HomeMy WebLinkAbout41- Mayor's Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Judith Valles, Mayor Subject: Discuss and take possible
action relative to the recommendations
of the Charter Review Committee.
Dept: Mayor's Office
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Date: July 13, 2000 ' ' 3 �W$
Synopsis of Previous Council Action:
June 8, 2000 Charter Review Committee Workshop
Recommended motion:
Discuss and take possible action.
Signature
Contact person: Mayor Valles Phone: 5133
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
-I/J,412000
Agenda Item No. "T
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Motion to reject all bids submitted in response to Bid No.F-01-15 for auto parts and supplies; and
to direct the Purchasing Manager to revise the bid specification and to re-bid for these services.
BACKGROUND
Notices inviting bids for FY 2000/2001 annual purchase order of automotive parts and supplies,to
be utilized by the Fleet Division,were mailed to vendors, San Bernardino Area Chamber of
Commerce, advertised in The Sun newspaper and the City Web page. Bidders were required to bid
on various automotive parts and supplies as specified on Bid-No.F-01-15. As a result of this bid
process, staff has determined that bids submitted from responding vendors were incomplete and
unacceptable. None of the bidders met the minimum specifications required in the RFQ F-01-15:
Health Master bid for only 8.5% of items listed;Mighty Auto Parts proposed substitutions of brands
on part items that were listed in the specification as "No Alternate" and bid on only half of the
items;Napa Auto Parts submitted"No Bid" on the most crucial parts of the list and did not
respond to our delivery criteria.
Municipal Code section 3.04.070E states that"At its discretion,the Mayor and Common Council
shall have the power to reject any and all bids presented and re-advertise for bids". Staff is therefore
requesting authorization to reject all bids submitted under Bid No. F-01-15, and to authorize the
Purchasing Manager to revise the bid specification and to re-bid for these services.
RECOMMENDATION
That the Mayor and Common Council approve a motion authorizing the rejection of all bids
received in response to Bid No.F-01-15; and to direct the Purchasing Manager to revise the bid
specification and to re-bid for these services.
COUNCIL WORKSHOP
MONDAY, JULY 24, 2000
Good morning Mayor and members of the Council, thank you for the opportunity to
speak to you about some very serious concerns I have regarding the proposed"new"
charter. First, I want to thank the Charter review committee, a group of hard working and
dedicated citizen volunteers, and specifically Jim Morris, the CO-Chair, for allowing me to
participate in their discussions since the beginning of this year.
My strongest disagreement with the committee is on the issue of the Civil Service
system and Civil Service Board. I served on the Board from July 6, 1993 to October
26,1999 and was the Chairman for five consecutive years.
The Board and Civil service system was created by the voters in a special election held
on November 24, 1924. It is governed by a set of rules and regulations approved by
the Mayor and Common Council on December 7, 1959. Since then, these rules an
regulations have been amended several times but none since 1982.
The Civil Service System is administered by an independent and autonomous
Department composed of the Chief Examiner, two full time and two, part time employees
who have done an outstanding job.
The Department relies on the Mayor and Common council only for its operating budget
and is supervised by an independent and autonomous Board of five unpaid volunteers
appointed by the Mayor with Council approval, for a term of six years. Department staff
provide pre-employment testing/certification services for classified City and water
Department employees, administer and interpret the rules and regulations, certifies the
City and Water Department payrolls, monitors and schedules pre-employment medical
examinations, monitors examinations, schedules and provides support services to the
Board in disciplinary hearings, etc.
The Board on the other hand, hears disciplinary appeals, and appeals on the
interpretation of the rules and regulations, testing procedures, hiring practices,
discrimination based on civil rights violations, promotional denials,job descriptions, unfit
for duty claims, etc.
Contrary to the Mayor's opinion that the system is not working and needs fixing, it
has served citizens of San Bernardino, City Departments, and city
employees very well for 76 years. Are there problems with the system that need
correction? Yes. Does the Department need to be eliminated?No.
The recommendation that the Board be retained as an independent and autonomous
body but the Department be eliminated or absorbed by another department under the
jurisdiction of the Mayor, is too troubling. The Board will be limited to
basically hear disciplinary appeals, thus the name change to the Civil Service Board of
Appeals.
If the system is placed under the Mayor's jurisdiction who is also the appointing
authority, and implemented and monitored by his or her subordinate, the Human Services
Director, how are employees going to be protected and insulated from the political body,
cronyism,appointed officials and administrative manipulation?Who or what is going to
serve as the check and balance for the new proposed Personnel System? Aside from the
claim that it is going to be more efficient, how is it going to be in the best interest of the
City and employees and less costly?
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COUNCIL WORKSHOP
MONDAY, JULY 24, 2000
While the committee rescinded its original recommendation to eliminate the Civil
Service Board, it also stripped it of its other check and balance powers and I hope the
voters will retain it and the Department as an independent and autonomous body from
political interference. Only three of the 15 sections in the current charter pertaining to
Civil Service, have been amended since 1924, and none since November 5, 1974.
Obviously, the voters of this City have been satisfied with the independence and autonomy
it gave to the system.
I do not support an appointed City attorney. While I wavered back and forth on this
issue for several months, I am now convinced that the position has to remain elective. I
like its vital "watch-dog" function and want it to remain insulated from the control and
political pressures of the Mayor and Council. I also like the check and balance of the
position and it should remain accountable only to the electorate.
I do not support an elected City Prosecutor. I believe this is an unnecessary additional
layer of bureaucracy and potentially too expensive to the tax payers. How is this position
going to impact the general fund budget due to the potential cost increases of maintaining
two separate legal staffs, support personnel, office space and related equipment? What
about the spill over effect and potential conflict that may arise between an elected
prosecutor and appointed city attorney?What kind of guarantee can the tax payers be
given that the County District Attorney is not going to dump all of his misdemeanor and
penal code violations for prosecution by the city because of his burden to prosecute
felonies? How is the city going to deal with this potential impact on the general fund
budget? Is it going to be at the expense of employee cut backs, reduction in services, or
increases in taxes or utility bills?
I had also wavered back and forth regarding section 186 of the current Charter but after
weighing the pros and cons, I disagree with the committee's recommendation to delete it
from the Charter. This provision has served the city well since its adoption by the voters in
1955 because it has been a good tool to attract and retain qualified and well trained police
and fire officers.These officers risk their lives on a daily basis for our protection and
should be given some guarantee that their life is worth the compensation. I realize this may
not be fair or equitable for general employees but we do not ask them to place their life at
risk and provide the same level of service as we do of police and fire officers. I do not
accept the rationale that the provision needs to be eliminated because it ties the hands of
the Mayor and council during budget deliberations. Its elimination could potentially create
more labor problems when new contracts have to be negotiated.
Regarding the proposed salary increases for the Mayor and Common Council, I am
not particularly opposed to the recommendation and my wife and I will probably vote for
it if we are told how these raises will impact the general fund budget, even if the
impact is"minuscule."
I don't understand why the office of the City Administrator has to be in the Charter
because the position was established by Ordinance MC-839 and approved by the
Common Council on June 11, 1992. Since this person is confirmed by the Council and
serves at the pleasure of the Mayor, will his or her removal also be confirmed by the
Council? Section 405 is not clear.
I
2
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COUNCIL WORKSHOP
MONDAY, JULY 24, 2000
My concern regarding the proposed Salary Review Committee is that it gives the
perception of a conflict of interest. The proposal is for the Mayor to appoint the seven
members subject to confirmation by the Council. Since the committee will be responsible
to determine the salary and benefits of the Mayor and other elected officials, doesn't this
create a conflict?What happened to the recommendation once suggested by the Charter
Review committee that appointments be made by a three member panel of Superior
Court Judges? I believe this is a much better method and I am disappointed the committee
did not pursue this option.
I am concerned that the proposed charter gives the Mayor too much power and almost
complete and absolute authority over all, if not most, city business and employees. I
believe in a strong Mayor form of Government but it must be tempered with a strong
check and balance system to prevent abuse by the office holder, and this is not in the
proposed charter.
Finally, I don't intend my comments as an indictment against the hard work the
committee has done or against the good work the Mayor and Common Council are trying
to do to improve the quality of life for the citizens and residents of the city. I simply
disagreed from the very beginning of the process that reinvented the wheel by
writing a brand new Charter. As my wife asked, why not fix the spokes in the wheel theit
are broken and leave alone those sections that have worked well for 95 years?
Thank you for your patience, time and attention.
Oscar C. Gonzalez
909-889-7065
Email: oscandshir @cs.com -A 'sue �c{-1-2
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GRESHAM, SAVAGE,NOLAN & TMDEN, LLP
A REGISTERED LIMITED LIABILITY PARTNERSHIP
LAWYERS•FOUNDED 1910
600 N.ARROWHEAD AVENUE,SUITE 300
FOR THE FIRM SAN BERNARDINO,CALIFORNIA 92401-1148
Alhm B.Gresham (909)884-2171-FACSIA4ILE(909)888-2120 WILLIAM GU ME(1X86-1947)
DONALD W.JORDAN(1907.1999)
JOKN 8.LONERGAN(RETIRED 1976)
July 17, 2000
Mayor Judith Valles
City Attorney James F. Penman
City of San Bernardino
City Hall
300 North "D" Street
San Bernardino, CA 92418
Re: Proposed City Charter
Dear Mayor Valles and Mr. Penman:
Pursuant to your requests, our law firm has reviewed the July 10, 2000 proposal for a new
San Bernardino City Charter as well as the existing Charter. Additionally, we have reviewed the
June 30, 2000 letter from Gregory W. Stepanicich and have met with attorneys with the City
Attorney's Office. We very much appreciate the opportunity to participate in this important
matter and hope that our comments will prove to be of assistance to you.
Following are our comments and/or questions that resulted from our review. Please note
that they are directed to the proposal that is dated July 10, 2000:
Sec 201:
The City may sometime wish to participate in intergovernmental actions with foreign
governments or cities, such as its "Sister City" of Tachikawa, Japan. The current wording
does not appear to permit that since it limits itself only to non-foreign governments. We found
no similar limiting language in the existing Charter.
Sec 301:
In order to avoid the potential for "gerrymandering", it may be appropriate to add
language to indicate that, where possible, Wards will not consist of long narrow strips, or
detached pockets.
Sec 302:
Although it is likely that voters may seek elected representatives that possess the
maturity that frequently comes with age, it is unclear why someone under the age of 25 years
is automatically ineligible for election to the Common Council.
7.2 /b O
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Riverside Office•3403 Tenth Street,Suite 518,Riverside,CA 92501•(909)684-2171•Facsimile(909)684-2150
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GRESHAM, SAVAGE, NOLAN &TILDEN, LLP
.Wen B.Gmb m
Mayor Judith Valles
City Attorney James F. Penman
July 17, 2000
Page 2
Sec 304:
Does the ability of the Common Council to investigate "any city...office..." include the
right to investigate the Mayor? If such is intended, it might be appropriate to specifically so
indicate in order to avoid any possible later uncertainty.
Sec 305:
This section requires a minimum of 4 Council votes to enact an Ordinance or authorize
the "payment of money", but only requires a majority of a quorum to validly enact all other
legislation. A quorum is 4. The majority of a quorum is 3. Thus, all non-monetary
Resolutions and Orders could pass with less than one-half the vote of the entire Council. This
differs from the existing Charter which requires at least 4 affirmative votes (Sec 31).
Sub-part B uses the term "business days". Although that term is generally understood,
it might be better to set out a specific definition. Indeed, an entire Article relating to
"definitions" might prove to be of benefit.
Sub-part B also notes that "Approval of the Mayor shall not be re4uired for emergency
ordinances...". No definition is set forth for "emergency". Although the existing Charter also
does not define "emergency", it might be wise to require that there be a "super-majority"
vote - such as 5 out of 7 Council - votes in order to declare an "emergency" to offset the lack
of review by the Mayor.
Sub-part C requires the "return" to the Council of an action disapproved by the Mayor
even if 5 or more Council votes approved it initially. This differs from the existing Charter
and could slow the implementation of new legislation.
Sec 310:
The employees working specifically for the Council apparently are intended to serve at
the "will" of the Council. As such, they appear to be capable of being terminated "without
cause", and to serve without the protections and procedures of Article XX - "Civil Service".
However, it may be wise to note this exception in order to avoid any potential ambiguity in the
future.
GRESHAM, SAVAGE, NOLAN&TILDEN, LLP
Allen 8.Gresham
Mayor Judith Valles
City Attorney James F. Penman
July 17, 2000
Page 3
Sec 401:
Here again, it is unclear why someone between the age of 18 and 30 years is absolutely
excluded from serving as Mayor. Could a person under the age of 30 be a Mayor Pro-
Tempore? This age limitation apparently comes from the existing Charter but perhaps need
not be continued.
Sec 403:
Sub-part B deals with the "staff" of the Mayor. As with Sec 310, it might be
appropriate to specifically note that such employees are exempt from Article XX.
Sec 404:
Is the Mayor's appointment of a Mayor Pro-Tempore an appointment that endures
during the Mayor's entire 4-year term unless earlier revoked, or is it an appointment that is to
be renewed at more frequent intervals?
Sec 405•
Under this section, the Mayor a oints, and the Council confirms, the appointment of a
City Administrator. However, only the Mayor may remove the Administrator. Is the Council
to have any "say" in the Administrator's removal? The Mayor, by Executive Order, is to set
out the duties of the Administrator. Nevertheless, does Sec 403K allow the Council to rescind
any such Executive Order?
Sec 501:
Here again, the question of automatic age exclusion is presented.
It is noted that under the existing Charter, the position of City Clerk, City Attorney and
City Treasurer are all elected positions, apparently in an effort to maximize the concept of
checks and balances. Under the proposed Charter the positions of Treasurer and Attorney are
no longer elective but are appointive. A question is presented as to why the particular office of
City Clerk was selected as the position to remain elective.
Sec 503:
Are Deputy City Clerks to serve at the "will" of the City Clerk, or are they to be
subject to the provisions of Article XX - "Civil Service"?
GRESHAM, SAVAGE, NOLAN &TILDEN, LLP
Allen B.Gresham
Mayor Judith Valles
City Attorney James F. Penman
July 17, 2000
Page 4
Sec 600:
In a change from the existing Charter, two separate offices are created: one, the City
Attorney; and the other, the City Prosecutor; who, in combination, are apparently to do what
is now done by the City Attorney. The "new" City Attorney is appointed by the Mayor, while
the City Prosecutor is to be elected. Both functions are to have separate deputies who are
licensed attorneys, but who will work for separate "bosses".
Since two separate legal staffs will exist - one for the City Attorney, and one for the
City Prosecutor - a potential for greater cost exists since the cross-over of duties now existing
with the legal staff of the single office of City Attorney would not continue.
The City Prosecutor is to prosecute criminal charges, while the City Attorney
presumptively would be the one handling civil matters (although this is not clear). Frequently,
particularly in matters of municipal concern, a civil remedy is available to be pursued in lieu of
criminal prosecution. Here, the existence of the two separate offices would require
coordination, joint decisions and delays in matters important to the City. We are aware of only
a few California cities that have such a divided legal function (Long Beach and Pasadena are
two of them), however, there we understand that both offices are filled by election (Long
Beach) or both offices are filled by appointment (Pasadena).
Who is to represent the City when it is sued'? This is covered in the existing Charter,
but not in the proposed Charter. `
It should also be pointed out that it is possible that a City Attorney hired by the Mayor,
and confirmed by the Council, may not be as unrestricted in the presentation of his or her legal
guidance as one who is elected and thus independent from them.
It was noted that the experience requirements set forth for the proposed appointed City
Attorney far exceed that needed for the elected City Prosecutor.
Sec 602:
Are Deputy City Attorneys to be employed at the "will" of the City Attorney, or are
they to be subject to Article XX - "Civil Service"?
The description of the qualifications for every Deputy City Attorney should note that
they should be licensed, not just at the time of appointment, but at all times during their
service.
-GRESHAM, SAVAGE, NOLAN&TILDEN, LLP
Mkn B.Gresham
Mayor Judith Valles
City Attorney James F. Penman
July 17, 2000
Page 5
Sec 605:
This section gives both the Mayor and the Council the right to engage outside legal
counsel. In doing so, it creates a number of questions: Can the Mayor employ outside legal
counsel without Council review or approval? Would such legal counsel for the Mayor have a
client-attorney relationship limited only to the Mayor, and would that attorney thereby be
unable to share such communications with the Council and vice versa? It is noted that no
budgetary constraints are presented in regard to outside counsel, although budgetary constraints
are applied to the appointed City Attorney. No provision is presented to require the
involvement of the City Attorney in a determination of whether or not the City Attorney is
incapable of, or inappropriate to, perform the task sought to be given to outside legal counsel -
this is directly at variance with the current system. Under this section, can the Council hire
one outside counsel, and the Mayor hire another, on the same issue? Indeed, might it be
possible through this unrestricted use of outside legal counsel for a Mayor to use such counsel
to sue the Council and vice versa?
Secs 700 to 706
The comments set forth above relating to the City Attorney interplay with equal force to
these sections. Accordingly, those comments are not repeated here.
Sec 800:
The position of City Treasurer is left almost entirely to definition by future ordinance,
including the recitation of duties, as well as the method of appointment and removal. Such
being the case, no basis for current comment exists.
Sec 901•
Waiting a "minimum" of 180 days after an office vacancy occurs may cause a special
election to be more expensive than necessary since it absolutely could not be combined with
another, regular election, that is scheduled to take place during that 6-month period.
Additionally, no "outside" limit for the time of the election is provided. As a result, the
special election could seemingly be postponed indefinitely.
Sec 902•
1 If the Mayor Pro-Tempore ascends to the Office of Mayor, does such person thereafter
receive the Mayor's salary, and must that person, subject to Sec 400, immediately terminate
any outside employment?
'GRESHAM, SAVAGE, NOLAN & TILDEN, LLP
Allen B.Gresham
Mayor Judith Valles
City Attorney James F. Penman
July 17, 2000
Page 6
Sees 1100 to 1103:
These sections, dealing with Initiative, Referendum, and Recall, incorporate State law
which, of course, is subject to change without City input. If these matters were specifically
dealt with in the Charter (as they now are) the Charter provisions would be exempt from State
law or changes thereto.
Sec 1200:
Membership eligibility for committees and/or boards does not require City residence or
other City connection (such as business location). Theoretically, someone who has never been
to San Bernardino could be a valid appointee.
Sec 1301:
The matter of minimum age is again presented.
Sec 1305:
Currently, funds from the Water Department are transferred to the City's General Fund
pursuant to existing Charter Sections 163 and 164. These are sections that the proposed
Charter eliminates. As a result, a concern exists regarding the possible impact of Proposition
218. which precludes transfer of such funds unless the amount transferred is directly
attributable to the value of the services provided by the City. The present Charter, existing
prior to Proposition 218, appears exempt. A "new" Charter, which includes a provision about
this transfer of funds which could be passed without the level of voter approval required by
Proposition 218 (66 2/3%) is, at the very least, suspect, insofar as the legality of the fund
transfer provision is concerned, and could possibly be declared improper. The "protective"
language suggested by Mr. Stepanicich in his June 30, 2000 letter may prevent the problem,
however, since the amount at risk is so substantial, near certainty of the success of that language
would appear to be required before relying on it. This is an area of very great concern and
should be examined carefully.
Sec 1401•
Again, the issue of age is presented.
GRESHAM, SAVAGE, NOLAN&TILDEN, LLP
Alen B.Gresham
Mayor Judith Valles
City Attorney James F. Penman
July 17, 2000
Page 7
Sec 1500:
This section states it "creates" the San Bernardino City Unified School District, when,
in fact, the District has been in existence for many years. If the Charter is deemed to "create"
the District, it might later be said that the City has some responsibility for it. Use of wording
different from "creates" is strongly recommended.
See 1600:
This section presents nothing regarding the qualifications for appointment, basis for
removal, duties of, or length of term for, Planning Commissioners. It was expected that for a
body as important as the Planning Commission, a greater presentation would be set forth in a
Charter. However here, because of the section's brevity, no comment can currently be made.
Sec 1701:
Does the requirement that the Council "act upon" the recommendations of the Charter
Review Committee obligate the Council to present the Committee's recommendations to the
electorate if the Committee so recommends? If so, a question is presented as to whether such a
procedure might be in violation of Government Code Sections 34450 through 34470.
Sec 1800:
Are Salary Committee members to be paid?
Sec 1801:
The final sentence in this section creates a sort of "take it or leave it" situation
involving salaries. If the Committee's salary recommendation is rejected, no different salary
can be implemented and the existing salary remains in place. This serves to indirectly invest
the Salary Committee with more authority than that of a typical recommending body.
Sec 2001:
A-member of the Civil Service Board of Appeals can, under the proposed Charter, be
removed by a vote of at least 5 Council members. This is not the case with the existing
Charter. Apparently, under the proposed Charter such removal can be for reasons other than
"for cause". Such being the case, the current level of independence of the members of the
Board is seemingly reduced.
GRESHAM, SAVAGE, NOLAN &TILDEN, LLP
Allen S.Graham
Mayor Judith Valles
City Attorney James F. Penman
July 17, 2000
Page 8
The age situation is again presented. Reference should be made to Sec 2002 in this
regard, where it is stated that discrimination based on aae is specifically prohibited.
Sec 2004:
This section modifies the existing system of salary determination for public safety
employees (Sec 186). If this change is made, care should be taken to assure that nothing exists
that compels the continuance, either in whole or in part, of the existing salary determination
systems beyond the time provided.
Sec 2100:
This section is a change from the existing Charter. The existing Charter requires that
the City's fiscal year be changed only by Charter Amendment which involves voter approval.
The proposed Charter allows a change to be made by Ordinance, which does not require voter
approval.
Sec 2103:
It might be desirable to indicate that the anticipated Ordinance(s) shall conform to
applicable state law. It should be recalled that Proposition 218 requires voter approval for
certain fiscal matters.
Sec 2201:
Under sub-part B, are current Deputy City Attorneys, who will no longer be needed
because of the reduced authority of the proposed appointed City Attorney, to be given any
preferential consideration for the newly created positions of Deputy City Prosecutor?
Sec 2202:
Although new salaries are set for the Mayor and members of the Council, they are
deferred as to the City Clerk and City Prosecutor. This may deter someone from seeking these
offices since the salaries are unknown.
Sec 2306:
This states that aZ violation of the proposed Charter will be a misdemeanor. Under
the existing Charter, the use of an infraction was also a possibility. The "upgrading" of all
violations to misdemeanor status could greatly increase the cost of prosecution. It should be
noted that the City does not prosecute violations under the Penal Code or the Vehicle Code.
GRESHAM, SAVAGE, NOLAN &TILDEN, LLP
All=B.Gresham
Mayor Judith Valles
City Attorney James F. Penman
July 17, 2000
Page 9
Accordingly, the use of infractions for "code enforcement" would be eliminated without any
apparent offsetting advantage.
The proposed Charter is obviously a document that is the product of many, many, long
hours of consideration and evaluation by the Charter Review Committee. Nevertheless, as
with any potential new product or document, certain "bugs" - some substantial, some minor -
inevitably present themselves.
What we found very interesting during our review is that the existing Charter, created
in 1905, and modified thereafter, is a document not unlike our U.S. Constitution - it has, with
some updating - provided a vehicle that provides the City with detailed, specific, guidance for
the administration of its government functions. Hopefully, any "new" Charter that may
ultimately be adopted, will prove to be of as great a benefit to the City as has, and is, the
existing Charter.
Again, we thank the City for the opportunity to participate in this review. Of course,
we stand ready to discuss any of these matters with you more fully whenever you so desire.
Very truly yours,
a rl--,
Allen B. Gresham for
GRESHAM, SAVAGE.
NOLAN & TILDEN, LLP
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SAN BERNARDINO CITY CIFLARTER
iJ r-
_- PREAMBLE.
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u oWe, the citizens of San Bernardino, do hereby establish this charter to promote economic,
Lt-nvirdnmental, and cultural prosperity throughout our community; to enable our city government to
meet the needs of the people effectively and efficiently; to provide for accountability and ethics in
I -
public service; and to ensure equality of opportunity for every resident.
ARTICLE I. ViCORPORATION AND SUCCESSION.
Sec. 100. Name and Boundaries.
The municipal corporation now existing and known as the City of San Bernardino shall
remain and continue as a municipal corporation under its same name. The boundaries of the Citv shall
be the boundaries as established at the time this Charter is adopted, or as the boundaries may be
changed thereafter in the manner authorized by law.
Sec. 101. Succession to rights, property, and liabilities.
The City shall remain vested with all rights and privileges of every kind and nature vested in
the City at the time this Charter is adopted. The City shall continue to own, possess, and control all
property of every kind and nature owned, possessed, or controlled by the City at the time this Charter
is adopted. The adoption of this Charter shall not abrogate, limit, or otherwise affect any existing
debt, obligation, contract, lawsuit, or other liability on behalf of or against the City.
ARTICLE H. POWERS OF CITY.
Sec. 200. Generallv.
The City shall have all powers and rights possible for a charter city to have under the
constitution and laws of the State of California as fully and completely as though they were
specifically enumerated in this Charter, subject only to the limitations contained in this Charter. The
City shall have the power to make and enforce all laws and regulations regarding municipal affairs,
subject only to the such restrictions and limitations that may be provided in this Charter or the
Constitution of the State of California. The City shall have the power and may act pursuant to any
procedure established by state law, unless a different procedure is established by this Charter or by
ordinance of the City. The powers and rights of the City shall be construed liberally and in favor of
the City, and the enumeration of any particular power or right in this Charter shall not be construed
to be exclusive of, or as any limitation on, the general powers or rights granted in this article.
Sec. 201. Intergovernmental actions.
The City may exercise any of its powers or perform any of its functions, and may participate
in the financing thereof,jointly or in cooperation, by contract or otherwise, with any one or more
cities, counties, states, or civil divisions or agencies thereof, or the united States or any of its
agencies.
PAGE 1 OF 23
FLNAL: 07/10/00
ARTICLE M. LEGISLATIVE BRANCH.
Sec. 300. Common Council.
There is hereby created the Common Council to exercise the powers provided for the
Common Council in this Charter. The Common Council shall be comprised of seven (7) elected
offices, the members of which shall be elected from wards by the voters in the ward, in the manner
provided in this Charter.
Sec. 301. Creation of wards.
The City shall be divided by ordinance into seven (7) wards, designated as First Ward,
Second Ward, Third Ward, Fourth Ward, Fifth Ward, Sixth Ward, and Seventh Ward. The
boundaries of the wards shall be reviewed at least every ten (10) years upon completion of the federal
decennial census or more frequently as may be determined necessary. Boundary changes shall not
be made more than once in any two (2) year period nor within ninety (90) days of any general
municipal election. The boundaries of each ward shall be adjusted by the Common Council as
necessary to provide for substantially equal numbers of residents in each ward. Boundary adjustments
during the term of any member of the Common Council, shall not result in the loss of any member's
eligibility to hold office during such term. In establishing or changing the boundaries of the wards,
consideration shall be given, but is not limited, to the following factors. continuity, integrity,
cohesiveness, and compactness of territory; communities of interest; existing neighborhoods and
community boundaries; and general topography and geography.
Sec. 302. Eligibility to hold office.
To be eligible to hold office as a member of the Common Council, a person must be a citizen
of the United States, a qualified elector of the City, at least twenty-five (25) years of age, and a
continuous resident of the ward from which the person is elected. All of these eligibility requirements
must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for
election to office and continuously thereafter during the term of office.
Sec. 303. Term of office.
Members of the Common Council shall be elected to serve for a term of four (4) years. The
term shall begin on the first meeting of the Common Council in March following the Councilmember's
election, or if the Councilmember is elected at a run-off election, then on the first meeting in March
of the year in which the run-off election is held. The term shall continue until a successor is elected
and qualifies.
Sec. 304. Powers.
Except as otherwise provided in this Charter, all powers of the City are vested in the Common
Council. All legislative power of the Common Council shall be exercised by ordinance or resolution,
subject to the approval of the Mayor as set forth in this Charter. All other powers of the Common
Council may be exercised by order or resolution, where not inconsistent with this Charter or
ordinances of the City, and subject to the approval of the Mayor as set forth in this Charter. Upon
the affirmative vote of at least five (5) members of the Common Council, the Common Council may
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make formal investigations into the affairs of the City, or the conduct of any city department, office,
agency, board, or commission by compelling the attendance and testimony of city employees, officers,
or other persons, or by compelling the production of documents or evidence. Upon the affirmative
vote of at least five(5) members of the Common Council, the Common Council may issue subpoenas
in the name of the City, which shall be attested to by the City Clerk. Disobedience of a subpoena
issued by the Common Council upon other than constitutional grounds, shall constitute a
misdemeanor and shall be punished in the same manner as violations of this Charter are punished.
Sec. 305. Ordinances, resolutions, and orders.
No ordinance, or resolution or order for the payment of money, shall be valid unless it
receives the affirmative vote of at least four (4) members of the Common Council. All other
resolutions or orders of the Common Council shall be valid upon the affirmative vote of at least a
majority of a quorum of the Common Council.
A. Procedures. Except as expressly provided in this Charter, the requirements for the
introduction, consideration, adoption, and effective date of ordinances, including all publication and
notice requirements, shall be governed by state law.
B. Approval by Mayor. Except as expressly provided in this Charter, no ordinance,
resolution, or order shall take effect without the approval of the Mayor. For orders, the approval of
the _Mayor is presumed unless at the meeting at which the order is passed, the Mayor announces
disapproval and the reasons therefor. All ordinances and resolutions must be submitted in final form
to the Mayor for approval. The Mayor's approval of an ordinance or resolution is presumed unless
within five (5) business days from the date of submittal, the Mayor disapproves the ordinance or
resolution and provides written reasons therefor. Approval of the Mayor shall not be required for
emergency ordinances or quasi-judicial decisions of the Common Council.
C. Override by Common Council. Any ordinance or resolution disapproved by the
Mayor, shall take effect as if approved by the Mavor, upon the affirmative vote of at least five (5)
members of the Common Council no later than the next regularly scheduled meeting of the Common
Council after the 'vlayor's disapproval. Any order of the Common Council disapproved by the
Mayor, shall take effect as if approved by the Mayor, upon the affirmative vote of at least five (5)
members of the Common Council at the same meeting of the Common Council at which the order
is disapproved.
D. approval and override in community development commission. When pursuant
to state law, the Nfayor and Common Council have designated themselves as the communitv
development commission of the City, the Mayor shall have the power of approval of all orders and
resolutions of the Commission, in the same manner as the iVlayor has in the City, subject to the power
of the Commission to override any disapproval, in the same manner as the Council has in the City.
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E. Date of adoption. For ordinances and resolutions, the date of final adoption shall be
deemed the earlier of the date of approval by the Mayor, the date when the time for the Mayor's
disapproval expires, or the date the Mayor's disapproval is overridden by the Common Council. For
orders of the Common Council, or in those cases where the Mayor's approval is not required, the date
of final adoption shall be deemed the date of adoption by the Common Council.
Sec. 306. Committees of the Common Council.
The Common Council may by ordinance or resolution establish committees composed of less
than a quorum of the Common Council, to assist the Common Council in exercising its powers. The
role of the committees is to become fully informed of the business of the City and to report to the
Common Council any information or recommendations necessary to enable the Common Council to
properly legislate. Approval of the Mayor pursuant to Section 305 of this Charter shall not be
required for any action of the Common Council under this section.
Sec. 307. Communication with management.
For purposes of inquiry and discussion related to management and administration of the Citv,
matters related to constituents, and pending legislative matters, members of the Common Council
may communicate with the City Administrator, department heads, agency heads, or other.officers of
the City. Members of the Common Council shall have no power to give any orders, publicly or
privately, to the City Administrator or any subordinate of the Mayor, or to any department or agency
head, or subordinate of the department or agency head, nor shall members of the Common Council
attempt to coerce or improperly influence the letting of any contract, purchase of supplies, or any
other administrative action. Members of the Common Council shall have no power to order any
subordinate of the Mayor, department head, agency head, or other officer, either directly or indirectly,
to appoint, employ, discipline, demote, suspend, or dismiss any employee of the Citv.
Sec. 308. Meetings.
Except as expressly provided in this Charter, the notice, conduct, and procedures for all
meetings of the Common Council shall be governed by state law-. The Common Council shall provide
by resolution for the order of business and the rules of procedure for the conduct of meetings of the
Common Council. The Common Council shall establish by ordinance the time and place of its regular
meetings. Special meetings may be called by the Nlayor or a majority of the members of the Common
Council. A majority of all members of the Common Council shall constitute a quorum to do business.
The Common Council may establish rules for conduct of its meetings and proceedings, and may
order the removal of any member or other person for disrupting the meeting or failing to comply with
orders of the person presiding at the meeting. Except for procedural motions or motions approved
by unanimous vote, the ayes and noes of all votes of the Common Council shall be recorded and
entered in the minutes of the meeting.
Sec. 309. Mayor to preside.
The Mayor shall preside at all meetings of the Common Council, but shall not be entitled to
vote. In the absence of the Mayor, the Mayor Pro-Tempore shall preside, shall have the same power
as the Nfayor to disapprove any order of the Common Council, and shall retain the right to vote as
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a member of the Common Council. In the absence of both the Mayor and the Mayor Pro-Tempore,
the Common Council may choose one (1) member of the Common Council to preside, who shall
retain the right to vote as a member of the Common Council but shall not have the power to
disapprove orders of the Common Council.
Sec. 310. Employees of Common Council.
Notwithstanding any other provision of this Charter, the Common Council may appoint,
discipline, remove, and prescribe qualifications and duties for employees that directly serve the
Common Council. Approval of the Mayor, pursuant to Section 305 of this Charter, shall not be
required for any action of the Common Council under this section.
ARTICLE IV. EXECUTIVE BRANCH.
Sec. 400. The Mayor.
There is hereby created the Office of the Mayor to exercise the powers and duties provided
for the Mayor in this Charter. The person elected to hold the Office of the Mayor shall be elected by
the voters of the City, in the manner provided in this Charter, and shall devote his or her entire time
to the duties of the office.
Sec. 401. Eligibility to hold office.
To be eligible to hold the Office of the Mayor, a person must be a citizen of the United States,
a qualified elector of the City, at least thirty(30 ) years of age, and a continuous resident of the City.
All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date
of filing nomination papers for election to office and continuously thereafter during the tern of office.
Sec. 402. Term of office.
The person elected to hold the Office of Mayor shall be elected to serve for a term of four (4
years. The term shall begin on the first meeting of the Common Council in March following the
,favor's election, or if the Mayor is elected at a run-off election, then on the first meeting in March
of the year in which the run-off election is held. The term shall continue until a successor is elected
and qualifies.
Sec. 403. Powers and duties.
Except as otherwise provided in this Charter, management and administrative authority of the
City is vested in the iIayor, who shall be the Chief Executive Officer of the City. The Mayor shall
be accountable to the People for the proper and efficient administration of all affairs of the City, for
providing leadership and taking issues to the People, and for marshaling public interest in and support
for municipal activity. The Mayor shall execute and uphold all laws and ordinances of the City. In
fulfilling the obligations of the office, the Mayor shall specifically, but not by way of limitation, have
the power and duty to:
A. Exercise management authority, including the delegation of discretionary functions,
over all departments, agencies, and employees of the City.
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B. Appoint, discipline, remove, and prescribe qualifications and duties for employees of
the Office of the Mayor, as may be needed to perform the duties and carry out the responsibilities of
that office.
C. Appoint and prescribe qualifications and duties for department heads, agency heads,
and other non-elected officers of the City, subject to confirmation by the Common Council.
D. Discipline and remove from office any department head, agency head, or other non-
elected officer of the City.
E. Subject to the personnel system adopted pursuant to this Charter, approve or
disapprove, within five (5) business days, the appointment, discipline, or removal of an employee
appointed by any department head, agency head, or other non-elected officer of the City.
F. Make recommendations to the Common Council concerning the affairs of the Citv
and, at least once per year, publicly address the Common Council on the state of the City.
G. actively promote economic development to broaden and strengthen the commercial
and employment base of the City.
H. Prepare and submit an annual budget for the City to the Common Council for
consideration, and keep the Common Council fully advised as to the financial condition and future
needs of the Citv.
I. Represent the City in all intergovernmental relations and for all ceremonial purposes.
J. Declare a local emergency and coordinate the City's emergency response activities in
accordance with procedures established by ordinance.
K. Issue executive orders, in writing, to establish procedures and implement policies
consistent with this Charter and ordinances of the City. Any executive order or amendment thereof,
may be rescinded by an affirmative vote of at least five (5) members of the Common Council.
L. Perform other duties and functions as are specified in this Charter or by ordinances
of the City.
Sec. 404. Mayor Pro-Tempore.
The Mayor shall appoint, within a reasonable time after commencement of the Mayor's term
of office and subject to confirmation by the Common Council, and may remove, one (1) member of
the Common Council to serve as the Mayor Pro-Tempore. When the N'layor is unable to perform the
duties of the Office of the Mayor, the Mayor Pro-Tempore shall have all powers and duties of the
Mayor, and shall retain the right to vote as a member of the Common Council, until the Mayor is able
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to perform the duties or until the Common Council declares the Office of the Mayor vacant. If the
Mayor Pro-Tempore fills a vacancy in the Office of the Mayor pursuant to Section 902 of this
Charter, the Mayor Pro-Tempore serving as the Mayor shall appoint a Mayor Pro-Tempore in
accordance with this section.
Sec. 405. City :administrator.
There is hereby created the position of the City Administrator. The Mayor shall appoint,
subject to confirmation by the Common Council, and may remove the City Administrator. The City
Administrator shall be a person of demonstrated administrative ability with experience in a
responsible, executive capacity and shall be selected on the basis of executive and administrative
qualifications. The City Administrator shall have at least five (5) years of experience as the
administrative head or assistant administrative head of a city, or equivalent experience in the direction
and supervision of other government or private business activities of comparable importance and
magnitude. The City Administrator shall work under the direct supervision of the Mayor, and shall
be responsible to the Mayor for administrative matters of the City not otherwise assigned in this
Charter. The specific duties, responsibilities, and functions of the City Administrator shall be
established, defined, and altered by executive order of the Mayor.
ARTICLE V. CITY CLERK.
Sec. 500. The City Clerk.
There is hereby created the Office of the City Clerk to exercise the powers and duties
provided for the City Clerk in this Charter. The person elected to hold the Office of the City Clerk
shall be elected by the voters of the City, in the manner provided in this Charter, and shall devote his
or her entire time to the duties of the office.
Sec. 501. Eligibility to hold office.
To be eligible to hold the Office of the City Clerk, a person must be a citizen of the United
States, a qualified elector of the City, at least thirty (30) years of age, a continuous resident of the
City , and shall have at least five (5) years experience as a city clerk or deputy city clerk. All of these
eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing
nomination papers for election to office and continuously thereafter during the term of office.
Sec. 502. Term of office.
The person elected to hold the Office of City Clerk shall be elected to serve for a term of four
(4) years. The term shall begin on the first meeting of the Common Council in March following the
City Clerk's election, or if the City Clerk is elected at a run-off election, then on the first meeting in
March of the year in which the run-off election is held. The term shall continue until a successor is
elected and qualifies.
Sec. 503. Deputy city clerks and other employees.
Subject to budgetary constraints, the City Clerk may appoint, discipline, remove, and
prescribe qualifications and duties of all deputy city clerks and other employees working in the Office
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of the Clerk.
Sec. 501. Powers and duties.
The powers and duties of the City Clerk shall be as follows:
A. Serve as the custodian of the City seal and the ordinances, resolutions, contracts,
records, and other documents of the City entrusted to the City Clerk's care.
B. Keep all ordinances, resolutions, contracts, records, and other documents properly
indexed and, when not in actual use, open during regular office hours to public inspection.
C. Keep a record and have custody of all official bonds, and place and renew all
corporate surety bonds of officers and employees, provided that the reliability of the corporate
sureties has been approved by the Common Council.
D. Give all required notices and attend all meetings of the Common Council, and keep
a record of its proceedings.
E. .-administer all oaths and affirmations, except as otherwise provided by this Charter.
F. Conduct or cause the conduct of all municipal elections.
G. Issue business registration certificates and countersign all warrants on the Citv
treasury, except warrants of the boards established under Articles XIII and XIV of this Charter.
H. Perform the duties of a city clerk established by state law, or ordinance or resolution
of the City, where not inconsistent with this Charter.
:ARTICLE VI. CITY" ATTORNEY.
Sec. 600. The City :attorney.
There is hereby created the position of City :attorney. The Mayor shall appoint the City
Attorney, subject to confirmation by the City Council, and the Mayor may remove the City Attorney,
subject to confirmation by the Common Council. The person appointed as City Attorney shall devote
his or her entire time to the duties of the office.
Sec. 601. Eligibility.
To be eligible to be appointed as City Attorney, a person must be an attorney-at-law licensed
to practice in all the courts of the State of California, and prior to appointment must have engaged
in the practice of law in the State of California for at least five (5) years, with at least five (5) years
experience as either a city attorney or deputy city attorney, or possess a comparable understanding
of municipal law.
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Sec. 602. Deputy city attorneys and other employees.
Subject to budgetary constraints, the City Attorney may appoint, discipline, remove, and
prescribe qualifications and duties for all deputy city attorneys and other employees working under
the direction and control of the City Attorney. Every deputy city attorney shall be fully licensed
attorney-at-law at the time of appointment.
Sec. 603. Duties.
The City Attorney shall serve as chief legal advisor to the Common Council, the Mayor, and
all departments, agencies, commissions, boards, and appointed bodies of the City. The City Attorney,
or his or her designee, shall attend all meetings of the Common Council.
Sec. 604. Prohibition against private practice.
The City Attorney shall not conduct any private law practice while holding office.
Sec. 605 Outside legal counsel.
The Mayor and Common Council shall have the power and authority to employ and engage
such outside legal counsel and services as may be necessary and proper for the interest and benefit
of the City and the inhabitants thereof.
ARTICLE VII. CITY PROSECUTOR.
Sec. 700. The City Prosecutor.
There is hereby created the Office of the City Prosecutor to exercise the powers and duties
provided for the City Prosecutor in this Charter. The person elected to hold the Office of the City
Prosecutor shall be elected by the voters of the City, in the manner provided in this Charter, and shall
devote his or her entire time to the duties of the office.
Sec. 701. Eligibility to hold office.
To be eligible to hold the Office of the Citv Prosecutor, a person must be a citizen of the
United States, a qualified elector of the City, at least thirty (30) years of age, a continuous resident
of the City, an attorney-at-law licensed to practice in all the courts of the State of California, and must
have engaged in the practice of law in the State of California for at least five (5) years. All of these
eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing
nomination papers for election to office and continuously thereafter during the term of office.
Sec. 702. Term of office.
The person elected to hold the Office of City Prosecutor shall be elected to serve for a term
of four (4) years. The term shall begin on the first meeting of the Common Council in March
following the City Prosecutor's election, or if the City Prosecutor is elected at a run-off election, then
on the first meeting in March of the year in which the run-off election is held. The term shall continue
until a successor is elected and qualifies.
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Sec. 703. Deputy city prosecutors and other employees.
Subject to budgetary constraints, the City Prosecutor may appoint, discipline, remove, and
prescribe qualifications and duties for all deputy city prosecutors, investigators, and other employees
working in the Office of the City Prosecutor. Every deputy city prosecutor shall be a fully licensed
attorney-at-law at the time of appointment.
Sec. 704. Powers and duties.
The powers and duties of the City Prosecutor shall be as follows:
A. Investigate and prosecute, on behalf of the People, violations of this Charter or
ordinances of the Citv, including all recosnizances and bail bonds forfeited in such cases, and the
recovery of fines, penalties, forfeitures, and other money accruing to the City in such cases.
B. Whenever authorized under state law, the City Prosecutor may investigate and
prosecute on behalf of the People, misdemeanor or lessor offenses arising upon the violation of state
law within the City, including all recognizances and bail bonds forfeited in such cases, and the
recovery of fines, penalties, forfeitures, and other money accruing to the City or the County of San
Bernardino in such cases.
C. Conduct all proceedings relating to the application for or hearing upon writ of habeas
corpus by any person held in custody and charged with having committed a criminal offense against
this Charter or ordinances of the City, or committed a misdemeanor or lessor offense under state law
within the City. A copy of the application for such writ must be served upon the City Prosecutor at
such times and in such manner as provided by law. In matters of habeas corpus in which the
constitutionality of this Charter or any ordinance of the City has been raised, the Citv Prosecutor shall
immediately notify the Citv Attornev The City Attorney may become associated with the City
Prosecutor in anv such action or proceedinv and have charge of such litigation.
D. Advise the police department and other code enforcement departments of the Citv
concerning the enforcement of ordinances of the City.
Sec. 705. Power of investigation.
The City Prosecutor shall have the power to investigate all matters necessary to perform the
duties of the Office of the City Prosecutor and, subject to the approval of the Common Council, the
City Prosecutor shall be appropriated such investigation funds as may be necessary to perform such
duties. The City Prosecutor may employ special investigators in connection with such investigations.
Sec. 706. Prohibition against private practice.
- The City Prosecutor shall not conduct any private law practice while holding office.
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ARTICLE VIII. CITY TREASURER.
Sec. 800. The City Treasurer.
There is hereby created the position of City Treasurer. The Common Council shall establish
by ordinance the procedures for appointing and the qualifications for the City Treasurer, who shall
perform the duties, responsibilities, and functions established, defined, and altered by such ordinance.
The City Treasurer shall perform the duties of a city treasurer established by state law where not
inconsistent with this Charter or ordinances of the City.
ARTICLE LX. VACANCIES.
Sec. 900. Vacancies and forfeiture of office.
An elected office shall become vacant upon the occurrence of any of the following: an event
that causes a vacancy of public office as provided in the Government Code of the State of California,
f removal of the incumbent from the office in any manner authorized by law, or forfeiture of the office.
An elected officer shall forfeit the office if the elected officer lacks at any time during the term of
office the eliaibility requirements for the office established by this Charter or by law, or the elected
officer accepts or retains another elected office or employment as prohibited by this Charter or by
law-. The existence of a vacancy shall be declared by resolution of the Common Council stating the
reasons for the vacancy, and the vacancy shall be filled in the manner provided in this Charter.
Sec. 901. Filling vacancies in elected offices.
If an elected office is declared vacant in accordance with this article, the;Mayor shall appoint,
subject to confirmation by the Common Council, a person eligible to fill the vacancy. The person
appointed to fill the vacancy, shall serve in the elected office until a person is elected to the office for
the remainder of the unexpired term or for a new term, at a special municipal election to be held no `
earlier than one hundred and eighty (180) days after the declaration. The special municipal election '
required by this section shall be called by the Common Council no later than thirty (30) days after the
Common Council declares the vacancy.
Sec. 902. Filling vacancy in the Office of the Mayor.
If the Office of the Mayor is declared vacant in accordance with this article, the Mayor Pro-
Tempore shall serve as Mayor with all powers and duties of the Mayor, and shall retain the right to
vote as a member of the Common Council, until a person is elected to the Office of the Mayor for
the remainder of the unexpired term or for a new term, at a special municipal election to be held no
earlier than one hundred and eighty (ISO) days after the declaration. If the office of Mayor Pro-
Tempore is vacant at the time the Office of the %favor is declared vacant, the Common Council shall
select one (1) of its members to serve as Mayor in accordance with this section, until a person is
elected to the Office of the Mayor in accordance with this section. The special municipal election
required by this section shall be called by the Common Council no later than thirty(30) days after the
Common Council declares the vacancy.
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ARTICLE X. ELECTIOtiS.
Sec. 1000. General municipal elections.
General municipal elections for the election of officers and for such other purposes as the
Common Council may prescribe, shall be held on the first Tuesday following the first Monday of
November of each odd numbered year.
Sec. 1001. Run-off municipal elections.
If in any general municipal election no candidate receives a majority of the votes cast for the
immediately elected office, the Common Council shall upon determination of that fact, call a run-off
municipal election to be held on the first Tuesday after the first Monday in February.
Notwithstanding any other section of this Charter, whenever a county-wide or state-wide election is
scheduled within sixty (60) days after the date on which a run-off municipal election would otherwise
be held pursuant to this Charter, the City shall consolidate the run-off municipal election with the
county-wide or state-wide election. The two candidates receiving the highest number of votes for
the office in the general municipal election shall be declared the candidates for the run-off municipal
election.
Sec. 1002. Special municipal elections.
All other municipal elections that may be held by authority of this Charter or of any law, shall
be known as special municipal elections. Notwithstanding any other section of this Charter, whenever
a county-wide election, state-wide election, general municipal election, or run-off municipal election
is scheduled within sixty (60) days of the date on which a special municipal election would otherwise
be held pursuant to this Charter, the City shall consolidate the special municipal election with the
county-wide election, state-wide election, general municipal election, or run-off municipal election.
If in any special municipal election no candidate receives a majority of the votes cast for the elected
office, the Common Council shall immediately upon determination of that fact, call another special
municipal election to be held within ninety (90) days thereof, at which the two candidates who
received the highest number of votes for the office shall be declared the candidates. Any qualified
and successful candidate elected to office in a special municipal election, shall take office at the first
meeting of the Common Council in the month following the month in which the special municipal
election is held.
Sec. 1003. Election dates.
In 2001 and every four(4) years thereafter, a general municipal election shall be held to elect
persons to the following elected offices of the City Office of the Mayor, Office of the City Clerk,
Office of the City Prosecutor, Councilmember First Ward, Councilmember Second Ward, and
Councilmember Fourth Ward. In 2003 and every four (4) years thereafter, a general municipal
election shall be held to elect persons to the following elected offices of the City: Councilmember
Third Ward, Councilmember Fifth Ward, Councilmember Sixth Ward, and Councilmember Seventh
Ward.
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Sec. 1004. Procedures for holding elections.
To the extent not provided for and to the extent not in conflict with this Charter, all elections
shall be held in accordance with the provisions of the Elections Code and the Government Code of
the State of California for the holding of municipal elections.
ARTICLE XI. INITIATIVE, REFERENDUM, AND RECALL.
Sec. 1100. Generally.
The powers of initiative, referendum, and recall are hereby resen-ed to the voters of the Citv.
To the extent not provided for and to the extent not in conflict with this Charter, the provisions of
the Elections Code of the State of California shall govern the exercise of the powers of initiative,
referendum, and recall.
Sec. 1101. Initiative.
Any proposed ordinance which the Common Council itself might adopt may be submitted to
the Common Council by petition requesting that the ordinance be adopted by the Common Council
or submitted to the voters of the City. This process shall be known as the initiative. To commence
proceedings to exercise the power of initiative, a proposed ordinance must be submitted to the City
Clerk, accompanied by a petition signed by qualified voters of the City equal in number to thirty
percent (30%) of the entire vote cast for all candidates for Mayor at the last election at which the
Mayor was elected. Initiatives to amend the Charter shall be governed by provisions of the California
Constitution and applicable provisions of state law concerning charter amendments.
Sec. 1102. Referendum.
For any ordinance duly adopted by the Common Council, a petition may be submitted to the
Common Council. suspending such ordinance from operation, and requiring the Common Council
to reconsider such ordinance, and if the same is not entirely repealed, submit the ordinance to the
voters of the City. This process shall be known as the referendum. To commence proceedings to
exercise the power of referendum, a petition must be submitted to the City Clerk within thirty (30)
days after the date of final adoption for the ordinance that is the subject of the referendum. At the
time of submission, the petition must be signed by qualified voters of the City equal in number to
thirty percent (30%) of the entire vote cast for all candidates for Mayor at the last election at which
the Mayor was elected.
Sec. 1103. Recall.
Every- incumbent in an elected office in the City, whether elected by popular vote or appointed
to fill a vacancy, may be removed from the elected office by the voters eligible to vote for such
elected office. This process shall be known as the recall. Any vacancy of an elected office caused
by the recall of an elected officer shall be filled in accordance with the provisions of this Charter. No
person recalled from an elected office or who resigned from elected office while recall proceedings
were pending, shall be appointed to any office within two (2) years after the recall or resignation. To
commence proceedings to exercise the power of recall, a petition must be submitted to the City Clerk.
At the time of submission, the petition must be signed by qualified voters eligible to vote for the
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incumbent equal in number to the lesser of the following:
A. Twenty-five percent (25%) of the registered voters eligible to vote for the incumbent
proposed to be recalled, according to the last official report"'to the Secretary of State of California
by the County Clerk of-the-County of San Bernardino.
B. The entire vote cast for all candidates for the elected office firom which the incumbent
is proposed to be recalled, at the last election held for that elected office; but in no circumstance shall
this number be less than ten percent (10%) of the registered voters eligible to vote for the incumbent
proposed to be recalled, according to the last official report to the Secretary of State of California
by the County Clerk of the County of San Bernardino.
ARTICLE XH. BOARDS AND COMMISSIONS.
Sec. 1200. Creation.
The Common Council may establish by ordinance such operational, advisory, appellate, or
rule-making boards and commissions as in its judgment are required for the proper operation of any
function or agency of the City. The Common Council shall prescribe the powers, duties, functions,
and jurisdiction of each board and commission established under this article, and shall establish the
number of members of each board and commission, and their qualifications, terms, compensation, and
reimbursement for expenses, if any.
Sec. 1201. Appointment and removal of members.
The Common Council shall provide by ordinance the procedure for appointing members of
boards or commissions established under this article. any member of a board or commission
established under this article may be removed by the affirmative vote of at least five (5) members of
the Common Council.
ARTICLE XIII. BOARD OF WATER COMMISSIONERS.
Sec. 1300. Creation.
There is hereby created the Board of Water Commissioners to exercise the powers and duties
prescribed in this article, in a manner consistent with this Charter and ordinances of the City.
Sec. 1301. Membership.
The Board of Water Commissioners shall be composed of five (5) members appointed by the
Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the Board
of Water Commissioners, a person must be at least twenty-five (25) years of age and a qualified
elector of the City. All of these eligibility requirements must be satisfied at least twenty-nine (29)
days prior to the date of appointment and continuously thereafter during the term of appointment.
Persons appointed to the Board of Water Commissioners shall serve a term of six (6) years and
thereafter until a successor is appointed and qualifies. One (1) appointment to the Board of Water
Commissioners shall be made at the first meeting of the Common Council in May of each of the
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following years, and again every six (6) years thereafter: 2001, 2003, 2004, 2005, and 2006. Any
person appointed to the Board of Water Commissioners may be removed by the affirmative vote of
at least five (5) members of the Common Council. If the position of any member on the Board of
Water Commissioners is vacated prior to the expiration of the member's term, the Mayor shall
appoint a person to fill the remainder of the unexpired term, subject to confirmation by the Common
Council.
Sec. 1302. Powers and duties.
The Board of Water Commissioners shall have the power and duty to:
A. Establish and collect rates, fees, and charges for providing water service and
wastewater treatment, and collect all rentals from water bearing lands.
B. Establish, regulate, control, manage, operate, repair, and extend the City's water
service system and wastewater treatment works and facilities, and to purchase, lease, or otherwise
acquire any and all real or personal property necessary or convenient for such purposes.
C. Design, construct, alter, and maintain all public facilities, structures, and property used
for providing water service and wastewater treatment.
D. Make and enforce all rules and regulations necessary for the administration,
governance, and protection of the City's water service system and wastewater treatment works and
facilities, and all property belonging thereto.
E. Incur indebtedness or liability not exceeding in any year the income and revenue
provided for such year. subject to the applicable state law procedures and limitations for the creation
of indebtedness in force at the time the indebtedness is created by the Board of Water Commissioners.
F. appoint. discipline, remove, fix compensation, and prescribe qualifications and duties
for the general manager of the water service system and wastewater treatment works and facilities.
G. Subject to the procedures of the personnel system established pursuant to this Charter,
appoint, discipline, remove, fir compensation, and prescribe qualifications and duties for such officers
and employees as may be necessary or convenient for the administration, governance, and protection
of the City's water service system and wastewater treatment works and facilities.
Sec. 1303. Ordinances to enforce rules and regulations.
The Common Council shall enact such ordinances as may be necessary to enforce the rules
and regulations adopted by the Board of Water Commissioners.
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Sec. 1304. Water Fund.
There is hereby created an enterprise fund to be known as the Water Fund, the monies in
which shall be used solely in furtherance of the powers and duties of the Board of Water
Commissioners relating to water service, except as otherwise provided in this Charter. All revenue
from every source collected or received by the Board of Water Commissioners in connection with
its provision of water service and its possession, management, and control of water service systems
and facilities, shall be deposited in the Water Fund. All monies in the Water Fund shall be kept
separate and apart from other monies of the City and shall be drawn only upon demands authenticated
by the Board of Water Commissioners.
Sec. 130 . Transfer of funds.
The Common Council may, in its discretion, transfer on a monthly basis from the dater Fund
to the general fund of the City, an amount not to exceed ten percent (10%) of the revenues collected
or received by the Board of Water Commissioners during the preceding month. The Mayor and
Common Council may also, in its discretion, transfer on a monthly basis from the Water Fund to any
fund established for the repayment of bonds issued by or on behalf of the Board of Water
Commissioners, an amount equal to one-twelfth (1/12) of the amount which will become due and
payable during the current year for interest or principal, or for interest and principal, upon any or all
such outstanding bonds.
Sec. 1306. Deposit of monies in sewer fund.
All revenue from every source collected or received by the Board of Water Commissioners
in connection with its provision of wastewater treatment and its possession, management, and control
of wastewater treatment works and facilities, shall be deposited in an enterprise sewer fund
established by ordinance of the City. All monies deposited by the Board of Water Commissioners in
said sewer fund shall be kept separate and apart from other monies of the Citv.
ARTICLE XI`". BOARD OF LIBRARY TRUSTEES.
Sec. 1400. Creation.
There is hereby created the Board of Library Trustees to exercise the powers and duties
prescribed in this article, in a manner consistent with this Charter and ordinances of the City.
Sec. 1401. Membership.
The Board of Library Trustees shall be composed of five (5) members appointed by the
Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the Board
of Library Trustees, a person must be at least twenty-five(25) years of age and a qualified elector of
the City. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior
to the date of appointment and continuously thereafter during the term of appointment. Persons
appointed to the Board of Library Trustees shall serve a term of six (6) years and thereafter until a
successor is appointed and qualifies. One (1) appointment to the Board of Library Trustees shall be
made at the first meeting of the Common Council in May of each of the following years, and again
every six (6) years thereafter: 2003, 2004, 2005, 2006, and 2007. Any person appointed to the
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Board of Library Trustees may be removed by the affirmative vote of at least five(5) members of the
Common Council except for purposes of censorship. If the position of any member on the Board of
Library Trustees is vacated prior to the expiration of that member's term, the Mayor shall appoint a
person to fill the remainder of the unexpired term, subject to confirmation by the Common Council.
Members of the Board of Library Trustees shall serve without salary or compensation.
Sec. 1402. Powers and duties.
The Board of Library Trustees shall have the power and duty to
A. Manage, control, and operate a central public library and branch public libraries within
the City.
B. Make and enforce all rules, regulations, and by-laws necessary for the administration,
governance, and protection of the public library system and all property belonging thereto or that may
be loaned thereto.
C. Appoint, discipline, remove, fix compensation, and prescribe qualifications and duties
for the director of the public library system.
D. Subject to the procedures of the personnel system established pursuant to this Charter,
appoint, discipline, remove, fix compensation, and prescribe qualifications and duties for such officers
and employees as may be necessary or convenient for the administration, governance, and protection
of the public library system.
E. Purchase books,joumals, publications, information systems and technologv, and other
personal property, and rent and equip such buildings or rooms as may be necessary or proper for the
operation and maintenance of the public library system.
F. At the time and in the form established by the Mayor, submit a recommended budget
to the Nlavor detailing a complete financial plan of all operations and activities of the public library
system. The recommended budget shall be accompanied by a message describing the important
features of the budget, indicating any major changes from the preceding year in expenditures and
revenues, together with the reasons for the changes, and include such other information as the Mayor
deems appropriate.
G. Administer any trust declared or created for the public library system, and receive by
Grant, entitlement, donation, gift, bequest, or devise any monies or real or personal property, and
where not otherwise provided, dispose of such property for the benefit of the public library system.
H. Borrow or lend books and other library materials to other jurisdictions and allow non-
residents to borrow books and other library materials upon such conditions as the Board of Library
Trustees may prescribe.
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I. Contract with schools, counties, or other governmental agencies to render or receive
library services or facilities.
Sec. 1403. Library Fund.
There is hereby created a fund to be known as the Library Fund, the monies in which shall be
used solely for financial support of the public library system. All monies in the Library Fund shall be
kept separate and apart from other monies of the City and shall be drawn only upon demands
authenticated by the Board of Library Trustees. Monies received from the following sources,
including any interest earned thereon, shall be deposited in the Library Fund:
A. Revenues generated from any fines, sales, or operations of the public library system.
B. Monies received by the City or by the Board of Library Trustees from any local, state,
or federal grants or entitlements, or from donations, gifts, bequests, or devises, expressly designated
for use in support of the public library system, unless the deposit of such monies into the Library Fund
would be inconsistent with the terms or conditions of its acquisition, in which case the Board of
Library Trustees shall provide for the safety and preservation of such monies and shall make use
thereof in accordance with the terms and conditions applicable thereto.
Sec. 1404. Title to property.
Unless inconsistent with the terms of its acquisition, title to all real and personal property,
now owned or hereafter acquired by purchase. donation, bequest, or otherwise, for the purpose or
use of the public library system, shall vest and be and remain in the name of the City.
ARTICLE XV. BOARD OF EDtiCATION.
See. 1500. Creation.
There is hereby created the San Bernardino Citv Unified School District. which shall include
all of the public schools of said District as now established or as may hereafter be established. There
is also hereby created the Board of Education of the San Bernardino City unified School District
which shall consist of seven (7) members who shall be residents of said District or, in the event trustee
areas are established in said District, of such trustee areas.
Sec. 101. State law governs.
The Board of Education shall have all the powers and duties now or hereafter prescribed by
the Education Code of the State of California, and shall enter upon the discharge of such powers and
duties pursuant to the provisions of the Education Code of the State of California. The terms of
office and election of the members of the Board of Education shall be in accordance with and
pursuant to the provisions of the Education Code of the State of California.
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Sec. 1502. Effect of charter.
Adoption of this Charter shall not have the effect of creating anv new school district and the
San Bernardino City unified School District shall continue in existence, under this Charter and subject
to the provisions of state law, as the same now exists or may hereafter exist.
ARTICLE XVZ. PLANNV G COMMISSION.
Sec. 1600. Creation.
There is hereby created the Planning Commission for the City. The manner in which, the
times at which, and the terms for which the members of the Planning Commission shall be appointed,
their qualifications, and the number which shall constitute the Planning Commission shall be
established by ordinance of the Citv.
Sec. 1601. Powers and duties.
The Planning Commission shall exercise the powers and duties delegated to a planning
commission by state law and by ordinance of the City, where not inconsistent with this Charter.
ARTICLE X` I. CHARTER REVIEW COMMITTEE.
Sec. 1700. Creation.
In January 2010, and in January every ten (10)years thereafter, a Charter Review Committee
shall be appointed in accordance with the procedures established for appointments under Article MI
of this Charter. The members shall serve on a voluntary basis and without compensation. The Mayor
and Common Council may appoint a Charter Review Committee more often, if they deem it
necessary.
Sec. 1701. Duties and procedure.
The Charter Review Committee shall, after study and holding public meetings, recommend
to the Common Council any amendments to the Charter for placement on the ballot at the next
general municipal election. The final recommendations of the Charter Review Committee shall be
presented to the Common Council no later than the first meeting of the Common Council in February
in the vear following the appointment of the Charter Review- Committee. The Common Council shall
act upon the recommendations of the Charter Review Committee prior to the last day to place
measures on the ballot for the next general municipal election.
ARTICLE XVIII. SALARY COMMITTEE.
Sec. 1800. Creation.
In January 2002, and in January of every two (2) years thereafter, the 'Mayor shall appoint a
Salary Committee consisting of seven(7) members, subject to confirmation by the Common Council.
The members of the Salary Committee shall be composed of one business executive, one
representative of anon-partisan voter organization, one person experienced in public administration,
one representative of a labor organization., one representative of an educational institution, and two
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other appointees. No person shall be appointed to the Salary Committee while serving as an officer
or employee of the City, nor within two (2) years after holding such a position.
Sec. 1801. Duties and procedures.
The Salary Committee shall study and hold public meetings on the issue of the total
compensation for the Mayor, members of the Common Council, the City Clerk, and the City
Prosecutor. Not later than ninety (90) days before the end of the fiscal year, the Salary Committee
shall make a recommendation to the Common Council concerning the total compensation, including
salary and benefits, for the Mayor, members of the Common Council, the City Clerk, and the City
Prosecutor. The Common Council shall adopt or disapprove the recommendation of the Salary
Committee prior to the end of the fiscal year. The Common Council shall have no power to alter,
amend, or otherwise change the recommendation of the Salary Committee.
Sec. 1802. Effective date of changes in compensation.
If a change in the total compensation for an elected officer is adopted by the Common
Council, such change shall not take effect until after the next election for that elected officer.
ARTICLE YLY. CITIZEN ADVISORY COUNCILS.
Sec. 1900. Enabling clause.
Each member of the Common Council may create a Citizen Advisory Council within his or
her ward. The composition of a Citizen Advisory Council shall be determined by the
Councilmember, but the composition should reflect the diverse interests within the Councilmember's
ward. The specific role and function of a Citizen Advisory Council shall be determined by the
Councilmember, but it should generally serve the underlying purposes of this article which are as
follows (a) to promote citizen. neighborhood, and community participation in city governance and
policy-making; (b) to help Councilmembers stay informed of the issues and concerns in their
respective wards: (c) to support and augment existing neighborhood empowerment activities within
the City; (d) to help neighborhoods discover and build on their strengths, and find creative solutions
to their problems; and (e) to develop and nurture leadership within the neighborhoods and
communities of the City.
ARTICLE Y.Y. PERSONNEL.
Sec. 2000. Personnel system.
A. Merit principle. A.11 appointments and promotions of city- officers and employees
shall be made solely on the basis of merit and fitness, demonstrated by a valid and reliable examination
or other evidence of competence.
B. Merit system. Consistent with all applicable federal and state laws, the Common
Council shall provide by ordinance for the establishment, regulation, and maintenance of a merit
system governing personnel policies necessary to effectively administer the employees of the City's
departments, agencies, and offices, including, but not limited to, classification and pay plans,
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qualifications and examinations, provisional and exempt appointments, employee duties and working
conditions, in-service training, disciplinary actions, force reductions, removals, grievances, and
relationships with employee organizations.
Sec. 2001. Civil Service Board of Appeals.
A. Creation. There is hereby created the Civil Service Board of Appeals to exercise the
powers and duties prescribed in this section, in a manner consistent with this Charter and ordinances
of the Citv.
B. Membership. The Civil Service Board of Appeals shall be composed of five (5)
members appointed by the Mayor, subject to confirmation by the Common Council. To be eligible
for appointment to the Civil Service Board of Appeals, a person must be at least twenty-five (25)
years of age and a qualified elector of the City. All of these eligibility requirements must be satisfied
at least twenty-nine(29) days prior to the date of appointment and continuously thereafter during the
term of appointment. Persons appointed to the Civil Service Board of Appeals shall serve a term of
sir (6) years and thereafter until a successor is appointed and qualifies. One (1) appointment to the
Civil Service Board of Appeals shall be made at the first meeting of the Common Council in May of
each of the following years, and again every six (6) years thereafter: 2003, 20047 2005, 2006, and
2007. Any person appointed to the Civil Service Board of Appeals may be removed by the
affirmative vote of at least five (5) members of the Common Council. If the position of any member
on the Civil Service Board of Appeals is vacated prior to the expiration of that member's term, the
Mayor shall appoint a person to fill the remainder of the unexpired term, subject to confirmation by
the Common Council.
C. Powers and duties. The Civil Service Board of Appeals may affirm, overrule, or
modify on appeal any final administrative decision resulting in the discipline, demotion, suspension,
or removal of an employee who is under the classified personnel system, and its decision shall be final.
Sec. 2002. Non-discrimination.
No person shall be appointed to or removed from, or in any way favored or discriminated
against, with respect to any city employment, position, contract, or appointment because of race,
gender, age, handicap, religion, marital status, sexual orientation, country of origin, or political
affiliation. The City shall comply with all state and federal non-discrimination laws and regulations.
Sec. 2003. Nepotism.
The Mayor, members of the Common Council, members of boards or commissions, and any
department head, agency head, or other officer having appointive power, shall not recommend the
appointment of, appoint, or vote for or elect to any office, position, or employment with the City, any
member of said officer's immediate family. For purposes of this section, the term "immediate family"
is defined as a spouse, son, daughter, mother, father, brother, sister, grandchild, grandparent, aunt,
uncle, nephew, or niece, and includes half-relatives, step-relatives, and in-laws, as well as any person
who regularly cohabits with or uses the domicile of said officer as his or her residence. Any
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appointment made in violation of this section shall be void and of no effect. The foregoing
prohibition against nepotism may be waived by an affirmative vote of at least five(5) members of the
Common Council upon a finding that the proposed appointment is in the best interest of the City.
Sec. 2004. Compensation.
Except as otherwise provided in this Charter, the Mayor shall negotiate, establish, and adjust
the total compensation for all employees and non-elected officers of the City, except those directly
appointed by the Common Council under Article III of this Charter. In making compensation
determinations, the Mavor shall consult with and receive input from the City Administrator and any
affected department head, agency head, and other officer of the City. All compensation
determinations by the Mayor shall be subject to confirmation by the Common Council.
ARTICLE XXI. FISCAL ADMINISTRATION.
Sec. 2100. Fiscal year.
The fiscal year of the City shall be established by ordinance of the Citv.
Sec. 2101. Budget.
Each department, agency, and office of the City shall provide in the form and at the time
directed by the Mayor and City Administrator all information required to develop a budget
confornung to modem budget practices and procedures as well as specific information which the
Common Council may require. Under the direction and control of the'favor, the City Administrator
shall prepare a budget that provides a complete financial plan of all City operations and activities for
the next fiscal year. In preparing the budget, the City Administrator shall review the information and
hold conferences thereon with the department heads, agency heads, and officers of the City. The
Mayor shall present the budget to the Common Council, in such form as the Mavor deems
appropriate after consultation with the Common Council. Following at least one public meeting on
the budget, the Common Council shall adopt by resolution a budget of proposed expenditures and
appropriations necessary therefor for the next fiscal year, failing which the appropriations for current
operations of the last fiscal year shall be deemed effective until the new budget and appropriation
measures are adopted.
Sec. 2102. Budget message.
The budget submitted by the Mayor to the Common Council shall be accompanied by a
budget message which shall explain the budget. The budget message shall outline the proposed
financial policies of the City for the next fiscal year, describe the important features of the budget,
indicate any major changes from the preceding year in financial policies, expenditures, and revenues,
together with the reasons for the changes, summarize the City's debt position, and include such other
information as the Mayor deems appropriate.
Sec. 2103. Municipal taxes.
The procedure for the assessment, levy, and collection of taxes upon property taxable for
municipal purposes shall be prescribed by ordinance of the City
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Sec. 2101. Independent audit.
After the commencement of each fiscal year, the Mayor, with the consent of the Common
Council, shall employ a qualified certified public accountant, who has no personal interest, direct or
indirect, in the fiscal affairs of the City or any of its employees or officers. The accountant shall
perform an annual audit of the books, financial records, and related documents of the City in
accordance with generally accepted auditing standards for public agencies, and shall have free access
to the books, records, inventories, and reports of all officers and employees who receive, handle, or
disburse public funds, and such other officers, employees, departments, or agencies as the Common
Council may direct. As soon as practicable after the end of the fiscal year, a final audit and
management report shall be submitted by the accountant to the Mayor and Common Council, and
shall be available thereafter for public review and inspection.
ARTICLE XXH. TRANSITION.
Sec. 2200. Adoption date and operative date.
As used in this Charter. the term "Adoption Date"means the date upon which this Charter is
filed in accordance with state law-, and the term "Operative Date"means the date of July 1, 2001.
Sec. 2201. Officers employees, boards, and commissions.
Except as provided in this section, all officers, employees.and persons serving on any board
or commission of the City on the Adoption Date shall continue to perform the duties of their
respective offices, employments, and appointments without interruption and under the same terms
and conditions until provisions have been made otherwise in accordance with this Charter or until the
election, employment. or appointment of their successor.
A. City Attorney and City Treasurer. upon the Adoption Date, the persons serving
in the elected offices of the City Attorney and the City Treasurer as established by the previous
charter, shall serve. respectively, as the appointed City Attorney and the appointed City Treasurer as
established under this Charter, until a person is appointed to such office in accordance with this
Charter, or the office is vacated, or the Operative Date, whichever is earlier.
B. Interim City Prosecutor. Upon the Adoption Date, the person serving as City
Attorney shall serve, without additional compensation, as the City Prosecutor until a person is
appointed to the Office of City Prosecutor by the Mayor, subject to confirmation by the Common
Council, or until the Operative Date. whichever is earlier. The person appointed to the Office of the
City Prosecutor pursuant to this section shall serve as City Prosecutor until a person is elected,
qualifies, and assumes the Office of the City Prosecutor in accordance with this Charter.
C. Park and Recreation Commission. The Park and Recreation Commission
established by the previous charter, as it existed immediately prior to the Adoption Date, shall
continue in effect as a commission established by ordinance pursuant to Section 2206 of this Charter,
and all persons appointed as a member of the Park and Recreation Commission shall continue as a
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member and continue to perform the duties of the Park and Recreation Commission in accordance
with such ordinance.
D. Mayor Pro-Tempore. Within ninety (90) days after the Adoption Date, the Mayor
shall appoint a person to serve as Mayor Pro-Tempore in accordance with Section 404 of this
Charter.
E. Board of Water Commissioners. The Board of Water Commissioners established
by Section 160 of the previous charter, as it existed immediately prior to the Adoption Date, shall
continue to exist but shall perform the functions of the Board of Water Commissioners pursuant to
Article XIII of this Charter, and all members thereof shall continue to serve until the expiration of
their respective terms, unless the member resigns or is otherwise removed in accordance with this
Charter.
F. Board of Trustees of the Free Public Library. The Board of Trustees of the Free
Public Library- established by Section 205 of the previous charter, as it existed immediately prior to
the Adoption Date, shall continue to exist but shall perform the functions of the Board of Library
Trustees pursuant to Article Xn"of this Charter, and all members thereof shall continue to serve until
the expiration of their respective terms, unless the member resigns or is otherwise removed in
accordance with this Charter. To transition to the new terms for members of the Board of Library
Trustees under Section 1401 of this Charter, the following transitional appointments shall be made
as the terms of the members in office on the Adoption Date expire: one (1) appointment for two (2)
years, one(1) appointment for three(3) years, and one(1) appointment for sic(6)years shall be made
at the first meeting of the Common Council in May 2001; and one (1) appointment for two (2) years
and one appointment for three (3) years shall be made at the first meeting of the Common Council
in May 2003 Upon the expiration of the term of each transitional appointment made pursuant to this
section. all subsequent appointments shall be made in accordance with Section 1401 of this Charter.
G. Civil Service Board. The Civil Service Board established by Section 246 of the
previous charter, as it existed immediately prior to the Adoption Date, shall continue to exist but,
after the Operative Date or the earlier adoption of the ordinance required by Article XX of this
Charter, it shall perform the functions of the Civil Service Board of Appeals pursuant to Section 2001
of this Charter, and all members thereof shall continue to serve until the expiration of their respective
terms, unless the member resigns or is otherwise removed in accordance with this Charter. To
transition to the new terms for members of the Civil Service Board of Appeals under Section 2001
of this Charter, the following transitional appointments shall be made as the terms of the members in
office on the Adoption Date expire: one (1) appointment for two (2) years and one (1) appointment
for six (6) years shall be made at the first meeting of the Common Council in May 2001; one (1)
appointment for one (1)year and one appointment for two (2)years shall be made at the first meeting
of the Common Council in Nlay 2003; and one(1) appointment for one(1) year shall be made at the
first meeting of the Common Council in May 2005. upon the expiration of the term of each
transitional appointment made pursuant to this section, all subsequent appointments shall be made
in accordance with Section 2001 of this Charter.
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Sec. 2202. Initial salaries of elected officers.
A. Mayor. Effective on the Adoption Date, the Mayor's salary shall be increased to
eighty thousand dollars($80,000.00) per year. After the Adoption Date, all adjustments to the total
compensation paid to Mayor, including salary, shall be in accordance with the provisions of this
Charter.
B. Members of the Common Council. Effective on the Adoption Date, the salary for
members of the Common Council shall be increased to twelve thousand dollars(312,000.00) per year.
After the Adoption Date, all adjustments to the total compensation paid to members of the Common
Council, including salary, shall be in accordance with the provisions of this Charter.
C. Salary of City Clerk. Within ninety(90) days after the Adoption Date, the Common
Council shall establish by resolution the initial total compensation for the City Clerk. After the
Common Council establishes the initial total compensation of the City Clerk by resolution, all
adjustments to the total compensation paid to the City Clerk, including salary, shall be in accordance
with the provisions of this Charter.
D. Salary of City Prosecutor. Within ninety (90) days after the Adoption Date, the
Common Council shall establish by resolution the initial total compensation for the City Prosecutor.
After the Common Council establishes the initial total compensation of the City Prosecutor by
resolution, all adjustments to the total compensation paid to the City Prosecutor, including salary,
shall be in accordance with the provisions of this Charter.
Sec. 2203. Municipal laws and regulations.
On or after the Operative Date, all ordinances, resolutions, orders, rules, and other regulations
not inconsistent with conflicting with, or interfering with the effective operation of this Charter, shall
remain and continue in force until duly amended, repealed, or replaced. Any ordinance, resolution,
order, rule, or other regulation in effect on the Operative Date, regardless of the method, manner, or
time of adoption, is hereby repealed to the extent inconsistent with, conflicting with, or interfering
with the effective operation of this Charter. After the Adoption Date and prior to the Operative Date.
the following shall occur:
A. Conformance of orders, rules, and regulations. Prior to the Operative Date, each
officer, department, agency, board, or commission responsible for promulgating orders, rules, or
other regulations of the City, shall review all such orders, rules, or other regulations for which it is
responsible, and shall amend, repeal, or replace such orders, rules, or other regulations to the extent
necessary to be consistent with this Charter.
B. Conformance of ordinances and resolutions. The City Attorney and City Clerk
shall review all ordinances and resolutions, and shall report to the Mayor and propose to the Common
Council the amendment or repeal of any existing ordinance, resolution, or order necessary to be
consistent with this Charter, or the adoption of new ordinances, resolutions, or orders necessary to
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implement the provisions of this Charter.
Sec. 2204. Previous personnel system.
Until the Operative Date, the provisions of sections 246 through 261 of the previous charter
f as they existed immediately prior to the Adoption Date, and any ordinances, rules, or regulations
adopted pursuant thereto, shall continue in full force and effect except as the same may hereafter be
changed by amendment thereof in the manner provided by law. After the Operative Date or the
f earlier adoption of the ordinance required in Article XX of this Charter, said sections, and any
ordinances, rules, or regulations adopted pursuant thereto, shall immediately cease to have any force
f or effect. The adoption of this Charter shall not affect any employee grievance proceeding or action
that has been commenced prior to the Adoption Date.
M
Sec. 220 . Sunset of previous section 186.
The provisions of sections 186 contained in the previous charter as it existed immediately
prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto, shall
continue in full force and effect for a period of two ) e
it shall immediately cease to have any force or effect.
years after the Adoption Date, at which time
Sec. 2206. Previous charter sections treated as ordinances.
The following sections of the previous charter as they existed immediately prior to the
Adoption Date, shall be treated as if enacted by ordinance, and may be amended, repealed, or
replaced by ordinance after the Adoption Date. To the extent of conflict or inconsistency between
the previous charter sections treated as if enacted by ordinance under this section and this Charter,
this Charter shall prevail.
Section 70 Section 161 Section 181 Section 215
Section 131 Section 162 Section 182 Section 216
Section 132 Section 165 Section 183 Section 217
Section 134 Section 166 Section 184 Section 219
Section 135 Section 167 Section 185 Section 229
Section 139 Section 168 Section 210 Section 234
Section 140 Section 169 Section 212 Section 238
Section 143 Section 170 Section 213 Section 240
Section 149 Section 180 Section 214
Sec. 2207. Effectiveness and repeal of former charter.
Upon the Adoption Date, the provisions of this Charter shall be in full force and effect under
the law and the provisions of the previous charter, as they existed immediately prior to the adoption
of this Charter, are hereby repealed except to the extent, and in the manner, and for the purposes that
this Charter expressly continues them in effect. The provisions of the previous charter which are
included and continued in this Charter or by ordinance pursuant to Section 2206 of this Charter shall
be deemed to have been adopted on the date when first adopted as part of the previous charter, and
such provisions shall be considered as continuing in full force and effect since the date of first
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adoption.
Sec. 2208. Elimination of transition provisions.
In the event the sections of this article become obsolete in the judgment of the City Attorney,
by virtue of the completion of all actions required under the section, the section shall be deemed
expired and the City Clerk shall secure removal of that section from the next printing of the Charter.
ARTICLE XXIII. MISCELLAtiEOtiS.
Sec. 2300. Oath of office.
Every officer of the City, appointed or elected, before entering upon the duties of the office,
shall take the oath of office as provided for in the constitution of this state, and shall file the same
with the City Clerk.
Sec. 2301. Official bonds.
The Common Council shall determine by ordinance which officers and employees shall be
subject to group or individual bonds to insure the faithful performance of official duties, and shall fix
the amount of such bonds, and shall provide for the payment of the premium of such bonds by the
C itv.
Sec. 2302. Conflicts of interest and ethics.
The Common Council may establish by ordinance regulations governing conflicts of interest
and ethics applicable to officers, employees, members of boards and commissions, and candidates
for elected office of the City. The Common Council shall not be required to negotiate or meet and
confer with officers, employees, or employee organizations regarding
regulations. the adoption or revision of such
Sec. 2303. Prohibition against holding other office or city positions.
Except where authorized by law, no elected officer of the City shall hold any other elected
public office during the term for which the person was elected to office. No elected officer shall hold
any other municipal office or hold any office or employment, the compensation of which is paid with
funds of the City, while serving as an elected officer of the City. Except for the incumbent in an
elected office on the Adoption Date that is abolished or otherwise removed from this Charter, no
former elected officer of the City shall hold any compensated office or employment with the City,
except an elected office, until at least one (1) year after the expiration of the term for which the
person was elected. Nothing in this section shall be construed to prohibit the appointment of any
current or former elected officer of the City to represent the City on the governing board of any
regional, state, federal, or other intergovernmental agency or commission.
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Sec. 2304. Delivery of books, papers, and property to successors.
All papers, books, documents, records, archives and other properties prepared for or
purchased by the City shall be and remain the property of the City. All officers, department heads,
agency heads, members of boards and commissions, and employees of the City, upon leaving office
or termination of employment or appointment, shall deliver to their successors all such papers,
documents, records, books, archives and other properties pertaining and belonging to the City in their
possession or under their control.
Sec. 2305. Effect of invalidity in part.
If any section, subsection, sentence, clause, or phrase of this Charter, or any amendment
thereto, is for any reason held to be unconstitutional or otherwise invalid, that decision shall not affect
the validity of the remaining portions of this Charter. The people of the City of San Bernardino
hereby declare that they would have ratified and adopted this Charter and each section, subsection,
sentence, clause, or phrase thereof, and any amendment thereto, irrespective of the fact that any one
or more other sections, subsections, sentences, clauses, phrases or amendments be declared
unconstitutional or otherwise invalid.
Sec. 2306. Violation of charter.
The violation of any provision of this Charter is a misdemeanor, and may be prosecuted by
the City Prosecutor in name of the people of the State of California, and may be redressed by civil
action in conjunction therewith.
PAGE 28 OE 28
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ROBIN D.HARRIS CHANDRA GEHRI SPENCER
MICHAEL ESTRADA MATTHEW D.MITCHELL
LAURENCE S.WIENER PAULA GUTIERREZ BAEZA
STEVEN R.ORR RUBEN DURAN
MICHAEL G.COLANTUONO GABRIEL FLORES
B.TILDEN KIM ALEXANDER ABBE July 5,2000
SASKIA T.ASAMURA .ULIA C.HAFFNER
KAYSER O.SOME .ACOB SHAHBAZ
SAULJAFFE
OF COUNSEL
HARRY L.GERSHON
MARK L.LAMKEN
WILLIAM K.KRAMER
JIM G.GRAYSON
SCOTT I.BARER
'ADMITTED ONLY IN KENTUCKY
Mayor Judith Valles
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Re: Review of Charter Revision
Dear Mayor Valles:
Pursuant to your request, I have reviewed the June 16, 2000 working draft of the San
Bernardino City Charter revision(the"draft Charter"). The draft Charter is a well-organized,
overall clearly written document. I have not identified any significant legal problems with the
provisions proposed. I recommend, however, that certain provisions described in this letter be
further reviewed or clarified by the Charter Committee. In addition, I recommend several
wording changes. The following are my comments and recommendations by section number:
Section 200. This provision is properly stated to provide the City with the full powers
of a charter city. We also usually add to the general powers section of a charter, an additional
sentence which reads:
"The City shall have the power to make and enforce all laws and regulations
regarding municipal affairs, subject only to such restrictions and limitations that
may be provided in this Charter or the Constitution of the State of California."
Although this provision falls within the scope of the first sentence, it emphasizes the
broad power of the City to legislate on municipal affairs.
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Section 304. The draft Charter provides that the legislative power of the Common
Council shall be exercised by ordinance. Since there are legislative acts that may be done by
resolution, such as General Plan amendments, the second sentence of this section should state
that all legislative power of the Common Council"shall be exercised by ordinance or
resolution."
This section also provides that upon the affirmative vote of at least five members of the
Common Council, investigations may be made into the affairs of the City and the conduct of
any City department, office board or commission. This provision as currently drafted may lead
to future disputes as to whether there was proper authorization for an inquiry. The term
"investigations in the affairs of the City"arguably covers any inquiry into how a department or
City program is running. I assume that this provision was intended to only apply to formal
investigations where subpoenas may be issued and witnesses are compelled to attend a meeting
to be examined under oath. If my assumption is correct, this provision should be redrafted to
more specifically state the scope of the types of investigation subject to a super majority vote.
Section 305. This section at the beginning requires all ordinances, resolutions and orders
to be adopted by at least four members of the Common Council. This provision is overly
restrictive and could cause problems in conducting business at meetings where only a quorum is
present. In general law cities, ordinances and orders for the payment of money must be adopted
by three votes on a five member Council. I recommend that four votes be required for these
types of action under the Charter. All other decisions can be made by a majority of the
quorum. If only four members are present, action can be taken by the affirmative vote of three
persons. This flexibility is particularly important in acting by resolution on quasi-judicial
decisions where a four vote decision-making requirement may prevent action from being timely
taken.
Section 305(C). The time frame for the Common Council to override a veto by the
Mayor should be specified.
Section 305(D). I recommend changing the term"date of passage"to"date of
adoption." In addition, the first sentence should specifically reference ordinances and
resolutions since the next sentence only applies to orders. Also, the first sentence needs to
reference the circumstance when the Mayor's disapproval is overridden by the Common
Council. Thus, the first sentence should be revised to read:
"The date of final adoption of ordinances and resolutions shall be deemed
the earlier of the date of approval by the Mayor, or the expiration of time
for the Mayor's disapproval, or the date the Mayor's disapproval is
overridden by the Common Council.
Section 309. If the Mayor Pro-Tempore is intended to have the same powers as the
Mayor when presiding at meetings of the Common Council,the third line of this section should
be revised to refer to"any ordinance, resolution or order of the Common Council...." Also,the
last line should state that a member of the Common Council presiding due to the absence of the
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Mayor or Mayor Pro-Tempore shall not have the power to "disapprove ordinances, resolutions
or orders of the Common Council."
Section 403(K). Technically, the term"repeal"should be used to refer to the
termination of an ordinance, while the tern"rescind"should be used to refer to the termination
of a resolution or order. Thus, I recommend that the word"repealed' be replaced with the word
"rescinded"with respect to executive orders and amendments thereof.
Section 404. The last sentence of this section states that the Common Council shall
provide by resolution for the succession from among its members to the duties of Mayor Pro-
Tempore when the Mayor Pro-Tempore is unable to perform the duties of the office. However,
since the Mayor initially appoints the Mayor Pro-Tempore, it would seem that the Mayor
should appoint the replacement for the Mayor Pro-Tempore who is unable to continue to serve.
In the event that the Mavor's office is vacated and the Mayor Pro-Tempore assumes the office
of the Mayor, then it would seem appropriate for the new Mayor to select the Mayor Pro-
Tempore subject to the confirmation by the Common Council.
Section 504(F). Subsection(F) currently provides that the City Clerk shall "oversee all
municipal elections." I understand that this word was used rather than "conduct"or
"administer" since the City normally contracts with the County to conduct its municipal
elections. Under the Elections Code, a city's election official who normally is the City Clerk is
given the authority to conduct the election, even though the actual administration of the election
is done by the County pursuant to contract. Thus, even when election services are performed by
the County, the City Clerk is still responsible for the conduct of the municipal election. I
recommend that subsection (F) be revised to read:
"F. Conduct or cause the conduct of all municipal elections."
Section 600. This section refers to the creation of the"position"of City Attorney.
Generally, the City Attorney is considered an officer of a city like the City Clerk and the City
Treasurer. Therefore, I would revise the first sentence to refer to the creation of the"Office of
the City Attorney."
This section provides that the Mayor with a majority vote of the Common Council shall
have the power and authority to employ other legal counsel and services and other assistants.
No distinction is made between outside counsel and Assistant City Attorney's who would be
employees of the City.
I recommend that the appointed City Attorney be authorized to appoint his or her
assistants. I am not aware of any city with an in-house appointed City Attorney where the City
Attorney does not have this authority. It is important for the proper functioning of a City
Attorney's office that the assistants are accountable to the City Attorney. It is in the City's
interests to have a City Attorney's office that has the appropriate amount of independence to
ensure that objective legal advice is provided. If the Mayor or Council is not satisfied with the
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legal service provided, they can replace the City Attorney. Also, this section should specify
separately the manner in which outside legal counsel may be retained.
Section 704(C). The word"or"should replace the comma between the words"Charter"
and"ordinances" in the third line. In the sixth line, the words "the charter or"should be
inserted before the word"any ordinance."
Section 705. In the second line, the words"City Council'should be replaced with
"Common Council."
Section 900. In the first line, the word"vacant"should be inserted between the words
"become"and`upon."
Sections 901 and 902. There seems to be a missing phrase in the third line of Section
901 and the fourth line of Section 902. These sections should be clarified as to whether the
vacancy and the unexpired term will only be filled by appointment or whether a special election
may be called.
Section 1102. Although the provisions of the Elections Code will govern the
referendum process to the extent not inconsistent with the Charter, I recommend stating in the
Charter that a referendum petition must be submitted to the City Clerk within thirty days after
the ordinance is adopted. Stating the time limit avoids possible confusion over when the
petition must be filed.
Section 1201. The last sentence of this section provides that the term of a member of
any board or commission shall coincide with the term of the elected officer who appointed the
member. Since this section does not specify how board or commission members are appointed.
but leaves that process to be defined by ordinance, I recommend also leaving this last sentence
to be provided for by ordinance.
Section 1700. This section provides for a Charter Review Committee to be appointed at
least every ten years, beginning in January 2010, to recommend to the Common Council any
Charter amendments that are considered necessary or appropriate. After receiving the
recommendations, the Common Council will decide whether to place any Charter amendments
on the ballot at the next general municipal election. Government Code Section 34450 et seq.
provides the exclusive procedure for adopting and amending charters. Under this statute,
charter amendments may be proposed for submission to the voters by an elected Charter
Commission or under Section 34458 by the City Council. Sections 1700 and 1701 comply with
the charter amendment procedure provided by Section 34458 as the decision whether to place
any Charter amendments on the ballot is made by the Common Council.
Section 2 10 1. This section provides that the Mayor shall present the budget to the
Common Council in such form as the Mayor deems desirable or the Common Council may
require. This provision creates a potential conflict as to whom determines the form of the
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budget. This section should clearly state who has the final authority to determine the form of
the budget. Possible approaches are the following:
a. The budget shall be "in such form as the Mayor deems desirable, after
consultation with the Common Council."
b. The budget shall be "in such form as the Mayor deems desirable, unless
otherwise directed by the Common Council."
Section 2207. Section 1305 authorizes the Common Council to transfer on a monthly
basis from the Water Fund to the general fund of the City, an amount not to exceed ten percent
of the revenues collected or received by the Board of Water Commissioners during the
preceding month. We are informed that this provision was adopted by the voters as part of the
previous charter prior to the adoption of Proposition 218. This provision is not subject to
Proposition 218 as it was voter-approved prior to the effective date of this proposition. The new
Charter will be continuing this same provision in effect. In order to make it clear that this
provision is a continuation of the prior law, I recommend that the following sentence be added
to the end of Section 2207 which repeals the previous charter:
"The provisions of the previous charter which are included within this
Charter shall be deemed to have been adopted on the date when first
adopted as part of the previous charter and such provisions shall be
considered as continuing in full force and effect since the date of first
adoption."
We greatly appreciate the opportunity to assist you and the Charter Committee
in the drafting of a proposed new City Charter. We would be pleased to answer any questions
or provide any further assistance that you may desire.
Very truly yours,
Grego . nicich
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SAN BERNARDINO CITY CHARTER c
PREAMBLE.
We, the citizens of San Bernardino, do hereby establish this Charter to promote economic,
environmental, and cultural prosperity throughout our community; to enable our city government
to meet the needs of the people effectively and efficiently; to provide for accountability and ethics
in public service; and to ensure equality of opportunity for every resident.
ARTICLE I. INCORPORATION AND SUCCESSION.
Sec. 100. Name and Boundaries.
The municipal corporation now existing and known as the City of San Bernardino shall
remain and continue as a municipal corporation under its same name. The boundaries of the City
shall be the boundaries as established at the time this Charter is adopted, or as the boundaries may
be changed thereafter in the manner authorized by law.
Sec. 101. Succession to rights, property, and liabilities.
The City shall remain vested with all rights and privileges of every kind and nature vested
in the City at the time this Charter is adopted. The City shall continue to own,possess, and control
all property of every kind and nature owned, possessed, or controlled by the City at the time this
Charter is adopted. The adoption of this Charter shall not abrogate, limit, or otherwise affect any
existing debt, obligation, contract, lawsuit, or other liability on behalf of or against the City.
ARTICLE II. POWERS OF CITY.
Sec. 200. Generally.
The City shall have all powers and rights possible for a charter city to have under the
constitution and laws of the State of California as fully and completely as though they were
specifically enumerated in this Charter, subject only to the limitations contained in this Charter. The
City shall have the power to make and enforce all laws and regulations regarding municipal affairs,
subject only to the such restrictions and limitations that may be provided in this Charter or the
Constitution of the State of California. The City shall have the power and may act pursuant to any
procedure established by state law, unless a different procedure is established by this Charter or by
ordinance of the City. The powers and rights of the City shall be construed liberally and in favor of
the City, and the enumeration of any particular power or right in this Charter shall not be construed
to be exclusive of, or as any limitation on, the general powers or rights granted in this article.
Sec.201. Intergovernmental actions.
The City may exercise any of its powers or perform any of its functions, and may participate
in the financing thereof,jointly or in cooperation, by contract or otherwise, with any one or more
cities, counties, states, foreign countries or civil divisions or agencies thereof, or the United States
or any of its agencies.
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ARTICLE III. LEGISLATIVE BRANCH.
Sec.300. Common Council.
There is hereby created the Common Council to exercise the powers provided for the
Common Council in this Charter. The Common Council shall be comprised of seven (7) elected
offices, the members of which shall be elected from wards by the voters in the ward, in the manner
provided in this Charter.
Sec.301. Creation of wards.
The City shall be divided by ordinance into seven (7) wards, designated as First Ward,
Second Ward, Third Ward, Fourth Ward, Fifth Ward, Sixth Ward, and Seventh Ward. The
boundaries of the wards shall be reviewed at least every ten (10) years upon completion of the
federal decennial census or more frequently as may be determined necessary. Boundary changes
shall not be made more than once in any two (2) year period nor within ninety (90) days of any
general municipal election. The boundaries of each ward shall be adjusted by the Common Council
as necessary to provide for substantially equal numbers of residents in each ward. Boundary
adjustments during the term of any member of the Common Council, shall not result in the loss of
any member's eligibility to hold office during such term. In establishing or changing the boundaries
of the wards, consideration shall be given, but is not limited, to the following factors: continuity,
integrity, cohesiveness, and compactness of territory; ;
; and general topography and geography.
Sec. 302. Eligibility to hold office.
To be eligible to hold office as a member of the Common Council, a person must be a citizen
of the United States, a qualified elector of the City, tat least twenty-five (25) years of agel, and a
eentintietis resident of the ward from which the person is elected. All of these eligibility
requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination
papers for election to office and continuously thereafter during the term of office.
Sec.303. Term of office.
Members of the Common Council shall be elected to serve for a term of four(4)years. The
term shall begin on the first meeting of the Common Council in March following the
Councilmember I s election,or if the Councilmember is elected at a run-off election,then on the first
meeting in the month following said Mafeh of the yeaf in whieh the run-off election is held. The
term shall continue until a successor is elected and qualifies.
Sec.304. Powers.
Except as otherwise provided in this Charter, all legislative powers of the City are vested in
the Common Council. All legislative power of the Common Council shall be exercised by ordinance
or resolution, subject to the approval of the Mayor as set forth in this Charter. All other powers of
the Common Council may be exercised by order or resolution, where not inconsistent with this
Charter or ordinances of the City, and subject to the approval of the Mayor as set forth in this
Charter. Upon the affirmative vote of at least five (5) members of the Common Council, the
Common Council may request information about niake fiafffial 4wesfigatiens inte the affairs of the
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City,or the conduct of any city department, office, agency,board, or commission by eewipelfiftg4he
Upon the affirmative vote of at least five(5)members of the
Common Council,the Common Council may issue subpoenas in the name of the City,which shall
be attested to by the City Clerk. Disobedience of a subpoena issued by the Common Council shall
be punished according to law. ,
and shall be punished in the same manflef as vielations of this Ghaf4ef afe punished,
Sec. 305. Ordinances, resolutions, and orders.
Ne efdinanee, effeseltitien-of efdef fef the payffleiit ef meney, shall be valid tiftle
the affi f,. a fi, ete of at le st f (4) ,,,ow,b e e fthe r n G " il. The le is� latiye
power of the City is hereby vested in the Common Council consisting of seven members, four of
whom shall constitute a Quorum, but a less number may adjourn from time to time, or compel the
attendance of other members. No order, except to adjourn for lack of Quorum, or to compel the
attendance of a Quorum, and no ordinance or resolution shall be valid unless it receives the
affirmative vote of four councilmembers. All ethef r elet efts eraers of the Com e., r,.,,,,
A. Procedures. Except as expressly provided in this Charter,the requirements for the
introduction, consideration, adoption, and effective date of ordinances, including all publication and
notice requirements, shall be governed by state law.
B. Approval by Mayor. Except as expressly provided in this Charter, no ordinance,
resolution, or order shall take effect without the approval of the Mayor. For orders, the approval of
the Mayor is presumed unless at the meeting at which the order is passed, the Mayor announces
disapproval and the reasons therefor. All ordinances and resolutions must be submitted in final form
to the Mayor for approval. The Mayor's approval of an ordinance or resolution is presumed unless
within five (5) business days from the date of submittal, the Mayor disapproves the ordinance or
resolution and provides written reasons therefor.
C. Override by Common Council. No order,resolution or ordinance shall have effect
without approval of the Mayor, except when five (5) members of the Common Council concur in
its adoption. ,
same meeting of the GeffH:nen Geuneil at whieh the efder-is disapproved.-
D. Approval and override in community development commission. When pursuant
to state law, the Mayor and Common Council have designated themselves as the community
development commission of the City,the Mayor shall have the power of approval of all orders and
resolutions of the Commission, in the same manner as the Mayor has in the City, subject to the
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power of the Commission to override any disapproval, in the same manner as the Council has in the
City.
E. Date of adoption. For ordinances and resolutions, the date of final adoption shall
be deemed the earlier of the date of approval by the Mayor, or the date when the time for the
Mayor's disapproval expires, '
Geoneil. For orders of the Common Council, ef iii these-cases=w�efe-t# '
r-equir-e ,the date of final adoption shall be deemed the date of adoption by the Common Council.
Sec. 306. Committees of the Common Council.
The Common Council may by ordinance or resolution establish committees composed of
less than a quorum of the Common Council,to assist the Common Council in exercising its powers.
The role of the committees is to become fully informed of the business of the City and to report to
the Common Council any information or recommendations necessary to enable the Common
Council to properly legislate. Approval of the Mayor pursuant to Section 305 of this Charter shall
not be required for any action of the Common Council under this section.
Sec. 307. Communication with management.
For purposes of inquiry and discussion related to management and administration of the City,
matters related to constituents, and pending legislative matters, members of the Common Council
may communicate with and/or inquire of the City Administrator, department heads, agency heads,
or other officers of the City. Members of the Common Council shall have no power to give any
orders, publicly or privately, to the City Administrator or any subordinate of the Mayor, or to any
department or agency head, or subordinate of the department or agency head. nef shall fflemb°rs e
ef supplies, or- any other- administr-a4ivpe . Members of the Common Council shall have no
power to order any subordinate of the Mayor,department head, agency head, or other officer, either
directly or indirectly, to appoint, employ, discipline, demote, suspend, or dismiss any employee of
the City.
Sec. 308. Meetings.
Except as expressly provided in this Charter, the notice, conduct, and procedures for all
meetings of the Common Council shall be governed by state law. The Common Council shall
provide by resolution for the order of business and the rules of procedure for the conduct of meetings
of the Common Council. The Common Council shall establish by ordinance the time and place of
its regular meetings. Special meetings may be called by the Mayor or a majority of the members of
the Common Council. A majority of all members of the Common Council shall constitute a quorum
to do business. The Common Council may establish rules for conduct of its meetings and
proceedings, and may order the removal of any member or other person for disrupting the meeting
or failing to comply with orders of the person presiding at the meeting. Except for procedural
motions or motions approved by unanimous vote, the ayes and noes of all votes of the Common
Council shall be recorded and entered in the minutes of the meeting.
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Sec. 309. Mayor to preside.
The Mayor shall preside at all meetings of the Common Council,but shall not be entitled to
vote. In the absence of the Mayor, the Mayor Pro-Tempore shall preside, shall have the same power
as the Mayor to disapprove any order of the Common Council, and shall retain the right to vote as
a member of the Common Council. In the absence of both the Mayor and the Mayor Pro-Tempore,
the Common Council may choose one (1) member of the Common Council to preside, who shall
retain the right to vote as a member of the Common Council but shall not have the power to
disapprove orders of the Common Council.
Sec. 310. Employees of Common Council.
Notwithstanding any other provision of this Charter, the Common Council may appoint,
discipline, remove, and prescribe qualifications and duties for employees that directly serve the
Common Council. Approval of the Mayor, pursuant to Section 305 of this Charter, shall not be
required for any action of the Common Council under this section.
ARTICLE IV. EXECUTIVE BRANCH.
Sec. 400. The Mayor.
There is hereby created the Office of the Mayor to exercise the powers and duties provided
for the Mayor in this Charter. The person elected to hold the Office of the Mayor shall be elected
by the voters of the City, in the manner provided in this Charter, and shall devote his or her entire
time to the duties of the office.
Sec.401. Eligibility to hold office.
To be eligible to hold the Office of the Mayor, a person must be a citizen of the United
States, a qualified elector of the City, at least thirty(30) years of age, and a eeftfiiitletls resident of
the City. All of these eligibility requirements must be satisfied at least twenty-nine(29) days prior
to the date of filing nomination papers for election to office and continuously thereafter during the
term of office.
Sec.402. Term of office.
The person elected to hold the Office of the Mayor shall be elected to serve for a term of four
(4)years. The term shall begin on the first meeting of the Common Council in March following the
Mayor I s election, or if the Mayor is elected at a run-off election, then on the first meeting in the
month followin sg aid run-off election is held. The term shall
continue until a successor is elected and qualifies.
Sec.403. Powers and duties.
Except as otherwise provided in this Charter, management and administrative authority of
the City is vested in the Mayor, who shall be the Chief Executive Officer of the City. The Mayor
shall be accountable to the People for the proper and efficient administration of all affairs of the City,
for providing leadership and taking issues to the People, and for marshaling public interest in and
support for municipal activity.
all laws and efdkiaiiees of the City.- In fulfilling the obligations of the office, the Mayor shall
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specifically,but not by way of limitation, have the power and duty to:
A. Cause the strict enforcement of all laws and ordinances within the City: shall
vigilantly observe the official conduct of all public officers, and take notice of the fidelity and
exactitude, or the want thereof, with which they execute their duties and obligations, especially in
the collection, administration, and disbursement of public funds and property. Any defamation or
willful neglect of duty or official misconduct which may be reported or discovered by the Mayor
shall be laid before the Common Council in order that public interests may be protected and the
person in default proceeded against according to law.
B. Exercise management authority, including the delegation of discretionary functions,
over all departments, agencies, and employees of the City except as otherwise provided in this
Charter and shall have general sUervision of all City officers elected or appointed, except Common
Council Members.
C. See that all contracts and agreements with the City are faithfully kept and fully
performed, and to that end shall cause legal proceedings to be commenced and prosecuted in the
name of the City against all persons or corporations failing to fulfill their agreements or contracts,
either in whole or in part.
D. Appoint, discipline, remove, and prescribe qualifications and duties for employees
of the Office of the Mayor, as may be needed to perform the duties and carry out the responsibilities
of that office.
E. Appoint and prescribe qualifications and duties for department heads, agency heads,
and other non-elected officers of the City, subject to confirmation by the Common Council.
F. Discipline and remove from office any department head, agency head, or other non-
elected officer of the City.
G. Subject to the personnel system adopted pursuant to this Charter, approve or
disapprove,within five (5)business days, the appointment, discipline, or removal of an employee
appointed by any department head, agency head, or other non-elected officer of the City.
H. Make recommendations to the Common Council concerning the affairs of the City
and, at least once per year, publicly address the Common Council on the state of the City.
I. Actively promote economic development to broaden and strengthen the commercial
and employment base of the City.
J. Prepare and submit an annual budget for the City to the Common Council for
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consideration, and keep the Common Council fully advised as to the financial condition and future
needs of the City.
K. Represent the City in all intergovernmental relations and for all ceremonial purposes.
L. Declare a local emergency and coordinate the City's emergency response activities
in accordance with procedures established by ordinance.
M. Issue executive orders (verbal or written), ifing, to establish procedures and
implement policies consistent with this Charter and ordinances of the City. Any executive order or
amendment thereof may be rescinded by an affirmative vote of at least five (5) members of the
Common Council.
N. Perform other duties and functions as are specified in this Charter or by ordinances
of the City.
Sec. 404. Mayor Pro-Tempore.
The Mayor shall appoint,within a reasonable time after commencement of the Mayor's term
of office and subject to confirmation by the Common Council, sae;one(1)member of
the Common Council to serve as the Mayor Pro-Tempore. When the Mayor is unable to perform
the duties of the Office of the Mayor, the Mayor Pro-Tempore shall have all powers and duties of
the Mayor, and shall retain the right to vote as a member of the Common Council,until the Mayor
is able to perform the duties or until the Common Council declares the Office of the Mayor vacant.
If the Mayor Pro-Tempore fills a vacancy in the Office of the Mayor pursuant to Section 902 of this
Charter, the Mayor Pro-Tempore serving as the Mayor shall appoint a Mayor Pro-Tempore in
accordance with this section. Any Mayor Pro-Tempore shall serve at the pleasure of the Mayor.
Sec. 405. City Administrator.
There is hereby created the position of the City Administrator. The Mayor ShA as y appoint
a City Administrator, subject to confirmation by the Common Council., and fflay r-emeve the City
The City Administrator, who shall serve at the pleasure of the Mayor, shall be a
person of demonstrated administrative ability with experience in a responsible, executive capacity
and shall be selected on the basis of executive and administrative qualifications. The City
Administrator shall have at least five(5)years of experience as the administrative head or assistant
administrative head of a city, or equivalent experience in the direction and supervision of other
government or private business activities of comparable importance and magnitude. The City
Administrator shall work under the direct supervision of the Mayor, and shall be responsible to the
Mayor for administrative matters of the City not otherwise assigned in this Charter. The specific
duties, responsibilities, and functions of the City Administrator shall be established, defined, and
altered by exeetifive °°a ° the Mayor.
Sec. 406. Police and Fire Departments
There is hereby created the Police and Fire Departments which shall be under the control and
management of the Mayor.
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Sec. 407. Police Department—Membership
The Police Department shall consist of a Chief of Police, and such officers and other police
officers men as the Mayor and Common Council may from time to time determine.
Sec.408. Chief of Police—Duties
The Mayor shall appoint a Chief of Police, subject to the approval of the Common Council.
The Chief of Police shall have the powers and duties that are now or may hereafter be conferred
upon chiefs of police by the laws of the State, and such powers and duties shall in all respects be
promptly executed by police officers and authorized personnel in the Police Department. The Chief
of Police shall enforce the laws of the State and the ordinances of said City, and shall arrest all
persons suspected of violations of the same. The Chief of Police He shall also have charge of the
City Jail, of all prisoners and of all those who are sentenced to labor upon public streets, public
works or other places of said City and shall execute and enforce all orders and sentences in reference
thereto; and shall perform such other duties as may be prescribed by Mayor and Common Council.
Sec. 409. Fire Department—Membership
The Fire Department shall consist of a Chief Engineer and as many assistants and other
employees as the Mayor and Common Council may determine.
ARTICLE V. CITY CLERK.
Sec. 500. The City Clerk.
There is hereby created the Office of the City Clerk to exercise the powers and duties
provided for the City Clerk in this Charter. The person elected to hold the Office of the City Clerk
shall be elected by the voters of the City, in the manner provided in this Charter, and shall devote
his or her entire time to the duties of the office.
Sec. 501. Eligibility to hold office.
To be eligible to hold the Office of the City Clerk, a person must be a citizen of the United
States, a qualified elector of the City, at least thirty(30) years of age, a ee resident of the
City,and shall have at least five(5)years experience as a city clerk or deputy city clerk. All of these
eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing
nomination papers for election to office and continuously thereafter during the term of office.
Sec. 502. Term of office.
The person elected to hold the Office of City Clerk shall be elected to serve for a term of four
(4)years. The term shall begin on the first meeting of the Common Council in March following the
City Clerk's election, or if the City Clerk is elected at a run-off election, then on the first meeting
in the month following said Mar-eh of the yeaf in...hie run-off election is held. The term shall
continue until a successor is elected and qualifies.
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Sec. 503. Deputy city clerks and other employees.
Subject to budgetary constraints, the City Clerk may appoint, discipline, remove, and
prescribe qualifications and duties of all Deputy City Clerks and other employees working in the
Office of the Citv Clerk. All Deputy City Clerks and other employees shall serve at the pleasure of
the City Clerk.
Sec. 504. Powers and duties.
The powers and duties of the City Clerk shall be as follows:
A. Serve as the custodian of the City seal and the ordinances, resolutions, contracts,
records, and other documents of the City entrusted to the City Clerk's care.
B. Keep all ordinances, resolutions, contracts, records, and other documents properly
indexed and, when not in actual use, open during regular office hours to public inspection.
C. Keep a record and have custody of all official bonds, and place and renew all
corporate surety bonds of officers and employees, provided that the reliability of the corporate
sureties has been approved by the Common Council.
D. Give all required notices and attend all meetings of the Common Council, and keep
a record of its proceedings.
E. Administer all oaths and affirmations, except as otherwise provided by this Charter.
F. Conduct or cause the conduct of all municipal elections.
G. Issue business registration certificates and countersign all warrants on the City
treasury, except warrants of the boards established under Articles XIII and XIV of this Charter.
H. Perform the duties of a city clerk established by state law, or ordinance or resolution
of the City, where not inconsistent with this Charter.
ARTICLE VI. CITY ATTORNEY.
Sec. 600. The City Attorney.
There is hereby created the position of City Attorney. The Mayor shall appoint the City
Attorney, subject to confirmation by the Common Council, and the Mayor may remove the City
Attorney, subject to confirmation by the Common Council. The person appointed as City Attorney
shall devote his or her entire time to the duties of the office. This Article shall take effect on the first
Council meeting in March, 2004, consistent with Section 1003.
Sec. 601. Eligibility.
To be eligible to be appointed as City Attorney, a person must be an attorney-at-law licensed
to practice in all the courts of the State of California, and prior to appointment must have engaged
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in the practice of law in the State of California for at least five(5) years, with at least five(5)years
experience as either a city attorney or deputy city attorney, or possess a comparable understanding
of municipal law.
Sec. 602. Deputy City Attorneys and other employees.
Subject to budgetary constraints, the City Attorney may appoint, discipline, remove, and
prescribe qualifications and duties for all deputy city attorneys and other employees working under
the direction and control of the City Attorney. Every Deputy City Attorney shall be a€x4y duly
licensed attorney-at-law under the laws of the State of California. All Deputy City Attorneys and
other employees shall serve at the pleasure of the City Attorney at the time of appei *me~*
Sec. 603. Duties.
The City Attorney shall serve as chief legal advisor to the Common Council, the Mayor, and
all departments, agencies, commissions, boards, and appointed bodies of the City. The City
Attorney, or his or her designee, shall attend all meetings of the Common Council; shall represent
and appear for the City in all legal actions brought by or against the City, shall also act and
appear as attorney for any City officer or employee who is a party to any legal action in his or her
official capacity.
Sec. 604. Prohibition against private practice.
The City Attorney shall not conduct any private law practice while holding office.
Sec. 605. Outside legal counsel.
The Mayor and Common Council shall have the power and authority to employ and engage
such outside legal counsel and services as may be necessary and proper for the interest and benefit
of the City and the inhabitants thereof.
ARTICLE VII. CITY PROSECUTOR.
Sec. 700. The City Prosecutor.
There is hereby created the Office of the City Prosecutor to exercise the powers and duties
provided for the City Prosecutor in this Charter. The person elected to hold the Office of the City
Prosecutor shall be elected by the voters of the City, in the manner provided in this Charter, and shall
devote his or her entire time to the duties of the office. This section will take effect in March. 2004
consistent with Section 1003.
Sec. 701. Eligibility to hold office.
To be eligible to hold the Office of the City Prosecutor, a person must be a citizen of the
United States, a qualified elector of the City, at least thirty(30) years of age, a eenfintietis resident
of the City, an attorney-at-law licensed to practice in all the courts of the State of California, and
must have engaged in the practice of law in the State of California for at least five(5) years. All of
these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of
filing nomination papers for election to office and continuously thereafter during the term of office.
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Sec. 702. Term of office.
The person elected to hold the Office of the City Prosecutor shall be elected to serve for a
term of four(4) years. The term shall begin on the first meeting of the Common Council in March
following the City Prosecutor's election,or if the City Prosecutor is elected at a run-off election,then
on the first meeting in the month following said Nlafeh ef the yeaf in whi the run-off election. is
held- The term shall continue until a successor is elected and qualifies.
Sec. 703. Deputy city prosecutors and other employees.
Subject to budgetary constraints, the City Prosecutor may appoint, discipline, remove, and
prescribe qualifications and duties for all Deputy City Prosecutors, investigators, and other
employees working in the Office of the City Prosecutor. Every Deputy City Prosecutor shall be a
duly €t�licensed attorney-at-law under the laws of the State of California. All deputy city
prosecutors and other employees shall serve at the pleasure of the City Prosecutor.^* the *im° of
Sec. 704. Powers and duties.
The powers and duties of the City Prosecutor shall be as follows:
A. Investigate and prosecute, on behalf of the People, violations of this Charter or
ordinances of the City, including all recognizances and bail bonds forfeited in such cases, and the
recovery of fines, penalties, forfeitures, and other money accruing to the City in such cases.
B. Whenever authorized under state law, the City Prosecutor may investigate and
prosecute on behalf of the People,misdemeanor or lesser offenses arising upon the violation of state
law within the City, including all recognizances and bail bonds forfeited in such cases, and the
recovery of fines,penalties, forfeitures, and other money accruing to the City or the County of San
Bernardino in such cases.
C. Conduct all proceedings relating to the application for or hearing upon a writ of
habeas corpus by any person held in custody and charged with having committed a criminal offense
against this Charter or ordinances of the City, or having committed a misdemeanor or lesser offense
under state law within the City. A copy of the application for such writ must be served upon the City
Prosecutor at such times and in such manner as provided by law. In matters of habeas corpus in
which the constitutionality of this Charter or any ordinance of the City has been raised, the City
Prosecutor shall immediately notify the City Attorney. The City Attorney may become associated
with the City Prosecutor in any such action or proceeding and have charge of such litigation.
D. Advise the police department and other code enforcement departments of the City
concerning the enforcement of ordinances of the City.
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Sec. 705. Power of investigation.
The City Prosecutor shall have the power to investigate all matters necessary to perform the
duties of the Office of the City Prosecutor and, subject to the approval of the Common Council, the
City Prosecutor shall be appropriated such investigatien investigative funds as may be necessary to
perform such duties. The City Prosecutor may employ special investigators in connection with such
investigations.
Sec. 706. Prohibition against private practice.
The City Prosecutor shall not en a e in en-fidun't.-ate private law practice while holding
office.
ARTICLE VIII. CITY TREASURER.
Sec. 800. The City Treasurer.
There is hereby created the position of City Treasurer. The Common Council shall establish
by ordinance the procedures for appointing and the qualifications for the City Treasurer, who shall
perform the duties, responsibilities, and functions established, defined, and altered by such
ordinance. The City Treasurer shall perform the duties of a city treasurer established by state law
where not inconsistent with this Charter or ordinances of the City. This article shall take effect on
the first Council meeting in March, 2004, consistent with Section 1003.
ARTICLE IX. VACANCIES.
Sec. 900. Vacancies and forfeiture of office.
An elected office shall become vacant upon the occurrence of any of the following: an event
that causes a vacancy of public office as provided in the Government Code of the State of California,
removal of the incumbent from the office in any manner authorized by law, or forfeiture of the
office. An elected officer shall forfeit the office if the elected officer lacks at any time during the
term of office the eligibility requirements for the office established by this Charter or by law, or the
elected officer accepts or retains another elected office or employment as prohibited by this Charter
or by law. The existence of a vacancy shall be declared by resolution of the Common Council
stating the reasons for the vacancy, and the vacancy shall be filled in the manner provided in this
Charter.
Sec. 901. Filling vacancies in elected offices.
If an elected office is declared vacant in accordance with this article,the Mayor shall appoint,
subject to confirmation by the Common Council, a person eligible to fill the vacancy. The person
appointed to fill the vacancy, shall serve in the elected office until a person is elected to the office
for the remainder of the unexpired term or for a new term, at a special municipal election to be held
no later than one hundred and eighty(18 0) days after the declaration.
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Sec. 902. Filling vacancy in the Office of the Mayor.
If the Office of the Mayor is declared vacant in accordance with this article,the Mayor Pro-
Tempore shall serve as Mayor with all powers and duties of the Mayor, and shall retain the right to
vote as a member of the Common Council, until a person is elected to the Office of the Mayor for
the remainder of the unexpired term or for a new term, at a special municipal election to be held no
later than one hundred and eighty (180) days after the declaration. If the office of Mayor Pro-
Tempore is vacant at the time the Office of the Mayor is declared vacant,the Common Council shall
select one (1) of its members to serve as Mayor in accordance with this section, until a person is
elected to the Office of the Mayor in accordance with this section. Upon the Mayor Pro-Tempore
becoming Mayor, said person shall comply with Section 400 of this Charter within a reasonable
period of time not to exceed 6 months.
ARTICLE X. ELECTIONS.
Sec. 1000. General municipal elections.
General municipal elections for the election of officers and for such other purposes as the
Common Council may prescribe, shall be held on the first Tuesday following the first Monday of
November of each odd numbered year.
Sec. 1001. Run-off municipal elections.
If in any general municipal election no candidate receives a majority of the votes cast for the
elected office,the Common Council shall immediately,upon determination of that fact,call a run-off
municipal election to be held on the first Tuesday after the first Monday in February.
Notwithstanding any other section of this Charter, whenever a county-wide or state-wide election
is scheduled within sixty (60) days after the date on which a run-off municipal election would
otherwise be held pursuant to this Charter, the City shall consolidate the run-off municipal election
with the county-wide or state-wide election. The two candidates receiving the highest number of
votes for the office in the general municipal election shall be declared the candidates for the run-off
municipal election.
Sec. 1002. Special municipal elections.
All other municipal elections that may be held by authority of this Charter or of any law,
shall be known as special municipal elections. Notwithstanding any other section of this Charter,
whenever a county-wide election, state-wide election, general municipal election, or run-off
municipal election is scheduled within sixty (60) days of the date on which a special municipal
election would otherwise be held pursuant to this Charter, the City shall consolidate the special
municipal election with the county-wide election, state-wide election, general municipal election,
or run-off municipal election. if iii any special municipal eleetieti - eaftElidate ljefity
ef that faet, eall aiiether- speeial munieipal eleefien te be held withift niiiety (90) days ther-eefi, eA
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"th in "hie the a a' „',,,.t. &'� l The candidate receiving the most votes in a
illvii 1 111 YY 111 V11 1ZI
special election shall take office at the first meeting of the Common Council in the month following
the month in which the special election is held.
Sec. 1003. Election dates.
In 2001 and every four(4) years thereafter, a general municipal election shall be held to elect
persons to the following elected offices of the City: Office of the Mayor, Office of the City r,,,,.,_,
O ffiee e f the Gity D--es-ee •+er, Councilmember First Ward, Councilmember Second Ward, and
Councilmember Fourth Ward. In 2003 and every four (4) years thereafter, a general municipal
election shall be held to elect persons to the following elected offices of the City: Councilmember
Third Ward, Councilmember Fifth Ward, Councilmember Sixth Ward, Councilmember Seventh
Ward, Office of the Citv Clerk and Office of the Citv Prosecutor.
Sec. 1004. Procedures for holding elections.
To the extent not provided for and to the extent not in conflict with this Charter, all elections
shall be held in accordance with the provisions of the Elections Code and the Government Code of
the State of California for the holding of municipal elections.
ARTICLE XI. INITIATIVE, REFERENDUM,AND RECALL.
Sec. 1100. Generally.
The powers of initiative,referendum, and recall are hereby reserved to the voters of the City.
To the extent not provided for and to the extent not in conflict with this Charter, the provisions of
the Elections Code of the State of California shall govern the exercise of the powers of initiative,
referendum, and recall.
Sec. 1101. Initiative.
Any proposed ordinance which the Common Council itself might adopt may be submitted
to the Common Council by petition requesting that the ordinance be adopted by the Common
Council or submitted to the voters of the City. This process shall be known as the initiative. To
commence proceedings to exercise the power of initiative, a proposed ordinance must be submitted
to the City Clerk, accompanied by a petition signed by qualified voters of the City equal in number
to thirty percent (30%) of the entire vote cast for all candidates for Mayor at the last election at
which the Mayor was elected. Initiatives to amend the Charter shall be governed by provisions of
the California Constitution and applicable provisions of state law concerning charter amendments.
Sec. 1102. Referendum.
For any ordinance duly adopted by the Common Council, a petition may be submitted to the
Common Council, suspending such ordinance from operation, and requiring the Common Council
to reconsider such ordinance, and if the same is not entirely repealed, submit the ordinance to the
voters of the City. This process shall be known as the referendum. To commence proceedings to
exercise the power of referendum, a petition must be submitted to the City Clerk within thirty(30)
days after the date of final adoption for the ordinance that is the subject of the referendum. At the
time of submission, the petition must be signed by qualified voters of the City equal in number to
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thirty percent(30%) of the entire vote cast for all candidates for Mayor at the last election at which
the Mayor was elected.
Sec. 1103. Recall.
Every incumbent in an elected office in the City, whether elected by popular vote or
appointed to fill a vacancy,may be removed from the elected office by the voters eligible to vote for
such elected office. This process shall be known as the recall. Any vacancy of an elected office
caused by the recall of an elected officer shall be filled in accordance with the provisions of this
Charter. No person recalled from an elected office or who resigned from elected office while recall
proceedings were pending, shall be appointed to any office within two (2) years after the recall or
resignation. To commence proceedings to exercise the power of recall, a petition must be submitted
to the City Clerk. At the time of submission,the petition must be signed by qualified voters eligible
to vote for the incumbent equal in number to the lesser of the following:
A. Twenty-five percent(25%)of the registered voters eligible to vote for the incumbent
proposed to be recalled, according to the last official report of registration to the Secretary of State
of California by the County' IME of the r-v,,,mty efSan B,,.iar-di county elections official of the
County of San Bernardino.
B. The entire vote cast for all candidates for the elected office from which the incumbent
is proposed to be recalled, at the last election held for that elected office;but in no circumstance shall
this number be less than ten percent(10%) of the registered voters eligible to vote for the incumbent
proposed to be recalled, according to the last official report to the Secretary of State of California
by the r„..iit,,GedE, fthe Gets t y of&H Befnardine ounty elections official of the County of San
Bernardino.
ARTICLE XII. BOARDS AND COMMISSIONS.
Sec. 1200. Creation.
The Ma o�r and Common Council may establish by ordinance such operational, advisory,
appellate, or rule-making boards and commissions as in it,,their are required for the proper
operation of any function or agency of the City. The Mayor and Common Council shall prescribe
the powers, duties, functions, and jurisdiction of each board and commission established under this
article, and shall establish the number of members of each board and commission, and their
qualifications,terms, compensation, and reimbursement for expenses, if any.
Sec. 1201. Appointment and removal of members.
The Mayor and Common Council shall provide by ordinance the procedure for appointing
members of boards or commissions established under this article. Aft), me.,,bef of a bear- er
established Uffider-this aftiele may be r-enieved by the affiffflative vete of at least five(S)
nieffiber-s Va a1aV GVlll
ARTICLE XIII. BOARD OF WATER COMMISSIONERS.
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Sec. 1300. Creation.
There is hereby created the Board of Water Commissioners to exercise the powers and duties
prescribed in this article, in a manner consistent with this Charter and ordinances of the City.
Sec. 1301. Membership.
The Board of Water Commissioners shall be composed of five(5)members appointed by the
Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the
Board of Water Commissioners, a person must be at least twenty-five (25) years of age and a
qualified elector of the City. All of these eligibility requirements must be satisfied at least twenty-
nine (29) days prior to the date of appointment and continuously thereafter during the term of
appointment. Persons appointed to the Board of Water Commissioners shall serve a term of six(6)
years and thereafter until a successor is appointed and qualifies. One(1) appointment to the Board
of Water Commissioners shall be made at the first meeting of the Common Council in May of each
of the following years, and again every six (6) years thereafter: 2001, 2003, 2004, 2005, and 2006.
Any person appointed to the Board of Water Commissioners may be removed by the affirmative
vote of at least five (5) members of the Common Council. If the position of any member on the
Board of Water Commissioners is vacated prior to the expiration of the member's term, the Mayor
shall appoint a person to fill the remainder of the unexpired term, subject to confirmation by the
Common Council.
Sec. 1302. Powers and duties.
The Board of Water Commissioners shall have the power and duty to:
A. Establish and collect rates, fees, and charges for providing water service and
wastewater treatment, and collect all rentals from water bearing lands.
B. Establish, regulate, control, manage, operate, repair, and extend the City's water
service system and wastewater treatment works and facilities, and to purchase, lease, or otherwise
acquire any and all real or personal property necessary or convenient for such purposes.
C. Design, construct, alter, and maintain all public facilities, structures, and property
used for providing water service and wastewater treatment.
D. Make and enforce all rules and regulations necessary for the administration,
governance, and protection of the City's water service system and wastewater treatment works and
facilities, and all property belonging thereto.
E. Incur indebtedness or liability not exceeding in any year the income and revenue
provided for such year, subject to the applicable state law procedures and limitations for the creation
of indebtedness in force at the time the indebtedness is created by the Board of Water
Commissioners.
F. Appoint, discipline, remove, fix compensation, and prescribe qualifications and
duties for the general manager of the water service system and wastewater treatment works and
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facilities.
G. Subject to the procedures of the personnel system established pursuant to this
Charter, appoint, discipline, remove, fix compensation, and prescribe qualifications and duties for
such officers and employees as may be necessary or convenient for the administration, governance,
and protection of the City's water service system and wastewater treatment works and facilities.
Sec. 1303. Ordinances to enforce rules and regulations.
The Common Council shall enact such ordinances as may be necessary to enforce the rules
and regulations adopted by the Board of Water Commissioners.
Sec. 1304. Water Fund.
There is hereby created an enterprise fund to be known as the Water Fund, the monies in
which shall be used solely in furtherance of the powers and duties of the Board of Water
Commissioners relating to water service, except as otherwise provided in this Charter. All revenue
from every source collected or received by the Board of Water Commissioners in connection with
its provision of water service and its possession, management, and control of water service systems
and facilities, shall be deposited in the Water Fund. All monies in the Water Fund shall be kept
separate and apart from other monies of the City and shall be drawn only upon demands
authenticated by the Board of Water Commissioners.
Sec. 1305. Transfer- of foods. Section Reserved.
The Ge .. Getineil fflay, in its disff:Pti ,i3=ci�RS�Pr- Affienthly basis fte +rrr is �xWa4eT
Fund to the genera l Rind of the City, an ametititt niewt. t ten t (101%) f the r-eveiiti
and Gew.%efi Getiiieil may > ifi its disefetien,
te any fund established fbf the r-epayfflent ef bends issued by of on behalf of the Board ef Wa4er-
Geffifnissiefter-s, an affletint equal to ene twelfth (1/12) ef the affietint whieh will beeeffle dtle a
Sec. 1306. Deposit of monies in sewer fund.
All revenue from every source collected or received by the Board of Water Commissioners
in connection with its provision of wastewater treatment and its possession, management, and
control of wastewater treatment works and facilities, shall be deposited in an enterprise sewer fund
established by ordinance of the City. All monies deposited by the Board of Water Commissioners
in said sewer fund shall be kept separate and apart from other monies of the City.
ARTICLE XIV. BOARD OF LIBRARY TRUSTEES.
Sec. 1400. Creation.
There is hereby created the Board of Library Trustees to exercise the powers and duties
prescribed in this article, in a manner consistent with this Charter and ordinances of the City.
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See. 1401. Membership.
The Board of Library Trustees shall be composed of five (5) members appointed by the
Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the
Board of Library Trustees, a person must be at least twenty-five (25) years of age and a qualified
elector of the City. All of these eligibility requirements must be satisfied at least twenty-nine (29)
days prior to the date of appointment and continuously thereafter during the term of appointment.
Persons appointed to the Board of Library Trustees shall serve a term of six (6)years and thereafter
until a successor is appointed and qualifies. One(1) appointment to the Board of Library Trustees
shall be made at the first meeting of the Common Council in May of each of the following years,
and again every six(6) years thereafter: 2003, 2004, 2005, 2006, and 2007.
If the position of any member on the
Board of Library Trustees is vacated prior to the expiration of that member's term, the Mayor shall
appoint a person to fill the remainder of the unexpired term, subject to confirmation by the Common
Council. Members of the Board of Library Trustees shall serve without salary or compensation.
See. 1402. Powers and duties.
The Board of Library Trustees shall have the power and duty to:
A. Manage, control, and operate a central public library and branch public libraries
within the City.
B. Make and enforce all rules, regulations, and by-laws necessary for the administration,
governance, and protection of the public library system and all property belonging thereto or that
may be loaned thereto.
C. Appoint, discipline, remove, fix compensation, and prescribe qualifications and
duties for the director of the public library system.
D. Subject to the procedures of the personnel system established pursuant to this
Charter, appoint, discipline, remove, fix compensation, and prescribe qualifications and duties for
such officers and employees as may be necessary or convenient for the administration, governance,
and protection of the public library system.
E. Purchase books,journals, publications, information systems and technology, and
other personal property, and rent and equip such buildings or rooms as may be necessary or proper
for the operation and maintenance of the public library system.
F. At the time and in the form established by the Mayor, submit a recommended budget
to the Mayor detailing a complete financial plan of all operations and activities of the public library
system. The recommended budget shall be accompanied by a message describing the important
features of the budget, indicating any major changes from the preceding year in expenditures and
revenues,together with the reasons for the changes, and include such other information as the Mayor
deems appropriate.
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G. Administer any trust declared or created for the public library system, and receive by
grant, entitlement, donation, gift, bequest, or devise any monies or real or personal property, and
where not otherwise provided, dispose of such property for the benefit of the public library system.
H. Borrow or lend books and other library materials to other jurisdictions and allow non-
residents to borrow books and other library materials upon such conditions as the Board of Library
Trustees may prescribe.
I. Contract with schools, counties, or other governmental agencies to render or receive
library services or facilities.
Sec. 1403. Library Fund.
There is hereby created a fund to be known as the Library Fund, the monies in which shall
be used solely for financial support of the public library system. All monies in the Library Fund
shall be kept separate and apart from other monies of the City and shall be drawn only upon demands
authenticated by the Board of Library Trustees. Monies received from the following sources,
including any interest earned thereon, shall be deposited in the Library Fund:
A. Revenues generated from any fines, sales, or operations of the public library system.
B. Monies received by the City or by the Board of Library Trustees from any local,
state, or federal grants or entitlements, or from donations, gifts, bequests, or devises, expressly
designated for use in support of the public library system; unless the deposit of such monies into the
Library Fund would be inconsistent with the terms or conditions of its acquisition, in which case the
Board of Library Trustees shall provide for the safety and preservation of such monies and shall
make use thereof in accordance with the terms and conditions applicable thereto.
Sec. 1404. Title to property.
Unless inconsistent with the terms of its acquisition, title to all real and personal property,
now owned or hereafter acquired by purchase, donation, bequest, or otherwise, for the purpose or
use of the public library system, shall vest and be and remain in the name of the City.
ARTICLE XV. BOARD OF EDUCATION.
Sec. 1500. Creation-. Section Reserved.
There is hereby er-eated the San Beffiaf-7dine City Uflified Seheel Distfiet,whieh shall iftelude
aH ef the publie seheels of said Distr-iet as new established er-as fflay hereafter-be established. There
tFdstee established iii i,] D t i F F 1. a 4
~L/ VJLU
1
Sec. 1501. State law goverms. Section Reserved.
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and duties pufstiant te the pr-evisiens of the Edueation Cede of the State of Califemia. The tefffia
r-ni.�rc,,.nt to the „F the E ♦' Cede of the State of li f
r rY ..�':,�� .,� «��z
Sec. 1502. Erg et ofeh°--ter, Section Reserved.
ARTICLE XVI. PLANNING COMMISSION.
Sec. 1600. Creation.
There is hereby created the Planning Commission for the City, consisting of nine members
whose terms of office shall be four years. The fflannef in v4iiei,, she times at"ie , alid the*e'-'Ms
€er which the members of the Planning Commission shall be appointed, and their qualifications ead
the ntwAer-"ieh shall +'+"t"the Plapming CenH:issieii shall be established by ordinance of the
:Mayor and Common Council. The Mayor shall appoint two commissioners and each
Councilmember shall appoint one commissioner.
Sec. 1601. Powers. and duties.
The Planning Commission shall exercise the powers and delegated to a planning
commission by state law and by ordinance of the City, where not inconsistent with this Charter.
ARTICLE XVII. CHARTER REVIEW COMMITTEE.
Sec. 1700. Creation.
In January, 2010, and in January every ten (10) years thereafter, a Charter Review
Committee shall be appointed in accordance with the procedures established for appointments under
Article XII of this Charter. The members shall serve on a voluntary basis and without compensation.
The Mayor and Common Council may appoint a Charter Review Committee more often, if they
deem it necessary.
Sec. 1701. Duties and procedure.
The Charter Review Committee shall, after study and holding public meetings,recommend
to the Common Council any amendments to the Charter for placement on the ballot at the next
general municipal election. The final recommendations of the Charter Review Committee shall be
presented to the Common Council no later than the first meeting of the Common Council in
February in the year following the appointment of the Charter Review Committee. The Common
Council shall aet upen receive the recommendations of the Charter Review Committee prior to the
last day to place measures on the ballot for the next general municipal election.
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ARTICLE XVIII. SALARY COMMITTEE.
Sec. 1800. Creation.
In January, 2002, and in January e€every two (2) years thereafter, the Mayor shall appoint
a Salary Committee consisting of seven (7) members, subject to confirmation by the Common
Council.
,
ether-appointees. No person shall be appointed to the Salary Committee while serving as an officer
or employee of the City, nor within two (2) years after holding such a position. Members of the
Salary Committee shall serve on a voluntary basis.
Sec. 1801. Duties and procedures.
The Salary Committee shall study aii d held "ublie meetings en the issue of the total
compensation for the Mayor, m - ber-s of the Gemffleii Getineil, the Gity G er-k, and the City
and other elected officials. Not later than ninety (90) days before the end of the fiscal
year, the Salary Committee shall make a recommendation to the Common Council concerning the
total compensation, including salary and benefits, for the Mayor,me::her-s efthe Ceffuz�eft Getineill,
the City Cler-k, u=i the City Pr-eseetitef and other elected officials. The Common Council shall adopt
or disappreve MLect the recommendation of the Salary Committee prior to the end of the fiscal year.
The Common Council shall have no power to alter, amend, or otherwise change the
recommendation of the Salary Committee.
Sec. 1802. Effective date of changes in compensation.
If a change in the total compensation for an elected officer is adopted by the Common
Council, such change shall not take effect until after the next election for that elected officer.
ARTICLE XIX. CITIZEN ADVISORY COUNCILS.
Sec. 1900. Enabling clause.
Each member of the Common Council may create a Citizen Advisory Council within his or
her ward. The composition of a Citizen Advisory Council shall be determined by the
Councilmember,but the composition should reflect the diverse interests within the Councilmember's
ward. The specific role and function of a Citizen Advisory Council shall be determined by the
Councilmember, but it should generally serve the underlying purposes of this article which are as
follows: (a)to promote citizen,neighborhood, and community participation in city governance and
policy-making; (b) to help Councilmembers stay informed of the issues and concerns in their
respective wards; (c)to support and augment existing neighborhood empowerment activities within
the City; (d)to help neighborhoods discover and build on their strengths, and find creative solutions
to their problems; and (e) to develop and nurture leadership within the neighborhoods and
communities of the City.
ARTICLE XX. PERSONNEL.
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Sec. 2000. Personnel system.
A. Merit principle. All appointments and promotions of city officers and employees
shall be made solely on the basis of merit and fitness, demonstrated by a valid and reliable
examination or other evidence of competence.
B. Merit system. Consistent with all applicable federal and state laws, the Common
Council shall provide by ordinance for the establishment, regulation, and maintenance of a merit
system governing personnel policies necessary to effectively administer the employees of the City's
departments, agencies, and offices, including, but not limited to, classification and pay plans,
qualifications and examinations,provisional and exempt appointments, employee duties and working
conditions, in-service training, disciplinary actions, force reductions, removals, grievances, and
relationships with employee organizations.
Sec. 2001. Civil Service Board of Appeals.
A. Creation. There is hereby created the Civil Service Board of Appeals to exercise the
powers and duties prescribed in this section, in a manner consistent with this Charter and ordinances
of the City.
B. Membership. The Civil Service Board of Appeals shall be composed of five (5)
members appointed by the Mayor, subject to confirmation by the Common Council. To be eligible
for appointment to the Civil Service Board of Appeals, a person must be at least twenty-five (25)
years of age and a qualified elector of the City. All of these eligibility requirements must be satisfied
at least twenty-nine (29) days prior to the date of appointment and continuously thereafter during
the term of appointment. Persons appointed to the Civil Service Board of Appeals shall serve a term
of six (6)years and thereafter until a successor is appointed and qualifies. One (1) appointment to
the Civil Service Board of Appeals shall be made at the first meeting of the Common Council in
May of each of the following years, and again every six (6) years thereafter: 2003, 2004, 2005,
2006, and 2007.
the affi f....ative vote of 4 least five (5) n. _..b..fs of the G-----i - Getin If the position of any
member on the Civil Service Board of Appeals is vacated prior to the expiration of that member's
term, the Mayor shall appoint a person to fill the remainder of the unexpired term, subject to
confirmation by the Common Council.
C. Powers and duties. The Civil Service Board of Appeals may affirm, overrule, or
modify on appeal any final administrative decision resulting in the discipline,demotion, suspension,
or removal of an employee who is under the classified personnel system, and its decision shall be
final.
Sec.2002. Non-discrimination.
No person shall be appointed to or removed from, or in any way favored or discriminated
against, with respect to any city employment, position, contract, or appointment been se ef-f e
nfffia4i.,, The r:�.. 1 -» ~~ply with all for any reason or condition prohibited by state and-or
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federal non-discrimination laws and regulations.
Sec. 2003. Nepotism.
The Mayor,members of the Common Council,members of boards or commissions, and any
department head, agency head, or other officer having appointive power, shall not recommend the
appointment of, appoint, or vote for or elect to any office, position, or employment with the City,
any member of said officer's immediate family. For purposes of this section, the term "immediate
family"is defined as a spouse, son, daughter,mother, father,brother, sister,grandchild, grandparent,
aunt, uncle, nephew, or niece, and includes half-relatives, step-relatives, and in-laws, as well as any
person who regularly cohabits with or uses the domicile of said officer as his or her residence. Any
appointment made in violation of this section shall be void and of no effect. The foregoing
prohibition against nepotism may be waived by an affirmative vote of at least five (5)members of
the Common Council upon a finding that the proposed appointment is in the best interest of the City.
Sec. 2004. Compensation.
Except as otherwise provided in this Charter, the Mayor or dedgRee shall negotiate,
establish, and adjust the total compensation for all employees and non-elected officers of the City,
except those directly appointed by the Common Council under Article III of this Charter. In making
compensation determinations, the Mayor shall consult with and receive input from the City
Administrator and any affected department head, agency head, and other officer of the City. All
compensation determinations by the Mayor shall be subject to confirmation by the Common
Council.
ARTICLE XXI. FISCAL ADMINISTRATION.
Sec. 2100. Fiscal year.
The fiscal year of the City shall be established by ordinance of the City.
Sec. 2101. Budget.
Each department, agency, and office of the City shall provide in the form and at the time
directed by the Mayor and City Administrator all information required to develop a budget
conforming to modern budget practices and procedures as well as specific information which the
Common Council may require. Under the direction and control of the Mayor,the City Administrator
shall prepare a budget that provides a complete financial plan of all City operations and activities
for the next fiscal year. In preparing the budget,the City Administrator shall review the information
and hold conferences thereon with the department heads, agency heads, and officers of the City. The
Mayor shall present the budget to the Common Council, in such form as the Mayor deems
appropriate after consultation with the Common Council. Following at least one public meeting on
the budget, the Common Council shall adopt by resolution a budget of proposed expenditures and
appropriations necessary therefor for the next fiscal year, failing which the appropriations for current
operations of the last fiscal year shall be deemed effective until the new budget and appropriation
measures are adopted.
Sec. 2102. Budget message.
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The budget submitted by the Mayor to the Common Council shall be accompanied by a
budget message which shall explain the budget. The budget message shall outline the proposed
financial policies of the City for the next fiscal year, describe the important features of the budget,
indicate any major changes from the preceding year in financial policies,expenditures, and revenues,
together with the reasons for the changes, summarize the City's debt position, and include such other
information as the Mayor deems appropriate.
Sec. 2103. Municipal taxes.
The procedure for the assessment, levy, and collection of taxes upon property taxable for
municipal purposes shall be prescribed by ordinance of the City which shall conform to applicable
state law.
Sec. 2104. Independent audit.
After the commencement of each fiscal year, the Mayor, with the consent of the Common
Council, shall employ a qualified certified public accountant, who has no personal interest, direct
or indirect, in the fiscal affairs of the City or any of its employees or officers. The accountant shall
perform an annual audit of the books, financial records, and related documents of the City in
accordance with generally accepted auditing standards for public agencies, and shall have free access
to the books, records, inventories, and reports of all officers and employees who receive, handle, or
disburse public funds, and such other officers, employees, departments, or agencies as the Common
Council may direct. As soon as practicable after the end of the fiscal year, a final audit and
management report shall be submitted by the accountant to the Mayor and Common Council, and
shall be available thereafter for public review and inspection.
ARTICLE XXII. TRANSITION.
Sec. 2200. Adoption date and operative date.
As used in this Charter, the term"Adoption Date"means the date upon which this Charter
is filed in accordance with state law, and the term"Operative Date"means the date of July 1, 2001;
except as otherwise provided in this Charter.
Sec. 2201. Officers, employees, boards, and commissions.
Except as provided in this section, all officers, employees, and persons serving on any board
or commission of the City on the Adoption Date shall continue to perform the duties of their
respective offices, employments, and appointments without interruption and under the same terms
and conditions until provisions have been made otherwise in accordance with this Charter or until
the election, employment, or appointment of their successor.
eha#er-, shall > > as the appeinted City Attefney and the appeifi4ed City Tr-easiffe
as established ufider-this Ghaftef, until a per-sen is appeinted te sueh effiee in aeeer-daflee with thiF,
Ghai4er-, " , Ef-the-Opercrti'Fe scr , r'Rnr h e, is va..zvi-
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A#afney shall seFve, without additional eefflpeiisafieii, as the City Pfeseetitef HH44 a pefsen is
City Pfeseetiter- pufsuan4 te this seefien shall sene as City Pfeseetitef until a pefsen is eleete
qualifies, and assumes the Offiee ef the City Pr-eseetttef in aeeefdaiiee with this Ghal4er-.
Q.A. Park and Recreation Commission. The Park and Recreation Commission
established by the previous Charter, as it existed immediately prior to the Adoption Date, shall
continue in effect as a commission established by ordinance pursuant to Section 2206 of this Charter,
and all persons appointed as a member of the Park and Recreation Commission shall continue as a
member and continue to perform the duties of the Park and Recreation Commission in accordance
with such ordinance.
D B. Mayor Pro-Tempore. Within ninety(90) days after the Adoption Date,the Mayor
shall appoint a person to serve as Mayor Pro-Tempore in accordance with Section 404 of this
Charter.
&C. Board of Water Commissioners. The Board of Water Commissioners established
by Section 160 of the previous Charter, as it existed immediately prior to the Adoption Date, shall
continue to exist but shall perform the functions of the Board of Water Commissioners pursuant to
Article XIII of this Charter, and all members thereof shall continue to serve until the expiration of
their respective terms, unless the member resigns or is otherwise removed in accordance with this
Charter.
F-.D. Board of Trustees of the Free Public Library. The Board of Trustees of the Free
Public Library established by Section 205 of the previous Charter, as it existed immediately prior
to the Adoption Date, shall continue to exist but shall perform the functions of the Board of Library
Trustees pursuant to Article XIV of this Charter, and all members thereof shall continue to serve
until the expiration of their respective terms, unless the member resigns. of is ethe w ise_,.f.,,.. a '
eeefdanee t this C . To transition to the new terms for members of the Board of Library
Trustees under Section 1401 of this Charter, the following transitional appointments shall be made
as the terms of the members in office on the Adoption Date expire: one(1) appointment for two (2)
years, one (1) appointment for three (3) years, and one (1) appointment for six (6) years shall be
made at the first meeting of the Common Council in May, 2001; and one (1) appointment for two
(2)years and one appointment for three(3)years shall be made at the first meeting of the Common
Council in May, 2003. Upon the expiration of the term of each transitional appointment made
pursuant to this section, all subsequent appointments shall be made in accordance with Section 1401
of this Charter.
G-.E. Civil Service Board. The Civil Service Board established by Section 246 of the
previous Charter, as it existed immediately prior to the Adoption Date, shall continue to exist but,
after the Operative Date or the earlier adoption of the ordinance required by Article XX of this
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Charter, it shall perform the functions of the Civil Service Board of Appeals pursuant to Section
2001 of this Charter, and all members thereof shall continue to serve until the expiration of their
respective terms, unless the member resigns. or--is-ether-wise r-emeved in aeeerdanee with t s
Ghai4er-. To transition to the new terms for members of the Civil Service Board of Appeals under
Section 2001 of this Charter, the following transitional appointments shall be made as the terms of
the members in office on the Adoption Date expire: one(1) appointment for two (2) years and one
(1)appointment for six(6)years shall be made at the first meeting of the Common Council in May,
2001; one(1) appointment for one(1) year and one appointment for two (2) years shall be made at
the first meeting of the Common Council in May, 2003; and one (1) appointment for one (1) year
shall be made at the first meeting of the Common Council in May,2005. Upon the expiration of the
term of each transitional appointment made pursuant to this section, all subsequent appointments
shall be made in accordance with Section 2001 of this Charter.
Sec. 2202. Initial salaries of elected officers.
A. Mayor. Effective on the Adoption Date, the Mayor's salary shall be increased to
eighty thousand dollars($80,000.00)per year. After the Adoption Date, all adjustments to the total
compensation paid to Mayor, including salary, shall be in accordance with the provisions of this
Charter.
B. Members of the Common Council. Effective on the Adoption Date, the salary for
members of the Common Council shall be increased to twelve thousand dollars ($12,000.00) per
year. After the Adoption Date, all adjustments to the total compensation paid to members of the
Common Council, including salary, shall be in accordance with the provisions of this Charter.
C. Salary of City Gler-k. other elected officials. Within ninety (90) days after the
Adoption Date,the Common Council shall establish by resolution the initial total compensation for
the City G'°~' other elected officials. After the Common Council establishes the initial total
compensation of '
the City Glef-k by resolution, all adjustments to the total compensation paid,t&4he
Citj, Gleam, including salary, shall be in accordance with the provisions of this Charter.
Sec. 2203. Municipal laws and regulations.
On or after the Operative Date, all ordinances, resolutions, orders, rules, and other
regulations not inconsistent with, conflicting with,or interfering with the effective operation of this
Charter, shall remain and continue in force until duly amended, repealed, or replaced. Any
ordinance, resolution, order, rule, or other regulation in effect on the Operative Date, exce t for
ordinances, resolutions, orders and rules pertaining to the Treasurer Attorney and Prosecutor,)
regardless of the method,manner, or time of adoption, is hereby repealed to the extent inconsistent
with, conflicting with,or interfering with the effective operation of this Charter. After the Adoption
Date and prior to the Operative Date, the following shall occur:
A. Conformance of orders, rules, and regulations. Prior to the Operative Date,
except for ordinances, resolutions, orders and rules pertaining to the Treasurer, attorney and
Attorney ullu
Prosecutor,) each officer, department, agency,board, or commission responsible for promulgating
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orders,rules,or other regulations of the City, shall review all such orders,rules, or other regulations
for which it is responsible, and shall amend,repeal,or replace such orders,rules, or other regulations
to the extent necessary to be consistent with this Charter.
B. Conformance of ordinances and resolutions. The City Attorney and City Clerk
shall review all ordinances and resolutions, and shall report to the Mayor and propose to the
Common Council the amendment or repeal of any existing ordinance,resolution, or order necessary
to be consistent with this Charter,or the adoption of new ordinances,resolutions,or orders necessary
to implement the provisions of this Charter. Ordinances, resolutions orders and rules pertaining to
the offices of the City Treasurer, City Attorney and City Prosecutor shall be acted upon effective the
first meeting in March. 2004.
Sec. 2204. Previous personnel system.
Until the Operative Date,the provisions of sections 246 through 261 of the previous Charter
as they existed immediately prior to the Adoption Date, and any ordinances, rules, or regulations
adopted pursuant thereto, shall continue in full force and effect except as the same may hereafter be
changed by amendment thereof in the manner provided by law. After the Operative Date or the
earlier adoption of the ordinance required in Article XX of this Charter, said sections, and any
ordinances,rules, or regulations adopted pursuant thereto, shall immediately cease to have any force
or effect. The adoption of this Charter shall not affect any pending or subsequent employee
grievance proceeding or action that has been eeffimeneed pfief to the Adepfieii
Sec. 2205. Sunset of previous Section 186.
The provisions of Section 186 contained in the previous Charter as it existed immediately
prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto, shall
continue in full force and effect for a period of two (2)years after the Adoption Date, at which time
it shall immediately cease to have any force or effect.
Sec. 2206. Previous charter sections treated as ordinances.
The following sections of the previous charter as they existed immediately prior to the
Adoption Date, shall be treated as if enacted by ordinance, and may be amended, repealed, or
replaced by ordinance after the Adoption Date. To the extent of conflict or inconsistency between
the previous charter sections treated as if enacted by ordinance under this section and this Charter,
this Charter shall prevail.
Section 70 Section 143 Section 168 Section 184
Section 131 Section 149 Section 169 Section 185
Section 132 Section 161 Section 170 Section 210
Section 134 Section 162 S° z 180 Section 212
Section 135 Section 165 Seetien 181 Section 213
Section 139 Section 166 Seetien-182 Section 214
Section 140 Section 167 See ien 183 Section 215
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Section 216 Section 219 Section 234 Section 240
Section 217 Section 229 Section 238
Sec. 2207. Effectiveness and repeal of former charter.
Upon the Adoption Date,the provisions of this Charter shall be in full force and effect under
the law.
adep Present Charter sections 164 190 191, 192 are not repealed nor otherwise amended by
this Charter.
Sec. 2208. Elimination of transition provisions.
In the event the sections of this article become obsolete in the judgment of the City Attorney,
by virtue of the completion of all actions required under the section, the section shall be deemed
expired and the City Clerk shall secure removal of that section from the next printing of the Charter.
ARTICLE XXIII. MISCELLANEOUS.
Sec. 2300. Oath of office.
Every officer of the City, appointed or elected,before entering upon the duties of the office,
shall take the oath of office as provided for in the constitution of this state, and shall file the same
with the City Clerk.
Sec. 2301. Official bonds.
The Common Council shall determine by ordinance which officers and employees shall be
subject to group or individual bonds to insure the faithful performance of official duties, and shall
fix the amount of such bonds, and shall provide for the payment of the premium of such bonds by
the City.
Sec. 2302. Conflicts of interest and ethics.
The Common Council may establish by ordinance regulations governing conflicts of interest
and ethics applicable to officers, employees, members of boards and commissions, and candidates
for elected office of the City. The Common Council shall not be required to negotiate or meet and
confer with officers, employees, or employee organizations regarding the adoption or revision of
such regulations.
Sec. 2303. Prohibition against holding other office or city positions.
Except where authorized by law, no elected officer of the City shall hold any other elected
public office during the term for which the person was elected to office. No elected officer shall
hold any other municipal office or hold any office or employment, the compensation of which is paid
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with funds of the City, while serving as an elected officer of the City. Except for the incumbent in
an elected office on the Adoption Date that is abolished or otherwise removed from this Charter,no
former elected officer of the City shall hold any compensated office or employment with the City,
except an elected office, until at least one (1) year after the expiration of the term for which the
person was elected. Nothing in this section shall be construed to prohibit the appointment of any
current or former elected officer of the City to represent the City on the governing board of any
regional, state, federal, or other intergovernmental agency or commission.
Sec. 2304. Delivery of books, papers, and property to successors.
All papers, books, documents, records, archives and other properties prepared for or
purchased by the City shall be and remain the property of the City. All officers, department heads,
agency heads,members of boards and commissions, and employees of the City,upon leaving office
or termination of employment or appointment, shall deliver to their successors all such papers,
documents, records, books, archives and other properties pertaining and belonging to the City in
their possession or under their control.
Sec. 2305. Effect of invalidity in part.
If any section, subsection, sentence, clause, or phrase of this Charter, or any amendment
thereto, is for any reason held to be unconstitutional or otherwise invalid, that decision shall not
affect the validity of the remaining portions of this Charter. The people of the City of San
Bernardino hereby declare that they would have ratified and adopted this Charter and each section,
subsection, sentence, clause, or phrase thereof, and any amendment thereto, irrespective of the fact
that any one or more other sections, subsections, sentences, clauses, phrases or amendments be
declared unconstitutional or otherwise invalid.
Sec. 2306. Violation of charter.
aetie i e of fie `'' t The Mayor and Common Council may prescribe by ordinance which
v jai vviaJ uaia.c[p3TC12VT1�iTCIr
provisions, if any, of the Charter, if violated would constitute a punishable offense and may further
prescribe the nature of the offense and the penalty- for such violation
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