal 27 actions brought by or against the City, and prosecute violations of City ordinances, and may 28 prosecute violations of state law which are misdemeanors or infractions and for which the City - 6 - I Attorney is specifically granted the power of enforcement by state law without approval of the I 2 District Attorney, or those violations which are drug or vice related; the City Attorney shall also 3 act and appear as attorney for any City officer or employee who is a party to any legal action in 4 his or her official capacity; the City Attorney shall attend meetings of the Mayor and Common 5 Council, draft proposed ordinances and resolutions, as requested by Mayor or Common Council, 6 give professional advice or professional opinions in writing when requested to do so by the 7 Mayor or Common Council or other City official upon any matter pertaining to municipal affairs; 8 and otherwise to do and perform all services incident to the position of City Attorney and 9 required by statute,this Charter or general law. 10 "(d) The Mayor and Common Council shall have control of all legal business and 11 proceedings. The salary of the City Attorney shall be fixed by the Mayor and Common Council. 12 The City Attorney shall be provided with office space and equipment, and clerical help by the 13 City." 14 15 SECTION 3. Section 60 of the Charter of the City of San Bernardino is amended to read: 16 "Section 60. City Clerk-Position-Duties. (a) There is hereby created the position of City Clerk. 17 The City Clerk shall be appointed by and may be removed by the affirmative votes of at least a 18 majority of the total membership of the Common Council with the consent of the Mayor. 19 "(b) To be eligible to hold the position of City Clerk, the person appointed shall be a 20 Certified Municipal Clerk in accordance with the International Institute of Municipal Clerks. The 21 Mayor and Common Council may establish by ordinance additional professional or educational 22 eligibility requirements for the position of City Clerk. 23 "(c) The duties of the City Clerk shall be to keep the corporate seal and all books, papers, 24 records and other documents belonging to the Office of the City Clerk, attend all meetings of the 25 Mayor and Common Council and keep a journal of the proceedings. The City Clerk shall have 26 full power and authority to take all affidavits and administer all oaths necessary in the transaction 27 of city business, but shall make no charge therefor. The City Clerk's official books and records 28 shall be kept properly indexed and be open to public inspection during office hours. The City - 7 - I Clerk shall number and keep a record of all demands allowed and certified to the City Clerk, 2 showing the date of approval, to whom the same is allowed, the nature of the claim, and the fund 3 out of which the same is payable. The City Clerk shall issue all licenses and countersign all 4 warrants on the City Treasury, except warrants of the boards, and shall do and perform all other 5 acts required of the City Clerk by this Charter, or by ordinance, or by the Mayor and Common 6 Council. 7 "(d) The salary of the City Clerk shall be fixed by the Mayor and Common Council. The 8 City Clerk shall be provided with office space and equipment, and clerical help by the City." 9 10 SECTION 4. Section 70 of the Charter of the City of San Bernardino is amended to read: 11 "Section 70. City Treasurer-Position-Duties. (a) There is hereby created the position of City 12 Treasurer. The City Treasurer shall be appointed by and may be removed by the affirmative 13 votes of at least a majority of the total membership of the Common Council with the consent of 14 the Mayor. 15 "(b) To be eligible to hold the position of City Treasurer, the person appointed shall be a 16 certified public accountant, duly licensed under the laws of the State of California, prior to 17 appointment. The Mayor and Common Council may establish by ordinance additional 18 professional or educational eligibility requirements for the position of City Treasurer. 19 "(c) The City Treasurer shall receive and pay out all moneys belonging to the City, and 20 shall keep an account of all receipts and expenditures, under such rules and regulations as may be 21 prescribed. The City Treasurer shall make a monthly statement to the Mayor and Common 22 Council of the receipts and expenditures of the preceding month, and shall perform all duties 23 required of the City Treasurer by law and by the Mayor and the Common Council. The City 24 Treasurer shall not pay out any monies belonging to the City except on claims presented, allowed 25 and submitted in the manner provided by this Charter. 26 "(d)The salary of the City Treasurer shall be fixed by the Mayor and Common Council. The City 27 Treasurer shall be provided with office space and equipment, and clerical help by the City." 28 - 8 - I SECTION 5. Section 241 of the Charter of the City of San Bernardino is amended to read: 2 "Section 241. Employment of Legal Counsel. The Mayor and Common Council shall 3 have power and authority to employ and engage such legal counsel and services and other 4 assistants, as may be necessary and proper for the interest and benefit of the City and the 5 inhabitants thereof." 6 7 SECTION 6. This amendment to the Charter of the City of San Bernardino, and each and every 8 section and provision hereof, shall take effect by March 1, 2011. 9 10 SECTION 7. This amendment to the Charter of the City of San Bernardino is severable, and, if 11 any sentence, section or other part of this charter amendment should be found to be invalid, such 12 invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in 13 full force and effect. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 9 - ATTACHMENT B 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 4 BERNARDINO, CALIFORNIA, REQUESTING THE BOARD OF SU RVISORS OF 5 THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A SP CIAL MUNICIPAL 6 ELECTION TO BE HELD ON TUESDAY NOVEMBE 2, 2010, WITH THE 7 STATEWIDE GENERAL ELECTION PURSUANT TO § 403 OF THE ELECTIONS i8 CODE FOR THE SUBMISSION OF A PROPOSED ARTER AMENDMENT AND 9 REQUESTING SERVICES OF THE SAN BERNA INO COUNTY REGISTRAR OF 10 VOTERS FOR THE CONDUCT OF THE ELECT N AND FOR THE PROCESSING OF 11 THE CITY'S PROPOSED MEASURES 12 13 14 BE IT RESOLVED BY THE YOR AND COMMON COUNCIL OF THE 15 CITY OF SAN BERNARDINO AS FOLL S: 16 17 FINDINGS: 18 19 WHEREAS, the Mayor and ommon Council desire to submit certain matters to the 20 City's electorate, and 21 22 WHEREAS,one of those ma ters is a charter amendment which the legislative body 23 of the City of San Bernardino has propo ed pursuant to authority provided by Article XI of the 24 Constitution and Title 4, Division 2, and ivision 9, Chapter 3,Article 3 (commencing at § 9255) 25 of the Election Code of the State of Cali omia, and Title 4, Division 2, Chapter 2, Section 34458 26 of the Government Code of the State of California, and 27 28 WHEREAS,the Common Council of the City of San Bernardino is authorized and - F I directed by statute to submit the proposed charter amendment to the voters as set forth above, and 2 WHEREAS,the Common Council of the City of San Bernardino called a special 3 municipal election to be on November 2, 2010, for the purpose, in part, of submitting to the 4 voters the proposed charter amendment relating to Charter Sections 14, 55, 60, 70, and 241, and 5 6 WHEREAS,it is desirable that the special municipal election be consolidated with the 7 Statewide General Election to be held on the same date and that within the City the precincts, 8 polling places and election officers of the two elections be the same, and that the San Bernardino 9 County Registrar of Voters canvass the retums of the special municipal election and that the 10 election be held in all respects as if there were only one election. 11 12 SECTION 1. That pursuant to the requirements of§ 10403 of the Election Code of 13 the State of California, the Board of Supervisors of the County of San Bernardino is hereby 14 requested to consent and agree to the consolidation of a special municipal election with the 15 Statewide General Election on Tuesday,November 2, 2010. 16 17 SECTION 2. That the following proposed charter amendment be submitted to the 18 voters of the City at the special municipal election to be held on Tuesday,November 2, 2010, 19 together with the Statewide General Election: 20 21 Measure 22 YES 23 Shall the Charter of the City of San Bernardino be amended to (1)make the City Attorney, City Clerk and 24 City Treasurer appointed, rather than elected positions; (2) allow for greater flexibility in the employment of 25 additional legal services; and, (3) add professional qualification requirements for the positions of City NO 26 Clerk and City Treasurer? 27 28 - 2 - 1 2 SECTION 3. Should said question be approved by the requisite vote, the measure 3 attached hereto as Exhibit `A' and incorporated by this reference shall be enacted. 4 5 SECTION 4. That the San Bernardino County Registrar of Voters provide all services 6 necessary to conduct the special election including accepting the filing of arguments, rebuttals 7 and other documents and performing all processing and pre-election responsibilities, and to 8 conduct and canvass the results of the special election. The election shall be held in all respects 9 as if there were only one election, and only one form of ballot shall be used. 10 11 SECTION 5. That the Board of Supervisors is requested to issue instructions to the 12 San Bernardino County Registrar of Voters to take any and all steps necessary for the holding of 13 the consolidated election. 14 15 SECTION 6. That the City of San Bernardino recognizes that additional costs will be 16 incurred by the County by reason of this consolidation and agrees to reimburse the County for 17 any costs. 18 19 SECTION 7. That the City Clerk is hereby directed to file a certified copy of this 20 resolution with the Board of Supervisors and the San Bernardino County Registrar of Voters. 21 22 SECTION S. That the City Clerk shall certify to the passage and adoption of this 23 resolution and enter it into the book of original resolutions. 24 25 SECTION 9. The City Clerk, City Manager and Special Counsel are hereby 26 authorized and directed,jointly and severally,to do any and all things and to execute and deliver 27 any and all documents which they may deem necessary or advisable in order to effectuate the 28 purpose of this Resolution, and such actions previously taken by such officers are hereby ratified - 3 - I and confirmed. 2 SECTION 10. If any provision of this Resolution or the application thereof to any 3 person or circumstance is held invalid, such invalidity shall not affect other provisions or 4 applications of the Resolution which can be given effect without the invalid provision or 5 application, and to this end the provisions of this Resolution are severable. The Common Council 6 hereby declares that it would have adopted this Resolution irrespective of the invalidity of any 7 particular portion thereof. 8 9 SECTION 11. This Resolution shall take effect upon adoption. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF 3 THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A SPECIAL MUNICIPAL 4 ELECTION TO BE HELD ON TUESDAY NOVEMBER 2, 2010, WITH THE 5 STATEWIDE GENERAL ELECTION PURSUANT TO § 10403 OF THE ELECTIONS 6 CODE FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT AND 7 REQUESTING SERVICES OF THE SAN BERNARDINO COUNTY REGISTRAR OF 8 VOTERS FOR THE CONDUCT OF THE ELECTION AND FOR THE PROCESSING OF 9 THE CITY'S PROPOSED MEASURES 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 11 and Council of the City of San Bernardino at a meeting thereof, held on the 12 day of 2010,by the following vote, to wit: 13 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 14 MARQUEZ 15 DESJARDINS 16 BRINKER 17 SHORETT 18 KELLEY 19 JOHNSON 20 MC CAMMACK 21 22 Rachel Clark, City Clerk 23 The foregoing Resolution is hereby approved this day of 2010. 24 25 PATRICK J. MORRIS,Mayor City of San Bernardino 26 Approved as to form: PIERO DALLARDA 27 Special Counsel 28 By: - 5 - I Exhibit A 2 3 SECTION 1. Section 14 of the Charter of the City of San Bernardino is amended to read: 4 "Section 14. Officers and Terms. There shall be elected at its general election in 1996 and every 5 fourth year thereafter, four members of the Common Council, one each from the Third, Fifth, 6 Sixth and Seventh Wards, who shall have been qualified electors and residents of their respective 7 wards for at least thirty(30)consecutive days next preceding the date of filing of their nomination 8 papers for the office and who shall be elected by the qualified electors of their respective wards 9 for a term of four years commencing on the first Monday in March next succeeding such election. 10 There shall be elected at the general election in 1998 and every fourth year thereafter, a Mayor 11 who shall be elected at large for a term of four years commencing on the first Monday in March 12 next succeeding such election." 13 14 SECTION 2. Section 55 of the Charter of the City of San Bernardino is amended to read: 15 "Section 55. City Attomey-Position-Duties. (a) There is hereby created the position of City 16 Attorney. The City Attorney shall be appointed by and may be removed by the affirmative votes 17 of at least a majority of the total membership of the Common Council with the consent of the 18 Mayor. 19 "(b) To be eligible to hold the position of City Attorney, the person appointed shall be an 20 attorney at law, duly licensed under the laws of the State of California, and shall have been 21 engaged in the practice of law for at least five (5) years prior to appointment. The Mayor and 22 Common Council may establish by ordinance additional professional or educational eligibility 23 requirements for the position of City Attorney. 24 "(c) The City Attorney shall be the chief legal officer of the City; the City Attorney shall 25 represent and advise the Mayor and Common Council and all City officers in all matters of law 26 pertaining to their offices; the City Attorney shall represent and appear for the City in all legal 27 actions brought by or against the City, and prosecute violations of City ordinances, and may 28 prosecute violations of state law which are misdemeanors or infractions and for which the City 6- I Attorney is specifically granted the power of enforcement by state law without approval of the 2 District Attorney, or those violations which are drug or vice related; the City Attorney shall also 3 act and appear as attorney for any City officer or employee who is a party to any legal action in 4 his or her official capacity; the City Attorney shall attend meetings of the Mayor and Common 5 Council, draft proposed ordinances and resolutions, as requested by Mayor or Common Council, 6 give professional advice or professional opinions in writing when requested to do so by the 7 Mayor or Common Council or other City official upon any matter pertaining to municipal affairs; 8 and otherwise to do and perform all services incident to the position of City Attorney and 9 required by statute, this Charter or general law. 10 "(d) The Mayor and Common Council shall have control of all legal business and 11 proceedings. The salary of the City Attorney shall be fixed by the Mayor and Common Council. 12 The City Attorney shall be provided with office space and equipment, and clerical help by the 13 City." 14 15 SECTION 3. Section 60 of the Charter of the City of San Bernardino is amended to read: 16 "Section 60. City Clerk-Position-Duties. (a) There is hereby created the position of City Clerk. 17 The City Clerk shall be appointed by and may be removed by the affirmative votes of at least a 18 majority of the total membership of the Common Council with the consent of the Mayor. 19 "(b) To be eligible to hold the position of City Clerk, the person appointed shall be a 20 Certified Municipal Clerk in accordance with the International Institute of Municipal Clerks. The 21 Mayor and Common Council may establish by ordinance additional professional or educational 22 eligibility requirements for the position of City Clerk. 23 "(c) The duties of the City Clerk shall be to keep the corporate seal and all books, papers, 24 records and other documents belonging to the Office of the City Clerk, attend all meetings of the 25 Mayor and Common Council and keep a journal of the proceedings. The City Clerk shall have 26 full power and authority to take all affidavits and administer all oaths necessary in the transaction 27 of city business, but shall make no charge therefor. The City Clerk's official books and records 28 shall be kept properly indexed and be open to public inspection during office hours. The City - 7 - I Clerk shall number and keep a 'record of all demands allowed and certified to the City Clerk, 2 showing the date of approval, to whom the same is allowed, the nature of the claim, and the fund 3 out of which the same is payable. The City Clerk shall issue all licenses and countersign all 4 warrants on the City Treasury, except warrants of the boards, and shall do and perform all other 5 acts required of the City Clerk by this Charter, or by ordinance, or by the Mayor and Common 6 Council. 7 "(d) The salary of the City Clerk shall be fixed by the Mayor and Common Council. The 8 City Clerk shall be provided with office space and equipment, and clerical help by the City." 9 10 SECTION 4. Section 70 of the Charter of the City of San Bernardino is amended to read: 11 "Section 70. City Treasurer-Position-Duties. (a) There is hereby created the position of City 12 Treasurer. The City Treasurer shall be appointed by and may be removed by the affirmative 13 votes of at least a majority of the total membership of the Common Council with the consent of 14 the Mayor. 15 "(b) To be eligible to hold the position of City Treasurer, the person appointed shall be a 16 certified public accountant, duly licensed under the laws of the State of California, prior to 17 appointment. The Mayor and Common Council may establish by ordinance additional 18 professional or educational eligibility requirements for the position of City Treasurer. 19 "(c) The City Treasurer shall receive and pay out all moneys belonging to the City, and 20 shall keep an account of all receipts and expenditures, under such rules and regulations as may be 21 prescribed. The City Treasurer shall make a monthly statement to the Mayor and Common 22 Council of the receipts and expenditures of the preceding month, and shall perform all duties 23 required of the City Treasurer by law and by the Mayor and the Common Council. The City 24 Treasurer shall not pay out any monies belonging to the City except on claims presented, allowed 25 and submitted in the manner provided by this Charter. 26 "(d)The salary of the City Treasurer shall be fixed by the Mayor and Common Council. The City 27 Treasurer shall be provided with office space and equipment, and clerical help by the City." 28 - 8 - I SECTION 5. Section 241 of the Charter of the City of San Bernardino is amended to read: 2 "Section 241. Employment of Legal Counsel. The Mayor and Common Council shall 3 have power and authority to employ and engage such legal counsel and services and other 4 assistants, as may be necessary and proper for the interest and benefit of the City and the 5 inhabitants thereof." 6 7 SECTION 6. This amendment to the Charter of the City of San Bernardino, and each and every 8 section and provision hereof, shall take effect by March 1,2011. 9 10 SECTION 7. This amendment to the Charter of the City of San Bernardino is severable, and, if 11 any sentence, section or other part of this charter amendment should be found to be invalid, such 12 invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in 13 full force and effect. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 9 - 1 RESOLUTION NO. Copy 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 4 BERNARDINO, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSED 5 AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF SAID CITY AT A 6 SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 7 2010 8 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 10 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 12 FINDINGS: 13 14 WHEREAS,pursuant to authority provided by Section 3 of Article XI of the 15 Constitution and Division 9, Chapter 3, Article 3 (commencing at § 9255) of the Election Code of 16 the State of California,and Title 4,Division 2, Chapter 2, Section 34458 of the Government Code 17 of the State of California,the legislative body of the City of San Bernardino desires to submit to 18 the qualified electors of said City a certain proposed amendment to the Charter of the City of San 19 Bernardino relating to Charter Sections 14, 55,60,70, and 241, and 20 21 WHEREAS, § 9255(a) of the Election Code of the State of California requires a 22 proposed charter amendment be submitted to the voters at either the next regular general 23 municipal election or at a special municipal election called for that purpose occurring not less 24 than 88 days after the date of the order of election, and 25 26 WHEREAS,pursuant to authority provided by state statute,the Charter of the City of 27 San Bernardino, and § 9255(a)of the Election Code of the State of California,the Common 28 I Council of the City of San Bernardino is authorized to hold a special municipal election to submit 2 the proposed charter amendment to the voters, and 3 4 WHEREAS, it is desirable that the charter amendment measure be presented for the 5 consideration of the voters at a special municipal election on November 2, 2010,which date is not 6 less than 88 days after the date of adoption of this resolution. 7 8 SECTION 1. That, pursuant to Section 3 of Article XI of the California Constitution 9 and § 9255(a)(2)of the Election Code of the State of California,it is hereby ordered that the 10 following ballot measure proposing an amendment to the Charter of the City of San Bernardino 11 be submitted to the qualified electors of said City at a special municipal election to be held in said 12 City on November 2, 2010: 13 14 15 Measure YES 16 Shall the Charter of the City of San Bernardino be amended to (1) make the City Attorney, City Clerk and 17 City Treasurer appointed, rather than elected positions; (2) allow for greater flexibility in the employment of 18 additional legal services; and, (3) add professional qualification requirements for the positions of City NO 19 Clerk and City Treasurer? 20 21 SECTION 2. Should said question be approved by the requisite vote,the measure 22 attached hereto as Exhibit `A' and incorporated by this reference shall be enacted. 23 24 SECTION 3. Because the proposed measure affects the organization of the offices of 25 the City Attorney and the City Clerk, the City Manager shall cause the preparation of an impartial 26 analysis of the measure, which shall be filed by the date set by the San Bernardino Country 27 Registrar of Voters for the filing of arguments. 28 - 2 - I SECTION 4. That the notice of the time and place of holding the election is hereby 2 given and the San Bernardino County Registrar of Voters is hereby authorized, instructed and 3 directed to give further or additional notice of the election, in such time, form and manner as 4 required by law. 5 6 SECTION 5. The polls of each election shall be open at seven o'clock a.m. of the day 7 of said election and shall remain open continuously from that time until eight o'clock p.m. of the 8 same day when said polls shall be closed, except as provided in Section 14401 of the Election 9 Code of the State of California. 10 11 SECTION 6. That the City Clerk is hereby directed to file a certified copy of this 12 resolution with the Board of Supervisors and the San Bernardino County Registrar of Voters. 13 14 SECTION 7. That the City Clerk shall certify to the passage and adoption of this 15 resolution and enter it into the book of original resolutions. 16 17 SECTION 8. In all particulars not recited in this resolution,the election shall be held 18 and conducted as provided by law for holding municipal elections in this City. 19 20 SECTION 9. The City Clerk, City Manager and Special Counsel are hereby 21 authorized and directed,jointly and severally,to do any and all things and to execute and deliver 22 any and all documents which they may deem necessary or advisable in order to effectuate the 23 purpose of this Resolution, and such actions previously taken by such officers are hereby ratified 24 and confirmed. 25 26 SECTION 10. If any provision of this Resolution or the application thereof to any 27 person or circumstance is held invalid, such invalidity shall not affect other provisions or 28 applications of the Resolution which can be given effect without the invalid provision or 3 - I application, and to this end the provisions of this Resolution are severable. The Common Council 2 hereby declares that it would have adopted this Resolution irrespective of the invalidity of any 3 particular portion thereof. 4 5 SECTION 11. This Resolution shall take effect upon adoption. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4 - I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSED 3 AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF SAID CITY AT A 4 SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 5 2010 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 8 and Council of the City of San Bernardino at a meeting thereof, held on the 9 day of 2010,by the following vote,to wit: 10 11 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 12 MARQUEZ 13 DESJARDINS 14 BRINKER 15 SHORETT 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 21 Rachel Clark, City Clerk 22 The foregoing Resolution is hereby approved this day of ,2010. 23 PATRICK J. MORRIS, Mayor 24 City of San Bernardino 25 Approved as to form: 26 PIERO DALLARDA Special Counsel G� i 27 /l �_�/v/tic/J/ 28 By 5 - I Exhibit A 2 3 SECTION 1. Section 14 of the Charter of the City of San Bernardino is amended to read: 4 "Section 14. Officers and Terms. There shall be elected at its general election in 1996 and every 5 fourth year thereafter, four members of the Common Council, one each from the Third, Fifth, 6 Sixth and Seventh Wards, who shall have been qualified electors and residents of their respective 7 wards for at least thirty (30) consecutive days next preceding the date of filing of their nomination 8 papers for the office and who shall be elected by the qualified electors of their respective wards 9 for a term of four years commencing on the first Monday in March next succeeding such election. 10 There shall be elected at the general election in 1998 and every fourth year thereafter, a Mayor 11 who shall be elected at large for a term of four years commencing on the first Monday in March 12 next succeeding such election." 13 14 SECTION 2. Section 55 of the Charter of the City of San Bernardino is amended to read: 15 "Section 55. City Attorney-Position-Duties. (a) There is hereby created the position of City 16 Attorney. The City Attorney shall be appointed by and may be removed by the affirmative votes 17 of at least a majority of the total membership of the Common Council with the consent of the 18 Mayor. 19 "(b) To be eligible to hold the position of City Attorney, the person appointed shall be an 20 attorney at law, duly licensed under the laws of the State of California, and shall have been 21 engaged in the practice of law for at least five (5) years prior to appointment. The Mayor and 22 Common Council may establish by ordinance additional professional or educational eligibility 23 requirements for the position of City Attorney. 24 "(c) The City Attorney shall be the chief legal officer of the City; the City Attorney shall 25 represent and advise the Mayor and Common Council and all City officers in all matters of law 26 pertaining to their offices; the City Attorney shall represent and appear for the City in all legal 27 actions brought by or against the City, and prosecute violations of City ordinances, and may 28 prosecute violations of state law which are misdemeanors or infractions and for which the City - 6- I Attorney is specifically granted the power of enforcement by state law without approval of the 2 District Attorney, or those violations which are drug or vice related; the City Attorney shall also 3 act and appear as attorney for any City officer or employee who is a party to any legal action in 4 his or her official capacity; the City Attorney shall attend meetings of the Mayor and Common 5 Council, draft proposed ordinances and resolutions, as requested by Mayor or Common Council, 6 give professional advice or professional opinions in writing when requested to do so by the 7 Mayor or Common Council or other City official upon any matter pertaining to municipal affairs; 8 and otherwise to do and perform all services incident to the position of City Attorney and 9 required by statute,this Charter or general law. 10 "(d) The Mayor and Common Council shall have control of all legal business and 11 proceedings. The salary of the City Attorney shall be fixed by the Mayor and Common Council. 12 The City Attorney shall be provided with office space and equipment, and clerical help by the 13 City." 14 15 SECTION 3. Section 60 of the Charter of the City of San Bernardino is amended to read: 16 "Section 60. City Clerk-Position-Duties. (a) There is hereby created the position of City Clerk. 17 The City Clerk shall be appointed by and may be removed by the affirmative votes of at least a 18 majority of the total membership of the Common Council with the consent of the Mayor. 19 "(b) To be eligible to hold the position of City Clerk, the person appointed shall be a 20 Certified Municipal Clerk in accordance with the International Institute of Municipal Clerks. The 21 Mayor and Common Council may establish by ordinance additional professional or educational 22 eligibility requirements for the position of City Clerk. 23 "(c) The duties of the City Clerk shall be to keep the corporate seal and all books, papers, 24 records and other documents belonging to the Office of the City Clerk, attend all meetings of the 25 Mayor and Common Council and keep a journal of the proceedings. The City Clerk shall have 26 full power and authority to take all affidavits and administer all oaths necessary in the transaction 27 of city business, but shall make no charge therefor. The City Clerk's official books and records 28 shall be kept properly indexed and be open to public inspection during office hours. The City - 7 - I Clerk shall number and keep a record of all demands allowed and certified to the City Clerk, 2 showing the date of approval, to whom the same is allowed,the nature of the claim, and the fund 3 out of which the same is payable. The City Clerk shall issue all licenses and countersign all 4 warrants on the City Treasury, except warrants of the boards, and shall do and perform all other 5 acts required of the City Clerk by this Charter, or by ordinance, or by the Mayor and Common 6 Council. 7 "(d) The salary of the City Clerk shall be fixed by the Mayor and Common Council. The 8 City Clerk shall be provided with office space and equipment, and clerical help by the City." 9 10 SECTION 4. Section 70 of the Charter of the City of San Bernardino is amended to read: 11 "Section 70. City Treasurer-Position-Duties. (a) There is hereby created the position of City 12 Treasurer. The City Treasurer shall be appointed by and may be removed by the affirmative 13 votes of at least a majority of the total membership of the Common Council with the consent of 14 the Mayor. 15 "(b) To be eligible to hold the position of City Treasurer, the person appointed shall be a 16 certified public accountant, duly licensed under the laws of the State of California, prior to 17 appointment. The Mayor and Common Council may establish by ordinance additional 18 professional or educational eligibility requirements for the position of City Treasurer. 19 "(c) The City Treasurer shall receive and pay out all moneys belonging to the City, and 20 shall keep an account of all receipts and expenditures, under such rules and regulations as may be 21 prescribed. The City Treasurer shall make a monthly statement to the Mayor and Common 22 Council of the receipts and expenditures of the preceding month, and shall perform all duties 23 required of the City Treasurer by law and by the Mayor and the Common Council. The City 24 Treasurer shall not pay out any monies belonging to the City except on claims presented, allowed 25 and submitted in the manner provided by this Charter. 26 "(d)The salary of the City Treasurer shall be fixed by the Mayor and Common Council. The City 27 Treasurer shall be provided with office space and equipment, and clerical help by the City." 28 - 8 - I SECTION 5. Section 241 of the Charter of the City of San Bernardino is amended to read: 2 "Section 241. Employment of Legal Counsel. The Mayor and Common Council shall 3 have power and authority to employ and engage such legal counsel and services and other 4 assistants, as may be necessary and proper for the interest and benefit of the City and the 5 inhabitants thereof." 6 7 SECTION 6. This amendment to the Charter of the City of San Bernardino, and each and every 8 section and provision hereof,shall take effect on March 1,2011. 9 10 SECTION 7. This amendment to the Charter of the City of San Bernardino is severable, and, if 11 any sentence, section or other part of this charter amendment should be found to be invalid, such 12 invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in 13 full force and effect. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 9 - I RESOLUTION NO. COPY 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 4 BERNARDINO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF 5 THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A SPECIAL MUNICIPAL 6 ELECTION TO BE HELD ON TUESDAY NOVEMBER 2, 2010, WITH THE 7 STATEWIDE GENERAL ELECTION PURSUANT TO § 10403 OF THE ELECTIONS 8 CODE FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT AND 9 REQUESTING SERVICES OF THE SAN BERNARDINO COUNTY REGISTRAR OF 10 VOTERS FOR THE CONDUCT OF THE ELECTION AND FOR THE PROCESSING OF 1 I THE CITY'S PROPOSED MEASURES 12 13 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 15 CITY OF SAN BERNARDINO AS FOLLOWS: 16 17 FINDINGS: 18 19 WHEREAS,the Mayor and Common Council desire to submit certain matters to the 20 City's electorate, and 21 22 WHEREAS,one of those matters is a charter amendment which the legislative body 23 of the City of San Bernardino has proposed pursuant to authority provided by Article XI of the 24 Constitution and Title 4, Division 2, and Division 9, Chapter 3, Article 3 (commencing at § 9255) 25 of the Election Code of the State of California,and Title 4, Division 2, Chapter 2, Section 34458 26 of the Government Code of the State of California, and 27 28 WHEREAS,the Common Council of the City of San Bernardino is authorized and I directed by statute to submit the proposed charter amendment to the voters as set forth above, and 2 WHEREAS,the Common Council of the City of San Bernardino called a special 3 municipal election to be held on November 2,2010, for the purpose, in part,of submitting to the 4 voters the proposed charter amendment relating to Charter Sections 14, 55, 60, 70, and 241, and 5 6 WHEREAS,it is desirable that the special municipal election be consolidated with the 7 Statewide General Election to be held on the same date and that within the City the precincts, 8 polling places and election officers of the two elections be the same, and that the San Bernardino 9 County Registrar of Voters canvass the returns of the special municipal election and that the 10 election be held in all respects as if there were only one election. 11 12 SECTION 1. That pursuant to the requirements of§ 10403 of the Election Code of 13 the State of California,the Board of Supervisors of the County of San Bernardino is hereby 14 requested to consent and agree to the consolidation of a special municipal election with the 15 Statewide General Election on Tuesday,November 2, 2010. 16 17 SECTION 2. That the following proposed charter amendment be submitted to the 18 voters of the City at the special municipal election to be held on Tuesday,November 2, 2010, 19 together with the Statewide General Election: 20 21 Measure 22 YES 23 Shall the Charter of the City of San Bernardino be amended to(1) make the City Attorney, City Clerk and 24 City Treasurer appointed, rather than elected positions; (2) allow for greater flexibility in the employment of 25 additional legal services; and, (3) add professional qualification requirements for the positions of City NO 26 Clerk and City Treasurer? 27 28 -2 - 1 2 SECTION 3. Should said question be approved by the requisite vote,the measure 3 attached hereto as Exhibit `A' and incorporated by this reference shall be enacted. 4 5 SECTION 4. That the San Bernardino County Registrar of Voters provide all services 6 necessary to conduct the special election including accepting the filing of arguments,rebuttals 7 and other documents and performing all processing and pre-election responsibilities, and to 8 conduct and canvass the results of the special election. The election shall be held in all respects 9 as if there were only one election,and only one form of ballot shall be used. 10 11 SECTION 5. That the Board of Supervisors is requested to issue instructions to the 12 San Bernardino County Registrar of Voters to take any and all steps necessary for the holding of 13 the consolidated election. 14 15 SECTION 6. That the City of San Bernardino recognizes that additional costs will be 16 incurred by the County by reason of this consolidation and agrees to reimburse the County for 17 any costs. 18 19 SECTION 7. That the City Clerk is hereby directed to file a certified copy of this 20 resolution with the Board of Supervisors and the San Bernardino County Registrar of Voters. 21 22 SECTION 8. That the City Clerk shall certify to the passage and adoption of this 23 resolution and enter it into the book of original resolutions. 24 25 SECTION 9. The City Clerk, City Manager and Special Counsel are hereby 26 authorized and directed,jointly and severally, to do any and all things and to execute and deliver 27 any and all documents which they may deem necessary or advisable in order to effectuate the 28 purpose of this Resolution, and such actions previously taken by such officers are hereby ratified - 3 - I and confirmed. 2 SECTION 10. If any provision of this Resolution or the application thereof to any 3 person or circumstance is held invalid, such invalidity shall not affect other provisions or 4 applications of the Resolution which can be given effect without the invalid provision or 5 application, and to this end the provisions of this Resolution are severable. The Common Council 6 hereby declares that it would have adopted this Resolution irrespective of the invalidity of any 7 particular portion thereof. 8 9 SECTION 11.This Resolution shall take effect upon adoption. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF 3 THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A SPECIAL MUNICIPAL 4 ELECTION TO BE HELD ON TUESDAY NOVEMBER 2, 2010, WITH THE 5 STATEWIDE GENERAL ELECTION PURSUANT TO § 10403 OF THE ELECTIONS 6 CODE FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT AND 7 REQUESTING SERVICES OF THE SAN BERNARDINO COUNTY REGISTRAR OF 8 VOTERS FOR THE CONDUCT OF THE ELECTION AND FOR THE PROCESSING OF 9 THE CITY'S PROPOSED MEASURES 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 11 and Council of the City of San Bernardino at a meeting thereof, held on the 12 day of 2010,by the following vote,to wit: 13 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 14 MARQUEZ 15 DESJARDINS 16 BRINKER 17 SHORETT 18 KELLEY 19 JOHNSON 20 MC CAMMACK 21 22 Rachel Clark, City Clerk 23 The foregoing Resolution is hereby approved this day of , 2010. 24 25 PATRICK J. MORRIS,Mayor City of San Bernardino 26 Approved as to form: PIERO DALLARD 27 Special Co 28 B - 5 - I Exhibit A 2 3 SECTION 1. Section 14 of the Charter of the City of San Bernardino is amended to read: 4 "Section 14. Officers and Terms. There shall be elected at its general election in 1996 and every 5 fourth year thereafter, four members of the Common Council, one each from the Third, Fifth, 6 Sixth and Seventh Wards, who shall have been qualified electors and residents of their respective 7 wards for at least thirty(30) consecutive days next preceding the date of filing of their nomination 8 papers for the office and who shall be elected by the qualified electors of their respective wards 9 for a term of four years commencing on the first Monday in March next succeeding such election. 10 There shall be elected at the general election in 1998 and every fourth year thereafter, a Mayor 11 who shall be elected at large for a term of four years commencing on the first Monday in March 12 next succeeding such election." 13 14 SECTION 2. Section 55 of the Charter of the City of San Bernardino is amended to read: 15 "Section 55. City Attorney-Position-Duties. (a) There is hereby created the position of City 16 Attorney. The City Attorney shall be appointed by and may be removed by the affirmative votes 17 of at least a majority of the total membership of the Common Council with the consent of the 18 Mayor. 19 "(b) To be eligible to hold the position of City Attorney, the person appointed shall be an 20 attorney at law, duly licensed under the laws of the State of California, and shall have been 21 engaged in the practice of law for at least five (5) years prior to appointment. The Mayor and 22 Common Council may establish by ordinance additional professional or educational eligibility 23 requirements for the position of City Attorney. 24 "(c) The City Attorney shall be the chief legal officer of the City; the City Attorney shall 25 represent and advise the Mayor and Common Council and all City officers in all matters of law 26 pertaining to their offices; the City Attorney shall represent and appear for the City in all legal 27 actions brought by or against the City, and prosecute violations of City ordinances, and may 28 1 prosecute violations of state law which are misdemeanors or infractions and for which the City -6 - I Attorney is specifically granted the power of enforcement by state law without approval of the 2 District Attorney, or those violations which are drug or vice related; the City Attorney shall also 3 act and appear as attorney for any City officer or employee who is a party to any legal action in 4 his or her official capacity; the City Attorney shall attend meetings of the Mayor and Common 5 Council, draft proposed ordinances and resolutions, as requested by Mayor or Common Council, 6 give professional advice or professional opinions in writing when requested to do so by the 7 Mayor or Common Council or other City official upon any matter pertaining to municipal affairs; 8 and otherwise to do and perform all services incident to the position of City Attorney and 9 required by statute,this Charter or general law. 10 "(d) The Mayor and Common Council shall have control of all legal business and I 1 proceedings. The salary of the City Attorney shall be fixed by the Mayor and Common Council. 12 The City Attorney shall be provided with office space and equipment, and clerical help by the 13 City." 14 15 SECTION 3. Section 60 of the Charter of the City of San Bernardino is amended to read: 16 "Section 60. City Clerk-Position-Duties. (a) There is hereby created the position of City Clerk. 17 The City Clerk shall be appointed by and may be removed by the affirmative votes of at least a 18 majority of the total membership of the Common Council with the consent of the Mayor. 19 "(b) To be eligible to hold the position of City Clerk, the person appointed shall be a 20 Certified Municipal Clerk in accordance with the International Institute of Municipal Clerks. The 21 Mayor and Common Council may establish by ordinance additional professional or educational 22 eligibility requirements for the position of City Clerk. 23 "(c) The duties of the City Clerk shall be to keep the corporate seal and all books, papers, 24 records and other documents belonging to the Office of the City Clerk, attend all meetings of the 25 Mayor and Common Council and keep a journal of the proceedings. The City Clerk shall have 26 full power and authority to take all affidavits and administer all oaths necessary in the transaction 27 of city business, but shall make no charge therefor. The City Clerk's official books and records 28 shall be kept properly indexed and be open to public inspection during office hours. The City - 7 - I Clerk shall number and keep a record of all demands allowed and certified to the City Clerk, 2 showing the date of approval, to whom the same is allowed, the nature of the claim, and the fund 3 out of which the same is payable. The City Clerk shall issue all licenses and countersign all 4 warrants on the City Treasury, except warrants of the boards, and shall do and perform all other 5 acts required of the City Clerk by this Charter, or by ordinance, or by the Mayor and Common 6 Council. 7 "(d) The salary of the City Clerk shall be fixed by the Mayor and Common Council. The 8 City Clerk shall be provided with office space and equipment, and clerical help by the City." 9 10 SECTION 4. Section 70 of the Charter of the City of San Bernardino is amended to read: 11 "Section 70. City Treasurer-Position-Duties. (a) There is hereby created the position of City 12 Treasurer. The City Treasurer shall be appointed by and may be removed by the affirmative 13 votes of at least a majority of the total membership of the Common Council with the consent of 14 the Mayor. 15 "(b) To be eligible to hold the position of City Treasurer, the person appointed shall be a 16 certified public accountant, duly licensed under the laws of the State of California, prior to 17 appointment. The Mayor and Common Council may establish by ordinance additional 18 professional or educational eligibility requirements for the position of City Treasurer. 19 "(c) The City Treasurer shall receive and pay out all moneys belonging to the City, and 20 shall keep an account of all receipts and expenditures, under such rules and regulations as may be 21 prescribed. The City Treasurer shall make a monthly statement to the Mayor and Common 22 Council of the receipts and expenditures of the preceding month, and shall perform all duties 23 required of the City Treasurer by law and by the Mayor and the Common Council. The City 24 Treasurer shall not pay out any monies belonging to the City except on claims presented, allowed 25 and submitted in the manner provided by this Charter. 26 "(d)The salary of the City Treasurer shall be fixed by the Mayor and Common Council. The City 27 Treasurer shall be provided with office space and equipment, and clerical help by the City." 28 - 8 - I SECTION 5. Section 241 of the Charter of the City of San Bernardino is amended to read: 2 "Section 241. Employment of Legal Counsel. The Mayor and Common Council shall 3 have power and authority to employ and engage such legal counsel and services and other 4 assistants, as may be necessary and proper for the interest and benefit of the City and the 5 inhabitants thereof." 6 7 SECTION 6. This amendment to the Charter of the City of San Bernardino, and each and every 8 section and provision hereof, shall take effect on March 1,2011. 9 10 SECTION 7. This amendment to the Charter of the City of San Bernardino is severable, and, if 11 any sentence, section or other part of this charter amendment should be found to be invalid, such 12 invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in 13 full force and effect. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 9 -