HomeMy WebLinkAbout2018-0581
2
3'
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2018-58
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING OFFICIAL BOND REQUIREMENTS
FOR THE POSITIONS OF CITY ATTORNEY, CITY CLERK, CITY MANAGER,
DIRECTOR OF FINANCE, GENERAL MANAGER OF THE CITY OF SAN
BERNARDINO'S MUNICIPAL WATER DEPARTMENT, AND FINANCE DIRECTOR
OF THE CITY OF SAN BERNARDINO'S MUNICIPAL WATER DEPARTMENT; AND
FIXING THE AMOUNT AND TERMS OF THOSE OFFICIAL BONDS.
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on January
31, 2017 and became effective on that date; and
WHEREAS, Section 509 of the new City Charter provides that the Council shall fix by
I Resolution the amounts and terms of the official bonds of all officers or employees who are
required by the Council to acquire such bonds; and
WHEREAS, prior to the effective date of the new City Charter, the filing of official bonds
was controlled by Chapter 2.62 of the San Bernardino Municipal Code, which established a
certain schedule for public officials and a blanket position bond; and
WHEREAS, Section 103 of the new City Charter provides that all Ordinances shall
continue in force until they shall have been duly repealed, amended, changed, or superseded by
proper authority as provided by the new Charter; and
WHEREAS, City staff have reviewed the City's current official bond requirements and
determined those requirements to be over inclusive of positions when compared to the industry
standard. Additionally, the current amounts do not provide sufficient monetary coverage to
adequately and effectively insure the City against the nonperformance or malperformance of those
designated public officials and thereby, do not acceptably mitigate potential risks; and
WHEREAS, City staff have determined that it is necessary to recommend the
I establishment of certain requirements and to increase the bond amounts to $1,000,000.00 each for
the classifications of City Attorney, City Clerk, City Manager, Director of Finance, General
Manager of the City of San Bernardino's Municipal Water Department, and the Director of
Finance of the City of San Bernardino's Municipal Water Department.
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The following officers or employees of the City of San Bernardino shall be
required to acquire official bonds in the following amounts:
Officer / Employee:
Amount:
City Attorney
$1,000,000.00
City Clerk
$1,000,000.00
City Manager
$1,000,000.00
$1,000,000.00
$1,000,000.00
Director of Finance
General Manager of the City of San
Bernardino's Municipal Water
Department
Director of Finance of the City of San $1,000,000.00
Bernardino's Municipal Water
Department
SECTION 2: The official bonds of those officers or employees required to acquire official
bonds pursuant to the City Charter and this resolution shall include the following terms:
a. Every official bond shall be filed in the Office of the City Clerk within the time
prescribed for filing the oath.
b. Official bonds shall be recorded in a book kept for that purpose entitled "Record of
Official Bonds."
C. The City Clerk shall carefully keep and preserve the bonds. He/she shall give certified
copies thereof to any person demanding copies, upon being paid the same fees as are
allowed by law for certified copies of papers in other cases.
d. The City Clerk shall keep the bond on file for one year following the expiration of the
term of the office for which the bond was issued at which time said bond may be
destroyed or otherwise disposed of.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e. Any person appointed to fill a vacancy shall give a bond, corresponding in substance
and form with the bond required of the officer originally appointed, before entering
upon the duties of the office.
f. The official bonds required by the Charter and this Resolution shall inure to the benefit
of the City of San Bernardino as well as the officer under whom the officer or
employee serves.
g. Each such bond may contain a provision authorizing the Mayor and City Council to
cancel the bond or the contract of coverage of any officer or employee covered
thereunder.
h. All official bonds shall be made payable to the City of San Bernardino in such penalty
and with such conditions as required by this Resolution, or the law creating or
regulating the duties of the office.
L The condition of an official bond shall be that the officer or employee will well, truly,
and faithfully perform all official duties then required of him/her by law, and also all
such additional duties as may be imposed on him/her by any existing law of the State
or law enacted subsequently to the execution of the bond.
j. Every official bond executed by any officer pursuant to this Resolution is in force and
obligatory upon the employee or officer and sureties therein for any and all breaches of
the conditions thereof committed during the time such employee or officer continues to
discharge any of the duties of or hold the office; and for the faithful discharge of all
duties which may be required of such employee or officer by any law enacted
subsequently to the execution of the bond. There shall be no personal liability upon, or
any right to recover against, a superior officer, or his or her bond, for any wrongful act
or omission of his or her subordinate, unless such superior officer was a party to, or
conspired in, such wrongful act or omission.
k. All bonds required pursuant to the City Charter and this Resolution shall be executed
by a responsible corporate surety, shall be approved as to form by the City Attorney,
and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the
City.
I. Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability
is imposed on any officer or employee for the nonperformance or malperformance of
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
official duties, the liability therefor attaches to the official bond of the officer, and to
the principal and sureties thereon.
m. No premium or charge paid by the City of San Bernardino shall exceed one-half of 1
percent per annum on the amount of the bond, but a minimum premium or charge of
twenty-five dollars ($25) per annum may be imposed.
SECTION 3: This Resolution shall become effective thirty-one (31) days after the final
reading of the ordinance repealing San Bernardino Municipal Code Chapter 2.62.
SECTION 4. Funding for this amendment to the City's current public official bond
schedule is included in the FY 2017/2018 adopted budget within the Liability Insurance Fund.
Funding for future payments of the official bond premiums shall be budgeted under the Liability
Insurance Fund.
///
///
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING OFFICIAL BOND REQUIREMENTS
FOR THE POSITIONS OF CITY ATTORNEY, CITY CLERK, CITY MANAGER,
DIRECTOR OF FINANCE, GENERAL MANAGER OF THE CITY OF SAN
BERNARDINO'S MUNICIPAL WATER DEPARTMENT, AND FINANCE DIRECTOR
OF THE CITY OF SAN BERNARDINO'S MUNICIPAL WATER DEPARTMENT; AND
FIXING THE AMOUNT AND TERMS OF THOSE OFFICIAL BONDS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 74h day
of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES
y
x
)((M-)
NAYS ABSTAIN ABSENT
Georgeann anna, CMC, City Clerk
The foregoing Resolution is hereby approved this 7th day of March 2018.
R. Carey Daternardino , Mayor
City of San
Approved as to form:
Gary D. Saenz, City Attorney
A
5