HomeMy WebLinkAboutS01-City Attorney
0
.
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
o
o
o
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE CITY
TREASURER.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
(a) In accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b) The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors.
The following proposed amendment to the Charter of the City
of San Bernardino is submitted to the qualified electors of the
City of San Bernardino for their approval or rejection at the
municipal election to be held on Tuesday, March 5, 1991.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Article II, Section 14 of the Charter
of the City of San Bernardino be amended to read as follows:
"Section 14. First election - officers and terms.
There
shall be elected at its general election in 1995, and every
fourth year thereafter, four members of the Common Council,
one each from the Third, Fifth, Sixth and Seventh Wards,
who shall have been qualified elections and residents of
their respective wards for at least thirty (30) consecutive
days next preceding the date of filing of their nomination
be elected by the
DAB/ses/Treas-2.res
November 26, 1990
who shall
A
I. .".~.,.,.
.a. ~~$fI,...
5---/
papers for the office and
1
.
~;1t'".. ",.~
iJt.u~
0
,
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
o
o
o
qualified electors of their respective wards, a City
Attorney and a City Clerk elected at large who shall hold
office for terms of four years from and after the first
Monday in June and next succeeding their elections.
There shall be elected at the general election in
1993, and every fourth year thereafter, a Mayor who shall
be elected at large for a term of four years commencing on
the first Monday in June next succeeding such election."
a. It is proposed that Article II, Section 21 of the
Charter of the City of San Bernardino be amended to read as
follows:
"Section 21. City officials as surety - Form - Liabi1ity-
Bond of surety company.
City officers shall not be
accepted as surety for each other on Official Bonds. Every
Bond shall be in form joint and several and made payable to
the Ci ty 0 f San Bernardino, and contain a condition that
the principal will faithfully perform all official duties
that may be imposed upon or required of him or her by law
or ordinance, and that at the expiration of his or her term
of office he or she will surrender to his or her successor
all property, books, papers and documents that may come
into his or her possession as such officer. Said Bond must
be executed by two or more sureties, but when the amount of
the bond is more than five thousand dollars ($5,000.00),
the sureties may become severally liable for a portion of
not less than twenty-five hundred dollars ($2,500.00).
When there are more than two sureties, said sureties may
DAB/ses/Treas-2.res
November 26, 1990
2
0
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
o
o
o
justify in an amount which in the aggregate shall equal
double the amount of said bond. But the Mayor and Common
Council shall require the Treasurer to give a Surety
Company Bond in an amount not less than two hundred and
fifty thousand dollars ($250,000.00), and may accept and
approve of a Surety Company Bond for any officer without
other surety. The expense of a Surety Company Bond for any
city officer shall be borne by the City."
b. It is proposed that Article XIII, Section 235 of the
Charter of the City of San Bernardino be amended to read as
follows:
"Section 235. Qualification of City Clerk. The City Clerk
shall have been a qualified elector and resident of the
City for a period of at least thirty (30) consecutive days
prior to his or her appointment or filing of his or her
nomination papers for election to office."
c. It is proposed that Article XIII, Section 242 of the
Charter of the City of San Bernardino be amended to read as
follows:
"Section 242.
Qualifications of city employees and
appointment.
The Mayor and Common Council may prescribe
the number, qualification and compensation of the deputies,
clerks, assistants, employees and attaches of the City
Attorney, and City Clerk.
All deputies, clerks,
assistants, attaches and employees of the City Attorney and
Ci ty Clerk shall be appointed by the respective officers
with the consent and approval of the Mayor a~d Common
DAB/ses/Treas-2.res
November 26, 1990
3
0
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
o
o
o
Council, and shall hold office at the pleasure of the
officers appointing them."
SECTION 3.
Attached hereto as Exhibit A and incorporated
herein is the proposed Charter amendment showing the additions to
and deletions from the current Charter by means of cross-outs and
under1inings.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1990, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
DAB/ses/Treas-2.res 4
November 26, 1990
0
j
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
o
o
o
RESOLUTION. .PROPOSING AN AMENDMENT OF THE CHARTER OF
SAID CITY RELATING TO THE CITY TREASURER.
The foregoing resolution is hereby approved this
day
of
, 1990.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
DAB/ses/Treas-2.res
November 26, 1990
5
0
.
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
o
o
o
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Article II, Section 14 of the Charter
of the City of San Bernardino be amended to read as follows:
"Section 14.
First election - officers and terms.
There
shall be elected at its general election in 1995 ~~~5, and
every fourth year thereafter, four members of the Common
Council, one each from the Third, Fifth, Sixth and Seventh
Wards, who shall have been qualified elections and
residents of their respective wards for at least thirty
(30) consecutive days next preceding the date of filing of
their nomination papers for the office and who shall be.
elected by the qualified electors of their respective
wards, a City Attorney and ~ City Clerk aBe-e~~y-~re8sHrer
elected at large who shall hold office for terms of four
years from and after the first Monday in June and next
succeeding their elections.
There shall be elected at the general election in
1993 ~9"ljl, and every fourth year thereafter, a Mayor who
shall be elected at large for a term of four years
commencing on the first Monday in June next succeeding such
election."
a. It is proposed that Article II, Section 21 of the
Charter of the City of San Bernardino be amended to read as
follows:
"Section 21. City officials as surety - Form - Liabi1ity-
Bond of surety company. City officers shall not be
EXHIBIT A
DAB/ses/Treas-8.res
November 26, 1990
0
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
o
o
o
accepted as surety for each other on Official Bonds. Every
Bond shall be in form joint and several and made payable to
the City of San Bernardino, and contain a condition that
the principal will faithfully perform all official duties
that may be imposed upon or required of him or her by law
or ordinance, and that at the expiration of his or her term
of office he or she will surrender to his or her successor
-- --
all property, books, papers and documents that may come
into his or her possession as such officer. Said Bond must
be executed by two or more sureties, but when the amount of
the bond is more than five thousand dollars ($5,000.00),
the sureties may become severally liable for a portion of
not less than twenty-five hundred dollars ($2,500.00).
When there are more than two sureties, said sureties may
justify in an amount which in the aggregate shall equal
double the amount of said bond.
But the Mayor and Common
Council shall may require the Treasurer to give a Surety
Company Bond in an amount not less than two hundred and
fifty thousand dollars ($250,000.00) ~R-~~-eaee-the
e~peftee-e~-eHeft-beftd-efta%%-Be-berfte-By-~fte-e~~y, and may
accept and approve of a Surety Company Bond for any officer
without other surety. The expense of a Surety Company Bond
for any city officer shall be borne by the City."
b. It is proposed that Article XIII, Section 235 of the
Charter of the City of San Bernardino be amended to read as
followS:
EXHIBIT A
DAB/ses/Treas-8.res
November 26, 1990
0
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
000
"Section 235. Qualification of City Clerk e~~Htel!'s. The
City Clerk a~-€~~y-~ shall have been a qualified
electore and residente of the City for a period of at least
thirty (30) consecutive days prior to his or her ~he~r
appointment or filing of his or her ~he~r nomination papers
for election to office."
c. It is proposed that Article XIII, Section 242 of the
Charter of the City of San Bernardino be amended to read as
follows:
"Section 242.
Qualifications of city employees and
appointment.
The Mayor and Common Council may prescribe
the number, qualification and compensation of the deputies,
clerks, assistants, employees and attaches of the City
Attorney, e~~y-~reae~rer and City Clerk.
All deputies,
clerks, assistants, al'\e--G~~y--'P-retl~ attaches and
employees of the City Attorney and City Clerk shall be
appointed by the respective officers with the consent and
approval of the Mayor and Common Council, and shall hold
office at the pleasure of the officers appointing them."
EXHIBIT A
DAB/ses/Treas-8.res
November 26, 1990
0
,
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
o
o
o
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE CITY
TREASURER.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
(a) In accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b) The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors.
The following proposed amendment to the Charter of the City
of San Bernardino is submitted to the qualified electors of the
City of San Bernardino for their approval or rejection at the
municipal election to be held on Tuesday, March 5, 1991.
PROPOSED CHARTER AMENDMENT NO.
a. It is proposed that Article II, Section 21 of the
Charter of the City of San Bernardino be amended to read as
follows:
.. Section 21. Ci ty officials as surety - Form - Liabi1i ty-
Bond of surety company.
City officers shall not be
accepted as surety for each other on Official Bonds. Every
Bond shall be in form joint and several and made payable to
the City of San Bernardino, and contain a condition that
the principal will faithfully perform all official duties
that may be imposed upon or required of him or her by law
(3
I. till'" ~'''.''.c. ~
OJ. tf~~, '.4 a.....1
DAB/ses/Treas-1.res
November 26, 1990
1
5--1
o
10
11
12
13
14
15
16
17
18
o
o
o
1
2
or ordinance, and that at the expiration of his or her term
of office he or she will surrender to his or her successor
3
all property, books, papers and documents that may come
4
into his or her possession as such officer. Said Bond must
5
6
7
be executed by two or more sureties, but when the amount of
the bond is more than five thousand dollars ($5,000.00),
the sureties may become severally liable for a portion of
8
not less than twenty-five hundred dollars ($2,500.00).
9
When there are more than two sureties, said sureties may
justify in an amount which in the aggregate shall equal
double the amount of said bond.
But the Mayor and Common
Council shall require the Treasurer to give a Surety
Company Bond in an amount not less than two hundred and
fifty thousand dollars ($250,000.00), and may accept and
approve of a Surety Company Bond for any officer without
other surety. The expense of a Surety Company Bond for any
city officer shall be borne by the City."
b.
It is proposed that Article IV, Section 70, of the
19 Charter of the City of San Bernardino be amended to read as
21
20 follows:
"Section 70. Duties. The Treasurer shall receive and pay
22
23
24
25
26
27
28
out all moneys belonging to the City, and shall keep an
account of all receipts and expenditures, under such rules
and regulations as may be prescribed.
He shall make a
monthly statement to the Mayor and Common Council of the
receipts and expenditures of the preceding month, and shall
perform all duties required of him or her by law and the
DAB/ses/Treas-l.res
November 26, 1990
2
0
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
o
o
o
Mayor and Common Council. He or she shall not payout any
monies belonging to the City except on claims presented,
allowed and submitted in the manner provided by this
Charter.
He or she shall have charge of any finance
department established by the Mayor and Common Council.
The offices of City Treasurer and finance director, if
established by the Mayor and Common Council, shall not be
deemed to be incompatible offices."
SECTION 3.
Attached hereto as Exhibit A and incorporated
herein is the proposed Charter amendment showing the additions to
and deletions from the current Charter by means of cross-outs and
under1inings.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
DAB/ses/Treas-1.res
November 26, 1990
3
Q
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
1 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE CITY
2 TREASURER.
3
4
The foregoing resolution is hereby approved this
day
5
, 1990.
of
6
w. R. Holcomb, Mayor
7 City of San Bernardino
Approved as to
8 form and legal content:
9 JAMES F. PENMAN,
City Attorney
By:
DAB/ses/Treas-1.res
November 26, 1990
4
Q
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
o
o
o
PROPOSED CHARTER AMENDMENT NO.
a. It is proposed that Article II, Section 21 of the
Charter of the City of San Bernardino be amended to read as
follows:
"Section 21. City officials as surety - Form - Liability-
Bond of surety company.
City officers shall not be
accepted as surety for each other on Official Bonds. Every
Bond shall be in form joint and several and made payable to
the City of San Bernardino, and contain a condition that
the principal will faithfully perform all official duties
that may be imposed upon or required of him or her by law
or ordinance, and that at the expiration of his or her term
of office he or she will surrender to his or her successor
all property, books, papers and documents that may come
into his or her possession as such officer. Said Bond must
be executed by two or more sureties, but when the amount of
the bond is more than five thousand dollars ($5,000.00),
t~e sureties may become severally liable for a portion of
not less than twenty-five hundred dollars ($2,500.00).
When there are more than two sureties, said sureties may
justify in an amount which in the aggregate shall equal
double the amount of said bond.
But the Mayor and Common
Council shall may require the Treasurer to give a Surety
Company Bond in an amount not less than two hundred and
fifty thousand dollars ($250,000.00) ~ft-~~-ease-tfte
e~~eftse-e~-s~eh-Befte-sha~~-ee-Be~fte-ey-~he-e~~y, and may
EXHIBIT A
DAB/ses/Treas-7.res
November 26, 1990
o
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
1
accept and approve of a Surety Company Bond for any officer
2
3
without other surety. The expense of a Surety Company Bond
for any city officer shall be borne by the City."
4
It is proposed that Article IV, Section 70, of the
b.
5 Charter of the City of San Bernardino. be amended to read as
6 follows:
7
"Section 70. Duties. The Treasurer shall receive and pay
8
9
out all moneys belonging to the City, and shall keep an
account of all receipts and expenditures, under such rules
and regulations as may be prescribed.
He shall make a
monthly statement to the Mayor and Common Council of the
receipts and expenditures of the preceding month, and shall
perform all duties required of him or her by law and the
Mayor and Common Council. He or she shall not payout any
monies belonging to the City except on claims presented,
allowed and submitted in the manner provided by this
Charter.
He or she shall have charge of any finance
department established by the Mayor and Common Council.
The offices of City Treasurer and finance director, if
established by the Mayor and Common Council, shall not be
deemed to be incompatible offices."
EXHIBIT A
DAB/ses/Treas-7.res
November 26, 1990
f
0
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
o
o
o
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE CITY
TREASURER.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
(a) In accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b) The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors.
The following proposed amendment to the Charter of the City
of San Bernardino is submitted to the qualified electors of the
City of San Bernardino for their approval or rejection at the
municipal election to be held on Tuesday, March 5, 1991.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Section 71 be added to Article IV of
the Charter of the City of San Bernardino to read as follows:
"Section 71.
Outside Business or employment.
The
Treasurer may engage in any other business or employment
not in conflict with his or her duties as Treasurer of the
City."
SECTION 3.
Attached hereto as Exhibit A and incorporated
herein is the proposed Charter amendment showing the additions to
and deletions from the current Charter by means of cross-outs and
underlinings.
DAB/ses/Treas-4.res
November 26, 1990
1
L
Vc..,"\ \', ~e..
5-/
0
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
o
o
o
RESOLUTION. .PROPOSING AN AMENDMENT OF THE CHARTER OF
SAID CITY RELATING TO THE CITY TREASURER.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1990.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
DAB/ses/Treas-4.res
November 26, 1990
2
0
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
o
o
o
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Section 71 be added to Article IV of
the Charter of the City of San Bernardino to read as follows:
"Section 71.
Outside Business or employment.
The
Treasurer may engage in any other business or employment
not in conflict with his or her duties as Treasurer of the
City."
EXHIBIT A
DAB/ses/Treas-6.res
November 26, 1990
t
o
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE CITY
3 TREASURER.
4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. Recitals.
6
(a) In accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b) The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors.
The following proposed amendment to the Charter of the City
of San Bernardino is submitted to the qualified electors of the
City of San Bernardino for their apprpval or rejection at the
municipal election to be held on Tuesday, March 5, 1991.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Section 71 be added to Article IV of
the Charter of the City of San Bernardino to read as follows:
"Section 71.
Oversight responsibilities.
In addition to
any other responsibility provided by law or this charter
the Treasurer shall be responsible to oversee and to report
to the Mayor and Common Council at least quarterly on the
financial situation of the City, including the operations
and functions of any finance department established by the
Mayor and Common Council."
~
II LJI-r "l., ~ .f' '
.
rUI'~"'J., I,,,...,
/
/
/
DABjses/Treas-3.res
November 26, 1990
1
_ e::; -j
0
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
o
o
o
RESOLUTION. . PROPOSING AN AMENDMENT OF THE CHARTER OF
SAID CITY RELATING TO THE CITY TREASURER.
SECTION 3.
Attached hereto as Exhibit A and incorporated
herein is the proposed Charter amendment showing the additions to
and deletions from the current Charter by means of cross-outs and
underlinings.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1990, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1990.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
DAB/ses/Treas-3.res
November 26, 1990
2
0
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
-
o
o
o
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Section 71 be added to Article IV of
the Charter of the City of San Bernardino to read as follows:
"Section 71.
Oversight responsibilities.
In addition to
any other responsibility provided by law or this charter
the Treasurer shall be responsible to oversee and to report
to the Mayor and Common Council at least quarterly on the
financial situation of the City, including the operations
and functions of any finance department established by the
Mayor and Common Council."
EXHIBIT A
DAB/ses/Treas-5.res
November 26, 1990