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HomeMy WebLinkAbout01- Proposed Charter (See Companion Resos. 2000-232, 2000-233 2000-247) COPV 1 RESOLUTION NO. 2000-231 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION 3 ON A PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE 4 CONSOLIDATED WITH THE NOVEMBER 7,2000 STATEWIDE PRESIDENTIAL GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recitals. 8 (a) In accordance with the Constitution of the State of California, the City of San 9 Bernardino, a municipal corporation, has adopted a Charter. 10 (b) The Mayor and Common Council of the City of San Bernardino desire to submit to 1 1 the qualified electors for their consideration a new Charter for the City of San Bernardino, a copy 12 of which is attached hereto and is hereby incorporated herein as though fully set forth. 13 SECTION 2. Special Municipal Election Called. A special municipal election is hereby 14 called and will be held in the City of San Bernardino on Tuesday,November 7,2000, for the purpose 15 of voting on the adoption of a new Charter for the City of San Bernardino. 16 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the 17 Elections Code, the Mayor and Common Council of the City of San Bernardino request that the 18 Board of Supervisors of the County of San Bernardino consolidate the City's special municipal 19 election with the statewide presidential general election to be held on Tuesday, November 7, 2000. 20 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall 21 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be 22 closed, except as provided in Section 14401 of the California Elections Code. 23 SECTION 4. Canvass of Returns. The Registrar of Voters of the County of San 24 Bernardino is hereby authorized to canvass the returns of the special municipal election so called and 25 to conduct the special municipal election in all respects as if there were only one election with only 26 one form of ballot. Results of the special municipal election shall be certified to the Mayor and 27 Common Council of the City of San Bernardino. 28 / / / I I R icalChartcO.Res� I 1 RESOLUTION NO. 2000-231 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION 3 ON A PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE 4 CONSOLIDATED WITH THE NOVEMBER 7,2000 STATEWIDE PRESIDENTIAL 5 GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 6 SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice of 7 the special municipal election which shall contain the following: 8 A. The time of the election. 9 B. The Charter measure to be voted upon. 10 C. The hours the polls will be open. 1 1 SECTION 6. Conduct of Election. The special municipal election so called shall be held 12 in such precincts and at such polling places as shall be determined by the Registrar of Voters of the 13 County of San Bernardino. The Board of Supervisors of the County of San Bernardino is hereby 14 requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding 15 of the consolidated election. The Mayor is hereby authorized to execute a contract for the services 16 necessary for conducting the special municipal election. The City of San Bernardino recognizes that 17 additional costs will be incurred by the County by reasons of this consolidation and agrees to 18 reimburse the County for any such costs. 19 SECTION 7. Filing of Resolution. The City Clerk of the City of San Bernardino is 20 directed to file a certified copy of this resolution with the Board of Supervisors of the County of San 21 Bernardino. 22 23 24 25 26 27 28 I ITC/ealCharterlResl 2 1 RESOLUTION NO.1000-231 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION I 5 ON A PROPOSED NEW CITY CHARTER AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE t CONSOLIDATED WITH THE NOVEMBER 7,2000 STATEWIDE PRESIDENTIAL GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a Joint Special meeting thereof, held on K 4th day of August , 2000, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT I0 ESTRADA x I LIEN x 12 MCGINNIS x 15 SCHNETZ x 14 SUAREZ x 15 ANDERSON x 10 MCCAMMACK x 17 19 QTY CLERK ?0 The foregoing resolution is hereby approved this �` ` ' day of August_ 2000 t J D H VALLES, Mayor -)3 it of San Bernardino 24 Approved as to form and 25 legal Content: 26 JAMES F. PENMAN, City Attorney 27 28 t('har1cr3.1Rcsj 3 (See Companion Resos. 2000-231, 2000-233, 2000-247) 'a 1 RESOLUTION NO. 2000-232 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING A NEW CHARTER. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. Recitals. 7 (a) In accordance with the Constitution of the State of California, the City of San 8 Bernardino. a municipal corporation, has adopted a Charter. 9 f h) The Mayor and Common Council of the City of San Bernardino desire to submit to 10 the qualified electors for their consideration a new Charter for the City of San Bernardino, a copy 11 of which is attached hereto and is hereby incorporated herein as though fully set forth. 12 SECTION 2. Submittal to Electors. The attached proposed new Charter of the City of San 1 3 Bernardino is submitted to the qualified electors of the City of San Bernardino for their approval or 14 rejection at the consolidated special municipal election to be held on Tuesday, November 7, 2000. 15 If approved by the qualified electors, upon the Adoption Date, the provisions of the new Charter 16 shall be in full force and effect under the law. The current Charter is hereby repealed by operation 17 of law upon the Adoption Date, except that (1) Charter Section 41 is not repealed nor otherwise 18 amended by the new Charter and said Charter Section 41 shall continue in full force and effect in the 19 new Charter numbered as Section 2003 (System for Assessment, Levy, and Collection of Taxes); 20 (2) Charter Section 134 and Charter Sections 160 through 171, inclusive, are not repealed nor 21 otherwise amended by the new Charter and said Charter Section 134 and Charter Sections 160 22 through 171, inclusive, shall continue in full force and effect in the new Charter numbered as 23 Sections 1200 through 1212, inclusive, in Article XII (Water Department); and(3) Charter Sections 24 190, 191 and 192 are not repealed nor otherwise amended by the new Charter and said Charter 25 Sections 190. 191 and 192 shall continue in full force and effect in the new Charter numbered as 26 Sections 1400, 1401 and 1402 in Article X IV. 27 PROPOSED NEW CHARTER. 28 It is proposed that the proposed new Charter submitted by the Mayor and Common Council HTC/ea I charter.res] ` 2000-232 1 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING A NEW CHARTER. 3 of the City of San Bernardino, attached hereto, be adopted by the qualified electors of the City of San 4 Bernardino as the Charter of the City of San Bernardino. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a Joint Special meeting thereof, held on 7 4th day of August , 2000, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTIZADA x 10 LIEN x 11 MCGINNIS x 12 SCHNETZ x l3 SUAREZ x 14 ANDERSON x 15 MCCAMMACK x 16 17 r4 ; l 18 CITY CLERK 19 The foregoing resolution is hereby approved this day of August 2000. JUDITH VAI L S, Mayor 72 City of San ernardino 2, 24 Approved as to form and legal Content: TAMES F. PENMAN, 26 City Attorney 27 28 By: „y I R/ alcharter.res� (See Companion Resos. 2000-231, 2000- 00-247) 1 RESOLUTION NO. 2000-233 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW 3 CHARTER. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recital. 7 A. This Resolution has been adopted by the Mayor and Common Council of the City of 8 San Bernardino on the date of August 4 . 2000 submitting to the qualified electors of the City 9 of San Bernardino a proposed new Charter, a copy of which is attached hereto as Exhibit A and is 10 hereby incorporated herein as though fully set forth. 1 1 SECTION 2. Request for Consolidation of Elections. Pursuant to Section 10400 of the 12 Elections Code, the Mayor and Common Council of the City of San Bernardino have previously 13 requested by Resolution No. 2000-231 that the Board of Supervisors of the County of San 14 Bernardino consolidate the City's special municipal election with the statewide presidential general 15 election to be held on Tuesday, November 7, 2000. 16 SECTION 3. Measure. The measure to be voted on at the consolidated special municipal 17 election as it is to appear on the ballot shall be as follows: 18 19 ADOPTION OF NEW CHARTER FOR THE CITY OF Yes [ ] SAN BERNARDINO. CHARTER MEASURE 20 Shall a new Charter be adopted for the City of San Bernardino? No [ 21 The measure shall be designated on the ballot by a letter printed on the left margin of the 24 square containing the description of the measure as provided in the Elections Code of the State of California. 75 26 SECTION 4. Canvass of Returns by Board of Supervisors. Pursuant to Resolution No. 27 2000-231 , the Board of Supervisors of the County of San Bernardino has been authorized to 28 canvass the returns of the consolidated special municipal election and to conduct the consolidated I I I C/calCharter?_ResI 2000-233 1 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW CHARTER. 3 special municipal election in all respects as if there were only one election with only one form of 4 ballot. 5 Results of the special municipal election shall be certified to the Mayor and Common Council of the 6 City of San Bernardino. 7 SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice of 8 the special municipal election which shall contain the following: 9 A. The date of election; 10 B. That the last day for receipt of primary arguments for or against the measure has been 11 established as 4:30 p.m. on August 18, 2000 in the City Clerk's Office, Second Floor, City Hall, 300 12 North "D" Street. San Bernardino, California; 13 C. That the last day for receipt of rebuttal arguments is 4:30 p.m. on August 25, 2000 14 in the City Clerk's Office at the above location. 15 The City Clerk is directed to accept arguments and arrange for sample ballots, which shall 16 include the text of the proposed new Charter, in accordance with the Elections Code. 17 This notice may be combined with a notice of any other municipal election to be held on the 18 same date. 19 SECTION 6. Conduct of Election. Pursuant to Resolution No. 2000-231 , the 20 consolidated special municipal election shall be held in such precincts and at such polling places as 21 shall be determined by the Registrar of Voters of the County of San Bernardino. The Board of 22 Supervisors of the County of San Bernardino has been requested to issue instructions to the Registrar 23 of Voters to take all steps necessary for the holding of the consolidated election. The Mayor has 24 been authorized to execute a contract for the services necessary for conducting the municipal 25 election. 26 SECTION 7. Filing of Resolution. The City Clerk of the City of San Bernardino is 27 directed to file a certified copy of this resolution with the Board of Supervisors of the County of San 28 Bernardino. I Il C/eaIC'haricr2.Res� 2000-233 1 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED NEW 2 CHARTER. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a Joint special meeting thereof, held on i 4th day of August 2000, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 FSTRADA X 8 I,IFN X 9 MCGINNIS x 10 SCHNETZ x 11 SUAREZ x 12 ANDERSON x 13 MCCAMMACK x 14 1 {t f� CITY CLERK 16 17 The foregoing resolution is hereby approved this day of August_______.' 2000. 18 ' ,IUDIf H LLES, Mayor 20 Git Y;�f San Bernardino 21 � Approved as to form and :i 22 legal Content: 23 .LAMES F. PENMAN, City Attorney 24 25 By: 26 27 28 111('calChartcI2.Rcs� SAN BERNARDINO CITY CHARTER SUMMARY OF CHANGES 08/04/00 Sec. 100. Name and Boundaries. Addition - Line 4: (A map of the existing boundaries is included in the appendix.) Sec. 302. Eligibility to hold office. Deletion—Line 2: at least twenty-five (25)years of age Sec. 303. Term of Office. Deletion—Line 4: said runoff election is held Addition—Line 4: at which the election results are certified. Sec. 304. Powers. Addition—Line 13: Council Deletion—Line 13: upon other than constitutional grounds Sec. 305. Ordinances, resolutions and orders. Letter D. Addition—Line 6: Common Letter E. Addition—Line 2: or Deletion—Line 3: is overridden Addition—Line 3: expires Sec. 401. Eligibilty to hold office. Deletion—Line 2: at least thirty (30)years of age Sec. 402. Term of Office. Addition—Line 4: at which the election results are certified Deletion—Line 5: the month following said election. Sec.403. Powers and duties. Letter A. Deletion—Line 2: Shall 1 Letter D. Addition — Line 2: "except employees serving at the pleasure of an elected official or other city officer." Letter E. Moved—Line 1 to Line 2 & 3: "subject to the personnel system adopted pursuant to this Charter." Sec. 404. Mayor Pro-Tempore. Deletion—Line 2: "one (1)" Addition—Line 2: added comma after remove and added "a" Sec. 405. City Administrator. Addition—Line 2: "notwithstanding any other section of this Charter" Sec. 409. Fire Department—Membership. Deletion—Line 2: "Engineer" Addition—Line 2: "Fire" Sec. 501. Eligibility to hold office. Deletion—Line 2: "at least thirty (30)years of age" Sec. 502. Term of Office. Addition—Line 4: "at which the election results are certified" Deletion—Line 5: "the month following said election" Sec. 503. Deputy City Clerks and other employees. Deletion—Line 1: "Subject to budgetary constraints," Sec. 602. Deputy City Attorneys and other employees. Deletion—Line 1: "Subject to budgetary constraints," Addition—Lines 4 & 5: "All Deputy City Attorneys and other employees shall serve at the pleasure of the City Attorney." Sec. 603. Duties. Letter D. Deletion—Line 1: "Upon request of an off ce or employee or former officer or employee of the City" Addition—Line 2: "all city" 2 Letter E. Addition—Line 3: "and for which the City Attorney is specifically granted the power of enforcement by state law or those violations which are drug or vice related." Sec. 902. Filling vacancy in the Office of the Mayor. Deletion—Line 2: "serve as" Addition—Line 2: "become" Sec. 1002. Special municipal elections. Deletion—Line 9: "the month following the month in which the special election is held." Addition—Lines 8 & 9: "at which the election results are certified." Sec. 1101. Initiative. Deletion—Line 6: "thirty percent(30%)" Addition—Line 6: "twenty-five percent(25%)" Sec. 1102 Referendum. Deletion—Line 8: "thirty percent(30%)" Addition—Line 8: "twenty-five percent(25%)" Art. XIII Board of Water Commissioners. Addition—Line 1: "Article Reserved" Sec. 1300. Creation. (Section Reserved) Sec. 1301. Membership (Section Reserved) Sec. 1302. Powers and Duties A-G (Section Reserved) Sec. 1303. Ordinances to enforce rules and regulations (Section Reserved) Sec. 1304. Water Fund. (Section Reserved) Sec. 1305. Transfer of Funds (Section Reserved) Sec. 1306. Deposit of monies in sewer fund. (Section Reserved) Sec. 1307. (Section Reserved) 3 Sec. 1308. (Section Reserved) Sec. 1309. (Section Reserved) Sec. 1310. (Section Reserved) Sec. 1311. (Section Reserved) Sec. 1312. (Section Reserved) Sec. 1401. Membership. Deletion—Line 3: "at least twenty-five (25)years of age and" Art. XV. Board of Education. Addition—Line 1: "Article XV Reserved" Sec. 1500. Creation. (Section Reserved) Sec. 1501. State law governs. (Section Reserved) Sec. 1502. Effect of charter. (Section Reserved) Sec. 1601. Powers and duties. Deletion in Title: "and duties" Deletion— Line 1: "and duties" Sec. 1701. Duties and procedure. Addition—Line 6: "receive" Sec. 1800. Creation. Addition—Line 8: "Members of the Salary Committee shall serve on a voluntary basis." Sec. 1802. Effective date of changes in compensation. Deletion—Line 1: "officer" Addition—Line 1: "official" Deletion—Line 3: "officer" Addition—Line 3: "official" 4 Sec. 2001. Civil Service Board of Appeals. Deletion—Line 4: "at least twenty-five (25)years of age and" Sec. 2201. Officers, employees, boards, and commissions. Letter D. Board of Water Commissioners (Section Reserved) Sec. 2202 C. Salary of City Clerk. Deletion—Line 3: "other elected officials" Sec. 2205. Sunset of previous Section 186. Change of Title: "Safety Employees'Salaries" Deletion—Line 5: "will sunset" Addition—Line 5: "shall immediately cease to have any force and effect" Addition—Lines 6-9: and the expiration of the current labor contracts. In the event SB402 or similar legislation is repealed the City of San Bernardino shall maintain in effect the rules and regulations contained in SB402 or any similar binding arbitration action from the State." Sec. 2206. Previous charter sections treated as ordinances. Deletion of following Sections: Section 134;Section 161;Section 162; Section 165;Section 166,Section 167;Section 168;Section 169;Section 170 Sec. 2207. Effectiveness and repeal of former charter. Addition — Lines 8-15: "The former Charter is hereby repealed except that (1) Charter Section 134 and Charter Sections 160 through 171, inclusive, are not repealed nor otherwise amended by this Charter and said Charter Section 134 and Charter Sections 160 through 171, inclusive, shall continue in full force and effect in this Charter numbered as Sections 1300 through 1312, inclusive, in Article XIII (Water Department); (2) Charter Sections 190, 191 and 192 are not repealed nor otherwise amended by this Charter and said Charter Sections 190, 191, and 192 shall continue in full force and effect in this Charter numbered as Sections 1500, 1501 and 1502 in Article XV. Sec. 2301. Official Bonds. Deletion—Line 2: "and" 5 Deletion—Line 3: "and" Sec. 2302. Conflicts of interest and ethics. Addition—Line 3: "Unless otherwise required by law," Sec. 2306. Violation of charter. Entire paragraph deleted. New paragraph: "The Mayor and Common Council may prescribe by ordinance which provisions, if any, of the Charter, if violated would constitute a punishable offense and may further prescribe the nature of the offense and the penalty for such violation." 6 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 SAN BERNARDINO CITY CHARTER PREAMBLE. We, the citizens of San Bernardino, do hereby establish this Charter to promote economic, environmental, and cultural prosperity throughout our community; to enable our city government to meet the needs of the people effectively and efficiently; to provide for accountability and ethics in public service; and to ensure equality of opportunity for every resident. ARTICLE I. INCORPORATION AND SUCCESSION. Sec. 100. Name and Boundaries. The municipal corporation now existing and known as the City of San Bernardino shall remain and continue as a municipal corporation under its same name. The boundaries of the City shall be the boundaries as established at the time this Charter is adopted, or as the boundaries may be changed thereafter in the manner authorized by law. (A map of the existing boundaries is included in the appendix.) Sec. 101. Succession to rights, property, and liabilities. The City shall remain vested with all rights and privileges of every kind and nature vested in the City at the time this Charter is adopted. The City shall continue to own, possess, and control all property of every kind and nature owned, possessed, or controlled by the City at the time this Charter is adopted. The adoption of this Charter shall not abrogate, limit, or otherwise affect any existing debt, obligation, contract, lawsuit, or other liability on behalf of or against the City. ARTICLE II. POWERS OF CITY. Sec. 200. Generally. The City shall have all powers and rights possible for a charter city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter, subject only to the limitations contained in this Charter. The City shall have the power to make and enforce all laws and regulations regarding municipal affairs, subject only to such restrictions and limitations that may be provided in this Charter or the Constitution of the State of California. The City shall have the power and may act pursuant to any procedure established by state law, unless a different procedure is established by this Charter or by ordinance of the City. The powers and rights of the City shall be construed liberally and in favor of the City, and the enumeration of any particular power or right in this Charter shall not be construed to be exclusive of, or as any limitation on, the general powers or rights granted in this article. PAGE 1 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 201. Intergovernmental actions. The City may exercise any of its powers or perform any of its functions, and may participate in the financing thereof,jointly or in cooperation, by contract or otherwise, with any one or more cities, counties, states, foreign countries or civil divisions or agencies thereof, or the United States or any of its agencies. ARTICLE III. LEGISLATIVE BRANCH. Sec. 300. Common Council. There is hereby created the Common Council to exercise the powers provided for the Common Council in this Charter. The Common Council shall be comprised of seven (7) elected offices, the members of which shall be elected from wards by the voters in the ward, in the manner provided in this Charter. Sec. 301. Creation of Wards. The City shall be divided by ordinance into seven (7) wards, designated as First Ward, Second Ward, Third Ward, Fourth Ward, Fifth Ward, Sixth Ward, and Seventh Ward. The boundaries of the wards shall be reviewed at least every ten (10) years upon completion of the federal decennial census or more frequently as may be determined necessary. Boundary changes shall not be made more than once in any two (2) year period nor within ninety (90) days of any general municipal election. The boundaries of each ward shall be adjusted by the Common Council as necessary to provide for substantially equal numbers of residents in each ward. Boundary adjustments during the term of any member of the Common Council shall not result in the loss of any member's eligibility to hold office during such term. In establishing or changing the boundaries of the wards, consideration shall be given, but is not limited, to the following factors: continuity, integrity, cohesiveness, and compactness of territory; ^^mmunitie ^� intff@St; eNiStiRgReishbOF-14e4ds and eAKANF-Runity and general topography and geography. Sec. 302. Eligibility to hold office. To be eligible to hold office as a member of the Common Council, a person must be a citizen of the United States, a qualified elector of the City, ,.: 10aSf .,.,_tit.. i:.,e (45) ,effFs Ofog,,y and a resident of the ward from which the person is elected. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. Sec. 303. Term of office. Members of the Common Council shall be elected to serve for a term of four (4) years. The term shall begin on the first meeting of the Common Council in March following the Councilmember's election, or if the Councilmember is elected at a run-off election, then on the PAGE 2 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 first meeting at which the election results are certified. "4--are-h A-r the .,°ar 4 .,h t#e-ma*4 held. The term shall continue until a successor is elected and qualifies. Sec. 304. Powers. Except as otherwise provided in this Charter, all legislative powers of the City are vested in the Common Council. All legislative power of the Common Council shall be exercised by ordinance or resolution, subject to the approval of the Mayor as set forth in this Charter. All other powers of the Common Council may be exercised by order or resolution, where not inconsistent with this Charter or ordinances of the City, and subject to the approval of the Mayor as set forth in this Charter. Upon the affirmative vote of at least five (5) members of the Common Council, the Common Council may make formal investigations into the affairs of the City, or the conduct of any city department, office, agency, board, or commission by compelling the attendance and testimony of city employees, officers, or other persons, or by compelling the production of documents or evidence. Upon the affirmative vote of at least five (5) members of the Common Council, the Common Council may issue subpoenas in the name of the City, which shall be attested to by the City Clerk. Disobedience of a subpoena issued by the Common Council , shall constitute a misdemeanor and shall be punished in the same manner as violations of this Charter are punished. Sec. 305. Ordinances, resolutions, and orders. No order, except to adjourn for lack of quorum or compel the attendance of a quorum, and no ordinance, or resolution, shall be valid unless it receives the affirmative vote of at least four(4) members of the Common Council. A. Procedures. Except as expressly provided in this Charter, the requirements for the introduction, consideration, adoption, and effective date of ordinances, including all publication and notice requirements, shall be governed by state law. B. Approval by Mayor. Except as expressly provided in this Charter, no ordinance, resolution, or order shall take effect without the approval of the Mayor. For orders, the approval of the Mayor is presumed unless at the meeting at which the order is passed, the Mayor announces disapproval and the reasons therefor. All ordinances and resolutions must be submitted in final form to the Mayor for approval. The Mayor's approval of an ordinance or resolution is presumed unless within five (5) business days from the date of submittal, the Mayor disapproves the ordinance or resolution and provides written reasons therefor. Approval of the Mayor shall not be required for emergency ordinances or quasi-judicial decisions of the Common Council. C. Override by Common Council. Any ordinance or resolution disapproved by the Mayor, shall take effect as if approved by the Mayor, upon the affirmative vote of at least five (5) members of the Common Council no later than the next regularly scheduled meeting of the PAGE 3 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Common Council after the Mayor's disapproval. Any order of the Common Council disapproved by the Mayor, shall take effect as if approved by the Mayor, upon the affirmative vote of at least five (5) members of the Common Council at the same meeting of the Common Council at which the order is disapproved. D. Approval and override in Community Development Commission. When pursuant to state law, the Mayor and Common Council have designated themselves as the Community Development Commission of the City, the Mayor shall have the power of approval of all orders and resolutions of the Commission, in the same manner as the Mayor has in the City, subject to the power of the Commission to override any disapproval, in the same manner as the Common Council has in the City. E. Date of adoption. For ordinances and resolutions, the date of final adoption shall be deemed the earlier of the date of approval by the Mayor, or the date when the time for the Mayor's disapproval expires. , ^r-tlge d t° the Mayer-'s disappy-eva is ,:aa°^ by t>,° r°-4m9H Ggune;'. For orders of the Common Council, of n th°s° cases wh@Fe t''° Mayer-'s appr-aval is r°t r°°,,:,°a, the date of final adoption shall be deemed the date of adoption by the Common Council. Sec. 306. Committees of the Common Council. The Common Council may by ordinance or resolution establish committees composed of less than a quorum of the Common Council, to assist the Common Council in exercising its powers. The role of the committees is to become fully informed of the business of the City and to report to the Common Council any information or recommendations necessary to enable the Common Council to properly legislate. Approval of the Mayor pursuant to Section 305 of this Charter shall not be required for any action of the Common Council under this section. Sec. 307. Communication with management. For purposes of inquiry and discussion related to management and administration of the City, matters related to constituents, and pending legislative matters, members of the Common Council may communicate with the City Administrator, department heads, agency heads, or other officers of the City. Members of the Common Council shall have no power to give any orders, publicly or privately, to the City Administrator or any subordinate of the Mayor, or to any department or agency head, or subordinate of the department or agency head; nor shall members of the Common Council attempt to coerce or improperly influence the letting of any contract, purchase of supplies, or any other administrative action. Members of the Common Council shall have no power to order any subordinate of the Mayor, department head, agency head, or other officer, either directly or indirectly, to appoint, employ, discipline, demote, suspend, or dismiss any employee of the City. Sec. 308. Meetings. Except as expressly provided in this Charter, the notice, conduct, and procedures for all PAGE 4 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 meetings of the Common Council shall be governed by state law. The Common Council shall provide by resolution for the order of business and the rules of procedure for the conduct of meetings of the Common Council. The time and place of the regular meetings of the Common Council shall be established by ordinance of the City. Special meetings may be called by the Mayor or a majority of the members of the Common Council. A majority of all members of the Common Council shall constitute a quorum to do business. The Common Council may establish rules for conduct of its meetings and proceedings, and may order the removal of any member or other person for disrupting the meeting or failing to comply with orders of the person presiding at the meeting. Except for procedural motions or motions approved by unanimous vote, the ayes and noes of all votes of the Common Council shall be recorded and entered in the minutes of the meeting. Sec. 309. Mayor to preside. The Mayor shall preside at all meetings of the Common Council, but shall not be entitled to vote. In the absence of the Mayor, the Mayor Pro-Tempore shall preside, shall have the same power as the Mayor to disapprove any order of the Common Council, and shall retain the right to vote as a member of the Common Council. In the absence of both the Mayor and the Mayor Pro- Tempore, the Common Council may choose one (1) member of the Common Council to preside, who shall retain the right to vote as a member of the Common Council but shall not have the power to disapprove orders of the Common Council. Sec. 310. Employees of Common Council. Notwithstanding any other provision of this Charter, the Common Council may appoint, discipline, remove, and prescribe qualifications and duties for employees that directly serve the Common Council. Approval of the Mayor, pursuant to Section 305 of this Charter, shall not be required for any action of the Common Council under this section. ARTICLE IV. EXECUTIVE BRANCH. Sec. 400. The Mayor. There is hereby created the Office of the Mayor to exercise the powers and duties provided for the Mayor in this Charter. The person elected to hold the Office of the Mayor shall be elected by the voters of the City, in the manner provided in this Charter, and shall devote his or her entire time to the duties of the office. Sec. 401. Eligibility to hold office. To be eligible to hold the Office of the Mayor, a person must be a citizen of the United States, a qualified elector of the City, , and a resident of the City. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. PAGE 5 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 402. Term of office. The person elected to hold the Office of the Mayor shall be elected to serve for a term of four (4) years. The term shall begin on the first meeting of the Common Council in March following the Mayor's election, or if the Mayor is elected at a run-off election, then on the first meeting at which the election results are certified. �14Rrsh A€ the—yew in white oIo^* ^Q iq >,oia The term shall continue until a successor is IMM elected and qualifies. Sec. 403. Powers and duties. Except as otherwise provided in this Charter, management and administrative authority of the City is vested in the Mayor, who shall be the Chief Executive Officer of the City. The Mayor shall be accountable to the People for the proper and efficient administration of all affairs of the City, for providing leadership and taking issues to the People, and for marshaling public interest in and support for municipal activity. The Mayor shall execute, uphold and cause the enforcement of all laws and ordinances of the City. In fulfilling the obligations of the office, the Mayor shall specifically, but not by way of limitation, have the power and duty to: A. , 4-m-e- ie-ass-eve -all jepai4 r°entsl ageneies, alid eMp16TeOs Af ! ;* Sho Vifzilantly observe the official conduct of all public officers, and take notice of the fidelity and exactitude, or the want thereof, with which they execute their duties and obligations, especially in the collection, administration, and disbursement of public funds and property. Any defamation or willful neglect of duty or official misconduct which may be reported or discovered by the Mayor shall be laid before the Common Council in order that public interests may be protected and the person in default proceeded against according to law. B. Appoint, discipline, remove, and prescribe qualifications and duties for employees of the Office of the Mayor, as may be needed to perform the duties and carry out the responsibilities of that office. C. Appoint and prescribe qualifications and duties for department heads, agency heads, and other non-elected officers of the City, subject to confirmation by the Common Council.. t, D. Discipline and remove from office with 2/3 council approval any department head, agency head, or other non-elected officer of the City, except employees serving at the pleasure of an elected official or other city officer. E. Approve or disapprove, within five (5) business days, the appointment, discipline, or removal of an employee appointed by any department head, agency head, or PAGE 6 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 other non-elected officer of the City, subject to the personnel system adopted pursuant to this Charter. F. Ensure that all contracts and agreements with the City are faithfully kept and fully performed. G. Make recommendations to the Common Council concerning the affairs of the City and, at least once per year, publicly address the Common Council on the state of the City. H. Actively promote economic development to broaden and strengthen the commercial and employment base of the City. I. Prepare and submit an annual budget for the City to the Common Council for consideration, and keep the Common Council fully advised as to the financial condition and future needs of the City. J. Represent the City in all intergovernmental relations and for all ceremonial purposes. K. Declare a local emergency and coordinate the City's emergency response activities in accordance with procedures established by ordinance. L. Issue executive orders in writing, to establish procedures and implement policies consistent with this Charter and ordinances of the City. Any executive order or amendment thereof may be rescinded by an affirmative vote of at least five (5) members of the Common Council. M. Perform other duties and functions as are specified in this Charter or by ordinances of the City. Sec. 404. Mayor Pro-Tempore. The Mayor shall appoint, within a reasonable time after commencement of the Mayor's term of office and subject to confirmation by the Common Council, and may remove, a one W member of the Common Council to serve as the Mayor Pro-Tempore. When the Mayor is unable to perform the duties of the Office of the Mayor, the Mayor Pro-Tempore shall have all powers and duties of the Mayor, and shall retain the right to vote as a member of the Common Council, until the Mayor is able to perform the duties or until the Common Council declares the Office of the Mayor vacant. If the Mayor Pro-Tempore fills a vacancy in the Office of the Mayor pursuant to Section 902 of this Charter, the Mayor Pro-Tempore serving as the Mayor shall appoint a Mayor Pro-Tempore in accordance with this section. PAGE 7 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 405. City Administrator. There is hereby created the position of the City Administrator. The Mayor shall appoint, subject to confirmation by the Common Council, and notwithstanding any other section of this Charter may remove the City Administrator. The City Administrator shall be a person of demonstrated administrative ability with experience in a responsible, executive capacity and shall be selected on the basis of executive and administrative qualifications. The City Administrator shall have at least five (5) years of experience as the administrative head or assistant administrative head of a city, or equivalent experience in the direction and supervision of other government or private business activities of comparable importance and magnitude. The City Administrator shall work under the direct supervision of the Mayor, and shall be responsible to the Mayor for administrative matters of the City not otherwise assigned in this Charter. The specific duties, responsibilities, and functions of the City Administrator shall be established, defined, and altered by executive order of the Mayor. Sec. 406. Police and Fire Departments. There is hereby created the Police and Fire Departments which shall be under the control and management of the Mayor. Sec. 407. Police Department—Membership. The Police Department shall consist of a Chief of Police, and such officers and other police officers as the Mayor and Common Council may from time to time determine. Sec. 408. Chief of Police—Duties. The Mayor shall appoint a Chief of Police, subject to the approval of the Common Council. The Chief of Police shall have the powers and duties that are now or may hereafter be conferred upon chiefs of police by the laws of the State, and such powers and duties shall in all respects be promptly executed by police officers and authorized personnel in the Police Department. The Chief of Police shall enforce the laws of the State and the ordinances of said City, and shall arrest all persons suspected of violations of the same. The Chief of Police shall also have charge of the City Jail, of all prisoners and of all those who are sentenced to labor upon public streets, public works or other places of said City and shall execute and enforce all orders and sentences in reference thereto; and shall perform such other duties as may be prescribed by the Mayor and Common Council. Sec. 409. Fire Department—Membership. The Fire Department shall consist of a Fire Chief FmgiHee and as many assistants and other employees as the Mayor and Common Council may determine. PAGE 8 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08103100 CCO 3RD REVISION: 08/04/00 ARTICLE V. CITY CLERK. Sec. 500. The City Clerk. There is hereby created the Office of the City Clerk to exercise the powers and duties provided for the City Clerk in this Charter. The person elected to hold the Office of the City Clerk shall be elected by the voters of the City, in the manner provided in this Charter, and shall devote his or her entire time to the duties of the office. Sec. 501. Eligibility to hold office. To be eligible to hold the Office of the City Clerk, a person must be a citizen of the United States, a qualified elector of the City, at haalvt hkir611 (40) ,. aFs of age-, a resident of the City, and shall have at least five (5) years experience as a city clerk or deputy city clerk. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. Sec. 502. Term of office. The person elected to hold the Office of the City Clerk shall be elected to serve for a term of four (4) years. The term shall begin on the first meeting of the Common Council in March following the City Clerk's election, or if the City Clerk is elected at a run-off election, then on the first meeting at which the election results are certified. r4-.,reh ^f*w y@ar- 44 .,,i ieI the af€ is held. The term shall continue until a successor is elected and qualifies. Sec. 503. Deputy City Clerks and other employees. Subject to budge-tary eefisMaiws, The City Clerk may appoint, discipline, remove, and prescribe qualifications and duties of all Deputy City Clerks and other employees working in the Office of the City Clerk. All Deputy City Clerks and other employees shall serve at the pleasure of the City Clerk. Sec. 504. Powers and duties. The powers and duties of the City Clerk shall be as follows: A. Serve as the custodian of the City seal and the ordinances, resolutions, contracts, records, and other documents of the City entrusted to the City Clerk's care. B. Keep all ordinances, resolutions, contracts, records, and other documents properly indexed and, when not in actual use, open during regular office hours to public inspection. PAGE 9 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 C. Keep a record and have custody of all official bonds, and place and renew all corporate surety bonds of officers and employees, provided that the reliability of the corporate sureties has been approved by the Common Council. D. Give all required notices and attend all meetings of the Common Council, and keep a record of its proceedings. E. Administer all oaths and affirmations, except as otherwise provided by this Charter. F. Conduct or cause the conduct of all municipal elections. G. Issue business registration certificates and countersign all warrants on the City treasury, except warrants of the boards established under Articles XIII and XIV of this Charter. H. Perform the duties of a city clerk established by state law, or ordinance or resolution of the City, where not inconsistent with this Charter. ARTICLE VI. CITY ATTORNEY. Sec. 600. The City Attorney. There is hereby created the position of City Attorney. The Mayor shall appoint the City Attorney subject to confirmation by the Common Council, and the Mayor may remove the City Attorney subject to confirmation by the Common Council. The person appointed as City Attorney shall devote his or her entire time to the duties of the office. Sec. 601. Eligibility. To be eligible to be appointed as City Attorney, a person must be an attorney-at-law licensed to practice in all the courts of the State of California, and prior to appointment must have engaged in the practice of law in the State of California for at least five (5) years, with at least five (5) years experience as either a city attorney or deputy city attorney, or possess a comparable understanding of municipal law. Sec. 602. Deputy City Attorneys and other employees. The City Attorney may appoint, discipline, remove, and prescribe qualifications and duties for all Deputy City Attorneys and other employees working under the direction and control of the City Attorney. Every Deputy City Attorney shall be a fully licensed attorney-at-law at the time of appointment and continuously thereafter. All Deputy City Attorneys and other employees shall serve at the pleasure of the City Attorney. PAGE 10 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 603. POWeFS and Duties. The pawer-s and duties of the City Attorney shall be as follows: A. Advise the Mayor, Common Council, officers, and boards and commissions in all matters of law pertaining to their offices, powers, and duties. B. Attend all meetings of the Common Council. C. Represent and appear for the City, Mayor, Common Council, and boards and commissions, in any legal action or proceeding in which they or any of them are concerned or are a party. D. Represent and appear for all city tke officers or employees or former officers or employees in any action or proceeding brought against him or her, in his or her official or individual capacity, on account of an act or omission in the scope of his or her employment as an officer or employee of the City, whenever the City is required by state law or whenever the Common Council elects to provide such defense. E. Prosecute on behalf of the People violations of this Charter or ordinances of the City, and prosecute on behalf of the People misdemeanor offenses and infractions arising from the violation of state law and for which the City Attorney is specifically granted the power of enforcement by state law or those violations which are drug or vice related F. Perform other legal services requested by the Mayor or Common Council. Sec. 604. Prohibition against private practice. The City Attorney shall not conduct any private law practice while holding office. Sec. 605. Outside legal counsel. The Mayor and Common Council shall jointly have the power and authority to employ and engage such outside legal counsel and services for the interest and benefit of the City and the inhabitants thereof. ARTICLE VII. SECTIONS 700-706 HAVE BEEN DELETED. PAGE I 1 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 ARTICLE VIII. CITY TREASURER. Sec. 800. The City Treasurer. There is hereby created the position of City Treasurer. The procedures for appointing and the qualifications for the City Treasurer, and the duties, responsibilities, and functions of the City Treasurer, shall be established, defined, and altered by ordinance of the City. The City Treasurer shall perform the duties of a city treasurer established by state law where not inconsistent with this Charter or ordinances of the City. ARTICLE IX. VACANCIES. Sec. 900. Vacancies and forfeiture of office. An elected office shall become vacant upon the occurrence of any of the following: an event that causes a vacancy of public office as provided in the Government Code of the State of California, removal of the incumbent from the office in any manner authorized by law, or forfeiture of the office. An elected officer shall forfeit the office if the elected officer lacks at any time during the term of office the eligibility requirements for the office established by this Charter or by law, or the elected officer accepts or retains another elected office or employment as prohibited by this Charter or by law. The existence of a vacancy shall be declared by resolution of the Common Council stating the reasons for the vacancy, and the vacancy shall be filled in the manner provided in this Charter. Sec. 901. Filling vacancies in elected offices. If an elected office is declared vacant in accordance with this article, the Mayor shall appoint, subject to confirmation by the Common Council, a person eligible to fill the vacancy. The person appointed to fill the vacancy, shall serve in the elected office until a person is elected to the office for the remainder of the unexpired term or for a new term, at a special municipal election to be held no later i than one hundred and eighty (180) days after the declaration. The special municipal election required by this section shall be called by the Common Council no later than thirty (30) days after the Common Council declares the vacancy. Sec. 902. Filling vacancy in the Office of the Mayor. If the Office of the Mayor is declared vacant in accordance with this article, the Mayor Pro-Tempore shall er- become Mayor with all powers and duties of the Mayor, and shall retain the right to vote as a member of the Common Council, until a person is elected to the Office of the Mayor for the remainder of the unexpired term or for a new term, at a special municipal election to be held no later earlip than one hundred and eighty (180) days after the declaration. If the Office of Mayor Pro-Tempore is vacant at the time the Office of the Mayor is declared vacant, the Common Council shall select one (1) of its members to serve as Mayor in accordance with this section, until a person is elected to the Office of the Mayor in accordance PAGE 12 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 with this section. The special municipal election required by this section shall be called by the Common Council no later than thirty (30) days after the Common Council declares the vacancy. Upon the Mayor Pro-Tempore becoming Mayor, said person shall comply with Section 400 of this Charter within a reasonable period of time not to exceed 6 months. r)' ARTICLE X. ELECTIONS. Sec. 1000. General municipal elections. General municipal elections for the election of officers and for such other purposes as the Common Council may prescribe, shall be held on the first Tuesday following the first Monday of November of each odd numbered year. Sec. 1001. Run-off municipal elections. If in any general municipal election no candidate receives a majority of the votes cast for the elected office, the Common Council shall immediately, upon determination of that fact, call a run-off municipal election to be held on the first Tuesday after the first Monday in February. Notwithstanding any other section of this Charter, whenever a county-wide or state-wide election is scheduled within sixty (60) days after the date on which a run-off municipal election would otherwise be held pursuant to this Charter, the City shall consolidate the run-off municipal election with the county-wide or state-wide election. The two candidates receiving the highest number of votes for the office in the general municipal election shall be declared the candidates for the run-off municipal election. Sec. 1002. Special municipal elections. All other municipal elections that may be held by authority of this Charter or of any law, shall be known as special municipal elections. Notwithstanding any other section of this Charter, whenever a county-wide election, state-wide election, general municipal election, or run-off municipal election is scheduled within sixty (60) days of the date on which a special municipal election would otherwise be held pursuant to this Charter, the City shall consolidate the special municipal election with the county-wide election, state-wide election, general municipal election, or run-off municipal election. The candidate receiving the most votes in a special election shall take office at the first meeting of the Common Council at which the election results are certified. Sec. 1003. Election dates. In 2001 and every four (4) years thereafter, a general municipal election shall be held to elect persons to the following elected offices of the City: Office of the Mayor, Councilmember First Ward, Councilmember Second Ward, and Councilmember Fourth Ward. In 2003 and every four (4) years thereafter, a general municipal election shall be held to elect persons to the following elected offices of the City: Office of the City Clerk, Councilmember Third Ward, Councilmember Fifth Ward, Councilmember Sixth Ward, Councilmember Seventh Ward. PAGE 13 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 1004. Procedures for holding elections. To the extent not provided for and to the extent not in conflict with this Charter, all elections shall be held in accordance with the provisions of the Elections Code and the Government Code of the State of California for the holding of municipal elections. ARTICLE XI. INITIATIVE, REFERENDUM,AND RECALL. Sec. 1100. Generally. The powers of initiative, referendum, and recall are hereby reserved to the voters of the City. To the extent not provided for and to the extent not in conflict with this Charter, the provisions of the Elections Code of the State of California shall govern the exercise of the powers of initiative, referendum, and recall. Sec. 1101. Initiative. Any proposed ordinance which the Common Council itself might adopt may be submitted to the Common Council by petition requesting that the ordinance be adopted by the Common Council or submitted to the voters of the City. This process shall be known as the initiative. To commence proceedings to exercise the power of initiative, a proposed ordinance must be submitted to the City Clerk, accompanied by a petition signed by qualified voters of the City equal in number to twenty-five percent thipty perwe 25 {� of the entire vote cast for all candidates for Mayor at the last election at which the Mayor was elected. Initiatives to amend the Charter shall be governed by provisions of the California Constitution and applicable provisions of state law concerning charter amendments. Sec. 1102. Referendum. For any ordinance duly adopted by the Common Council, a petition may be submitted to the Common Council, suspending such ordinance from operation, and requiring the Common Council to reconsider such ordinance, and if the same is not entirely repealed, submit the ordinance to the voters of the City. This process shall be known as the referendum. To commence proceedings to exercise the power of referendum, a petition must be submitted to the City Clerk within thirty (30) days after the date of final adoption for the ordinance that is the subject of the referendum. At the time of submission, the petition must be signed by qualified voters of the City equal in number to twenty-five percent thir4j, peree l 2( 5% of the entire vote cast for all candidates for Mayor at the last election at which the Mayor was elected. Sec. 1103. Recall. Every incumbent in an elected office in the City, whether elected by popular vote or appointed to fill a vacancy, may be removed from the elected office by the voters eligible to vote for such elected office. This process shall be known as the recall. Any vacancy of an elected office caused by the recall of an elected officer shall be filled in accordance with the provisions of this Charter. No person recalled from an elected office or who resigned from elected office while recall proceedings were pending, shall be appointed to any office within two (2) years after PAGE 14 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 the recall or resignation. To commence proceedings to exercise the power of recall, a petition must be submitted to the City Clerk. At the time of submission, the petition must be signed by qualified voters eligible to vote for the incumbent equal in number to the lesser of the following: A. Twenty-five percent (25%) of the registered voters eligible to vote for the incumbent proposed to be recalled, according to the last official report of registration to the Secretary of State of California by the county elections official of the County of San Bernardino. B. The entire vote cast for all candidates for the elected office from which the incumbent is proposed to be recalled, at the last election held for that elected office; but in no circumstance shall this number be less than ten percent (10%) of the registered voters eligible to vote for the incumbent proposed to be recalled, according to the last official report to the Secretary of State of California, by county elections official of the County of San Bernardino. ARTICLE XII. BOARDS AND COMMISSIONS. See. 1200. Creation. Operational, advisory, appellate, or rule-making boards and commissions for the proper operation of any function or agency of the City may be established by ordinance of the City. The ordinance shall prescribe the powers, duties, functions, and jurisdiction of the board or commission, and shall establish the number of members of the board or commission, and their qualifications, terms, compensation, and reimbursement for expenses, if any. Sec. 1201. Appointment and removal of members. The procedure for appointing members of boards or commissions established under this article shall be established by ordinance of the City. Any member of a board or commission established under this article may be removed by the affirmative vote of at least five (5) members of the Common Council. ARTICLE XIII(ARTICLE RESERVED) Sec. 1300. (Section Reserved) the-Pi PAGE 15 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 See. 1301. Membership. (Section Reserved) f b ape N Must be at 10204Qt Ave" , f meeting again of the Common uncil in Alay of each of the fo&wing yeam, and thereaftery 2004, f .7004-, .7005-, cqwmkl�, -he Femwved by the aff-mm-0.4we ;,64-9-e of as Leastfive (5) nfembeFs of the qr Water- G—ommissiewers is f term, See. 1302. . (Section Reserved) fees, and ehaiWes for- r-eviding wateF service NNW • f regulate, f manage, opeFaie, Fepak, and a*tend the f f and to lease, E: PAQ ig c-e aEFt, after-, a- -namtafn ald-parbliE aeiiities, f and prweetietf of the f f f aH-d l s e s- fier- the ereatien of i debts lnesc iflf mot th-e ti. e--4 PAGE 16 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 • Appoint, , mmevefix eempensatioH, and pmese-r-ibe quakficatims an Sec. 1303. (Section Reserved) e#tforeethe rmhaiv rim regulations adopted by the Board 4��tep Go Sec. 1304. W te- Vmm4. (Section Reserved) C--mmmissiople2p-S r--p.lq-hiHby the Boar-4 of Water- C-69M.MkCia" FS. a Ax to ipajer- --pt as Otherwise pr-ovided in ibis Changer. 44 Sec. 1305. (Section Reserved) , 0 . Sec. 1306. Deposit of n - *-•- * a fima (Section Reserved) Board of Ufaker- COME vaid vomw r. monies of Me C4ty. PAGE 17 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 1307. (Section Reserved) Sec. 1308. (Section Reserved) Sec. 1309. (Section Reserved) Sec. 1310. (Section Reserved) Sec. 1311. (Section Reserved) Sec. 1312. (Section Reserved) ARTICLE XIV. BOARD OF LIBRARY TRUSTEES: See. 1400. Creation. There is hereby created the Board of Library Trustees to exercise the powers and duties prescribed in this article, in a manner consistent with this Charter and ordinances of the City. See. 1401. Membership. The Board of Library Trustees shall be composed of five (5) members appointed by the Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the Board of Library Trustees, a person must be a qualified elector of the City. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of appointment and continuously thereafter during the term of appointment. Persons appointed to the Board of Library Trustees shall serve a term of six (6) years and thereafter until a successor is appointed and qualifies. One (1) appointment to the Board of Library Trustees shall be made at the first meeting of the Common Council in May of each of the following years, and again every six (6) years thereafter: 2003, 2004, 2005, 2006, and 2007. Any person appointed to the Board of Library Trustees may be removed by the affirmative vote of at least five (5) members of the Common Council except for purposes of censorship. If the position of any member on the Board of Library Trustees is vacated prior to the expira ion of that member's term, the Mayor shall appoint a person to fill the remainder of the unexpired term, subject to confirmation by the Common Council. Members of the Board of Library Trustees shall serve without salary or compensation. Sec. 1402. Powers and duties. The Board of Library Trustees shall have the power and duty to: PAGE 18 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 A. Manage, control, and operate a central public library and branch public libraries within the City. B. Make and enforce all rules, regulations, and by-laws necessary for the administration, governance, and protection of the public library system and all property belonging thereto or that may be loaned thereto. C. Appoint, discipline, remove,fix compensation, and prescribe qualifications and duties for the director of the public library system. D. Subject to the procedures of the personnel system established pursuant to this Charter, appoint, discipline, remove, fix compensation, and prescribe qualifications and duties for such officers and employees as may be necessary or convenient for the administration, governance, and protection of the public library system. E. Purchase books, journals, publications, information systems and technology, and other personal property, and rent and equip such buildings or rooms as may be necessary or proper for the operation and maintenance of the public library system. E At the time and in the form established by the Mayor, submit a recommended budget to the Mayor detailing a complete financial plan of all operations and activities of the public library system. The recommended budget shall be accompanied by a message describing the important features of the budget, indicating any major changes from the preceding year in expenditures and revenues, together with the reasons for the changes, and include such other information as the Mayor deems appropriate. G. Administer any trust declared or created for the public library system, and receive by grant, entitlement, donation, gift, bequest, or devise any monies or real or personal property, and where not otherwise provided, dispose of such property for the benefit of the public library system. K Borrow or lend books and other library materials to other jurisdictions and allow non-residents to borrow books and other library materials upon such conditions as the Board of Library Trustees may prescribe. L Contract with schools, counties, or other governmental agencies to render or receive library services or facilities. PAGE 19 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 1403. Library Fund. There is hereby created a fund to be known as the Library Fund, the monies in which shall be used solely for financial support of the public library system. All monies in the Library Fund shall be kept separate and apart from other monies of the City and shall be drawn only upon demands authenticated by the Board of Library Trustees. Monies received from the following sources, including any interest earned thereon, shall be deposited in the Library Fund: A. Revenues generated from any fines, sales, or operations of the public library system. B. Monies received by the City or by the Board of Library Trustees from any local, state, or federal grants or entitlements, or from donations, gifts, bequests, or devises, expressly designated for use in support of the public library system; unless the deposit of such monies into the Library Fund would be inconsistent with the terms or conditions of its acquisition, in which case the Board of Library Trustees shall provide for the safety and preservation of such monies and shall make use thereof in accordance with the terms and conditions applicable thereto. Sec. 1404. Title to tJ'• ro er P P �-- Unless inconsistent with the terms of its acquisition, title to all real l property, now owned or hereafter acquired by purchase, donation, bequest, or otherwise,for the purpose or use of the public library system, shall vest and be and remain in the name of the City. A RT_WT V YID TWX ARTICLE XV. (ARTICLE RESERVED) Sec. 1500. Greatien. (Section Reserved) Sec. 1501. State law governs. (Section Reserved) PAGE 20 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 1502. Fffte*of ehar*°r. (Section Reserved) Adoption ofthis Gharker- Skagit not have the efftet ofer-ouang affy Ife1o, se-hool 0&&k de 14S exist. ARTICLE XVI. PLANNING COMMISSION. Sec. 1600. Creation. There is hereby created the Planning Commission for the City. The manner in which, the times at which, and the terms for which the members of the Planning Commission shall be appointed, their qualifications and the number which shall constitute the Planning Commission shall be established by ordinance of the City. Sec. 1601. Powers. and duties. The Planning Commission shall exercise the powers and dmiies delegated to a planning commission by state law and by ordinance of the City, where not inconsistent with this Charter. ARTICLE XVII. CHARTER REVIEW COMMITTEE. Sec. 1700. Creation. In January, 2010, and in January every ten (10) years thereafter, a Charter Review Committee shall be appointed in accordance with the procedures established for appointments under Article X1I of this Charter. The members shall serve on a voluntary basis and without compensation. The Mayor and Common Council may appoint a Charter Review Committee more often, if they deem it necessary. Sec. 1701. Duties and procedure. The Charter Review Committee shall, after study and holding public meetings, recommend to the Common Council any amendments to the Charter for placement on the ballot at the next general municipal election. The final recommendations of the Charter Review Committee shall be presented to the Common Council no later than the first meeting of the Common Council in February in the year following the appointment of the Charter Review Committee. The Common Council shall receive the recommendations of the Charter Review Committee prior to the last day to place measures on the ballot for the next general municipal election. PAGE 21 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 ARTICLE XVIII. SALARY COMMITTEE. Sec. 1800. Creation. In January, 2002, and in January of every two (2) years thereafter, the Mayor shall appoint a Salary Committee consisting of seven (7) members, subject to confirmation by the Common Council. T_he ,,,>,o„s- Q4 tLe c_AIa,.,, C,,,-.,,, i#e@ shall b@ e „-f „ e >,,,-v;,,o�� publie administ atiet�, 014@ >epresentative—e€ a lalber erg nn Rnizatieee representative of ed tie li44r,4*14 444 and 01— ethef: appeintees. No person shall be appointed to the Salary Committee while serving as an officer or employee of the City, nor within two (2) years after holding such a position. Members of the Salary Committee shall serve on a voluntary basis. Sec. 1801. Duties and procedures. The Salary Committee shall study and hold public meetings on the issue of the total compensation for each crzc z,resJvr,-iircrirovzo 14f the ch® 'jty 97e4c, and—crtc City Pr-asee'otef R444-d- A- elected official of the City. Not later than ninety (90) days before the end of the fiscal year, the Salary Committee shall make a recommendation to the Common Council concerning the total compensation, including salary and benefits, for each and official of the City. The Common Council shall adopt or disapprove the recommendation of the Salary Committee prior to the end of the fiscal year. The Common Council shall have no power to alter, amend, or otherwise change the recommendation of the Salary Committee. Sec. 1802. Effective date of changes in compensation. If a change in the total compensation for an elected effiee x official is adopted by the Common Council, such change shall not take effect until after the next election for that elected officer-. official. ARTICLE XIX. CITIZEN ADVISORY COUNCILS. Sec. 1900. Enabling clause. Each member of the Common Council may create a Citizen Advisory Council within his or her ward. The composition of a Citizen Advisory Council shall be determined by the Councilmember, but the composition should reflect the diverse interests within the Councilmember's ward. The specific role and function of a Citizen Advisory Council shall be determined by the Councilmember, but it should generally serve the underlying purposes of this article which are as follows: (a) to promote citizen, neighborhood, and community participation in city governance and policy-making; (b) to help Councilmembers stay informed of the issues and concerns in their respective wards; (c) to support and augment existing neighborhood empowerment activities within the City; (d) to help neighborhoods discover and build on their strengths, and find creative solutions to their problems; and (e) to develop and nurture leadership PAGE 22 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2ND REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 within the neighborhoods and communities of the City. ARTICLE XX. PERSONNEL. Sec. 2000. Personnel system. A. Merit principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness, demonstrated by a valid and reliable examination or other evidence of competence. B. Merit system. Consistent with all applicable federal and state laws, a merit system governing personnel policies necessary to effectively administer the employees of the City's departments, agencies, and offices, shall be established by ordinance of the City. The merit system shall include, but not be limited to, classification and pay plans, qualifications and examinations, provisional and exempt appointments, employee duties and working conditions, in-service training, disciplinary actions, force reductions, removals, grievances, and relationships with employee organizations. Sec. 2001. Civil Service Board of Appeals. A. Creation. There is hereby created the Civil Service Board of Appeals to exercise the powers and duties prescribed in this section, in a manner consistent with this Charter and ordinances of the City. B. Membership. The Civil Service Board of Appeals shall be composed of five (5) members appointed by the Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the Civil Service Board of Appeals, a person must be at yeast A. ,enty fi,e (25)years of age a qualified elector of the City. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of appointment and continuously thereafter during the term of appointment. Persons appointed to the Civil Service Board of Appeals shall serve a term of six (6) years and thereafter until a successor is appointed and qualifies. One (1) appointment to the Civil Service Board of Appeals shall be made at the first meeting of the Common Council in May of each of the following years, and again every six (6) years thereafter: 2003, 2004, 2005, 2006, and 2007. Any person appointed to the Civil Service Board of Appeals may be removed by the affirmative vote of at least five (5) members of the Common Council. If the position of any member on the Civil Service Board of Appeals is vacated prior to the expiration of that member's term, the Mayor shall appoint a person to fill the PAGE 23 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 remainder of the unexpired term, subject to confirmation by the Common Council. C. Powers and duties. The Civil Service Board of Appeals may affirm, overrule, or modify on appeal any final administrative decision resulting in the discipline, demotion, suspension, or removal of an employee who is under the classified personnel system, and its decision shall be final. Sec. 2002. Non-discrimination. No person shall be appointed to or removed from, or in any way favored or discriminated against, with respect to any city employment, position, contract, or appointment for any reason or condition prohibited by state or federal non-discrimination laws and regulations. Sec. 2003. Nepotism. The Mayor, members of the Common Council, members of boards or commissions, and any department head, agency head, or other officer having appointive power, shall not recommend the appointment of, appoint, or vote for or elect to any office, position, or employment with the City, any member of said officer's immediate family. For purposes of this section, the term "immediate family" is defined as a spouse, son, daughter, mother, father, brother, sister, grandchild, grandparent, aunt, uncle, nephew, or niece, and includes half- relatives, step-relatives, and in-laws, as well as any person who regularly cohabits with or uses the domicile of said officer as his or her residence. Any appointment made in violation of this section shall be void and of no effect. The foregoing prohibition against nepotism may be waived by an affirmative vote of at least five (5) members of the Common Council upon a finding that the proposed appointment is in the best interest of the City. Sec. 2004. Compensation. Except as otherwise provided in this Charter, the Mayor or designee shall negotiate, establish, and adjust the total compensation for all employees and non-elected officers of the City, except those directly appointed by the Common Council under Article III of this Charter. In making compensation determinations, the Mayor shall consult with and receive input from the City Administrator and any affected department head, agency head, and other officer of the City. All compensation determinations by the Mayor shall be subject to confirmation by the Common Council. ARTICLE XXI. FISCAL ADMINISTRATION. Sec. 2100. Fiscal year. The fiscal year of the City shall be established by ordinance of the City. PAGE 24 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 2101. Budget. Each department, agency, and office of the City shall provide in the form and at the time directed by the Mayor and City Administrator all information required to develop a budget conforming to modern budget practices and procedures as well as specific information which the Common Council may require. Under the direction and control of the Mayor, the City Administrator shall prepare a budget that provides a complete financial plan of all City operations and activities for the next fiscal year. In preparing the budget, the City Administrator shall review the information and hold conferences thereon with the department heads, agency heads, and officers of the City. The Mayor shall present the budget to the Common Council, in such form as the Mayor deems appropriate after consultation with the Common Council. Following at least one public meeting on the budget, the Common Council shall adopt by resolution a budget of proposed expenditures and appropriations necessary therefor for the next fiscal year, failing which the appropriations for current operations of the last fiscal year shall be deemed effective until the new budget and appropriation measures are adopted. Sec. 2102. Budget message. The budget submitted by the Mayor to the Common Council shall be accompanied by a budget message which shall explain the budget. The budget message shall outline the proposed financial policies of the City for the next fiscal year, describe the important features of the budget, indicate any major changes from the preceding year in financial policies, expenditures, and revenues, together with the reasons for the changes, summarize the City's debt position, and include such other information as the Mayor deems appropriate. Sec. 2103. Municipal taxes. The procedure for the assessment, levy, and collection of taxes upon property taxable for municipal purposes shall be prescribed by ordinance of the City which shall conform to applicable state law. Sec. 2104. Independent audit. After the commencement of each fiscal year, the Mayor, with the consent of the Common Council, shall employ a qualified certified public accountant, who has no personal interest, direct or indirect, in the fiscal affairs of the City or any of its employees or officers. The accountant shall perform an annual audit of the books, financial records, and related documents of the City in accordance with generally accepted auditing standards for public agencies, and shall have free access to the books, records, inventories, and reports of all officers and employees who receive, handle, or disburse public funds, and such other officers, employees, departments, or agencies as the Common Council may direct. As soon as practicable after the end of the fiscal year, a final audit and management report shall be submitted by the accountant to the Mayor and Common Council, and shall be available thereafter for public review and inspection. PAGE 25 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"°REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 ARTICLE XXII. TRANSITION. Sec. 2200. Adoption date and operative date. As used in this Charter, the term "Adoption Date" means the date upon which this Charter is filed in accordance with state law, and the term "Operative Date" means the date of July 1, 2001. except as otherwise provided in this Charter. Sec. 2201. Officers, employees, boards, and commissions. Except as provided in this section, all officers, employees, and persons serving on any board or commission of the City on the Adoption Date shall continue to perform the duties of their respective offices, employments, and appointments without interruption and under the same terms and conditions until provisions have been made otherwise in accordance with this Charter or until the election, employment, or appointment of their successor. A. City Attorney and City Treasurer. Upon the Adoption Date, the persons serving in the elected offices of the City Attorney and the City Treasurer as established by the previous charter, shall serve, respectively, as the appointed City Attorney and the appointed City Treasurer as established under this Charter, until a person is appointed to such office in accordance with this Charter, or the office is vacated, or the Operative Date, whichever is earlier. B. Park and Recreation Commission. The Park and Recreation Commission established by the previous Charter, as it existed immediately prior to the Adoption Date, shall continue in effect as a commission established by ordinance pursuant to Section 2206 of this Charter, and all persons appointed as a member of the Park and Recreation Commission shall continue as a member and continue to perform the duties of the Park and Recreation Commission in accordance with such ordinance. C. Mayor Pro-Tempore. Within ninety (90) days after the Adoption Date, the Mayor shall appoint a person to serve as Mayor Pro-Tempore in accordance with Section 404 of this Charter. D. (Section Reserved) 9~41 of ."M-er Gem, The Bear-4f WZate.r- prior- to the Adoption Date-, shag eentinue to axist but shqg perfer-in thefimetioffs of the 9~4 of Water Gommiss' !ant MAF&k- PAGE 26 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 -r. CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 E. Board of Trustees of the Free Public Library. The Board of Trustees of the Free Public Library established by Section 205 of the previous Charter, as it existed immediately prior to the Adoption Date, shall continue to exist but shall perform the functions of the Board of Library Trustees pursuant to Article XIV of this Charter, and all members thereof shall continue to serve until the expiration of their respective terms, unless the member resigns. or is otherwise removed in_accordance with this Charter. To transition to the new terms for members of the Board of Library Trustees under Section 1401 of this Charter, the following transitional appointments shall be made as the terms of the members in office on the Adoption Date expire: one (1) appointment for two (2) years, one (1) appointment for three (3) years, and one (1) appointment for six (6) years shall be made at the first meeting of the Common Council in May, 2001; and one (1) appointment for two (2)years and one appointment for three (3) years shall be made at the first meeting of the Common Council in May, 2003. Upon the expiration of the term of each transitional appointment made pursuant to this section, all subsequent appointments shall be made in accordance with Section 1401 of this Charter. F. Civil Service Board. The Civil Service Board established by Section 246 of the previous Charter, as it existed immediately prior to the Adoption Date, shall continue to exist but, after the Operative Date or the earlier adoption of the ordinance required by Article XX of this Charter, it shall perform the functions of the Civil Service Board of Appeals pursuant to Section 2001 of this Charter, and all members thereof shall continue to serve until the expiration of their respective terms, unless the member resigns. or is otherwise removed in accordance with this Charter. To transition to the new terms for members of the Civil Service Board of Appeals under Section 2001 of this Charter, the following transitional appointments shall be made as the terms of the members in office on the Adoption Date expire: one (1) appointment for two (2) years and one (1) appointment for six (6) years shall be made at the first meeting of the Common Council in May, 2001; one (1) appointment for one (1) year and one appointment for two (2) years shall be made at the first meeting of the Common Council in May, 2003; and one (1) appointment for one (1) year shall be made at the first meeting of the Common Council in May, 2005. Upon the expiration of the term of each transitional appointment made pursuant to this section, all subsequent appointments shall be made in accordance with Section 2001 of this Charter. Sec. 2202. Initial salaries of elected officers. A. Mayor. Effective on the Adoption Date, the Mayor's salary shall be increased to eighty thousand dollars ($80,000.00) per year. After the Adoption Date, all adjustments to the total compensation paid to Mayor, including salary, shall be in accordance with the provisions of this Charter. PAGE 27 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 B. Members of the Common Council. Effective on the Adoption Date, the salary for members of the Common Council shall be increased to twelve thousand dollars ($12,000.00) per year. After the Adoption Date, all adjustments to the total compensation paid to members of the Common Council, including salary, shall be in accordance with the provisions of this Charter. C. Salary of City Clerk. Within ninety (90) days after the Adoption Date, the Common Council shall establish by resolution the initial total compensation for the City Clerk. °*G°r. °lf *°a ^ffieia'°. After the Common Council establishes the initial total compensation of the City Clerk by resolution, all adjustments to the total compensation paid, to the City Clerk, including salary, shall be in accordance with the provisions of this Charter. Sec. 2203. Municipal laws and regulations. On or after the Operative Date, all ordinances, resolutions, orders, rules, and other regulations not inconsistent with, conflicting with, or interfering with the effective operation of this Charter, shall remain and continue in force until duly amended, repealed, or replaced. Any ordinance, resolution, order, rule, or other regulation in effect on the Operative Date, regardless of the method, manner, or time of adoption, is hereby repealed to the extent inconsistent with, conflicting with, or interfering with the effective operation of this Charter. After the Adoption Date and prior to the Operative Date, the following shall occur: A. Conformance of orders, rules, and regulations. Prior to the Operative Date, each officer, department, agency, board, or commission responsible for promulgating orders, rules, or other regulations of the City, shall review all such orders, rules, or other regulations for which it is responsible, and shall amend, repeal, or replace such orders, rules, or other regulations to the extent necessary to be consistent with this Charter. B. Conformance of ordinances and resolutions. The City Attorney and City Clerk shall review all ordinances and resolutions, and shall report to the Mayor and propose to the Common Council the amendment or repeal of any existing ordinance, resolution, or order necessary to be consistent with this Charter, or the adoption of new ordinances, resolutions, or orders necessary to implement the provisions of this Charter. PAGE 28 OF 32 DRAFT(DATED 07/]0/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 2204. Previous personnel system. Until the Operative Date, the provisions of sections 246 through 261 of the previous Charter as they existed immediately prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto, shall continue in full force and effect except as the same may hereafter be changed by amendment thereof in the manner provided by law. After the Operative Date or the earlier adoption of the ordinance required in Article XX of this Charter, said sections, and any ordinances, rules, or regulations adopted pursuant thereto, shall immediately cease to have any force or effect. The adoption of this Charter shall not affect any employee grievance proceeding or action that has been commenced prior to the Adoption Date. Sec. 2205. Safety Employees'Salaries. The provisions of Section 186 contained in the previous Charter as it existed immediately prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto, shall continue in full force and °rte°+ for- a period of+<e (2) °ars °f4° 448 AdOptiOR Pa + "'" '' ' <'°" +°' ° +^ ''°<'° for-e° ^ �f *. and effect. These provisions will sunsel shall immediately cease to have any force and effect upon adoption and implementation of SB402 or similar binding arbitration actions from the State and the expiration of the current labor contracts. In the event SB402 or similar legislation is repealed the City of San Bernardino shall maintain in effect the rules and regulations contained in SB402 or any similar binding arbitration action from the State. Sec. 2206. Previous charter sections treated as ordinances. The following sections of the previous charter as they existed immediately prior to the Adoption Date, shall be treated as if enacted by ordinance, and may be amended, repealed, or replaced by ordinance after the Adoption Date. To the extent of conflict or inconsistency between the previous charter sections treated as if enacted by ordinance under this section and this Charter, this Charter shall prevail. PAGE 29 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Section 70 g^ 64 Section 181 Section 215 Section 131 sec-enz62 Section 182 Section 216 Section 132 Seetien 165 Section 183 Section 217 Seetion 444 See&ff 166 Section 184 Section 219 Section 135 seetien 16 Section 185 Section 229 Section 139 Seen-168 Section 210 Section 234 Section 140 Seesio" 14 Section 212 Section 238 Section 143 Seeden-1 Section 213 Section 240 Section 149 Section 180 Section 214 Sec. 2207. Effectiveness and repeal of former charter. Upon the Adoption Date, the provisions of this Charter shall be in full force and effect under the law. , fiop the pur-poses that thk Charter expressly eontinues them in -t in Ofifio~ and effee-9 Since-t#e ate gjj t adeptieff. The former Charter is hereby repealed except that (1) Charter Section 134 and Charter Sections 160 through 171, inclusive, are not repealed nor otherwise amended by this Charter and said Charter Section 134 and Charter Sections 160 through 171, inclusive, shall continue in full force and effect in this Charter numbered as Sections 1300 through 1312, inclusive, in Article XIII (Water Department) and (2) Charter Sections 190, 191 and 192 are not repealed nor otherwise amended by this Charter and said Charter Sections 190, 191 and 192 shall continue in full force and effect in this Charter numbered as Sections 1 500, 1501 and 1502 in Article XV. Sec. 2208. Elimination of transition provisions. In the event the sections of this article become obsolete in the judgment of the City Attorney, by virtue of the completion of all actions required under the section, the section shall be deemed expired and the City Clerk shall secure removal of that section from the next printing of the Charter. ARTICLE XXIII. MISCELLANEOUS. Sec. 2300. Oath of office. Every officer of the City, appointed or elected, before entering upon the duties of the office, shall take the oath of office as provided for in the constitution of this state, and shall file the same with the City Clerk. PAGE 30 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 2301. Official bonds. Officers and employees subject to group or individual bonds to insure the faithful performance of official duties,—a*d shall be determined by ordinance of the City. The ordinance; uwd shall fix the amount of such bonds, and shall provide for the payment of the premium of such bonds by the City. Sec. 2302. Conflicts of interest and ethics. Regulations governing conflicts of interest and ethics applicable to officers, employees, members of boards and commissions, and candidates for elected office of the City may be established by ordinance of the City. Unless otherwise required by law, the City shall not be required to negotiate or meet and confer with officers, employees, or employee organizations regarding the adoption or revision of such regulations. Sec. 2303. Prohibition against holding other office or city positions. Except where authorized by law, no elected officer of the City shall hold any other elected public office during the term for which the person was elected to office. No elected officer shall hold any other municipal office or hold any office or employment, the compensation of which is paid with funds of the City, while serving as an elected officer of the City. Except for the incumbent in an elected office on the Adoption Date that is abolished or otherwise removed from this Charter, no former elected officer of the City shall hold any compensated office or employment with the City, except an elected office, until at least one (1) year after the expiration of the term for which the person was elected. Nothing in this section shall be construed to prohibit the appointment of any current or former elected officer of the City to represent the City on the governing board of any regional, state, federal, or other intergovernmental agency or commission. Sec. 2304. Delivery of books, papers, and property to successors. All papers, books, documents, records, archives and other properties prepared for or purchased by the City shall be and remain the property of the City. All officers, department heads, agency heads, members of boards and commissions, and employees of the City, upon leaving office or termination of employment or appointment, shall deliver to their successors all such papers, documents, records, books, archives and other properties pertaining and belonging to the City in their possession or under their control. Sec. 2305. Effect of invalidity in part. If any section, subsection, sentence, clause, or phrase of this Charter, or any amendment thereto, is for any reason held to be unconstitutional or otherwise invalid, that decision shall not affect the validity of the remaining portions of this Charter. The people of the City of San Bernardino hereby declare that they would have ratified and adopted this Charter and each section, subsection, sentence, clause, or phrase thereof, and any amendment thereto, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, phrases or amendments be declared unconstitutional or otherwise invalid. PAGE 31 OF 32 DRAFT(DATED 07/10/00)C REVISED: 07/24/00 CCO REVISED: 07/27/00 CCO 2"D REVISION: 08/03/00 CCO 3RD REVISION: 08/04/00 Sec. 2306. Violation of charter. Th'A W"106 if of any pu-Nishable upon eeRvie-sk"Mi im- manner-provided by state laoL, andm&5, be rediwssed by eivil 004-on- W- eenjune6en theFewith. The Mayor and Common Council may prescribe by ordinance which provisions, if any, of the Charter, if violated would constitute a punishable offense and may further prescribe the nature of the offense and the penalty for such violation. PAGE 32 OF 32 CITY ATTORNEY ANALYSIS OF 2ND REVISION: 08/03/00 PROPOSED SAN BERNARDINO CITY CHARTER PREAMBLE. The Preamble is well stated and concise. ARTICLE I. INCORPORATION AND SUCCESSION. Sec. 100. Name and Boundaries. This section basically states that the City remains and continues as a municipal corporation. The boundaries of the City are those that are established at the time the Charter is adopted. It would be more clear to include a legal description of what those boundaries are, in order to document it. This section also provides that boundaries may be changed as authorized by law. This issue needs further discussion. Sec. 101. Succession to rights, property, and liabilities. This section provides that the City remains vested with all rights and privileges that it has at the time the Charter is adopted. This puts the City in the same position it would have been in if the new Charter was not passed. It also provides that nothing changes ownership of property, debts, or obligations pre-existing the Charter. ARTICLE II. POWERS OF CITY. Sec. 200. Generally. This section incorporates all rights given to Charter Cities under the California Constitution. It provides that the City may act pursuant to State law and is not limited to powers specifically enumerated in the Charter. It further provides that the City shall have the power to make and enforce all laws and regulations regarding municipal affairs, subject only to such restrictions and limitations that may be provided in this Charter or the Constitution of the State of California. Sec. 201. Intergovernmental actions. This section allows the City to cooperate and join with other cities, foreign counties, states, civil agencies or the Federal Government to perform or finance any of its functions. .IPP/ealCharter8.ANAI August 3. 2000 1 X� y10 0 ARTICLE III. LEGISLATIVE BRANCH. Sec. 300. Common Council. This section creates the Common Council and divides the City into seven(7)wards. To that extent, it is substantially similar to Art. I, Section 3 of the current Charter. Sec. 301. Creation of wards. This section delineates the process for determining the boundaries of the wards. It retains the prohibition against boundary changes occurring more than once in any two (2)year period nor within ninety (90) days of any general municipal election as currently set forth in Art. I, Section 3. This section further provides factors to be considered in drawing and/or redrawing such boundaries. Sec. 302. Eligibility to hold office. This section sets forth the eligibility requirements to hold office as a member of the Common Council, requiring that a person must be a citizen of the United States,a qualified elector of the City, and a resident of the ward from which the person is elected. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers fore election to office and continuously thereafter during the term of office. Sec. 303. Term of office. This section has been changed to revert to the current terms of office so that the commencement of the four (4) year term begins on the first meeting of the Common Council in March tollowing the Council member's election. However, if the Council member is elected at a run-off election (which could be as late as April), then the term begins on the first meeting at which the election results are certified. Sec. 304. Powers. This section distills the legislative powers of the Common Council and indicates that all legislative power shall be exercised by ordinance or resolution, subject to the approval of the Mayor as set forth in this Charter. This section further states that all other powers of the Common Council may be exercised by order or resolution, where not inconsistent with this Charter or ordinances of the City. and subject to the approval of the Mayor as set forth in this Charter. It delineates the power of the Common Council (with 5 votes) to "make formal investigations into the affairs of the City, or the conduct of any city department, office, agency, board, or commission." This section specifies that disobedience of a subpoena issued by the Common Council shall constitute a misdemeanor and shall be punished in the same manner as violations of this Charter are punished. ,I IT/ea[Chartcr&ANA I August 3. 2000 ? Sec. 305. Ordinances, resolutions, and orders. The first paragraph of this section requires that no order (with two exceptions) and no ordinance or resolution shall be valid unless it receives the affirmative vote of at least four (4) members of the Common Council. Subsection A. defers in large part to state law(commencing with Government Code Section 3693 1) relative to the enactment process for ordinances. Subsection B. sets forth the approval timelines for the Mayor to act upon ordinances, resolutions, and orders. Approval of the Mayor is not required for emergency ordinances or quasi-judicial decisions of the Common Council. Subsection C. sets forth the override timelines by the Common Council of ordinances, resolutions and orders. Subsection D. gives the Mayor the same veto power over orders and resolutions when the Mayor and Common Council have designated themselves as the Community Development Commission of the City, in the same manner as the Mayor has in the City, subject to the power of the Commission to override any disapproval, in the same manner as the Common Council has in the City. Subsection E. reflects the relative dates of adoption for ordinances, resolutions and orders. Sec. 306. Committees of the Common Council. This section empowers the Common Council, by ordinance or resolution, to establish committees composed of less than a quorum of the Common Council. It sets forth the role and purpose of such committees. Approval of the Mayor is not required for action taken under this section. Sec. 307. Communication with management. This section permits members of the Common Council to communicate with and/or inquire of the city administrator, department heads, agency heads, or other officers of the city for certain specified purposes. This section further restricts the power of members of the Common Council relating to certain activities or undertakings. Unclear what "coerce" or "improperly influence" means, resulting in possible criminal exposure to members of the Common Council. Sec. 308. Meetings. This section proposes to replace current Charter Section 35. It authorizes the time and place ot'rc�'ular meetings to be established by ordinance. It authorizes the Common Council to establish rules for conduct of its meetings and proceedings, and may order the removal of any [Council] member or other person "for disrupting the meeting or failing to comply with orders of the person presiding at the meeting." I FT/cal Charter8.AN A August 3. 2000 3 Sec. 309. Mayor to preside. This section specifies that the Mayor, or in such absence the Mayor pro-tempore, shall preside, both having the same powers to disapprove any order of the Common Council. However, the Mayor pro-tempore does not have any other power of disapproval, unlike the Mayor. If both the Mayor and the Mayor pro-tempore are absent, the Common Council may choose one of its own to preside who shall retain the right to vote but shall not have the power to disapprove orders of the Common Council. Sec. 310. Employees of Common Council. This section empowers the Common Council to appoint, discipline, remove and prescribed qualifications and duties for employees that directly serve the Common Council. The second sentence states that the approval of the Mayor is not required for any action of the Common Council taken under this section. ARTICLE IV. EXECUTIVE BRANCH. Sec. 400. The Mayor. Creates position of Mayor by election to exercise charter mandated powers and duties. Sec. 401. Eligibility to hold office of Mayor. Person must be a citizen, qualified elector and continuous resident of City at least twenty- nine days prior to filing nomination papers for election to office and continuously thereafter during the term of office. Sec. 402. Term of Office. Provides for a four-year term beginning at first meeting of Common Council in March following Mayor's election. If Mayor is elected at run-off, term begins on the first meeting at which the election results are certified. Sec. 403. Powers and duties. This section vests management and administrative authority of the City in the Mayor; makes Mayor accountable to the people. Describes Mayor's role vis a vis the people. JFP/ea[Charter8.ANA] August 3.2000 4 s Mandates Mayor to execute and uphold all laws and ordinances of the City. A. Transfers language from current Charter regarding supervision of all public officers. B. Vests power of appointment and removal of Mayor's staff in the Mayor. C. Vests in Mayor power of appointment and prescription of qualifications for department heads, agency heads and other non-elected officers of the City subject to confirmation of Common Council. D. Vests in Mayor power to discipline and remove any non-elected department head, agency head, or other non-elected officer with two-thirds Council approval, except for employees serving at the pleasure of elected officials or other City officers. E. Charges Mayor to approve/disapprove within five (5) business days all appointments, disciplines and removals, subject to a personnel system to be adopted pursuant to Charter. F. Charges Mayor to ensure that all contracts and agreements with the City are faithfully kept and fully performed. G. Make recommendations to Common Council regarding affairs of the City and publicly address Common Council at least once a year on the state of the City. H. Mayor is to be active in promotion of economic development. I. Prepare and submit annual budget to Common Council and keep Common Council advised on financial condition and future needs of the City. J. Mayor to be City's representative in intergovernmental relations and for ceremonial events. K. Declare local emergencies and coordinate emergency responses thereto 1 following a procedure to be established by ordinance. L. Authorizes issuance of written *Executive Orders and provides for repeal of same by five (5) votes on the Common Council. *No provision for informal Executive Order. .I PPicalCharter8.ANA I AUgUst 3.2000 5 i Further discussion and language are needed to clarify Council's authority to override a verbal Executive Order. Such an override is authorized in the current Charter. This authority was originally granted by the electorate due to a verbal Executive Order issued by a former Mayor. M. Performs other duties and functions per charter or ordinance. Sec. 404. Mayor Pro-Tempore. To be appointed by Mayor and confirmed by Council; Mayor may remove Mayor pro- tempore. Mayor pro-tempore shall have all powers and authority of Mayor when Mayor unable to perform duties and until Mayor is able to perform duties or until Common Council declares Office of Mayor vacant. Sec. 405. City Administrator. Creates position of City Administrator, appointed by Mayor subject to Common Council confirmation. Mayor may remove the City Administrator without Council confirmation. Establishes minimum requirements to be City Administrator;provides for supervision by the Mayor and provides for duties, responsibilities and functions to be established by Executive Order of the Mayor.. Sec. 406. Police and Fire Departments. Creates the police and fire departments which shall be under the control and management of the Mayor. Sec. 407. Police Department- Membership. States that the Police Department shall consist of a Chief of Police and such officers and other police officers as the Mayor and Common Council may determine. Sec. 408. Chief of Police - Duties. Same powers and duties as under state law; arrest suspects; have charge of City jail and prisoners, etc. Sec. 409. Fire Department - Membership. States that the fire department shall consist of a Fire Chief and as many assistants and other employees as the Mayor and Common Council may determine. .I FI'icalChartcr&ANA I August 3, 2000 6 ARTICLE V. CITY CLERK. Sec. 500. The City Clerk. This section creates the Office of the City Clerk and provides that the person holding such office shall be elected by all the voters of the City. Sec. 501. Eligibility to hold office. This section places in the Charter the requirements to be eligible to hold the Office of the City Clerk, to wit: A person must be a citizen of the United States, a qualified elector of the City, a resident of the City, and shall have at least five (5) years experience as a city clerk or deputy city clerk. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. Sec. 502. Term of office. The analysis of this section is identical to that of proposed Sec. 303., including the different scenarios when the official could take office. Sec. 503. Deputy city clerks and other employees. This section states that "The City Clerk may appoint, discipline, remove, and prescribe qualifications and duties of all Deputy City Clerks and other employees working in the Office of the City Clerk." Language clearly spells out that all deputy city clerks and other employees in the City Clerks office serve at the pleasure of the City Clerk. Sec. 504. Powers and duties. This section delineates the powers and duties of the City Clerk. It requires the City Clerk to conduct or cause the conduct of all municipal elections. ARTICLE VI. CITY ATTORNEY. Sec. 600. The City Attorney. Creates position of C itv Attornev. Provides for appointment by Mayor who also may remove subject to confirmation by Common Council. i PI'/ealCharter&ANA 1 August 3,2000 7 Removes elected City Attorney as check and balance in City Government. Sec. 601. Eligibility. Sets minimum requirements to be City Attorney. See. 602. Deputy City Attorneys and other employees. The section allows the City Attorney to appoint, discipline, remove, and prescribe qualifications and duties for all Deputy City Attorneys and other employees. The section also provides that each Deputy must be a licensed attorney at all times, and that all employees serve at the pleasure of the City Attorney. Sec. 603. Duties. A. Advise the Mayor, Common Council, officers, and boards and commissions in all matters of law pertaining to their offices, powers, and duties. B. Attend all meetings of the Common Council. C. Represent and appear for the City, Mayor, Common Council, and boards and commissions, in any legal action or proceeding in which they or any of them are concerned or are a party. D. Represent and appear for all City officers or employees or former officers or employees in any action or proceeding brought against him or her in his or her official or individual capacity, on account of an act or omission in the scope of his or her employment as an officer or employee of the City, whenever the City is required by state law or whenever the Common Council elects to provide such defense. E. Prosecute on behalf of the People violations of this Charter or ordinances of the City and prosecute on behalf of the People misdemeanor offenses and infractions arising from the violation of state law and for which the City Attorney is specifically granted the power of enforcement by state law or those violations which are drug or vice related. F. Perform other legal services requested by the Mayor or Common Council. .I1'Wea[Charter8.ANA I August 3.2000 8 Sec. 604. Prohibition against private practice. The City Attorney shall not conduct any private law practice while holding office. See. 605. Outside legal counsel. The Mayor and Common Council shall jointly have the power and authority to employ and engage such outside legal counsel and services for the interest and benefit of the City and the inhabitants thereof. This language negates the watch dog role of an elected City Attorney and negatively impacts the ability of an appointed City Attorney to properly supervise the City's legal affairs. ARTICLE VII. SECTIONS 700-706 HAVE BEEN DELETED. ARTICLE VIII. CITY TREASURER. See. 800. The Citv Treasurer. Section 800 provides that the Common Council shall establish by ordinance the procedures for appointing and qualifications for a City Treasurer. The ordinance shall also define the duties, responsibilities and functions of the City Treasurer. Where not inconsistent with the charter or city ordinances, state law shall also define the duties of the City Treasurer. The ordinance reflecting the foregoing has not yet been prepared. Current Charter Section 70 defines the duties of the City Treasurer. These duties are "receive and pay out all monies, . . . keep an account of all receipts and expenditures. He shall make a monthly account to the Mayor and Common Council of the receipts and expenditures of the preceding month. He shall perform the duties required of him by law and the Mayor and Common Council. He shall not pay out any monies belonging to the City except on claims presented, allowed and submitted in the manner provided by this charter." Additional duties are included in current Municipal Code Chapters 2.08, 3.08 and 3.36. These duties include the deposit of City money into designated depositories in compliance with the State Constitution and laws. Transfer of money between funds with majority Council approval. The City Treasurer is the custodian of all monies, stocks and bonds of the City and each month a report is made to the Cite Clerk with a copy to the Council and finance director. Finally,the City Treasurer nuts invest city money as alloyed under state law subject to any rules the Mayor and Council may prescribe. I I-I'1ealCharter8.ANA l August 3. 2000 9 Currently, the City Treasurer is to keep a special worker's compensation checking account. The Treasurer also keeps the cemetery funds. If new ordinances were not enacted with the new charter, the current ordinances would specify the Treasurer's duties together with applicable state law. The Common Council under proposed Article XXIII, Section 2301 is to decide who is to be bonded and the amount of the bond. Currently, Municipal Code §2.62.010(A) and(B) requires two bonds in the sum of$100,000 and $25,000 of the Treasurer. The latter is a trust fund bond. The premiums are paid by the City. Again, if new ordinances are not adopted, the current amounts will remain in force. This Article removes the elected City Treasurer as a check and balance in City Government. ARTICLE IX. VACANCIES. Sec. 900. Vacancies and forfeiture of office. This section sets forth the grounds upon which an elected office becomes vacant and requires that the vacancy shall be declared by resolution of the Common Council, stating the reasons for the vacancy. Sec. 901. Filling vacancies in elected offices. Mayor appoints to any vacant elected office a person eligible to fill the vacancy, subject to confirmation by the Common Council. The person appointed to fill the vacancy shall serve in the elected office until a person is elected to that office. The Common Council must call a special municipal election no later than thirty (30) days after it declares the vacancy and said special municipal election to till the vacancy must be held no later than one hundred and eighty (180) days after the declaration. Sec. 902. Filling vacancy in the Office of the Mayor. Mayor Pro-Tempore shall "become as Mayor with all powers and duties of the Mayor, and shall retain the right to vote as a member of the Common Council, until a person is elected to the Office of the Mayor for the remainder of the unexpired tenn or for a new term,at a special municipal election to be held no later than one hundred and eighty (180) days after the declaration. Last sentence in this section requires that the Mayor Pro-Tempore shall comply with Section 400 of this Charter within a reasonable period of time not to exceed six (6) months. 1 i',cal Charletx.:wA] nuOust 3.2000 10 ARTICLE X. ELECTIONS. Sec. 1000. General municipal elections. This section states that the City's general municipal election shall be held on the first "Tuesday following the first Monday of November of each odd numbered year. Sec. 1001. Run-off municipal elections. This section provides that if no candidate receives a majority of votes cast in the general municipal election, the Common Council shall immediately call a run-off municipal election involving the two candidates receiving the highest number of votes for the particular office in question which shall be held on the first Tuesday after the first Monday in February. This run-off date would be altered if a county-wide or state-wide election is scheduled within sixty(60)days after the February run-off date, in which case the two elections would be consolidated to the later date. Sec. 1002. Special municipal elections. This section sets forth the definition of special municipal elections and contains the same consolidation language for county-wide, state-wide, as well as general municipal and run-off municipal elections. This section retains the current charter practice that the candidate receiving the most votes in a special municipal election is the winner. Sec. 1003. Election dates. This section sets forth the offices to be filled by election in 2001 and in 2003 and every four (4) years thereafter. Sec. 1004. Procedures for holding elections. This section states that to the extent not provided for and to the extent not in conflict with the Charter, the elections shall be held in accordance with the provision of the Elections Code and the Governtnent Code of the State of California. Since this section mandates the use of the State Elections Code, it should be less confusing if the terms/language used in this Article for elections are the same terms as those used in state law. il:l"ealcharter8 ANAJ AU"Ust 3.2000 1 1 ARTICLE XI. INITIATIVE, REFERENDUM AND RECALL. See. 1100. Generally. Unlike the existing Charter in Article VII, this defers to the State Elections Code in regulating initiative, referendum and recall unless otherwise provided for in the Charter. This revision removes the City from the existing charter city exemption to the State Elections Code requirements for initiative and referendum. (Elections Code §9247). The proposed revisions also remove the City from the existing charter city exemption to the State Elections Code requirements for recall elections (Elections Code §11000). See. 1101. Initiative. Requires a petition signed by registered City voters constituting 25% of the total number of votes cast for Mayor to commence the initiative process for a proposed ordinance which is the same number required in the existing Charter. Defers to the California Constitution and state law for regulation of initiatives to amend the Charter. State law provides for a petition signed by 10% of the registered voters. (Elections Code §9215). This section specifies the "last" election at which the Mayor was elected as the election from which to calculate the 25% of the entire votes cast as the number of signatures needed on a petition to commence an initiative. See. 1102. Referendum. Requires a petition signed by registered voters constituting 25%of the total number of votes last cast for Mayor to commence the referendum process which is the same number required in the existing Charter. Such a petition suspends an ordinance and if not repealed by the Common Council, It is submitted to the voters. State law provides for a petition signed by 10% of the registered voters (Elections Code §9237). This section adds the requirement that the petition must be submitted to the City Clerk within 30 days after the final adoption date of the ordinance that is the subject of the referendum. It also further specifies that the petition must be signed by the required number of voters at the time the petition is submitted to the City Clerk. Sec. 1103. Recall. To recall an incumbent in elected office, a petition must be submitted which has been signed by registered voters eligible to vote for the incumbent in a number equal to the lesser of the following: A. Twenty-five percent of the registered voters eligible to vote for the incumbent. II lcaICharter8.ANA I Aui_'ust 3. 2000 12 B. The entire votes cast for all candidates for the incumbent's office at the last election at which the incumbent was elected; but not less than 10% of the registered voters eligible to vote for the incumbent proposed to be recalled. State law provides for 10% if the number of registered voters is 100,000 or more; for 15% i f the number of registered voters is less than 100,000 but at least 50,000; 20% if the number of registered voters is less than 50,000 but at least 10,000 and 25% if the number of registered voters is less than 10,000 but at least 1,000 (Elections Code §11221). This section specifies that the petition must be signed by the required number of qualified voters at the time the petition is submitted to the City Clerk; and designates the entire votes cast at the last election held for that elected office from which to calculate the required number of signatures on the petition. This change will allow the recall of an incumbent appointed to fill an elected office. ARTICLE XII. BOARDS AND COMMISSION. Sec. 1200. Creation. This new section 1200 allows the Mayor and Common Council to establish by ordinance such operational,advisory, appellate or rule making boards and commissions required for the proper operation of an agency of the city. The Board of Water Commissioners, Board of Library Trustees, Board of Education and Plannin`,, Commission are dealt with separately in the proposed charter. There is no comparable section in the existing Charter. Instead, the council currently may create boards and commissions under its general powers in Section 40(aa). In addition, the current Charter in Article XII-A, Sections 213 et. seq., includes a Park and Recreation Commission. Section 2206 of the proposed Charter continues the prior section as an ordinance with the same committee makeup. Municipal Code Chapter 2.17 lists the following boards, bureaus and commissions A. Planning Commission; B. Central City Parking Place Commission; C. Animal Advisory Commission-, D. Commission for Disabled Persons; E. Fine Arts Commission; F. Board of Fire Commissioners; LILLISt ;. 2000 13 G. Board of Police Commissioners; H. Human Relations Commission; 1. Main Street Advisory Board; J. Community Television Commission; K. Cemeter y n•Commissi o , L. Bureau of Franchises M. Board of Building Commissioners; N. Central City Advisory Board; O. Senior Affairs Commission. The duties of the Park and Recreation Commission are set forth in Chapter 2.18 of the Municipal Code. This chapter of the Municipal Code also provides for the number,appointment and qualifications of members. Sec. 1201. Appointment and removal of members. Proposed Charter Section 1201 requires the Mayor and Common Council to provide by ordinance for the appointment of board and commission members. Currently, a commission member serves during the term of the appointing person. In addition, nomination and appointment of a new member terminates the appointment of any member so replaced. Formal removal action is not now required. See Municipal Code §2.17.030. A formal removal action is required with approval of a super majority (5) of the Common Council. The proposed Charter section is unclear as to whether it supersedes Municipal Code §2.17.030 discussed above. Removes requirement that the Mayor appoints and the Council confirms. ARTICLE XIII. [RESERVED]. Sec. 1300. [Section Reserved]. Sec. 1301. [Section Reserved[. Sec. 1302. [Section Reserved]. Sec. 1303. [Section Reserved]. Sec. 1304. [Section Reserved]. I I:P/uaJChartcr8.ANA I ALIOUst 3. 2000 14 Sec. 1305. [Section Reserved]. Sec. 1306. [Section Reserved]. Sec. 1307. [Section Reserved]. Sec. 1308. [Section Reserved]. Sec. 1309. [Section Reserved]. Sec. 1310. [Section Reserved]. Sec. 1311. [Section Reserved]. Sec. 1312. [Section Reserved]. ARTICLE XIV. FREE PUBLIC LIBRARY. Sec. 1400. [Section Reserved]. Sec. 1401. Membership. This section outlines how the Board is to be composed and appointed. The appointment process differs from the current Charter in that it provides for one (1) appointment a year for five(5) consecutive \ears. rather than terms ending for three (3) members at the same time and two (2) members two (2) years later. However, the appointment schedule still provides for staggered terms. The term of the board members is changed from four (4) years to six (6) years. The eligibility requirements must be met in 29 days, prior to the date of appointment. This section also provides that board members shall hold office for the term until a successor is appointed. Additionally, board members can be removed by a vote of five (5) Council members, except for purposes of censorship. Sec. 1402. [Section Reserved]. Sec. 1403. [Section Reserved]. Sec. 1404. [Section Reserved]. Sec. 1405. [Section Reserved]. Sec. 1406. [Section Reserved]. .11`11/ea[Charter&A NA August 3. 2000 15 ARTICLE XV. [RESERVED]. Sec. 1500. [Section Reserved]. Sec. 1501. [Section Reserved]. Sec. 1502. [Section Reserved]. ARTICLE XVI. PLANNING COMMISSION. Sec. 1600. Creation. Creates the Planning Commission. Provides that the qualifications, terms, number, and manner and times of appointment shall be established by ordinance. This entire Article XVI is an addition to the existing Charter. Sec. 1601. Powers. Defers to State law and City ordinance for powers, where not inconsistent with the Charter. ARTICLE XVII. CHARTER REVIEW COMMITTEE. Sec. 1700. Creation. This proposed section establishes that a Charter Review Committee will be appointed in January 2010 and then again every ten years in January. However,the Mayor and Common Council may establish a Charter Review Committee whenever they find it necessary. The Committee will be appointed in accordance with Article XII which provides that the members will be appointed by a procedure the Council adopts as an ordinance. Membership is voluntary. Members will not be paid. There is no comparable section in the current Charter. This sectloll does not provide any standards as to how the Mayor and Common Council would find it necessary to establish a Charter Review Committee. Nor does it provide how a Charter Review Conu»ittee would be dissolved if the Mayor and Common Council no longer found it necessary to have a Charter Review Committee. This section also provides that membership in the Charter Review Committee will be .l1T/calchartcr8.NA August 3.2000 16 determined by Article XII which provides that procedures to make appointments to committees will be fashioned by an ordinance. No proposed ordinance accompanied this section and therefore no procedure would be in place should this section be adopted and therefore council action would have to be taken to initiate such a procedure. California Government Code Sections 34450 through 34470 preempt this subject,therefore this section is in conflict with state law and is invalid. Sec. 1701. Duties and procedure. Proposed Section 1701 establishes that the Charter Review Committee shall study and hold public meetings. The Charter Review Committee shall recommend amendments to the Charter. Amendments will be placed on the ballot for the next general municipal election. The Charter Review Committee must present its final recommendations to the Common Council by the first meeting in February of the year following the appointment of the Charter Review Committee. Council shall receive the recommendations before the deadline to place measures on the ballot for the next general municipal election for Mayor. There is no comparable section in the current charter. This section does not provide what the Charter Review Committee shall study or hold meetings about. This section limits recommendations the Charter Review Committee may make to- amendments. California Government Code Sections 34450 through 34470 occupy this field, therefore this section is in conflict with state law and is invalid. ARTICLE XVIII. SALARY COMMITTEE. Sec. 1800. Creation. This section establishes in the Charter a seven (7) member Salary Committee which shall be appointed by the Mayor and confirmed by the Common Council in January 2002 and in January every two (2) years thereafter. Sec. 1801. Duties and procedures. This section requires that after study and holding of public meetings on the issue of the total I compensation for each elected official (instead of using the word"officer"), not later than ninety(90) days before.Lune 30 in each even numbered year beginning in 2002 the Salary Committee shall make .I ITiealC'harter&ANA I AU�USI 3.2000 17 a recommendation to the Common Council. Prior to the end of the fiscal year,the Common Council shall adopt or disapprove the recommendation of the Salary Committee; the Common Council does not have the power to alter, amend or otherwise change the recommendation of the Salary Committee. Sec. 1802. Effective date of changes in compensation. This section states that any change in the total compensation for an elected official approved by the Common Council will not take effect until after the next election for that elected official. Since elections of the members of the Common Council are staggered, this will result in a period of time when some Council members are making more in total compensation than other Council members for doing the same job. ARTICLE XIX. CITIZEN ADVISORY COUNCIL. Sec. 1900. Enabling clause. Permits each Council member to establish a Citizens Advisory Council within ward. Council member determines composition, but section suggests it reflect "diverse interests within the Council members' ward." Does not define the term "diverse interests." Council member determines roles and functions, but suggests Citizen Advisory Council "should generally serve the underlying purposes of this article" and then defines those purposes. ARTICLE XX. PERSONNEL. Sec. 2000. Personnel system. A. Merit principle. This section provides that all appointments and promotions should be based on merit and fitness only. B. Merit system. This section provides that the Mayor shall establish, regulate and maintain, by ordinance, a personnel system based on merit. This section provides that all personnel issues that occur in the City shall be dealt with under this one system. This section also provides that this merit hased s\stem be consistent with all federal and state laws. .Ii I1ic4Chartcr8.ANAl August 3. 2000 18 Sec. 2001. Civil Service Board of Appeals. This section creates a Civil Service Appeals Board to review administrative decisions in the discipline, demotion, suspension, or removal of employees who are under the classified personnel system. There is no definition of which employees are under the classified personnel system, or whether this will be included in the ordinance creating the merit based personnel system. This section gives the Mayor the power to appoint five members subject to confirmation by the Common Council, which does not differ from the current Charter. The eligibility requirements must be satisfied 29 days. prior to the date of appointment. Additionally, this section provides an appointment schedule that allows for staggered terms. As in the current Charter, this section provides that Board Members serve six (6) year terms, which are extended until a successor is appointed. This section also allows the appointment of a new member for the remainder of a term vacated early. This section allows removal of Board Members by five (5) votes of the Common Council. This section also provides that the Board's decisions are final. Sec. 2002. Non-discrimination. This section provides that no person shall be favored or discriminated against with respect to city employment, position, contract or appointment for any reason or condition prohibited by state or federal laws and regulations. Sec. 2003. Nepotism. This section prohibits nepotism by any City officer or employee who has appointive power. This section states that no one with appointive power shall recommend the appointment, appoint, or vote or elect to any office, position, or employment with the City, any member of said person's immediate family. The definition given of immediate family is consistent to that found in 5 USCS ,1 10. Mhich prohibits nepotism in the Federal Government. Government Code Section 12940 prohibits discrimination with the exception that the section not affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility. Government Code Section 12940 could be interpreted as limiting no-nepotism rules to the supervision of spouses by spouses because no other exceptions are enumerated. However, there is no definitive case law interpreting Government Code 12940. This section needs additional research and discussion on this legal issue. Sce. 2004. Compensation. This section provides that the Mayor, or designee shall negotiate, establish and adjust total compensation for all employees and non-elected officers, except those appointed by the Common .1 F I'%eal Charter&ANA I ALIPUSt-3.2000 19 Council. All compensation determinations are subject to confirmation by the Council. The Mayor is to consult with the City Administrator and any affected department or agency head and other Officers of the City when making the determinations. ARTICLE XXI. FISCAL ADMINISTRATION. Sec. 2100. Fiscal year. Proposed Section 2100 seeks to have the fiscal year established by ordinance. The fiscal year will be wholly established by ordinance. No proposed ordinances accompanied this proposed Charter section. The closest comparable section in the current Charter is section 220. But section 220 of the current Charter does not provide that the fiscal year may be changed by ordinance. When something is placed in the Charter but is allowed to be changed by Ordinance, it weakens the strength and integrity of the Charter. Sec. 2101. Budget. Proposed Section 2101 states that every City department, office and agency shall provide in the form and time the Mayor and City Administrator direct all the information necessary to develop a budget that will conform to modern budget standards. The Common Council may also require additional information. Under the direction and control of the Mayor, the City Administrator shall prepare a budget that provides a complete financial plan of all City operations and activities for the next fiscal year. When preparing the budget the City Administrator shall review the information and confer with City department heads, agency heads, and officers. The mayor will present the budget to the Council in any form the Mayor desires after consulting with the Council. The Council must hold at least one public meeting regarding the budget. The Council will adopt a budget by resolution of'proposed expenditures and appropriations necessary for the next fiscal year. If a new budget is not adopted, the operations of the last fiscal year will be effective until the new budget and appropriation measures are adopted. The closest comparable section in the current Charter is section 130. This proposed section does not provide any time lines for the preparation of the budget whereas the current Charter in section 130 provides that on or before that last Monday in July of each year the City Clerk shall transmit to the Mayor and Common Council an estimate of the probable financial necessities for the C0 1i01- the lscal ecu. Such estimate shall include the amount needed to meet interest and principal amounts on indebtedness, salaries and probable wants of all departments, income, and revenue. .I FP/ea[Charter&ANA I Au_ust 3. 2000 20 Municipal Code Section 2.02.060(D)also addresses this issue. Currently the City Administrator and the City Clerk prepare the budget. If this proposed Charter section were adopted, San Bernardino Municipal Code 2.02.060(D) would have to be updated in this regard. Sec. 2102. Budget Message. The budget the Mayor presents to the Common Council must be accompanied by a budget message explaining the budget. The budget message shall outline the proposed financial policies, describe important features of the budget, summarize debt, and indicate major changes from the previous year including policies, expenditures, revenues, and reasons for said changes. The budget message shall include any other information the Mayor finds appropriate. The closest comparable section in the current Charter is section 130 which states that the City Clerk shall present an estimate of the probable financial necessities of the City government for the fiscal year. Sec. 2103. Municipal Taxes. Procedures for assessing, levying, and collecting taxes for municipal purposes shall be prescribed by ordinance, which shall conform to applicable state law. The closest comparable section in the current Charter is section 41 which provides that the Mayor and Common Council shall have the power,and it shall be their duty, to provide by ordinance a system for the assessment, levy, and collection of taxes. Such system shall conform as nearly as circumstances may permit to state law. Government Code Section 43000 provides that the City legislative body shall provide a system for the assessment, levy, and collection of taxes by ordinance. The 7/20/00 version includes a phrase stating that the ordinance shall conform to applicable state law. Sec. 2104. Independent Audit. After the beginning of each fiscal year, the Mayor, with the consent of Council, shall employ an uninterested qualified Certified Public Accountant ("CPA"). The CPA shall perform a yearly audit of the books, financial records, and related documents of the City according to generally accepted auditing standards for public agencies. The CPA shall have free access to books, records, inventories, and reports of all officers and employees who receive, handle or disperse public funds and any other officers, employees, departments or agencies as the Council may direct. As soon as possible after the end of the fiscal year, the audit and report shall be submitted by the CPA to the Mayor and Common Council and shall be available for public review and inspection. .I1 11/calCharter3.ANAI Augusi 3, 2000 21 The closest comparable section in the current Charter is section 50 which states that the Mayor shall have the books and records of all public departments, pertaining to the finances of the City. experted by a competent person at least once in every year. Section 50 also provides that the books, records, and official papers shall be open for inspection and examination. This proposed Charter section requires the Mayor to employ the CPA but also requires the consent of the Council to hire the CPA. ARTICLE XXII. TRANSITION. Sec. 2200. Adoption date and operative date. This section defines the term "Adoption Date" as the date the Charter is filed pursuant to state law, and the term "Operative Date" is defined as July 1, 2001. Sec. 2201. Officers, employees, boards, and commissions. This section provides that all officers, employees, and persons serving on any board or commission on the Adoption Date shall continue to perform the duties of their respective offices, employments. and appointments without interruption and under the same terms and conditions until provisions are made in accordance with the Charter or until a successor has been elected, employed,_ or appointed, except as follows: A. City Attorney and City Treasurer. The current elected City Attorney and elected City Treasurer, upon the Adoption Date, will serve as appointed City Attorney and appointed City Treasurer until a person is appointed to the office, or the office is vacated, or until July 1, 2001, whichever is earlier. B. Park and Recreation Commission. The Park and Recreation Commission will be established by ordinance pursuant to Charter §2206. All appointed members will continue to perform the duties as established in that ordinance. C. Mayor Pro-Tempore. The Mayor shall appoint a Mayor Pro-Tempore within ninety (90) days after the Adoption Date in accordance with Charter §404. D. [Reserved]. F:. [Reserved]. .I FN/ealCharter3.AN A J August 3,2000 22 F. Civil Service Board. The Civil Service Board continues to exist,but after the Operative Date (July 1, 2001), or the earlier adoption of the ordinance required by Article XX of the Charter, the Board will perform the functions of the Civil Service Board of Appeals pursuant to Charter §2001, and all members will continue to serve until their term expires or the member resigns or is otherwise removed in accordance with the Charter. Sec. 2202. Initial salaries of elected officials. A. Mayor - $80,000 per year, effective on the Adoption Date. B. Members of the Common Council - $12,000 per year, effective on the ,Adoption Date. C. Salary of City Clerk. The Common Council shall establish the initial salary of the City Clerk by resolution within ninety (90) days after the Adoption Date of this Charter. Following the initial salaries set forth above, the total compensation to elected officials, including salary, will be in accordance with Article XVIII of this Charter. Sec. 2203. Municipal laws and regulations. All ordinances, resolutions, orders, rules, and other regulations not inconsistent with this Charter on July 1, 2001, will remain in force until amended, repealed, or replaced. Any ordinance, resolution, order, rule, or regulation inconsistent with this Charter on July 1, 2001, is repealed. Prior to July 1, 2001: A. Each officer, department, agency, board or commission promulgating any orders, rules. or regulations must review, amend, repeal, or replace the order, rule, or regulation to ensure consistency with the Charter. B. The City Attorney and City Clerk must review all ordinances and resolutions, report to the Mayor, and propose amendment/repeal of the ordinances/resolutions inconsistent with the Charter to the Common Council. I F P/ealCharter8.AN A I AuOust 3. 2000 �� Sec. 2204. Previous personnel system. This section provides that until July 1, 2001, the current Charter §§246 through 261 remain in full torce and effect unless amended. After July 1, 2001, or the earlier adoption of the required ordinance pursuant to Article XX of the Charter, the current system ceases to be in effect. Any employee grievance proceeding commenced prior to the Adoption Date shall not be affected. Sec. 2205. Safety employees' salaries. This section provides that the current Charter §186 shall remain in full force and effect, unless SB402 or similar binding arbitration action from the State is adopted and implemented. In the event SB402 or similar legislation is repealed, the rules and regulations contained in SB402 or similar binding arbitration will be in effect. Sec. 2206. Previous charter sections treated as ordinances. This section provides that the following sections of the current Charter shall be treated as an ordinance. If any conflict or inconsistency arises, the Charter will prevail. Section 70. Sections 131-132; Section 135; Sections 139-140; Section 143; Section 149; Sections 180-185; Sections 213-217; Section 219; Section 229; Section 234; Section 238; and Section 240. These sections need a thorough analysis. Sec. 2207. Effectiveness and repeal of former Charter. The provisions of the Charter will be in full force and effect upon the Adoption Date. The former Charter is repeated, with the exception of Section 134 and Sections 160 through 171 which shall remain in full force and effect in this Charter as Article XIII; Sections 207 through 212 which shall remain in full force and effect in this Charter as Sections 1400 and 1402 through 1406 of Article XIV; and Sections 190 through 192 which shall remain in full force and effect in this Charter as Sections 1500-1502 of Article XV. .I1I':calChartcr8.ANAl August 3, 2000 24 Sec. 2208. Elimination of transition provisions. City Attorney may deem transition provision(s) as obsolete by virtue of this Charter. City Clerk shall remove at next printing of Charter. ARTICLE XXIII. MISCELLANEOUS Sec. 2300. Oath of office. This section provides that every officer of the City, whether appointed or elected, take an oath of office before entering the duties of that office. The oath of office is provided for in California Constitution, art. XX, §3. Charter 5222 currently states that whenever the oath of office is mentioned it means the oath or affirmation prescribed by the Constitution of the State. Further,Civil Service Rule 414 states that upon appointment,each officer and employee shall take such oath of office as may be required by law or prescribed by the Council. Sec. 2301. Official bonds. This section provides that the City shall determine by ordinance which officers and employees of the City are subject to bonds, shall fix the amount of the bonds, and provide for the payment of the bonds. Charter §20 currently provides that officers of the City shall execute to the City such Official Bond as required by law. ordinance, or the Charter. All bonds are approved by the Mayor and Common Council and filed with the City Clerk. San Bernardino Municipal Code §2.62.010 sets the amount of the bonds, and §2.62.020 provides for a blanket position bond for each employee of the City, except employees in the Water Department. Sec. 2302. Conflicts of interest and ethics. This section allows the City to establish by ordinance regulations governing conflicts of interest and ethics applicable to all City officers, employees, board and commission members, and candidates for office. The section also allows the adoption or revision of these regulations without negotiation or meet and confer requirements unless otherwise required by law. .I F P'ea[Charter&ANA[ ALIgUst 3.2000 25 The Political Reform Act, Government Code §§81000-91014, allows a local agency to impose additional requirements as long as these requirements do not prevent the person from complying with the Act. .San Bernardino Municipal Code, Chapter 2.60, currently provides for the disclosure of financial interests by various City officials. Further, San Bernardino Municipal Code, Chapter 2.74, provides for disclosure of financial interests of members appointed to City committees. Sec. 2303. Prohibition against holding other office or City positions. This section prohibits an elected official from holding any other elected office and from holding any other office of employment which is compensated by the City during the term for which he/she was elected. The section also prohibits a former elected official from holding any office or employment compensated by the City for at least one(1)year after their term has expired. This does not, however, preclude a former elected official from serving on any regional, state, federal, or other governmental agency or commission. Charter §225 currently provides that no salaried employee, elected or appointed, shall hold any other office of honor, trust, or emolument under the government of the United States or this State, except a Notary Public, Court Commissioner, or an office in the National Guard. -['his section needs further discussion. Sec. 230=1. Delivery of books, papers, and property to successors. This section states that all papers, records, etc., prepared or purchased by the City remains the property of the City, and all employees must deliver this property to their successors upon termination of employment. This section is basically the same as the current Charter §226. Sec. 2305. Effect of Invalidity in part. This section states that if any part of the Charter is held to be unconstitutional or otherwise invalid, the remaining portions would still be valid. This severability clause is new to the Charter. .11:11'ra ICharterx ntinl Sec. 2306. Violation of Charter. This section is new to the Charter. This section allows the Mayor and Common Council to prescribe by ordinance which provisions of the Charter, if any, constitute a punishable offense if violated and the penalty for that violation. .I1:PieaICharter&ANA j August 3. 2000 27 CITY ATTORNEY ANALYSIS OF 3RD REVISION: 08/04/00 PROPOSED SAN BERNARDINO CITY CHARTER PREAMBLE. The Preamble is well stated and concise. ARTICLE I. INCORPORATION AND SUCCESSION. Sec. 100. Name and Boundaries. This section basically states that the City remains and continues as a municipal corporation. The boundaries of the City are those that are established at the time the Charter is adopted. It would be more clear to include a legal description of what those boundaries are, in order to document it. This section also provides that boundaries may be changed as authorized by law. This issue needs further discussion. Sec. 101. Succession to rights, property, and liabilities. This section provides that the City remains vested with all rights and privileges that it has at the time the Charter is adopted. This puts the City in the same position it would have been in if the new Charter was not passed. It also provides that nothing changes ownership of property, debts, or obligations pre-existing the Charter. ARTICLE II. POWERS OF CITY. Sec. 200. Generally. This section incorporates all rights given to Charter Cities under the California Constitution. It provides that the City may act pursuant to State law and is not limited to powers specifically enumerated in the Charter. It further provides that the City shall have the power to make and enforce all laws and regulations regarding municipal affairs, subject only to such restrictions and limitations that may be provided in this Charter or the Constitution of the State of California. Sec. 201. Intergovernmental actions. This section allows the City to cooperate and join with other cities, foreign countries, states, civil agencies or the Federal Government to perform or finance any of its functions. .IF P/ddlCharter9.ANA I ,insist 4. 2000 1 ARTICLE III. LEGISLATIVE BRANCH. Sec. 300. Common Council. This section creates the Common Council and divides the City into seven(7) wards. To that extent, it is substantially similar to Art. I, Section 3 of the current Charter. Sec. 301. Creation of wards. This section delineates the process for determining the boundaries of the wards. It retains the prohibition against boundary changes occurring more than once in any two (2) year period nor within ninety (90) days of any general municipal election as currently set forth in Art. I, Section 3. This section further provides factors to be considered in drawing and/or redrawing such boundaries. Sec. 302. Eligibility to hold office. This section sets forth the eligibility requirements to hold office as a member of the Common Council, requiring that a person must be a citizen of the United States, a qualified elector of the City, and a resident of the ward from which the person is elected. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. Sec. 303. Term of office. This section has been changed to revert to the current terms of office so that the commencement of the four (4) year term begins on the first meeting of the Common Council in March following the Council member's election. However, if the Council member is elected at a run-off election (which could be as late as April), then the term begins on the first meeting at which the election result~ are certified. Sec. 304. Powers. This section distills the legislative powers of the Common Council and indicates that all legislative power shall be exercised by ordinance or resolution, subject to the approval of the Mayor as set forth in this Charter. This section further states that all other powers of the Common Council may be exercised by order or resolution, where not inconsistent with this Charter or ordinances of the City, and subject to the approval of the Mayor as set forth in this Charter. It delineates the power of the Common Council (with 5 votes) to "make formal investigations into the affairs of the City, or the conduct of any city department, office, agency, board, or commission." This section specifies that disobedience of a subpoena issued by the Common Council shall constitute a misdemeanor and shall be punished in the same manner as violations of this Charter are punished. .I 1:11iddICharter9.AN,1 I AU�llst 4.2000 2 Sec. 305. Ordinances, resolutions, and orders. The first paragraph of this section requires that no order (with two exceptions) and no ordinance or resolution shall be valid unless it receives the affirmative vote of at least four (4) members of the Common Council Subsection A. defers in large part to state law(commencing with Government Code Section 3693 1) relative to the enactment process for ordinances. Subsection B. sets forth the approval timelines for the Mayor to act upon ordinances, resolutions, and orders. Approval of the Mayor is not required for emergency ordinances or quasi-judicial decisions of the Common Council. Subsection C. sets forth the override timelines by the Common Council of ordinances, resolutions and orders. Subsection D. gives the Mayor the same veto power over orders and resolutions when the Mayor and Common Council have designated themselves as the Community Development Commission of the City, in the same manner as the Mayor has in the City, subject to the power of the Commission to override any disapproval, in the same manner as the Common Council has in the City. Subsection E. reflects the relative dates of adoption for ordinances, resolutions and orders. Sec. 306. Committees of the Common Council. This section empowers the Common Council, by ordinance or resolution, to establish committees composed of less than a quorum of the Common Council. It sets forth the role and purpose of such committees. Approval of the Mayor is not required for action taken under this section. Sec. 307. Communication with management. This section permits members of the Common Council to communicate with and/or inquire of the city administrator, department heads, agency heads, or other officers of the city for certain specified purposes. This section further restricts the power of members of the Common Council relating to certain activities or undertakings. Unclear what "coerce" or "improperly influence" means. resulting in possible criminal exposure to members of the Common Council. Sec. 308. Meetings. This section proposes to replace current Charter Section 35. It authorizes the time and place of regular meetings to be established by ordinance. It authorizes the Common Council to establish rules for conduct of its meetings and proceedings, and may order the removal of any [Council] member or other person "for disrupting the meeting or failing to comply with orders of the person presiding at the meeting.* I FP/Lid ICharter9.ANA :\uust 4.2000 3 Sec. 309. Mayor to preside. This section specifies that the Mayor, or in such absence the Mayor pro-tempore, shall preside, both having the same powers to disapprove any order of the Common Council. However, the Mayor pro-tempore does not have any other power of disapproval, unlike the Mayor. If both the Mayor and the Mayor pro-tempore are absent, the Common Council may choose one of its own to preside who shall retain the right to vote but shall not have the power to disapprove orders of the Common Council. Sec. 310. Employees of Common Council. phis section empowers the Common Council to appoint, discipline, remove and prescribed qualifications and duties for employees that directly serve the Common Council. The second sentence states that the approval of the Mayor is not required for any action of the Common Council taken under this section. ARTICLE IV. EXECUTIVE BRANCH. Sec. 400. The Mayor. Creates position of Mayor by election to exercise charter mandated powers and duties. Sec. 401. Eligibility to hold office of Mayor. Person must be a citizen, qualified elector and continuous resident of City at least twenty- nine days prior to filing nomination papers for election to office and continuously thereafter during the term of office. Sec. 402. Term of Office. Provides for a four-year term beginning at first meeting of Common Council in March following Mayor's election. If Mayor is elected at run-off, term begins on the first meeting at which the election results are certified. Sec. 403. Poi ers and duties. This section vests management and administrative authority of the City in the Mayor; makes Mayor accountable to the people. Describes Mayor's role vis a vis the people. .1 FP/ddl Charter9.AN.AI August 4, 2000 4 s Mandates Mayor to execute and uphold all laws and ordinances of the City. A. Transfers language from current Charter regarding supervision of all public officers. B. Vests power of appointment and removal of Mayor's staff in the Mayor. C. Vests in Mayor power of appointment and prescription of qualifications for department heads. agency heads and other non-elected officers of the City subject to confirmation of Common Council. D. Vests in Mayor power to discipline and remove any non-elected department head, agency head, or other non-elected officer with two-thirds Council approval, except for employees serving at the pleasure of elected officials or other City officers. E. Charges Mayor to approve/disapprove within five (5) business days all appointments, disciplines and removals, subject to a personnel system to be adopted pursuant to Charter. F. Chary-es Mayor to ensure that all contracts and agreements with the City are faithfully kept and fully performed. G. Make recommendations to Common Council regarding affairs of the City and publicly address Common Council at least once a year on the state of the City. H. Mavor is to be active in promotion of economic development. 1. Prepare and submit annual budget to Common Council and keep Common Council advised on financial condition and future needs of the City. J. Mayor to be City's representative in intergovernmental relations and for ceremonial events. K. Declare local emergencies and coordinate emergency responses thereto following a procedure to be established by ordinance. 1_. Authorizes issuance of written *Executive Orders and provides for repeal of same by five (5) votes on the Common Council. *No provision for informal Executive Order. I FP/ddlCharter9.ANA l August 4. 2000 5 Further discussion and language are needed to clarify Council's authority to override a verbal Executive Order. Such an override is authorized in the current Charter. This authority was originally granted by the electorate due to a verbal Executive Order issued by a former Mayor. M. Performs other duties and functions per charter or ordinance. Sec. 404. Mayor Pro-Tempore. To be appointed by Mayor and confirmed by Council; Mayor may remove Mayor pro- tempore. Mayor pro-tempore shall have all powers and authority of Mayor when Mayor unable to pertorm duties and until Mayor is able to perform duties or until Common Council declares Office of`flavor vacant. See. 405. City Administrator. Creates position of City Administrator, appointed by Mayor subject to Common Council confirmation. Mayor may remove the City Administrator without Council confirmation. Establishes minimum requirements to be City Administrator; provides for supervision by the Mayor and provides for duties, responsibilities and functions to be established by Executive Order of the Mayor. See. 406. Police and Fire Departments. Creates the police and fire departments which shall be under the control and management of the Mayor. Sec. 407. Police Department - Membership. States that the Police Department shall consist of a Chief of Police and such officers and ether police officers as the Mayor and Common Council may determine. See. 408. Chief of Police - Duties. Same powers and duties as under state law; arrest suspects; have charge of City jail and prisoners, etc. See. 409. Fire Department - Membership. States that the lire department shall consist of a Fire Chief and as many assistants and other employees as the Mayor and Common Council may determine. .I I:P/ddl Charter9.ANA I Augast 4. 2000 6 ARTICLE V. CITY CLERK. Sec. 500. The City Clerk. This section creates the Office of the City Clerk and provides that the person holding such oft-ice shall be elected by all the voters of the City. Sec. 501. Eligibility to hold office. This section places in the Charter the requirements to be eligible to hold the Office of the City Clerk. to wit: A person must be a citizen of the United States, a qualified elector of the City, a resident of the City, and shall have at least five (5) years experience as a city clerk or deputy city clerk. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. See. 502. Term of office. The analysis of this section is identical to that of proposed Sec. 303., including the different scenarios when the official could take office. Sec.503. Deputy city clerks and other employees. This section states that "The City Clerk may appoint, discipline, remove, and prescribe qualifications and duties of all Deputy City Clerks and other employees working in the Office of the City Clerk." Language clearly spells out that all deputy city clerks and other employees in the City Clerks office serge at the pleasure of the City Clerk. Sec. 504. Powers and duties. This section delineates the powers and duties of the City Clerk. It requires the City Clerk to conduct or cause the conduct of all municipal elections. ARTICLE VI. CITY ATTORNEY. Sec. 600. The City Attorney. Creates position of City Attorney. Provides for appointment by Mayor who also may remove subject to confirmation by Common Council. IFP/dd[Charter9.ANA I August 4,2000 7 Removes elected City Attorney as check and balance in City Government. Sec. 601. Eligibility. Sets minimum requirements to be City Attorney. Sec. 602. Deputy City Attorneys and other employees. The section allows the City Attorney to appoint, discipline, remove, and prescribe qualifications and duties for all Deputy City Attorneys and other employees. The section also provides that each Deputy must be a licensed attorney at all times, and that all employees serve at the pleasure of the City Attorney. Sec. 603. Duties. A. Advise the Mayor, Common Council, officers, and boards and commissions in all matters of law pertaining to their offices, powers, and duties. B. Attend all meetings of the Common Council. C. Represent and appear for the City. Mayor, Common Council. and boards and commissions. in any legal action or proceeding in which they or any of them are concerned or are a party. D. Represent and appear for all City officers or employees or former officers or employees in any action or proceeding brought against him or her in his or her official or individual capacity, on account of an act or omission in the scope of his or her employment as an officer or employee of the City, x�henever the City is required by state law or whenever the Common Council elects to provide such defense. E. Prosecute on behalf of the People violations of this Charter or ordinances of the City and prosecute on behalf of the People misdemeanor offenses and infractions arising from the violation of state law and for which the City Attorney is specifically granted the power of enforcement by state law or those violations which are drug or vice related. I.. Perform other legal services requested by the Mayor or Common Council. .IPP!ddICharter9.ANA I AuLUst 4. 2000 8 Sec. 604. Prohibition against private practice. The City Attorney shall not conduct any private law practice while holding office. Sec. 605. Outside legal counsel. The Mayor and Common Council shall jointly have the power and authority to employ and engage such outside legal counsel and services for the interest and benefit of the City and the inhabitants thereof. This language negates the watch dog role of an elected City Attorney and negatively impacts the ability of an appointed City Attorney to properly supervise the City's legal affairs. ARTICLE VII. SECTIONS 700-706 HAVE BEEN DELETED. ARTICLE VIII. CITY TREASURER. Sec. 800. The City Treasurer. Section 800 provides that the Common Council shall establish by ordinance the procedures for appointing and qualifications for a City Treasurer. The ordinance shall also define the duties, responsibilities and functions of the City Treasurer. Where not inconsistent with the charter or city ordinances. state law shall also define the duties of the City Treasurer. The ordinance reflecting the,foregoing has not yet been prepared. Current Charter Section 70 defines the duties of the City Treasurer. These duties are "receive and pay out all monies, . . . keep an account of all receipts and expenditures. He shall make a monthly account to the Mayor and Common Council of the receipts and expenditures of the preceding month. He shall perform the duties required of him by law and the Mayor and Common Council. He shall not pay out any monies belonging to the City except on claims presented, allowed and submitted in the manner provided by this charter." Additional duties are included in current Municipal Code Chapters 2.08, 3.08 and 3.36. These duties include the deposit of City money into designated depositories in compliance with the State Constitution and laws. Transfer of money between funds with majority Council approval. The City Treasurer is the custodian of all monies, stocks and bonds of the City and each month a report is made to the City Clerk with a copy to the Council and finance director. Finally, the City Treasurer may invest city money as allowed under state law subject to any rules the Mayor and Council may prescribe. 11 1',ddlCharter9.ANA August 4.2000 9 Currently, the City Treasurer is to keep a special worker's compensation checking account. The Treasurer also keeps the cemetery funds. If new ordinances were not enacted with the new charter, the current ordinances would specify the Treasurers duties together with applicable state law. The Common Council under proposed Article XXIII, Section 2301 is to decide who is to be bonded and the amount of the bond. Currently, Municipal Code §2.62.010(A) and (B) requires two bonds in the sum of$100,000 and $25,000 of the Treasurer. The latter is a trust fund bond. The premiums are paid by the City. Again, if new ordinances are not adopted, the current amounts will remain in force. This Article removes the elected City Treasurer as a check and balance in City Government. . ARTICLE IX. VACANCIES. Sec. 900. Vacancies and forfeiture of office. This section sets forth the grounds upon which an elected office becomes vacant and requires that the vacancy shall be declared by resolution of the Common Council, stating the reasons for the vacancy. Sec. 901. Filling vacancies in elected offices. Mayor appoints to any vacant elected office a person eligible to fill the vacancy, subject to confirmation by the Common Council. The person appointed to fill the vacancy shall serve in the elected office until a person is elected to that office. The Common Council must call a special municipal election no later than thirty (30) days after it declares the vacancy and said special municipal election to till the vacancy must be held no later than one hundred and eighty (180) days after the declaration. Sec. 902. Filling vacancy in the Office of the Mayor. Mayor Pro-Tempore shall "becomes Mayor with all powers and duties of the Mayor, and shall retain the right to vote as a member of the Common Council, until a person is elected to the Office of the Mayor for the remainder of the unexpired term or for a new term,at a special municipal election to be held no later than one hundred and eighty (180) days after the declaration." Last sentence in this section requires that the Mayor Pro-Tempore shall comply with Section 400 of this Charter within a reasonable period of time not to exceed six (6) months. .I FPiddICharter9.AN A I August 4, 2000 10 ARTICLE X. ELECTIONS. Sec. 1000. General municipal elections. This section states that the City's general municipal election shall be held on the first Tuesday following the first Monday of November of each odd numbered year. Sec. 1001. Run-off municipal elections. This section provides that if no candidate receives a majority of votes cast in the general municipal election. the Common Council shall immediately call a run-off municipal election involving the two candidates receiving the highest number of votes for the particular office in question which shall be held on the first Tuesday after the first Monday in February. This run-off date would be altered if a county-wide or state-wide election is scheduled within sixty(60)days after the February run-off date, in which case the two elections would be consolidated to the later date. Sec. 1002. Special municipal elections. This section sets forth the definition of special municipal elections and contains the same consolidation language for county-wide, state-wide, as well as general municipal and run-off municipal elections. This section retains the current charter practice that the candidate receiving the most votes in a special municipal election is the winner. Sec. 1003. Election dates. This section sets forth the offices to be filled by election in 2001 and in 2003 and every four (4) years thereafter. Sec. 1004. Procedures for holding elections. This section states that to the extent not provided for and to the extent not in conflict with the Charter, the elections shall be held in accordance with the provision of the Elections Code and the Gon-ernmeni Coda of the State of California. Since this section mandates the use of the State Elections Code. it should be less confusing if the terms/language used in this Article for elections are the same terms as those used in state law. I I I"ddlChartcr9.;\N;1� :vheist a.2000. 11 ARTICLE XI. INITIATIVE, REFERENDUM AND RECALL. Sec. 1100. Generally. Unlike the existing Charter in Article VII, this defers to the State Elections Code in regulating initiative, referendum and recall unless otherwise provided for in the Charter. This revision removes the City from the existing charter city exemption to the State Elections Code requirements for initiative and referendum. (Elections Code §9247). The proposed revisions also remove the City from the existing charter city exemption to the State Elections Code requirements for recall elections (Elections Code §11000). Sec. 1101. Initiative. Requires a petition signed by registered City voters constituting 25% of the total number of votes cast for Mayor to commence the initiative process for a proposed ordinance which is the same number required in the existing Charter. Defers to the California Constitution and state law for regulation of initiatives to amend the Charter. State law provides for a petition signed by 10% of the registered voters. (Elections Code §9215). This section specifies the "last" election at which the Mayor was elected as the election from which to calculate the 25% of the entire votes cast as the number of signatures needed on a petition to commence an initiative. Sec. 1102. Referendum. Requires a petition signed by registered voters constituting 25%of the total number of votes last cast for Mayor to commence the referendum process which is the same number required in the existing Charter. Such a petition suspends an ordinance and if not repealed by the Common Council, it is submitted to the voters. State law provides for a petition signed by 10% of the registered voters (Elections Code §9237). This section adds the requirement that the petition must be submitted to the City Clerk within 30 days after the final adoption date of the ordinance that is the subject of the referendum. It also further specifies that the petition must be signed by the required number of voters at the time the petition is submitted to the City Clerk. Sec. 1103. Recall To recall an incumbent in elected office, a petition must be submitted which has been signed by registered voters eligible to vote for the incumbent in a number equal to the lesser of the following: A. Twenty-five percent of the registered voters eligible to vote for the incumbent. .I I:PiddlCharter9.ANA l August a.2000 12 B. The entire votes cast for all candidates for the incumbent's office at the last election at which the incumbent was elected; but not less than 10% of the registered voters eligible to vote for the incumbent proposed to be recalled. State law provides for 10% if the number of registered voters is 100,000 or more; for 15% if the number of registered voters is less than 100,000 but at least 50,000; 20% if the number of registered voters is less than 50,000 but at least 10,000 and 25% if the number of registered voters is less than 10,000 but at least 1.000 (Elections Code §11221). This section specifies that the petition must be signed by the required number of qualified voters at the time the petition is submitted to the City Clerk; and designates the entire votes cast at the last election held for that elected office from which to calculate the required number of signatures Oil the petition. This change will allow the recall of an incumbent appointed to fill an elected office. ARTICLE XII. BOARDS AND COMMISSIONS. Sec. 1200. Creation. This new section 1200 allows the Mayor and Common Council to establish by ordinance such operational. advisory, appellate or rule making boards and commissions required for the proper operation of an agency of the city. The Board of Water Commissioners, Board of Library Trustees, Board of Education and Planning Commission are dealt with separately in the proposed charter. There is no comparable section in the existing Charter. Instead, the council currently may create boards and commissions under its general powers in Section 40(aa). In addition, the current Charter in Article XII-A, Sections 213 et. seq., includes a Park and Recreation Commission. Section 2206 of the proposed Charter continues the prior section as an ordinance with the same committee makeup. Municipal Code Chapter 2.17 lists the following boards, bureaus and commissions A. Planning Commission; B. Central City Parking Place Commission; C. Animal Advisory Commission; D. Commission for Disabled Persons: E. Fine Arts Commission: F. Board of Fire Commissioners; IITiddjcharter9.ANAl \UllUst 4. 2000 13 G. Board of Police Commissioners, H. Human Relations Commission; I. Main Street Advisory Board; .I. Community Television Commission; K. Cemetery Commission; L. Bureau of Franchises M. Board of Building Commissioners; N. Central City Advisory Board; O. Senior Affairs Commission. The duties of the Park and Recreation Commission are set forth in Chapter 2.18 of the Municipal Code. This chapter of the Municipal Code also provides for the number, appointment and qualifications of members. See. 1201. Appointment and removal of members. Proposed Charter Section 1201 requires the Mayor and Common Council to provide by ordinance for the appointment of board and commission members. Currently, a commission member serves during the term of the appointing person. In addition. nomination and appointment of a new member terminates the appointment of any member so replaced. Formal removal action is not now required. See Municipal Code §2.17.030. A formal removal action is required with approval of a super majority (5) of the Common Council. The proposed Charter section is unclear as to whether it supersedes Municipal Code §2.17.030 discussed above. Removes requirement that the Mayor appoints and the Council confirms. ARTICLE XIII. [RESERVED]. Sec. 1300. (Section Reserved]. Sec. 1301. (Section Reserved]. See. 1302. (Section Reserved]. See. 1303. JSection Reservedl. Sec. 1304. ISection Reservedl. .I I I':dd I C hartei-9..\N A B r\ugust 4. 2000 14 Sec. 130 . [Section Reserved]. Sec. 1306. ]Section Reserved]. Sec. 1307. ]Section Reserved[. Sec. 1308. ]Section Reserved]. Sec. 1309. [Section Reserved]. Sec. 1310. [Section Reserved]. See. 1311. [Section Reserved]. Sec. 1312. ]Section Reserved]. ARTICLE XIV. BOARD OF LIBRARY TRUSTEES. Sec. 1400. Creation. This section creates the Board of Library Trustees. Sec. 1401. ;Membership. This section outlines how the Board is to be composed and appointed. The appointment process differs from the current Charter in that it provides for one (1) appointment a year for five (5) consecutive years. rather than terms ending for three (3) members at the same time and two (2) members two (2) years later. However, the appointment schedule still provides for staggered terms. The term of the board members is changed from four (4) years to six (6) years. The eligibility requirements must be met in 29 days, prior to the date of appointment. This section also provides. that board members shall hold office for the term until a successor is appointed. Additionally, board members can be removed by a vote of five (5) Council members, except for purposes of censorship. This section. and the entire article, need further discussion. Sec. 1402. Powers and duties. This section defines the powers and duties of the Board of Library Trustees. It prescribes the following: \u'u'llsi A. 2000 15 A. To manage, control, and operate a central public library and branch public libraries within the City. B. To make and enforce all rules, regulations, and by-laws necessary for the administration, governance and protection of the public library system and all property belonging to it or that may be loaned to it. C. To appoint. discipline, remove, fix compensation, and prescribe qualifications and duties for the direction of the public library system. D. To appoint, discipline, remove, fix compensation and prescribe qualifications and duties for such officers and employees as may be necessary for the administration, governance and protection of the public library system, subject to the personnel system procedures under this Charter. E. To purchase books. journals, publications, etc. and to rent and equip such buildings or rooms as may be necessary or proper for the operation and maintenance of the public library system. F. To, in a manner prescribed by the Mayor, submit a recommended budget to the Mayor. It requires the budget be accompanied by a "message" detailing important features and major changes from the preceding year. G. To administer any trust declared or created for the public library system and to receive donations, bequests and other monies or property. It also provides It also provides the power to dispose of property for the benefit of the public library system. H. To borrow or lend books to other jurisdictions and allow non-residents to borrow books upon condition the Board may prescribe. 1. To contract with schools, counties, or other governmental agencies to render or receive library services or facilities. This section contains most of the same provisions as the current Charter and adds the provisions requiring a submission of a budget, and the power to contract with schools, counties and other governmental agencies. .I P11/ddIcharter9.Ati;1 Augusl a. 2000 16 Sec. 1403. Library fund. This section creates the library fund to be used solely for financial support of the public library system. The monies in the fund are to be kept separate from other monies of the City and can be drawn only upon demands authenticated by the Board. This section also provides that the fund shall he comprised of revenues generated from any fines, sales, or operations of the public library s\stem. as well as monies received from local, state and federal grants, donations, gifts, etc., unless the deposit of such monies would be inconsistent with the terms or conditions of its acquisition. There is no library fund under the current Charter, however,the current Charter provides for a library tax of at least $2,000.00 per year. Sec. 1404. Title to property. This section provides that all property for the purpose or use of the public library system shall vest and remain in the name of the City. This is identical to current Charter §209,except that it does not include the clause that allows it to be sued for and defended by action at law in the name of the City. This clause should be added. ARTICLE XV. [RESERVED]. Sec. 1500. (Section Reserved]. Sec. 1501. ISection Reserved]. Sec. 1502. ISection Reserved]. ARTICLE XVI. PLANNING COMMISSION. Sec. 1600. Creation. Creates the Planning Commission. Provides that the qualifications, terms, number, and manner and times of appointment shall be established by ordinance. This entire Article XVI is an. addition to the existing Charter. Sec. 1601. Powers. Defers to State law and City ordinance for powers, where not inconsistent with the Charter. n P ddl hill-M-9 A\ \1 \U'us,l a. 2000 17 ARTICLE XVII. CHARTER REVIEW COMMITTEE. See. 1700. Creation. "Fhis proposed section establishes that a Charter Review Committee will be appointed in January 2010 and then again every ten years in January. However,the Mayor and Common Council may establish a Charter Review Committee whenever they find it necessary. The Committee will be appointed in accordance with Article XII which provides that the members will be appointed by a procedure the Council adopts as an ordinance. Membership is voluntary. Members will not be paid. There is no comparable section in the current Charter. This section does not provide any standards as to how the Mayor and Common Council would find it necessary to establish a Charter Review Committee. Nor does it provide how a Charter Review Committee would be dissolved if the Mayor and Common Council no longer found it necessary to have a Charter Review Committee. This section also provides that membership in the Charter Review Committee will be determined by Article XII which provides that procedures to make appointments to committees will be fashioned by an ordinance. No proposed ordinance accompanied this section and therefore no procedure would be in place should this section be adopted and therefore council action would have to be taken to initiate such a procedure. California Government Code Sections 34450 through 34470 preempt this subject, therefore this section is in conflict with state law and is invalid. Sec. 1701. Duties and procedure. Proposed Section 1701 establishes that the Charter Review Committee shall study and hold public meetings. The Charter Review Committee shall recommend amendments to the Charter. Amendments will be placed on the ballot for the next general municipal election. The Charter Review Committee must present its final recommendations to the Common Council by the first meeting in February of the year following the appointment of the Charter Review Committee. Council shall receive the recommendations before the deadline to place measures on the ballot for the next general municipal election for Mayor. There is no comparable section in the current charter. .11 P ddIChanm-9.A\Al AUgust a. 2000 18 This section does not provide what the Charter Review Committee shall study or hold meetings about. This section limits recommendations the Charter Review Committee may make to amendments. Culifbrniu Government Code Sections 34450 through 34470 occupy this field,therefore this section is in conflict with state law and is invalid. ARTICLE XVIII. SALARY COMMITTEE. Sec. 1800. Creation. This section establishes in the Charter a seven (7) member Salary Committee which shall be appointed by the Mayor and confirmed by the Common Council in January 2002 and in January every two (2) years thereafter. Sec. 1801. Duties and procedures. This section requires that after study and holding of public meetings on the issue of the total compensation for each elected official (instead of using the word"officer"),not later than ninety (90) days before June 30 in each even numbered year beginning in 2002 the Salary Committee shall make a recommendation to the Common Council. Prior to the end of the fiscal year,the Common Council shall adopt or disapprove the recommendation of the Salary Committee; the Common Council does not have the power to alter, amend or otherwise change the recommendation of the Salary Committee. Sec. 1802. Effective date of changes in compensation. This section states that any change in the total compensation for an elected official approved by the Common Council will not take effect until after the next election for that elected official. Since elections of the members of the Common Council are staggered, this will result in a period of time when some Council members are making more in total compensation than other Council members for doing the same job. ARTICLE XIX. CITIZEN ADVISORY COUNCIL. Sec. 1900. Enabling clause. Permits each Council member to establish a Citizens Advisory Council within ward. Council member determines composition, but section suggests it reflect "diverse interests within the Council .I1:1'iddICharter9.ANA I \u"ust 4. 2000 19 members' ward." Does not define the term "diverse interests." Council member determines roles and functions, but suggests Citizen Advisory Council "should generally serve the underlying purposes of this article" and then defines those purposes. ARTICLE XX. PERSONNEL. Sec. 2000. Personnel system. A. Merit principle. This section provides that all appointments and promotions should be based on merit and fitness only. B. Merit system. This section provides that the Mayor shall establish, regulate and maintain, by ordinance, a personnel system based on merit. This section provides that all personnel issues that occur in the City shall be dealt with under this one system. This section also provides that this merit based system be consistent with all federal and state laws. Sec. 2001. Civil Service Board of Appeals. This section creates a Civil Service Appeals Board to review administrative decisions in the discipline, demotion, suspension, or removal of employees who are under the classified personnel system. There is no definition of which employees are under the classified personnel system, or whether this will be included in the ordinance creating the merit based personnel system. This section gives the Mayor the power to appoint five members subject to confirmation by the Common Council, which does not differ from the current Charter. The eligibility requirements must be satisfied 29 days. prior to the date of appointment. Additionally, this section provides an appointment schedule that allows for staggered terms. As in the current Charter, this section provides that Board Members serve six (6) year terms, which are extended until a successor is i appointed. This section also allows the appointment of a new member for the remainder of a term vacated early. This section allows removal of Board Members by five (5) votes of the Common Council. This section also provides that the Board's decisions are final. Sec. 2002. Non-discrimination. This section provides that no person shall be favored or discriminated against with respect to city employment. position, contract or appointment for any reason or condition prohibited by state or federal laws and regulations. �IdIC'hartcr9.,N\, AI :august 4,2000 20 Sec. 2003. Nepotism. This section prohibits nepotism by any City officer or employee who has appointive power. This section states that no one with appointive power shall recommend the appointment, appoint, or vote or elect to any office, position, or employment with the City, any member of said person's immediate family. The definition given of immediate family is consistent to that found in 5 USCS >;1 10, which prohibits nepotism in the Federal Government. Government Code Section 12940 prohibits discrimination with the exception that the section not affect the right of an employer to reasonahl} regulate. for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility. Government Code Section 12940 could be interpreted as limiting no-nepotism rules to the supervision of spouses by spouses because no other exceptions are enumerated. However, there is no definitive case law interpreting Government Code 12940. This section needs additional research and discussion on this legal issue. Sec. 2004. Compensation. This section provides that the Mayor, or designee shall negotiate, establish,and adjust total compensation for all employees and non-elected officers, except those appointed by the Common Council. All compensation determinations are subject to confirmation by the Council. The Mayor is to consult with the City Administrator and any affected department or agency head and other Officers of the City when making the determinations. ARTICLE XXI. FISCAL ADMINISTRATION. Sec. 2100. Fiscal year. Proposed Section 2100 seeks to have the fiscal year established by ordinance. The fiscal year will be wholly established by ordinance. No proposed ordinances accompanied this proposed Charter section. The closest comparable section in the current Charter is section 220. But section 220 of the current Charter does not provide that the fiscal year may be changed by ordinance. When something is placed in the Charter but is allowed to be changed by Ordinance, it weakens the strength and integrity of the Charter. Sec. 2101. Budget. Proposed Section 2101 states that every City department, office and agency shall provide in the form and time the Mayor and City Administrator direct all the information necessary to develop a budget that will conform to modern budget standards. The Common Council may also require JFI"ddICharter9.ANA l AUK Ulst 4. 2000 21 additional information. Under the direction and control of the Mayor, the City Administrator shall prepare a budget that provides a complete financial plan of all City operations and activities for the next fiscal year. When preparing the budget the City Administrator shall review the information and confer with City department heads. agency heads, and officers. The mayor will present the budget to the Council in any form the Mayor desires after consulting with the Council. The Council must hold at least one public meeting regarding the budget. The Council will adopt a budget by resolution of proposed expenditures and appropriations necessary for the next fiscal year. If a new budget is not adopted. the operations of the last fiscal year will be effective until the new budget and appropriation measures are adopted. The closest comparable section in the current Charter is section 130. This proposed section does not provide any time lines for the preparation of the budget whereas the current Charter in section 130 provides that on or before that last Monday in July of each year the City Clerk shall transmit to the Mayor and Common Council an estimate of the probable financial necessities for the City for the fiscal year. Such estimate shall include the amount needed to meet interest and principal amounts on indebtedness, salaries and probable wants of all departments, income, and revenue. Municipal Code Section 2.02.060(D) also addresses this issue. Currently the City :administrator and the City Clerk prepare the budget. If this proposed Charter section were adopted, Scm Bei-nurdinu Municipal (.ode 2.02.060(D) would have to be updated in this regard. Sec. 2102. Budget Message. The budget the Mayor presents to the Common Council must be accompanied by a budget message explaining the budget. The budget message shall outline the proposed financial policies, describe important features of the budget, summarize debt, and indicate major changes from the previous year including policies, expenditures. revenues, and reasons for said changes. The budget message shall include any other information the Mayor finds appropriate. The closest comparable section in the current Charter is section 130 which states that the City Clerk shall present an estimate of the probable financial necessities of the City government for the fiscal year. Sec. 2103. Municipal Taxes. Procedures for assessing, levying, and collecting taxes for municipal purposes shall be prescribed by ordinance. which shall conform to applicable state law. The closest comparable section in the current Charter is section 41 which provides that the Mayor and Common Council shall have the power,and it shall be their duty,to provide by ordinance .ire dd1Chartcr9.ANAI August 4. 2000 �� a system for the assessment, levy, and collection of taxes. Such system shall conform as nearly as circumstances may permit to state law. Governmeni Code Section 43000 provides that the City legislative body shall provide a system for the assessment, levy, and collection of taxes by ordinance, which shall conform to state law. There is a possible Proposition 218 issue with this section and current Charter §41. See. 2104. Independent Audit. After the beginning of each fiscal year, the Mayor, with the consent of Council, shall employ an tulinterested qualified Certified Public Accountant ("CPA"). The CPA shall perform a yearly audit of the books, financial records, and related documents of the City according to generally accepted auditing standards for public agencies. The CPA shall have free access to books, records, inventories, and reports of all officers and employees who receive, handle or disperse public funds and any other officers, employees, departments or agencies as the Council may direct. As soon as possible after the end of the fiscal year, the audit and report shall be submitted by the CPA to the Mayor and Common Council and shall be available for public review and inspection. The closest comparable section in the current Charter is section 50 which states that the Mayor shall have the books and records of all public departments, pertaining to the finances of the City. experted by a competent person at least once in every year. Section 50 also provides that the books, records. and official papers shall be open for inspection and examination. This proposed Charter section requires the Mayor to employ the CPA but also requires the consent of the Council to hire the CPA. ARTICLE XXII. TRANSITION. See. 2200. Adoption date and operative date. This section defines the tern "Adoption Date" as the date the Charter is filed pursuant to state law, and the term "Operative Date" is defined as July 1, 2001. Sec. 2201. Officers, employees, boards, and commissions. This section provides that all officers, employees, and persons serving on any board or commission on the Adoption Date shall continue to perform the duties of their respective offices, employments, and appointments without interruption and under the same terms and conditions until provisions are made in accordance with the Charter or until a successor has been elected, employed, or appointed. except as follows: .I1 "(WIC'hartei-9.ANAI August a. 2000 �j A. City Attorney and City Treasurer. The current elected City Attorney and elected City Treasurer, upon the Adoption Date, will serve as appointed City Attorney and appointed City Treasurer until a person is appointed to the office. or the office is vacated, or until July 1, 2001, whichever is earlier. B. Park and Recreation Commission. The Park and Recreation Commission will be established by ordinance pursuant to Charter §2206. All appointed members will continue to perform the duties as established in that ordinance. C. Mayor Pro-Ternpore. The Mayor shall appoint a Mayor Pro-Tempore within ninety (90) days after the Adoption Date in accordance with Charter §404. D. [Reserved]. E. Board of Trustees of the Free Public Library. The Board of Trustees of the Free Public Library continues to exist, but performs the functions of the Board of Library Trustees pursuant to Article XIV of the proposed Charter. All members of the Board continue to serve until their term expires, the member resigns, or the member is removed. F. Civil Service Board. The Civil Service Board continues to exist, but after the Operative Date (July 1, 2001), or the earlier adoption of the ordinance required by Article XX of the Charter, the Board will perform the functions of the Civil Service Board of Appeals pursuant to Charter §2001, and all members will continue to serve until their term expires or the member resigns or is otherwise removed in accordance with the Charter. Sec. 2202. Initial salaries of elected officials. A. Mayor - $80,000 per year, effective on the Adoption Date. B. Members of the Common Council - $12,000 per year, effective on the Adoption Date. C. Salary of City Clerk. The Common Council shall establish the initial salary of the Citv Clerk by resolution within ninety (90) days after the Adoption Date of this Charter. [:()I lowi the initial salaries set forth above. the total compensation to elected officials, including salary. will be in accordance with Article XVIII of this Charter. .I PP/ddl Charier9.ANA I ALIgUst 4. 2000 24 See. 2203. Municipal laws and regulations. All ordinances. resolutions, orders, rules, and other regulations not inconsistent with this Charter on .July 1, 2001. will remain in force until amended, repealed, or replaced. Any ordinance, resolution, order, rule, or regulation inconsistent with this Charter on July 1, 2001, is repealed. Prior to July 1, 2001: A. Each officer, department, agency, board or commission promulgating any orders, rules, or regulations must review, amend, repeal, or replace the order, rule. or regulation to ensure consistency with the Charter. B. The City Attorney and City Clerk must review all ordinances and resolutions, report to the Mayor, and propose amendment/repeal of the ordinances/resolutions inconsistent with the Charter to the Common Council. Sec. 2204. Previous personnel system. This section provides that until July 1, 2001, the current Charter §§246 through 261 remain in full force and effect unless amended. After July 1, 2001, or the earlier adoption of the required ordinance pursuant to Article XX of the Charter, the current system ceases to be in effect. Any employee grievance proceeding commenced prior to the Adoption Date shall not be affected. See. 2205. Safety employees' salaries. This section provides that the current Charter §186 shall remain in full force and effect, unless SB402 or similar binding arbitration action from the State is adopted and implemented. In the event SB402 or similar legislation is repealed, the rules and regulations contained in SB402 or similar binding arbitration will be in effect. See. 2206. Previous charter sections treated as ordinances. This section provides that the following sections of the current Charter shall be treated as an ordinance. If any conflict or inconsistency arises, the Charter will prevail. Section 70; Sections 131-132; Section 135; Sections 139-140; Section 143; Section 149; Sections 180-185; Section 210; Section 212; Sections 213-217; Section 219; Section 229, Section 234; Section 238; and Section 240. .1 FT ddICharter9.f\N,-\I August 4. 2000 25 These sections need a thorough anal sis. Sec. 2207. Effectiveness and repeal of former Charter. The provisions of the Charter will be in full force and effect upon the Adoption Date. The former Charter is repealed, with the exception of Section 134 and Sections 160 through 171. inclusive, which shall remain in full force and effect in this Charter as Sections 1300-1312, inclusive, of Article X111; and, Sections 190 through 1922, inclusive, which shall remain in full force and effect in this Charter as Sections 1500-1502, inclusive, of Article XV. Sec. 2208. Elimination of transition provisions. City Attorney may deem transition provision(s) as obsolete by virtue of this Charter. City Clerk shall remove at next printing of Charter. ARTICLE XXIII. MISCELLANEOUS Sec. 2300. Oath of office. This section provides that every officer of the City, whether appointed or elected, take an oath of'oftice before entering the duties of that office. The oath of office is provided for in California Constitution, art. XX, §3. Charter §222 currently states that whenever the oath of office is mentioned it means the oath or affirmation prescribed by the Constitution of the State. Further. Civil Service Rule 414 states that upon appointment,each officer and employee shall take such oath of office as may be required by law or prescribed by the Council. Sec. 2301. Official bonds. This section provides that the City shall determine by ordinance which officers and employees of the City are subject to bonds, shall fix the amount of the bonds. and provide for the payment of the bonds. Charter§20 currently provides that officers of the City shall execute to the City such Official Bond as required by law, ordinance, or the Charter. All bonds are approved by the Mayor and Common Council and filed with the City Clerk. .II-I'iddlCharter9.ANAI :august 4. 2000 26 San Bernardino Municipal Code §2.62.010 sets the amount of the bonds, and §2.62.020 provides for a blanket position bond for each employee of the City, except employees in the Water Department. Sec. 2302. Conflicts of interest and ethics. This section allows the City to establish by ordinance regulations governing conflicts of interest and ethics applicable to all City officers, employees, board and commission members, and candidates for office. The section also allows the adoption or revision of these regulations without negotiation or meet and confer requirements unless otherwise required by law. The Political Reform Act, Government Code §§81000-91014, allows a local agency to impose additional requirements as long as these requirements do not prevent the person from complying with the Act. Sun Bernardino Municipal Code, Chapter 2.60, currently provides for the disclosure of financial interests by various City officials. Further, San Bernardino Municipal Code, Chapter 2.74, provides for disclosure of financial interests of members appointed to City committees. Sec. 2303. Prohibition against holding other office or City positions. This section prohibits an elected official from holding any other elected office and from holding any other office of employment which is compensated by the City during the term for which he/she was elected. The section also prohibits a former elected official from holding any office or employment compensated by the City for at least one(1) year after their term has expired. This does not, however, preclude a fonner elected official from serving on any regional, state, federal, or other governmental agency or commission. Charter §225 currently provides that no salaried employee, elected or appointed, shall hold any other office of honor, trust, or emolument under the government of the United States or this State, except a Notary Public, Court Commissioner, or an office in the National Guard. This section needs further discussion. Sec. 2304. Delivery of books, papers, and property to successors. This section states that all papers, records, etc., prepared or purchased by the City remains the property of the City, and all employees must deliver this property to their successors upon termination of employment. .IFP/ddlCharter9.ANA1 August 4, 2000 27 This section is basically the same as the current Charter §226. Sec. 2305. Effect of Invalidity in part. This section states that if any part of the Charter is held to be unconstitutional or otherwise invalid, the remaining portions would still be valid. This severability clause is new to the Charter. Sec. 2306. Violation of Charter. This section is new to the Charter. This section allows the Mayor and Common Council to prescribe by ordinance which provisions of the Charter, if any, constitute a punishable offense if violated and the penalty for that violation. IITiddlCharter9ANAI August 4.2000 28 mom b 0 w � o Rs En o o cl > o 0 H -- > -- o N "� a, U Y o M U 3 ao BOO coo a. O o cz a. t "I > En -d o o a4 t U Qj U U p O . i.O , a N O p u m um E w U Q o U U] V] U w o UCES U ° Z~ O c O M vi vii O c� t 't i ^ > ~ N En O Q O U O ¢ U ci H W v> >, ° o '�. 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O Cit + v d x + cd U + U x INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR JUDITH VALLES A I ME MBERS OF THE COMMON COUNCIL FROM: RACHEL G.CLARK,CITY CLE lr{''�✓ SUBJECT: SAN BERNARDINO CRY CHAR CO 3RD REVISION: 08/04/00)" DATE: 08/04/00 CC: CRY ATTORNEY JAMES PENMAN,CRY ADMINISTRATOR FRED WILSON,ED RAYA, DIRECTOR OF HUMAN RESOURCES;JAMES P.MORRIS,CHARTER REVIEW COMMITTEE ATTACHED FOR YOUR DELIBERATIONS AT TODAY'S SPECIAL COUNCIL MEETING ARE COPIES OF THE FOLLOWING: 1. San Bernardino City Charter Summary of Changes— 08/04/99 (Blue Copy— 6 pages) This document summarizes the changes that have been made as a result of the direction given by the Mayor and Council at their last meeting held on July 26,2000. 2. San Bernardino City Charter— Draft CCO 3,d Revision: 08/04/00 (Blue Copy— 32 pages) This document is the proposed charter in its entirety and reflects the changes described in the Summary. At the meeting of the Mayor and Council held on July 26,2000,the following motion was approved: "That the draft City Charter be approud in cmapt, and that the City Attorney and City Clerk prepare the documaits required to place the prz psed C barter on the ballot,including any legal issues that nil to be addressed,and that said docu nazt be brought back before the Mayor and Cmvrm CmO at the next xbeduled meeting" The Council adjourned the meeting of July 26 to 5 p.m. on Wednesday, August 2, 2000. Unfortunately, as explained in my memo to you of August 1, we learned that the posting of the August 2nd agenda was not done within the required 72 hour period;therefore,the meeting could not take place. Mayor Valles then called a special meeting that is scheduled for 5 p.m.today. The Mayor, City Attorney, and City Clerk and members of their respective staffs have met in two meetings to carefully review and proofread the changes. The blue copy of the draft Charter presented to you today represents the changes approved in concept by the Mayor and Council as well as any non-substantive changes, i.e., typographical or grammatical errors that were jointly identified by the Mayor,City Attorney,and City Clerk. If this document is approved by the Common Council at today's meeting,we will then prepare a final document deleting any strikeouts,etc. so that you will have a clean copy of what will be submitted to the voters. The City Attorney's Office is providing, under separate cover, the resolutions they have prepared that would place the Charter on the November ballot,call for the special election,etc. If you have any questions, I will be happy to address them. '*CCO means City Clerk's Office and the abbreviation is used simply to identify the department that made the changes as directed by the Mayor and Council. CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: Mayor Judith Valles Members of the Common Cou cil FROM: Huston T. Carlyle, Jr. Sr. Assistant City Attorney DATE: August 3, 2000 RE: Letter dated July 27, 2000 from Mr. James P. Morris concerning Proposed City Charter dated 07/10/00 and Revised 07/24/00. This office has had an opportunity to review Mr. Morris' letter of July 27, 2000 listing the concerns of the Charter Review Committee ("Committee"), as well as its proffered reasoning and suggestions regarding the Proposed Charter. A copy of the letter is attached hereto. We offer the following observations to said letter. 1. Section 304 - Powers of the Common Council. We do not agree with the Committee's concerns that the insertion of the word"legislative" before the word "powers" in the first sentence of Section 304 has the potential to lead to future confusion and ambiguity as to whether the Mayor or the Common Council is authorized to act in an area not expressly delegated or assigned by the Charter. We do not agree that the first and third sentences of Section 304 are in conflict with each other. 2. Section 305(E) - Date of Adoption for Ordinances Resolutions and Orders. The Committee raises a concern involving possible"gap scenarios" on approval dates. The 2nd Revision 08/03/00 Draft Charter contains language addressing those instances in which the Mayor could veto an ordinance and/or resolution, but chooses to take no action whatsoever. The date of adoption for emergency ordinances or quasi-judicial decisions is not specifically mentioned in Section 305(E), but to the extent it has been argued that "emergency ordinances" (which is undefined in the Charter) is "found"in state law,then Section 305(A)would appear to have"default language" which would seem to cover emergency ordinances since "the requirements for the introduction, consideration,adoption,and effective date of ordinances, . . . shall be governed by state law." (emphasis added) The last sentence in 305(B) would also appear to lead one to reasonably, if not clearly, conclude that the adoption date for emergency ordinances and quasi-judicial decisions 1 y/0o W is the date so approved by the Common Council since the Mayor's approval is not required. 3. Section 403(A) - Powers and Duties of the Mayor. The concern raised by the Committee involves a policy issue to be decided by the Mayor and Common Council. The language in the 2nd Revision 08/03/00 Draft Charter for Section 403(A) was placed there at the request of at least one member of the Common Council. 4. Section 403(D) - Powers and Duties of the Mayor. The Committee is essentially asking the Common Council to reconsider its inclusion of the 2/3 approval requirement. The language in the 2nd Revision 08/03/00 Draft Charter has been modified to limit its application by excepting employees serving at the pleasure of an elected official or other officer. Again, this is a policy issue to be decided by the Mayor and Common Council. 5. Section 503 - Deputy City Clerks and Other Employees. The concern raised by the Committee has been addressed by the language changes in the 2nd Revision 08/03/00 Draft Charter. Specifically, language found in Sections 403(D), 503 and 602 now all contain similar, if not identical, "serve at the pleasure" verbiage. The Article concerning the Water Board has been reserved and most Sections concerning the Library Board have also been reserved. The language for the Common Council in Section 310 is sufficient and the language for the Mayor in Section 403(B) is sufficient, in particular because of the wording of Section 403(D). 6. Section 902 - Filling Vacancy in the Office of the Mayor. The concerns raised by the Committee appear to be two-fold. First, there is the concern about consistency in using the word"becoming." The language in the 2nd Revision 08/03/00 Draft Charter inserts the word "become" in lieu of"serve"on the second line of Section 902, thus making the wording consistent and compatible with the intent of Section 309. Second, there is the concern over what may be called"timing." The Committee is concerned that 6 months may not be sufficient time to comply with Section 400 since the special election could be held close to the end of 6 months and if the Mayor Pro-Tempore is running for office, he/she may not know the results at the expiration the 6 month time period. This concern, which is somewhat problematical, could be addressed by extending the time requirement from 6 to 8 months for compliance with Section 400. 7. Section 1305 - Transfer of Water Funds. The language in the 2nd Revision 08/03/00 Draft Charter relative to Article XIII and Section 2207 takes care of the concern of the Committee and does so in a manner best protecting the status quo. 8. Article XV - Board of Education. The language in the 2nd Revision 08/03/00 Draft Charter relative to Article XV and Section 2207 takes care of the concern of the Committee and does so in a manner best protecting the status quo. It should be noted that the Committee is representing to the Mayor and Common Council that the San Bernardino Unified School District and their legal counsel do not want to retain the other provisions relating to the board of education contained in Sections 193, 194 and 200 of the existing charter. Based upon that representation, Sections 190, 191 and 192 in the existing charter would be retained; the other subject matters in the other sections would be controlled by State law,presumably lound for the most part in the Education Code. 9. Section 2205 - Sunset of Previous Section 186. The language in the 2nd Revision 08/03/00 Draft Charter contains additional protection for public safety employees which is not found in Mr. Morris' letter. Specifically, there is language requiring the City of San Bernardino to maintain in effect the rules and regulations contained in . Senate Bill 402 or any similar binding arbitration action from the State of California should SB402 or similar legislation be repealed. The Committee's proffered language does not contain this additional guarantee. 10. Miscellaneous, Non-substantive Changes to Proposed Charter. A. Section 305(D) has been changed to add the word "Common." B. There does not appear to be a compelling reason why the proffered language of the Committee should be inserted in lieu of the language in the 2nd Revision 08/03/00 Draft Charter for Section 408. The word "the" has been added before the word "klayor" in the last sentence of this section. C. "Fire Chief' has replaced "Fire Engineer" in Section 409. D. The term "elected official"is appropriate in Section 1801 and should not be changed. E. A comma has been placed after the word "laws" in the first sentence of Section 2000(B). F. The proposed grammatical language proffered by the Committee has been incorporated in Section 2301. attachment BEST BEST & KRIEGER LLP Cjj oy 3750 University Avenue, Suite 400 roil l7�QF P.O. Box 1028 00 Riverside, California 92502-1028 Ul ?8 R%y� Telephone: (909) 686-1450 Telecopier: (909) 686-3083 0 44 TELECOPIER TRANSMISSION DATE: July 27, 2000 To: i NAm FAxNo. PHONE No. COUNCILMEMBER ANDERSON 909-384-5105 COUNCII,MEMBER ESTRADA I COUNCILN EMBER LIEN I COUNCILMEMBER MCCAMMACK ± COUNC MCGE*;MS COUNCILMEMBER SCHNETZ COUNCILMEMBER SUARPZ FROM: JIM MORRIS RE: PROPOSED CITY CHARTER DATED 07/10100 AND REVISED 07/24/00 FILE No.: USER NO.: No. OF PAGES NCLUDING COVER: 13 ME99AGE: ORIGINAL To FOLLOW: No I PLEASE DELIVER A COPY*OF TEE ATTACHED LETTER TO EACH COLINCII.NMNMER CAUTION-CONFIDENTIAL: THE DOCUMEM BEING IMECOPIED TO YOU MAY CONTAIN INFOI;LMATIOQN PROTECTED BY THE ATTORNEY-CLIENTAVORK PRODUCT PRIVILEGE. It is intended only for the person to whom it is eddraued. 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SALTEMAN FRANKLIN C.ADAMS VICTOR L. WOLF KIM A. SVRCN& MARCO A,MARTIN[= WILLIAM WOOD MERRILL DANIEL C. OLIVIER SCAN DCRLlTH JOHN IF, WALSM HOWARO a, COLDS SONIA RVSIO CARVALMO DANIEL S.STEVENSON D. BRIAN R[ID[R &Tl PM EN P. DEITSOw JOHN O. PINKNCY JCFFRY F, FEAR[ KIRK W.iMnW JOHN R, . ;T19C6CA"E PICRO S. DALLARDA OORINE LAWRCHOC MUOME& DINA O. HARRIS MARTIN A. MUELLER OWIOMT M, MONTGOMERY ALISON D. ALPERT J. MIC 4.S SVMM[ROVq WILLIAM D. DAMLINS JR. KR:SMAN S. CMORRA OFFIC[4 IN �CCTT C.SMITH DCRNI[L.WILLIAMSON JAY J. L[C RAYMOND SCiT 11♦G1.1 G*7) INDIAN WCLLS(7SO)64S•SS I 1 JACK R. CLAP KC.JR. S. HENRY WE LLE4 JAMES O. TURMEV JAMES N. KRICOCR(I OI 3.1970) ONTARIO(000)OSO-6464 BRIAN M.LiWli• RICHARD T. 940ER MICHAEL D. OOLIOA luOENI&[ST I t 094.1 of 1) Saw OI COO C4 O)3i7.1790 •A ►RO►EiiIONAL CORPORATION July 27, 2000 VIA FACSI.mmF.AND FIRST CLASS X IL Mayor Judith VaUes City of San Bemardino 300 North D Street San Bernardino, California 92418 Re: Proposed City Charter dated 07/10/00 and Revised 07/24/00 Dear Mayor Valles: On July 27,2000,the Common Council voted to approve in concept the proposed San Bernardino City Charter dated 7/10/00 and revised 07/24/00("Proposed Charter"). Onbehalfofthe Charter Review Committee ("Committee"), I want to bring to your attention and make some suggestions regarding the impact of several changes in the Proposed Charter and some of the continuing concerns expressed about the Proposed Charter. This letter is intended to simply the Committee's concerns; reasoning, and suggestions regarding the Proposed Charter. convey 1. Section 304 -Powers of the Common Council. The Proposed Charter amends the first sentence of Section 304 to read as follows: "Except as otherwise provided in this Charter, all lemma powers of the City are vested in the Common Council." While this change may appear relatively innocuous, it deletes an important default Provision in the charter. Without the word "legislative," this sentence ensures that to the extent a certain power or duty of the City is not expressly delegated or assigned by the Charter,the power or duty is to be exercised by the Common Council. This addresses ambiguities that will certainly arise in the future, where the City would like to take a certain action or exercise a certain power, but the Charter is silent as to which officer or body of the City is vested with the authority to take the action or exercise the power. This sentence was intended to address this concern by giving the Common Council the default authority to take the action or exercise the power. Without this default authority, there wdl be confusion and infighting over who has the authority to act under the Charter, LAW OFFICES OF BEST BEST & KRIEGER LLP Mayor Judith VaUes July 27, 2000 Page 2 In addition,the second sentence of the Section 304 of the Proposed Charter addresses how the Common Council exercises its"legislative power"(by ordinance or resolution),and the third sentence addresses how the Common Council exercises its"other powers" (by order or resolution). Thus, the third sentence of this section expressly recognizes that the Common Council has powers other than legislative powers. The first sentence, however, expressly limits the powers of the Common Council to only legislative powers. The first and third sentences of Section 304 in the Proposed Charter conflict with each other. It is important to understand that the term "legislative" has an express legal connotation, and means"pertaining to the function of law-making or to the process of enactment of laws." (Black's Law Dictionary, 6th Ed.) While the enactment of laws is an important function of the Common Council, it is by no means the only function. The Common Council is responsible for many actions which are not legislative in nature, such as adopting the budget, making or confirming appointments,ordering the payment ofmoney,instituting or settling litigation,investigating the affairs of the City, etc. " For all the reasons stated above, the Committee strongly urges eliminating the term legislative" from the first sentence of Section 304 of the Proposed Charter. 2. Section 305(E) -Date of Adoption for Or 'nance& Resolutions and Orders. The changes to Section 305(E)of the Proposed Charter appear inconsistent with the Mayor's authority to disapprove Council actions and the Council's authority to override the Mayor's disapproval. For many legal reasons, it is important that an exact"date of adoption" be established for actions by the Common Council. Because the Mayor has the power to disapprove the actions, and the Common Council has the power to override the Mayor's disapproval, the date of adoption needs account for the various scenarios which may occur. In the Proposed Charter, the first sentence of Section 305(E) fails to account for circumstances when the Mayor approves the Council's action by default (e.g., by not disapproving the action within five days— see section 305(B)). The first sentence only addresses circumstances when the Mayor either expressly approves the action or the Council overrides the Mayor's disapproval. In addition, the second sentence of this section fails to account for the fact that the Mayor's approval is not required for emergency ordinances or quasi-judicial actions (see section 305(B)). The Committee strongly urges restoring the original language of Section 305(E). The original language appropriately establishes a firm date of adoption for all scenarios under the approval and override powers. LAW OFFICES OF BEST BEST & KRIEGER LLP Mayor Judith Valles July 27, 2000 Page 3 3. Section 403lA) —Powers and Duties of the Mayor. Section 403(A)of the Proposed Charter eliminates an important general power of the Mayor; the power to exercise management authority over the city administration, and to delegate various functions and duties in furtherance of this power. The Committee strongly urges restoring the original language of Section 403(A) to ensure the Mayor, as the chief executive officer of the City, is fully authorized to manage and administrate the City. In regards to the language added to Section 403(A) of the Proposed Charter, the Committee is concerned about certain ambiguities in the wording. In submitting its proposed charter, the Committee was careful to eliminate confusing or legalistic wording in the charter, and attempted to make the document understandable for the average citizen, employee, or officer. The Committee suggests that the additional language could be more readily understood, while preserving the same intent and meaning, if it was stated as follows: "Observe the conduct of all public officers in the execution of their powers and duties, and protect the public interest by reporting to the Common Council any willful neglect of duty or official misconduct for action in accordance with applicable laws." The Committee also suggests that the above language be placed separately in a new Section 403(B), as it is clearly a diftrent and additional power and duty delegated to the Mayor. 4. Section'on 403 and Duties of the Mayor. At the Council meeting at which the Proposed Charter was approved in concept,the Committee did not have the opportunity to address the change made to Section 403(D). In the Proposed Charter, Section 403(D)requires the consent oftwo-thirds of the Common Council for the Mayor's removal of a department head, agency head, or other non-elected officer of the City. The Committee's original recommendation did not require the consent Of the Common Council. As discussed below,the reason this restriction was not imposed was for the purpose ofbalancing check's on the Mayor's executive power with the separation of functions between the executive branch and the legislative branch of our city government. Under the Proposed Charter,the Mayor appoints, with confirmation by the Common Council,the key officers within the City's administration who are directly accountable to the Mayor for administrative functions. These appointees include the City Administrator,department heads,and agency heads. The Council's role in confirming these appointments is critical to ensuring that the appointees are the best qualified individuals and not merely political or personal friends of the Mayor. The confirmation process acts as a check against the "bad"Mayor. It is important, however, that removal of key officers in the executive branch be a decision of the Mayor. As the elected chief executive officer (CEO), the Mayor is directly accountable to the People of San Bernardino for administration and management of the City. LAW OFFICES or BEST BEST & KRIEGER LLP Mayor Judith Vanes July 27, 2000 Page 4 Because of this accountability, the Mayor must have the ability to remove key officers with whom the Mayor cannot work. An undesirable circumstance for the City would be a Mayor forced to work with a subordinate appointed officer with whom the Mayor does not agree or who resists wor king with Mayor. At best,this circumstance leads to inefficiency,divisiveness,and ineffective management of the City; at worst, the Mayor loses the ability to control and lead the City's administration as its chief executive officer. At no other level government where the CEO is elected does the legislative body have control over the CEO's removal of key subordinate officers. The Governor of California is not constrained by this, and neither is the President of the United States. Successful management and administration of any corporate body, public or private, necessitates the CEO having the allegiance and accountability of persons subordinate to the CEO. Without this chain-of-command, a crisis in leadership and a dysfunctional administration is inevitable. By requiring the Council to approve the Mayor's removal of key officers, the accountability, allegiance, and chain-of-command between the Mayor and these key officers is broken. For example, if the Mayor and Finance Director cannot work together because of a`: . disagreement over management philosophy, clash of personalities, or a failure to carry out duties,as- the elected official responsible for day-to-day fiscal management of the Ci ty, the Mayor needs able to remove the Finance Director and appoint someone with whom the Mayor can r to Under the Proposed Charter, however, the vote of only 3 Councilmembers can prevent this necessary and critical change. The confirmation process allows a minority of the Council to effectively control the administration of the City. More importantly,any denial of a Mayor's request to remove the Finance Director immediately changes the allegiance of the Finance Director from the Mayor to the 3 Councilmembers. As noted above,the Proposed Charter contains an appropriate check on the Mayor's Power vis-a-vis appointed subordinate officers. The Council has the power to refuse to confirm the appointment of an unqualified or undesirable appointee. This check and balance works even with e "bad"Mayor who removes a competent and well-respected officer for purely personal or political reasons,because the Council can demand and ensure that the person appointed to replace that officer be just as competent and well-respected. The Committee strongly urges elimination of the requirement in Section 403(D)that two-thirds of the Council confirm the Mayor's removal of department heads,agency heads,and other non-elected officers. 5• X503 - Denuri Ciri Clerks and Other Emnl yam. The last sentence added to Section 503 of the Proposed Charter appears redundant of the first sentence. The first sentence gives the City Clerk the power to "appoint, disciplin ffi e, remove, and prescribe the qualifications and duties"of all deputy city clerks and other employees in the City Clerk's office. In essence, the City Clerk is given complete discretion and control over all LAW OFFICES OF BEST BEST s KRIEGER LLP Mayor Judith Valles July 27, 2000 Page 5 employment matters in the City Clerk's office. The second sentence merely repeats this fact by stating that all employees "serve at the pleasure of the City Clerk." While this additional language is not ill-advised in the abstract, it is confusing and Potentially harmful because the phrase "serve at the pleasure" is not used anywhere else in the Proposed Charter where discretion and control over employment matters are delegated to an officer or body of the City. The Committee was very careful to ensure that when similar powers or duties are delegated by the charter,the same language is used, so that future interpretations ofthe document will be consistent. One of the maxims used by the courts to interpret legislative or constitutional language, is that every word is to be given meaning and where the docurnern uses different words, the court should look to discern the intent of why the different language was used. Because the power of the City Clerk over the employment of persons within the City Clerk's office is the same as the employment power granted to the City Attorney, Water Board, Library Board, Mayor(for employees in the Mayor's office), and Common Council(for employees of the Council), the Committee strongly urges removing the last sentence to make these provisions consistent throughout the Proposed Charter and not subject to potentially different interpretations in the future. 6. Section 902 - Fillin Vacancy in the Office of the Mayor. The Proposed Charter adds a sentence to the end of Section 902 requiring the Mayor Pro-Tem to comply with all the requirements in Section 400 within 6 months of"becoming Mayor." First, it is important to understand that the Committee deliberately avoided referring to the Mayor Pro-Tem as "becoming Mayor" when he or she fills a vacancy in the Mayor's office. Instead, the Committee referred to the Mayor Pro-Tem as simply"serving"as Mayor(see the previous sentences in Section 902). The word"serve"was intentionally used to connote that the person filling a vacancy in an elected office was merely temporarily serving in that position, which is different from being elected to the position and holding the office. The same language vacancies in other elected offices. The Committee strongl courages use of the term 1 for flung Mayor." ecoming More importantly,the Committee strongly urges eliminating the sentence added to end of Section 902. Again, similar language is not used in Section 901, which establishes the same process for filling vacancies in elected offices other than the Mayor. Why the standard for filling a vacancy in the Mayor's office should be different is not clear. Moreover, requiring the person to comply with Section 400 is confusing and very burdensome on a person who is temporarily filling the vacancy. Section 400 states that the Mayor must (i) be elected by the People, and (ii) devote his or her entire time to the duties of the office. The Mayor Pro-Tern who is filling the vacancy has no control over whether he or she can become elected within six months of filling vacancy. We cannot presume that the Mayor Pro-Tem will even run for the office once the special election is called to permanently till the vacancy. Thus, this requirement does not accomplish anything. In additio n'"it seems unreasonable to require the Mayor Pro-Tem to permanently leave his or her job to temporarily LAW ornces of BEST PEST & KRIEGER LLP Mayor Judith Valles July 27, 2000 Page 6 serve as Mayor for 6 months. Unless the Mayor Pro-Tem is elected Mayor at the special election, after temporarily filling the vacancy, the Mayor Pro-Tern will revert back to being a Councilmember but will have lost his or her job; a financial sacrifice that seems unreasonable to impose on anyone. 7. Section 1305 - Transfer of Water Funds. Questions have been raised concerning the effect of Section 1305 of the Proposed Charter on the City's ability to continue transferring up to 10% of the revenues collected by the Water Department from the Water Fund to the General Fund. While the law firm of Richards, Watson & Gershon has not expressed a concern regarding this provision, to alleviate the concern Others have expressed that even readopting the exact same language some how jeopardizes the City's authority, the Committee concurs with the recommendation of the City Attorney. The current language in Section 1305 of the Proposed'Charter should be eliminated and the Section 1305 should be"reserved." Second, instead of eliminating the language in Section 2207 of the Proposed Charter (which Richards, Watson & Gershon thinks is helpful and which ensures the appropriate sections of the existing charter are repealed), the Committee suggests tha3 a new section be inserted before Section 2207 to read as follows: "Sec. 2206 Previous charter sections unaffected. Section 164 of the previous charter as it existed immediately prior to the Adoption Date,is not repealed, amended, or in any way affected by this Charter, and is hereby expressly continued in effect for the purposes stated therein." 8. Article XV- Board of Education. Questions have been raised concerning the effect of Article W of the Proposed Charter which merely continues Article XI of the exiting charter concerning the board of education. While neither the law firm of Richards, Watson & Gershon nor San Bernardino Co Co I expressed any concerns regarding the proposed language, to alleviate the concern of hers, the Committee recommends the proposed Charter merely contain the exact language in Sections 190, 191, and 192 of the existing charter, to read as follows: "ARTICLE XY. BOARD OF EDUCATION. Sec. 1500. Board of Education. The Board of Education of the San Bernardino City Unified School District shall consist of seven(7) members who shall be residents.of said District or, in the event trustee areas are established in said District, of such trustee areas. The term "San Bernardino City Unified School District,"as used in this article, shall mean and include all of the public schools of said District. LAW OFFICES OF -BEST BEST & KRIEGER LLP Mayor Judith Valles July 27, 2000 Page 7 See. 1501. State law governs. The Board of Education shall have all the powers and duties now or hereafter prescribed by the Education Code of the State of California. The terms of office and 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." It is important to realize that the San Bernardino Unified School District and their legal counsel did not want to retain the other provisions relating to the board of education contained in Sections 193, 194, and 200 of the existing charter. Nobody has raised any question or concern related to the elimination of these sections. The revisions to Article XV Of the Proposed Charter addresses the concerns raised,and helps ensure the public understands what it is voting on in November by expressly including appropriate and understandable language in the Proposed Charter and assigning these provisions a proper location in the Proposed Charter. 9• Section 2205 - Sunset of Previous Section 186. One of the goals of the Committee in drafting the Charter was to ensure the voters and the public would have a complete document to review and vote on at the election in November,2000, To the extent possible, the Committee carefully integrated the various provisions of the document, used plain English diction, and made explicit the e$'ect of the various provisions of the document. In furtherance of these goals, and based upon the Council's action to retain the language in Section 186 of the existing charter and eliminate the sunset of this language as proposed by the Committee, the Committee suggests eliminating Section 2205 of the Proposed Chart er and adding a new Section 2005 to include the exact language of Section 186 of the existing charter. This section would read as follows. "See. 2005 Salaries for employees of the police and fire departments. There is hereby established for the City a basic standard for fixing salaries, classifications, and working conditions of the employees of the Police and Fire Departments of the City, and the Mayor and Common Council in exercising the Powers and control over these departments vested in them by this Charter, shall hereafter be guided and limited by the provisions set forth in Appendix "A" of this Charter, attached hereto and incorporated herein by this reference." Appendix"A"would be included as a part of' f'the Proposed Charter, and would contain the remaining language in Section 186 of the existing charter concerning the salaries, classifications, and workin conditions erthe employees of the police and fire departments. A sample Appendix"A"is attached for your reference, CAW OFFICES OF BEST BEST & KRIEGER LLP Mayor Judith Valles July 27, 2000 Page 8 The suggested revisions would help ensure the public understands what it is voting on in November, integrates the existing Section 186 into the Proposed Charter, assi the language an appropriate location within the Proposed Charter, separates the detailed provisions s the language gns from the more general provisions of the Proposed Charter. 10. Miscellaneous, Non-subctant;ve Chances to Proposed Chart In reviewing the Proposed Charter, the Committee also recommends the following miscellaneous changes to the Proposed Charter for consistency, clarity, and grammar. A. Section 305(D). Five words before the end of this section the word"Council'should be amended to read "Common Council." B. Section 408. For purposes of consistency in the appointment of department heads and for consistency in language, the first two sentences of this section should be amended to read as follows: "The Mayor shall appoint, and may discipline and remove, a Chief of Police in accordance with the Sections 403(0) and 403(D) of this Charter. The Chief of Police&hall have the powers and duties that are now or may hereafter be conferred upon chiefs of police by the laws of the State of California, and such powers and duties shall in all respects be promptly executed by police officers and authorized personnel of in the Police Department. The Chief of Police shall enforce the laws of the State of California and the ordinances of the City, and shall arrest all persons suspected of violations of the same." In addition,the word"the"should be inserted before the"Mayor"in the last sentence of this section. C. Section 409. The term "Chief Engineer" should be replaced with the term "Fire Chief'to be consistent with the terms used in Section 186 of the existing charter,that will be continued in the Proposed Charter. D. Section 1801. For purposes of consistency in language,the term"official"in both the Scat and second sentence of this section, should be replaced with the term"officer." �• Section 2000(B). For purposes of grammar, a comma should be placed after the word "laws" in the first sentence of this section. F. Section 2301. For purposes of grammar, this section should be Amended to read as follows: , LAW OFFICES OF BEST BEST & KRIEGER LLP Mayor Judith Valles July 27, 2000 Page 9 "The officers and employees subject to group or individual bonds to insure the faithful performance of official duties, shall be determined by ordinance of the City. The ordinance shall fix the amount of such bonds and shall provide for the payment of the premium of such bonds by the City." 11. Annroval of rt,-�-- With the amendments suggested above, the Charter Committee strongly urges Approval of the Proposed Charter without additional changes. Except for the policy changes made by the Common Council at the meetings on July 24, 2000 and July 26, 2000, the Proposed Charter contains exactly the same language as was reviewed and approved by the law'firm of Richards, Watson, &Gershon. Richards, Watson, & Gershon is one of the most respected public law firms in the State of California. The law film employs legal experts in virtually every and Mr. 5tepanicich, the attorney overseeing y �'�P�ofmumapal law, experience of-"ally y �g the review of the Proposed Charter, has the unique ally drafting a city charter from its inception. You and the Common Council should have every confidence that the Proposed Charter is legally sound in all respects If there are legal questions regarding the proposed Charter or if amendments are proposed to address legal concerns, the Committee strongly urges you to consult with Mr. Stepanicich of Richards,Watson&Gershon, as he has opined for the City the Proposed Charter,is legally sound in all respects. If you have any questions,or if the Committee can be of further assistance in finalizing the Proposed Charter, please call me at your earliest convenience. Sincerely, P. Morn of BEST BEST & KRIEGER LLP for the Charter Review Committee JPM:wp cc: Members of the Common Council (via fax and mail) Members of the Charter Review Committee (via mail only) SAN BERNARDINO CITY CHARTER APPENDIX "A" FIRST: Classification The following classes of positions are hereby created in the Fire Department and Police Department Of the City of San Bernardino, and the code numbers, titles, and salaries as hereinafter set forth are hereby established and fixed for such classes of positions. The letter "P" represents "Position" and the five steps in Positions 1, 2 and 3 being represented by the letters b "a" designating the first six months of service in the respective departments, "b" designating"' and a ere: following eighteen months of service in the respective departments, c designating the thii of service in the respective departments, "d" deli y departments,and"e"designating the fifth and all sequent years of service.Advanm the respective shall be made automatically step by step after each Ste of cements m salary in which the member is employed. Each person emplo�e�ntthe FireD service the and Police Department shall be entitled to receive for his services in his position the applicable respective rate or rates of compensation prescribed for the class in which his position is allocated. Additional tides may be established by the Mayor and Common Council, but only titles for Local Safety members of the Police and Fire Departments shall be placed in one ofthe following classifications having the most nearly equal duties and responsibilities. Local Safety members of the Police and Fire Departments shall mean any local policeman or local fireman as defined under the provisions of the Public Employees Retirement System Law as specified in the California Government Code or amendments drnents Class of Position Classification Number Title Fire Department Police Department P1 (Steps a,b,c,d,e) Firemen, Battalion Chief Aide Patrolman, Policewoman P2 (Steps a,b,c,d,e) Fire Prevention Inspectors P Juvenile Officer;Detective, Senior Identification Inspector P3 (Steps a,b,c,d,e) Engineers Sergeants P4 Captains, Assistant Fire Lieutenants Prevention Engineer PS Battalion Chiefs, Drill Master, Captains,per' Superintendent of Fire Prevention Engineer Records and Identification P6 Assistant Chief P7 Chief Assistant Chief Chief -1- SECOIND: Basic Salary Schedule (a) The monthly salaries of Local Safety members of the San Bernardino Police end b Departments included in classifications P1, P2, P3 steps "a" and "e" of P4 P5 P6 and P7 Fire fixed on August 1, 1976, for the balance of the current fiscal year and,thereafter,annually on August 1 St of each succeeding year at the amount equal to the arithmetic average of the monthly salaries,paid or approved for payment to Local Safety members of like or most nearly comparable positions oft he police and fire departments of ten cities of California with populations of between 100,000 and 250,000 as shown in the latest Annual Report of Financial Transactions of California Cities published by the State Controller. (b) The ten cities used for fixing the monthly salaries shall be those ten cities remaining from an original and complete list of all California Cities in the 100,000 to based on the latest Annual Report of Financial Transactions of California Cities, publpished b State Controller after representatives of the City and the a ro Hate recognized y the organization have alternately struck the names of cities from the li stpr a i t e time gni the names of ten cities remain. The representatives to strike the first name from the list shall be determined by lot. (c) In the event one or more of the ten cities does not have one or more of the comparable Position classifications, the monthly salary for the particular classification, shall be computed as the arithmetic average ofthe next highest and next lowest comparable position classification ofthat Ci ty (d) The salaries paid in step"a"shall be the same as the arithmetic average ofthe starting salaries ofthe comparable positions in the ten cities and the salaries paid in step"e"shall be the same as the average of the top salaries paid in the comparable positions in the ten cities. The salaries paid in steps"b,""c"and"d"shall be fixed at amounts which will cause the Local Safety members of the San Bernardino Police and Fire Departments to advance from the starting steps to the maximum pa steps in approximately equal salary advances. y THIRD: Special Salary Provisions The following special provisions shall apply in addition to the compensation received in accordance with the above salary positions: (a) Police Department: Each police officer assigned to traffic enforcement duties on a motorcycle shall be paid when perforruing such duties during the period of assignment at the rate of not less than fifty dollars per month in addition to the pay step to which he is entitled as extra-hazard pay for motorcycle duty. The Police Chief shall certify monthly as to the assignment and the period of time worked to validate entitlement to the extra-hazard pay. (b) Police and Fire Departments: Any Local Safety member of the Fire and Police Departments temporarily acting in a position in a higher rank during incumbent or during a vacancy in the position for more than ten.(10 npsecoutive wo Bence of the five consecutive shifts, shall receive the same salary for the higher rank to which he would be entitled, were he promoted to that rank during the period in which the employee is acting in the higher rank The Chief of the department in which the assignment to the higher rank occurs shall certify as to the -2- assignment and the period of time worked in the higher rank to validate entitlement to the salary of the higher rank. (c) Fire Department - Paramedics. The Mayor and Common Council may authorize additional salary to be paid to local safety members of the Fire Department, assigned to duty as paramedics, during the period of such assignment. (d) Fire and Police Departments-Educationn,ongevity Incentive Pay. The Mayor and Common Council may authorize additional salary to be paid to local safety members of the Police Department and the Fire Department who have completed educational or longevity requirements specified by the Mayor and Common Council. (e) Fire Fighters (1) All employees (below the rank of Battalion Chief) assigned to an average 56 hours per week assignment shall be compensated at an hourly rate of time and one-half(1 Y2) their regular hourly rate of base pay, such compensation to be computed for each one queer (%)hour increment worked in excess of their average 56 hour weekly assignment. (2) All employees(below the rank ofBattalion Chief)worldng a 40 hour per week assignment shall be compensated at an hourly rate of time and one-half(1%2)their regular hourly rate of base pay, such compensation to be computed for each 30 minute increment worked in excess of their regular eight (8) hour per day assignment of their 80 hours assignment during each pay period. FOURTH: Definitions The words and terms defined in this subsection shall have the following meanings in this section: (a) "Shift" means a 24-hour duty for the Fire Department, except for the positions of Chief, Assistant Chief, and local safety members working in the Fire Prevention Bureau, and such other local safety positions as may hereafter be granted a forty (40) hour average work week by resolution of the Common Council. -3- OVAL DT -Aurux Iulucupler tucu ; o— 3—uu + 4-corm iDtDI otoi & mmitutm y is 1 BEST BEST & KRIEGER LLP i 3750 Univer3ity Avenue, Suite 400 P.O. Box 1028 Riverside,California 92502-1028 Telephone: (909) 686-1450 Telecopier: (909)686-3083 TELECOPIER TRANSMISSION DATE: August 3, 2000 TO; f NAME FAX No. PHONE No. TERI R jBI, OFFICE OF THE 909-384-5067 MAYA FROM: JIM MORRIS I RE: CASE LAW ON CHANGES TO CHARTER OFFICES FILE NO. USER NO.: NO.OF PAGES INCLUDING COVER: 9 MESSAG ORIGINAL TO FOLLOW: No PLEASE CALL IF YOU HAVE ANY QUESTIONS. r JIM I i CAUTION-COi ENTIALt THE DOCUIvIfiNT BEING TELECOPIED TO YOU MAY CONTAIN INFORMATION PROTECTED BY THE ATTO -CLIENTAVORK PRODUCT PRIVILEGE. It is intended only for the person to whom it is addressed. If you are not the intendedreoipieril or an authorized agent,then this is notice to you that dissemination,distribution or copying ofthis doc=ent is prohibited If this was received' error,please call us at once and destroy the document. IF YO U ANY DIFFICULTY WITH THE QUALITY OR COMPLETE.VESS OF THIS TRANSMISSION,PLEASE GILL (909)686-1450, D T 385, or James P.Morris, (909)686-1430 ext. 2413. �0I OY:xerox lelecopier '/UYV b— 3-uu : __a:Jnrm ;ttt)i dtbi & KNItUtN -+ ;a 1 -. ......"*"Aa w ;zf. Hawaii 370 405 P2d 772, -an"us►ez, gtt 4" :Kentucky. Black v. Sutton, 301 e v.l Ky 247, 191 SW2d 407 (civil service Kipley, 167 IIl Position). 638 IIlinois. People , 49 NE 229, Ma3ae. Se ' #Connecticut, Wilson v, Town of v3' v. Biddeford, 344 3 West Haven, 142 Conn 646, 116 A2d A2d 34 (Me), 420• Michigan. Attorney General v. rMinois- Malkin v. Chicago g Jochim, 99 Mich 358, 58 NW SI1. APP Zd 151, 127 NE2d 145 Rhode inland. Molloy v. Collins, tenmtt's political right to promoolneto 66 RI 251, 18 A2d 839 (removal of captain from eligible list for official eligible office as not depriving Promotion). of property), ' West Virginia, Moore v. Strick- .� Arkansan. Humphrey v, Wyatt, , 188 Ark 676, 67 SW2d 209 (election or ling, 46 W Va 515, 33 SE 274, }, OPPointment to office as creating no See also $ 12.229. 1I contract subject to impairment of 10Indiana' Corn v. Oakland City, t obligation), 415 NE2d 129 (I z nd A pp). t Georgia. Dublin v. Peacock, 178 K*ntucky, Ga 703, 174 BE 248 (election or Commission v. Covington, 257 Covington Bridge appointment to office as creating no SW2d 216, ' 813, contract subject to impairment of Maine. Farwell v. Rockland, 6Z Obligation). f Me 296, i New Jersey, Hourigan v. North See also 112.229. Bergen TIP., 113 NJL 143, 172 A 193, "Florida. Miami v, Rodri ez- affg II NJ Miac 194, 165 A 74 (election Quesada, 388 So 2d 258 (Fla APP) to oiYtce or&PPoinment as crew t tfag no Indiana, Corn v. Oakland City, ' office subject to impairment of ob 416 tion); Hoboken v. Gear, 27 NJL 2615. See 1 1.1 (Ind APP). See ; 12.118. i 112.118. Change in or abolition of office, If done by an authority possessing j . quently the s municipal legislative the requisite Dower,' fre. P gi Iative body. municipal offices can be t ' changed, consolidated or abolished, in the absence of restrai I I Thus, while e 2 the legislature may not statutorily abolish a constrtu- � tionally established office,4 a statutorily established office T abolished by statute.e And where a municipal co ' be ter or Iegislative act has power to create an officbrationn y char- ; also has power to abolish it, Similar y ante, it ti abolished by amendment of the charter, though office efmay fect be � to cu 8h the effe mail an incumbents unexpired et may Pared term. �:. The applicable principle is that power to create gives T abolish, unless restrained b law r power to foal in nature.t y , as when the creation is contrac- r Thus a municipality j may, at its pleasure abolish an is 552 f �I .j arni nr;xerox ieieco per tuzu ; u- 3-uu ; 4;JVPM ;btsi btsi & KNILUEN y ;a 3 t ELECTIC NS, OFFICERS AND EMPLOYEES 412.118 office cre Lted by it that is not required by statute,6 or for which the ,. charter dd not provide.10 But without express authority, a munici- pal offic created by the legislature cannot be abolished by ordinanci i.11 In a4 cordance with the principle that all offices are subject to change, a proper authorities may legally impose additional duties upon an officer without creating a new office or entitling the incumbent to higher compensation.12 Similarly, even though entailing a reduction in compensation, a change of duty within a I s civil service classification may not be a removal so as to be regu- lated by a civil service removal law.13 Theie is a distinction between job abolition and a job layoff ; that shot d be noted as it may effect the employer's and employee's rights un ier the civil service laws. A job is abolished where there is I; a permanent elimination of the particular position.14 A layoff, on the othez hand, is the leaving of a position temporarily unfilled due to eithez lack of work or funds, and when there is a layoff it is contemp ated that at some point the employee will be reemployed for that sition.t6 ire lNe Jersey. Donovan v. 268 App Div 8H, 5 NY82d 844 (board Bayonne, 2 NJ Misc 782, 176 A 143, of estimate to abolish or modify posi- New York. Rushford v. La tions only when it adopts budget). Guardia, 80 NY 217, 20 NE2d 547, Oregon. Powell v. Portland, 114 affg 255 Div 597, 8 NY82d 498; Ore 328,235 P 274(council authority to Anker v. 'bble, 238 App Div 618, Z60 abolish subordinate offices by NY$ 813; eopis v.Mischler, 132 Misc ordinance), ' 13,228 S 675. Tezas. San Antonio v. Wiley, 2G2 t T . Fenet v. McCuistion, 106 SW2d 471 (Tex Civ App). Tez 299, 7$W 867. Waskington. Foster v. Hindley, 'r W niin.Schmidt v.Milwaukee 72 Wash 667, 131 P 197 (discontinu County, Wis 23, 26 NW2d 263. once of office b r and 2Geo gia. Mayor & Council of y mayor department City of B ler v. Hortman, 70 Ga App heads. 4 848, 29 $ 2d 811 (mayor and aldermen California. Martello-v. Superior j as not h ing power during charter Court, 202 Cal 400, 261 P 476. t term of o cer removable only for cause Florida. State v. Crooks, 153 Fla to abolish ) 694, lb $0 2d 675; State v. Swank. 152 i I New Jersey. Chirichella v. Fla 565, 12 So 2d 606; Jacksonville v. Departure 3t of Civil Service, 31 NJ Smoot, 83 Fla 575, 92 $o 617; Miami v. ; Super 404, 107 A2d 55 (abolition of Rodriquez-Quesada,388 So 2d 258 (Fla 1 positions i iot needed). App), New York. Broderick v. New Georgia. Rome v. Reese, 19 Ga York, 295 NY 363, 67 NE2d 737, d% App 559,91 SE 880. t 553 1 V SENT BY:Xerox Teiecopier 7020 8— 3-00 4:40PM BEST BEST & KRIEGER 4 i 468 MezrrR.t,o V. SuPxxIOB COU11r. (202 Cal. r case. In that case the trial court gave its written, signed r decision, which was not filed with the clerk of the court until after the term of office of the judge had expired. In disposing of the question as to the validity of the judg. ment this court said.- ". . . it is clear that the trial of a cause by the court is not concluded until the decision is filed with the clerk; and when the term of office of the judge who tried the vase expires before such decision is filed, the fact that it was signed by him and ordered by his successor in office to be filed with the clerk, and was so filed, is not sufficient to sustain the judgment entered thereon. (Hastings v. Hastings, 81 Cal, 95; Van Court v, Winterson, 61 Cal. 615; 2 Rayne on New Trial and Appedl, sees. 237, 246; War. ring v. Freear, 64 Cal. 54 [28 Pao. 115] ; Comstock Q. M. Co. V. ,SupeTdor Court, 57 Cal. 625; Polhemus T. Carpsnter, 42 Cal. 375; Anglo-Cal. Bank v. Mahoney Mining Co., 5 Sawy. 255, Fed. "Cas. No. 892, 2 Pac, 0. L. J. 128 (Q, a. ► Cir, Ct.) ; Mace v. O'ReW a y, 70 Cal. 231 [11 Pao. 721].) " r [81 It is well settled that the sovereign power which creates a public office may abolish it or change the tenure thereof even though the tenure of an incumbent is affected thereby, unless restricted by the constitution. Such offices are not held by contract or grant. (Afl7ler v. Hinter, 68 Cal. 142' [8 Pac. 813]. If the office be a constitutional r office, as in the instant case, the constitutional power which created it may likewise, in the exercise of its sovereign power, abolish it. Every person who accepts an office does so with that implied understanding. The office of judge pro tarnpors was made available to litigants b conforming to a g y ng prescribed procedure as a part of the judicial system of the state. The law waa remedial in its operation. Persons who desired to avail themselves of the method of trying cases under the form provided by law were permitted to do so with the under- standing that .the. sovereign power reserved to itself the right to amend or repeal the law at will in the interest of ;t the general welfare. The hardship and inconvenience which respondent may suffer by the unfortunate intervening circumstance of the instant case, while regrettable, are but incidents to the administration of the law under our system of government. ;ti SENT BY.'Xerox Telecopier 7020 : 8— 3-00 : 4:41PM BEST BEST & KRIEGER ;g 5 Nov. 1927.1 PEOPLE V. RABE. 409 Thi i office of judge pro tempors in the instant case hav- ing been abolished before the completion of the trial of the cause which he had been authorized to try and determine, he i®, therefore, divested of jurisdiction to further proceed in the trial and determination thereof. The peremptory writ will, therefore, issue. r She mk, J., Richards, J., Waste, C. J., Curtis, J., Preston, J., and I angdon, J., concurred, " [Orlin. No. 3088. In Bank.November 9, 1927.1 Y' THE PEOPLE, eta, Respondent, v. PAUL B. RABE, Appellant. M miNAL LAW—OBTAIMWO PROPERTY By FALSE PRET MS D OrrzNsas--TNnlcrrazxrrs:---Tn a prosecution for obtain- in property, by false pretenses, the contention that the defend- stands convicted upon three counts of the indictment which, in fact, are but repetitions of one and the same offense, is w2hout merit, where, although the identical person is alleged t In each count to have been defrauded by the accused by emplo7- inq the same false representations, the property, set out in the in 'ctment in each count was alleged to have been obtained at a different time and was different in character and in value fr m the property alleged to have been acquired by the false resentations set out in the other counts of the indictment. 181 ID FRAUDULENT Ix=wT—Dirr RENT TRAxaecTFoxe.Where the pr of in a given case is sufficient to show the existence of a udulent intent or purpose on the part of an .accused to ob• tLa property from another by false or fraudulent regrasenta- ti �. the making of the first false representations which moved or induced the person to whom they were made to part with property does not immune a defrauding person from punish. mint for subsequently obtaining from said person other property wlich was parted with under the influence of the fraudulent rop- Mentations, which were still operating upon the mind of the randed person at the time he passed his property into the haids of said designing person. 1, See 14 cad. rur. 80. .t� SENT BY'Xerox Teleco ier 7020 ; 8- 3-00 ; 4!42PM ;BEST BEST & KRIEGER ;� 6 632 BELL V. BOARD OF SUPERVISORS 55 C.A.3d 629; 127 Ca1.Rptr.757 operative February 1, 1973, the effective date of ordinance No. 1986 which was enacted by the Board December 19, I972, and which purported to consolidate the subject judicial districts into one district consisting of two divisions and designated the resulting district the Manteca-Ripon-Escalon-Tracy Judicial District. Briefly summarized, the statute authorized one judge in each division, f each judge to be the presiding judge of his particular division (former 1 $ 73705); each division was to be deemed a district for purposes of qualification and election of judges (former J 73704); each division was to have its own clerk (former $ 73706) and marshal (former 173709), each of whom was authorized to appoint his own deputies and employees (former $§ 73707, 73708, 73710, 73711); each division was to be deemed an integral judicial district for purposes of temporary assignment of employees to another municipal court in the county 1 (former f 73717), and for purposes of according rights of succession to compirible positions io employees of th'abolished districts (former 173718). Preliminarily, we dispose of two issues which, arguably, arc not affected by the intervening legislative changes to which we have referred but which, as we shall explain, are not before us on rehearing. Both of these issues were decided adversely to plaintiff in our original opinion. We held therein that the trial court properly refused plaintiff's request fbr an order compelling the Board to hold a referendum on ordinance No. 1986 within the newly constituted judicial district. We explained that there is no authority whereby the electorate of a geographical area less than but included within the county can compel a referendum on a county ordinance. Moreover, we pointed out that the petitions submitted by plaintiff to the county clerk were signed by less than 10 percent of all the voters in the county(and, for that matter, in the consolidated judicial district) who cast ballots for gubernatorial candidates in the most recent such election. (See Elec. Code, §§3752, 3753.) d� The other issue not affected by intervening legislative changes is tendered by plaintiff's contention that the abolition of the judicial office to which he had been elected and its replacement with a different judicial office (see § 71084)2 to which he, a nonlawyer, cannot succeed 2Government Code section 71084 provides in part. "whenever a municipal court is v established in a district in which a justice court was previously established or in a district formed from territory formerly included in justice court districts. the justice court shall cease to exist within the district for which the municipal court is established, and the term of office of the judges of justice courts situated wholly within tuCh district shall terminate"upon the selection and qualification of the first judges of the municipal court.... [Feb. 19761 ,: i 5t!Nl UY:Xerox lelecopier YUZU U— 3—UU ; 4:42FM ;bt51 bh5l & KNIEUER -+ ;g .,-i Ak'l BELL V. BOARD OF SUPERVISORS 633 55 C.A.3d d Z9; 117 Cal.Rptr.757 (Cal' Col at., art. VI, ; 15)3 violates both his constitutional rights and those of the electorate of the Tracy Judicial District who are thus deprived f their duly chosen office holder. Our reasons for rejecting that contentio proceeded from the constitutional power of the Legislature to divide thi several counties into municipal and justice court districts and to provid for the organization of municipal and justice courts. (Cal, Const., at VI, 15; fn. 6,post, p. 634.) We held that the constitutional power which created plaintiff's office may likewise, in the exercise of its sovereign power, abolish it. Wartello v. Superior Court (1927) 202 Cal. 400, 408 (261 P. 4761; see also Woodmansee Y. Lowery (1959) 167 j. Cal.App.2 d 645, 650(334 P.2d 9911.)Therefore when the municipal coup was estab 'shed in the consolidated judicial district, the justice court in ; the Tracy Judicial District ceased to exist and the plaintiff, ineligible to succeed t the newly created judicial position, was lawfully divested of judicial v cc. (Villanarul Y. City of Los Angeles (1951) 37 Cal.2d 718, F 723 f235 .2d 16); Corey v. Knight (1957) 150 Cal.App.2d 671, 680-681 P10 P.2d 73); J 71084.) �l (1) Pl intiff s opposition to the Board's motion to dismiss the appeal is based s lely upon his contention that he has a right to compensation for the di erence between the salary paid him as the clerk of the western division a id that which would have been paid him as judge of the old Tracy Jud vial District had his judicial office not been abolished.+ In his written o osition, plaintiff concedes "that for all practical purposes he has little ante of ever regaining the bench to which he was duly elected,"3 ut asks this court to deny the motion to dismiss and resolve the ques ' n of his right to compensation. Plaintiffs opposition thus limits the ues before us, in effect abandoning those grounds of appeal (discussed ante) which are not necessarily affected by the legislative changes which the Board contends render this appeal moot. (See 6 Witkin, , Procedure(2d ed, 197 1)Appeal, ; 428, pp,4394-4395.) 'Section I of article V1 of the California Constitution provides in part: "A person is ineligible to e a judge of a court of record unless for 5 years immediately preceding selection to municipal court . . . the person has been a member of the State Bar or served"Bit dge of a court of record in this State...." i A justice c urt to not a court of record.(Cal.Const.,art.V1,11,) 'Former s ction 73720 of the enabling statute provided that the judge of the Tracy Justice COur, if not eligible to become )'udge of the municipal court for the western division shal at his election, become clerk of the western division.Since ordinance 1986 became oper itive.ptaintitf has served as clerk of the western division. 'See secti 71701 (Stats. 1974, ch. 1493) providing that "after January 7, 1975. each justice court vacancy shall be filled by an orrornet,judge (italics ours.) See also section 7114 Feb. 1976) e SENT BY!Xerox Telecopier 7020 : B— 3-00 4:43PM ;BEST BEST 8 KRIEGER +xry 1tn rF. , ELECTIONS, OFFICERS AND EMPLOYEES . 12.1 4. —Changes in term. changes in terms of offices must be authorized and made in the ma aner provided to be valid I Terms of office may be changed ± by conj titutional amendment,2 and unless restricted by the organic law of a state, terms of office may be statutorily changed if the legisiat has jurisdictions or, if the power is vested in the munic- ipal co ration, unless forbidden by the charter, such change may be ma by appropriate ordinance.4 The term of a charter officer may be shortened5 or lengthened$ by charter amendment. Hc ever, the legislature cannot change a term fixed by the h constitution.? And where the state constitution forbids legislative control of municipal offices and officers,$ a legislative act eaten ' g the term of an officer is void.$ Nor is a municipal ordi- nance 1 gal that seeks to vary the term of an office fixed by consti- tution, tatute or municipal charter.10 Thus, where by valid legiala- tive act or charter an officer holds at the pleasure of the appointing t power, 't is said that an ordinance cannot vary the tenure,» ,. ; altho U91 i there is authority to the contrary,12 nor can the officer or body at thorized to appoint or elect vary the term prescribed by ' law.13 lCol Prado. People v. Wright, 30 wealth v. Moir, 199 Pa b34, 49 A 361; Colo 439, 71 P 365. Huhlman v. Smeltz, 171 Pa 440, 33 A `l Indh na. State v. Wilson, 142 Ind 358; Erb v. Commonwealth, 91 Pa 212. ; 102,41 N 3 361. :Montana. State v. Duncan, 108 " . Griffith v. Manning, 67 Mont 141,88 P2d 78. it Kan 559, 3 P 75. 3Alabama. Beebe Y. Robinson, 64 Hen cky, Hobbs v. Upington, Ala 171. t 121 Ky 1 . 89 SW 128; Clark v. Rog- ers,4 Ky Rep 445. Georgia. Duffey v. Key, 174 Ga a Lo inns. Scanlan v. Hammond, 40, 162 SE 123 (extension of term of 185 La 63 , 189 So 666. mayor as applicable only to successor). M chusetts. Dziembowski v. Illinois. People v. Village of Oak I Park 372 Al 488, 24 NE2d 571. Stochaf, Mase 413, 189 NE 417; ' Lahar v. dridge, 190 Mass 604,77 NE Indiana. State v. Meriaugh, 161 Ind 260, 61 NE 117; State v. Wilson, t y 142 Ind 102, 41 NE 361. ' New erse . Bird v. Johnson, b9 ` NJL 59, $ A 929. Kansas. Murray v. Payne, 137 Now York.Kelly v,Van Wyck,35 Kan 685, 21 P2d 333. Misc 210, 1 NYS 814. Louisiana. State v. Dumser, 132 Pon=71vania. In re Pittsburgh, La 967, 61 So 994. 217 Pa 221, 68 A 848,affil 207 U$ 161, Massachusetts. Barra v. Rivers, 52 L Ed 51, 28 S Ct 40; Common- 213 Maas 1, 99 NE 464. I 643 l� SENT BY:Xerox Teleco ier 9020 ; 8— 3-00 ; 4:44PM ;BEST BEST & KRIEGER g 86$ PEOPL F, V. DAME. [114 Cal. natural construction of the language, and that such was the intention of the framers of the instrument we have no doubt. ;r The charter being legally amended, it is still main- tained that the incumbents of the offices of commis• sinners of public works, at the date that the amendments took effect, should hold office for the balance of the four year term for which they w ' . � ey were appointed. Among other ' matters, these amendments to the charter Provided: "There shall be a department of ublic works rks under the management of three commissioners, who shall con. I stitute the board of public works. The commissioners shall consist of the mayor, city attorney, and the city engineer, General municipal elections shall be held biennially on the second Monday in March, com- mencing with the second Monday in March next after the adoption of this amendment. At each such general municipal election there shall be elected a ma or, wh Y ► o shall be ez Officio a commissioner of public works, a city attorney, who shall be ex officio a commissioner of .•���' public works,1 a�. p , . . . . and a city engineer, who shall be ex officio a commissioner of public works." i The • << �i salary of a county or city officer may be reduced during his term Of office by the legislative power, or his term of office shortened or even _extinguished. And, when we 1 id conser the foregoing provision of the charter as ;� amended, which provide who shall constitute the board b �`. .` of. commissioners of public works, and when the- com- t missioners shall be elected, it is patent that upon such elect on } ij a new board was created, and that the old mem- bers were iio longer cIothed with official authority. These, F amendments to the charter necessarily repealed f 4 4 by implication an � y provisions of the law fixing the term of .office•at four years. For the foregoing reasons the judgment is affirmed. VAN FLEET J., and. HAxxisox, J., concurred, Hearing in Bank denied. , PROPOSED AMENDMENT TO THE REMOVAL LANGUAGE OF PROPOSED SECTION 1401 Any person appointed to the Board of Library Trustees may be removed prior to the termination of the period of his appointment on either of the following grounds: (a) Failure to perform responsibly the duties of Trustee, or(b)for any reason that would disqualify one from voting privileges. A Trustee may be so removed only by both the affirmative vote of a majority of the Library Board of Trustees and the affirmative vote by a majority of the Common Council. Such vote in each instance shall be at a properly scheduled meeting after not less than thirty(30)days' notice to the Trustee whose removal is contemplated of the date, time, and place of the meeting at which the proposed removal will be acted on and a statement in the notice of the specific acts or omissions allegedly constituting a ground for removal. Such removal proceedings may be initiated by either the Common Council or the Library Board of Trustees. PROPOSED ALTERNATE AMENDMENTS TO SECTION 1404 1. Preferably delete the words "and personal property" from first line. 2. In the alternative, add after the words"in the name of the City" the following: " . . ., but personal property acquired for library purposes shall be used only for library purposes except as otherwise authorized by the Library Board of Trustees." o1 rod iritr, gp.cnrd at Mtg: t City Clerklfu= Secy pity ut Sall bufaeudiiiu