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DOC ID: 4488 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Public Hearing
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 06/13/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Discussion of Proposed Ballot Item for New Charter to be Placed on the November
2016 Ballot (#4488)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount»
Mayor to open the hearing. . .
Motion: Continue the public hearing to July 13, 2016.
Background:
On May 16, 2016, the Volunteer Citizen Based Charter View Committee presented its
proposed Charter to the Mayor and Common Council, capping off a two-year process of
review and discussion. The committee members were each appointed by their
respective council member, and the Mayor appointed two representatives.
The MCC voted to amend the Proposed Charter to include language for a municipal
police department and directed staff to prepare the item for public hearings and set the
public hearings in a manner to get it to the Registrar of Voters 88 days prior to the
election, as is required by state law.
The public hearings have been set for June 13, 2016 at 5:30; July 13, 2016 at 5:30 p.m.
The item will be heard on August 4, 2016 at 5:30 p.m. for final decision of whether to
place on the November 2016 ballot.
Supporting Documents:
Proposed Charter (Final DD 5-19-16) (DOCX)
Updated: 6/6/2016 by Linda Sutherland A
Table of Contents
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PREAMBLE.................................................................................................................................................1 0
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ARTICLE I: NAME,BOUNDARIES,POWERS,RIGHTS AND SUCCESSION, r
INTERGOVERNMENTAL RELATIONS...............................................................................................1
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Section 100. Name and Boundaries....................................................................................................1 c"a
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Section101. Powers of the Ci ty...........................................................................................................1 d
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Section 102. Interpretation of Powers.................................................................................................1
Section 103. Rights and Succession.....................................................................................................1 r
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Section 104. Intergovernmental Relations.........................................................................................2
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ARTICLE II: FORM OF GOVERNMENT..............................................................................................2 `o
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Section 200. Form of Government......................................................................................................2 4)
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ARTICLE III: CITY COUNCIL AND MAYOR.....................................................................................2
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Section 300. General Powers and Duties ...........................................................................................2 a
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Section 301. Composition, Eligibility, and Terms.............................................................................2 CL
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Section 302. Powers and Duties of the Council.................................................................................3 a
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Section 303. Powers and Duties of the Mayor...................................................................................3 r-
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Section 304. Manners of Action...........................................................................................................4 3
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Section 305. Compensation;Expenses................................................................................................4 0
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Section306. Prohibitions......................................................................................................................4 ao
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Section 307. Vacancies;Filling of Vacancies......................................................................................5
Section 308. Judge of Qualifications...................................................................................................5
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Section 309. Council Organization,Meetings and Rules of Order....................... ..........5 0
Section310. Ordinances .......................................................................................................................5 c
ARTICLEIV: CITY MANAGER.............................................................................................................5 m
Section 400. City Manager Appointment,Qualifications and Compensation.............................5 t
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Section 401. Powers and Duties ..........................................................................................................5 m
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ARTICLE V: DEPARTMENTS,SERVICES,OFFICERS AND EMPLOYEES...................................7 0
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Section 501. General Provisions..........................................................................................................7
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,.. Section 502. Direction by City Manager.............................................................................................7 E
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Proposed San Bernardino Charter (Final) Page 2
Section 503. Continuation of Departments........................................................................................7 a
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Section504. City Attorney...................................................................................................................7 >
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Section505. City Clerk..........................................................................................................................7 m
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Section 506. Departmental Administrators;Appointive Powers...................................................7 0
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Section507. Services.............................................................................................................................8
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Section508. Personnel System.............................................................................................................8 �
Section509. Official Bonds...................................................................................................................8
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ARTICLE VI: BOARDS,COMMISSIONS AND COMMITTEES.......................................................8 cc
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Section 600. General Provisions..........................................................................................................8 3
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Section 601. Appointment,Removal, Terms of Office and Procedural Rules..............................9 0`
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Section602. Library...............................................................................................................................9 E
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Section 603. Water and Wastewater...................................................................................................9 c
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Section 604. Personnel Commission.................................................................................................10 m
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ARTICLE VII: FINANCIAL MANAGEMENT...................................................................................10 0.
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Section700. Fiscal Year.......................................................................................................................10 a
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Section 701. Submission of Budget and Budget Message..............................................................10 0
Section 702. Budget and Capital Improvement Program..............................................................10 U)
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Section 703. Council Action on the Budget and Capital Improvement Plan..............................10 0
Section704. Independent Audit........................................................................................................11 00
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ArticleVIII: ELECTIONS.......................................................................................................................11
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Section800. City Elections.................................................................................................................11 06
Section 801. Elective Officers;Terms................................................................................................11 0
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Section802. Number of Wards..........................................................................................................11
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ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL...........................................12
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Section 900. Initiative, Citizen Referendum and Recall.................................................................12 `°
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ARTICLE X: CHARTER AMENDMENTS..........................................................................................12
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Section 1000. Charter Amendments Q-
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Section 1001. Periodic Review of Charter........................................................................................12
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Proposed San Bernardino Charter (Final) Page 3
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ARTICLEXI: SEVERABILITY...............................................................................................................12 m
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Section1100. Severability...................................................................................................................12 c
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PROPOSED CHARTER
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CITY OF SAN BERNARDINO
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STATE OF CALIFORNIA c
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PREAMBLE
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We,the people of the City of San Bernardino, in order to secure the benefits of home rule and a L
council-manager form of government,hereby adopt this Charter.
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ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, z
INTERGOVERNMENTAL RELATIONS
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Section 100. Name and Boundaries
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The City f San Bernardino hereinafter termed the City,
ty ty, shall continue to be a municipal ap
corporation under its present name of"City of San Bernardino." The boundaries of the City m
shall be as now established until changed in the manner authorized by law. 0 CL
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Section 101. Powers of the City a`
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The City shall have all powers possible for a city to have under the constitution and laws of the c
State of California as fully and completely as though they were specifically enumerated in this N
Charter. v
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Section 102. Interpretation of Powers
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The powers of the City under this Charter shall be construed in favor of the City, and the
specific mention of particular powers in the Charter shall not be interpreted as limiting in any ca
way the general power granted in this article. a,
Section 103. Rights and Succession o
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The City shall continue to own, possess and control all rights and property of every kind and c
nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be
subject to all of its debts, obligations and liabilities.
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All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time v
this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in
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force until they shall have been duly repealed, amended, changed, or superseded by proper 0
authority as provided by this Charter. o
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Subject to the provisions of this Charter, the present officers and employees of the City shall c
continue to perform the duties of their respective offices and employments under the same E
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Proposed San Bernardino Charter (Final) Page 2
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conditions as those of the existing offices and positions until the election or appointment and .0
qualification of their successors, subject to such removal and control as provided in this Charter.
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No action or proceeding,civil or criminal,pending at the time this Charter takes effect,brought z
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by or against the City or any officer, office, department or agency thereof, shall be affected or
abated by the adoption of this Charter or anything herein contained. o
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Section 104. Intergovernmental Relations
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The City may participate by contract or otherwise with any governmental entity of this state or
any other state or states in the United States in the performance of any activity, which one or
more of such entities has the authority to undertake.
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ARTICLE II: FORM OF GOVERNMENT
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Section 200. Form of Government
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The municipal government established by this Charter is the council-manager form of
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government. C;
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ARTICLE III: CITY COUNCIL AND MAYOR 0
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Section 300. General Powers and Duties „a
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All powers of the City shall be vested in the City Council ("Council"), and to the extent 0
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provided in this Charter, the Mayor. The Council shall provide for the exercise and H
performance of all duties and obligations imposed on the City by State and Federal laws. w
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Except as otherwise required by law, the role of the Council is legislative, which includes the
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power to set policy, approve contracts and agreements, and undertake other obligations v
consistent with this Charter and the City's Municipal Code, while deferring to the discretion of
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management to choose the appropriate means to achieve the Council's goals.
Section 301. Composition, Eligibility, and Terms Lh
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(a) Composition. The Council shall be composed seven(7) Council members. The term 0 1
"Council," "legislative body," or other similar terms as used in this Charter or any other LL
provisions of law shall be deemed to refer to the collective body composed of the Council
members. R
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(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council V
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member or Mayor. Those elected shall have been qualified electors and residents of their N
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respective wards for a period of at least thirty (30)consecutive days immediately preceding o
the date of filing their nomination papers for the office. a
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Proposed San Bernardino Charter(Final) Page 3
Section 302. Powers and Duties of the Council a
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The Council,in collaboration with the Mayor, shall ensure fundamental municipal services are o
provided to protect and promote public health safe Z
p p p p safety, and welfare. The Council and Mayor �
shall operate as a single governing body to serve the best interests of the City. r
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The Council, in collaboration with the Mayor,will develop and implement a Code of Conduct
to guide and direct their interactions and duties, including measures to hold one another
accountable for deviations from the goals and principles set forth in this Charter and the City a.
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Code of Conduct.
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The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the
City's fiscal integrity.
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Each Council member shall be entitled to vote on all matters coming before the Council. The
Council shall have the power to override any veto of the Mayor by a vote of five (5) or more ?
Council members.
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The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a
temporary absence from the City, illness, or any other cause that makes the Mayor temporarily —0
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unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers m
and authority that the Mayor would have possessed if present to perform his or her duties. N
However,the Mayor Pro Tempore may not cast an additional vote in the event of a tie or c
exercise veto powers over Council action,but may continue to exercise his or her vote as a a`
Council member. o
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Section 303. Powers and Duties of the Mayor
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The Mayor shall have the following powers and perform the following duties, in addition to
others as specified in this Charter:
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(a) Attend and preside at meetings of the Council and may participate fully in all a
discussions,but shall not be entitled to vote except in the event of a tie, to veto a matter,
and as otherwise provided in this Charter;
(b) Have the authority to veto any Council action approved by fewer than five (5) members
of the Council; o
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(c) Have the authority to vote (1)to appoint or remove the City Manager, City Attorney and
City Clerk and fix their compensation and (2) to appoint or remove members of boards, E
commissions or committees;
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(d) Appoint the members and officers of Council committees, and perform other duties as :
specified by the Council; v
(e) Be recognized as the head of the City government for all ceremonial purposes and by the m
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governor for purposes of military law; 0
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(f) Be the chief spokesperson for the City; and
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(g) Represent the City in intergovernmental relations and establish and maintain
partnerships and regional leadership roles to advance the City's interest; and may
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delegate such roles to other members of the Council.
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Proposed San Bernardino Charter(Final) Page 4
0 The Mayor shall have no administrative, appointment or removal powers except as otherwise a
provided in this Charter. nE,
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The office of Mayor shall be a full-time position and the incumbent shall not engage in any m
business, professional or occupational activities that interfere with the discharge of the duties of r
the office. o
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Section 304. Manners of Action
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Actions of the Council require a simple majority vote of the quorum present for approval a
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(a) Otherwise specified by State or Federal law; or
(b) Required by this Charter to be approved by the vote of the Mayor and entire Council. In v
such cases, five (5) affirmative votes shall be required to take the action.
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Section 305. Compensation;Expenses ,o
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Compensation for the Mayor and Council members shall be established by ordinance following °3
a public hearing, giving due consideration to the recommendations of an advisory commission o
charged with the periodic review of compensation for City-elected officials. Compensation for m
the Mayor shall be commensurate with that for a full-time position.
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No ordinance increasing such salaries shall become effective until the date of commencement of C-
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the terms of Council members elected at the next regular election. The Mayor and Council a`
members shall receive reimbursement for actual and necessary expenses incurred in the 0
performance of their duties of office. q
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Section 306. Prohibitions
(a) Holding Other Office. No Mayor or Council member shall hold any other City office or
City employment during the term for which he or she was elected. No former Mayor or 00
Council member shall hold any compensated appointive office or employment with the City
until one (1) year after the expiration of the term for which he or she was elected.
(b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes
as established by State law and/or City ordinance.
(c) Appointments and Removals. Neither the Mayor nor any Council member shall, in any c
manner, control or demand the appointment or removal of any City administrative officer
or employee whom the City Manager is empowered to appoint. This does not preclude the r_
Mayor or members of the Council from expressing their views and fully and freely v
discussing with the City Manager anything pertaining to the appointment and removal of
such officers and employees. o
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(d) Interference with Administration. Neither the Mayor nor any Council member shall a
interfere with the discretion of the City Manager in the exercise or performance of his or her
powers or duties. The Mayor and Council members shall deal with City officers and E
employees who are subject to the direction and supervision of the City Manager solely
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Proposed San Bernardino Charter(Final) Page 5
r through the City Manager, and shall not give orders to or attempt to direct the work of such M
officers and employees either publicly or privately. Inquiries may be made directly to d
officers and employees under the supervision of the City Manager with the knowledge and z
consent of the City Manager. r
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Section 307. Vacancies;Filling of Vacancies o
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(a) Vacancies. If the Council determines any of the events enumerated in provisions of the
Government Code pertaining to vacancies in public offices have occurred, the Council shall a
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declare a vacancy for the office of Council member or for the office of Mayor.
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(b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance in
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accordance with State law. r
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Section 308. Judge of Qualifications 3
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The Council shall be the judge of the election and qualifications of its members and the grounds ,o
for forfeiture of their office. E
Section 309. Council Organization, Meetings and Rules of Order o
The Council shall establish by ordinance the time, place and the method of calling meetings, the m
rules of order for the conduct of proceedings by the Council, and the order of succession in the N
event of a vacancy in the office of Mayor. c.
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Section 310. Ordinances
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When an action is required by State law or this Charter to be taken by ordinance, the ordinance O_
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shall be adopted in accordance with State law. 3
ARTICLE IV: CITY MANAGER
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Section 400. City Manager Appointment,Qualifications and Compensation
The Mayor and Council,by a vote of the Mayor and entire Council, shall appoint a City
Manager and fix the City Manager's compensation. The City Manager may be removed by the o
Mayor and entire Council in the same manner. The City Manager shall be appointed on the o
basis of education and experience in the accepted competencies and practices of local c
government management. The Mayor and Council shall establish and communicate clear =
expectations for the City Manager. An evaluation of the City Manager's performance shall be t:
conducted at least annually. t
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Section 401. Powers and Duties
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The City Manager shall be the chief executive officer of the City, responsible to the Council for o
the management of all City affairs placed in the City Manager's charge by or under this Charter. a
The City Manager will be the sole authority for managing City operations and appointing and E
directing City staff,except as otherwise provided in this Charter. r
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Proposed San Bernardino Charter(Final) Page 6
The City Manager shall:
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(a) Appoint and suspend or remove all City employees and appoint administrative officers, >
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except as otherwise provided by law,this Charter, or established personnel rules. The m
City Manager may authorize any administrative officer subject to the City Manager's r
direction and supervision to exercise these powers with respect to subordinates in that o
officer's department, office or agency; m
(b) Direct and supervise the administration of all departments, offices and agencies of the `6
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City,except as otherwise provided by this Charter or by law;
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(c) Attend all Council meetings. The City Manager shall have the right to take part in the r
discussion but shall not vote;
(d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, r
including the City's financial condition and future needs, and as part of that U
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responsibility,brief the Mayor and Council at their meetings on the business matters Z
before them; `o
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(e) See that all laws, provisions of this Charter, and acts of the Council are faithfully E
executed; °'
(f) Prepare and submit the annual budget and capital improvement program to the Mayor 2
and Council and implement the final budget approved by the Council to achieve the m
goals of the City; y
(g) Submit to the Mayor and Council and make available to the public a complete report on CL
the finances and administrative activities of the City as of the end of each fiscal year; a
(h) Make such other reports as the Mayor or Council may request regarding operations; 0
(i) Make recommendations to the Mayor and Council concerning the affairs of the City and 0
facilitate the work of the Council in developing policy; y
(j) Provide staff support services for the Mayor and Council members; N
(k) Assist the Mayor and Council in developing long-term goals for the City and strategies
to implement these goals; 00
(1) Be accountable for the implementation of Council goals and policies and the overall
performance of the City;
(m)Encourage and provide staff support for regional and intergovernmental cooperation;
(n) Promote partnerships among the Mayor, Council,staff, and citizens in developing
public policy and building a sense of community
(o) Make business and policy recommendations based solely on his or her independent �a
professional judgement and best practices in the interests of the City; and
(p) Perform other such duties as are specified in this Charter or may be requested by the
Council. cv
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Proposed San Bernardino Charter (Final) Page 7
ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES
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Section 501. General Provisions 00
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The City Manager may establish City departments, offices, or agencies in addition to those
created by this Charter, and may prescribe the functions of all departments, offices and agencies o
to meet the needs of the community in the most effective and efficient manner. m
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Section 502. Direction by City Manager a.
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Each City department, office and agency shall be administered by an executive appointed by $
and subject to the direction and supervision of the City Manager,except the Offices of the
Council,Mayor, City Attorney and City Clerk, the Library Board of Trustees, and the Water s
Board,which shall be administered by their respective executive officers as provided for v
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elsewhere in this Charter but which shall in all other respects be governed by the policies z
applicable to all other departments, offices and agencies. I-
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With the consent of the Council, the City Manager may serve as the executive of one or more m
such departments, offices or agencies. c
The City Manager may appoint one person to serve as the executive of two or more m
departments. 0
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Section 503. Continuation of Departments o
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' All departments, agencies, offices, and services in existence at the time this Charter is adopted 0
shall continue in the same manner as before the adoption of this Charter,unless and until o
changed by ordinance. 3
Section 504. City Attorney o AA
A duly qualified person shall be appointed as City Attorney by a vote of the Mayor and entire v
Council. The City Attorney may be removed by the Mayor and entire Council in the same
manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager m
and all City departments, offices and agencies; shall represent the City in all legal proceedings;
and shall perform any other duties prescribed by State law, this Charter or by ordinance.
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Section 505. City Clerk
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A duly qualified person shall be appointed as City Clerk by a vote of the Mayor and entire
Council.The City Clerk may be removed by the Mayor and entire Council in the same manner.
The City Clerk shall give notice of Council meetings to its members and the public,keep the t
journal of its proceedings, and shall perform any other duties prescribed by State law, this
Charter or by ordinance. c
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Section 506. Departmental Administrators;Appointive Powers °
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Each departmental executive shall have the power to appoint,supervise, suspend, or remove
such assistants, deputies, subordinates and employees as are provided for the department, E
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Proposed San Bernardino Charter (Final) Page 8
subject to the approval of the City Manager and subject to the provisions of the personnel rules .0
and regulations adopted by the Council.
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Section 507. Services Z
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The City shall provide for a municipal police department. The City also shall provide for c
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community development, finance,fire and emergency medical services,information
technology,library, parks and recreation,personnel, public works,water and wastewater, and
such other services as the Council deems appropriate for the public's health, safety and welfare. .
Section 508. Personnel System $
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All appointments and promotions of City officers and employees shall be made solely on the R
basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of i
competence. The administration of employee matters shall be delegated to a personnel or
human resources department.
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Consistent with all applicable Federal and State laws, the Council shall provide for the aEi
establishment, regulation and maintenance of a merit system and governing personnel rules Y
and regulations necessary for the effective administration of the employees of the City's —°�
departments, offices and agencies. Such personnel rules and regulations may include but are m
not limited to classification and pay plans,examinations,force reduction, removals, working N
conditions,provisional and exempt appointments, in-service training, grievances and c
r relationships with employee organizations. a.
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Section 509. Official Bonds. c
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The Council shall fix by resolution the amounts and terms of the official bonds of all officers or 3
employees who are required by the Council to acquire such bonds. All bonds shall be executed w
by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall
be filed with the City Clerk. Premiums on official bonds shall be paid by the City. 00
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There shall be no personal liability upon, or any right to recover against, a superior officer, or
his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior V.-
officer was a party to, or conspired in, such wrongful act or omission.
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ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES
Section 600. General Provisions
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Each board,commission and committee established prior to the adoption of this Charter shall V
continue to exist,exercise the powers and perform the duties assigned to it upon adoption of
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this Charter.However, the Council may alter the structure, membership, powers and duties of 0
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boards, commissions and committees. The Council also may abolish or create particular boards, a
commissions and committees.The Council may grant powers and duties to boards,
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commissions and committees that are consistent with the provisions of this Charter. m
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Proposed San Bernardino Charter (Final) Page 9
Section 601. Appointment, Removal,Terms of Office and Procedural Rules M
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The appointment, removal, and terms of office of boards, commissions, committees and their c
members and the rules and regulations pertaining to the conduct of board, commission or Z
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committee business shall be as prescribed by a vote of the Mayor and entire Council. Members y
of boards, commissions and committees shall be residents of the City,unless exempted by o
ordinance or State law. v
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Section 602. Library a
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A Library Board of Trustees consisting of five (5)members shall be appointed by a vote of the o
Mayor and entire Council to serve as an honorary trust without compensation. The Mayor and
entire Council may remove Trustees in the same manner. The Board shall: L
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a. Be responsible for providing adequate library services; 3
b. Appoint a Library Director; z
c. Administer the Library budget allocated by the Council;
d. Make and enforce all rules and regulations applicable to library services;and
e. Administer such additional matters as may be determined by ordinance. c
Section 603. Water and Wastewater m
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A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire 0
Council. They shall serve six (6) year terms of office, staggered as in the same manner as at the o
time of the adoption of this Charter. Any one or more of these Commissioners may be removed a
by a vote of the Mayor and entire Council. The Board shall have the following powers and r_
responsibilities: •0 0
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a. Be responsible to oversee and manage the City's water supply, recycled water, w
wastewater collection and treatment("Water and Wastewater Systems") functions in
accordance with State law. O0
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b. Employ such persons, including a general manager, as may be needed for proper
administration of the City's Water and Wastewater Systems. co
c. Set and collect all rates, fees and charges for operation of the Water and Wastewater o�
Systems. u;
d. Allocate all receipts and expenditures to separate,independent,Water and Sewer Funds
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in accordance with State law.
e. Provide for an annual, independent audit of all water and wastewater accounts, and
may provide for more frequent audits as it deems necessary. Copies of all auditors'
reports shall be filed with the City Clerk and Council.
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f. Compensate members of the Water Board in accordance with actions of the Water Board U
following public hearing. y
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g. Collaborate with the Council,Mayor and City Manager concerning the City's Water and a
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Wastewater Systems. In this regard, the Council shall take such actions as may be a`
appropriate to enforce rules and regulations of the Board. c
h. Establish and periodically review and revise such rules and regulations as may be E
appropriate for managing the City's Water and Wastewater Systems.
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Proposed San Bernardino Charter (Final) Page 10
Section 604. Personnel Commission
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A Personnel Commission consisting of five (5) members shall be appointed by a vote of the 00
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Mayor and entire Council to serve without compensation. The Mayor and entire Council may m
remove Commissioners in the same manner. The Commission's sole responsibility shall be to
hear appeals of disciplinary action by City employees,subject to the provisions of adopted labor V
agreements. Decisions of the Commission shall be final without further review within the City.
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ARTICLE VII: FINANCIAL MANAGEMENT S
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Section 700. Fiscal Year
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The fiscal year of the City shall begin on the first day of July of each year and end on the last U
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day of June of the following year. The Council may change the fiscal year by ordinance. m
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Section 701. Submission of Budget and Budget Message
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At least sixty(60) days prior to the beginning of each fiscal year, the City Manager shall prepare
and submit to the Mayor and Council the proposed budget and an accompanying message. The c
City Manager's budget message shall explain the budget both in fiscal terms and in terms of the m
work programs, linking those programs to organizational goals and community priorities. It N
shall outline the proposed financial policies of the City for the ensuing fiscal year and the 0
impact of those policies on future years. It shall describe the important features of the budget a
and indicate any major changes from the current year in financial policies,expenditures, and —
revenues, together with the reasons for such changes.It shall summarize the City's debt c
position, including factors affecting the ability to raise resources through debt issues, and N
include other such material as the City Manager deems desirable. H
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Section 702. Budget and Capital Improvement Program
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The budget shall provide a complete financial plan of all City funds and activities for the 11
ensuing fiscal year and,except as required by law or this Charter, shall be in such form as the
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City Manager deems desirable or the Council or Mayor may request for effective management
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and understanding of the relationship between the budget and the City's strategic goals. In
addition, the City Manager shall prepare and submit a multi-year capital improvement plan o
(CIP). The CIP shall be revised and extended each year with regard to capital improvements
still pending or in the process of construction or acquisition. E
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The City's budget and CIP should strive to achieve the best practice standards set by the V
Government Finance Officers Association(GFOA)for distinguished budget presentation. s
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Section 703. Council Action on the Budget and Capital Improvement Plan y
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The Council shall publish a general summary of the budget and CIP and hold one (1) or more o
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public hearings. After the public hearing(s), the Budget and CIP shall be adopted by the Council a
before the beginning of each fiscal year.
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Proposed San Bernardino Charter (Final) Page 11
Section 704. Independent Audit n
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The Council shall provide for an annual independent audit of all City accounts and may o
provide for more frequent audits as it deems necessary.An independent certified public z
accountant or firm of such accountants shall make such audits,which should be performed in
accordance with General Accepted Auditing Standards(GAAS) and Generally Accepted o
Governmental Auditing Standards(GAGAS).Using competitive bidding,the Council shall d
designate such accountant or firm for a period not to exceed five (5)years. n
As soon as practicable after the end of the fiscal year, a final certified audit and report shall be M
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submitted by such accountant to the Mayor,each member of the Council, the City Manager, L
Finance Director and City Attorney.Three (3) additional copies shall be placed on file in the
office of the City Clerk,where they shall be available for inspection by the general public, and v
the audit and report shall be published on the City's website.
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Article VIII: ELECTIONS E
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Section 800. City Elections o
Beginning in November 2018,the regular City election shall be held at the time established by m
State law on the first Tuesday after the first Monday in November, and every two (2)years N
thereafter. City elections shall follow the provisions and procedures of the State Elections Code a
as applicable to general law cities. The Mayor and Council members shall be sworn in and a
begin their term of service upon certification of the election results,and shall serve until their o
successors qualify. r-
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To facilitate the transition of elections from odd to even numbered years,consistent with the
timing of elections for state and federal offices,the terms of the Mayor and each Council o
member in office at the time of the adoption of this Charter shall be extended for one (1)year.
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Section 801. Elective Officers;Terms
The elective officers of the City shall consist of a Mayor and seven Council members. Council `D
members shall continue to be elected for terms of four(4)years,with such terms staggered
between the wards as established by ordinance. Each Council member shall be elected by ward o
by the voters within that ward. The Mayor shall continue to be elected at large for a term of °
four years. c
Section 802. Number of Wards
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There shall be seven (7)wards. v
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Section 803. Adjustment of Ward Boundaries y
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Periodic adjustments to ward boundaries shall be made to maintain each in compact form and o
as nearly equal in population as possible,consistent with applicable State and Federal laws. a
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Proposed San Bernardino Charter (Final) Page 12
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ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL
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Section 900. Initiative,Citizen Referendum and Recall 0
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Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, r
as applicable to general law cities. c
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ARTICLE X: CHARTER AMENDMENTS
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Section 1000. Charter Amendments L
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Amendments to this Charter shall follow the procedures of the State Elections Code, as
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applicable to charter cities. v
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Section 1001. Periodic Review of Charter Z
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By December 2017, the Council shall establish a process to ensure the periodic review of this E
Charter to identify potential amendments that enhance clarity,efficiency, and the principles of °'
the council-manager form of government. 0
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ARTICLE XI: SEVERABILITY o
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Section 1100. Severability a..
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If any provision of this Charter is held invalid, the other provisions of the Charter shall not be r_
affected. If the application of the Charter or any of its provisions to any persons or circumstance 0
is held invalid, the application of the Charter and its provisions to other persons or
circumstances shall not be affected.
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