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HomeMy WebLinkAbout02-Charter Revision Workshop . - 1 - - - o o 1 2 PROPOSED REVISION TO THE CHARTER of the City of San Bernardino 3 4 Article I 5 6 Boundaries, Rights and Liabilities 7 Section 1. Powers of City. The municipal corporation now 8 existing known as the City of San Bernardino shall remain and 9 continue a body politic and corporate in name and in fact, by the 10 name of the City of San Bernardino, and by that name shall have 11 perpetual succession and may sue and defend in all courts and 12 places and in all matters and proceedings, whatever, and all 13 property, rights and interests of the said City shall continue 14 and vest in and belong to said City under this Charter. It may 15 have and use a common seal and alter it at pleasure; may 16 purchase, receive and hold real and personal property within and 17 without the City limits; may sell and dispose of the same for the 18 common benefit; receive bequests and donations of all kinds of 19 property in trust for charitable or other purposes and do all 20 acts necessary to carry out the purposes of such bequests and 21 donations, with power to manage, sell or otherwise dispose of the 22 same in accordance with the terms of the bequest or donation. 23 The City of San Bernardino may make and enforce all laws 24 and regulations in respect to municipal affairs, subject only to 25 the restrictions and limitations provided in this Charter, and in 26 respect to other matters it shall be subject to general laws. 27 28 / / / DAB/ses/Charter.rev September 14, 1990 1 ~ . ~ _lJ .- - J _ I- o o 1 2 Section 2. Boundaries - ~l:tp.i:-ecU.e-e:keftT The boundaries of 3 the City of San Bernardino shall be as established from time to 4 time according to 1 aw. f.e:!:'i.ews-.---€ellli\lenO!l.-ng--a-e-the-'SEItt'tfieast 5 eerfte~ -o-f. - M~ -seveft- -o-f. - -tfte.- ~aftehe- -&eft - BeflMH.'d-:J:.fte r -'6"b- ~ 6 .i:-fttefse~-e~-~-eeftt~-~j,ftes-~~.i:-:!:'i.-~reet-~-Wa-eel!'maft 7 AYeftt:l&;--aftl!-~~ --t~-fte<<-h--al:eft~--ee-.i:-!!-~-i-ifte--o-f 8 Wa-eepmaft-AYeftl:ter-aftl!-al:e~-~he-eae-e-eel:tftl!aPy-ef.-sa.i:-l!-el:ee~_8eveftr 10 ea!l!- Ranefter--t-o--1!fte-ftertheast-~~-l:e-e-efte--&f- said -el:eek 9 aftl!-ef-eieeks-s-i~,-~~~-~-~ee,-~,-~~--eft~ty ~-ef 11 -eh.i:-p-ey--ewe ~ -theftee- wes-t- e-i~ -bbe- ~-h- -bounda!:y- ~ -ee-i-d -l:e-e -efte 12 aftli-ef -iet- ~_f-teeft-M--ee:i:d-~-ocIf-~1."t:~,-~-~_l!"\!ft-l:.i:-M 13 ef.--i~-efte-~-f.et:lr-t~-o-f.-M~--eh!rty-three,-~~~-aft!! 14 f.et:lr-t~-o-f.-M~--eh!r-t!~--~-efte-eftl!-~teen-~_el:eek 15 -eh! r-t~..ye. r - i e-t-e- ~e - aftd- -f.c.l:tpteeft- -o-f. - ei ~.-e.'r.ifly six ,- -l:e-es 16 -ehree-~-si~-~-e:!:eek-~~ee,-~-l:e-es-three-~~-ef 17 e l:eek- -4$ i-f.'ll-y-ftift&;- ~ - tfte- -no-p-ehwes-t- ~ -ef. - sail!- ~-&t- -S"Mt--ef 18 el:eek- -4$H~~--eheftee-set:lth-~-ong-"fest -l:j,fte-ef-~~~-aftl! 19 f..i:-ve-~-sa.i:-li-e'i.eek-~~~~-~--efte-set:ltftwest-~~_sa.i:-!! 20 l:e-e-f..i:-Ye-ef.-el:ee~-f.j,f.-ey-ftj,fte~--efteftee-eae-e-al:e~--efte-eel:t-eft-l:.i:-fte-ef 21 ea.i:-li-l:e-e-f..i:-ve--ee--efte-j,ft-eereee-e:keft-ef.--ehe-wee-e-l:.i:-fte-ef.-l:e-e--eweft-ey_ 22 f.el:tp-ef.-el:ee~--eweft-ey-efte-w.i:--eft--efte-fter-eft-~j,fte-ef.-Baee-Erj,fte-S-eree-et 23 -efteftee-eel:t-eft-al:e~--efte-wes-e-l:j,fte-ef.-l:e-es--e1feft-ey-f.el:tr-aftl!_eeYeft-j,ft 24 se-i~~l:eek-~-ey-eft&;--l:ets-~-ey-fet:l~~l!-~-ef_~~k 25 -eweft-t~r-:!:e-t-e-~fttY-~~~ftl!-seveft--&f-~~--eweft-ey--eftreer 26 l:e-es-~eft-ey-f.el:tr-aftl!-seYeft-ef.-el:ee~--e1feft-ey-f.el:tPr-aftli-l:e-es--eweft-ey_ 27 f.el:tp-eftl!-'i.e-ts--tweftty-f~~-eeven-~~~~j,ye.r~_-efte 28 DAB/ses/Charter.rev September 13, 1990 2 . - u .... ~ Ut.l". .... o o 1 2 ee~~ftwee~-ee~Re~-~~~-~~-SeYeR-~-~~~,~~_~fte 3 ~Rte~seo~~-e~-~~-w~-~~Re-~~-~fte-~-!ifte-~-F~ret 4 Streek~-~-eae~-8!eR~-~~-~~Re-e~-~~~~_~eRty_ 5 :f~Ye - 8Rl!I- -ei-ong- -ge:!l.~ ~... - ~~Re -e~ - F-i~s't- -&tree t- -co- --ehe--_r~ftweet 6 eerRe~~-~~-ei~6t-~~~~-e~~~y-e~~,-8t-~~ge~-ef 7 tfte~e~-~~Re-e:f-ea~l!I-~~-e~h~~~~ft-~fte-ea~l!I-_rtft-~~Re-e:f_F~ret 8 stree~~-~fteRee-ee~~ft-a~~-~he~ee~-~~Re-e:f-ze~e-e~ft~-aRl!I-eRe-ef 9 e~e~-e~~~y-e~~,-te-~fte-ee~~ftwee~-eerRer-e:f-ea~l!I-~~-eRe-e:f-e~k 1 0 e~~~:r-e~~, -8 t- 'tfie- -ifl't~ee't-ieft- -of- ~:d-"i. ea'b -l:-Hle- -w-~~ --ehe- -eeR~e~ 11 ~~Re--of-~~~~-S~reet~-t6eRee-~-;r~-~fte-eeftte~-~~~~_ea~l!I 12 M i -i~- -St~-ee4!--eftd--a!efl?"--efte-~-!;i.fle--e:f-~OCI[9 -s-isw-a-~; 13 :fe~rteeR,-thi~teeR;-~~-~~,-teR,-Rifte;-~~~_eeYeR; 14 te - 't-be- -ee~the~ -eerRe~ ~ -e ai 8- -b-}.oe~ - seven- -at - -t-be- -p-l-ece--ef 15 ee~~~~R~~--a!-i-~~R~-~~-aRl!I-~-t6e-~fte-~-Be~; 16 aeeerl!l~~-te-the-Il!eft-~-_~e:r ~~~ Ranoho-,-~~-i:ft-tfte 17 e:f:f~e-e:f-~fte-ee~RtY-Reeerl!ler-e:f-ea~l!I-SaR-BerRarl!l~_-ee~R~Y'" 18 'P h e- -j-~r-i-ed-~t;i.-on- -e~- -s-a i 8- -o-~ty, - -:fe~ ~~! - -pu-rpes_-ef 19 eWRereft~p ,-eeRtZ'e~,-IlZ'e~et~R,-DlaR~ellleRt-aRl!I-Dla~RteRa_,-efta~! 20 e~teRl!I-~e-eftl!l-ellle~eee a~~-~ftat-lleree!-ef--ieft8-~-~~~ 21 fta-i-!'--Dli-i-e-s--ft~"e9il-M-~-~~ee--1~-the--c-+ey._M_~ltR 22 BerRarl!l~_,-eeftsistift~-~~-lteree,-lllere-~~~_~~_as 23 the-~~~Y-ReeerYe~r-'Prae~~-aRl!l-~ftat-etfter-llaree~-e:f-~aRl!I-e:f_aee~t 24 ~weR'ty---'bwo--ae~ee--eOO-~t- &fle ~-!'-~l-es--eaet-e~-~~-~Ht~ts 25 ~_wR-e9-'tfie-.JI.Jeb-~-i-J1IreO'tl;.JI_~-eucb--ju-l!'-i-sd~~-eft&:C-:C-_a~ee 26 e~~Rl!I-te aRy-ether-rea!-p~elle~ty-'tfie't-meY-flereaf-t~~~ 27 ey-ea~l!I-e~ty-e:f-SaR-BerRal!'-l!l~_~ 28 DAB/ses/Charter.rev September 13, 1990 3 . r . ] ~ - al ~ o o 1 2 Section 3. Time and Change of Ward Boundaries. The Mayor 3 and Common Council by ordinance shall divide the area of the City 4 into seven (7) wards of approximately equal population and 5 thereafter shall periodically change the boundaries of the wards 6 to maintain them in compact form and as nearly equal in 7 population as possible, provided that such changes shall not be 8 made more than once in any two (2) year period nor within ninety 9 (90) days of any ~eftepa~ primary municipal election. 10 11 Article II 12 13 Elective Officers and Elections 14 15 Section 10. Primary and General Election. A primary 16 election shall be held in said City on the first Tuesday after 17 the first Monday in March of each odd numbered year, for the 18 nomination of candidates to be elected at the ensuing general 19 election, and a general election shall be held in said City on 20 the first Tuesday in May of each odd numbered year, for the 21 election of City Officers. Except as otherwise provided herein, 22 said election shall be conducted in the manner provided for by 23 general law; provided, however, that the Mayor and Common Council 24 shall have power, by ordinance, to provide for the manner of 25 holding such election. 26 Section ~9rA~ 11. Election to Office. Any candidate for a 27 t~8~e~~,--eefte~-~ any City office who at a primary election 28 DAB/ses/Charter.rev September 13, 1990 4 L ~ .. ... ~ o o 1 2 shall receive votes on a majority of all the ballots cast for 3 candidates for the office for which such candidate seeks 4 nomination, shall be elected to such office. Where two or more 5 candidates are to be elected to a given office and a greater 6 number of candidates receive a majority than the number to be 7 elected, those candidates shall be elected who secure the highest 8 votes of those receiving such majority, and equal in number to 9 the number to be elected. 10 Section 12. ~i~ Provision for Elections - Returns- 11 Certificate. The Mayor and Common Council shall provide for the 12 holding of all City elections. 13 On the second day after a City election, exclusive of 14 hOlidays, at 1:30 o'clock p.m., the Mayor and Common Council, or 15 the City Clerk, or a canvassing board appointed by the City Clerk 16 by order of the Mayor and Common Council shall meet at the City 17 Hall, San Bernardino, California and proceed to canvass the 18 election returns. 19 At the next regular or adjourned regular council meeting 20 following the completion of the canvass, the Mayor and Common 21 Council shall declare the results of said elections as certified 22 by the City Clerk as being official. 23 see~~~-~~-A~-~S8~i~~~~~~er8~--~~-Mayer 24 afta-.c'OfMllOft-€~~-888i1.-2.,--regerdl:ege--e~-~he-~M~~_'efte 25 ~ere!l'M-ng--8ee~~en;.--H,x--t.fte-_lIIpeftS8Moft-fe~ eaeft-~fts~, 26 t~a~e,-e~er~-a8a-e'efter-e~ee'eieft-e~~~eer8~ 27 / / / 28 DAB/ses/Charter.rev September 13, 1990 5 15 16 - j h- l. . JII o o 1 2 Section ~~~ 13. Approval and Filing of Bond. After the 3 result of an election is declared, or an appointment made, the 4 City Clerk under his or her hand and official seal shall issue a 5 certificate thereof to the person elected or appointed by 6 delivering it to him or her personally, or by depositing it with 7 postage pre-paid in the post office, addressed to him or her at 8 the City of San Bernardino; and within ten days thereafter such 9 person so elected or appointed, shall file the certificate with 10 his or her oath of office attached, in the office of the City 11 Clerk. Wfteft-aft-et:Ue~a3:-Beftli-;i.5-~;i.~~~~~-ehe:H 12 se - e.~~l!'eveli- -end- -t';!.-l:ed- ~ -eft-eepj,ft~ -1:t~eft- 'tfie- -duM~-o4i- -ft:ks- """,p 13 fte!."-~j,ee ,-,,;i.-t-h;I,n--~1feft't'Y""+;j!.9 t -eeye.-aftel!'--t.fie- ~~"""'t 14 e~ee-ej,eft-j,e-j,e8~ee--ee-ftj,m""",p-fteP~ Section ~3~ 14. Election of Council Members. 9ffi,eeps S%eeteli~ A. There shall be elected at the general election in 17 ~~~g 1993, and every fourth year thereafter, three members of the 18 Common Council, one each from the First, Second and Fourth 19 Wards, who shall have been qualified electors and residents of 20 their respective wards for a period of at least -eft~l!'ty-~~ 21 twenty-nine (29) consecutive days next preceding the date of 22 filing of their nomination papers for the office and who shall be 23 elected by the qualified electors of their respective wards for 24 terms of four years commencing on the first Monday in June next 25 succeeding their elections. 26 See-ej,eft B. ~4r-Fj,P8-e-B3:eet~eft---~~;i.eel!'e-e~~ There 27 shall be elected at its general election in ~~~5 1991, and every 28 DAB/ses/Charter.rev September 13, 1990 6 - - ~ - o o 1 2 fourth year thereafter, four members of the Common Council, one 3 each from the Third, Fifth, Sixth and Seventh Wards, who shall 4 have been qualified electors and residents of their respective 5 wards for at least ~ft~p~y-t3e~ twenty-nine (29) consecutive days 6 next preceding the date of filing of their nomination papers for 7 the office and who shall be elected by the qualified electors of 8 their respective wards, afte-a-e~tY-Atte~fteY7-€~ty-€~~~~~ 9 ~peasti~-e%eet~~-%8~~e-~~~~-he%e-eff~ee for terms of 10 four years commencing on ~Pem-afta-after the first Monday in June 11 afta next succeeding their elections. 12 13 Section 15. Election of Mayor and Other City Officers. A. There shall be elected at the general election in %9~~ 14 1993, and every fourth year thereafter, a Mayor who shall be 15 elected at large for a term of four years commencing on the first 16 Monday in June next succeeding such election. 17 B. There shall be elected at large at its general 18 election in 1991, and every fourth year thereafter, a City 19 Attorney, City Clerk and City Treasurer who shall hold office for 20 terms of four years commencing on the first Monday in June next 21 succeeding their elections. 22 Section %4-A7 16. Vacancy on Council. A vacancy in the 23 Common Council, from whatever cause arising, shall be filled for 24 the unexpired term thereof through the election of a successor 25 Ge~fte~%maft council member by the qualified electors of the ward 26 in which the vacancy has occurred. Such Ge~fte~%maft council 27 member shall have been a qualified elector and resident of the 28 DAB/ses/Charter.rev September 13, 1990 7 . -. - JJI1Ill _ , o o 1 2 ward for at least ~ft~:E'~Y'-fa87 twenty-nine (29) consecutive days 3 next preceding the date of filing of nomination papers for the 4 office. 5 Said election shall be held at the time established by the 6 Mayor and Common Council who shall, within thirty (30) days of 7 said vacancy, call a special election which shall be held as soon 8 as practical but not later than six (6) months from the date of 9 said vacancYL and said election shall be conducted in the manner 10 provided for by general law; provided that the Mayor and Common 11 Council shall have power by ordinance to provide for the manner 12 of hOlding such election and such ordinance shall prevail over 13 the general law. 14 Section ~S~ 17. Vacancies - Leave of Absence. An office 15 becomes vacant when the incumbent thereof dies, resigns, is 16 disqualified from voting due to mental incompetency, ae~~ed 17 :l:l'\s'ttne', is convicted of a felony or of any major offense 18 involving a violation of his or her official duties, or is 19 removed from office, or ceases, in the case of a ee~fte~:Maa 20 council member to be a resident of his ward, or, in the case of 21 any other elected official to be a resident of the City, or fails 22 re~~ge9-a~~er-fte~:I:ee-~rem-~fte~ayer-aftd OeMMeft-ee~fte:l:! to qualify 23 by taking the oath of office and filing his official bond. 24 Section ~&~ 18. Leave of Absence. Anything in this Charter 25 to the contrary notwithstanding, all employees or officers, 26 excepting elective officers, who have heretofore or shall 27 hereafter enter active duty with the armed forces of the United 28 DAB/Ses/Charter.rev September 13, 1990 8 . 4 .. .... . o o 1 2 States during war or national emergency as declared by the 3 President or the Congress of the United States shall be entitled 4 to a leave of absence without pay during such service and for a 5 period of ninety (90) days thereafter. Every such employee or 6 officer returning to the City wi thin the time herein specified, 7 and who has been honorably discharged from such services or 8 placed on Reserve or National Guard status or any other non- 9 active duty status, shall be reinstated without loss or gain of 10 status or seniority, provided they are not physically or mentally 11 incapacitated from performing the duties of said office or 12 position. ~ft8~ ~ll persons appointed to fill such positions 13 during war or national emergency shall be temporary appointees 14 only. 15 16 Bonds and Salaries 17 18 Section 20. Approval of Bonds. Officers of the City, 19 before entering upon the discharge of their official duties, and 20 within twenty (20) days after notice of their election or 21 appointment, shall execute to said City such Official Bond as may 22 be required by law, ordinance or this Charter. When the amount 23 of any bond is not fixed by law, ordinance or this Charter, and 24 power to fix same is not herein conferred upon any board or 25 officer, it may be fixed by ordinance. All bonds shall be 26 approved by the Mayor and Common Council and filed with the City 27 Clerk, and shall be recorded by the City Clerk in a book entitled 28 DAB/ses/Charter.rev September 13, 1990 9 . J. - , 41. J. W o o 1 2 "Official Bonds" and kept for that purpose, except the Bond of 3 the City Clerk, which shall be filed with the Mayor, after being 4 so recorded. The approval of every Official Bond must be 5 endorsed thereon and signed by the officers approving the same 6 after the examination of the surety. 7 Section 21. City Officials as Surety - Form - Liabili ty- 8 Bond of Surety Company. City Officers shall not be accepted as 9 surety for each other on Official Bonds. Every Bond shall be in 10 form joint and several and made payable to the City of San 11 Bernardino, and contain a condition that the principal will 12 faithfully perform all official duties that may be imposed upon 13 or required by him or her by law or ordinance, and that at the 14 expiration of his or her term of office he will surrender to his 15 or her successor all property, books, papers and documents that 16 may come into his or her possession as such officer. Said Bond 17 must be executed by two or more sureties, but when the amount of 18 the bond is more than five thousand dollars ($5,000.00), the 19 sureties may become severally liable for a portion of not less 20 than twenty-five hundred ($2,500.00). When there are more than 22 21 two sureties, said sureties may justify in an amount which in the aggregate shall equal double the amount of said bond. But the 23 Mayor and Common Council may require the Treasurer to give a 24 Surety Company Bond in which case the expense of such bond shall 25 be borne by the City, and may accept and approve of a Surety 26 Company Bond for any officer without other surety. 27 28 / / / DAB/ses/Charter.rev September 13, 1990 10 L o o 1 2 Section ~3~ 22. Additional Bond - Vacancy. When an 3 Official Bond is required of an officer, the Mayor and Common 4 Council may require an additional bond if, in their opinion, the 5 original bond or any surety becomes insufficient. I f such 6 additional bond be not given in thirty (30) days, the Mayor and 7 Common Council must declare the office vacant and thereupon it 8 shall eeeeme be vacant. 9 Section ~4. 23. Salary of Mayor. The Office of Mayor 10 shall be a full time position and the incumbent shall not engage 11 in any business, professional or occupational activities which 12 interfere with the discharge of the duties of such office. The 13 salary of the Mayor l!tfta~~-ee is hereby set e)"--ehe-Gel1l11left-Gettfte:U, 14 pl!'eyj,lieli -~h8 ~- ~he- se~e~ ~~- flO'b- -be--feduoed- -dur:l:ng- -'l!he--1!ernt-ef 15 aft)" - iftelillleeft~- ezeefl't- -by- -'bhe- ~1.'IfteM.ye--YO'Ile- -o-~-~i-'V'e 6ettftej,~eftt 16 fteP-8h8~~-~~-be--i:-Ac?eaaed-a-e-8ftY-~~IIIe-~ a~-eep-~he-e~~e~ 17 e~-~he-prepese8-~l'lereese--l!ly--e-~-t:y--04!-~-e-~~~_a~ 18 a-eitywi8e-~~~~ at 5% above the salary of the Police Chief, 19 commencing on the first day of the month fOllowing approval of 20 this charter by the State Legislature. Thereafter, whenever the 21 Police Chief's salary is adjusted in accordance with Section 186 22 of this Charter, the Mayor's salary shall be adjusted 23 automatically to a level 5% above the Police Chief's new salary. 24 Section ~4-A. 24. Salary of Council. ~fte-eettftej,~lIIeft-8h8i~ 25 eaeh - reeeive- -en- -ennue-l- -l!Ia~al!')" -ef- '9'i~ -hundred- -do-:H.&P8- -f-$699..eG h 26 pa)"ae~-lIIeft~h~y. Each Council member shall receive a salary of 27 $1,000 per month, commencing on the first day of the month 28 DAB/ses/Charter.rev September 13, 1990 11 15 16 L -. o o 1 2 fOllowing approval of this Charter by the State legislature. At 3 the beginning of each subsequent calendar year, this figure 4 shall be automatically adjusted according to the percentage 5 change over the previous 12 months in the Consumer Price Index 6 (national average) for all urban consumers. 7 Section ~4-B 25. Sa18~ Salaries of City Clerk and City 8 Treasurer. ~ft8~ !he ea%ary-~e-~~~-ey salaries of the 9 City Clerk and the City Treasurer shall be fixed by the Mayor and 10 the Common Council. 11 12 13 14 Article III Legislative Department - The Common Council Section 30. Legislative Power. The legislative power of 17 the City is hereby vested in the Common Council consisting of 18 seven members, four of whom shall constitute a quorum, but a less 19 number may adjourn from time to time, or compel the attendance of 20 other members. No council order, except to adjourn for lack of 21 quorum, or to compel the attendance of a quorum, and no ordinance 22 or resolution shall be valid unless it receives the affirmative 23 vote of four councilmen except when a greater vote is required by 24 law or by this Charter. 25 Section 31. Ordinance, Resolution, Council Order- 26 Definitions 27 28 t!l Ordinance - An ordinance is a local law of the City, DAB/ses/Charter.rev September 13, 1990 12 III II J;l W. . o o 1 2 duly enacted by the Mayor and Common Council as set forth in 3 this Charter, prescribing general, uniform, and permanent rules 4 of conduct relating to the corporate affairs of the City. 5 Ordinances may be codified in accordance with general law. 6 (b) Resolution - A resolution is the formal expression of 7 the opinion or will of the Mayor and Common Council dealing with 8 matters of a special or temporary character, not rising to the 9 dignity of an ordinance, and adopted by vote as set forth in this 10 Charter. 11 (c) Council Order - A council order is an action of the 12 Mayor and Common Council dealing with matters of a special or 13 temporary character, not rising to the digni tv of a resolution, 14 and adopted by vote as set forth in this Charter. 15 Section ~i 32. Ordinances - Aae~~~~---~~y-~ 16 Urgency. 17 (a) Except for ellle~ftey--o-r urgency ordinances, no 18 ordinance may be adopted by the Common Council on the day of its 19 introduction, nor within five (5) days thereafter.-fter-eKee~t-et 20 a-reg~iar-er-edj6ti~fted-~eg~l~mee~~ At the time of adoption 21 of an ordinance, er-resei~t~eft it shall be read in full unless, 22 except for its title, the reading thereof is waived by unanimous 23 consent of all Council members present. If an ordinance is 24 altered after its introduction (except for correction of 25 typographical or clerical errors, and except for urgency 26 ordinances), it shall not be adopted except at a reg~i8r er 27 aaje~rftea-reg~ier meeting held not less than five (5) days after 28 DAB/ses/Charter.rev September 13, 1990 13 . II L- _ ~ w o o 1 2 the date of such alteration. Ordinances and codes may be 3 adopted by reference in accordance with general law. 4 (b) Elllle!F~ency--e~ Urgency ordinances al'te-eeeh- res&l~-m\ 5 may be adopted on the day of introduction and may take effect 6 upon adoption; provided, however, that this section is not 7 intended, nor shall it be deemed to affect the method of adopting 8 el'ee-iti ordinances a88- r69ol-11-~J:e8e as required. by municipal 9 improvement act~, laws relating to elections, taxation, and 10 annexations, or other provisions of law prescribing the time, 11 form and manner for the adoption of ordinances a8li-peee~~~J:el'te-ei 12 in special cases. 13 Ne-epeep,-peee~~~J:eI't-ep-epe~l'tal'tee-eha~~-haYe-eEEee~-w~~he~t 14 al'pPeYa~ -eE -~he -Mayep, -e_p~ -wheft -E~Ye -f-5 ~ -t1IeIlIeepe -eE -~he -E!el1lll\e8 15 ee~fte~~-ee8el:l!F--i8--i'tS- edep't-iern---i'fl- case ~~,--1!ft&-appPeYail: 16 eE-'t.fte--Maye!F--eh&~~-ee- pree~llIes--un-l-ees--a~-the- S_-1IIee1l-:l:ng--at 17 whJ:eh-~-e!Fe~-~-l'e~,-the-~p-eeti~~~~eapl'PeYa~, 18 w~~h-h~e-peaeefte-~hepeEep,-~-ee-el'Peafil-~peft-the-t1l~ft~~e~ 19 i.2l Except as otherwise provided herein, All Peee~~~~ftS 20 afts ordinances aEtep-pesse~e-~~~~~-~-the-M8yer-~ 21 ehei~,-~~hJ:8-~~-f-5~-~-ei't~~-he~~e~vee_~_eallle, 22 eftfilepee-h~s-~-~~~eapl'PeYa~-the!Fee8,-~~~~_Peaeel'ts 23 Ee~-~~~~&appPeYa~r--~~-ep-!Feseil:lt~e8-~~_Ya~~ 24 IlIl:lst-~-passe~~-a-vete-~~-~eee-the8-~~~r-E!e~fte~~llIe8 25 a8s-~-~-~he-Meyer,-~-de&~-~E-the-~~l-a-_te 26 appPeYe-~he-e&llle-~~-t1Iay-ee-pae&ee-ey-a-Ye~e-eE-fte~_~eee_~haft-E~Ye 27 f-5~--C-ounc-~~llIe8,--end-she-i-i--+a~e-~~-eS--i+-al'l'!Fo. ed -by--the 28 DAB/ses/Charter.rev September 13, 1990 14 J - - o o 1 2 Msy'&f. shall take effect as provided in Section 32(f) if 3 approved by a vote of four (4) or more council members, provided 4 that if such an ordinance receives only four (4) votes, and if 5 wi thin five (5) days of approval the Mayor states his or her 6 disapproval with his or her reasons therefor, for the record, 7 the ordinance shall not take effect. 8 See~~ft-3b~-ard~ftafteee---Sftae~~~-e~a~ee~ 9 (d) The enacting clause of all ordinances shall be: "The 10 Mayor and Common Council of the City of San Bernardino do ordain 11 as follows." 12 See~~ft-33~-ape~ftafteee---P~e~~ea~~ft~ 13 (e) After the passage of each ordinance, and at all times 14 thereafter, the City Clerk shall maintain on file and open to 15 public inspection a certified copy of the full text of the 16 ordinance. Within fifteen (15) days after the passage of each 17 ordinance by the Council, it shall be either published by the 18 City Clerk once in a newspaper of general circulation published 19 and circulated in the City or telecast on local government access 20 channel three times on three different dates between the hours of 21 6:00 a.m. and 10:00 p.m. Such publication or telecasting shall 22 include w~tft the names of the members of the Common Council 23 voting for and against the ordinance and the name of the Mayor 24 approving or disapproving the ordinance when required. The 25 publication or telecasting of the ordinance may be satisfied by 26 the publication or telecasting of the entire ordinance or by the 27 publication or telecasting of a summary of the ordinance, the 28 DAB/ses/Charter.rev September 13, 1990 15 o o 1 2 number and title of the ordinance, and the names of the members 3 of the Common Council voting for and against the ordinance and 4 the name of the Mayor approving or disapproving the ordinance. 5 Such summary shall be prepared by the City Clerk, or other 6 official designated by the Mayor and Common Council, and 7 approved by the City Attorney. The publication or telecasting 8 shall include a statement that the full text of the ordinance is 9 available for inspection in the office of the City Clerk. The 10 Mayor and Common Council may direct the publication or 11 telecasting of the entire ordinance in special cases. Ordinances 12 shall not be published in a newspaper if the charge exceeds the 13 customary rate charged by the newspaper for publication of 14 private legal notices, but in such situations, if not telecast, 15 such ordinances shall be posted by the City Clerk in at least 16 three public places in the City within fifteen (15) days after 17 passage of the ordinances. Except as otherwise provided in this 18 Charter, an ordinance shall not take effect or be valid unless 19 and until it is published or telecast in substantially the manner 21 20 and at the time required herein. t!l No ordinance passed by the Common Council (except when 23 22 otherwise required by the general laws of the State, or the provisions of this Charter, respecting street improvements and 24 except an ordinance for the immediate preservation of the public 25 peace, health, or safety, which contains a statement of its 26 urgency, and is passed by a five-sevenths (5/7) vote of the 27 Council, but no grant of any franchise shall be construed to be 28 DAB/ses/Charter.rev September 13, 1990 16 L o o 1 2 an urgency matter), shall go into effect before thirty (30) days 3 from the time of its final passage by the Council. 4 Section 33. Resolutions. 5 (a) All resolutions may be adopted on the day of 6 introduction and may take effect upon adoption; provided, 7 however, that this section is not intended, nor shall it be 8 deemed to affect the method of adopting resolutions as required 9 by municipal improvement acts, laws relating to elections, 10 taxation, and annexations, or other provisions of law prescribing 11 the time, form and manner for the adoption of resolutions in 12 special cases. 13 (b) All resolutions shall take effect if approved by a 14 vote of four (4) or more Council members, provided that if such a 15 resolution receives only four (4) votes, and if within five (5) 16 days of approval the Mayor states his or her disapproval with his 17 or her reasons therefor, for the record, the resolution shall 18 not take effect. 19 Section 34. Council Orders. A Council order shall take 20 effect if approved by a vote of four (4) or more Council members, 21 provided that if such an order receives only four (4) votes, and 22 if at the same meeting the Mayor states his or her disapproval 23 with his or her reasons therefor, for the record, the order 24 shall not take effect. 25 Section 34. 35. Powers of Common Council - Written charges. 26 The Common Council shall have power to adopt rules for its own 27 proceedings; to compel the attendance of witnesses and absent 28 DAB/ses/Charter.rev September 13, 1990 17 ~ o o 1 2 members and the production of papers in any matters under 3 investigation; to judge of the qualification and election of its 4 own members; to punish any member by a fine not exceeding fifty 5 dollars ($50.00) for disorderly or contemptuous behavior in its 6 presence; and may e~~i remove from office a member er-8fty-~~y 7 e~~~er-8~~eift~e8-~~~ayer-eft8-~~~~ for continued 8 neglect of his or her duty, or for the willful violation of any 9 penal law, for which punishment may include incarceration, or 10 any provision of this Charter; but in every case the member er 11 e~fieer accused ~~-Rei8ift~-~~~-a-8eiifti~e-~~ shall be 12 entitled to have written charges preferred and be heard in his or 13 her own behalf, provided that when a trial court judgment is 14 entered for the conviction of a felony or any offense involving a 15 violation of the member's official duties, the office becomes 16 immediately vacant. 17 The Ayes and Nays shall be taken and entered in the Journal 18 of its proceedings at the request of any member and must be so 19 taken and entered upon the passage of all Ordinances and 20 Resolutions, and in matters concerning the granting of 21 franchises, making of contracts, allowing bills, ordering work 22 to be done, or supplies to be furnished, disposing of City 23 property, or any act that may involve the payment of money or the 24 incurring of a debt against the City. 25 Section 35. 36. Meetings - Time of --A8::leli!!'M1eft~s. All 26 meetings of the Common Council shall be public, and the days and 27 time of regular meetings shall be heM-eft-<bhe--'.H.rst -aM-~fti!!'8 28 DAB/ses/Charter.rev September 13, 1990 18 - o o 1 2 Meftl!laylt -!oft - eeeh- fIIeftt:h, - 'l:tM~ -etJf:lft- -days- ~ -& -l-ege-~ ~~May-, _heft 3 ~fte;ftee~~~-ltfta~~-ee-he~l!I-eft-~fte-Ee~~w~~-l!Iay established by the 4 Mayor and Common Council by ordinance. Adjournments may be taken 5 from a meeting to a day certain, and in such case, the adjourned 6 meeting shall be deemed an adjourned regular meeting. 7 Section a6. 37. Mayor to Preside - Absence of Mayor. The 8 Mayor shall preside at all meetings of the Common Council, but 9 shall not be entitled to vote. In the absence of the Mayor, the 10 Common Council may choose one of ~he~r its own number to preside 11 who shall retain the right to vote upon all questions under 12 consideration, and shall have the Same power to disapprove any 13 order made by the Common Council, and with like effect as the 14 Mayor would have had if present at this meeting. 15 In case of vacancy, or if by reason of aelteftee-f'relll--tlle 16 e~~y.-er sickness, or from any other cause, the Mayor is unable 17 to perform the duties of his or her office, the Common Council 18 shall appoint one of ~he~r its own number Mayor pro-tempore who 19 shall have all powers and authority which the Mayor would have 20 possessed if personally prelteft~-aft8 attending to such duties, but 21 such Mayor pro-tempore shall not lose his or her vote as 22 ee~fte~~maft council member. 23 24 Section 38. Investigations and Hearings: Subpoenas: Enforcement; Delegation. In all investigations or hearings 25 conducted by or before the Mayor and Common Council, the Mayor 26 and Common Council shall have the power to issue subpoenas for 27 the attendance of witnesses, and the production of papers and 28 DAB/ses/Charter.rev September 14, 1990 19 o o 1 2 documents before them, which subpoenas shall be signed by the 3 Mayor, and such subpoenas shall be served as required by law for 4 the service of subpoenas from the Superior Court, and on failure, 5 or refusal to attend or respond as required by such subpoenas, 6 the person or persons so offending shall be subject to the same 7 penalties and punishment by said Mayor and Common Council as are 8 prescribed by law for like offenders in superior courts. The 9 Mayor. or any member of the Council, may administer oaths or 10 affirmations in the conduct of such investigations. 11 The authority granted by this section may be delegated by 12 the Mayor and Common Council to a standing or ad hoc committee 13 made up of two or more of its members. 14 15 Subjects of Legislation 16 17 . Section 40. Powers of Mayor and Common Council. The Mayor 18 and Common Council of the City of San Bernardino, heree~~er 19 ~e~ef~~-e~<~fte*!, shall have the following enumerated 20 powers. 21 (a) PurchaseL &ft6 Sale and lease of Property. The 22 Mayor and Common Council shall have power to purchase, lease, 23 receive and hold real and personal property within or without the 24 city limits, and to control, sell and dispose of the same for the 25 common benefit; provided that the sale or disposal of real 26 property which is appraised at a value in excess of $2,999 27 $35,000 shall be approved by a five-sevenths (5/7) vote of the 28 DAB/ses/Charter.rev September 13, 1990 20 - o o 1 2 Mayor and Common Council and shall be subject to competitive 3 bidding and no bid shall be awarded for a sum less than the 4 minimum price approved in a resolution of the Council which 5 provides for the notice inviting bids. 6 (b) Police and Sanitary Regulations. The Mayor and 7 Common Council shall have power to make and enforce all such 8 local, police, sanitary and other regulations, as pertain to 9 municipal affairs, and for this purpose may define misdemeanors 10 and infractions committed within the city limits or on lands 11 under the jurisdiction of the City, and provide penalties and 12 punishment therefor. a~tfteti~-~fte-~ee-~~~~tift~-efte 13 m~eeemeafter-ee-a~ee-a-Y~~a~~ft-eE-~he-~efta~-~awe-eE-~fte_S~a~~ 14 (c) Nuisances. The Mayor and Common Council shall 15 have power to define nuisances and provide for their removal. 16 (d) License Tax. The Mayor and Common Council shall 17 have power to license for purposes of regulation and revenue all 18 and every kind of business, occupations, shows, exhibitions, and 21 20 license tax thereon. 19 lawful games carried on in the City and to fix the rate of (e) Taxes. The Mayor and Common Council shall have 23 22 power to levy and collect taxes. (f) Fire Department. The Mayor and Common Council 24 shall have power to establish and maintain a fire department, 25 prescribe fire limits and adopt regulations for the protection of 26 the City against fires. 27 28 / / / DAB/ses/Charter.rev September 13, 1990 21 19 ... ~ - o o 1 2 (g) Police. The Mayor and Common Council shall have 3 power to establish and maintain a pOlice force. 4 (h) Overflow. The Mayor and Common Council shall 5 have power to protect the City against overflow. 6 (i) Houses of III Fame. The Mayor and Common Council 7 shall have power to prohibit and suppress lewdness and houses of 8 ill fame and indecent and immoral amusements and exhibitions. 9 (j) Storage. The Mayor and Common Council shall have 10 power to prohibit the storage of gunpowder, oils or other 11 combustible substances in quantity. 12 (k) Parks. The Mayor and Common Council shall have 13 power to layout and maintain parks. 14 (1) Hospitals, etc. The Mayor and Common Council 15 shall have power to regulate hospitals, pesthouses and slaughter 16 houses, and to provide for their removal or discontinuance. 17 (m) Cemeteries. The Mayor and Common Council shall 18 have power to provide cemeteries and regulate their management. (n) Pound. The Mayor and Common Council shall have 21 20 power to establish and regulate a public pound. (0) City Prison. The Mayor and Common Council shall 22 have power to provide a City prison and require the prisoners 23 undergoing sentence for misdemeanor to perform such labor as may 24 be prescribed. 25 (p) Sewers. The Mayor and Common Council shall have 26 power to acquire, establish, construct, reconstruct, maintain, 27 operate, manage, repair, improve or finance any building, system, 28 DAB/ses/Charter.rev September 13, 1990 22 4 ~ - o o 1 2 plan, works, facilities or undertaking used for or useful in the 3 collection, treatment or disposal of sewage and the reclamation 4 of effluent therefrom, or storm water, including drainage. 5 (q) Bridges, streets, etc. The Mayor and Common 6 Council shall have power to establish, build and repair bridges; 7 to establish, layout, alter, keep open, open, close, improve and 8 repair streets, sidewalks, alleys, squares, and other public 9 highways, and places within the City, and to drain, sprinkle, oil 10 and light the same; to remove all obstructions therein; to 11 establish the grades thereof; to grade, pave, macadamize, gravel 12 and curb the same in whole or in part, and to construct gutters, 13 culverts, sidewalks and crosswalks thereon, or upon any part 14 thereof; to cause to be planted, set out and cultivated shade 15 trees therein, and generally to manage and control all such 16 highways and places. 17 (r) Fines and Penalties. The Mayor and Common 18 Council shall have power to impose fines, penalties and 19 forfeitures for any and all violations or ordinances, and for any 20 breach or violation of ordinances, to fix the penalty by a fine 21 or imprisonment, or both. The violation of any lawful ordinance 22 made by the Mayor and Common Council shall constitute either a 23 misdemeanor or an infraction as provided in said ordinance, and 24 shall be prosecuted in the name of the people of the State of 25 California. 26 27 28 / / / / / / DAB/ses/Charter.rev September 13, 1990 23 ~ l.l - - - o o 1 2 (s) Compensation and Removal of Officer. Subject to 3 the provisions of Section 53 of the Charter, the Mayor and Common 4 Council shall have power to appoint and remove such ~~~eft-afts 5 e~ftep-e~bepe~fta~e,-e~~~eep8-afte-em~~yeee7 city department heads 6 as they may deem proper, and to fix their qualifications, duties 7 and compensations. e~e~e~~-~fte-e~Y~~-~~~~~_ef 8 ~ft~e-Gftap~ep~ 9 (t) P~e~~e-Y~iii~ies. Water. The Mayor and Common 10 Council shall have power to contract for supplying the City water 11 for municipal purposes, or to acquire, construct, repair and 12 manage pumps, aqueducts, reservoirs or other works necessary or 13 proper for supplying water for the use of such City or its 14 inhabitants, or for irrigating purposes therein subject to the 15 powers and supervision of the Board of Water Commissioners as in 16 this Charter provided. 17 (u) Public Works and utilities. The Mayor and 18 Common Council Council shall have power to acquire, establish, 19 own, construct, maintain and operate street railways, telephone 20 and telegraph lines, gas, electrical and other works for light, 21 power and heat, and to supply such light, power and heat to the 22 municipality and the inhabitants thereof: and to acquire, own and 23 maintain public libraries, museums, gymnasiums, parks and baths. 24 (v) Construction Permit. The Mayor and Common 25 Council shall have power to permit, under such restrictions as 26 they may deem proper, the laying of railroad tracks and the 27 construction and operation of street railways and the running of 28 DAB/ses/Charter.rev September 13, 1990 24 16 - - o o 1 2 cars drawn by steam, electricity or other power thereon; and the 3 laying of gas and water pipes in the public streets; and the 4 construction and maintenance of telephone and telegraph lines or 5 other utilities therein. 6 (w) Schools. The Mayor and Common Council shall 7 have power to maintain public schools. 8 (x) Duties Not Defined. The Mayor and Common 9 Council shall have power to prescribe by ordinance the duties of 10 all officers whose duties are not defined by this Charter, and to 11 prescribe for any officer, duties in addition to those e~her-~ftaft 12 herein prescribed. 13 (y) Dog Tax. The Mayor and Common Council shall 14 have power to impose and collect aft a aftft~a! license tax on every 15 dog owned or harbored within the limits of the City. 17 Mayor and Common Council shall have power to make and enforce all (z) Make and Enforce Laws and Regulations. The 18 laws and regulations in respect to municipal affairs, subject 19 only to the restrictions and limitation~ provided in this 20 Charter. 21 (aa) Other Powers. The Mayor and Common Council 22 shall have power to pass all orders, resolutions and ordinances 23 and to do and perform any and all other acts and things necessary 24 or proper to complete execution of the powers vested by law Or 25 this Charter, or inherent in the municipality, or that may be 26 necessary or proper for the health and general welfare of the 27 City or its inhabitants. 28 DAB/ses/Charter.rev September 13, 1990 25 J J.l o o 1 2 See~~ft-4iT-~~~-Ae8ee8meft~,-~eVY-~~~~r-6i 3 ~axes~---~he-~-afta-~~~~-eha~~-h8ve-~-~_~t 4 ehaii-~-~he~~~~y,-te-~~~-6re~ftaftee-8-~~_~he 5 a8eee8meft~,-ievy-~~~~:I:on--6~- 8ii-~-i-ty- tanes ,--wh-i-e....-ey8~ 6 eh8ii--coftor-erlll-_-fteariy--as--the-~llIetafteee-ei--bh&- case -flIay 7 perlll~~ ,-te- tfte- ~ev~5~eftS- EI'f- -bh&- -i-ews- -of- -Ilh-:l:s- -&ee:-_ -Ht -l!'erel!'eftee 8 ~e-8Saeaameftt,--i~-8fte-~~~-6~-St8te-~~-~aze8, 9 e~eep~-8s-~~-~~llIe-ier-stieft-assessm~-~~-ee~~~~ft, 10 al'\a - euOEl1'"~ - 85- -Ilo- -the- ~i-eer s- -by- -whelll- '8UCb- -al:l ties- -M'e- -Ilo--ee 11 periefllled-.---""i-i--t-a~es- asseaaea-.ot:~l!'-w~-'bh--afty-~~~ 12 ~1II~sed-ie~~~~I'\~l:Ie~,-afta-~-e~~~-~le~~eft,-~~i 13 eefts't~~-~ief'l'5- -on--the- ~-a8eeeeeci,-irelll-~ -e:f1l_ -~he 14 ~~re~ - Mef'la8Y- -i-n- lla:t'<h'" -Ht -eaeh -year, - wft~eft- .H.-ens-"1lley- -be- -eftrel!'eee 15 ey-a-el:l1ll1llary-ea~e-6~-el:leh-pl!'eper~y-al'\e-~he-e~eel:lt~ft-afte-ae~~ry 16 ei-~~~-fteeessapy-~~ates-~-eeeds-the~~~,-8fte-~h 1 7 l!'e~l:Ii-S<<-()f}S- -as- -flIay - ee- ~ esC!:'i-bed- ~ -6re~ftaftee.. - er--by--ecMon--~1'\ 18 al'\y-~-ei-~~eftt-~~e~et~~~-i~-sti~-~~ftt 19 pl!'evMee-that--eny-~-ee~-ier-stieft--t-&xes -shall -be--l!tl:lefeet 20 te -Peeelllp~~ft _~~h~ft -the -~~llIe -afte -~ft -~he -flIaftftel!' -pl!'evMee, -el!'-~hat 21 llIay-there8iter-M-~tiJe&--by--i_~~ ~:I:on-~r--Pl!'epel!'ty 22 ee~a-ier-St8te-er-€et:lft'ty-.ot:1!litefM--~-i- deeds .~-up<m--efty-ea~e-6i 23 pl!'epel!'~y-rel!'-~a~ee,-el!'-l!tpee~a~-aeeee8meft~-l:Iftl!el!'-tfte-pl!'ev~e~l'\e~i 24 ~h~l!t-€harter-sh8ii-fteve-.ot:fte- aeme-~~ effe,*--Ht-e'Y-ideftee.-as 25 ~l!t,-~~-herea~~el!'-ee-~-ded-~-~allf-ier- deeds ~-Pl!'epel!'~y 26 ee~e-ier-~-of-~-6l!'-€el:ll'\ty-'t8!l:efh---'Phe-_HiKint-l!'ate 27 e~-taxatiel'\-5fteii--n&t:- elEoeed -Ht-afty-el'\e--ti~-~-cne-~~l:iH'--al'\a 28 DAB/ses/Charter.rev September 13, 1990 26 .l. - - - - o o 1 2 ~ft~P~y-~~Ye-eeft~s-~$~~a5~-~~~~~~~r&_~~~~-ef 3 Yal-ltlt~~ft-er-flrepe~'ty- assessed ~~~-~-fteeeeeltPy 4 ~-~aY-~~~~~-e~-aft8-~ft'te~es't-~~~-~ft&ee~edftees 5 e:f-~he-e~~y.,. 6 7 Article IV 8 9 Executive Department 10 11 Mayor 12 13 Section 50. Chief Executive Officer. The Mayor shall be 14 the Chief Executive Officer of the City of San Bernardino and a 15 citizen of the State of California who shall be at least thirty 16 years of age and a resident and qualified elector of the City for 17 a period of at least ~hi~'tY--(-aG7 twenty-nine (29) consecutive 18 days next preceding the date of filing nomination papers for the 19 office. The Mayor shall cause the strict enforcement of all laws 20 and ordinances within his or her jurisdiction: shall vigilantly 21 observe the official conduct of all publiC officers, and take 22 notice of the fidelity and exactitude, or the want thereof, with 23 which they execute their duties and obligations, especially in 24 the collection, administration and disbursement of publiC funds 25 and property. The public books, records and official papers of 26 all departments, boards, officers and persons in the employ or 27 service of the City shall, at all times be open to all persons 28 DAB/ses/Charter.rev September 13, 1990 27 . o o 1 2 for inspection and examination as provided bv state law. The 3 Mayor shall cause all the books and records of said departments, 4 boards, officers and persons to be kept in legal and proper form. 5 Any defalcation or willful neglect of duty or official misconduct 6 which may be reported to or discovered by the Mayor shall be laid 7 before the Common Council in order that public interests may be 8 protected and the person in default proceeded against according 9 to the law. The Mayor shall, from time to time, give the Common 10 Council information in writing relative to the state of the 11 City's municipal affairs and business, and shall recommend such 12 measures as may be deemed beneficial. 13 The Mayor shall have the books and records of all public 14 departments, pertaining to the finances of the City, e2per~ed 15 audited by a competent person at least once in every year. Any 16 person refusing to submit to, or permit such examination, or 17 purposely delaying, or impeding the same, may be suspended from 18 office by the Mayor and removed for malfeasance by the Mayor and 19 Common Council. The Mayor shall have general supervision over 20 all the departments and public institutions of the City: shall 21 cause them to be honestly, economically and lawfully conducted: 22 and shall take all proper measures for the preservation of public 23 order and suppression of all riots and tumults. 24 Section 51. Appointments and Vacancies. The Mayor, with 25 the consent and approval of the Common Council, shall appoint all 26 officers, and fill all vacancies in an elective office not 27 otherwise provided for in this Charter. PreY~eee-~fta~-~ft-ftO-eaee 28 DAB/ses/Charter.rev September 13, 1990 28 .. o o 1 2 Whe:E'e-8-~-hee-~-afte-81\-8flflMft't:llleft't:- b8en--f\lElde--~-al\ 3 e~ee~~ve-effiee,-~~-~-e~~~e:E'-he%d-~~~~~eftera% 4 m~l\ie~~-~~~-a~-whieh-~~~~-e~e~~ft-sh8%%-~~~_~r 5 ~ha~-e~E~ee-se-V8e8ted-'t:e-~~~~-~~~~. In case of a 6 vacancy in the office of Mayor, the vacancy shall be filled by 7 the Common Council by a majority vote. afte-the--eppoimee-ebe-H: 8 he~e-effiee- ~r-the-~~~ When a vacancy has occurred 9 and an appointment has been made to an elective office, an 10 election to fill the position for the unexpired term shall be 11 held in the next succeeding city wide municipal election, and the 12 appointee shall hold office until the appointee or his or her 13 successor has been elected and qualified. 14 Section 52. Contracts and Agreements - Pewer-te-~~ 15 er-~~lIeM . The Mayor shall see that all contracts and 16 agreements with the City are faithfully kept and fully performed, 17 and to that end shall cause legal proceedings to be commenced and 18 prosecuted in the name of the City against all persons or 19 corporations failing to fulfill their agreements or contracts, 20 either in whole or in part. 21 Section 53. Power to Dismiss W~~he~~-ea~ee. 22 The Mayor shall have the general supervision of all City 23 officers elected or appointed, except ee~fte~~mel\ council members. 24 A. Any appointive officer or employee of the City of San 25 Bernardino, except officers appointed for a definite term, and 26 except deputies, assistants, Clerks, employees, and attaches 27 holding office at the pleasure of an elective officer, may 28 DAB/ses/Charter.rev September 13, 1990 29 o o 1 2 summarily be dismissed without cause by the Mayor, with the 3 consent of five-sevenths (5/7) of the Common Council. 4 B. For cause he or she shall have power to discharge any 5 City appointive officer or employee, fer-dere~ie~ieft,-ftegiee~-er 6 fteft-~rmaftee-~-d~~Y7 except employees in the classified 7 service, and may to suspend any employees in the classified 8 service pending a hearing before the civil service board. 9 10 11 12 City Attorney Section 55. Position - Duties - Salary. (a) The office of 13 City Attorney shall be a full-time position, and the incumbent 14 shall not engage in private practice. 15 (b) To be eligible to hold the office of City 16 Attorney, the person elected or appointed shall be an attorney at 17 law, duly licensed as such under the laws of the State of 18 California, and shall have been engaged in the practice of law 19 for at least five (5) years prior to his or her election or 20 appointment, and shall have been a resident and elector of the 21 City for a period of at least ~hir~y-~-3G~ twenty-nine (29) 22 consecutive days next preceding the appointment or the filing of 23 nomination papers for election to the office. 24 (c) In the event a vacancy shall occur in the office 25 of City Attorney during his or her term, such vacancy shall be 26 filled by appointment by the Mayor and Common Council, which 27 appointment shall be valid until the next city wide ~efterai 28 DAB/ses/Charter.rev September 13, 1990 30 o o 1 2 municipal election, at which time a City Attorney shall be 3 elected for the remainder of any unexpired term, or for a full 4 term in accordance with Article II of this Charter. 5 (d) The City Attorney shall be the chief legal 6 officer of the City; he or she shall represent and advise the 7 Mayor and Common Council and all City officers in all matters of 8 law pertaining to their offices; he or she shall represent and 9 appear for the City in all legal actions brought by or against 10 the City, and prosecute violations of City ordinances and may 11 prosecute violations of state law which are misdemeanors or 12 infractions and for which the City Attorney is specifically 13 granted the power of enforcement by state law without approval of 14 the District Attorney, or those violations which are drug or vice 15 related; he or she shall also act and appear as attorney for any 16 City officer or employee who is a party to any civil legal action 17 in his official capacity; he or she shall attend meetings of the 18 City Council, draft or review as to form and legal content, 19 proposed ordinances and resolutions, give his or her advice or 20 opinion in writing when requested to do so in writing by the 21 Mayor or Common Councilor other City official upon any matter 22 pertaining to municipal affairs; and otherwise to do and perform 23 all services incident to his or her position and required by 24 statute, this Charter or general law. 25 (e) The salary of the City Attorney shall be fixed by 26 the Mayor and Common Council, but shall not be ~88-~h&ft~Yeft~y- 27 ~~Ye-h~fta~ed-~~~~~~,~.~ reduced during his or her term 28 DAB/ses/Charter.rev September 13, 1990 31 J J o o 1 2 of office. He or she shall be provided with office space and 3 equipment, and clerical help by the City. 4 5 6 City Clerk 7 Section 60. Duties. The duties of the City Clerk shall be 8 to keep the corporate seal and all books, papers, records and 9 other documents belonging to his or her office, attend all 10 meetings of the Mayor and Common Council and keep a journal of 11 the proceedings. He or she shall have full power and authority 12 to take all affidavits and administer all oaths necessary in the 13 transaction of city business, but shall make no charge therefor. 14 His or her official books and records shall be kept properly 15 indexed and be open to public inspection during office hours. He 16 or she shall number and keep a record of all demands allowed and 17 certified to him or her, showing the date of approval, to whom 19 18 the same is allowed, the nature of the claim, and the fund out of which the same is payable. He or she shall issue all licenses 20 and countersign all warrants on the City Treasury, except 21 warrants of the boards, and shall do and perform all other acts 22 required of him or her by this Charter, or by ordinance, or which 24 23 may be required of him or her by the Mayor and Common Council. Section 61. Qualification. The City Clerk shall have been 25 a qualified elector and resident of the City for a period of at 26 least twenty-nine (29) consecutive days prior to his or her 27 28 / / / DAB/ses/Charter.rev September 13, 1990 32 Jl. - - o o 1 2 appointment or filing of nomination papers for election to 3 office. 4 5 Treasurer 6 7 Section 70. Duties. The Treasurer shall receive~ invest 8 and payout all moneys belonging to the City, and shall keep an 9 account of all receipts and e]fpefte~..t:tl~ee disbursements, under 10 such rules and regulations as may be prescribed. He or she sfta~i 11 lIIalte-a-~'Y'" ~-ec.--efte-Mayer-efte--c'ElllllOOft--C-ounc!l ~-~fte 12 peee~~-&fta-~~~~res-~--efte-~ed~ftg-~~.-aft8 shall 13 perform all duties required of him or her by law and the Mayor 14 and the Common Council. He or she shall not payout any lIIeft~S 16 15 money belonging to the City except on claims presented, allowed and submitted in the manner provided by this Charter. The 17 Treasurer Shall be the administrator of all bonds issued by the 18 City. 19 Section 71. Qualification. The City Treasurer shall have 20 been a qualified elector and resident of the City for a period of 21 at ieast twenty-nine (29) consecutive days prior to his or her 22 appointment or filing of nomination papers for election to 23 office. 24 25 26 27 28 Article V (Reserved) DAB/ses/Charter.rev September 13, 1990 33 . - o o 1 2 Article VI 3 4 (Reserved) 5 6 7 8 9 Article VII Initiative, Referendum and Recall 10 Section 120. The Initiative. Any proposed ordinance may be 11 submitted to the Common Council by a petition signed by 12 qualified and registered electors of the City equal in number of 13 the percentage hereinafter required. The signatures to the 14 petition need not all be appended to one paper, but each signer 15 shall add to his signature his place of residence, giving the 16 street and such other identification as may be required by the 17 regis~ration law. One of the signers of each such papers shall 18 make oath before an officer qualified to administer oaths, that 19 the statements therein made are true, and that each signature to 20 the paper appended is the genuine signature of the person whose 21 name purports to be thereunto subscribed. Within ten days from 22 the date of filing such petition, the City Clerk shall examine 23 and from the great register ascertain whether, or not, said 24 petition is signed by the requisite number of qualified electors 25 and if necessary, the Council shall allow him or her extra help 26 for that purpose, and he or she shall attach to said petition his 27 or her certificate showing the results of said examination. If, 28 DAB/ses/Charter.rev September 13, 1990 34 o o 1 2 by the Clerk's certificate, the petition is shown to be 3 insufficient, it may be amended within ten days from the date of 4 said certificate. The Clerk shall, within ten (10) days after 5 such amendment make like examination of the amended petition, and 6 if his or her certificate shall show the same to be insufficient, 7 it shall be returned to the person filing same, without 8 prejudice, however, to the filing of a new petition to the same 9 effect. The original petition may not be amended more than once. 10 If the petition shall be found to be sufficient the Clerk shall 11 submit the same to the Council without delay. 12 If the petition accompanying the proposed ordinance be 13 signed by electors equal in number to thirty percent (30%) of the 14 entire vote cast for all candidates for Mayor at the last 15 preceding City election at which a Mayor was elected, and 16 contains a request that said ordinance be submitted forthwith to 17 a vote of the people at a special, or general municipal election, 18 then the Council shall either: 19 (a) Pass such ordinance without alteration within 20 twenty (20) days after the attachment of the Clerk's certificate 21 of sufficiency to the accompanying petition (subject to 22 referendary vote), and if the ordinance shall be passed by the 23 Council, but shall be vetoed by the Mayor, and on reconsideration 24 shall fail of passage by the Council, then, within five (5) days 25 after determination that said ordinance shall have so failed of 26 final adoption, the Council shall proceed to call a special 27 election at which said ordinance without alteration, shall be 28 DAB/ses/Charter.rev September 13, 1990 35 o o 1 2 submitted to a vote of the people; or, 3 (b) Forthwith after the Clerk shall attach to the 4 petition accompanying such Ordinance his or her certificate of 5 sufficiency, the Council shall proceed to call a special election 6 at which said ordinance, without alteration, shall be submitted 7 to a vote of the people. 8 The ballots used when voting upon said proposed ordinance 9 shall contain the words, "For the Ordinance," (stating the 10 general nature of the proposed ordinance) and "Against the 11 Ordinance," (stating the general nature of the proposed 12 ordinance). If a majority of the qualified electors voting on 13 said proposed ordinance shall vote in favor thereof, such 14 ordinance shall thereupon become a valid and binding ordinance of 15 the City; and any ordinance proposed by petition, or which shall 16 be adopted by a vote of the people, cannot be repealed or amended 17 except by a vote of the people obtained in like manner. 18 Any number of proposed ordinances may be voted upon at the 19 same election in accordance with the provisions of this section, 20 provided that there shall not be held under this section of the 21 Charter more than one special election in any period of twelve 22 months. 23 Section 121. The Referendum. -Ne-e!!'e4.l'ltll'lee- passed -by-~ 24 Selllllleft- -C-OU-fle! 'i - -< ell ee p1! - whefr -e1!ftel!'W~_ - r-et:(t1.!r-ee- -by- -1me- 4l'6ftera'i 25 1- 8 W'8- -e i - ~e - -&ll-&1! e7 - -o-r - by- -tft'8--pre'lf4.-s4.-ons- - e.f-~~It _€~p, 26 re!!lpee-t-i-ng--!!Itl!"eet--i~-end--elfeep1!-8ft- ~-nence--Eor--1!fte 27 ~lIIl11ee4.~-pre!!ler-'lf8t!eft-~-1me--Pt:le1-~-pe8ee,-~~-~_ltare1!y, 28 DAB/Ses/Charter.rev September 13, 1990 36 . o o 1 2 whieft--coft-e-lti:fts--e--s--ea-eel1left-e-ef-~"'I::-s-~,--ltfte-is- passed -by--a 3 -eW~i:J."6-S- -~:i! r a~- -yo.-e-e - e45- --e-he - -c-ounc-:l:-:t, - -bu"Il- -8e- ~-e- - M--efty 4 Erafte~~-shai~-~-eeftstJ."~ea-"'I::~~-aft-~J."gefteY-~-~-a:ti 5 Eraftehi:ses-sha:t:t-be-s~bfee-e--ee--ehe-reEerefteary-Ye-e-e-herei:ft- 6 ~reYi:eeeT-Sftaii-~~-eEEee-e-befeJ."e-~fti~~Y-~~r~ ~--ehe 7 ~:l:-I1le -ef - i ~5- fi-ne,l- "1)ssssge- -end -i:-es - a~~J."evai -l9y- -tlle- ~-eft6 !. f 8 during sa:l:-6 the thirty days between final passage of an ordinance 9 and its effective date, a petition signed by electors of the City 10 equal in number to at least thirty percent (30%) of the entire 11 vote cast for all candidates for Mayor at the last preceding City 12 election at which time a Mayor was elected, protesting against 13 the passage of such ordinance, be presented to the Council, the 14 same shall thereupon be suspended from going into operation, and 15 it shall be the duty of the Council to reconsider such ordinance, 16 and if the same is not entirely repealed, the Council shall 17 submit the ordinance proposed to the vote of the electors of the 18 City either at the next general municipal election or at a 19 special municipal election to be called for that purpose, and 20 such ordinance shall not go into effect or become operative 21 unless a majority of the qualified electors voting on the same, 22 shall vote in favor thereof. Said petition shall be in all 23 respects in accordance with the provisions of -ehe-first Section 24 120 of -e-he this article (The Initiative) and shall be examined 25 and certified by the Clerk in all respects as therein provided. 26 All grants of franchise shall be subject to this section. 27 Section 122. The Recall. Proceedings may be commenced for 28 DAB/ses/Charter.rev September 13, 1990 37 . o o 1 2 recall of the holder of any elective office of this City and the 3 election of a successor of the holder sought to be removed in 4 accordance with general law. 8y--t:fte-_Yie-e-,--i'i-i~-eftd 5 p~8i'i~~-e~-~-Re~'i~-er-~~~eft-~-eire~~-a-~ri 6 peti~'i-on-.--- S~-eb-~l!'eeeee.'i-ngs-_aY-~-8e-~~--ehe 7 heia~~-aR-~i-ee-~ft-i_,--at--'bhe--~illle-~~;-_~he 8 he i ae~ -ha-e- - Re-i of!- _f-r:i:,ee - ier- -&b- -1 eas'll -ft~rte~y - aays- -end- -no- -:Peea~i 9 pe-e~~~ft - Ras - eee5- ~~-i-ed- -egei-net- -such- -bo-l-de!!- _~'eft:l:n- ~ -preeeli~~ 10 s:i:,x-~~--~~e~it'i-on-~lIIaRa'i~~e-f~~~-ei-~-err~eer 11 se~h-e-~e-8e-reeaiiea-Sfteii-~~~~-ed-~~~~~~r__~he 12 peti ~'i -on- -e-ha i i - -be- -s:i:,lffte-d- -by- -rte-e - iess- -bhen-~;tve- -pereeftt 13 ~25%~-_f--~~~~ers-~-tft-e-~~-ey,-~-:i:,ft--'bhe--eae-e-_f--e-~~y 14 ee~Re'i-i~-eiee~-ed-~y-~--eweftty~~-pere~-~~S%i-~_~he 15 'V'e-eers -ei- -t:h8'b- ",'ard-,--aeeerli~~ - tRe- ~~ -<ll erlt-'. -~ -errHl~ai 16 reper-e-ei-~~-on-~-~he-seeretary-ef-~--~-s~fta~~re 17 lIIay-ee-e~~'i!tee.-~~"Ilbe--peM-'M-on--uMl;I:-~~~~-ft8'V'e-_l!'Yeli, 18 r:i:,~eli-afta-~~~~-fte~:i:,ee-ei-'i5~e5~'ieft-~~1~~_peea~i 19 pe~~~ft,--e-eft~-e-!"'-r.M~-~~-ftallle-~-~Re-~~er--sougft-e_~~~e 20 peee.i-i~_ftli-.ot:-be-~~-e~e-ei-M19- off-~,--a- statellle.5t-~-n-~_pe 21 -ehaft-S99-"eras-ei-~fte-~-on-~-eh-~ --rece-~~-j,g.~,--afta 22 -ehe-~ame- -afta- -edd-re-ss - ~ --e--e- i east -cne-,--8~-e -ftet- ~ -1men- -r~ye 23 prepefteft-es~--'I'fte-fl&M-ee-~~r-ebe-~~-be-_P'l/'ed:,--pepeefta~~y 24 9r -by -eer-e~f-~ _a~ ~,-eft --efte -errHlep -_~ft-e --ee -be -peea~ reli, -aM-e. 25 eepy -~hereer -"~-eh -a -eer~~rHla~e -er -~he --e~e -aftli _aftftep -er -sel!'YHle 26 shaii-~~~-w~~h-tRe-~-i~-~-~he-ielfisie.tive-~--~~~h~ft 27 seyeft-fgi --deys-~-i!fte.-r~r~~-ei-~fte-fl&M-ee-~-~rI!-i<m,---ehe 28 DAB/ses/Charter.rev September 13, 1990 38 o o 1 2 erf~e~~~~ft~-~-ee-~eee~~e8-~~~~-W~~ft-~fte-~~~~~-aft 3 aruIWe~~-fte't-~-~fteft--5G9-w~~-ee-~fte-~~_~fte 4 prepefteft~e-afte-~r-aft-aftewer-~e-r~~ee,-efta~~-eerYe-a-eePY-~ftereer, 5 pereefta~~y -e~--by-~-Ilta~~,-eft-efl.e-~ -'Ilhe-~-ft8llle8 6 ~ft -~fte--noM-e&-~-~~j,on.:---A~-'tfte- -'b~:II~-'Ilhe-"1'"~-p~e~~eh 7 ~fte-fte~~e-afte-e~a~emeft~-rererree-~-aeeye,-~fte-err~eer-ee~ft~-~ 8 ee-reea~~ee-lltay-ftaye-~fte-aftewer-p~e~~eftee-a~-ft~e-e~peftee~--~r-~fte 9 aft8We~-~~~-ee-p~e~~8fte8-~~~-efta~~-f~~e-~~-'Ilhe--e~~y 10 e~erlt-e~-~-tl-!i-me-~-afte_r-~8-~-!-iee-_~-dee-~_ft~S 11 ~ft~eft't-~-~fte-eftswe~-~~~:---~fte-~~~_aftewe~ 12 al!'e-~~e8-'8C'i-e-l-?-fe~-bbe--~ft~~~ -er-tfte-"V6'I:-M'S-~-fte 13 ~fte~rr~~eftey-~ft-~~-er-8~eS~eftee-~-sha11 ~-~fte 14 ~e-i~~~~y-~-'t~-e-i~~eft-~r-~ee8-!~:---~-fte~~ee-~d 15 e~a~-eft~-es-~~~-aee~,-eft8-~~ler ,--~r-~~-~~~-ee 16 p~e~-!iS'hed--efte:H--be--p~e-i-i-shed--a~-~east: -eftee-~ft-_-newepeper -ef 17 ~eftera~-e~re~~a~~ft,-ae-eeeer~eee-~ft-See~~fte-&G99-~-&9&&-er-~fte 18 Geyerftmeft~-C-eee,-aef~e~a~ee-ae-e~ft~ 19 Se~-en--fq+-el!y~-af't_-~fte--p~M~~ft-~~fte-~i-ce-, 20 s~l!~~-eft8-~er,-~~-~t-~-e--te--be--p~e~-!iS'hed-,-the-~~! 21 pe~~~~ft-may-ee-e~re~~a~ee-aft8-e~ftee~--~fte-pe~~~~ft-efta~~-eear-8 22 eepy-~-~fte-ftet~ee-~~,-e~a~emeft~-eftd-~e~;-~-afty~ 23 ~r - 't-be--err ~ ee~ -h&e- - fte't- -enS\lered-,- -~fte -pe~~ ~~eft- -sbfri.~- ~-e~ate~ 24 S~fta~~ree-shl!~~-~-eecured--afte-~he-~<<~+i.~_~~_e~~~y 25 ~&GT-8l!Y8-~~-r~~~ft9-ef-~~~~-er-~ft~eft~~eft~---~-e~h 2 6 pe~~~~ft - b - ftM- ~-i-iee- ~-tlhS.ft--'Ilhe- ~ --pernt-~ -by- -1!ft~ -eee~~ft, 27 ~fte-seme-Sfte-i-i-~~~~-a~~-p~rpese8~--~~~~~~fte 28 DAB/ses/Charter.rev September 13, 1990 39 o o 1 2 );te-e:k-ei-eft - fteea- flO't- -e-1-l--be- -a);t);tefteleel-te- efte- -pepes:'1- -b\rIl- eaM -e~fter 3 eh8~~-~-te-~-&-8igft~~~-);t~aee-ei-~~-~--ehe 4 e-eree-e-efta-~~-:keleft-e~~:kea-ei-efte-88-meY-~~~_-ehe 5 re!l'i8tr8tieft--i~---efte-ei--bbe-~-e~-e8eh-~ paper -eha~~ 6 ma~e-e8th-~~-e~~~r-~~e~iiiea-k~~~~r_-ehat 7 -ehe-8tetellleftt8-<t:fte~Mfl.-mede-~~--end-~ eat!ft-&~re--ee 8 -ehe -);t81'er- ~flfl8fl.eee, - -i-s- k-be- ~-ne- -ei~ ~ -1!fte- ~l!'8CM't _helte 9 ft8I11e-~r-e8-~~e-t~-e~eeer~eeelr--~~~~~~-r3G~ 10 e1aye-8~-eer--ehe-ela-ee-e~-~:k~:k~-e~eh-);te-e:k-ei-eft,--ehe-e:k-ey-e~er~_eha~~ 11 e:ltalll:kfte-efta- as~~~ -er-ftet-se-:i.e--pet-i<<'t>n--i-&-&:tgned-ey 12 -ehe-r~~~e:k-ee-ft~eep-e~~~a~:k~~eel-e~e~pe-aftel,-:k~-fteeeeeary,_-ehe 13 ee~fte-i-i-~a~~-~~~-eKtre-~~~--eha-e-);t~rl'e5e7-~~-e:k-ey 14 e~erk--eh&l:-~-8t~--ee-~-);te-e:k-e:keft-e-~<<-c&be-~_-ehe 15 ree~~-e-e~-e8:ke1-e:ltalll:kfta-e:keftr--~~,-ey--ehe-e:k-ey-e~r~~e-eer-e:k~i-ea-ee, 16 -ehe-~:keft--i~~Wft-~~--i~:keftt7-~-1lI8y-~-ameftelel!l 17 w:k-eh:kft-thirty--(-ae-)--deys- M'ooI---ehe-li8h-M-'ee5..d-~~.---'Phe 18 e:k-ey-€~erk-~-i,-~~~--eh:kp-eY-fa8~-~~~-ameftelllleft-e, 19 llIake--~-eK~~:keft-~-~he-~l!Iea-~~~~eft7-~r--i~_~~5 20 eer~:k~:kea~e-eha~~-ehew-~he-eame-~-ee-e~~~:ke:keft~-:k~-eha~~-ee-ye:kl!l 21 ~e!C--&~~-"PU'rl'e s e 9 r---l-~ --bbe--~~~i~-eh8-i~--ee-~-~~e 22 e~~~~e:keft~,-tfte-~-i~~~-eha~~-5~elllit-tfte-S8~~-1!fte--ee~fte~~ 23 W:ktft~~~8Y-~-~he-~~-i-~l-l---ehere~peft-eraer-~~_8 24 e18te-~-he~l!I:k~-58ia-~~~-~-~eee-tft8ft-<<~~~r-elaye, 25 fter-1lIepe-~haft-eeYeft~Y-r~9T-elaye-~rem-~he-ela~e-e~-~he-e:k~y-e~ep~~8 26 eer-e:k~~a-ee-~--ehe-ee~fte~~--eha-e-a-e~~~~~eft~-);te-e~~i-eft_:ke_~~~l!I~ 27 f f f 28 DAB/ses/Charter.rev September 13, 1990 40 20 21 22 23 24 25 o o 1 2 'Phe -ei--e:r -GeltAei- J:. -aAeI--ehe -ei--e:r -eJ:.eplt -ahaJ:. J:. -IlIalte,. -ep -ealtae-1!e 3 8e-~e1e,-~lt8~~~-e*~-ef-~-e*e~-aRe-~J:.i-~paft~R~~~r 4 eeAellte-ei-~,.-retltrR*R~-efte-~~~~~~~~~-eJ:.ee-ei-eR 5 i-A--efte-aame-lllaAAep-aa-e-eher-ei--e:r-eJ:.ee-ei-eAa~--AA:r-pereeft-ee~h-e_1!e 6 8e-~~-8e-a-~~~-elteeeeel-h*mseif-~~~-he 7 re~lte~k~-e-eherwi-ee,.-*R-~~~-~-ei--e:r-€ierk-~~-~~_hi-s 8 Aame-~--ehe-~~;i,aJ:.-~~-w*~~-ftemi-Aa-ei-eA~--~~~_elteh 9 peIlleYaJ:.-eieet*eR,--bhe-~~-reeei-Yi-A\J-the-M~-nuntber -ef 10 Ye-eea-ehaJ:.J:.-8e-e1eeJ:.apeel-eJ:.ee-eeel~--A-e-alteh-eJ:.ee-ei-eA,.-i-~-eeme-e-efter 11 pepeeft-"'heR-k-be--~-peeei-Yee-"'Re-M~~~_Ye-eee, 12 -ehe-*Reltm8eR"'-~~-~~-8e-aeemea-~~--eh&-e~fi-ee 13 ltpeft-~~;i,~i-ea~~~-e~-ft~~~eees5~---iA-~-the-~_wfte 14 pee e~ 'Ired- --ehe - M-ghe 3 -e - Atl~ -ef -...ot e 3 -eRetl~ -do -+ai- J:. -k& -qli"aJ:.i-fy 15 with~~~-f~~~-a~-eep-reee*y*ft~-~~~~~~-eJ:.ee-ei-eA, 16 -ehe-e~~i-ee-ehaJ:.J:.-8e-eeemeel-YeeaA-e~--~~--efte-iAeltm8eft-e-peeeiYee_-efte 17 hi!Jhea-e-Altm8er-M-'Ye't:ee--be-~~-~~.---'Pfte-_e_eeeer 18 e~-aRY-M~~ee~1Se-~~~--ho-1-d-~f~-duoPH1g---eh&-ltfte]fpi_s 19 -eePm-e~-hie-ppeeleeeeeer~ Article VIII Revenue and Finance Section 130. Reports and Estimates. On or before the last 26 MeRsey day in a:ltiy-~-ft each fiscal year, the Gi-e:r-€ierk Mayor 27 shall transmit to the Mayor and Common Council, accompanied with 28 DAB/ses/Charter.rev September 13, 1990 41 _ L L o o 1 2 the estimates and reports of each department, an estimate of the 3 probable financial necessities of the City Government for the 4 fiscal year, stating the amount required to meet the interest and 5 principal on all bonded or funded indebtedness of the City, 6 together with the amount needed for the salaries and probable 7 wants of all the departments of the Municipal government in 8 detail, showing specifically the necessities of each fund in the 9 treasury. Such estimate shall also show what amount of income 10 and revenue will probably be collected from fines, licenses and 11 other sources of revenue, exclusive of taxes upon property, and 12 what amount will probably be required to be levied and raised by 13 taxation in order to meet the necessities of each specific fund 14 for such fiscal year. 15 See-e~ft - i3i... - ~e4.f1.6f1.ee-'l'&- -Be- F assed.--~ -Mey<H'" -aftli-6elll1lleft 16 Sel:lfte-:i-i- -cft-e~ ~re -'bbe- -i-i:rst--Mond-&Y' - ~- -.Jitftltl!ry, - ~7-r-&ftl!1 17 l!ftftltl!~~Y'--eherel!i--eer-whi:~-l!ftY'-Ya~i:e-~aw-exi:s-es-~r--ehe-&ssessmeftt 18 &ftl!1-~~-ei:eft-~-ei:-eY'-t8Kes-~~i~-ez.-tfte-~~_S&ft 19 Berftarei:fte,-sh&~~-p&ss-l!ft-erei:ftaftee-e~ee-ei:rt9--ee-ayai:~--ehe-ei:-eY'-ei 20 Saft - Benl.erl!1ifte-~ -llhe- "1,n'O'\I'":I:9-~ -ei-- eft-e.et- ~-'M-etH- ..J~~--ee 21 preyi,ee- ier- the- -i-evy-~-eo-~leo'l!-.i:on- -ez. -teKes- ey- -end- ~~ -Itee 22 ez.-1lI1:1ft!:e!:pei-eerfler8<t4.efl.S--end-~~~_~_~aw8 23 ez.-tfte-5t6te-~-c-e1-!~-e;- en~~~~~-ei---ehe 24 z.i:rs-e-ei8ss,--end-~-preYi:ee-ier-~~~li~~-aftli-&ee~i:-e~ft 25 ez.-~~-llIl:1ft!:e!:pei-~~-~--ee-preY!:l!1e-~~-eIt-ei:es 26 ml!y--be-~er~rmee-I9Y-~fl-~~-ez.-the--c~-~-z.i:xi:ftg 27 -ehe-eelllpeftS8t!:eft-~~-l!~~wee-ier-sl:leh--C~~~_-ehe 28 DABjsesjCharter.rev September 13, 1990 42 - - . - - - o o 1 2 ge~v-ie-e--ee--~e~ -te--eucft-IlIt1.ft-i-cs..pe-l:--ee~~,-'L..-ltPP_Ye8 3 Ma~~-~~,--~89~,-aft~-9he~~-ee~-lt-~~~~e8-~-e~_~h 4 er8ifte~-~e-~~~~e8-~~-~he-~~E-sai8-~~~_Sltft 5 Bel!'ftltl!'e~fte.. - - -i~- -se!I.~ -eO'C- -ebe-l:-l:- -ee - allleft8e87- ew-~ ~ -l-ew--ee 6 9t1.~~e8-~~-~~s-&t6aar-~~ftg-~-~he-aeS6SSllleft~~8 7 ee~~ee~~ft~E-e~~y-~a~es-ey-ee~ft~y~EE~el!'9r-~he~ayel!'-afte-eelllllleft 8 eetl.fte'!i.~--she-l:-l:-~ftEel!'IlI-te--tlle--proy-i:-e-~~E-stl.el\-~-eO'C-~r 9 s~eh-iaw-~ft-~ -1;e-avaii--t-he--G-~~E-tl\e-'PriY.i.~-eg&-~-ha"'~ftg 10 ~~s-taKes- assessed -end-~~~eei;ee-eY-Stlefl-~~-<le!."9-.---S~el\ 11 el!'e~ftltftee9-sl\ail--teke-~-ect--:l:tnmed5.-e'ilei?~ -'l!fte-~"'1'taasa~ -aM 12 s h e~-l:- -fte-O- -ee- -gu-e; e-c-t:- -te- -'1.'P 1\ e-~ f e~~llIl1- __ -he~Moftb&i.o.l!'e 13 pre"'~eee... 14 See~~ft-ia~"'-~~~^ss6ee~-ltftl!-~aK-~~~~-__AE~e~ 15 ~he-tillle-&f-~-on--Ilfte.-E~l!'s~-Heft8aY-&f-~-~7-,->>_Eel!'_afty 16 eal:Sse--th~- sfte.i~ -ftet- -be- -i-ft- ~ei:'Oe- -afty- ~~ "'8Y&.t-l-ing- -~he 17 e~i;y-ef--tfle-'Pri'V':ii.~-of--heY:i-ng-+l!s- tan6e asssassa -aftli-ee~~ei;e8 18 ey - -t-he- -eEE i ee~ -e~ - tl\e- ~~- -end- -e~l!'~~ - tl\e- -M1lIe- -th'1a t -i;ftere 19 sfta~~-ee-fte-Stlefl-~flMlee-~~-s-i-on--!l:n-~,-'l!fte--e~-e~l!'k 20 9haii-~-e~-eEEi-ei-e-Asseese~7-~~-efti-eE-ef-~~e-e--she-l:-l:-_ee 21 e~-e~~~-&.J:.o.-'PaK-~-o-l:-l-ee~e~.,--tl-h6Y -sl\eii-~ r6B~~-i;he 22 e~i;i-es-afte-ftaYe-a~~-~fte-pewel!'s-pl!'esel!'~eee-ey-~aw~l!'~re~ftaftee_Ee~ 23 AsSes~-aft8-~-eeli~~--~~~-~he-~~_eve-ii.~~_~he 24 pr!:v-ii.-ege-~E-~-!:ts- taues-essess6a -eft&--co-l:-~eete&--by--~he 25 eel:Sftt~-e~E~ee~~--~fte-~s--of--e~~y-~sS6sse~-~_ei-t~~ltK 26 eeliee-t~-sl\aii-~-eK-i~.---~he-~l!'-aft8--t-he-~~-ee~fte~1 27 9fta~~-have-~--by-~r8~ftafteer-te-~~~-'l!fte--eeIlIpeftsa~~ft 28 DAB/ses/Charter.rev September 13, 1990 43 41 tL. _ - ~ IJ .1 o o 1 2 eE-~he-e~~y-ezep~,-wh~ze-ae~~~-ae-ex-eEE~e~-Aeeeesep-afte-eE-~he 3 eh~eE-eE-Pez~ee-wh~ze-ae~~~-ae-ex-eEE~e~-~ax-Gezzee~p_fep_e~eft 4 ext!!fe-~~ee~s-: ---'}lhe --t; alfsa -ee--:l..~ -afl.e--co-zzeet!ee--she-~~-be 5 a~~ep~~ftee-by-~he-~peae~pep-~-~he-eeYepaz-epee~E~-E~ftee~ 6 Section 133. Indebtedness for Municipal Improvement. 7 General obligation bonded indebtedness of the City for any 8 purpose for which the City is authorized to provide or for 9 carrying out any of the powers possessed by the City may be 10 incurred in the manner provided by the general laws of the State 11 of California at the time such proceedings are taken. The City 12 shall not incur any indebtedness evidenced by general obligation 13 bonds which shall in the aggregate exceed fifteen (15) percent of 14 the total assessed value for purposes of City taxation of all the 15 taxable real and personal property in the City. The City shall 16 not incur any bonded indebtedness constituting a general 17 obligation of the City unless such indebtedness is authorized by 18 the affirmative votes of not less than two-thirds (2/3) of those 19 electors voting on the question of incurring such indebtedness at 20 any election at which such questions is submitted to the electors 21 of the City. Notwithstanding any other provision or limit in 22 this Charter, bonds of the City payable solely from the revenues 23 of any revenue-producing improvement, building, system, plant 24 works, facilities or undertaking used for or useful in (a) the 25 producing, obtaining, conserving, treating, storing, 26 transmitting, distributing and supplying of water for domestic 27 use, irrigation, sanitation, industrial use, fire protection, 28 DAB/ses/Charter.rev September 13, 1990 44 1 J. JI . JU . o o 1 2 recreation or any other public or private use, and (b) the 3 collection, treatment or disposal of sewage, garbage, refuse 4 waste or storm water, including drainage, may be authorized and 5 issued in the manner provided by the general laws of the state of 6 California at the time such proceedings are taken. The issuance 7 of such revenue bonds must be authorized by the affirmative votes 8 of a maj ori ty of the electors voting upon the proposition of 9 their issuance at any election at which such question is 10 submitted to the electors of the City. 11 When two or more questions or propositions for the 12 incurring of general obligation bonded debt or for the issuance 13 of revenue bonds are submitted at the same election to the votes 14 cast for and against, each question or proposition shall be 15 counted separately. 16 Section 134. Sewer Service Charges. The Mayor and Common 17 Council shall levy charges for sewer service which, if so ordered 18 by the Mayor and Common Council, may be collected together with 19 or separately from charges for water service and all charges 20 received for sewer service and all other income and receipts 21 derived from the operations of the sewer system, including any 22 sewage treatment and effluent reclamation works, or arising from 23 the sewer system or said works shall be paid into the Sewer Fund. 24 Said charges shall be at least sufficient to pay the following 25 amounts in the order set forth: 26 (a) The necessary and reasonable maintenance and operation 27 costs of the sewer system, including any sewage treatment and 28 DAB/ses/Charter.rev September 13, 1990 45 J . . , II o o 1 2 effluent reclamation works (which include the reasonable expenses 3 of billing and collection of service charges, management, repair 4 and other expenses necessary to maintain and preserve the sewer 5 system and said works in good repair and working order); 6 (b) The principal and interest on bonds issued for sewer 7 purposes; 8 (c) Any payment specifically authorized or required by the 9 Mayor and Common Council in an ordinance or resolution providing 10 for the issuance of said bonds. 11 Section 135. Demands against City. The provisions of the 12 laws of the State of California relating to the processing of 13 demands and claims against the municipality, the establishment 14 and operation of funds and the transfer of revenue between funds 15 which apply to general law cities shall be applicable to and 16 given full force and effect in the City, provided that the Mayor 17 and Common Council are empowered to and may, by ordinance, 18 prescribe and provide for such matters and other matters directly 19 related thereto and such ordinance after its adoption shall 21 20 prevail over said provisions of the general law. Section 139. Valid Claims. No claim for commodities 22 furnished, or service performed, shall be valid unless prior to 23 furnishing such commodities, or the rendition of the service, 24 authority for the same had been given by the Common Council, or 25 some department of City government, having the authority so to 26 do. No member of the Common Council, or member of any 27 department, and no City officer, shall have power to create an 28 DAB/ses/Charter.rev September 13, 1990 46 . ". JIS: 4. JI.. . U \I" . o o 1 2 indebtedness against the City, or to furnish the basis of a claim 3 without said authority. 4 Section 140. Advertisement for Supplies, etc. The purchase 5 of any goods, equipment, materials, supplies or other personal 6 property, except purchases from other governments or governmental 7 agencies or as otherwise excepted by law, shall be made in the 8 manner prescribed by ordinance which shall provide that such 9 purchases or contracts for purchases where the amount therefor 10 equals or exceeds an amount fixed by such ordinance, shall be 11 open to competitive bidding and that the procedures for such 12 bidding shall include public advertisement therefor and an award 13 to the lowest and best bidder. The Mayor and Common Councilor 14 any board or officer advertising for sealed proposals hereunder 15 shall have the power to reject any and all bids and re-advertise 16 at their discretion. 17 Section 143. Special Funds. There is hereby created the 18 following specific funds, to wit: Library Fund, Sewer Fund, Water 19 Fund, and such other funds as may be designated by ordinance or 20 resolution duly passed by the Mayor and Common Council. 21 Section 146. Water Fund. All money received from the sale 22 or use of water shall be deposited into the Water Fund which 23 shall be kept separate and apart from other money of the City. 24 Out of the Water Fund shall be paid all warrants drawn thereon 25 duly authorized by the Board of Water Commissioners for the 26 defraying of expenses or maintenance and repairs and operation of 27 the water system, and for any expenses for additions to the same; 28 DAB/ses/Charter.rev September 13, 1990 47 11 . .. . - .. () o 1 2 and for supplying the City with water for any and all purposes; 3 except that the Mayor and Common Council may, in its discretion, 4 monthly transfer from the Water Fund to the General Fund, not 5 more than ten percent (lOt) of the revenues deposited into the 6 Water Fund during the preceding month, and except that the Mayor 7 and Common Council may, in its discretion, monthly transfer from 8 the Water Fund to the proper Bond Fund, an amount of money equal 9 to one-twelfth (1/12) of the amount which will become due and 10 payable during the current year for interest on principal, or for 11 interest and principal, upon any or all outstanding Water Works 12 Bonds. 13 Section 148. Library Fund. Out of the Library Fund shall be 14 paid all warrants drawn thereon duly authorized by the Board of 15 Library Trustees. 16 Section 149. Sewer Fund. Out of the Sewer Fund shall be 17 paid: 18 (a) The necessary and reasonable maintenance and operation 19 costs of the sewer system, including any sewage treatment and 20 effluent reclamation works, which include the reasonable expenses 21 of billing and collection of sewer charges, management, repair, 22 and other expenses necessary to maintain and preserve the sewer 23 system and said works in good repair and working order; 24 (b) The principal and interest of bonds issued for sewer 25 purposes; 26 (c) Any payments specifically authorized or required by 27 the Mayor and Common Council in any ordinance or resolution 28 DAB/ses/Charter.rev September 13, 1990 48 . -....... . 1 .. () o 1 2 providing for the issuance of said bonds; 3 (d) Amounts, as the Mayor and Common Council may direct, 4 for the payment of the costs of extensions and improvements of or 5 addi tions to the sewer system and said works or for any other 6 sewer purposes. 7 8 9 Article IX 10 Water Department 11 12 13 Section 160. Water Commissioners - Term of Office- Qualifications - Duties. There is hereby created a board 14 consisting of five members which shall be known as the Board of 15 Water Commissioners. Members of such Board shall be appointed by 16 the Mayor, subject to the confirmation of the Common Council. 17 The term of office of each commissioner shall be six years; 18 provided, however, that on or after twelve o'clock noon on the 19 second Monday in May, 1935, one member of the Board shall then be 20 appointed for a term of six years; that on or after twelve 21 o'clock noon on the second Monday of May, 1937, one member of 22 such Board shall be appointed for a term of two years, and one 23 member shall be appointed for a term of six years; and 24 thereafter, on or after twelve o'clock noon on the second Monday 25 of May of each odd numbered year, one member of the Board shall 26 be appointed for a term of six years; provided further that on or 27 after twelve o'clock noon on the second Monday of May, 1971, two 28 DAB/ses/Charter.rev September 13, 1990 49 ... .... II . () o 1 2 members of the Board shall be appointed, one for a one-year term 3 and one for a three-year term, commencing on the second Monday of 4 May, 1972, and of May, 1974, and for every six years thereafter. 5 Any member of the Board may be removed at any time by the 6 affirmative vote of five Councilmen, and upon any such removal, 7 the vacancy shall be filled by the Mayor, with the consent of the 8 Common Council, for the unexpired term. No person shall be 9 eligible to appointment as a member of said Board unless he shall 10 have been a qualified elector of said City for the period of five 11 (5) years next preceding the date of his appointment. 12 The Board of Water Commissioners shall perform the duties 13 and responsibilities prescribed in this Charter and shall perform 14 such other duties and responsibilities as are or may be 15 prescribed or delegated by the Mayor and Common Council with the 16 concurrence of the Board. 17 Section 161. Oath of Office. Before entering upon the 18 duties of his office, each member of the Board of Water 19 Commissioners shall make and subscribe before some officer 20 authorized by law to certify oaths, the same oath of office 21 required of other City officers. 22 Section 162. President - Inventory of Property. The first 23 Board of Water Commissioners appointed hereunder shall, within 24 one week after their confirmation by the Common Council, and 25 thereafter their successors shall biennially, meet and organize 26 by the election of one of their number as president. And said 27 Board shall, within a reasonable time thereafter, not to exceed 28 DAB/ses/Charter.rev September 13, 1990 50 ., ...... . 4- () o 1 2 thirty (30) days, make an inventory of all the property of the 3 City pertaining to the Water Department that is on hand and in 4 use, consisting of lands, reservoirs, conduits, rights of way, 5 pipes, pipe lines, hydrants, gates, engines, pumps, tools, wells 6 and private water service connection, and shall estimate the 7 value of all such property to determine the whole amount the City 8 has invested in its water system; and shall enter said inventory, 9 together with such estimates, in a record book to be kept by said 10 Commission, and shall therein keep a record of all property 11 belonging to the water service for the City, afterwards acquired, 12 together with a record and account of the disposition of any 13 property of said department which has been, or may be sold, lost, 14 destroyed or worn out. 15 Section 163. Powers. The Board of Water Commissioners is 16 hereby authorized and empowered: 17 1. To establish and collect all water rates, collect all 18 rentals from water bearing lands and generally regulate, control, 19 manage, renew, repair and extend the entire water system of the 20 City; 21 2. To employ such persons as the necessities of the water 22 service may require, to fix and payout of the Water Fund the 23 compensation of any and all employees in said water service and 24 to require of any employee in the Water Department an adequate 25 bond for the faithful performance of his duties; 26 3. Upon the order of and in the manner directed by the 27 Mayor and Common Council to generally regulate, control, manage, 28 DAB/ses/Charter.rev September 13, 1990 51 . ...... - . o o 1 2 renew, repair and extend the City waste water treatment (sewage 3 disposal) plants and that portion of the outfall sewer lines 4 extending from Mill and "E" streets to said plants, and if so 5 ordered by the Mayor and Common Council to pay all costs and 6 expenses in connection therewith from the Water Fund; 7 4. To incur any indebtedness or liability not exceeding 8 in any year the income and revenue provided for such year, 9 subject to the debt limitation provisions of the Constitution of 10 the State of California; 11 5. To make rules and regulations governing the conduct of 12 said Board and the members thereof. 13 Section 164. Sale and use of water. The Board shall have 14 power to control and order the expenditure of all money received 15 from sale or use of water, except as provided in Section 146. fer 16 -e 1\ e- -de f ~i-ft!J-~ - e-K-pe-ftse-e- -er-1'lttt':kft<t-enenee- -eftd- _epai fl!I--eft!! 17 epera-ei,eft-e~--ehe-wa-eer-sys-eemr-afte-fer-afty-e2peft&es-fer_aee:k-ei,eftS 18 -ee-tl\e-~-~-fer-s~ppiYiftg-~~~-W:k-eh-water-~~_aft8 19 al-l- -p~rpesest - flflW,ifl.ed.-.otftat:- -eH.--such- -money- -eb&l-l- -be ~i-~-:kft 20 -ehe-treas~ry-~-~~-bo---ehe-ere8it-~--e-~-eo--be-~_as 21 ~he-water-~-~-eb&l-l--ee-kept-5epare<te-~~ ~-e-eher 22 meftey!t-ef-<tfte-<<<by;-~-eb&l-l--eftl-y-ee-e~'lffl-~~-EImd_ltpeft 23 eemafl~~-eheft<t,i~-ey-~-si!JfI~-ef-~_Pres,i~_aft8 24 Seeretary- '6t'- -'4me- -Beare. r - er- -ifl- -'4me- -aeseftee - ef-~ Presidenoe-,--ey 25 -ehe-~~-eltres-~--ewe-~~--efte-seeretary-'6t'--'4me-_Beare, 26 elteefl'!;- ...oeft.l!t-e - tl\e- €~ -C-ounOO:-l- -Rlay r - ift- -i.ot-e- ~:torr,- _ft-eh~y 27 -eraftsfer-~-'4me--Wa-eer-F~ft8-~-'4me--Geftera~-F~ft8_~~_-ehaft 28 DAB/ses/Charter.rev September 13, 1990 52 . . ~ . &. . o o 1 2 -eeft -~ereeftt-~ -ie-%i-ef--t-he-~-of--t-he- watel!'-~a-l!'-~-eltP:k~ 3 -efte-~peeee~ft~-meft-eft,-afte-eReep-e--efta-e--efte-Mayep-afte-eemmeft-eeltfte~i 4 llIal", - ift- ~-tle- -d-~,- -ffleft-eftl-l" -traftsfer- ~!FetlI- -t-he- ~~a 'be!."- -i"uOO---ee 5 -efte- ~p - Beftd- -~fte - '6fl- -enteltft t- -of- -llIeftey- -equei- ~ -ePle-wel-i'-eft 6 ~l-fl-~T-ei'--efte-a1lleltft-e-wft:keft-w:kl-l--beeellle-elte-afte-~al"abl:-e-eltP~~--efte 7 el:trreft't- -reap - ~~ -~ft-eere-s-t- -o-r- - ~f~'fiC-i-pit"}o, - ~ 4o-P - i ft.ot:-er as'll -aM 8 ~p:kfte:k~al-,-l:tpeft-aftl"-ep-al-l--elt-e9-eafte~ft~-Wa-eep-Wep~9-8efte9~ 9 Section 165. Receipts and Disbursements of Water Funds. 10 Said Board shall cause to be kept in proper books provided 11 therefor, a complete and accurate account of all the receipts and 12 disbursements on account of said water system, and the same shall 13 be kept open to the inspection of the public at any and all 14 reasonable hours. 15 Section 166. Map of Water System and Service. Said Board 16 appointed hereunder shall within a reasonable time after their 17 appointment, cause to be made and drafted by a competent engineer 18 a suitable map showing the entire water system of the City: its 19 source of supply, reservoirs, mains, gates,'stop-off clocks, size 20 of pipe, hydrants and all individual water service connections, 21 said map to be the official map of the water system of the City. 22 And from time to time, as the water service of the City 23 increases, said Board shall cause to be made additional maps 24 showing in detail the increased water service of the City. 25 Section 167. Financial Condition of Water Department, etc. 26 Not less than thirty (30) days, nor more than forty (40) 27 days, prior to the fixing of the general tax levy by the Common 28 DAB/ses/Charter.rev September 13, 1990 53 . w ~ . J ~ o o 1 2 Council, and at any other time when required by the Common 3 Council, said Board shall make and file with the Clerk of said 4 Common Council a report, showing a full detailed statement of the 5 financial condition of the Water Department, together with an 6 estimate of the needs and requirements of said department for the 7 ensuing year and the costs thereof. And whenever required by the 8 Common Council, said Board shall make and file with the Clerk of 9 said Common Council, a full and detailed statement of all 10 property of whatsoever nature or kind belonging to said Water 11 Department. 12 Section 168. City Clerk ex-officio Secretary. The City 13 Clerk shall be ex-officio Secretary of said Board, and shall keep 14 a record of the proceedings thereof: and shall, whenever required 15 so to do, certify such proceedings under his or her hand, the 16 same to be authenticated by seal, if a seal is adopted and 17 provided by said Board for that purpose. 18 Section 169. Meetings. The Board shall hold regular stated 19 meetings at the City Hall at least twice in each month, and as 20 often as the necessities of the Water Department require. 21 Section 170. Compensation of Members. The members of said 22 Board shall each receive a salary as compensation for his 23 services, payable out of the Water Fund of the City, as follows: 24 The President, three hundred dollars ($300.00) a year, and each 25 of the other members, one hundred fifty dollars ($150.00) a year. 26 Section 171. Ordinance to Enforce Rules. It shall be the 27 duty of the Mayor and Common Council to pass such ordinances as 28 DAB/ses/Charter.rev September 13, 1990 54 . - o o 1 2 may be necessary to enforce the rules and regulations of said 3 Board of Water Commissioners. 4 5 6 Article X 7 Police and Fire Departments 8 9 Section 180. Powers of Mayor and Common Council. The 10 pOlice and fire departments shall be under the control and 11 management of the Mayor and COmmon Council who shall have power 12 F%RS~~-to fix and prescribe the salaries, qualifications, duties, 13 rank, badges of office and uniforms of the officers, members and 14 employees of said departments; to prescribe rules and regulations 15 for the government and discipline of the same, and to prescribe 16 and enforce penalties for violations thereof; subject to the 17 Civil ~ervice proviSions of this Charter. 18 SSS9N9 ~ - 'i'e- -hear- -end- -ltttltllllltr;U.Y' - E1e4!;e_il'le- ti-,i- -comp-~-ei 19 m~lteeftEl~~,-il'leiiieiel'leY-~~~~~-eE-~~~es_~~~-eha~es 20 ~lt~ftlt~-aI'lY-&fiiee~-1IlElIIIbM--~~~_;kd-~ar~;_ltftEl 21 ~e-~~-lt~eh-~~ft-4!;he~eel'l-~~~~-ee-mes4!;_~~~_~he 22 mltil'l~~-aI'lEl-~~~-ltftEl-eiiieiel'leY-~~-ee~ar~ft~lt7 23 lt~eiee~-4!;e-~~~~-lteJ!'Y~e-~~evisieI'lS-&f-~~~~~r_~_lt%~ 24 ~l'lve1!l<<~~fts 7-~--e-J!'~a~1!l--ooft<!~e4!;eEl- -by--~hem7--bbey-~~~-hlt\Oe 25 pewer-~-~ltlt~e-lt~epeeftalt-Eer-~he-lt~~eftElltftee-eE-w~~ftesltes,_ltl'lEl_~he 26 ~reEl~e<<-on--ei-~-end--Elee_eft~lt -eeie~e-~~-lt~e~ftlts 27 shlt%%-ee-M~-by-~-Mayer,-er-e'tfte~_ presi-di"flg-~-M--~he 28 DAB/ses/Charter.rev September 13, 1990 55 Jl - o o 1 2 eetlfte'!!.-i,-_ftlil-~-es-~~~-l-_;--ift_ case ~-!ttt1!tpeeftltS 3 ~rem-~-Stlpe~~-eetlr~,-~-t~~~P~~~~lt~e-e~-~~~_a 4 ett1!tpeeftlt-1!ty-~~~-eftltl-l--ee-~~-~~-~~_~lt~l-ttPe7 5 er-Pe~tt!tltl--~-lt~~eftlil-lt!t-r~tt~Pelil-1!ty-etteft-ett1!tpeeftlt!t;--~he_per!teft;-er 6 pereefte;--Se-M~ef'ltl.4.f'l1l'-'Sb6.,H.-~~-'llo--ene- same "1:'eftlt">>~-ltftlil 7 ptlftis~-ey-~-eetlf'le'!!.-i-_e-e~~pe!ter~1!telil-1!tY--i~~_l-~~e 8 e~ i eft5-eS- -i-ft - S1tpeS!'iO!."- -eettr~e... - -"'i'he-~,- -er - efty-1lIeIIlbe!:'- ~-~fte 9 eettfte~l-;-~lty-ltlilm~ft~e~er-elt~ft!t;--er-lt~~~rmlt~~fte;--i-ft-~he-ee!l:liltte~-ei 10 etteh-~ftYee~~lt~~fteT 11 'PHI RB-i-~-meiftteift--e-~~-ltl-ltrm-eftEl-1)&.H.~.-ee.~,_-er 12 ~e:i:e~-~~ltft~e;--er-~--ene--elt1lle;--eftEl--bo-~_1;fte 13 ettper~ft~ftlileft~-theree~-~~-~~lt!l:!l:er-es-~~~_~he 14 pel-~-ltfte-~~re-liIepltP~meft~eT 15 Section 181. Police Department - Membership. The Police 16 Department.sha11 consist of a Chief of POlice, and such other 17 pOlice officers ltfte-ether-~~~en and employees as the Mayor 18 and Common Council may from time to time determine. 19 Section 182. Chief of Police - Duties. The Mayor shall 20 appoint a Chief of Police, subject to the approval of the Common 21 Council. The Chief of Police shall have the powers and duties 22 that are now or that may hereafter be conferred upon chiefs of 23 pOlice by the laws of the State, and such powers and duties shall 24 in all respects be promptly executed by pOlice officers and 25 authorized personnel in the Police Department. The Chief of 26 Police shall enforce the laws of the State and the Ordinances of 27 said City, and shall arrest all persons guilty of violations of 28 DAB/ses/Charter.rev September 13, 1990 56 . j - ] ~ o o 1 2 the same. He shall also have charge of the City prison, if one 3 is in existence, of all prisoners and of all those who are 4 sentenced to labor upon the public streets, public works or other 5 places of said City and shall execute and enforce all orders and 6 sentences in reference thereto; and shall perform such other 7 duties as may be prescribed by the Mayor and Common Council. 8 Section 183. Fire Department - Membership. The Fire 9 Department shall consist of a Fire Chief S~~fteer and as many 10 assistants, er~Yers, fteeemeft fire fighters and other employees as 11 the Mayor and Council may determine. 12 Section 184. Supervision of Mayor and Council over Funds, 13 etc. Said Mayor and Common Council shall supervise and possess 14 power and authority over all the funds, moneys and appropriations 15 for the use of the Police and Fire Department~, also the 16 organization, government and discipline of said departments, and 17 shall have control of all the property and equipments belonging 18 to the same. 19 Section 185. Power to make Rules and Regulations. Said 20 Mayor and Common Council shall have power to make all necessary 21 rules and regulations to carry into execution and effect the 22 foregoing powers contained in this Article, and in general to 23 manage and control said departments. 24 Section 186. Salaries. There is hereby established for the 25 City of San Bernardino a basic standard for fixing salaries, 26 classifications, and working conditions of the employees of the 27 Police and Fire Departments of the City of San Bernardino, and 28 DAB/ses/Charter.rev September 13, 1990 57 . 4. - o o 1 2 the Mayor and the Common Council in exercising the powers and 3 control over these departments vested in them by this Charter 4 shall hereafter be guided and limited by the following 5 provisions: 6 FIRST: Classification 7 The following classes of positions are hereby created in 8 the Fire Department and Police Department of the City of San 9 Bernardino, and the code numbers, titles, and salaries as 10 hereinafter set forth are hereby established and fixed for such 11 classes of positions. The letter "P represents "Position" and 12 the five steps in Positions 1, 2 and 3 are being represented by 13 the letters "a", "b", "c", "d" and "e" are: "a" designating the 14 first six months of service in the respective departments, "b" 15 designating the following eighteen months of service in the 16 respective departments, "c" designating the third year of service 17 in the respective departments, "d" designating the fourth year 18 of service in the respective departments, and "e" designating the 19 fifth and all subsequent years of service. Advancements in 20 salary shall be made automatically step by step after each step 21 of aggregate active service in the department in which the member 22 is employed. Each person employed in the Fire Department and 23 Police Department shall be entitled to receive for his services 24 in his position the applicable respective rate or rates of 25 compensation prescribed for the class in which his position is 26 allocated. Additional titles may be established by the Mayor and 27 Common Council, but only titles for Local Safety members of the 28 DAB/ses/Charter.rev September 13, 1990 58 j ..J - 2 Police and Fire Departments shall be placed in one of the 1 - 3 following classifications having the most nearly equal duties and o o 4 responsibilities. Local Safety members of the Police and Fire 8 Government Code or amendments thereto. 9 Class of Position 10 Title 11 12 Classification Number Fire Department 1 5 Departments shall mean any local pOliceman or local r*remeft 6 firefiqhters as defined under the provisions of the Public 7 Employees Retirement System Law as specified in the California 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 Pl (Steps a,b,c, d,e) F~remeft Firefighters, Battalion Chief Aide 14 P2 (Steps a,b,c, d,e) F~_-P_".eft-e*eft l-ft8pee~rl!l Fire Investiqators- P3 (Steps a,b,c, d,e) Engineers P4 eap-ea~ft8,-A88~8-eaftt F~_-PreYeft-e*eft B~~fteer Captain P5 Battalion Chiefs, 9r~~~~as-eer,-F~re p_yeft-e*eft-B~~fteer P6 A88~s-eaftt Deputy Chief P7 Chief SECOND: Basic Salary Schedule Police Department Pa-erel:1ltaft, Pel,!eewelftaft Police Officer Juvenile Officer, Detective, Senior Identification Inspector Sergeants Lieutenants Captains, Superintendent of Records and Identification Assistant Chief Chief (a) The monthly salaries of Local Safety members of the San Bernardino Police and Fire Departments included in DAB/ses/Charter.rev September 13, 1990 59 . [ . o q 1 2 classifications PI, P2, P3 steps "a" and "E" of P4, P5, P6 and P7 3 shall be fixed on August 1, 1976, for the balance of the current 4 fiscal year and, thereafter, annually on August 1 of each 5 succeeding year at the amount equal to the arithmetic average of 6 the monthly salaries, paid or approved for payment to Local 7 Safety members of like or most nearly comparable positions of the 8 pOlice and fire departments of ten cities of California with 9 populations of between 100,000 and 250,000 as shown in the latest 10 Annual Report of Financial Transactions of California Cities 11 published by the State Controller. 12 (b) The ten cities used for fixing the monthly salaries 13 shall be those ten cities remaining from an original and complete 14 list of all California cities in the 100,000 to 250,000 15 population range based on the latest Annual Report of Financial 16 Transactions of California Cities, published by the State 17 Controller after representatives of the City and the appropriate 18 recognized employee organization have alternately struck the 19 names of cities from the list one at a time until the names of 20 ten cities remain. The representatives to strike the first name 21 from the list shall be determined by lot. 22 (c) In the event one or more of the ten cities does not 23 have one or more of the comparable position classifications, the 24 monthly salary for the particular classification, shall be 25 computed as the arithmetic average of the next highest and next 26 lowest comparable position classification of that City. 27 28 / / / DAB/ses/Charter.rev September 13, 1990 60 G () 1 2 (d) The salaries paid in step "a" shall be the same as the 3 arithmetic average of the starting salaries of the comparable 4 posi tions in the ten cities and the salaries paid in step "e" 5 shall be the same as the average of the top salaries paid in the 6 comparable positions in the ten cities. The salaries paid in 7 steps "b", "c" and "d" shall be fixed at amounts which will cause 8 the Local Safety members of the San Bernardino Police and Fire 9 Department to advance from the starting steps to the maximum pay 10 steps in approximately equal salary advances. 11 THIRD: Special Salary Provisions 12 The following special provisions shall apply in addition to 13 the compensation received in accordance with the above salary 14 positions: 15 (a) Police Department: Each police officer assigned to 16 traffic enforcement duties on a motorcycle shall be paid when 17 performing such duties during the period of assignment at the 18 rate of not less than fifty dollars per month in addition to the 20 19 pay step to which he is entitled as extra-hazard pay for motorcycle duty. The Police Chief shall certify monthly as to 21 the assignment and the period of time worked to validate 23 22 entitlement to the extra-hazard pay. (b) Police and Fire Departments: Any Local Safety member 24 of the Fire and Policy Departments temporarily acting in a 25 posi tion in a higher rank during periods of absence of the 26 incumbent or during a vacancy in the position for more than ten 27 (10) consecutive working days or five consecutive shifts, shall 28 DAB/ses/Charter.rev September 13, 1990 61 - G o 1 2 receive the same salary for the higher rank to which he would be 3 entitled, were he promoted to that rank during the period in 4 which the employee is acting in the higher rank. The Chief of 5 the department in which the assignment to the higher rank occurs 6 shall certify as to the assignment and the period of time worked 7 in the higher rank to validate entitlement to the salary of the 8 higher rank. 9 (c) Fire Department - Paramedics. The Mayor and Common 10 Council may authorize additional salary to be paid to local 11 safety members of the Fire Department, assigned to duty as 12 paramedics, during the period of such assignment. 13 14 (d) Fire and Police Departments - Education/Longevity Incentive Pay. The Mayor and Common Council may authorize 15 additional salary to be paid to local safety members of the 16 Police Department and the Fire Department who have completed 17 educational or longevity requirements specified by the Mayor and 18 Common Council. 19 20 21 22 23 24 25 26 27 28 (e) Fire Department - Overtime pay. (1) All employees (below rank of Battalion Chief) assigned to average 56 hours per week assignment shall be compensated at an hourly rate of time and one-half (1 1/2) their regular hourly rate of base pay, such compensation to be computed for each one quarter (1/4) hour increment worked in excess of their average 56 hour weekly assignment. DAB/ses/Charter.rev September 13, 1990 62 13 - ,0 o 1 2 (2) All employees (below the rank of Battalion Chief) 3 working on a 40 hour per week assignment shall be 4 compensated at an hourly rate of time and one- 5 half (1 1/2) their regular hourly rate of base 6 pay, such compensation to be computed for each 30 7 minutes increment worked in excess of their 8 regular eight (8) hour per day assignment of 9 their 80 hours assignment during each pay period. 10 SIXTH: Definitions 11 The words and terms defined in this subsection shall have 12 the fOllowing meanings in this section: (a) "Shift" means a 24-hour duty for the Fire Department, 14 except for the positions of Fire Chief, 1r!t!t~!t-eaftt Deputy Chief 15 and local safety members working in the Fire Prevention Bureau, 16 and such other local safety positions as may hereafter be granted 17 a forty (40) hour average work week by resolution of the Common 18 Council. 19 20 21 22 23 24 Article XI School Districts Section 190. Definition. The San Bernardino City Unified 25 School District, as such term is used by this charter, shall mean 26 and include all of the public schools of said District. 27 28 / / / DAB/ses/Charter.rev September 13, 1990 63 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 J D o Board of Education Section 191. Members. The Board of Education of the San Bernardino City Unified School District shall consist of seven members who shall be residents of the Unified School District or in the event trustee areas are established in said District, of such trustee areas. The Board of Education shall have all the powers and duties now or hereafter prescribed by the Education Code of the State of California for such board. Board of Education: Term, Election Section 192. Terms of office - Election. The terms of office and the election of the members of the Board of Education shall be in accordance with and pursuant to the provisions of the Education Code of the State of California relating to governing boards of such school districts. Vacancies Section 193. How filled. Vacancies in the office of members of the Board of Education shall be filled by the remaining members of the Board at the next regular meeting after such vacancy occurs. The member so appointed shall hold such office for the unexpired term of his predecessor. / / / DAB/ses/Charter.rev September 13, 1990 64 . - o o 1 2 Section 194. Meetings. The Board of Education shall enter 3 upon the discharge of their duties on the second Monday in May 4 after their election, and the Board shall meet upon said date and 5 organize by electing one of their number president and biennially 6 thereafter. They shall hold regular meetings at least once each 7 month at such place and time as may be designated by its rules. 8 Special meetings may be called by the President, or by any three 9 members. No business shall be transacted at such special 10 meetings that has not been distinctly stated in the call. A 11 majority of the members shall constitute a quorum, but an 12 affirmative vote of three members shall be necessary to pass an 13 order. The sessions of the Board shall be public and its minutes 14 open to public inspection. The Board may determine the rules of 15 its proceedings and the ayes and noes shall be taken and recorded 16 when demanded, and they shall be taken and recorded on all 17 questions involving elections, or appointments, or the 18 expenditure of money. 19 Section 200. Filing of Claims. All claims payable out of 20 the School Fund shall be filed with the Secretary of the Board 21 and, before payment, shall be approved by said Board upon a call 22 of ayes and noes which shall be recorded 23 24 25 26 27 28 / / / / / / / / / / / / / / / DAB/ses/Charter.rev September 13, 1990 65 () o 1 2 Article XII 3 4 Free Public Library 5 6 Section 205. Trustees - Terms. The Free Public Library 7 shall be under the management of a Board of five Trustees who 8 shall be appointed by the Mayor subject to the approval of the 9 Common Council; provided, that the ~~re~-Beare-e~-~r~s~ees-~fteer 10 ~ft~e-eftar~er-efta~~-~ake~~~~ee~ft-~fte-eeeefte-Meftea~~~~a~r_~~9S, 11 afte-~~~-a~-their-~~~~ee~~-ee-ei8ssi~y-~e81~~_be~ 12 ~ ft e.-b- -~ hr-ee- -e~- -'l!-ftei~ -ft~llI~ -she.-i-i-"1JO - et!'b- ~~ - ~ - e.-b-~ 13 e]fp~ra~~ft~~-~_-~arer-aM-~_-a~-~fte-e]fp~ra~~ft-e~_~ltr_~aret 14 e~fterw~ee-~fteir term of three of the Trustees shall commence on 15 the first Tuesday after the first Monday of June in 1993 and the 16 term of two of the Trustees shall commence on the first Tuesday 17 18 after the first Monday of June in 1991. The term of office of the Trustees shall be four years. On the eeeefte-Meftde.y-~'ft--Mey 19 first Tuesday after the first Monday in June succeeding every 20 General Municipal Election, the Board shall organize by choosing 21 one of their number President. They shall also elect some 22 suitable person as Secretary who shall act and hold office at the 24 23 pleasure of the Board. Section 206. Trustees - No compensation. The position of 25 Trustees shall be one of honorary trust without salary, or 26 compensation, and all appointments made by them shall be made 27 28 without regard to pOlitics, and irrespective of sex. Said DAB/ses/Charter.rev September 13, 1990 66 -4 o o 1 2 Library Trustees shall not be less than twenty-five (25) years of 3 age, and must have been residents of said City at least five 4 years prior to their appointment. 5 Seet~~-~~r-~~-~e~~---~fte-Meyer-~~-ee~fte~i 6 eftei-i- -&tl--1!fte-~e1!-e-f'--1!fte- B~-er -~e-~ft-"1IIah~-1!fte 7 aAA~e-i-~~-ie~~--aft8-e~~ar1!-~,-~evy-e-~~~_efta~i 8 pr&d-uc-e --&--IlI i A,,:i:mUIlt -e~-ei--&tl- -iee'5-'b-~e-~ftl!l--d&.l:-l-e-rs 9 ~$~;G99rG9t-ier-~~~-er-Meiftteiftiftg-~~~~~_rer 10 p~reftae~ft~-bee~e,-je~rfta~e-aft8-per~8~ea~er 11 Section 208. Donations - Bequests. If payment into the 12 treasury of money or property derived by donations or bequest 13 would be inconsistent with the conditions, terms of any such 14 donations, or bequest, said Board shall provide for the safety 15 and preservation of the same, and the application thereof to the 16 use of said Library in accordance with the terms and conditions 18 17 of such donation or bequest. Section 209. 19 title to all property, real and personal, now owned or hereafter Title to Real and Personal Property. The 20 acquired by purchase, donation or bequest, or otherwise, for the 21 purpose, or use of said Library, when not inconsistent with the 22 terms of its acquisition, shall vest and be and remain in said 23 Ci ty. aftl!l-iA-'tfte-'fiMle-~_~-G~1!Y'-MeY-l!le--st!ed--fl>r-~_de~eudal! 24 eY'-ae1!~ft-a1!-~aw,-er-e1!fterw~eer 25 Section 210. Meetings. The Board shall meet at least once 26 each month and a majority shall constitute a quorum for the 27 transaction of business, but a less number may adjourn from time 28 DAB/ses/Charter.rev September 13, 1990 67 - ] o ~ v 1 2 to time. It shall elect a Librarian and such assistants as may 3 be necessary. The Secretary shall keep a full account of all 4 property, money, receipts and expenditures and a record of all 5 its proceedings. The Secretary must serve without compensation. 6 Section 211. Powers of Board. The Board shall have power: 7 FIRST: To make and enforce all rules, regulations and by- 8 laws necessary for the administration, government, and protection 9 of said Library and all property belonging thereto, or that may 10 be loaned thereto. 11 SECOND: To administer any trust declared, or created for 12 such Library and reading rooms; 13 THIRD: To define the powers and prescribe the duties of all 14 officers, to determine the number of, and elect all necessary 15 subordinate officers and assistants, and at their pleasure to 16 remove any such officer or assistant, subject to the civil 17 service provisions of this Charter. 18 FOURTH: To purchase necessary books, journals, publications 19 and other personal property; 20 FIFTH: To fix salaries of the Librarian and assistants, and 21 other employees; to rent and equip such building or buildings, 22 room or rooms as may be necessary for such Library or reading 23 rooms; 24 SIXTH: To allow non-residents to borrow books upon such 25 conditions as the Board may prescribe; 26 SEVENTH: To provide memorial tablets and niches or other 27 means to perpetuate the memory of any person who makes donations 28 DAB/ses/Charter.rev September 13, 1990 68 19 20 21 22 , - o c 1 2 or bequests to the Public Library; 3 EIGHTH: To do all that may be necessary to carry into 4 effect the provisions of this Charter with reference to said 5 Library and reading rooms. 6 Section 212. Reports. Said Board on or before the third 7 Monday in July of each year, shall make a report to the Mayor and 8 Common Council giving the condition of its trust, with full 9 statement of all property and money received, whence derived, how 10 used and expended, the number of books, journals and other 11 publications on hand, the number added by purchase, give or 12 otherwise, during the next preceding fiscal year, the number lost 13 or missing, the number and character of those loaned, and such 14 other statistics, information and suggestions as may be of 15 general interest, and also a financial report showing all 16 receipts and disbursements, with particulars thereof, and the 17 names of all employees and the salaries paid to each. 18 1rl!'-ei-e}.e-Ji~~-A Pl!tl!'~-aftd-Reerel!t-ei-eft-eelllllli:e8i-eft 23 Seet~en--2-}.~"-~---~-<n--e~~i-ee"__~~_here"y 24 erea-eee -8- l' ar~ -end- -Reerea-ei-eft - e:ellllll~ss~eft-~19'M~ -of- ...-..iRe- -~9~ 25 memeel!'e-wheee--eerme-e~-e~~i:ee-eha}'}'-"e-~~l!'-yel!tl!'eT 26 Seet~en--2-}'4 ..-:A~.---r:aeft--c~-i.1IIen--eb&l-l--appei:ftt 27 efte-~~8i:efte~~8e-~~-eftaii-~i:ftei:ae-~~_tfte~_-<n-_-efte 28 DAB/Ses/Charter.rev September 13, 1990 69 l o """\ V 1 2 aJ:l~~ !i:ft-g--ee\:1-nc-~rIll81'l.--end -~fl.-e- -M&Y'er--shft.~r -e~-~W&-+2--t 3 eellllll,!. 5M~ - -one- -er -whelll- .sbe-:H.--i:n4<ll:ie-H-y- -have - 8- -tlw& +~)- -year 4 ~erlll-~~~~~-~he-~erlll-~~~a:rer-8I'l.e-~~_ehari 5 have-a-re~P-r4~-Y'eap-~erlll-eemmel'l.e~~-eI'l.-~he-8eeel'l.a~l'l.eaY'-er-MaY', 6 1-9&9..--'I'fl.eree~<t;ef;- 88Cb-oMeyor--end- eaCh~..-C~~1fIteft-,-""UpI3ft-a88_~1'l!J 7 err~e,-8harr-aJ:lpe~I'l.~-el'l.e-mellleep-~-~he-eemm~88iel'l.-rep_a_re~p_r4-t 8 Y'ear-~erlll"'--MY-_ee.~~~~-eny- reason--sfte.~~-ee.-r~rree 9 ~1'l.-~he-eallle-mal'l.l'l.ep-a8-~he-er~~ftar-aJ:lpe~I'l.~llIel'l.~... 10 See~~I'l.-2-1-S..-Relllevar-rrem-err~ee..--eemm~ee~l'l.ere-eharr_here 11 erfie-e-~p-8-~-ef-~-r4~Y'eap8-8I'l.a-~~-~_8~eee8eer5 12 have - eeeft- e~ft<t;ea- -end- -qu&i.,t-<<.~.- - -C-ct1lll\-issiOflei!'9- -sfte.~~ _PV'e -at 13 ~he-'P'i_pe-~~-eIlPos"fril-!~-oH~-al'l.e-e.I'l.Y-1lleIIlbM>-~_8aM 14 par~-eftd-Reeree~ieft-€emmi~~,!.eft-me~~~~-eny-~~~_~he 15 ar f i r~ -v&t-e- -er - ~.s..Ye- - r 5-t - -ooufte ~ illleft-; - -ltl'l.e - -upon- -efty-_h 16 pelltOYe-r,--'bfte-~l'l.ey--shft.B"-ee--+i-rree-~-efer8said -f~~ 17 ~l'l.e]fJ:l~pea-~rIlI... 18 See~'!'1!)f)- -2-1-&.. - Ne- -EloI\lpeflsat,!.1!)f)- - ~ee~~~e ..-- .lJ1be-~-ef 19 ~ h-e--p~ -1!tf1'd- - R~ e <t;.,t-()fto -€-()t\tfIt~ SM-()fto-~r i--e-e-rve- -w 2: <t;-bou-~ 20 eeIllPeftsat-!~---~ee~a~rY'-8fter-~~-end-~~ar~r~a~~ft, 21 ee'!'-d--ee~l!t2:1!)f)--8he~-i--er!:l'eft'!''Ze--&Y'-ti~~_~~_8Il1eft~~S 22 llIe1l1eerl!th~p-a-eha~rlllaft-al'l.a-a-Seere~arY'..--Reg~rar-mee~~~l!t_8harr-ee 23 here-a~-rea8~-el'l.ee-a-mel'l.~h... 24 See~'!'1!)f)--2-1-~"-~--'---'Phe-P8rk--end- Reorea1l~.. OOllllll~88ieft 25 eharri" 26 ra-t "'et-.,t-n--al'l.-e-dvi9()Py-e~-~e--tme-_Hey~"'8ftd 27 ee_I'l.-ee~I'l.e~r-~I'l.-arr-ma~~pe-pep~a~I'l.~~-~-pap~e,_reePea~~I'l._al'l.d 28 DAB/ses/Charter.rev September 13, 1990 70 L I! o " v 1 2 ~&pltwaY'!t.. 3 fob, Geft'S'i-d-e p- -tlfte - -enft1:t a -i - -b-1:t a~'9't!- -e i - -t-he- - Park--efta 4 Reepe&~~~-Be~artMeftt-~~~-~Peee!t!t-ei_~~~~_&~a 5 mak~-peeeM~~fte-~~-pee~-~^er~-~e-~_MaY~-eftd 6 eemme~ -Ge1:t~e:H... 7 foe1 Pepfe_ -!t1:teft -e~ftep -ti1:t~;kel!t -&!t -IIt&Y' -be -~Pe!tep;k8ed -by 8 epe;k~&ftee-fte~-;kfteeft!t;k!t~eft~~;k~ft-~fte-pPeY;k!t~ft-eE-~ft;k!t-eft&P~er 9 Se et,tet1- -;1.1.9.. - -APIle8l-~ -Ge1:tfte;k 1-.. - - -Irny- ~ -ti;k!tea~;kl!tE;ked 10 w;kt^-~~~-eE-r1:ti~ft~-~~~-paplt-€eMM~e8ieft_~ appeal-~ 11 ~fte- -EJommon. -Ge1:tfte;k 1-, - 8ft8- -s&.I.-d- -C-ounc!l:-l- -bY' - eft-~~~~~-ei 12 E;kYe-foS*-membepl!t-m&Y'-PeYep!te-ep-lltee;kEY'-ea;ke-tiee;k!t;keft-ep_P1:t1-;k~" 13 14 Article XIII 15 16 CIVIL SERVICE 17 18 Section 246. Civil Service Board - Appointment. A Civil 19 Service Board is hereby created which shall consist of five 20 members who shall be qualified electors of the City and 21 appointed as hereinafter provided. 'Phe - th!l!"ee-1\lElIIIbent-.,t-n- ~ 22 eft-~fte-E;kPl!t~~fteaY'-;kft~aY',-1-9S9,-l!tfta1-1--eeft~;kft1:te_~_eePYe_fep_~he 23 pem&;kftdep-eE-~fte;kp-Peepee~;kYe-~_!t..--eft-~1:tl-y-1-,_1-9S&,-ep_ae_eeeft 24 ~he!l!"e~-aS-~-ehert~~eft8m~~eeMe~~Eeet~v~_~ 25 Mayer,-~;k~^-t~-eefte~-aft8-~Yai-~-~he--C~e~i7_~l-i 26 a~pe;k~~-efte-MeMeer-te-ee~e-~~-~~~~~,_1-9S97 27 aftd-~fte-~-se~-1:tftt~-i-~-i,t~-Meftd~~~E-~,_1-96-i,_-efta 28 DAB/ses/Charter.rev September 13, 1990 71 ~ .- J II o o 1 2 -efte~e~,- -1!ly- ~1!-~eft- -:!:fl- -1!-he - .f'O:i~~ftg -1I\'ElflftM'1-.JPwo. -fllent1!leps 3 ftftal-l- -1!le- eflf)Mft'tee- o()fl- -'Che- -i-~1!- -Mefteay -ei - Mey, - -i%9;--llwo- -<m---ehe 4 ~~Pft-e-Heft8ey-~~,-l-S&l-T-eft8-~~--efte-ii~S~-~~-May, 5 l-S&3 T -eaeh - ie~- e- 'teflll- M- -s-i*" -YSS!I:'S-.- --on- -eAe- -~i-Pft1!- -Mefteay -e~-May, 6 l-S&ST-afte-eYepy-eee-ft~m1!lepee-yeap--eftepea~-ee~, On the first Monday 7 of June in each odd numbered year, the Mayor with the consent and 8 approval of the Council, shall appoint the same number of members 9 of the Civil Service Board for a term of six years as the number 10 of members whose term of office expires at that time, who shall 11 take office the first Monday of Hay June of said year, or as soon 12 thereafter as appointed and qualified. The term of one member 13 shall commence in 1991, two members in 1993 and two members in 14 1995, and said terms shall continue thereafter in like manner. 15 Any appointment following a death, resignation or other vacancy 16 shall be for the unexpired term. Members of the Board shall not 17 hold any other public office. 18 Section 247. Civil Service Board to Organize aM-AJ:lJ:leiftt 19 Seepe-eaPy. Immediately after appointment and qualification, the 20 Board shall organize by electing one of its members Chairman. 21 'Pfte- ~ -sbe-:H- -aJ:lpe~ft-e - e- -cM-et'- Elnal1l~ -whe -sfte~ ~ - ti-s& -eooe--as 22 Seepe-eaPyo -ei -'the- Be6nh- -"'!'he- -Boerd- -mey- ~:l:n-1!- -ft\teft -sl:t1!lePli~fta-ees 23 as --efts -G~-ey -Ge~fte~l--fllay, -1!ly -epe~fta_ T -J:lpe_p~1!le... 24 Section 248. Classified and Unclassified Civil Service. 25 The e~Y~l--Sepy~ee employees of the City of San Bernardino ~s ~ 26 hereby divided into the unclassified and the classified service: 27 / / / 28 DAB/ses/Charter.rev September 13, 1990 72 - o o 1 2 (1) The unclassified service shall include: 3 (a) All officers elected by the people; (b) All officers appointed for a definite term; (c) All deputies and assistants of elective officers 4 5 6 who hold office a~p~ftg at the pleasure of such elective officers; 7 (d) The heads of departments, and the heads of 8 divisions of departments and members of all appointive boards, 9 provided that for the purposes of this subsection divisions of 10 departments shall be formally established by the Mayor and 11 Council by resolution; 12 (e) One secretary for each department, when such 13 position is designated unclassified by the Mayor and Common 14 Council; 15 (f) Such other management employees as are designated 16 by the Mayor and Common Council by resolution; 17 (2) The classified service shall comprise all positions 18 not specifically designated ~ftei~eee in this Charter in the 19 unclassified service. ~hepe-eha%%-ee-~ft-~fte-~~~~~~~ 20 ~fte-~~~ftg-~ree-eiesseB,-~e-~~ftewft-~-~he_~~~~ 22 21 e~aBB,-~he-~fteempe~~~~Ye-e~aBB-afte-~he-%abep-e%aBe: 23 afte -emp}.eJ'l1left~ -rep -Wft:keft -~~-~B -ppae~:keae}.e -~ -I!!e~ePm~_ -~he"'1llep~t ~a~ ~he-eempe~~~~ye-e~aeB-Bha~~-~fte%~e-a%~-peB~~~ftS 24 afte-~~~fteBB-e~-app%~eaft~B-ey-eempe~~~~ye-e~am~fta~~fte. 25 ~e~ ~fte-~pet~~~~-e%8es-~~%-~~~_~~~i 26 peB~~~ftB-rel!J:lI.~r~ftg-f)ee~.U.ef-"8ftd- enoepMot.a1 ~~H~~~f.-8 27 Be~eft~~~:ke,"'1IIaft~ep~a~,-pPe~eBB~fta~-ep-ee~a~~fta~-ehapae~p,-er 28 DAB/ses/Charter.rev September 13, 1990 73 - - a r'\ Iv 1 2 may-be-ee~erm~ftee-by-~fte-r~%e8-er-~fte-Bear6. 3 ~1 ~fte-%8eer-e~e88-~~-~~~~rd~-~ft8~~~~e6 4 ~aeer. 5 Section 249. Veterans I Preference. In any open 6 examinationL aem~ft~e~eree-by-~fte-e~Y~~-SerY~-Beare-er-~~e-Beare 7 er-S~ee~a~-EJfaltl~fter8-er-eft~er-EJf_~_r, any person who has served 8 in the regular armed forces of the United States of America in 9 time of war and who has been honorably placed on inactive status 10 or has been honorably discharged from such service shall receive 11 a bonus of five (5) grade points which will be added to the final 12 examination grade of said person who has obtained a passing grade 13 for such examination. An additional five (5) ~raee points shall 14 be added to the final examination grade of such person who 15 qualified for the initial five (5) grade points for veteran 16 preference and who have a service-connected disability rated at 17 not less than ten percent (10%) e~ ~ an authorized agency of the 18 federal government. In any such open examination, ten (10) grade 19 points shall be added to the final eJl!81t1~~ grade of any 20 successful applicant who is a wife of any such United States 21 veteran honorably discharged from the service who, while in 22 service in time of war, was disabled or crippled, thereby being 23 permanently prevented from engaging in a remunerative occupation; 24 or who is the widow of any such veteran who died or was killed in 25 such service and who has not remarried. The Civil Service Board 26 shall def ine ~fte-"1"ft88-e--II.!ft-~-M--w-a-rll.-"5:n--~~5-~J:.es.-eftd. 27 re~~~ek~~-afte-5~eft-~~~~~~~-~fte~~ee-e8eft-~~_afty 28 DAB/ses/Charter.rev September 13, 1990 74 . - o 1""\ Iv 1 2 ealll'paigtr-~I'1'1f-&.l~-~fte-~~:i:tee-~&~el!J-~-wft;i~~fte_~3: 3 \Jt3ver1'tilleft~-e3:3:ewl!J-'Ve't~ ~ service in time of war in 4 its rules and regulations so as to include all service for which 5 the federal government allows veterans' preference. The Bonus 6 granted under this section shall not apply to promotions or 7 promotional examinations. 8 Section 250. Codes of Rules and Regulations. The Ci vi! 9 Service Board, subject to the approval of the Mayor and Council, 10 shall adopt, amend and enforce a code of rules and regulations, 11 providing for appointments and employments in all positions in 12 the classified service, based on merit, efficiency, character and 13 industry, which shall have the force and effect of law; shall 14 make investigations concerning the enforcement and effect e~-~ft:i:l!J 15 ar~:i:e~e-aftd of the rules adopted. 16 Section 251. Examinations. 'Phe- ensll\'l:fter-$slil:--appreYe 17 Examinations for all positions in the classified service shall be 18 conducted in accordance with all regulations of the Civil Service 19 Board. a~e-l!Jfte3:3:-IIIEl;iI'1~El~1'1 ~ists of eligibles e~-eseh-e~ElElEl-~ 21 20 sery;iee--o-~-th_ meeting the requirements of said regulations 22 shall be maintained. All positions in the classified service shall be filled from such eligible list~. :fft-~~-El'\:Hlh 23 ap~:i:~~llIeft~,. -prefereftee- ElhEl~ ~- -be-1j'!-ven- -tlo- -bone--E-Me- -l!'e&.i:dewe&-ef 24 ~he-~~~~~-Saft-Berl'1erdi~e-~~-Bee~-l!J~eft_~~~_at 25 ~eas~-efte-yee~_<t-~flg--bhe--de'tle-~~M--~iD~llIen1!-,._aM 26 whe - ere, - Elf'l- 'Sfl-!:a- -d&t:-e; - -quei~-<<'-ed- ~l~ ~ -se-M -Gj,-~"'-s1:te,;.ee~, 27 hewey~--tlo--~he-prefereftee-~~~-:i:ft-Seetieft_~~~_~h:i:l!J 28 DAB/ses/Charter.rev September 13, 1990 75 - , - l o ~ ~ 1 2 eftar~er. A8-pe8~~~ft8-are-E~~~e9r-~fte-e~am~fter-8fta~~-eer~~rr_~fte 3 Eae~-By-~epe~-~preeori~ Notification of the proper filling 4 of all vacant positions in the classified service shall be 5 certified in written form to the City Treasurer and the heads of 6 the department~ in which ~he such yaeaftey positions exist8. 7 Section 252. Promotion to Positions. The Civil Service 8 Board shall provide for promotion to all positions in the 9 classified service, based on records of merit, efficiency, 10 character, conduct and seniority. 11 Section 253. 9fte--~ar Probation. An appointment or 12 promotion shall not be deemed complete until an applicable periOd 13 of probation eE-fte~-m~~~year has elapsed, which shall 14 not exceed one year for promotional probation. The probationer 15 may be discharged or reduced at any time within said period ~peft 16 reeem~~ft-e4 ~ the head of the department in which said 17 probationer is employed. w~~h-~he-~e.al-~~4fta~r~-ef-~he 18 e~V~~-~~ee-Bo&re. Periods of probation shall be fixed by 19 resolution of the Mayor and Common Council and procedures for and 20 effective dates of discharges and reductions shall be adopted by 21 the Civil Service Board in its rules and regulations. The 22 dismissal of a prObationary employee who is on probation due to a 23 promotion from a permanent position is subject to the right of 24 appeal to the Civil Service Board, provided that an employee may 25 be suspended without pay pending the Board's determination of the 26 appeal. The Board, in its discretion, and conSidering all 27 factors, shall have power to reinstate the employee to his or her 28 DAB/ses/Charter.rev September 13, 1990 76 - A . 0 ~ ~ 1 2 previous permanent position, but shall have no power with regard 3 to the dismissal from the probationary position. 4 Section 254. Discharge or Reduction of Compensation. No 5 employee in the classified service shall be discharged or reduced 6 in rank~ or in compensation until he or she has been presented 7 with reasons for such discharge or reduction in rank or 8 compensation specifically stated in writing, and has been given 9 an opportunity to be heard before the Board in his or her own 10 defenseL provided that an employee may be suspended without pay 11 pending the Board's determination of the appeal. The reason for 12 such discharge or reduction and any reply thereto by such 13 employee, shall be in writing and filed with the Civil Service 14 Board. Verified written charges may be filed by any qualified 15 elector of the City of San Bernardino under such rules and 16 regulations as may be prescribed by the Civil Service Board. All 17 charges shall be heard and trials had under such rules as the 18 Civil Service may prescribe. PROVIDED, that the provisions of 19 this section are at all times subject to and subordinate to the 20 provisions of Section ~S6 53. 21 Section 255. Appeal of Suspension. Any employee of any 22 department in the City in the classified service who is 23 suspended, reduced in rank, or dismissed from a department by the 24 Head of the Department, may appeal from the decision of such 25 officer to the Civil Service Board and such Board shall define 26 the manner, time and place by which such appeal shall be heard 27 and determined by the Board or by a hearing officer designated by 28 DAB/ses/Charter.rev September 13, 1990 77 -- J!! . r'\ . 0 '-....J 1 2 the Board, provided that all appeals of dismissals shall be heard 3 and determined by a hearing officer designated by the Board. The 4 judgment of e~eft the hearing officer or the board shall be final. 5 PR9V.,ri)EB 1!fte.~ '!.he provisions of this section are a1!-e.~~-<<_ 6 subject and subordinate to the provisions of Section ~S6 53. 7 Seet~~-~r--pewe~-~~-1!e-8ismissT--~_appe~1!~ye 8 ef~-!-o-e-J!'-'Of--e~e-~-1!fte--c~-e~--&eft-B~J:.fte,_ eUDept 9 effie~_ppeift-t-ed--~r-_-de-z.~ftite-~;--e.ftd- eu~ -eep~1!~e, 10 aee~e1!aft1!e;--e~er~e;--emp~yeee;--aft8-a1!1!aehee-fte~~ftg-effJ:.ee_a1!_1!he 11 p~ae~re-ef-~~~-eff~eJ!';--me.Y-~~~~~~i88ed_~r 12 1!he-gee8-~~-eerY~e-eY-~~r-w~1!h-tfte-~se~~_1!we_ 13 1!h~r88-f~f3~-ef-1!he-e~1!y-ee~fte~~T 14 see1!~ft-25~T-~<<~~-e~a88~f~-ServieeT--~~~_peJ!'eefts 15 ~ft--t~-&mpieY-~-1!fte-~-he~~ftg-pesitiefts--!~~-e~a88~z.J:.e8 16 8erv~ee;-_8- estleb-~Hhe8-eY--bbi_~r-a1!-tfte-<<_~_1!aes 17 e f ~~;- -1!I'he-~ i - ~1! e. ~~ -1! ft e--e-ame- -U-ftt~~- -d i seftes.aged;- - fltduced, 18 pre1lle1!el!-eJ!'-1!raft8feJ!'rel!-~ft-eeeer8aftee-herew~1!hT 19 Section 258. Payment of Salaries. The City Treasurer shall 20 not pay any salary or compensation for service to any person 21 holding a position in the classified service unless the payroll 22 or account for such salary or compensation shall bear the 23 certificate of the Civil Service Board, ey-~ts-See~, that 24 the persons named therein have been appointed or employed and are 25 performing a service in accordance with the provisions of this 26 Charter and of the rules established thereunder. 27 / / / 28 DAB/ses/Charter.rev September 13, 1990 78 . - ll. j - o '" J 1 2 Section 259. Investigations. In any investigation 3 conducted by the Civil Service Board, ~t the Board shall have the 4 power to subpoena and require the attendance of witnesses and the 5 production thereby of books and papers pertinent to the 6 investigation, and to administer oaths to such witnesses. 7 Section 260. Penalties fixed by Civil Service Board. The 8 Civil Service Board, subject to the approval of the Mayor and 9 Council, shall determine the penalties for the violation of the 10 Civil Service provisions of this charter; such penalties, when 11 fixed by ordinance by the Mayor and Council, may be changed from 12 time to time as required. 13 14 15 16 17 18 Article XIV Miscellaneous Section ~2GT 270. Fiscal Year. The fiscal year of the City 19 of San Bernardino shall begin on the first day of July and end on 20 the last day of June of each year. 21 Section ~~~T 271. City Defined. The word .City. wherever 22 it occurs in this Charter, unless it expressly appears otherwise, 23 means the City of San Bernardino. 24 Section ~~~T 272. Oath of Office. Whenever oath of office 25 is mentioned in this Charter, it means the oath of office or 26 affirmation in form as prescribed by the Constitution of this 27 State. 28 DAB/ses/Charter.rev September 13, 1990 79 . . o ,,,", J 1 2 Section #2~~ 273. Ordinances in Force. All laws, 3 ordinances and resolutions relating to the City of San 4 Bernardino, now in force and not inconsistent with this Charter, 5 shall be and remain in force after this Charter takes effect 6 until repealed or changed by the proper authority; and all 7 actions and proceedings in any court wherein said City is a 8 party, when this Charter takes effect, shall continue thereafter 9 with said City as a party until regularly disposed of. 10 See~~ft-##S~ Ree~r~~~fte-eft-eiiieers~ Ne-~ereeft-ftei~iag 11 a- ___loa roi -e1i-- M4! ~e-'1>-f.- -bh-.i:-e - ~:r7 -_he't~- ~ -e-i~~eft-'1>-r 12 a~~e4.~~r-sft-&:l-i.--fte],~--eny--e~fte~-oH-i-ee-~~fter7_~-er 13 _lo1:IIIIeft~ -tla~er- -the- -Go'\, e~ -ef. -~fte- ~M 'tee- -&betas, - -or-~-~h~s 14 s~a~er-e2eep~-~he-ef.f.~e-ef.-Ne~ary-p~b],~r-ee~r~-eemm~8e~fterr-er 15 aft - ~ - ia--'bhe- -Ha toieft8 1 -ell are, --Etftd- 8ftT--p&peea- ~-aft:r 16 8a i 8l1!"oi-ed--ef i i ee- '1>-f. - 'tM-s- -ei~:r, - ~r- ~-ng-- t\oi-s- ~-e.f-"'8111!l'ft 17 efiiee-;--efta]'i-~-e~-ho-l-d-eftT-~er-~_8s_~;!ta~7 18 eHeeP't--eft.a~-e.f-~ll:r:r-~J:-:i-e-r-€~-eelllll\4.1!t9i~r_~~_~fte 19 HIl:~iet'l'ti--e~ll:r~,--ebe-lo],-ee- deellle~--th&reb:r-'t&--ha. e -'V'~-~fte 20 ef.f.~ -heM -b:r-h:l:nt-~ft8er -~h~8 -e~~ -GeYerftllleft~ r -aMl-~fte -e_-ehaH 22 21 illlllle~~a~],y -beeeme -Y_aft~~ Section ##6y 275. Delivery of Property. A11 Officers, 23 Board, and Commissioners sha11 each, on going out of office, turn 24 over and de1iver to their respective successors in office, all 25 books, papers, documents, records, archives and all other 26 property or things pertaining to their respective offices, boards 27 or departments, in their possession, or under their charge or 28 DAB/ses/Charter.rev September 13, 1990 80 JlI . o ,,,",, ",) 1 2 control. 3 Section ~~~~ 276. Office hours. The Common Council shall 4 provide by ordinance the hours that the several offices of the 5 City shall be kept open for the transaction of business. 6 Section ~~9~ 277. Deposit of Money. It shall be the duty 7 of every City officer, upon receiving into his or her hands money 8 belonging to the Municipality, to forthwith deposit .the same with 9 the City Treasurer, except where otherwise provided by this 10 Charter. 11 Section ~3e~ 278. Term of Office. Every elective or 12 appointive officer of the City (other than Council persons) shall 13 hold office during the term prescribed by this Charter, and until 14 his or her successor is elected or appointed and qualified, and 15 every appointive officer or employee, except employees in the 16 classified service, whose term is not fixed, shall hold office 17 during the pleasure of the officer or board appointing him or 18 her, and when an appointment is made to fill a vacancy in an 19 unexpired term, the person appointed shall, if it be an 20 appointive office, hold for the unexpired term and if for an 21 elective office until a successor is chosen at the next 22 succeeding ~efte~e! City wide municipal election, at which time 23 the office shall be filled for the balance of the term. by-eft 24 e}.ee-e:kePl~ 25 Section ~a4.... 279. Reimbursement for Expenses. 'Phet 26 Elective officers shall be entitled to receive reimbursement from 27 funds budgeted for that purpose for their necessary expenses 28 DAB/ses/Charter.rev September 13, 1990 81 - , - .""'\ 0 J 1 2 while engaged on Municipal business, including mileage ~ft-~fte 3 e~~~-ei-Seft-~fte, such expenses not to exceed the expenses 4 authorized for other City employees or officers. 5 Section 280 Public Employees Retirement 6 (a) The Mayor and Common Council shall, with all due 7 diligence, contract with the Board of Administration of the &~a~e 8 Public Employees Retirement System, and do all things necessary 9 to provide for the participation by the City of San Bernardino 10 and the employees thereof, in the &~e.~'8 Public Employees 11 Retirement System, with full credit being given to the employees 12 of said City for prior service rendered. 13 (b) ~fta~ ~ny contract so entered into by said Mayor 14 and Common Council with the Board of Administration of the &~a~e 15 Public Employees Retirement System shall only be terminated by an 16 ordinance adopted by a majority vote of the electorate of the 17 City of San Bernardino 18 &e-e~~ft-~3Sr~~a~~~~ea~~ft-e~-e~~~P8r-~he-e~~~-e~p~_afta 19 e~~~-~~ee.s~~e~-~~-~-8eeft-~~e.~iiied-~~~_re8~eft~S 20 e~-~fte-e~~~-~p-a-pep~a-e~-a~-~a8~-~ft~p~~-r39t-eeft8ee~~~ye-eays 21 pP~p-~e--bheS.~~~-e~-ii~ift!J-~..e.'leHo -noot:l:fteol!.ioft.-papeps 22 ~p-e~e~~ft-~-e~~~.,. 23 &ee~~pt-~3&r-Pewep-~-Re;tee~-B~8-apta-Re-MYep~~eer__1-pt_aH: 24 ease1!l--wbe-P'8-e~-s4.'flg--49--~~~rea-ie~-~-ed--propcsa:Ht-_~ftl!le~ 25 &ee~~pt-1-49-e~-~ft~8-ehap~epr-~he -Ma~p-apte-C_ft-ee~pte~~r-ep-afty 26 eeapl!l-e~-~-cM'--fIIaJ[1-ng--8~eh-e.ave~~iseJl\eft~,_~~_~~_~ 27 pej-ee~-apty-ep-a~~-8~e8-afte-re-aaYep~~ee-~pt-~he~p-e~eere~~pt.,. 28 DAB/ses/Charter.rev September 14, 1990 82 ... '~ - A. ~ 0 ,,,\ V 1 2 See-e:keft-li!49...-'i'e.k,ift~-~~~~-Pre1l81'-err-WhefteYer 3 ~-e - beoomsl!I -ft~ 89 9 8J."y - f ~-efte.- €,i-t? -ee. - teke- -<n' - demege- -p:I!'i-Ya-ee 4 p:l!'epe:l!'-eyo - fer- flt1~,ie- ttSe; - -bbe- -Meyor- -end- -C"OllllllOn- -Goufto-i-~~ -d~:Peet 5 preeeee~~l!t--ee-be--ealteft--efte:l!'efe:l!'-ttMe:l!'--e}te-p:l!'e'V'~l!t:keftl!t-e~--efte-eelie 6 e~-e~'V'~~-Preee~tt:l!'e-e~--e}t~l!I-S-ea-ee--ee-preett:l!'e--e}te-l!Iame... 7 Section ~4~... 281. Employment of Legal Counsel. The Mayor 8 and Common Council shall have power and authority to employ and 9 engage such legal counsel and services and other assistants, as 10 may be necessary and proper for the interest and benefit of the 11 City and the inhabitants thereof. 12 Section ~4li!... 282. Qualifications of City Employees and 13 appointment. The Mayor and Common Council may prescribe the 14 number, qualification and compensation of the deputies, clerks, 15 assistants, employees and attaches of the City Attorney, City 16 Treasurer and City Clerk. All deputies, clerks, assistants, 17 attaches and employees of the City Attorney, City Clerk and City 18 Treasurer shall be appointed by the respective officers with the 19 consent and approval of the Mayor and Common Council, and shall 20 hold office at the pleasure of the officers appointing them. 21 Section ~44... 283. When Charter takes effect. This Charter 22 shall take effect from and after its approval by the Legislature 24 23 of the State of California. 25 26 27 28 DAB/ses/Charter.rev September 13, 1990 83 . ~. ,. .. - .. o o CHARTER of the City of San Bernardino Recommended Revisions by the Charter Revision Committee Note: Throughout the Charter, wherever there is a reference to a masculine noun or pronoun, a feminine or neuter noun or pronoun has been inserted. ARTICLE I BOUNDARIES, RIGHTS AND LIABILITIES Section 2. Boundaries The word "jurisdiction" in the title was eliminated. section was amended to read as follows: The boundaries of City of San Bernardino shall be as established from time to accordina to law. All other language was deleted. This the time Rationale: The boundaries set forth in the existing charter no longer coincide with present city boundaries. To avoid such a conflict in the future: (1) all references to specific boundaries were removed; and (2) the phrase "established from time to time according to law" was inserted. (Discussed at meetings of 9/28/88 and 5/23/90) Section 3. Time and Change of Boundaries This title was amended to read as follows: Time and Change of ~ Boundaries. The last line which reads in part ".. . ninety (90) days of any general municipal election", was changed to read as follows:" ninety (90) days of any primarY municipal election. Rationale: The word "ward" was added to the title to make the title of the section more specific. The word "general" was changed to "primary" because of time frames necessary to conduct an election. If a ward boundary were changed 90 days prior to a general election, that change would take place only 30 days prior to the preceding primary election. Nominations would have closed. Polling places, ballot types, etc., would be in place more than 30 days prior to the election and would be affected by a boundary change. (Discussed on 9/28/88, 5/23/90 and 5/30/90) Section 10. Primary and General Election In the first sentence, the capital letter "P" in Primary on the first line was changed to lower case. The following language was 3.dded to the beginning of the last sentence in paragraph one, "Except as otherwise provided herein. 1 9/14/90 W I ~ .. o o Rationale: This phrase was added to indicate that there are other provisions in the charter that relate to elections. (Discussed on 9/28/88, 3/28/90 and 5/23/90) Section 11. Election of Officers Section lOA was changed to Section 11. The words: iudicial, school or were deleted from the first sentence. Rationale: This section number change, as well as other section number changes throughout the document, were made by the City Attorney's Office to provide continuity. The words "judicial and school" were stricken in the document because the city does not conduct their elections. (Discussed on 9/28/88 and 5/23/90) Section 1lA. Compensation of Officers (Election) This section was removed. Rationale: This section was removed because compensation of election officers by resolution. 9/28/88, 4/25/90 and 5/23/90) Council sets (Discussed on Section 12. provision for Elections Section 11 was changed to Section 12. Rationale: Section number change only. (Discussed on 9/28/88 and 5/23/90) Section 13. Approval and Filing of Bond Section 12 was changed to Section 13. The last sentence in the section was deleted. Rationale: The last sentence was deleted because it is covered in Section 20. (Discussed on 9/28/88 and 5/23/90) Section 14A. Election of Council M..mhl>rs. Section 13 was changed to Section 14A and the title was changed to read: "Election of Council Members". In the text, 1977 was changed to ~ and the period of 30 days was changed to 29 davs. Rationale: Title was changed for clarification. "1977" was changed to "1993" to update the Charter and to make the sequence of elections easier to follow. Thirty (30) days was changed to twenty-nine (29) days to conform to state law. (Discussed on 3/28/90, 4/25/90 and 5/23/90) 2 9/14/90 , lJ _ _ . o o Section 14B. The title "First Election Officers and Terms" was eliminated.- The existing Section 14 was changed to paragraph B under the proposed Section 14, and the general election year was changed from 1975 to ~. The thirty (30) consecutive days provision was changed to read: twenty-nine (29) consecutive days. In the last sentence "and a City Attorney, City Clerk and City Treasurer elected at large who shall hold office" was deleted and "from and after" was deleted and replaced with commencina on the first Monday in June next succeeding their elections." Rationale: Section number and letter were changed for continuity. 1975 was changed to 1991 to update the Charter and to make the sequence of elections easier to follow. Thirty days was changed to 29 days to conform with state law. City Attorney, Clerk and Treasurer were deleted as their elections appear in section 15 B. (Discussed on 9/28/88, 10/12/88, 3/28/90 and 5/23/90) Section lSA. Election of Mayor and Other City Officers This section was added. In paragraph A of Section 15, the general election year was changed to ~. Paragraph B of Section 15 was also added to read as follows: There shall be elected at larae at its aeneral election in 1991. and everY fourth vear thereafter. a Citv Attornev. Citv Clerk and City Treasurer who shall hold office for terms of four vears commencina on the first Monday in June next succeeding their elections. Rationale: Provisions for City Attorney, City Clerk and City Treasurer elections were moved from Section 14 to paragraph B of Section 15 for clarity. (Discussed on 9/28/88, 4/25/90 and 5/23/90) Section 16. Vacancy on Council Section 14A was changed to Section li. In Section 16, paragraph 1, wherever the word Counc ilman appears, it was replaced with Council Member and in the last sentence of paragraph 1, thirty (30) days was changed to twentv-nine (29\ days. In paragraph 2 of Section 16, the following language was added to the first sentence: who. shall. within thirtv (30) davs of said vacancv. call a soecial election which shall be held as soon as oractical but not later than six 16\ months from the date of said vacancv. and said election . . . Rationale: The phrase beginning: "who, shall, within thirty days of said vacancy, call a special election..." was added to 3 9/14/90 o o establish a time frame within which a vacancy must be placed on the ballot. The existing section leaves the time frame open. (Discussed on 9/28/88, 3/28/90 and 5/23/90) Section 17. Vacancies - Leave of Absence Section 15 was changed to Section ll. In the third line, the phrase adiudqed insane was replaced by disaualified from votina due to mental incompetency is." In the last line of this section the phrase "refuses after notice from the Mavor and Common Council" is replaced by the word "fails". Rationale: The term "adjudged insane" was replaced with more modern terminology. The term "refuses after notice from the Mayor and Common Council" was replaced with the word "fails" in order to make this provision more direct. (Discussed on 5/23/90) Section 18. Leave of Absence Section 16 was changed to Section 1a. On line 4, of Section 18, the following words were added: active dutv with . . . Starting on line 11, the following language was added: or olaced on Reserve or National Guard status or any other non-active dutv status, shall be reinstated without loss or aain. The word "That" was deleted at the beginning of the last sentence. Rationale: The reason for change is that an employee who returns from military service may not have been discharged, but instead may have been returned to Reserve or National Guard status. "Gain" was inserted to prevent an employee who comes back from years of service from beiny credited with those years of added seniority. (Discussed on 9 28/88, 10/12/88, 3/28/90 and 5/23/90) Section 22. Additional Bond - Vacancy Section 23 was changed to Section 22. Rationale: Section changed only. (Discussed on 5/23/90) Section 23. Salary of Hayor Section 24 was changed to Section n. The last sentence was deleted and was replaced with the following language: The salary of the Mavor is herebv set at 5% above the salary of the Police Chief. commencina on the first day of the month followina aooroval of this charter by the State Legislature. Therefore. whenever the Police Chief's salarv is adiusted in accordance with Section 186 of this Charter. the MaYor's salary shall be adiusted automaticallv to a level 5% above the Police Chief's new salary. 4 9/14/90 . o o Rationale: The mayor's salary has been $32,000 since 1974, despite the fact that the cost of living has risen over 160% during the past sixteen years. The salary for a full time mayor should reflect the responsibility and scope of the position. With rapid population growth occurring in our community, strong mayoral leadership is more important than ever. The mayor must be chosen from among the most talented and energetic of all San Bernardino residents, not just from among those who can afford to serve. The current salary serves as a financial obstacle which may discourage some highly qualified individuals from public service. In order to rectify this situation and to assure strong mayoral leadership into the future, the proposed charter revision permanently sets the mayor's salary 5% above the salary of the Police Chief. Since the Chief's salary is adjusted annually in accordance with Section 186 of the Charter to reflect changes in market conditions and cost of living, the proposed revision would ensure that the mayor's salary remains sufficient as time passes to attract the largest Possible0oo1 of highly qualified mayoral candidates. (Discussed on 10/12 88, 10/26/88, 11/8/89, 12/13/89, 1/10/90, 2/28/90, 3/28/90, 4/25 90, 5/9/90, 5/23/90, 5/30/90 and 6/27/90) Section 24. Salary of Council Section 24 A. was changed to Section 24. In Section 24, the paragraph that read as follows: "The Councilmen shall each receive an annual salary of six hundred dollars ($600.00), payable monthly", was replaced with the following language: "Each Council Member shall receive a salary of Sl.000 oer month. commencina on the first dav of the month followina aooroval of this Charter bv the State leaislature. At the beainnina of each subseauent calendar year. this fiaure shall be automatically adiusted accord~na to the oercentaae chanae over the orevious 12 months in the Consumer Price Index (national averaae\ for all urban consumers". Rationale: The council's salaries have not been raised since 1937. A study of council salaries in California cities revealed that our council members are among the lowest paid in the state. The job of a council person is demanding and though the recommended salary of $1,000 per month would not fully compensate council members for their efforts, it is more in keeping with what other cities pay. The Consumer Price Index (CPI) provisions would allow for an automatic annual cost of living adjustment of council salaries. (Discussed on 11/8/89, 12/13/89, 1/10/90, 2/18/90, 3/28/90 and 5/23/90) Section 25. Salaries of City Clerk and the City Treasurer This section was changed from 24-B to Section 25 and the title 5 9/14/90 o o was amended to read: "Salaries of the City Clerk and the City Treasurer." The paragraph in this section was amended as follows: "The salaries of the City Clerk and the City Treasurer shall be fixed by the Mayor and Common Council". Rationale: The City Clerk and same section for streamlining. 12/13/89 and 5/23/90) City Treasurer were placed in the (Discussed on 10/12/88, 3/22/89, ARTICLE III - LEGISLATIVE DEPARTMENT - THE CODON COUNCIL Section 30. Legislative Power In the beginning of the last sentence the word council was added. In the last line of the section, the following language was added: "exceot when a areater vote is reauired by law or bv this Charter. " Rationale: The word "council" was inserted before the word "order" to clarify that this section only applies to orders of the council. The last phrase was added because in some instances more than four affirmative votes are required for council approval. (Discussed on 10/26/88 and 5/23/90) Section 31. Ordinance, Resolution, Council Order-Definitions. This is a new section and new title. Paragraph (a) was added and reads as follows: Ordinance - An ordinance is a local law of the Citv. duly enacted bv the Mavor and Common Council as set forth in this Charter. prescribing general. uniform. and oermanent rules of conduct relatina to the corporate affairs of the City. Ordinances may be codified in accordance with aeneral law. Paragraph (b) was added to Section 31 and reads as follows: Resolution - A resolution is the formal exoression of the ooinion or will of the Mavor and Common Council dealina with matters of a soecial or temoorary character. not risina to the dianitv of an ordinance. and adooted bv vote as set forth in this Charter. Paragraph (c) was added to Section 31 and reads as follows: Council Order - A council order is an action of the Mavor and Common Council dealina with matters of a soecial or temoorarv character. not risina to the dianitv of a resolution. and adooted bv vote as set forth in this Charter. Rationale: difference (Discussed Paragraphs (a), (b) and (c) were added to clarify the between ordinances, resolutions and orders (motions). on 10/26/88 and 11/9/88) 6 9/14/90 o o Section 32. Ordinance Section 31 was changed to Section 32 and the title was amended to read: Ordinances. The words "Adoption - Emergency and Urgency" were eliminated from the title. The first paragraph was marked ".Lll". In the first line of paragraph (aI, the words "emergency or" were deleted. On lines 3 and 4 the following words were deleted: "nor except at a regular or adjourned regular meeting". In the second sentence of paragraph (aI, the words: "or resolution" were deleted. On line 9 of, paragraph (a), the following language was added: "and except for urgencv ordinances, and on lines 10 and 11, the words "regular or adjourned regular" were deleted. Rationale: Title and section number were changed for clarification. The words "emergency or" were deleted by the City Attorney as "urgency" is the preferred terminology per general law. The words "nor except at a regular or adjourned regular meeting" were deleted to allow the Mayor and Council the flexibility to adopt urgency ordinances at special meetings. All provisions relating to ordinances have been grouped together for continuity. (Discussed on 10/26/88 and 5/30/90) Section 32. (b) The second paragraph in former Section 31 was changed to Section 32 (b). The words "Emergency or" were deleted from the beginning of paragraph (b) and Uraencv was capitalized. On line 1 of paragraph (b), the following language was deleted: "and each resolution". In paragraph (b), line 5 the word "special" and in line 6, the words "and resolutions" were deleted. In the last line of paragraph (b), the following words were deleted: "and resolutions of" and the word "in" was inserted. The last paragraph of paragraph (b) was eliminated. Rationale: See above for "emergency". References to resolutions were removed from this section and given their own section for clarification purposes. (Discussed on 10/26/88 and 5/30/90) Section 32 (c) The third paragraph of former Section 31 was changed to Section 32 (c). The entire section was deleted except for the words "All ordinances" and replaced with the following language: Except as otherwise provided herein. all ordinances shall take effect as provided in Section 32ff) if approved bv a vote of four f4\ or more council members. provided that if such an ordinance receives onlv four (4\ votes. and if within five (5) davs of approval the Mavor states his or her disapproval with his or her reasons therefor. for the records. the ordinance shall not take effect. 7 9/14/90 o o Rationale: References to "resolution" were removed and placed in separate section. (See Section 33) New wording was added to clarify provisions under which ordinances become valid with or without the Mayor's endorsement It also provides conformity with language for resolutions and Council orders. (Discussed on 10/26/88, 5/30/90 and 7/25/90, 8/1/90) Section 32 (d). The title, "Ordinances - Enacting Clause" was deleted, and the paragraph was retitled l41. Rationale: Section number and title were deleted for continuity. All provisions under this section remain in Section 32 (d) above. (Discussed on 10/26/88) Section 32 (e) The title, Ordinances Publication, was deleted, and the paragraph was retitled 33 (~. Section 32(e) (page 15 of the proposed Charter) was amended by inserting the words "bv the Council" on the fifth line after the words "of each ordinance; inserting the word "either" before "published by the City Clerk" on the fifth line; on the seventh line, inserting the word "or telecast on local Government access channel three times on three different dates between the hours of 6:00 a.m. and 10:00 p.m. Such 9ublication or telecastina shall include" the names of the . . . At the end of that sentence the words "when reauired" were added. on lines 13, 14, and 15, the words "or telecastina" were added after the word "publication". On page 16 of the same document, on the sixth and tenth lines the words "or telecastinq" were added after the word "publication". In the thirteenth line, the words "in such situations. if not telecast," were added following the words "private legal notices, but". In next to the last line in that paragraph the words "and until" and "or telecast" were added so that the last two lines read as follows: .,. and until it is published or telecast in substantially the manner and at the time required herein. Rationale: The various references to using telecasting as an alternative for publishing ordinances in the newspaper were added to provide for meeting the legal requirements for advertising ordinances and saving the payment of the high cost of advertising in The Sun. Also, the number of cable subscribers exceeds that of newspaper subscribers in San Bernardino. (Discussed on 10/26/88, 6/27/90, 7/25/90 and 8/1/90) paragraph (f) was added as follows: No ordinance passed bv the Common Council (excePt 'o'1hen otherwise reauired bv the aeneral 8 9/14/90 o o laws of the State. or the orov~s~ons of this Charter. resoectina street imorovements and exceot an ordinance for the immediate oreservation of the oublic peace. health. or safety. which contains a statement of its uraencv. and is oassed bv a five- sevenths 15/71 vote of the Council but no arant of any franchise shall be construed to be an uraencv matterl. shall 90 into effect before thirty (301 days from the time of its final oassaae by the Council. Rationale: This section was amended and moved from Section 121 so that all provisions relating to ordinances be grouped together. (Discussed on 10/26/88 and 5/30/90) former would Section 33. Resolutions (Formerly Section 31) The following provisions were moved from Section 31 as follows: (al All resolutions may be adooted on the day of introduction and may take effect uoon adootion: 9rovided. however. that this section is not intended. nor shall it be deemed to affect the method of adootin9 resolutions as required bv municipal imorovement acts. laws relatina to elections. taxation. and annexations. or other orovisions of law orescribina the time. form and manner for the adootion of resolutions in soecial cases. (b) All resolutions. shall take effect if aooroved bv a vote of four (41 or more Council members. orovided that if such a resolution receives only four (4) votes. and if within five 151 days of aooroval the Mavor states his or her disaooroval with his or her reasons therefor. for the record. the resolution shall not take effect. Rationale: These paragraphs were moved from other sections in the Charter in order to group provisions on resolutions. The language in the second paragraph was changed to clarify the provisions under which resolutions become valid, with or without the approval of the Mayor. They also provide conformity with provisions for ordinances and Council orders. (Discussed on 10/26/88, 5/30/90, 7/25/90 and 8/1/90) Section 34. Council Orders. (FOrmerly Section 31) A Council order shall take effect if aooroved by a vote of four 141 or more Council members. orovided that if such an order receives only four 141 votes. and if at the same meetina the Mayor states his or her disaooroval with his or her reasons therefor. for the record. the order shall not take effect. Rationale: This section was moved from Section 31 to 34 so that ordinances, resolutions and council orders (motions) would have separate sections. The language was added to clarify the provisions under which Council orders become valid, with or 9 9/14/90 o o without the approval of the Mayor, and to provide conformity with provisions for ordinances and resolutions. (Discussed on 10/26/88, 11/9/88, 5/30/90, 7/25/90 and 8/1/90) Section 35. Powers of Common Council Section 34 was changed to Section 35. In the eighth line "expel" was replaced by remove from office and "or any city officer appointed by the Mayor and Common Council" was deleted. In the tenth line .f2l: was added before "the willful violation of any penal law,". "for which punishment mav include incarceration" was added following "penal law" in the eleventh line. In lines twelve and thirteen the words "or officer" and "if holding office for a definite term" were deleted. The following phrase was added to the end of Section 35: "provided that when a trial court 1udament is entered for the conviction of a felonv or anv offense involving a violation of the member's official duties. the office becomes immediate Iv vacant. Rationale: The word "expel" was clarified by changing the phrase to read "remove from office". All references to the discharge of other officers appointed by the Mayor and Common Council were removed because they are covered by Sections 40(s) and 53(a). The sentence which was added to the last sentence was taken directly from the state statutes and applies to general law cities. (Discussed on 10/26/88, 11/9/88, 3/28/90, 5/30/90, 6/27/90, 7/25/90 and 8/1/90) Section 36. Meetings - Time of Section 35 was changed to Section 36. The word "Adjournments" was deleted from the title. In the first sentence, the words days and time of were added before the words "regular meeting" and the following words "held on the first and third Mondays in each month, unless such days be a legal holiday, when the meeting shall be held on the following day" were replaced by established bv the Mavor and Common Council by ordinance. Rationale: The change in title was made for clarification. The other changes allow the Mayor and Council the flexibility of changing their regular meeting date from Monday to another day of the week. (Discussed on 10/26/88, 11/9/88 and 5/30/90) Section 37. Mayor to Preside - Absence Section 36 was changed to Section 37. word "their" was changed to its. of Mayor. In the fourth line, the 10 9/14/90 o o Rationale: Council, was correction. 5/30/90) The word "their" in reference to the Mayor and changed to " its" in two places for grammatical (Discussed on 11/9/88, 12/13/89, 4/25/90 and Section 37. Second paragraph In the second paragraph, the words were deleted. In the fourth line, Common Council was changed to its. "present and" were deleted. In the was changed to council member. "absence from the City, or" "their" in reference to the In the sixth line the words seventh line, "councilman" Rationale: The changes were made in the second paragraph of Section 37 because with today's technology, absence from the City does not prevent the Mayor from communicating and giving directives. (Discussed on 11/9/88, 6/28/89, 8/30/89, 9/13/89, 4/25/90 and 5/30/90) Section 38. Investiaations and Hearinas: Subnoenas: Enforcement: Deleaation. Section 38 was added as follows: Investiaations and Hearina: Subooenas. Enforcement: Deleaation. In all investiaations or hearinas conducted by or before the Mayor and Common Council. the Mavor and Common Council shall have the Dower to issue subDoenas for the attendance of witnesses. and the Droduction of DaDers and documents before them. which subDoenas shall be sianed bv the Mayor. and such subDoenas shall be served as reauired bv law for the service of subDoenas from the SUDerior Court. and on failure. or refusal to attend or resDond as reauired by such subDoenas. the Derson or oersons so offendina shall be subiect to the same Denalties and ounishment bv said Mavor and Common Council as are ore scribed bv law for like offenders in sUDerior courts. The Mavor. or any member of the Council. may administer oaths or affirmations in the conduct of such investiaations. The authority aranted bv this section may be deleaated by the Mayor and Common Council to a standina or ad hoc committee made UD of two or more of its members. Rationale: The Mayor and Council have always had subpoena power under various provisions of the existing Charter (34, 180 and 259). Section 38 was created to enumerate subpoena power under one section and to allow the Mayor and Council to delegate subpoena power to Council subcommittees. (Discussed on 11/9/88, 11/30/88 and 5/30/90) 11 9/14/90 o o Subj~ts of Legislation Section 40. Powers of Mayor and Common Council. The introduction to Section 40 was amended by deleting "hereafter referred to as Council,". Rationale: The phrase "hereafter referred to as Council" was deleted to allow conformance with the usage of the phrase "Mayor and Common Council" throughout the Charter. (Discussed on 3/28/90 and 5/30/90) In paragraph (a) the title was amended by deleting the word "and" and adding and lease to read as follows: "Purchase, Sale and Lease of property." In the sixth line, the figure "$2,000" relative to appraised value of real property was changed to 535.000. Mavor and Common was added in the eighth line before the word "Counc il " . Rationale: From time to time the Mayor and Council may wish to lease property for city use or for income purposes. The word "lease" was added to enable the city to do so. The bid limits for real property were raised to $35,000 to be more reflective of the current market value of property. The words Mavor and Common were added to conform with the title of Mayor and Common Council, which is used throughout the Charter. (Discussed on 11/30/88, 3/28/90 and 5/30/90) Paragraphs (a) through (z) and (aa) were also amended by inserting the words The Mavor and Common prior to the word "Council" to provide conformance to language throughout the Charter. (Discussed on 11/30/88, 3/28/90, 4/25/90, 5/30/90, 6/27/90 and 9/13/90) Section 40. Paragraph (b) Police and Sanitary Regulations. In paragraph (b), fifth line, and infractions was added following the word "misdemeanors" 1 and the last phrase "although the offense constituting the misdemeanor be also a violation of the penal laws of the State." was deleted. Rationale: The changes are consistent with Section 55(d) which was approved by the voters. The last sentence was removed so that the Council does not create penalty provisions for an area occupied by the State. (Discussed on 11/30/88 and 5/30/90) Section 40. Paragraph (r) Fines and Penalties. The last sentence was amended by adding the following words as provided in said ordinance, so the sentence reads as follows: "The violation of any lawful ordinance made by the Mayor and Common Council shall constitute either a misdemeanor or an infraction as provided in said ordinance. and shall be prosecuted in the name of the people of the State of California." 12 9/14/90 o o Rationale: clear that (Discussed The term "as provided in said ordinance" penalty ~rovisions will be specified by the on 11/30/88 and 5/30/90) makes it Council. Section 40. Paragraph (s) Compensation and Removal of Officer. "Subiect to the orovisions of Section 53 of the Charter. the Mavor and Common Council" was added to the beginning of the section. The following words "policemen and other subordinates, officers and employees," were replaced by city deoartment heads~ "they" was replaced by "it"; and the last phrase "subject to the civil service provisions of this Charter" was deleted. Rationale: This section specifies that the Mayor and Common Council has the power to remove department heads. This power is set forth more specifically in Section 53 (a). (Discussed on 11/9/88 and 5/30/90) Section 40. Paragraph (t). Water The Title of Section 40, Paragraph (t) was changed from "Public Utilities" to "Water". Rationale: The title was changed to "Water" as the provisions of the paragraph deal directly with services subject to the powers and supervision of the Board of Water Commissioners. (Discussed on 11/30/88, 5/30/90 and 6/27/90) Section 40. Paragraph (u). Public Works and Utilities The title was changed from "Public Works" to "Public Works and Utilities". In the first sentence, the word "establish" was added following the word "acquire". Rationale: The title was changed to include utilities to better define the provisions of the paragraph. "Establish" was added to broaden the powers of the Mayor and Council regarding public works and utilities. (Discussed 11/30/88), 5/30/90, 6/27/90 and 9/12/90) Section 40. Paragraph (v). Construction Permit The words "or other utilities" were added to the last sentence. Rationale: The word "or other utilities" were added to allow for the construction of any other utility within the city not specifically mentioned. (Discussed 11/30/88 and 6/27/90) 13 9/14/90 o o Section 40. Paraqraph (x) Duties Not Defined. paragraph (x) was amended by replacing "other than" by .in addition to those, so that the paragraph reads as follows: "The Mayor and Common Council shall have power to prescribe by ordinance the duties of all officers whose duties are not defined by this Charter, and to prescribe for any officer, duties in addition to those herein prescribed." Rationale: Change was made for clarification. (Discussed on 11/30/88, 5/30/90 and 6/27/90)) Section 40. Paraqraph (y) Dog Tax. The words "an annual" were removed from the first sentence. Rationale: The Animal licenses on a biannual 5/30/90 and 6/27/90)) Control Division is collecting dog schedule. (Discussed on 11/30/88, Section 40 (aa) Other Powers. In the last line of this section the words "health and" were added before "general welfare of the City or its inhabitants." Rationale: The addition of "health" allows the City to have standing in court on health issues. (Discussed on 6/27/90) Section 41. System for Assessment, Levy and Collection of Taxes. The entire section was deleted. Rationale: Proposition 13 eliminated the use of this section. (Discussed on 11/30/88, 4/25/90 and 6/27/90) ARTICLE IV - EXECU'l'IVE DEPARTMENT - MAYOR Section 50. Chief Executive Officer (Paraqraph 1) In the fifth line, the words ..thirty (30) days" relative to the period of time being a qualified elector of the City were replaced by twenty-nine (29) days. In line 13, oublic was added before the word "books", so that the sentence reads as follows: "The public books, records and official papers of all departments . . .... On the sixteenth line add "as orovided bv state law" following the words "for inspection and examination". On line 18, the word ..to" was added to the sentence "Any defalcation or wilful neglect of duty or official misconduct which may be reported to or discovered by. .. Rationale: Thirty days was changed to twenty-nine days to conform to state law. The word "public" was added to specify that inspection is limited to public documents. Some 14 9/14/90 o o information, such as gross receipts of confidential and not o~en for public inspection. 1/11/89, 1/25/89, 3/28/90 and 6/27/90) businesses, is (Discussed on Section 50. Chief Executive Officer (paragraph 2) In the second line, the word "experted" was replaced by audited in reference to auditing of finances of all public departments. Rationale: The word "audited" is modern for "experted". (Discussed 6/27/90) Section 51. Appointments and Vacancies. The following sentence was deleted: "Provided that in no case where a vacancy has occurred and an appointment been made to an elective office, shall the officer hold beyond the next general municipal election at which time an election shall be held for that office so vacated to fill the unexpired term." In the tenth line of Section 51, the following phrase was deleted: " and the appointee shall hold office for the unexpired term" . The following sentence was added to the section: When a vacancv has occurred and an aooointment has been made to an elective office. an election to fill the oosition for the unexoired term shall be held in the next succeedina citv wide municioal election. and the aooointee shall hold office until the aooointee or his or her successor has been elected and aualified. Rationale: The provision for filling a vacancy was clarified. The provision for requiring the vacancy to be filled at the general election, was changed to "city wide municipal election" because San Bernardino's general elections are run-off elections and not always city wide. It is the primary election that is always a city wide election. (Discussed 1/11/89, 1/25/89, 3/28/90 and 6/27/90) In the eleventh line of Section 51, the word "Provided" was deleted and a new paragraph was established starting with the words "When a vacancy . . . Rationale: The change provided in establishing the new paragraph was done for grammatical purposes. (Discussed 9/13/90) Section 52. Contracts and Agreements. This section was amended by deleting "Power to Discharge or Suspend" from the title. Rationale: Section 52 The title was changed to reflect what provisions contains. provisions relating to "discharge and 15 9/14/90 o o suspend" are covered in other sections. and 1/25/89) (Discussed on 1/11/89 Section 53. Power to Dismiss. The title of Section 53 was amended to delete "Without Cause". In the first sentence, "Councilmen" was changed to read "council members. The beginning of Paragraph B, Section 53 was amended by adding For cause he or she, deleting "for dereliction, neglect or non- performance of duty," in the second and third lines, and changing the word "may to to in the fourth sentence, so that the paragraph reads as follows: "B. For cause he or she shall have power to discharge any City appointive officer or employee, except employees in the classified service, and to suspend any employees in the classified service pending a hearing before the civil service board." Rationale: Section 53, Subsection A is derived from old Charter Section 256 and Subsection B is derived from old Charter Section 52. The words "without cause" in the title were removed because the section deals with removal for cause as well as without cause. The words "for cause" were substituted for "for dereliction, neglect or non-performance of duty" in order to broaden the power of removal. "May" was changed to "to" to make the sentence more direct. (Discussed on 11/9/88, 1/25/89, 2/14/90, 2/28/90 and 7/11/90) City Attorney Section 55. position - Duties - Salary. Subsection (b) was amended by changing "thirty (30)" to twenty- nine (29) in the seventh line, which refers to resident and elector requirements. Rationale: In subsection 55 (b) "Thirty" was changed to "twenty- nine" to conform to state law. (Discussed 1/25/89, 2/8/89, 3/22/89, 3/28/90 and 7/11/90) Subsection (c) was amended by changing "general" tocitv wide on the fourth line, in reference to the next municipal election. Rationale: Subsection (c) References to general election were changed to city wide election - the City Attorney must be elected at a city wide election and city's general elections are run-offs which may not be city wide. (Discussed 1/25/89, 2/8/89, 3/22/89, 3/28/90 and 7/11/90) 16 9/,14/90 o o Subsection (d) was amended by adding the word civil on line twelve before the words "legal action"; and adding or review as to form and leaal content, after the word "draft" on line fourteen, which relates to ordinances and resolutions. Rationale: The word "civil" was added to exclude criminal cases. Taken literally, the present charter requires the City Attorney to draft all ordinances and resolutions. The proposed change allows the City Attorney to approve ordinances and resolutions in lieu of draftinCJ them. (Discussed 1/25/89, 2/8/89, 3/22/89, 3/28/90 and 7/11/90) Paragraph (e) was amended by replacing "less than seventy-five hundred dollars ($7,500.00)" with reduced durina his or her term of office. paragraph (e) reads as follows: (e) "The salary of the City Attorney shall be fixed by the Mayor and Common Council, but shall not be reduced during his or her term of office. He or she shall be provided with office space and equipment, and clerical help by the City." Rationale: Paragraph (e) was changed to prevent the City Attorney's salary from being "reduced" during his/her term of office. (Discussed 1/25/89, 2/8/89, 3/22/89, 12/13/89, 3/28/90 and 7/11/90) City Clerk Section 61. Qualification. The City Clerk shall have been a qualified elector and resident of the City for a period of at least twenty-nine (29) consecutive days prior to his or her appointment of filing of nomination papers for election to office. Rationale: This section was derived from old charter Section 235. With the exception of changing "thirty" to "twenty-nine", the qualifications for City Clerk remain unchanged. (Discussed on 4/12/89, 3/28/90 and 7/11/90) Treasurer Section 70. Duties. Section 70 was amended by adding the word invest following the word "receive" in the first line. The word "moneys" on the second and eighth lines was changed to monev. On the third line the word "expendi tures" was replaced by disbursements. The following sentence was added to Section 70: The Treasurer shall be the administrator of all bonds issued bv the Citv. The following portion of a sentence starting on the fourth line was removed: "... shall make a monthly statement to the Mayor and Common Council of the receipts and expenditures of the preceding month, and". . . 17 9/14/90 o o Rationale: The word "invest" was added after the word "received" and the word "expenditures" was replaced by "disbursements" to modernize the language of the charter. The language "shall make a monthly statement to the Mayor and Common Council of the receipts and expenditures of the preceding month and" was removed because it is not being done. The last sentence was added and refers to a function presently performed by the Treasurer. (Discussed on 3/22/89, 4/12/89, 5/25/89, 4/25/90, 7/11/90 and 9/13/90) Section 71. Qualification. The City Treasurer shall have been a qualified elector and resident of the City for a period of at least twenty-nine (29) consecutive days prior to his or her appointment or filing of nomination papers for election to office. Rationale: This section was derived from old charter Section 235. With the exception of changing "thirty" to "twenty-nine", the qualifications for City Treasurer remain unchanged. (Discussed on 3/22/89, 4/12/89, 5/25/89 and 3/28/90) ARTICLES V AND VI WERE RESERVED. ARTICLE VII - INITIATIVE, REFERENDUII AND RECALL Section 120. The Initiative. The sentence "The original petition may not be amended more than once." was added as next to the last sentence in the first paragraph and relates to the filing of a new petition. Rationale: The Charter requires the City Clerk to return a petition, which has failed to qualify, to the circulators so they may make another attempt to qualify the petition. The original petition may not be amended more than once. (Discussed on 5/11/89, 7/11/90 and 7/25/90) Section 121. The Referendum. The following language was deleted from Section 121: "No ordinance passed by the Common Council (except when otherwise required by the general laws of the State, or by the provisions of this Charter, respecting street improvements and except an ordinance for the immediate preservation of the public peace, health, or safety, which contains a statement of its urgency, and is passed by a two-third (2/3) vote of the Council, but no grant of any franchise shall be construed to be an urgency matter, but all franchises shall be subject to the referendary vote herein provided) shall go into effect before thirty (30) days from the time of its final passage and its approval by the Mayor; and". Immediately following this deletion, the sentence was amended to 18 9/14/90 o o read as follows: "ll during the thirty days between final oassaae of an ordinance and its effective date, a petition signed by electors of the City equal in number. . .". In the last sentence of the section, the words "the first" were deleted; Section .l2.Q. was added, so that the sentence reads as follows: "Said petition shall be in all respects -in accordance with the provisions of -S.ection 1ll of (the) this article (The Initiative) and shall be examined and certified by the Clerk in all respects as therein provided." The following sentence was added to the Section: All arants of franchise shall be subiect to this section. Rationale: There were provisions in the referendum section that pertained to ordinances in general. Those provisions were removed and placed under proposed Section 32 (f). Some other clarifications were added. The provisions for referendum remain unchanged. (Discussed on 5/11/89 and 7/11/90) Section 122. The Recall. Section 122 was amended to read as follows: "Proceedings may be commenced for recall of the holder of any elective office of this City and the election of a successor of the holder sought to be removed in accordance with aeneral law. " All other language was deleted. Rationale: This amendment substitutes general law for the existing Charter provisions on recall. Section 122, as presently written, makes recall nearly impossible. For a city wide recall, the circulators would have less than 60 days to gather 17,000 signatures. There has not been a recall since adoption of this section in 1976, but if there were, the recall would be conducted according to the conflicting provisions of this Charter, the elections code and the municipal code. General law provisions for recall are less complex. The Committee believes that recall is a fundamental right of the people, which must not be nullified by technicalities. }DiSCUSsed on 5/11/89, 6/28/89, 9/13/89, 3/28/90, 7/11/90 and 9 13/90) Article VIII Revenue and Finance Section 130. Reports and Estimates. The first sentence in Section 130 was amended by replacing "Monday in July in each year" with dav in each fiscal vear and "City Clerk" with Mavor, so that it reads as follows: "On or before the last dav in each fiscal vear, the Mavor shall transmit to the Mayor and Common Council. " 19 9/'14/90 o o Rationale: "Last Monday in July in each year" was changed to "last day in each fiscal year" to make the date coincide with the fiscal year. "City Clerk" was changed to "Mayor or his designee" to conform to what is actuallr being done. (Discussed on 3/22/89, 5/25/89, 3/28/90, 4/25/90 and 7/11/90) Section 131. Ordinance To Be Passed. Section 131 was deleted. Rationale: To remove outdated language that is no longer valid. Section 132. Ex officio Assessor and Tax Collector. Section 132 was deleted. Rationale: To remove outdated language that is no longer valid. Section 146. Water Fund. The following was added as the first sentence in Section 146: All monev received from the sale or use of water shall be deoosited into the Water Fund which shall be keot seoarate and aoart from other monevs of the Citv. The following was added to the second sentence in Section 146: for the defravina of exoenses or maintenance and reoairs and ooeration of the water system. and for any exoenses for additions to the same: and for suoolvina the City with water for any and all ourooses: exceot that the Mavor and Common Council may. in its discretion. monthlv transfer from the Water Fund to the General Fund. not more than ten oercent 110\ \ of the revenues deoosited into the Water Fund durina the orecedina month. and exceot that the Mayor and Common Council may. in its discretion. monthly transfer from the Water Fund to the orooer Bond Fund. an amount of monev eaual to one-twelfth 11/12\ of the amount which will become due and oavable durina the current year for interest on orincioal. or for interest and orincioal. uoon any or all outstandina Water Works Bonds. Rationale: The language that was added as the first sentence was derived from Section 164 and sets definite provisions regarding the accountability of the Water Fund. (Discussed 8/1/90) Rationale: The language added to the second sentence is derived from former Section 164 and provides specific guidelines as to the allowed uses of money in the Water Fund and how a portion of that money is to be transferred into the City's General Fund. (Discussed 8/1/90) 20 9/14/90 o o Section 164. Sale and use of water. Section 164 was amended by adding the phrase "exceot as 9rovided in Section 146" to the end of the first sentence. The rest of Section 164 was deleted. Rationale: The provisions of Section 164 Section 146 entitled "Water Fund" in references to the use of water funds. 8/1/90) were transferred to order to consolidate (Discussed 5/9/90 and Article X Police and Fire Departments Section 180. Powers of Mayor and Council. The first paragrapL in Section 180 was amended by deleting the word "FIRST" in the third line and adding to, so that the first sentence reads as follows: "The police and fire departments shall be under the control and management of the Mayor and Common Council who shall have power to fix and prescribe the salaries, " The words "Civil Service" in the last sentence of the first paragraph were capitalized. The paragraphs entitled "SECOND" and "THIRD" were deleted. Rationale: The word FIRST in the first paragraph was deleted because the two subsequent paragraphs labeled "SECOND" and "THIRD" were deleted, thereby making the designation of "FIRST" unnecessary. The second and third paragraphs were deleted because language was redundant, no longer applied because of changes in the law, or was covered in other sections. These deletions were basically for housekeeping purposes. (Discussed on 10/25/90, 5/9/90 and 8/1/90) Section 181. Police Department - Membership. In Section 181 the words "and other policemen" on line three were deleted, and other oolice was added before the word "officers" on line two, and "other emolovees" was added following the word "officers, so that the section reads as follows: "The Police Department shall consist of a Chief of Police, and such other 90lice officers and emolovees as the Mayor and Common Council may from time to time determine." Rationale: The language was changed to clarify the meaning and to include non-sworn employees as well as sworn employees. (Discussed on 5/9/90, 8/1/90 and 9/13/90) 21 9/14/90 . o o Section 183. Fire Department - Hembership. Section 183 was amended by deleting the word "Engineer" in the second line, deleting "drivers, hosemen" in the third line and adding Un before the word "Chief" in the second line and adding fire fiahters in the third line, so that the section reads as follows: "The Fire Department shall consist of a r..i.n Chief and as many assistants, fire fiahters and other employees as the Mayor and Council may determine. Rationale: The titles of certain updated to more appropriate usage. 5/9/90 and 8/1/90) fire personnel (Discussed on have been 10/25/89, Section 186. Salaries. FIRST: Classification Class of Position In the chart showing positions, the following changes were made: In the first item under "Fire Department" "Firemen" was changed to Firefiahters: in the second item, "Fire Prevention Inspectors" was changed to Fire Investigators; in the fourth item, "Captains, Assistant Fire Prevention Engineer" were deleted and replaced by Caotain; in the fifth item "Drill Master, Fire Prevention Engineer" were deleted, leaving only "Battalion Chief"; in item six, "Assistant" was changed to Deoutv. In the first item under "Police Department" "Patrolman, and Policewoman" were changed to Police Officer. Rationale: The changes were made in various titles Police and Fire Departments to conform to current (Discussed on 3/22/89, 3/28/90, 10/25/89 and 8/1/90) in the usage. Section 186. SIXTH: Definitions In paragraph (a) the language was changed as follows: "Shift" means a 24-hour duty for the Fire Department, except for the positions of fim Chief, ("Assistant" was deleted) Deoutv Chief and local and local safety members working in the Fire Prevention Bureau, and such other local safety positions as may hereafter be granted a forth (40) hour average work week by resolution of the Common Council. Rationale: Job titles were updated to conform to present usage. (Discussed on 3/22/89, 10/25/89 and 8/1/90) 22 9/14/90 o o Article XII Free Public Library Section 205. Trustees - Terms. Section 205. Trustees - Terms. was amended by deleting the following language, beginning on the fourth line: "first Board of Trustees under this Charter shall take office on the second Monday of May, 1905, and shall at their first meeting so classify themselves by lot that three of their number shall go out of office at the expiration of two years, and two at the expiration of four years; otherwise their". . .; and replacing that language with the following: "term of three of the Trustees shall commence on the first Tuesday after the first Mondav of June in 1993 and the term of two of the Trustees shall commence on the first Tuesdav after the first Mondav of June in 1991. The. . . of the Trustees. "Also deleted from the thirteenth line were the words "second Monday in May" and replaced by "first Tuesday after the first Monday in June" . . . Section 205 now reads as follows: "The Free Public Library shall be under the management of a Board of five Trustees who shall be appointed by the Mayor subject to the approval of the Common Council; provided, that the term of three of the Trustees shall commence on the first Tuesday after the first Monday of June in 1993 and the term of two of the Trustees shall commence on the first Tuesday after the first Monday of June in 1991. The term of office of the Trustees shall be four years. On the first Tuesday after the first Monday in June succeeding every General Municipal election, the Board shall organize by choosing one of their number President. They shall also elect some suitable person as Secretary who shall act and hold office at the pleasure of the board. Rationale: The language which referred to the 1905 date was changed to bring provisions up to the present time. The current expiration dates of terms of office are portrayed accurately as being in 1991 and 1993. The change from "May" to "June" provides that the terms coincide with the Mayor's term, who is the appointing authority. While these provisions do not specify that the present incumbents shall serve out their terms plus one month, it was suggested that this could be taken care of by resolution of the Council. (Discussed on 4/12/89, 10/25/89, 5/9/90, 5/23/90 and 8/1/90) Section 207. Library Tax. Section 207 was deleted. Rationale: This section was deleted due to the effects of Proposition 13. (Discussed on 3/28/90, 4/25/90 and 8/1/90) 23 9/14/90 o o Section 209. Title to Real Personal property. The following language was deleted from the last sentence in the section: "and in the name of said City may be sued for defendant by action at law, or otherwise." Rationale: The language was deleted because it was redundant. Discussed 10/25/89, 11/8/89and 8/1/90) Article XII-A Park and Recreation Commission Section 213 Section 214 Section 215 Section 216 Section 217 Section 219 All sections regarding the Park and Recreation Commission were deleted. Rationale: The provJ.sJ.ons relating to the Park and Recreation Commission were eliminated so that this commission could be regulated by ordinance in the same manner as other commissions. (Discussed on 11/8/89, 11/29/89, 5/9/90 and 8/1/90) Article XIII CIVIL SERVICE Section 246. Civil Service Board - Appointment. The following language was deleted from Section 246, starting on the fourth line: "The three members in office on the First Monday in May, 1959, shall continue to serve for the remainder of their respective terms. On July 1, 1958, or as soon thereafter as this Charter amendment becomes effective, the Mayor, with the consent and approval of the Council, shall appoint one member to serve until the first Monday of May, 1959, and one to serve until the first Monday of May, 1961, and thereafter, by rotation in the following manner: Two members shall be appointed on the first Monday of May, 1959, two on the first Monday of May, 1961, and one on the first Monday of May, 1963; each for a term of six years. On the first Monday of May, 1965, and every odd numbered year thereafter,". Following this deletion, the following was added: On the first Mondav of June in each odd numbered vear.. In line 20, "May" was replaced by.J:.lm&. The following sentences were added, starting on line twenty-one: The term of one member shall commence in 1991. two members in 1993 and two members in 1995. and said terms shall continue thereafter in like manner. Anv aooointment followina a death. resianation or other vacancy shall be for the unexoired term. 24 9/14/90 o o Rationale: Outdated language establishing the terms of office of the Civil Service Board was deleted, and new language added to insure the staggering terms of office for the board in the future. Language was also changed to indicate that terms of office begin and end on the first Monday in June rather than in May to coincide with the term of the Mayor who is the appointing authority. (Discussed on 9/13/89, 1/10/90, 1/24/90, 3/28/90, 5/9/90 and 8/1/90) Section 247. Civil Service Board to Organize. The Title of Section 247 was amended by adding the word Board and deleting "and Appoint Secretary.: The last sentence in Section 247 was deleted as follows: "The Board shall appoint a Chief Examiner who shall also act as Secretary of the Board. The Board may appoint such subordinates as the City Council may, by ordinance, prescribe." Rationale: The offices of Chief Examiner and Secretary and the power of the Board to appoint subordinates have been eliminated so that the Civil Service and Personnel Departments can be combined. (Discussed on 6/28/89, 8/16/89, 8/30/89, 9/13/89, 9/27/89, 10/11/89, 11/29/89, 12/13/89, 1/10/90, 1/24/90, 2/28/90, 5/9/90 and 8/1/90) Section 248. Classified and Unclassified Civil Service. In the first sentence of Section 248, "Civil Service" was deleted and emo10yees was added; and in the same sentence "is" was replaced by ~. Rationale: The word "employees", which replaced "Civil Service", better describes individuals rather than the generic designation of Civil Service. (Discussed on 1/24/90, 5/23/90 and 8/1/90) Section 248 - Paragraph (1) lIat". paragraph (1) (c) (c) was amended by changing the word "during" to Rationale: Correction in grammar. and 8/1/90) (Discussed 1/24/90, 5/23/90 Section 248 - paragraph (1) (d) Paragraph (1) (d) was amended by adding "provided that for the ourooses. of this subsection divisions of deoartments shall be formally established by the Mayor and Council by resolution;" 25 9/,14/90 o o Rationale: In the present Charter, there are no specific regulations regarding the establishment of divisions within departments of the City. The additional language establishes authority for such designation by resolution of the Mayor and Common Council. (Discussed 1/24/90, 5/23/90 and 8/1/90) Section 248 - paragraph (1) (e) Paragraph (1) (e) was amended to read: (e) One secretary for each department, when such oosition is desianated unclassified bv the Mavor and Common Council: Rationale: The present language in paragraph (1) (e) might be construed to mean that one secretary for each department could become an unclassified employee, which is not an accurate assessment. The additional language provides specific authority to the Mayor and Council to specify which secretarial positions will be designated unclassified. (Discussed on 1/10/90, 1/24/90 and 8/1/90) Section 248 - paragraph (1) (f) Paragraph ( 1) ( f ) was added, as follows: " ( f) management employees as are designated by the Mayor Council by resolution; Such other and Common Rationale: Paragraph (1) (f) was added to provide flexibility to the Mayor and Common Council to determine which management employees, not already specified, shall be designated as unclassified. (Discussed on 1/24/90, 5/23/90 and 8/1/90) Section 248 (2) Section 248 (2) was amended by deleting the following: "There shall be in the classified service, the following three classe~, to be known as the competitive class, the uncompetitive class and the labor class. The paragraph now reads as follows: "The classified service shall comprise all positions not specifically desianated in this Charter in the unclassified service." Rationale: Language relative to the classified service was deleted as the Civil Service Board has the authority to determine what testing and qualifications are required for positions without specific language in the Charter to set forth those requirements. (Discussed on 1/10/90, 1/24/90, 5/23/90 and 8/1/90) Section Section deleted. 248 (2), Paragraphs (a), (b), (c) 248 (2) Paragraphs (a) I (b), (c) I as follow, were 26 9/,14/90 o o (a) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examinations. (b) The uncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character, or may be determined by the rules of the Board. (c) The labor class shall include ordinary unskilled labor. Rationale: These subsections were deleted as the Civil Service Board has the authority to determine what testing and qualifications are required for positions without specific language in the Charter to set forth those requirements. (Discussed 1/24/90 and 8/1/90) Section 249. Veteran~ Preference. The title of Section 249 was amended by making the word Veteran Plural possessive. In the first sentence, the following was deleted: "administered by the Civil Service Board or its Board of special Examiners or Chief Examiner," 50 that the sentence reads: "In any open examination, any person who has served in the regular armed forces of the United States of America. . ." In the ninth line, the word "grade" was deleted; in line eleven, ill was added; in line thirteen, "of" was replaced with W in line fifteen, the word "examination" was deleted. In line twenty-two, the following was deleted: "the phrase 'in time of war' in its rules and regulations and such definition shall include each war and any campaign involving the United States for which the federal government allows veterans preference" and the following added in its place: service in time of war in its rules and reaulations so as to include all service for which the federal aovernment allows veterans' oreference. Rationale: The changes to this section meaning of service in the time of war. 1/24/90, 2/14/90 and 8/1/90) were made to clarify the (Discussed on 1/10/90, Section 250. Codes of Rules & Regulations. Section 250 was amended by removing the following from the last sentence: ". . . of this article and. . ." Rationale: This change was made to eliminate redundant language. (Discussed on 1/24/90 and 8/1/90) Section 251. Examinations. This section was amended by deleting the following words from the beginning of the paragraph: "The examiners shall approve" and adding the words "shall be conducted" after the words 27 9/14/90 o o "classified service, and adding the word ".!!.ll.:. before the word "regulations" so that the first sentence reads as follows: "Examinations for all positions in the classified service shall be conducted in accordance with all regulations of the Civil Service Board." In the fourth line of this paragraph, the following words were eliminated: "and shall maintain". On line four a new sentence begins with: "Lists". The following words were deleted starting on line four: "of each class of service of these. "The following language was added to line six: "shall be maintained". The following language was deleted from the end of the paragraph: "In making such appointment, preference shall be given to bonafide residents of the City of San Bernardino who have been such residents for at least one year next preceding the date of their appointment, and who are, on said date, qualified electors of said City; subject, however, to the preference provided for in Section 249 of this Charter. As positions are filled, the examiner shall certify the fact by proper and prescribed" and the following language was inserted: "Notification of the prooer fillina of all vacant positions in the classified service shall be certified in written form..." At the end of the paragraph the word department was made plural to departments and the word "the" and "vacancy" were deleted. These words were replaced with the following words: such positions. Rationale: The provisions relating to giving preference to City residents were removed because it is unconstitutional to require that a City employee live within the City limits. Other language changes were for clarification. (Discussed on 1/24/90, 8/1/90 and 9/13/90) Section 253. Probation. The title in this section was amended to read as follows: Probation. In the third line the following words were deleted: "of not more than one year" and "which shall not exceed one vear for promotional probation." was added at the end of that sentence. In the next sentence, the words "upon recommendation of" were deleted and "~ was added. The words "with the approval of a majority of the Civil Service Board" were deleted. The following language was added "The dismissal of a probationarv emplovee who is on probation due to a promotion from a permanent position is subiect to the riaht of appeal to the Civil Service Board. provided that anv employee may be suspended without pay pendina the Board's determination of the appeal. The Board. in its discretion. and considerina all factors. shall haye power to reinstate the employee to his or her previous permanent position. but shall have no power with reaard to the dismissal from the probationarv position." 28 9/'14/90 " . o o Rationale: The language in the first sentence of the paragraph relative to promotional probation was added to indicate that when a promotion is received, the probation period begins again. (Discussed on 1/24/90, B/1/90 and B/22/90) Rationale: The language ". . . with the approval of a majority of the Civil Service Board" in the seventh sentence was deleted, as the Charter as written gives more rights to employees on probation than it does to employees who have passed probation in that the Board has to approve removal of the probationary employee. (Discussed B/1/90 and 8/22/90) Rationale: New language was added to the end of Section 253 to indicate changes which are designed to subordinate the rights of probationary employees to the rights of the permanent employees. Experience has shown that the power has not been abused because the Civil Service Board has not reversed the removal of probationary employees by departments. (Discussed 8/22/90) Section 254. Discharge or Reduction of Compensation. In the third line a comma was inserted after the word rank. and the word 1n was inserted. In line seven, the following language was inserted: orovided that an emolovee mav be susoended without oav oendina the Board's determination of the aooeal. At the end of the paragraph, Section 256 was changed to Section ~. Rationale: The language in this section was changed to provide that the employee may be suspended without pay during the period of suspension, as the hearing is sometimes delayed for 30 days or more. It also provides that the employee's suspension is in place until his hearing before the Civil Service Board. Former Section 256 was deleted, and its provisions moved to a newly established Section 53. (Discussed on 2/14/90 and 8/22/90) Section 255. Appeal of Suspension. Starting on line seven, the following language was inserted: gng determined bv the Board or bv a hearina officer desianated bv the Board. orovided that all aooeals of dismissals shall be heard and determined by a hearina officer desianated bv the Board. The judgment of the hearina officer or the board shall be final. The last sentence was amended as follows: the words "provided that" were deleted along with the words "at all times". The last sentence reads as follows: "The provisions of this section are subject and subordinate to the provisions of Section 53." Section 256 was changed to Section 21. Rationale: The provisions relating to the use of hearing officer were added to relieve the Civil Service Board and City Attorney's Office from expending a great many hours on hearings. (Discussed on 1/10/90, 2/14/90, 2/2B/90 and 8/22/90)) 29 9/14/90 '. ' o o Section 256. Power of the Mayor to dismiss. This section was deleted. Rationale: provisions of Section 256 were moved to a newly created Section 53. (Discussed on 11/9/88, 2/14/90, 2/28/90 and 8/22/90) Section 257. position in Classified Service. This section was deleted. Rationale: This section was deleted because its language applied to conditions at the time the Charter went into effect in January, 1905. (Discussed on 2/28/90 and 8/22/90) Section 258. Payment of Salaries. In the fifth line of this section, the words bv its SecretarY were deleted. Rationale: unnecessary. The language "by its Secretary" was (Discussed on 2/28/90 and 8/22/90) deleted, as Section 259. Investigations. In the second line of this paragraph the word "it" was deleted and replaced with the following words: the Board. Rationale: "The Board" was substi tuted for clarification. (Discussed on 2/28/90 and 8/22/90) "it" for ARTICLE XIV - MISCELLANEOUS Section 270. Fiscal Year. (Previously Section 220) Rationale: No changes were made in the text of this However, a new ARTICLE XIV Miscellaneous was created miscellaneous sections were relocated under this (Discussed 11/29/90 and 8/22/90) section. and all Article. Section 271: City Defined. (Previously Section 221) Rationale: No changes were made in the text of this However, a new ARTICLE XIV Miscellaneous was created miscellaneous sections were relocated under this (Discussed 11/29/89 and 8/22/90) section. and all Article. 30 9/14/90 " ' o o Section 272. Oath of Office. (Previously Section 222) Rationale: No changes were made in the text of this However, a new ARTICLE XIV Miscellaneous was created miscellaneous sections were relocated under this (Discussed 11/29/89) Section 273. Ordinances in Force. (Previously Section 223) Rationale: No changes were made in the text of this However, a new ARTICLE XIV Miscellaneous was created miscellaneous sections were relocated under this (Discussed 11/19/89) Section 225. Restrictions on Officers. This section was deleted. section. and all Article. section. and all Article. Rationale: This section was deleted as there are very rigid conflict of interest laws and rules of compatibility that cover these provisions, which makes this section unnecessary. (Discussed 11/29/89) Section 275. Delivery of Property. (Previously Section 226) Rationale: No changes were made in the text of this However, a new ARTICLE XIV Miscellaneous was created miscellaneous sections were relocated under this (Discussed 11/29/89) Section 276. Office hours. (Previously Section 227) Rationale: No changes were made in the text of this However, a new ARTICLE XIV Miscellaneous was created miscellaneous sections were relocated under this (Discussed 11/29/89) Section 277. Deposit of Honey. (Previously Section 229) Rationale: No changes were made in the text of this However, a new ARTICLE XIV Miscellaneous was created miscellaneous sections were relocated under this (Discussed 11/29/89) section. and all Article. section. and all Article. section. and all Article. Section 278. Term of Office. (Previously Section 230) Section 278 was amended to read as follows: "Every appointive or elective officer (other than Council oersonsl shall hold office 31 9/14/90 '. . o o during the term prescribed by this Charter, and until his or her successor is elected or appointed and qualified, and every appointive officer or employee, except employees in the classified service, whose term is not fixed, shall hold office during the pleasure of the officer or board appointing him Ql;: hln: and when an appointment is made to fill a vacancy in an unexpired term, the person appointed shall, if it be an appointive office, hold for the unexpired term and if for an elective office until a successor is chosen at the next succeeding citv wide municipal election at which time the office shall be filled for the balance of the term." Rationales (Other than Council persons) was added because if a vacancy occurs in the Council, the Mayor would make an appointment and Council would confirm the appointment. The last sentence was amended to provide that the position of an elective office would be chosen at a city wide municipal election, rather than an election in which only certain wards were voting, and that a successor was actually chosen, and not subject to a run- off election. (Discussed 11/29/89 and 8/22/90) Section 279. Reimbursement for Expenses. (Previously Section 234) Section 279 was amended to read as follows: "Elective officers shall be entitled to receive reimbursement from funds budaeted for that ouroose for their necessary expenses while engaged on Municipal business, including mileage, ("in the City of San Bernardino" was deleted) such expenses not to exceed the expenses authorized for other City employees or officers." Rationale:" from funds budaeted for that puroose" was added to clarify the source of funds for reimbursement for expenses and to reinforce Council control over travel expenses. ". . . in the City of San Bernardino" was deleted from the fourth and fifth lines, so that mileage reimbursement was not limited to travel within the City limits. (Discussed 11/29/89 and 8/22/90) Section 280. Public Employees Retirement. (Previously Sections 234 (a) and 234 (b) Section (a) On the second replaced by Public. and fifth lines, "State" was Section (b) The first word in the sentence began with ~. replaced by Public. the Section "That" was deleted and In the second line, "'State was Rationale: These changes were made to correctly identify the title of the Public Employees Retirement System. The change at the beginning of Paragraph (b) was a grammatical correction. The 32 9/14/90 . .. '" o o section change was made because a new ARTICLE XIV Miscellaneous was created and all miscellaneous sections were relocated under this Article. (Discussed 8/22/90 and 9/13/90) Section 234(c) Section 234 (c) regarding taxes for the State Employees Retirement System was deleted. Rationale: Section 234 (c) was repealed by voters in June, 1989. (Discussed 8/22/90) Section 235. deleted. Qualification of Officers. This section was Rationale: This section was deleted, as its prov~s~ons are contained in newly created Sections 61 and 71. (Discussed 11/29/89 and 8/22/90) Section 238. Power to Reject Bids and Re-Advertise. section was deleted. This Rationale: guidelines (Discussed This section was deleted because current law provides for the rejection of bids and re-advertising. 11/29/89 and 8/22/90) Section 240. Taking or Damaging Private Property. This section was deleted. Rationale: may acquire any of its deleted as 1/10/90 and Government Code Section 37350.5 provides that "A City by eminent domain any property necessary to carry out powers or functions." Therefore, the section was beinl;1 unnecessary. (Discussed 11/29/89, 12/13/89, 8/22/90) Section 281. 241. Employment of Legal Counsel. (Previously Section Rationale: No changes were made in the text of this However, a new ARTICLE XIV Miscellaneous was created miscellaneous sections were relocated under this (Discussed 11/29/89 and 8/22/90) section. and all Article. Section 282. Qualification of City Employees and appointment. (Previously Section 242) Rationale: However, a No changes were made in the text of this section. new ARTICLE XIV Miscellaneous was created and all 33 9/14/90 , .n .. o o miscellaneous sections were relocated under this Article. (Discussed 8/22/90) Section 283. 244) When Charter takes effect. (Previously Section Rationale: No changes were made in the text of this However, a new ARTICLE XIV Miscellaneous was created miscellaneous sections were relocated under this (Discussed 8/22/90) section. and all Article. * * * * * * * * * * Note: The Committee discussed the City Manager Form of Government on 6/28/89, 1/24/90 and 4/25/90. 34 9/14/90