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HomeMy WebLinkAbout01- Draft City Charter The following is an extract of the minutes of the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino held on the 24th day of July 2000: "The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:12 a.m., Monday, July 24, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, McGinnis. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx RECESS MEETING - CLOSED SESSION (1) At 8:12 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CLOSED SESSION At 8:13 a.m, Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ADJOURNMENT At 6:20 p.m., the meeting was adjourned to 5:00 p.m., Wednesday, July 26, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California." RACHEL CLARK City Clerk By 4J, A Linda Hartzel Deputy City Clerk AFFIDAVIT OF POSTING & NOTICE OF ADJOURNMENT OF MEETING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO ) I, Rachel Clark, being duly sworn, depose and say: That I am the duly chosen and qualified City Clerk of the Mayor and Common Council of the City of San Bernardino. That the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino held on Monday, July 24, 2000, at 8:12 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, was adjourned to 5:00 p.m., Wednesday, July 26, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At 8:00 a.m., on Tuesday, July 25, 2000, Linda Hartzel, Deputy City Clerk, posted a copy of the order conspicuously on or near the door of the place where the joint regular meeting of July 24, 2000, was held. By Linda Hartzel Deputy City Clerk ADJOURNED FROM: 7/24/2000 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO ) I, RACHEL CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY CERTIFY, that the preceding extract from the minutes of the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino held on the 24th day of July 2000, is a full, true and correct copy of that now on file in this office. RACHEL G. CLARK City Clerk By 4-& IJ� Linda Hartzel Deputy City Clerk The following is an extract of the minutes of the joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino held on the 26`h day of July 2000: "The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 5:13 p.m., Wednesday, July 26, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ADJOURNMENT At 7:49 p.m., the meeting was adjourned to 5 p.m., Wednesday, August 2, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California." RACHEL CLARK City Clerk 7 I By 4LZrl Lhida Sutherland Deputy City Clerk AFFIDAVIT OF POSTING & NOTICE OF ADJOURNMENT OF MEETING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO ) I, Rachel Clark, being duly sworn, depose and say: That I am the duly chosen and qualified City Clerk of the Mayor and Common Council of the City of San Bernardino. That the joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino held on Wednesday, July 26, 2000, at 5 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, was adjourned to 5 p.m., Wednesday, August 2, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At 1:45 p.m., on Thursday, July 27, 2000, Linda Sutherland, Deputy City Clerk, posted a copy of the order conspicuously on or near the door of the place where the joint regular meeting of July 26, 2000, was held. By l Linda Sutherland Deputy City Clerk ADJOURNED FROM: 7/26/2000 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO ) I, RACHEL CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY CERTIFY, that the preceding extract from the minutes of the joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino held on the 26`h day of July, 2000, is a full, true and correct copy of that now on file in this office. RACHEL G. CLARK City Clerk By inda Sutherland Deputy City Clerk 4 c FINAL: 07/10/00 L. c SAN BERNARDINO CITY CHARTER o PREAMBLE. c--We, the citizens of San Bernardino, do hereby establish this charter to promote economic, 4nvirdnmental, 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 StiCCESSION. 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 11. 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, or civil divisions or agencies thereof, or the United States or any of its agencies. PAGE 1 OF 28 7�2a/a 0 FINAL: 07/10/00 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; 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 kfarch 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 PAGE 2 OF 28 FINAL: 07/10/00 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 Mayor, upon the affirmative vote of at least five (5) members of the Common Council no later than the next regularly scheduled meeting of the Common Council after the Mayor's disapproval. Any order of the Common Council disapproved by the Mayor, shall take effect as if approved by the Mayor, upon the affirmative vote of at least five (5) members of the Common Council at the same meeting of the Common Council at which the order is disapproved. 1 D. Approval and override in community development commission. When pursuant to state law, the Mayor and Common Council have designated themselves as the community development commission of the City, the Mayor shall have the power of approval of all orders and resolutions of the Commission, in the same manner as the Mayor has in the City, subject to the power of the Commission to override any disapproval, in the same manner as the Council has in the City. PAGE 3 OF 28 . t FINAL: 07/10/00 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 City, matters related to constituents, and pending legislative matters, members of the Common Council may communicate with the City Administrator, department heads, agency heads, or other officers of the City. Members of the Common Council shall have no power to give any orders, publicly or privately, to the City Administrator or any subordinate of the Mayor, or to any department or agency head, or subordinate of the department or agency head; nor shall members of the Common Council attempt to coerce or improperly influence the letting of any contract, purchase of supplies, or any other administrative action. Members of the Common Council shall have no power to order any subordinate of the Mayor, department head, agency head, or other officer, either directly or indirectly, to appoint, employ, discipline, demote, suspend, or dismiss any employee of the City. Sec. 308. Meetings. Except as expressly provided in this Charter, the notice, conduct, and procedures for all 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. 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 PAGE 4 OF 28 FINAL: 07/10/00 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 tinted 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 term 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 Mayor'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 Mayor, who shall be the Chief Executive Officer of the City. The Mayor shall be accountable to the People for the proper and efficient administration of all affairs of the City, for providing leadership and taking issues to the People, and for marshaling public interest in and support for municipal activity. The Mayor shall execute 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. PAGE 5 OF 28 FINAL: 07/10/00 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 om office any department head, agency head, or other non- elected officer of the City. W —/5 ivy , r ._f ,.->__�, 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 City. 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 Citv. 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 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 PAGE 6 OF 28 FINAL: 07/10/00 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 1 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 PAGE 7 OF 28 FINAL: 07/10/00 of the 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 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, I 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 attomey-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. PAGE 8 OF 28 1 1 FINAL: 07/10/00 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 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 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. PAGE 9 OF 28 FINAL: 07/10/00 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 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 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 City Prosecutor shall immediately notify the City Attorney. The City Attorney may become associated with the Citv Prosecutor in any such action or proceedins 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. 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. PAGE 10 OF 28 FINAL: 07/10/00 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, 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 `'ear lieer 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 (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. 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. PAGE 11 OF 28 FINAL: 07/10/00 ARTICLE Y. 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 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 I meeting of the Common Council in the month following the month in which the special municipal election is held. 1 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 1 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 i Third Ward, Councilmember Fifth Ward, Councilmember Sixth Ward, and Councilmember Seventh Ward. PAGE 12 OF 28 FINAL: 07/10/00 Sec. 1004. Procedures for holding elections. To the extent not provided for and to the extent not in conflict with this Charter, all elections shall be held in accordance with the provisions of the Elections Code and the Government Code of the State of California for the holding of municipal elections. ARTICLE XI. INITIATIVE, REFERENDUNI, 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 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 PAGE 13 OF 28 FINAL: 07/10/00 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 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 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 PAGE 14 OF 28 FINAL: 07/10/00 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, 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. 1 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. PAGE 15 OF 28 FINAL: 07/10/00 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. A11 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 funds. The Common Council may, in its discretion, transfer on a monthly basis from the Water 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 City. 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 PAGE 16 OF 28 FINAL: 07/10/00 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,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 \favor, submit a recommended budge*_ to the Mavor detailing a complete financial plan of all operations and activities of the public libran- 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. PAGE 17 OF 28 FINAL: 07/10/00 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 Citv. :ARTICLE XV. BOARD OF EDUCATION'. Sec. 1500. Creation. There is hereby created the San Bernardino City 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. 1501. State law governs. The Board of Education shall have all the powers and duties now or hereafter prescribed by the Education Code of the State of California, 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. PAGE 18 OF 28 FINAL: 07/10/00 Sec. 1502. Effect of charter. Adoption of this Charter shall not have the effect of creating any 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 XV I. PLANNING COMMISSION. Sec. 1600. Creation. There is hereby created the Planning Commission for the City. The manner in which, the times at which, and the terms for which the members of the Planning Commission shall be appointed, their qualifications, and the number which shall constitute the Planning Commission shall be established by ordinance of the City. Sec. 1601. Powers and duties. The Planning Commission shall exercise the powers and duties delegated to a planning commission by state law and by ordinance of the City, where not inconsistent with this Charter. ARTICLE XVII. CHARTER REVIEW COM-NIITTEE. 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 )GI 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 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 a non-partisan voter organization, one person experienced in public administration, one representative of a labor organization, one representative of an educational institution, and two PAGE 19 OF 28 FnvaL: 07/10/00 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 Citv. ARTICLE tiY. PERSONNEL. Sec. 2000. Personnel system. A. Merit principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness, demonstrated by a valid and reliable examination or other evidence of competence. B. Merit system. Consistent with all applicable federal and state laws, 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, PAGE 20 OF 28 FINAL: 07/10/00 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. Any person appointed to the Civil Service Board of Appeals may be removed by the affirmative vote of at least five (S) 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 discrir:unated 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 PAGE 21 OF 23 FINAL: 07/10/00 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 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 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 conforming to modern budget practices and procedures as well as specific information which the Common Council may require. Under the direction and control of the Mayor, the City Administrator shall prepare a budget that provides a complete financial plan of all City operations and activities for the next fiscal year. In preparing the budget, the City Administrator shall review the information and hold conferences thereon with the department heads, agency heads, and officers of the City. The Mayor shall present the budget to the Common Council, in such form as the Mayor deems appropriate after consultation with the Common Council. Following at least one public meeting on the budget, the Common Council shall adopt by resolution a budget of proposed expenditures and appropriations necessary therefor for the next fiscal year, failing which the appropriations for current operations of the last fiscal year shall be deemed effective until the new budget and appropriation measures are adopted. Sec. 2102. Budget message. The budget submitted by the Mayor to the Common Council shall be accompanied by a budget message which shall explain the budget. The budget message shall outline the proposed financial policies of the City for the next fiscal year, describe the important features of the budget, indicate any major changes from the preceding year in financial policies, expenditures, and revenues, together with the reasons for the changes, summarize the City's debt position, and include such other information as the Mayor deems appropriate. Sec. 2103. Municipal taxes. The procedure for the assessment, levy, and collection of taxes upon property taxable for municipal purposes shall be prescribed by ordinance of the City PAGE 22 OF 28 FINAL: 07/10/00 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. 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. 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 PAGE 23 OF 28 FINAL: 07/10/00 member and continue to perform the duties of the Park and Recreation Commission in accordance with such ordinance. D. Mavor 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 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. Civil Service Board. The Civil Service Board established by Section 246 of the previous charter, as it existed immediately prior to the Adoption Date, shall continue to exist but, after the Operative Date or the earlier adoption of the ordinance required by Article XX of this Charter, it shall perform the functions of the Civil Service Board of Appeals pursuant to Section 2001 of this Charter, and all members thereof shall continue to serve until the expiration of their respective terms, unless the member resigns or is otherwise removed in accordance with this Charter. To transition to the new terms for members of the Civil Service Board of Appeals under Section 2001 of this Charter, the following transitional appointments shall be made as the terms of the members in office on the Adoption Date expire: one (1) appointment for two (2) years and one (1) appointment for six (6) years shall be made at the first meeting of the Common Council in May 2001; one (1) appointment for one(1) year and one appointment for two (2)years shall be made at the first meeting of the Common Council in May 2003; and one(1) appointment for one(1) year shall be made at the first meeting of the Common Council in May 2005. upon the expiration of the term of each transitional appointment made pursuant to this section, all subsequent appointments shall be made in accordance with Section 2001 of this Charter. PAGE 24 OF 28 FINAL . 07/10!00 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 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 revelations 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 PAGE 25 OF 28 FINAL: 07/10/00 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 as they existed immediately prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto, shall continue in full force and effect except as the same may hereafter be changed by amendment thereof in the manner provided by law. After the Operative Date or the earlier adoption of the ordinance required in Article XX of this Charter, said sections, and any ordinances, rules, or regulations adopted pursuant thereto, shall immediately cease to have any force or effect. The adoption of this Charter shall not affect any employee grievance proceeding or action that has been commenced prior to the Adoption Date, Sec. 2205. 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 (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 161 Section 181 Section 21: 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 PAGE 26 OF 28 FINAL: 07/10/00 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 XXM. 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' 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. PAGE 27 OF 28 FINAL: 07/10/00 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 OF 28 FINAL: 07/20/00 SAN BERNARDINO CITY CHARTER PREAMBLE. We, the citizens of San Bernardino, do hereby establish this Charter to promote economic, environmental, and cultural prosperity throughout our community; to enable our city government to meet the needs of the people effectively and efficiently; to provide for accountability and ethics in public service; and to ensure equality of opportunity for every resident. ARTICLE I. INCORPORATION AND SUCCESSION. Sec. 100. Name and Boundaries. The municipal corporation now existing and known as the City of San Bernardino shall remain and continue as a municipal corporation under its same name. The boundaries of the City shall be the boundaries as established at the time this Charter is adopted, or as the boundaries may be changed thereafter in the manner authorized by law. I 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. PAGE 1 OF 29 7/. 0/0 0 t FINAL: 07/20/00 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; eeffiffitinities of iiiter-est; tD ; 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 eentintieus 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 the month following said Mafeh of the ye -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 le islative 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 make fiffmal kwestigatiens inte the affairs of the PAGE 2 OF 29 FINAL: 07/20/00 City,or the conduct of any city department,office, agency,board, or commission by eefflpelling the 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. < °r °*'�°�*'��„ stit- do al nds shall , st:ttAe sde aiid shall be punished in the safne .elations of this GhaAef are punished IA�VII t11.I IliI �II4II Z,v" , Sec.305. Ordinances, resolutions, and torders. Ne efdinanee of fes6 on or- of to -f6f the-pilyffien E)f ffl sh.,it be valid 1 4 r° °a the aff:,-..,ati °t° „f•at least fa,,..(4) h „f•th r G l The legislative ..vva.vu u.v u.iaa laa4�IV� vvw vI uI Ia�u.�I IV UI tTJ-Iin�iv , 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 la nrother- = eh ti°iia ° °ra°ra e fth° G,,,,.ffieii G,,,,,,,,:1 Jhall h°valid ., the aff:.-.f,atiye vote ef'.,t 1 ♦ ..;ty of'a „f'the /'',�.v,.f,8l /'',,,,.i,.:1 II41I VL AJ VIII , 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. ppfe.'al of the May shall net be °a fo _...e:bene j'vluuluuee.i Vi quasi judieial deeisiens ef the Geffiffien Gaidfie4. 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. Affly or-def of the Common Getineil disappfeved by the Mayer-, shall take eff-eet as if appr-eved by the Mayef, upen the af&mative vete of at least five (5) ffletnbefs of the Common Getineil at the 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 PAGE 3 OF 29 FINAL: 07/20/00 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, er-the-date the-Mayef's-disappre`v'-aT-&y&T--idden by the Gem en EeLnei-l. For orders of the Common Council, er-in these eases where the Mayer-I s appr-eyal is not wed,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. ner shall nieffi er-s e of su"""" ether- adRii ist ti +' 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. PAGE 4 OF 29 1 FINAL: 07/20/00 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 eentiiiuetts 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 tern of four (4)years. The term shall begin on the first meeting of the Common Council in March following the Mayor,s election, or if the Mayor is elected at a run-off election, then on the first meeting in the month following said 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 er-dinaftees of the City. In fulfilling the obligations of the office, the Mayor shall PAGE 5 OF 29 e FINAL: 07/20/00 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 supervision 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 coraorations 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 PAGE 6 OF 29 Y� c FINAL: 07/20/00 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), in 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, and may feffl&ve, 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 shall m appoint a City Administrator, subject to confirmation by the Common Council., 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 °~d°~° 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. PAGE 7 OF 29 FINAL: 07/20/00 Sec.407. Police Department—Membership The Police Department shall consist of a Chief of Police, and such officers and other police officers flieft 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 een inuee6-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 in..,hie thee run-off election. The term shall continue until a successor is elected and qualifies. PAGE 8 OF 29 FINAL: 07/20/00 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 City Clerk. All Deputy City Clerks and other employees shall serve at the pleasure of the City Clerk. Sec. 504. Powers and duties. The powers and duties of the City Clerk shall be as follows: A. Serve as the custodian of the City seal and the ordinances, resolutions, contracts, records, and other documents of the City entrusted to the City Clerk's care. B. Keep all ordinances, resolutions, contracts, records, and other documents properly indexed and, when not in actual use, open during regular office hours to public inspection. 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 Gity-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 PAGE 9 OF 29 a FINAL: 07/20/00 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€ul4y 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. 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; and shall also act and appear as attorney for any City officer or employee who is a party to any 1e Iaction 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 e3uetts 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. PAGE 10 OF 29 FINAL: 07/20/00 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 Mefeh of the year-iii"hi the run-off election. i-s helms 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 dg=ly €644y-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 Lhe City Prosecutor at the `im° of appekitm 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 Navin 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. PAGE 11 OF 29 FINAL: 07/20/00 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 inN�estigafien investi ative 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 eendoet any 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(180) days after the declaration. PAGE 12 OF 29 FINAL: 07/20/00 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. ef tha4 faet, eall anether- speeial fflunieipal eleetien te be held within nin4y (90) days ther-eefi, 4 election,—shall take effiee the first� llV Ltl1'I_ efthe Ce „ Gettfieil in the _.L fell-- ing the PAGE 13 OF 29 FINAL: 07/20/00 menth inwhieh the speeial'M al e eet eft i&4 - a. The candidate receiving the most votes in a 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, Offiee ef the City Gled.E.-, 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 City.Clerk and Office of the City 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 PAGE 14 OF 29 FINAL: 07/20/00 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: I 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 Gewity Clr'E , fthe Gets ty of San Befn fdi 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 b the Gets ty Clerk o f the Gettt y o f San� a y Vw..L, .,...__, � L.L., .,VLL11L, ,,. �,.,..1J V1=1L1=u=no„ounty elections official of the County of San I Bernardino. ARTICLE XII. BOARDS AND COMMISSIONS. Sec. 1200. Creation. The Mayor and Common Council may establish by ordinance such operational, advisory, appellate,or rule-making boards and commissions as in it&-their udgment 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 Femoval of members. The Mayor and Common Council shall provide by ordinance the procedure for appointing members of boards or commissions established under this article. My meffiber- of a bE)ff of . . i established tifider-this a4iele may be r-emoved by the affifmative vete ef 6A least five(5) ilaV VlV of the ARTICLE XIII. BOARD OF WATER COMMISSIONERS. PAGE 15 OF 29 FINAL: 07/20/00 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 PAGE 16 OF 29 FINAL: 07/20/00 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. . Section Reserved. 0 > > te afty fund established for-the fep )iids isseed by of en behalf ef the Beafd ef Wa4ef stieh outstanding bends-. 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. PAGE 17 OF 29 r FINAL: 07/20/00 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. to the Beafd of hibfwy T+Ltstees may be feffieved by the affiffflative vete of at least five(5)membefs 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, 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. PAGE 18 OF 29 FINAL: 07/20/00 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 1 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. Gr-efitioit-. Section Reserved. There is hefeby er-eated the San Bemafdine City Unified Seheel Distr-iet,whieh shall iftelude all E)f the publie seheels of said Dist.i 'tablished ef as fflay hefeaftef be established. There whieh shall eensist ef seven (7) fflembefs whe shall be fesideiits ef said Distriet of-, i1i the event Sec. 1501. State law governs. Section Reserved. PAGE 19 OF 29 FINAL: 07/20/00 �t to the p , fthe Education Cede ofti e State f Cali Yuia uun , Sec. 1502. Eff et of ehake--. Section Reserved. Adeptien ef this ChaAer-shall not have th Af eveatin heel distr-iet and the Saii Befnafdine City Unified Seheel Distr-iet shall eentin__ if. -.6-E-flee, ttiider- this C-hat4er-� 1 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,,,.,pAie..in.M:i e , the times at,..,,ie , and the t° ffis €ef which the members of the Planning Commission shall be appointed, and their qualifications afid shall be established by ordinance of the tMayor 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 dies 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. PAGE 20 OF 29 FINAL: 07/20/00 ARTICLE XVIII. SALARY COMMITTEE. Sec. 1800. Creation. In January, 2002, and in January of every two (2) years thereafter, the Mayor shall appoint a Salary Committee consisting of seven (7) members, subject to confirmation by the Common Council. , ether-appeiRtees. 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 Effid hold publie ffleefings on the issue of the total compensation for the Mayor, , and the Gity per 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,fflefHbefs , fthe rte,,.....ffie., r,.,,,,,.;', the City Glefk, end the Gity Pfeseetitef and other elected officials. The Common Council shall adopt or disappr-eve reiect 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. PAGE 21 OF 29 FINAL: 07/20/00 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..flab., ete e f at least five (5) ffibe f the Gemmen n ' 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 of fa e affiliation. The al eefflplywith all for any reason or condition prohibited by state and r PAGE 22 OF 29 FINAL: 07/20/00 federal non-discrimination laws and regulations. Sec. 2003. Nepotism. The Mayor,members of the Common Council,members of boards or commissions, and any department head, agency head, or other officer having appointive power, shall not recommend the appointment of, appoint, or vote for or elect to any office, position, or employment with the City, any member of said officer's immediate family. For purposes of this section, the term"immediate family"is defined as a spouse, son, daughter,mother, father,brother, sister,grandchild,grandparent, aunt,uncle,nephew, or niece, and includes half-relatives, step-relatives, and in-laws, as well as any person who regularly cohabits with or uses the domicile of said officer as his or her residence. Any appointment made in violation of this section shall be void and of no effect. The foregoing prohibition against nepotism may be waived by an affirmative vote of at least five (5) members of the Common Council upon a finding that the proposed appointment is in the best interest of the City. Sec. 2004. Compensation. Except as otherwise provided in this Charter, the Mayor or designee shall negotiate, establish, and adjust the total compensation for all employees and non-elected officers of the City, except those directly appointed by the Common Council under Article III of this Charter. In making compensation determinations, the Mayor shall consult with and receive input from the City Administrator and any affected department head, agency head, and other officer of the City. All compensation determinations by the Mayor shall be subject to confirmation by the Common Council. ARTICLE XXI. FISCAL ADMINISTRATION. Sec. 2100. Fiscal year. The fiscal year of the City shall be established by ordinance of the City. 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. PAGE 23 OF 29 FINAL: 07/20/00 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. See. 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. See. 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. See. 2200. Adoption date and operative date. As used in this Charter, the term"Adoption Date"means the date upon which this Charter is filed in accordance with state law, and the term"Operative Date"means the date of July 1, 2001; except as otherwise provided in this Charter. Sec. 2201. Officers, employees, boards, and commissions. Except as provided in this section, all officers, employees, and persons serving on any board or commission of the City on the Adoption Date shall continue to perform the duties of their respective offices, employments, and appointments without interruption and under the same terms and conditions until provisions have been made otherwise in accordance with this Charter or until the election, employment, or appointment of their successor. A. City Atter-ney and City T-r-easHFer-. Upon the Adeptien Date, the per-sens se i in the eleeted efflees of the Gity Attefney and the City Tr-easur-er- as established by the pr-evietts as established under-this Ghai4er-, until a per-sen is appeiftted te stieh effiee in aeeer-danee with this F e c the effiee is vaeated, er-the Operative ms h h li . PAGE 24 OF 29 77 7 FINAL: 07/20/00 B. later-im City Preseeutor-. Upen the Adeptien Date, the per-so.. --G-4y City Pr-eseetiter- pur-stiant te this seetien shall sef-�,e as City Pfeseetiter- unfil a per-sen is eleeted; qualifies, afid assuffies the Offiee ef the City Pfeseetitef iii aeeer-deflee with this Cha EA. 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. &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. E-.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. e~is ether--'ise F-effieved it eer-d nee with this r'haAe~ 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. GE. 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 PAGE 25 OF 29 FINAL: 07/20/00 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. er-is other-wise ioffiePed iii ae ee with this garter: 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 Clerk. 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 Gler-k other elected officials. After the Common Council establishes the initial total compensation ef the City by resolution, all adjustments to the total compensation paid,to the City GI E, 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 Prosecutor,) each officer, department, agency,board, or commission responsible for promulgating PAGE 26 OF 29 FINAL: 07/20/00 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 pertaininc 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 tha4 has been eeRifiieneed prior-to the Adeptien 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 Secfien 180 Section 212 Section 135 Section 165 Senn 181 Section 213 Section 139 Section 166 Seefien 182 Section 214 Section 140 Section 167 Seefien 183 Section 215 PAGE 27 OF 29 FINAL: 07/20/00 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. , as they existed iwmedimely prior-to the adep adept 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 PAGE 28 OF 29 FINAL: 07/20/00 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. .The Mayor and Common Council may prescribe by ordinance which provisions, if any, of the Charter, if violated would constitute a punishable offense and may further prescribe the nature of the offense and the penalty for such violation. PAGE 29 OF 29 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 adoption and implementation of SB402 or similar binding arbitration actions from the State. Sec. 2206. Previous charter sections treated as ordinances. The following sections of the previous charter as they existed immediately prior to the Adoption Date, shall be treated as if enacted by ordinance, and may be amended, repealed, or replaced by ordinance after the Adoption Date. To the extent of conflict or inconsistency between the previous charter sections treated as if enacted by ordinance under this section and this Charter, this Charter shall prevail. 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 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. 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. Officers and employees subject to group or individual bonds to insure the faithful PAGE 26 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 SAN BERNARDINO CITY CHARTER PREAMBLE. We, the citizens of San Bernardino, do hereby establish this Charter to promote economic, environmental, and cultural prosperity throughout our community; to enable our city government to meet the needs of the people effectively and efficiently; to provide for accountability and ethics in public service; and to ensure equality of opportunity for every resident. ARTICLE I. INCORPORATION AND SUCCESSION. Sec. 100. Name and Boundaries. The municipal corporation now existing and known as the City of San Bernardino shall remain and continue as a municipal corporation under its same name. The boundaries of the City shall be the boundaries as established at the time this Charter is adopted, or as the boundaries may be changed thereafter in the manner authorized by law. Sec. 101. Succession to rights, property, and liabilities. The City shall remain vested with all rights and privileges of every kind and nature vested in the City at the time this Charter is adopted. The City shall continue to own, possess, and control all property of every kind and nature owned, possessed, or controlled by the City at the time this Charter is adopted. The adoption of this Charter shall not abrogate, limit, or otherwise affect any existing debt, obligation, contract, lawsuit, or other liability on behalf of or against the City. ARTICLE II. POWERS OF CITY. Sec. 200. Generally. The City shall have all powers and rights possible for a charter city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter, subject only to the limitations contained in this Charter. The City shall have the power to make and enforce all laws and regulations regarding municipal affairs, subject only to such restrictions and limitations that may be provided in this Charter or the Constitution of the State of California. The City shall have the power and may act pursuant to any procedure established by state law, unless a different procedure is established by this Charter or by ordinance of the City. The powers and rights of the City shall be construed liberally and in favor of the City, and the enumeration of any particular power or right in this Charter shall not be construed to be exclusive of, or as any limitation on, the general powers or rights granted in this article. 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. PAGE 1 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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; eeniffitini*aes--of iiiter-es*texisTing ; 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 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 Mar-eh , fthe year-iiro•hiek the month following said 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 le islgi ative 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 1 the Common Council may be exercised by order or resolution, where not inconsistent with this Charter or ordinances of the City, and subject to the approval of the Mayor as set forth in this Charter. Upon the affirmative vote of at least five (5) members of the Common Council, the Common Council may make formal investigations into the affairs of the City, or the conduct of any PAGE 2 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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 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 order, except to adjourn for lack of quorum or compel the attendance of a quorum, and no ordinance, or resolution, shall be valid unless it receives the affirmative vote of at least four(4) members of the Common Council. A. Procedures. Except as expressly provided in this Charter, the requirements for the introduction, consideration, adoption, and effective date of ordinances, including all publication and notice requirements, shall be governed by state law. B. Approval by Mayor. Except as expressly provided in this Charter, no ordinance, resolution, or order shall take effect without the approval of the Mayor. For orders,the approval of the Mayor is presumed unless at the meeting at which the order is passed, the Mayor announces disapproval and the reasons therefor. All ordinances and resolutions must be submitted in final form to the Mayor for approval. The Mayor's approval of an ordinance or resolution is presumed unless within five (5) business days from the date of submittal, the Mayor disapproves the ordinance or resolution and provides written reasons therefor. Approval of the Mayor shall not be required for emergency ordinances or quasi-judicial decisions of the Common Council. C. Override by Common Council. Any ordinance or resolution disapproved by the Mayor, shall take effect as if approved by the Mayor, upon the affirmative vote of at least five (5) members of the Common Council no later than the next regularly scheduled meeting of the Common Council after the Mayor's disapproval. Any order of the Common Council disapproved by the Mayor, shall take effect as if approved by the Mayor, upon the affirmative vote of at least five (5) members of the Common Council at the same meeting of the Common Council at which the order is disapproved. D. Approval and override in Community Development Commission. When pursuant to state law, the Mayor and Common Council have designated themselves as the Community Development Commission of the City, the Mayor shall have the power of approval of all orders and resolutions of the Commission, in the same manner as the Mayor has in the City, subject to the power of the Commission to override any disapproval, in the same manner as the 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,the date when the time for the Mayor' s disapproval ewes is overridden, Mayer-'s disappfeval is eveiiiddeii by the GenHiieifl PAGE 3 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 mil. For orders of the Common Council t here the Maye"'s ^ '-eva n , vrrircrn��v�ca=wavr�. cn��snrpv .,t.t.,......, 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 City, matters related to constituents, and pending legislative matters, members of the Common Council may communicate with the City Administrator, department heads, agency heads, or other officers of the City. Members of the Common Council shall have no power to give any orders,publicly or privately, to the City Administrator or any subordinate of the Mayor, or to any department or agency head, or subordinate of the department or agency head; nor shall members of the Common Council attempt to coerce or improperly influence the letting of any contract, purchase of supplies, or any other administrative action. Members of the Common Council shall have no power to order any subordinate of the Mayor, department head, agency head, or other officer, either directly or indirectly, to appoint, employ, discipline, demote, suspend, or dismiss any employee of the City. Sec. 308. Meetings. Except as expressly provided in this Charter, the notice, conduct, and procedures for all meetings of the Common Council shall be governed by state law. The Common Council shall provide by resolution for the order of business and the rules of procedure for the conduct of meetings of the Common Council. The time and place of the regular meetings of the Common Council shall be established by ordinance of the City. Special meetings may be called by the Mayor or a majority of the members of the Common Council. A majority of all members of the Common Council shall constitute a quorum to do business. The Common Council may establish rules for conduct of its meetings and proceedings, and may order the removal of any member or other person for disrupting the meeting or failing to comply with orders of the person presiding at the meeting. Except for procedural motions or motions approved by unanimous vote, the ayes and noes of all votes of the Common Council shall be recorded and entered in the minutes of the meeting. Sec. 309. Mayor to preside. The Mayor shall preside at all meetings of the Common Council,but shall not be entitled to vote. In the absence of the Mayor,the Mayor Pro-Tempore shall preside, shall have the same power as the Mayor to disapprove any order of the Common Council, and shall retain the right to vote as a member of the Common Council. In the absence of both the Mayor and the Mayor Pro-Tempore, the Common Council may choose one (1) member of the Common Council to preside, who shall retain the right to vote as a member of the Common Council but shall not have the power to PAGE 4 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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 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. I Sec. 402. Term of office. The person elected to hold the Office of the Mayor shall be elected to serve for a term of four (4)years. The term shall begin on the first meeting of the Common Council in March following the Mayor's election, or if the Mayor is elected at a run-off election,then on the first meeting in Mafe f the yeaf in whieh the,- eff e?eefe:is held. the month following said election. 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. The Mayor shall execute,uphold and cause the enforcement of all laws and ordinances of the City. In fulfilling the obligations of the office, the Mayor shall specifically, but not by way of limitation, have the power and duty to: .Shall vigil 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 PAGE 5 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 Council in order that public interests may be protected and the person in default proceeded against according to law. B. Appoint, discipline, remove, and prescribe qualifications and duties for employees of the Office of the Mayor, as may be needed to perform the duties and carry out the responsibilities of that office. C. Appoint and prescribe qualifications and duties for department heads, agency heads, and other non-elected officers of the City, subject to confirmation by the Common Council.. D. Discipline and remove from office with 2/3 council approval 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. Ensure that all contracts and agreements with the City are faithfully kept and fully performed. G. Make recommendations to the Common Council concerning the affairs of the City and, at least once per year,publicly address the Common Council on the state of the City. H. Actively promote economic development to broaden and strengthen the commercial and employment base of the City. I. Prepare and submit an annual budget for the City to the Common Council for consideration, and keep the Common Council fully advised as to the financial condition and future needs of the City. J. Represent the City in all intergovernmental relations and for all ceremonial purposes. K. Declare a local emergency and coordinate the City's emergency response activities in accordance with procedures established by ordinance. L. Issue executive orders in writing, to establish procedures and implement policies consistent with this Charter and ordinances of the City. Any executive order or amendment thereof may be rescinded by an affirmative vote of at least five (5) members of the Common Council. PAGE 6 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 M. Perform other duties and functions as are specified in this Charter or by ordinances of the City. Sec. 404. Mayor Pro-Tempore. The Mayor shall appoint, within a reasonable time after commencement of the Mayor's term of office and subject to confirmation by the Common Council, and may remove 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. 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. Sec. 406. Police and Fire Departments. There is hereby created the Police and Fire Departments which shall be under the control and management of the Mayor. Sec. 407. Police Department—Membership. The Police Department shall consist of a Chief of Police, and such officers and other police officers as the Mayor and Common Council may from time to time determine. Sec. 408. Chief of Police—Duties. The Mayor shall appoint a Chief of Police, subject to the approval of the Common Council. The Chief of Police shall have the powers and duties that are now or may hereafter be conferred upon chiefs of police by the laws of the State, and such powers and duties shall in all respects be promptly executed by police officers and authorized personnel in the Police Department. The Chief of Police shall enforce the laws of the State and the ordinances of said City, and shall arrest all persons suspected of violations of the same. The Chief of Police shall also have charge of the City Jail, of all prisoners and of all those who are sentenced to labor upon public streets,public works or other places of said City and shall execute and enforce all orders and sentences in reference thereto; PAGE 7 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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 resident of the City, and shall have at least five (5) years experience as a city clerk or deputy city clerk. All of these eligibility requirements must be satisfied at least twenty-nine (29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of office. Sec. 502. Term of office. The person elected to hold the Office of the City Clerk shall be elected to serve for a term of four (4) years. The term shall begin on the first meeting of the Common Council in March following the City Clerk's election, or if the City Clerk is elected at a run-off election, then on the first meeting in the month following said 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 of the City Clerk. All Deputy City Clerks and other employees shall serve at the pleasure of the City Clerk. Sec. 504. Powers and duties. The powers and duties of the City Clerk shall be as follows: A. Serve as the custodian of the City seal and the ordinances, resolutions, contracts, records, and other documents of the City entrusted to the City Clerk's care. B. Keep all ordinances, resolutions, contracts, records, and other documents properly indexed and, when not in actual use, open during regular office hours to public PAGE 8 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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. i G. Issue business registration certificates and countersign all warrants on the City treasury, except warrants of the boards established under Articles XIII and XIV of this Charter. H. Perform the duties of a city clerk established by state law, or ordinance or resolution of the City, where not inconsistent with this Charter. ARTICLE VI. CITY ATTORNEY. Sec. 600. The City Attorney. There is hereby created the position of City Attorney. The Mayor shall appoint the City Attorney subject to confirmation by the Common Council, and the Mayor may remove the City Attorney subject to confirmation by the Common Council. The person appointed as City Attorney shall devote his or her entire time to the duties of the office. Sec. 601. Eligibility. To be eligible to be appointed as City Attorney, a person must be an attorney-at-law licensed to practice in all the courts of the State of California, and prior to appointment must have engaged in the practice of law in the State of California for at least five(5) years, with at least five(5)years experience as either a city attorney or deputy city attorney, or possess a comparable understanding of municipal law. Sec. 602. Deputy City Attorneys and other employees. 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 fully licensed attorney-at-law at the time of appointment and continuously thereafter. Sec. 603. Powers Duties. The pia duties of the City Attorney shall be as follows: PAGE 9 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 A. Advise the Mayor, Common Council, officers, and boards and commissions in all matters of law pertaining to their offices, powers, and duties. B. Attend all meetings of the Common Council. C. Represent and appear for the City, Mayor, Common Council, and boards and commissions, in any legal action or proceeding in which they or any of them are concerned or are a party. D. Upon request of an officer or employee or former officer or employee of the City represent and appear for the officer or employee or former officer or employee in any action or proceeding brought against him or her, in his or her official or individual capacity, on account of an act or omission in the scope of his or her employment as an officer or employee or the City, whenever the City is required by state law or whenever the Common Council elects to provide such defense. E. Prosecute on behalf of the People violations of this Charter or ordinances of the City, and prosecute on behalf of the People misdemeanor offenses and infractions arising from the violation of state law within the City. F. Perform other legal services requested by the Mayor or Common Council. Sec. 604. Prohibition against private practice. The City Attorney shall not conduct any private law practice while holding office. Sec. 605. Outside legal counsel. The Mayor and Common Council shall 'oi�nt�l have the power and authority to employ and engage such outside legal counsel and services for the interest and benefit of the City and the inhabitants thereof. ARTICLE VII. SECTIONS 700-706 HAVE BEEN DELETED. ARTICLE VIII. CITY TREASURER. Sec. 800. The City Treasurer. There is hereby created the position of City Treasurer. The procedures for appointing and the qualifications for the City Treasurer, and the duties, responsibilities, and functions of the City Treasurer, shall be established, defined, and altered by ordinance of the City. The City Treasurer shall perform the duties of a city treasurer established by state law where not inconsistent with this Charter or ordinances of the City. PAGE 10 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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 l 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 eaflier 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 later eaffie 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. The special municipal election required by this section shall be called by the Common Council no later than thirty (30) days after the Common Council declares the vacancy. Upon the Mayor Pro-Tempore becoming Mayor, said person shall comply with Section 400 of this Charter within a reasonable period of time not to exceed 6 months. 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. PAGE 11 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 Sec. 1001. Run-off municipal elections. If in any general municipal election no candidate receives a majority of the votes cast for the elected office,the Common Council shall immediately, upon determination of that fact,call a run-off municipal election to be held on the first Tuesday after the first Monday in February. Notwithstanding any other section of this Charter, whenever a county-wide or state-wide election is scheduled within sixty (60) days after the date on which a run-off municipal election would otherwise be held pursuant to this Charter, the City shall consolidate the run-off municipal election with the county-wide or state-wide election. The two candidates receiving the highest number of votes for the office in the general municipal election shall be declared the candidates for the run-off municipal election. Sec. 1002. Special municipal elections. All other municipal elections that may be held by authority of this Charter or of any law, shall be known as special municipal elections. Notwithstanding any other section of this Charter, whenever a county-wide election, state-wide election, general municipal election, or run-off municipal election is scheduled within sixty (60) days of the date on which a special municipal election would otherwise be held pursuant to this Charter, the City shall consolidate the special municipal election with the county-wide election, state-wide election, general municipal election, or run-off municipal election. The candidate receiving the most votes in a special election shall take office at the first meeting of the Common Council 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, Councilmember First Ward, Councilmember Second Ward, and Councilmember Fourth Ward. In 2003 and every four(4) years thereafter, a general municipal election shall be held to elect persons to the following elected offices of the City: Office of the City Clerk, Councilmember Third Ward, Councilmember Fifth Ward, Councilmember Sixth Ward, Councilmember Seventh Ward. 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. PAGE 12 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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 a5n (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 f3A%) f2.5% of the entire vote cast for all candidates for Mayor at the last election at which the Mayor was elected. Sec. 1103. Recall. Every incumbent in an elected office in the City, whether elected by popular vote or appointed to fill a vacancy,may be removed from the elected office by the voters eligible to vote for such elected office. This process shall be known as the recall. Any vacancy of an elected office caused by the recall of an elected officer shall be filled in accordance with the provisions of this Charter. No person recalled from an elected office or who resigned from elected office while recall i 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: I A. Twenty-five percent(25%) of the registered voters eligible to vote for the incumbent proposed to be recalled, according to the last official report of registration to the Secretary of State of California by the county elections official of the County of San Bernardino. i 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 I 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 I official report to the Secretary of State of California, by county elections official of the County of San Bernardino. I ARTICLE XII. BOARDS AND COMMISSIONS. PAGE 13 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 Sec. 1200. Creation. Operational, advisory, appellate, or rule-making boards and commissions for the proper operation of any function or agency of the City may be established by ordinance of the City. The ordinance shall prescribe the powers,duties, functions, and jurisdiction of the board or commission, and shall establish the number of members of the board or commission, and their qualifications, terms, compensation, and reimbursement for expenses, if any. Sec. 1201. Appointment and removal of members. The procedure for appointing members of boards or commissions established under this article shall be established by ordinance of the City. Any member of a board or commission established under this article may be removed by the affirmative vote of at least five (5) members of the Common Council. ARTICLE XIII. 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 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, PAGE 14 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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, 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 Mayor and 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 funds. The Common Council may, in its discretion, transfer on a monthly basis from the Water 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 PAGE 15 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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 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. 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 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. PAGE 16 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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. 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 PAGE 17 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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. There is hereby created the San Bernardino City 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. 1501. State law governs. The Board of Education shall have all the powers and duties now or hereafter prescribed by the Education Code of the State of California, 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. Sec. 1502. Effect of charter. Adoption of this Charter shall not have the effect of creating any 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 XVI. PLANNING COMMISSION. Sec. 1600. Creation. There is hereby created the Planning Commission for the City. The manner in which, the times at which, and the terms for which the members of the Planning Commission shall be appointed,their qualifications and the number which shall constitute the Planning Commission shall be established by ordinance of the City. Sec. 1601. Powers. and duties. The Planning Commission shall exercise the powers and duties 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. PAGE 18 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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 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 mb , f the Sal ,Gemffiittee shall be e of one busitiess ,t:. > ene pefse 4 in publie adffiif1iStfeAi0fi-' > institution, and twe ether-appeiRtees. 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 each , and the Qly TET D..,.,,,,,.. ter- and ether elected official of the City. Not later than ninety(90) days before the end of the fiscal year, the Salary Committee shall make a recommendation to the Common Council concerning the total compensation, including salary and benefits, for each and eth elected official of the City. The Common Council shall adopt or disapprove the recommendation of the Salary Committee prior to the end of the fiscal year. The Common Council shall have no power to alter, amend, or otherwise change the recommendation of the Salary Committee. Sec. 1802. Effective date of changes in compensation. If a change in the total compensation for an elected 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. PAGE 19 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 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. Sec. 2000. Personnel system. A. Merit principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness, demonstrated by a valid and reliable examination or other evidence of competence. B. Merit system. Consistent with all applicable federal and state laws a merit system governing personnel policies necessary to effectively administer the employees of the City's departments, agencies, and offices, shall be established by ordinance of the City. The merit system shall include, but not be limited to, classification and pay plans, qualifications and examinations, provisional and exempt appointments, employee duties and working conditions, in-service training, disciplinary actions, force reductions, removals, grievances, and relationships with employee organizations. Sec. 2001. Civil Service Board of Appeals. A. Creation. There is hereby created the Civil Service Board of Appeals to exercise the powers and duties prescribed in this section, in a manner consistent with this Charter and ordinances of the City. B. Membership. The Civil Service Board of Appeals shall be composed of five (5) members appointed by the Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the Civil Service Board of Appeals, a person must be at 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 PAGE 20 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 meeting of the Common Council in May of each of the following years, and again every six (6) years thereafter: 2003, 2004, 2005, 2006, and 2007. Any person appointed to the Civil Service Board of Appeals may be removed by the affirmative vote of at least five (5) members of the Common Council. If the position of any member on the Civil Service Board of Appeals is vacated prior to the expiration of that member's term, the Mayor shall appoint a person to fill the remainder of the unexpired term, subject to confirmation by the Common Council. C. Powers and duties. The Civil Service Board of Appeals may affirm, overrule, or modify on appeal any final administrative decision resulting in the discipline, demotion, suspension, or removal of an employee who is under the classified personnel system, and its decision shall be final. Sec. 2002. Non-discrimination. No person shall be appointed to or removed from, or in any way favored or discriminated against, with respect to any city employment,position, contract, or appointment for any reason or condition prohibited by state or federal non-discrimination laws and regulations. Sec. 2003. Nepotism. The Mayor,members of the Common Council,members of boards or commissions, and any department head, agency head, or other officer having appointive power, shall not recommend the appointment of, appoint, or vote for or elect to any office, position, or employment with the City, any member of said officer's immediate family. For purposes of this section, the term"immediate family"is defined as a spouse, son, daughter,mother, father,brother, sister, grandchild, grandparent, aunt, uncle, nephew, or niece, and includes half-relatives, step-relatives, and in-laws, as well as any person who regularly cohabits with or uses the domicile of said officer as his or her residence. Any appointment made in violation of this section shall be void and of no effect. The foregoing prohibition against nepotism may be waived by an affirmative vote of at least five (5) members of the Common Council upon a finding that the proposed appointment is in the best interest of the City. Sec. 2004. Compensation. Except as otherwise provided in this Charter, the Mayor or designee shall negotiate, establish, and adjust the total compensation for all employees and non-elected officers of the City, except those directly appointed by the Common Council under Article III of this Charter. In making compensation determinations, the Mayor shall consult with and receive input from the City Administrator and any affected department head, agency head, and other officer of the City. All compensation determinations by the Mayor shall be subject to confirmation by the Common Council. ARTICLE XXI. FISCAL ADMINISTRATION. Sec. 2100. Fiscal year. The fiscal year of the City shall be established by ordinance of the City. PAGE 21 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 Sec. 2101. Budget. Each department, agency, and office of the City shall provide in the form and at the time directed by the Mayor and City Administrator all information required to develop a budget conforming to modern budget practices and procedures as well as specific information which the Common Council may require. Under the direction and control of the Mayor,the City Administrator shall prepare a budget that provides a complete financial plan of all City operations and activities for the next fiscal year. In preparing the budget, the City Administrator shall review the information and hold conferences thereon with the department heads, agency heads, and officers of the City. The Mayor shall present the budget to the Common Council, in such form as the Mayor deems appropriate after consultation with the Common Council. Following at least one public meeting on the budget, the Common Council shall adopt by resolution a budget of proposed expenditures and appropriations necessary therefor for the next fiscal year, failing which the appropriations for current operations of the last fiscal year shall be deemed effective until the new budget and appropriation measures are adopted. Sec. 2102. Budget message. The budget submitted by the Mayor to the Common Council shall be accompanied by a budget message which shall explain the budget. The budget message shall outline the proposed financial policies of the City for the next fiscal year, describe the important features of the budget, indicate any major changes from the preceding year in financial policies, expenditures, and revenues, together with the reasons for the changes, summarize the City's debt position, and include such other information as the Mayor deems appropriate. Sec. 2103. Municipal taxes. The procedure for the assessment, levy, and collection of taxes upon property taxable for municipal purposes shall be prescribed by ordinance of the City which shall conform to applicable state law. Sec. 2104. Independent audit. After the commencement of each fiscal year, the Mayor, with the consent of the Common Council, shall employ a qualified certified public accountant, who has no personal interest, direct or indirect, in the fiscal affairs of the City or any of its employees or officers. The accountant shall perform an annual audit of the books, financial records, and related documents of the City in accordance with generally accepted auditing standards for public agencies, and shall have free access to the books, records, inventories, and reports of all officers and employees who receive,handle, or disburse public funds, and such other officers, employees, departments, or agencies as the Common Council may direct. As soon as practicable after the end of the fiscal year, a final audit and management report shall be submitted by the accountant to the Mayor and Common Council, and shall be available thereafter for public review and inspection. ARTICLE XXII. TRANSITION. Sec. 2200. Adoption date and operative date. PAGE 22 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 As used in this Charter, the term"Adoption Date"means the date upon which this Charter is filed in accordance with state law, and the term"Operative Date"means the date of July 1, 2001. except as otherwise provided in this Charter. Sec. 2201. Officers, employees, boards, and commissions. Except as provided in this section, all officers, employees, and persons serving on any board or commission of the City on the Adoption Date shall continue to perform the duties of their respective offices, employments, and appointments without interruption and under the same terms and conditions until provisions have been made otherwise in accordance with this Charter or until the election, employment, or appointment of their successor. A. City Attorney and City Treasurer. Upon the Adoption Date, the persons serving in the elected offices of the City Attorney and the City Treasurer as established by the previous charter, shall serve,respectively, as the appointed City Attorney and the appointed City Treasurer as established under this Charter,until a person is appointed to such office in accordance with this Charter, or the office is vacated, or the Operative Date, whichever is earlier. B. Park and Recreation Commission. The Park and Recreation Commission established by the previous Charter, as it existed immediately prior to the Adoption Date, shall continue in effect as a commission established by ordinance pursuant to Section 2206 of this Charter, and all persons appointed as a member of the Park and Recreation Commission shall continue as a member and continue to perform the duties of the Park and Recreation Commission in accordance with such ordinance. C. Mayor Pro-Tempore. Within ninety(90) days after the Adoption Date,the Mayor shall appoint a person to serve as Mayor Pro-Tempore in accordance with Section 404 of this Charter. D. 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. E. Board of Trustees of the Free Public Library. The Board of Trustees of the Free Public Library established by Section 205 of the previous Charter, as it existed immediately prior to the Adoption Date, shall continue to exist but shall perform the functions of the Board of Library Trustees pursuant to Article XIV of this Charter, and all members thereof shall continue to serve until the expiration of their respective terms, unless the member resigns. or is otherwise removed in accordance with this Charter. To transition to the new terms for members of the Board of Library Trustees under Section 1401 of this Charter, the following transitional appointments shall be PAGE 23 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 made as the terms of the members in office on the Adoption Date expire: one (1) appointment for two (2) years, one (1) appointment for three (3) years, and one (1) appointment for six (6) years shall be made at the first meeting of the Common Council in May, 2001; and one (1) appointment for two (2) years and one appointment for three (3) years shall be made at the first meeting of the Common Council in May, 2003. Upon the expiration of the term of each transitional appointment made pursuant to this section, all subsequent appointments shall be made in accordance with Section 1401 of this Charter. F. Civil Service Board. The Civil Service Board established by Section 246 of the previous Charter, as it existed immediately prior to the Adoption Date, shall continue to exist but, after the Operative Date or the earlier adoption of the ordinance required by Article XX of this Charter, it shall perform the functions of the Civil Service Board of Appeals pursuant to Section 2001 of this Charter, and all members thereof shall continue to serve until the expiration of their respective terms, unless the member resigns. or is otherwise removed in accordance with this Charter. To transition to the new terms for members of the Civil Service Board of Appeals under Section 2001 of this Charter, the following transitional appointments shall be made as the terms of the members in office on the Adoption Date expire: one (1) appointment for two(2)years and one(1) appointment for six(6)years shall be made at the first meeting of the Common Council in May, 2001; one(1) appointment for one(1)year and one appointment for two (2)years shall be made at the first meeting of the Common Council in May,2003; and one(1) appointment for one(1)year shall be made at the first meeting of the Common Council in May, 2005. Upon the expiration of the term of each transitional appointment made pursuant to this section, all subsequent appointments shall be made in accordance with Section 2001 of this Charter. Sec. 2202. Initial salaries of elected officers. A. Mayor. Effective on the Adoption Date, the Mayor's salary shall be increased to eighty thousand dollars ($80,000.00) per year. After the Adoption Date, all adjustments to the total compensation paid to Mayor, including salary, shall be in accordance with the provisions of this Charter. B. Members of the Common Council. Effective on the Adoption Date, the salary for members of the Common Council shall be increased to twelve thousand dollars ($12,000.00) per year. After the Adoption Date, all adjustments to the total compensation paid to members of the Common Council, including salary, shall be in accordance with the provisions of this Charter. C. Salary of City Clerk. Within ninety (90) days after the Adoption Date, the Common Council shall establish by resolution the initial total compensation for the City Clerk other elected officials. After the Common Council establishes the initial total compensation of the City Clerk by resolution, all adjustments to the total PAGE 24 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 compensation paid, to the City Clerk, including salary, shall be in accordance with the provisions of this Charter. Sec. 2203. Municipal laws and regulations. On or after the Operative Date, all ordinances, resolutions, orders, rules, and other regulations not inconsistent with, conflicting with, or interfering with the effective operation of this Charter, shall remain and continue in force until duly amended, repealed, or replaced. Any ordinance,resolution, order, rule, or other regulation in effect on the Operative Date, regardless of the method, manner, or time of adoption, is hereby repealed to the extent inconsistent with, conflicting with, or interfering with the effective operation of this Charter. After the Adoption Date and prior to the Operative Date, the following shall occur: A. Conformance of orders, rules, and regulations. Prior to the Operative Date, each officer, department, agency, board, or commission responsible for promulgating orders, rules, or other regulations of the City, shall review all such orders, rules, or other regulations for which it is responsible, and shall amend, repeal, or replace such orders, rules, or other regulations to the extent necessary to be consistent with this Charter. B. Conformance of ordinances and resolutions. The City Attorney and City Clerk shall review all ordinances and resolutions, and shall report to the Mayor and propose to the Common Council the amendment or repeal of any existing ordinance, resolution, or order necessary to be consistent with this Charter, or the adoption of new ordinances,resolutions, or orders necessary to implement the provisions of this Charter. Sec. 2204. Previous personnel system. Until the Operative Date,the provisions of sections 246 through 261 of the previous Charter as they existed immediately prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto, shall continue in full force and effect except as the same may hereafter be changed by amendment thereof in the manner provided by law. After the Operative Date or the earlier adoption of the ordinance required in Article XX of this Charter, said sections, and any ordinances,rules, or regulations adopted pursuant thereto, shall immediately cease to have any force or effect. The adoption of this Charter shall not affect any employee grievance proceeding or action that has been commenced prior to the Adoption Date. Sec. 2205. 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 afid e€feet€or a period of e(2) yea erne Adoption Date, at Whieh 6m� and effect. These provisions will sunset upon PAGE 25 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 adoption and implementation of SB402 or similar binding arbritration actions from the State. Sec. 2206. Previous charter sections treated as ordinances. The following sections of the previous charter as they existed immediately prior to the Adoption Date, shall be treated as if enacted by ordinance, and may be amended, repealed, or replaced by ordinance after the Adoption Date. To the extent of conflict or inconsistency between the previous charter sections treated as if enacted by ordinance under this section and this Charter, this Charter shall prevail. 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 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. 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. Officers and employees subject to group or individual bonds to insure the faithful PAGE 26 OF 27 DRAFT(DATED 07/10/00) C REVISED: 07/24/00 performance of official duties, and shall be determined by ordinance of the City. The ordinance, 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. Regulations governing conflicts of interest and ethics applicable to officers, employees, members of boards and commissions, and candidates for elected office of the City may be established by ordinance of the City.. The City_shall not be required to negotiate or meet and confer with officers, employees, or employee organizations regarding the adoption or revision of such regulations. Sec. 2303. Prohibition against holding other office or city positions. Except where authorized by law, no elected officer of the City shall hold any other elected public office during the term for which the person was elected to office. No elected officer shall hold any other municipal office or hold any office or employment,the compensation of which is paid with funds of the City, while serving as an elected officer of the City. Except for the incumbent in an elected office on the Adoption Date that is abolished or otherwise removed from this Charter,no former elected officer of the City shall hold any compensated office or employment with the City, except an elected office, until at least one (1) year after the expiration of the term for which the person was elected. Nothing in this section shall be construed to prohibit the appointment of any current or former elected officer of the City to represent the City on the governing board of any regional, state, federal, or other intergovernmental agency or commission. Sec. 2304. Delivery of books, papers, and property to successors. All papers, books, documents, records, archives and other properties prepared for or purchased by the City shall be and remain the property of the City. All officers, department heads, agency heads, members of boards and commissions, and employees of the City,upon leaving office or termination of employment or appointment, shall deliver to their successors all such papers, documents, records, books, archives and other properties pertaining and belonging to the City in their possession or under their control. Sec. 2305. Effect of invalidity in part. If any section, subsection, sentence, clause, or phrase of this Charter, or any amendment thereto, is for any reason held to be unconstitutional or otherwise invalid, that decision shall not affect the validity of the remaining portions of this Charter. The people of the City of San Bernardino hereby declare that they would have ratified and adopted this Charter and each section, subsection, sentence, clause, or phrase thereof, and any amendment thereto, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, phrases or amendments be declared unconstitutional or otherwise invalid. Sec. 2306. Violation of charter. The violation of any provision of this Charter is a misdemeanor and shall be punishable upon conviction in the manner provided by state law, and may be redressed by civil action in conjunction therewith. PAGE 27 OF 27 SAN Bernardino CITY CHARTER SUMMARY OF CHANGES 7/24/00 Sec. 201. Intergovernmental actions. Addition: 4th line, "foreign countries" Sec. 301. Creation of Wards. Deletion: 11th line, "communities of interest; existing neighborhoods and community boundaries" Sec. 303. Term of office. Deletion: 4th line,"March of the year in which" Addition: 4th line,"the month following said" Deletion: 4th line, "is held" Sec. 304. Powers Addition: 1St line, "legislative" Sec. 305. E. Date of adoption. Deletion: 3rd line, "expires" Addition: 3rd line, "is overridden" Deletion: 3rd line,"or the date the Mayor's disapproval is overridden by the Common Council" Deletion: 4th line, "or in those cases where the Mayor's approval is not required" Sec. 402. Term of office. Deletion: 4th line,"March of the year in which the run off election is held" Addition: 4th line, "the month following said election" Sec. 403.A. Deletion: 1" line, "Exercise management authority,including the delegation of discretionary functions over all departments, agencies, and employees of the City" Addition: 2"d line, "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 of 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" Sec.403.1). Addition: 1" line, "with 2/3 council approval" Sec. 502. Term of office. Deletion: 4th line, "March of the year in which the run off' Addition: 4th line, "the month following said" Deletion: 4th line, "is held" Sec. 503. Deputy City Clerks and other employees. Addition: 3rd line, "All Deputy City Clerks and other employees shall serve at the pleasure of the City Clerk" Sec. 603. Powers and Duties. Deletion: Title line, "Powers and Deletion: Ist line, "powers and" Sec. 605. Outside legal counsel. Addition: lst line, "jointly" Sec. 700-706. CITY PROSECUTOR All Deleted Sec. 902. Filling vacancy in the Office of the Mayor. Addition: 5th line, "later" Deletion: 5th line, "earlier" Addition: 10th line, "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" Sec. 1101. Initiative. Addition: 6th line, "25% Deletion: 6th line, 30% Sec. 1102. Referendum. Addition: 8th line, 25% Deletion: 6th line, 30% Sec. 1800. Creation Deletion: 3`d line, "The members of the Salary Committee shall be composed of one business executive, one representative of a non- partisan voter organization, one person experienced in public administration, one representative of a labor organization, one representative of an educational institution, and two other appointees" Sec. 1801. Duties and procedures. Deletion: 2"d line, "the Mayor, members of the Common Council, the City Clerk, and the City Prosecutor and other" Deletion: 5th line, "and other" Sec. 2004. Compensation. Addition: 1St line, "or designee" Sec. 2205. Sunset of previous Section 186. Deletion: 3`d line, "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" Addition: 4th line, "and effect. These provisions will sunset upon adoption and implementation of SB402 or similar binding arbitration actions from the State." INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RACHEL G.CLARK,CITY CLERK SUBJECT: INITIATIVE,REFERENDUM AND SPECIAL ELECTIONS DATE: 07/25/00 CC. CITY ATTORNEY JAMES PENMAN,JIM MORRIS,CHAIRMAN,CHARTER REVIEW COMMITTEE Following up on yesterday's Council meeting, attached for your information are color-coded copies of the following matrices: • Matrix showing provisions for Initiative in the Current Charter, the Elections Code and the Proposed Charter(yellow copies) • Matrix showing provisions for Referendum in the Current Charter,the Elections Code and the Proposed Charter(blue copies) • Matrix showing provisions for Special Elections in the Current Charter,the San Bernardino Municipal Code,and the Proposed Charter(pink copies) I hope this information will assist in providing a comparison of language affecting initiative, referendum,and special elections. If you have any questions,please do not hesitate to call me at extension 3210. Rache G. 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