HomeMy WebLinkAbout02.A- City Clerk DOC ID: 4551
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Public Hearing
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 07/13/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Review Ward(s): All
Subject:
Discussion of Proposed Ballot Item for New Charter to be Placed on the November
2016 Ballot (#4551)
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»
The hearing remains open. . .
Motion: Close the public hearing and continue the matter to August 4, 2016 for
further discussion and possible action.
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: 7/7/2016 by Georgeann "Gigi" Hanna -a
Table of Contents
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PREAMBLE.................................................................................................................................................1 °
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ARTICLE I: NAME,BOUNDARIES,POWERS, RIGHTS AND SUCCESSION, w
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INTERGOVERNMENTAL RELATIONS...............................................................................................1 °
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Section100. Name and Boundaries....................................................................................................1
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Section 101. Powers of the City 1
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Section 102. Interpretation of Powers.................................................................................................1
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Section 103. Rights and Succession.....................................................................................................1
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Section 104. Intergovernmental Relations.........................................................................................2
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ARTICLE I1: FORM OF GOVERNMENT..............................................................................................2 0
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Section 200. Form of Government......................................................................................................2 d
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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 Q,
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Section 302. Powers and Duties of the Council.................................................................................3
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Section 303. Powers and Duties of the Mayor...................................................................................3 0
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Section304. Manners of Action...........................................................................................................4
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Section 305. Compensation;Expenses................................................................................................4 0
Section306. Prohibitions......................................................................................................................4 U)
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Section 307. Vacancies;Filling of Vacancies......................................................................................5
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Section 308. Judge of Qualifications...................................................................................................5
Section 309. Council Organization,Meetings and Rules of Order.................................................5 G
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Section310. Ordinances.......................................................................................................................5 c
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ARTICLE IV: CITY MANAGER.............................................................................................................5 d)
Section 400. City Manager Appointment,Qualifications and Compensation.............................5 v
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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Section 503. Continuation of Departments........................................................................................7
Section504. City Attorney...................................................................................................................7 c
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Section505. City Clerk..........................................................................................................................7
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Section 506. Departmental Administrators;Appointive Powers...................................................7 0
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Section 507. Services.............................................................................................................................8
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Section508. Personnel System.............................................................................................................8 �
Section509. Official Bonds...................................................................................................................8 L
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ARTICLE VI: BOARDS,COMMISSIONS AND COMMITTEES.......................................................8 L
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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 `o
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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 3
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Section 703. Council Action on the Budget and Capital Improvement Plan..............................10 p
Section704. Independent Audit........................................................................................................11
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ArticleVIII: ELECTIONS.......................................................................................................................11
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Section800. City Elections.................................................................................................................11 d6
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 ea
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ARTICLE X: CHARTER AMENDMENTS..........................................................................................12
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Section 1000. Charter Amendments................................................................................................12 a
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Section 1001. Periodic Review of Charter........................................................................................12
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ARTICLE XI: 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 o
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PREAMBLE
We,the people of the City of San Bernardino,in order to secure the benefits of home rule and a
council-manager form of government,hereby adopt this Charter.
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ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, z
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INTERGOVERNMENTAL RELATIONS °
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Section 100. Name and Boundaries
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The City of San Bernardino,hereinafter termed the City,shall continue to be a municipal m
corporation under its present name of"City of San Bernardino." The boundaries of the City
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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
way the general power granted in this article.
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
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.
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
force until they shall have been duly repealed, amended, changed, or superseded by proper 0 CL
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
continue to perform the duties of their respective offices and employments under the same EE
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conditions as those of the existing offices and positions until the election or appointment and M
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
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 a
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. CD
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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 Y
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government. �
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ARTICLE III: CITY COUNCIL AND MAYOR 0
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Section 300. General Powers and Duties o
All powers of the City shall be vested in the City Council("Council"), and to the extent c
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provided in this Charter, the Mayor. The Council shall provide for the exercise and 0
performance of all duties and obligations imposed on the City by State and Federal laws.
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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. o
Section 301. Composition,Eligibility, and Terms
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(a) Composition. The Council shall be composed seven(7) Council members.The term
"Council," "legislative body," or other similar terms as used in this Charter or any other
provisions of law shall be deemed to refer to the collective body composed of the Council
members. �
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(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council
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member or Mayor. Those elected shall have been qualified electors and residents of their �►
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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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10 Section 302. Powers and Duties of the Council �
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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.
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The Council, in collaboration with the Mayor,will develop and implement a Code of Conduct a
to guide and direct their interactions and duties,including measures to hold one another _0
accountable for deviations from the goals and principles set forth in this Charter and the City a
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. s
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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 —°
unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers 00
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 o
exercise veto powers over Council action,but may continue to exercise his or her vote as a a.
Council member. o
Section 303. Powers and Duties of the Mayor u0,
The Mayor shall have the following powers and perform the following duties,in addition to N
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 v
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
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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 y
governor for purposes of military law; 0 CL
(f) Be the chief spokesperson for the City;and 0
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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
delegate such roles to other members of the Council. U
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The Mayor shall have no administrative,appointment or removal powers except as otherwise .n
provided in this Charter.
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The office of Mayor shall be a full-time position and the incumbent shall not engage in any azi
business,professional or occupational activities that interfere with the discharge of the duties of
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
unless: g
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(a) Otherwise specified by State or Federal law;or V
(b) Required by this Charter to be approved by the vote of the Mayor and entire Council.In ci
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 0
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4D 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 o
performance of their duties of office. g
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Section 306. Prohibitions
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(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 La
Council member shall hold any compensated appointive office or employment with the City IT
until one(1)year after the expiration of the term for which he or she was elected.
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(b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes
as established by State law and/or City ordinance. o
(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
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or employee whom the City Manager is empowered to appoint.This does not preclude the
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. c
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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 U
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through the City Manager, and shall not give orders to or attempt to direct the work of such
officers and employees either publicly or privately.Inquiries may be made directly to
officers and employees under the supervision of the City Manager with the knowledge and z0
consent of the City Manager.
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 L)
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
accordance with State law. L
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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
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Section 309. Council Organization, Meetings and Rules of Order o
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The Council shall establish by ordinance the time,place and the method of calling meetings, the 00
rules of order for the conduct of proceedings by the Council, and the order of succession in the
event of a vacancy in the office of Mayor. 00.
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Section 310. Ordinances c
When an action is required by State law or this Charter to be taken by ordinance, the ordinance 00
shall be adopted in accordance with State law. 3
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ARTICLE IV: CITY MANAGER U)
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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 r'
Manager and fix the City Manager's compensation. The City Manager may be removed by the
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Mayor and entire Council in the same manner. The City Manager shall be appointed on the
basis of education and experience in the accepted competencies and practices of local
government management. The Mayor and Council shall establish and communicate clear
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expectations for the City Manager. An evaluation of the City Manager's performance shall be
conducted at least annually. r
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Section 401. Powers and Duties a
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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 a
Q directing City staff,except as otherwise provided in this Charter.
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The City Manager shall: s
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(a) Appoint and suspend or remove all City employees and appoint administrative officers, c
except as otherwise provided by law,this Charter,or established personnel rules.The Z
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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 0
officer's department, office or agency;
(b) Direct and supervise the administration of all departments, offices and agencies of the a
City,except as otherwise provided by this Charter or by law;
(c) Attend all Council meetings.The City Manager shall have the right to take part in the $
discussion but shall not vote;
(d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, s
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
(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 °
and Council and implement the final budget approved by the Council to achieve the m
goals of the City;
(g) Submit to the Mayor and Council and make available to the public a complete report on a
® 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; o
(i) Make recommendations to the Mayor and Council concerning the affairs of the City and o
facilitate the work of the Council in developing policy; y
(j) Provide staff support services for the Mayor and Council members;
(k) Assist the Mayor and Council in developing long-term goals for the City and strategies
to implement these goals;
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(1) Be accountable for the implementation of Council goals and policies and the overall v
performance of the City;
(m)Encourage and provide staff support for regional and intergovernmental cooperation; a,
(n) Promote partnerships among the Mayor, Council, staff, and citizens in developing a,
public policy and building a sense of community;
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(o) Make business and policy recommendations based solely on his or her independent �o
professional judgement and best practices in the interests of the City;and ii
(p) Perform other such duties as are specified in this Charter or may be requested by the a,
Council. M
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ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 0
Section 501. General Provisions 'o
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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.
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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 0
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
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. o
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With the consent of the Council,the City Manager may serve as the executive of one or more d
such departments,offices or agencies. c
The City Manager may appoint one person to serve as the executive of two or more m
departments. N
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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 o
shall continue in the same manner as before the adoption of this Charter,unless and until o
changed by ordinance. 3
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Section 504. City Attorney o
A duly qualified person shall be appointed as City Attorney by a vote of the Mayor and entire
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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
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.
IThe City Clerk shall give notice of Council meetings to its members and the public,keep the
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, z
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subject to the approval of the City Manager and subject to the provisions of the personnel rules M
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 o
community development,finance,fire and emergency medical services,information
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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. a.
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Section 508. Personnel System $
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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 v
competence. The administration of employee matters shall be delegated to a personnel or
human resources department. Z
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Consistent with all applicable Federal and State laws,the Council shall provide for the E
establishment,regulation and maintenance of a merit system and governing personnel rules w
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 0°
not limited to classification and pay plans,examinations,force reduction,removals,working N
conditions,provisional and exempt appointments,in-service training,grievances and o
relationships with employee organizations. a`
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
b a responsible corporate sure shall be approved as to form b the City Attorney, and shall °
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be filed with the City Clerk.Premiums on official bonds shall be paid by the City. LO
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There shall be no personal liability upon,or any right to recover against, a superior officer, or
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his or her bond,for any wrongful act or omission of his or her subordinate,unless such superior
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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
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, Y
commissions and committees that are consistent with the provisions of this Charter.
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Section 601. Appointment,Removal,Terms of Office and Procedural Rules .n
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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 w
of boards, commissions and committees shall be residents of the City,unless exempted by o
ordinance or State law.
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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: s
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a. Be responsible for providing adequate library services; ;
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 aEi
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 c
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 =
responsibilities: 0 y
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a. Be responsible to oversee and manage the City's water supply, recycled water, y
wastewater collection and treatment("Water and Wastewater Systems") functions in
accordance with State law.
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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.
c. Set and collect all rates, fees and charges for operation of the Water and Wastewater a�
Systems. L&
d. Allocate all receipts and expenditures to separate,independent,Water and Sewer Funds p
in accordance with State law. �a
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e. Provide for an annual, independent audit of all water and wastewater accounts, and LL
may provide for more frequent audits as it deems necessary. Copies of all auditors'
reports shall be filed with the City Clerk and Council. cc
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f. Compensate members of the Water Board in accordance with actions of the Water Board U
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following public hearing. y
g. Collaborate with the Council,Mayor and City Manager concerning the City's Water and c
Wastewater Systems. In this regard,the Council shall take such actions as may be a`
appropriate to enforce rules and regulations of the Board.
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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Section 604. Personnel Commission
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A Personnel Commission consisting of five(5)members shall be appointed by a vote of the z
Mayor and entire Council to serve without compensation. The Mayor and entire Council may W
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 °a
agreements.Decisions of the Commission shall be final without further review within the City.
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ARTICLE VII: FINANCIAL MANAGEMENT g
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Section 700. Fiscal Year
The fiscal year of the City shall begin on the first day of July of each year and end on the last U
day of June of the following year.The Council may change the fiscal year by ordinance. Z
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Section 701. Submission of Budget and Budget Message °
E
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 o
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
shall outline the proposed financial policies of the City for the ensuing fiscal year and the a
impact of those policies on future years.It shall describe the important features of the budget °
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and indicate any major changes from the current year in financial policies,expenditures, and o
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. N
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 LO
ensuing fiscal year and,except as required by law or this Charter,shall be in such form as the
City Manager deems desirable or the Council or Mayor may request for effective management C6
and understanding of the relationship between the budget and the City's strategic goals. In 7
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. LL
The City's budget and CIP should strive to achieve the best practice standards set by the
Government Finance Officers Association(GFOA)for distinguished budget presentation. r
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Section 703. Council Action on the Budget and Capital Improvement Plan N
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The Council shall publish a general summary of the budget and CIP and hold one(1)or more c
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
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The Council shall provide for an annual independent audit of all City accounts and may c
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(GRAS)and Generally Accepted o
Governmental Auditing Standards(GAGAS).Using competitive bidding,the Council shall
designate such accountant or firm for a period not to exceed five(5)years.
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As soon as practicable after the end of the fiscal year, a final certified audit and report shall be .0
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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
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the audit and report shall be published on the City's website.
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Article VIII: ELECTIONS E
Section 800. City Elections c
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 y
thereafter. City elections shall follow the provisions and procedures of the State Elections Code 0.
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
0
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 :°-
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
There shall be seven(7)wards. v
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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ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL
Section 900. Initiative,Citizen Referendum and Recall z
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Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code,
as applicable to general law cities. o
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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 L
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. e
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ARTICLE XI: SEVERABILITY c
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Section 1100. Severability a
If any provision of this Charter is held invalid, the other provisions of the Charter shall not be =
affected.If the application of the Charter or any of its provisions to any persons or circumstance y
is held invalid, the application of the Charter and its provisions to other persons or
circumstances shall not be affected.
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Entered/Intro/ Rec. at MCC Mtg. 7 3
r�$£RNaRDHOel by:
Agenda Item No:
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bUk4EN���� City Clerk
INTER OFFICE MEMOR$ 1ftn Bernardino
OFFICE OF THE CITY ATTORNEY
CITY OF BAN BERNARDINO
TO: Mayor and Common Council
FROM: Jolena E. Grider, Chief Assistant City Attorn
DATE: July 11, 2016
RE: Draft Proposed Charter Ballot Measure
IJ
Attached is a memorandum and red-lined version of proposed changes from Kimberly
Hall Barlow, the outside attorney that we retained to provide an analysis on the proposed
Charter as submitted by the Charter Committee. In the memorandum, there are several
policy suggestions for changes on which you may want to focus.
We are seeking direction from the Mayor and Common Council at the meeting on July 13,
2016, for any changes that you as a body would like to make to the draft Charter so that
we can have a final draft for the August 4, 2016 meeting. At the August 4, 2016, meeting
you will be making a decision on whether or not to submit the final draft of the Proposed
Charter for inclusion on the November 2016 ballot for adoption.
THE CITY OF
SAN BERNARDINO
MEMORANDUM
CONFIDENTIAL MEMORANDUM
ATTORNEY-CLIENT PRIVILEGED
ATTORNEY WORK PRODUCT
DATE: June 16,2016
TO: Mayor and Members of the City Council
FROM: Kimberly Hall Barlow, Special Counsel
SUBJECT: Draft Charter
I have been requested to submit an analysis of the draft charter prepared by the San
Bernardino Charter Committee, along with proposed revisions. A blacklined version of the draft
Charter is attached. Most of the proposed changes are addressed in this memorandum.
Article I
Sections 100 through 103 of the draft charter essentially preserve the status quo for the
City of San Bernardino's name, boundaries, and laws, and provide language designed to ensure
that the charter is interpreted broadly in favor of the City's retention of its home rule authority.
Section 104 provides as follows:
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.
This section may be problematic to the extent it could be read to allow the City to
perform any state function (of California or any other state) or purports to allow the City to
delegate any or all of its authority in its entirety to another public entity. California law
enumerates a number of areas for which a City may contract with other public entities, but most
relate to contracting for the provision of"municipal services or functions" or involve issues of
local concern (such as health, education, welfare, public safety, housing, etc.). See, e.g.,
California Constitution article XI, section 8 (charter city's ability to contract with county to
perform municipal functions); California Government Code sections 51300, et seq. (counties
contracting with cities), sections 53700, et seq. (acceptance of federal grants, loans, operation of
programs), sections 54980, et seq. (local agencies with each other), sections 55630, et seq.
(police and fire services between local agencies). However, a city may not delegate or contract
1
away its proper municipal functions. McNeil v. City of South Pasadena, 166 Cal. 153 (1913).
See also, California Government Code section 6500, et seq. (Joint Powers Agreements permitted
between public entities to exercise any power common to all members). Thus, while the
contracting authority of a charter city is broad, it is not unlimited. Perhaps the easiest way to
ensure that the provision is not read to authorize the unlawful assumption of a state power or
delegation of a municipal function, is to qualify the provision by adding"to the maximum extent
permitted by applicable law."
Article II
Section 200 reflects a change in the form of government to a Council/Manager form of
government.
Article III
I have no legal concerns regarding Sections 300, 301(a), 305, 306, 308 or 309, though I
have suggested some minor edits to clarify some of these provisions.
Section 301(b)provides:
Those elected shall have been qualified electors and residents of their respective wards
for a period of at least thirty (30) consecutive days immediately preceding the date of filing their
nomination papers for the office.
Some have expressed a desire that a resident live in a ward more than thirty days before
nomination papers are filed to be eligible for office. General law cities have a period of
residency requirement of 15 days to be considered an eligible elector for most purposes. Cal.
Elections Code § 321(a). The thirty day period of required residency prior to the deadline for
filing of nomination papers, as provided in the draft charter, is the maximum allowed by law.
The California Supreme Court, in Thompson v. Mellon, 9 Cal. 3d 96 (1973), invalidated a
charter provision requiring two year residency for eligibility to hold local office. The Court went
on to hold:
[W]e are of the opinion that where, as in the instant case, a public entity
conditions the right to be a candidate for public office on residence therein, the
entity may constitutionally require that the prospective candidate be a resident at
the time he files his nominating papers or equivalent declaration of candidacy and
for a period of not more than 30 days next preceding such date of filing. We are of
the view that any durational residence requirement in excess of the foregoing is
violative of the equal protection of the laws.
Id. at 106. See also, Johnson v. Hamilton, 15 Cal. 3d 461 (1975) (qualifications set by
charter for holding election office are subject to privileges and immunities clause of U.S.
Constitution; residency requirement greater than 30 days prefiling violates equal
protection).
Section 302 of the draft charter does not present any legal issues, though some of the
language may prove somewhat confusing, and hence could potentially lead to litigation. For
2
example, language reflecting that the Council and. Mayor serve as a single governing body may
be viewed as contradicting the provisions of the draft charter which give the Mayor a vote only
in limited circumstances and provisions allowing the Mayor to veto actions of the Council. The
phrase "as a single governing body" could simply be replaced by the word "together" to convey
the same intent.
Section 303 regarding the Mayor's duties, provides for the Mayor's right to vote under
certain limited circumstances and to veto some, but not all, actions of the Council. In order to
eliminate any ambiguity about whether the Mayor has the right to vote in addition to the City
Council or in place of the City Council, as well as whether the Mayor may vote on certain items
or must vote on certain items, I have suggested the addition of some language reflected in the
attached blackline of the draft charter. This section also provides for the Mayor to have veto
power over City Council decisions which are approved by fewer than five Council Members.,
Also, while subsection (c) provides for the Mayor to vote with the Council for appointment or
removal of commissioners, board members and committee members, subsection (d) gives the
Mayor power to appoint officers and members of Council committees. As worded, the term
Council committee as provided in subsection (d) does not have a clear meaning different from
"committee" as used in subsection (c). Thus, it would be advisable to clarify these sections to
make sure that it is clear which positions are appointed by the Mayor only versus which are
appointed (or removed) by a supermajority vote of the entire Council and Mayor. I have offered
suggested language to make this difference clear. Finally, I have added one more duty to the list
of Mayoral duties, which is to sign ordinances, resolutions and contracts approved by the City
Council except as specifically authorized. This makes clear who has authority to execute such
documents in the absence of specific legislative action otherwise.
Section 304 provides:
Actions of the Council require a simple majority vote of the quorum present for approval
unless:
(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
such cases, five (5) affirmative votes shall be required to take the action.
This provision would thus require that at least five of eight votes must be affirmative to
appoint or remove a City Manager, City Attorney, and City Clerk, to determine the
compensation of any of these officials, as well as for the appointment of members of any city
commission, board or committee. I have several concerns with this section as worded.
Subsection (a) refers to state and federal law. To our knowledge, there are no federal
laws which dictate the vote required for any action of a City Council. Thus, I believe the
reference to federal law could be removed. As to State law, for general law cities, both
ordinances and resolutions require the affirmative vote of at least three members of a five
member legislative body (or four members of a seven member legislative body). Thus, it is
'The Council has the right to override a Mayoral veto by a supermajority vote of at least five council members.
3
unclear if the reference to State law is meant to incorporate these referenced requirements or
whether it is meant to refer only to state law requirements that might apply to charter cities.2
Assuming that the Committee wanted the City's powers to be as broad as possible, I would
recommend the language be changed as reflected in the attached blackline of the draft.
With respect to the requirement for five (5) affirmative votes for certain actions
(including appointment and removal of commission and committee members), this means that
under certain circumstances, the Council would be unable to take certain actions. That is
certainly a policy choice for the Council to make. I have proposed some revised language to
make this subsection clearer.
Section 307. Vacancies; Filling of Vacancies provides:
(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 declare a vacancy for the office of Council member or for the office of
Mayor.
(b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by
ordinance in accordance with State law.
I have suggested a slight addition to section 307(a)because there is at least one basis for
Council Member removal set out in the state constitution (accepting free travel from
transportation companies).
Section 307(b) reflects a change from the current charter,which requires that a vacancy
be filled by election, at such time as the City Council may select. With this language,the City
Council would establish an ordinance to determine how to fill any vacancies. The difficulty with
the current language is that the words "in accordance with State law" create an ambiguity. Was
this phrase intended to suggest that only an ordinance such as specifically provided in State law
be enacted? Or is it simply meant to affirm that state law allows a charter city to adopt its own
procedures for filling vacancies? Because elections are one of the areas where Cities have the
most flexibility, a charter city may probably select its own method and timing for filling
vacancies. State law would allow for appointment for some or all of the remaining term by the
remaining members of the City Council or filling the vacant position by special election. Cal.
Gov't Code § 36512. Under state law, in the absence of an ordinance providing for a specific
methodology,the City Council must act to appoint a replacement or call a special election within
sixty days of the commencement of the vacancy. General law cities may enact an ordinance
regarding vacancies, but if they do so,they must choose one of the options spelled out in section
36512.
So, if the intent was to give the Council the maximum authority to adopt an ordinance
particularly suited to San Bernardino as appears to be reflected in the discussions leading up to
2 For example,a resolution of necessity for eminent domain must be passed by a two-thirds vote of all members of
the governing body of the public entity. Cal.Code of Civ.Proc. § 1245.240. However,a charter city is free to
establish its own procedures and quorum requirements for most resolutions and ordinances.
4
this draft, but not necessarily as set out in California Government Code section 36512, I would
simply strike the phrase"in accordance with State law."
As to Section 308, while I have no real legal issue with this provision,the last part of it,
"and the grounds for forfeiture of their office,"may be unclear and unnecessary. First, section
307(a) seems to establish that grounds for a vacancy will be determined by reference to the
Government Code (and added reference to the California Constitution) and the Council will
determine if these grounds have been met. Thus it is not clear what is meant to be added by the
quoted language. Second,the language as provided in section 308 would seem to suggest that
the Council may determine additional grounds on which Council Members or the Mayor may be
removed from office. If there is a desire to leave the language in, I would suggest the edits
shown in the attached blackline. Otherwise, the quoted language can simply be removed.
Section 310 is also unclear. It requires that if either state law or the charter requires an
action to be taken by ordinance,then the ordinance shall be adopted "in accordance with state
law." So, for example,the draft charter provides in section 305 that council compensation is to
be set by ordinance. State law allows charter cities to establish their own procedures for
enactment of ordinances. Thus, a charter city could adopt a rule that would allow, for example,
ordinances to be passed by a majority of a quorum (i.e.,three of four members). Under state law
applicable to general law cities, ordinances must be passed with a"recorded majority vote of the
total membership of the City Council." Cal. Gov't Code § 36396. In addition, ordinances
(except urgency ordinances) must have at least five days between introduction and adoption, and
cannot be passed at a special meeting. Cal. Gov't Code § 36934. So,the question is whether the
Committee wants the charter to provide the city with power to adopt ordinances under its own
rules or whether the intent was to have ordinances required to be introduced and adopted as
provided in the Government Code and approved by a majority of the entire membership of the
Council.
Article IV
I have suggested the addition of some cross-reference language in section 400 to clear up
any confusion about the meaning of the phase"the vote of the Mayor and the entire Council."
This change is made in several other places as noted in the blackline revision and this
memorandum. An alternative way of handling this clarification is to insert language into section
304(b) making clear what this phrase means.
I have no legal concerns about section 401,but have suggested one slight addition to
subsection(p)to maximize Council's authority to establish duties for the City Manager.
Article V
Section 501 appears to be modeled upon the National Civic League Model City Charter,
section 401, except for one very important difference. The draft charter allows the City Manager
to "establish City departments, offices, or agencies in addition to those created by this
Charter...." The National Civic League Model City Charter vests this authority with the city
council. It is unusual for a charter to allow the City Manager to establish departments, offices or
agencies (as opposed to positions). Part of the reason for this is that creation of new
departments, offices or agencies typically involve either major restructuring or at least budgetary
decisions. In most general law cities and charter cities, the City Manager could recommend
5
creation of new departments, offices or agencies, but the final decision on those
recommendations would typically be made by the City Council. This idea is expressed in draft
section 507, which allows for the provision of"such other services as the Council deems
appropriate." This is a policy decision, but the City Council may want to consider the difficulties
inherent in authorizing the City Manager to make these decisions without also giving the City
Manager corresponding authority to allocate funds or do structural reorganization to implement
such changes. In addition, if this is truly meant to be part of the City Manager's authority, it
really should be included in Article IV, section 401. Another option would be to add the words
"subject to approval of the City Council"to qualify the first part of this section. Thus, if so
modified, it would read:
The City Manager may establish City departments, offices, or agencies in
addition to those created by this Charter, subject to approval of the City
Council, and may prescribe the functions of all departments, offices and
agencies to meet the needs of the community in the most effective and
efficient manner.
I have no issues with section 502.
Regarding section 503, I have added suggested language to give the Council more
flexibility in the manner of approving structural or organizational changes to the existing City
departments. It is not uncommon for such changes to be made through resolutions regarding
creation and description of budgeted positions.
In sections 504 and 505, I have made the same clarifying change as is proposed for
section 400. In addition, I have revised the language to eliminate passive voice, and to eliminate
any ambiguity about what a"person" is. While many state statutes define person to include
partnerships, corporations and other entities,there is no universal legal definition of"person" in
California statutes. Revising the language as suggested eliminates any confusion about whether
the City may contract for these services. I have no concerns regarding sections 506, 507, 508
and 509.
Article VI
Section 600 requires only a slight change to clarify that the right to abolish commissions
does not apply to the commissions and boards established in the Charter itself. For section 601, I
have made the same change as in section 400. I have also qualified the language so that it is
clear that the Council cannot change the term of members of a Board or Commission which is
itself established or determined in the Charter. Sections 602 now includes the same change as in
section 400. I have also struck the words "as an honorary trust" as they appear to be
unnecessary.
Along with revising the section to include the change referencing section 304(b), I have
made some grammatical changes. Section 603(03 allows members of the Water Board to set its
own compensation. This is atypical. Compensation for Boards and Commissions are usually set
by the City Council. Section 604 now includes the same change as in section 400.
s Note that I have changed the lettering format of sections 602 and 603 to match the formatting of the earlier
sections.
6
Article VII
Section 700 through 702 are fine. Section 703 should probably be clarified slightly.
Some might argue that the current language requires the budget and CIP to be adopted without
change or as submitted. It should be made explicit that Council may make changes following the
public hearing before adoption. I have suggested language to include. Section 704 requires no
change.
Articles VIII—XI
I see no need to make changes to the provisions of Articles VIII through XI, except as
noted in the attached blackline for clarity or consistency.
Please let me know if you have any questions.
7
Table of Contents
PREAMBLE 1
ARTICLE I: NAME,BOUNDARIES,POWERS,RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS 1
Section 100. Name and Boundaries....................................................................................................I
Section 101. Powers of the City...........................................................................................................1
Section 102. Interpretation of Powers.................................................................................................1
Section 103. Rights and Succession.....................................................................................................I
Section 104. Intergovernmental Relations.........................................................................................2
ARTICLE II: FORM OF GOVERNMENT 2
Section 200. Form of Government......................................................................................................2
ARTICLE III: CITY COUNCIL AND MAYOR 2
Section 300. General Powers and Duties...........................................................................................2
Section 301. Composition,Eligibility,and Terms.............................................................................2
Section 302. Powers and Duties of the Council.................................................................................3
Section 303. Powers and Duties of the Mayor...................................................................................3
Section 304. Manners of Action...........................................................................................................4
Section 305. Compensation;Expenses................................................................................................4
Section306. Prohibitions......................................................................................................................4
Section 307. Vacancies;Filling of Vacancies......................................................................................5
Section 308. Judge of Qualifications...................................................................................................5
Section 309. Council Organization,Meetings and Rules of Order.................................................5
Section310. Ordinances.......................................................................................................................5
ARTICLE IV: CITY MANAGER 5
Section 400. City Manager Appointment,Qualifications and Compensation.............................5
Section 401. Powers and Duties.........................................................................................................£r5
ARTICLE V: DEPARTMENTS,SERVICES,OFFICERS AND EMPLOYEES 7
Section 501. General Provisions..........................................................................................................7
Section 502. Direction by City Manager.............................................................................................7
Section 503. Continuation of Departments........................................................................................7
Proposed San Bernardino Charter(Final) Page 2
Section504. City Attorney...................................................................................................................7
Section505. City Clerk..........................................................................................................................7
Section 506. Departmental Administrators;Appointive Powers.................................................87
Section507. Services.............................................................................................................................8
Section508. Personnel System.............................................................................................................8
Section509. Official Bonds...................................................................................................................8
ARTICLE VI: BOARDS,COMMISSIONS AND COMMITTEES 8
Section 600. General Provisions..........................................................................................................8
Section 601. Appointment,Removal,Terms of Office and Procedural Rules............................9$
Section602. Library...............................................................................................................................9
Section 603. Water and Wastewater...................................................................................................9
Section 604. Personnel Commission.................................................................................................10
ARTICLE VII: FINANCIAL MANAGEMENT 10
Section700. Fiscal Year.......................................................................................................................10
Section 701. Submission of Budget and Budget Message..............................................................10
Section 702. Budget and Capital Improvement Program..............................................................10
Section 703. Council Action on the Budget and Capital Improvement Plan..........................1138
Section 704. Independent Audit........................................................................................................11
Article VIII: ELECTIONS 11
Section800. City Elections.................................................................................................................11
Section 801. Elective Officers;Terms................................................................................................11
Section802. Number of Wards......................................................................................................1244
ARTICLE IX:INITIATIVE,CITIZEN REFERENDUM AND RECALL 12
Section 900. Initiative,Citizen Referendum and Recall.................................................................12
ARTICLE X: CHARTER AMENDMENTS 12
Section 1000. Charter Amendments................................................................................................12
Section 1001. Periodic Review of Charter........................................................................................12
ARTICLE XI: SEVERABILTTY 12
Section1100. Severability.:.................................................................................................................12
PROPOSED CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
PREAMBLE
We,the people of the City of San Bernardino,in order to secure the benefits of home rule and a
council-manager form of government,hereby adopt this Charter.
ARTICLE I: NAME,BOUNDARIES,POWERS,RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS
Section 100. Name and Boundaries
The City of San Bernardino,hereinafter termed the City,shall continue to be a municipal
corporation under its present name of"City of San Bernardino." The boundaries of the City
shall be as now established until changed in the manner authorized by law.
Section 101. Powers of the City
The City shall have all powers possible for a 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.
Section 102. Interpretation of Power;
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
way the general power granted in this article.
Section 103. Rights and Succession
The City shall continue to own,possess and control all rights and property of every kind and
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.
All ordinances,codes,resolutions,rules,regulations,and portions thereof,in force at the time
this Charter takes effect,and not in conflict or inconsistent with this Charter,shall continue in
force until they shall have been duly repealed,amended,changed,or superseded by proper
authority as provided by this Charter.
Subject to the provisions of this Charter,the present officers and employees of the City shall
continue to perform the duties of their respective offices and employments under the same
Proposed San Bernardino Charter(Final) Page 2
conditions as those of the existing offices and positions until the election or appointment and
qualification of their successors,subject to such removal and control as provided in this Charter.
No action or proceeding,civil or criminal,pending at the time this Charter takes effect,brought
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.
Section 104. Intergovernmental Relations
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.to the maximum extent permitted by
applicable law.
ARTICLE II: FORM OF GOVERNMENT
Section 200. Form of Government
The municipal government established by this Charter is the council-manager form of
government.
ARTICLE III: CITY COUNCIL AND MAYOR
Section 300. General Powers and Duties
All powers of the City shall be vested in the City Council("Council"),and to the extent
provided in this Charter,the Mayor. The Council shall provide for the exercise and
performance of all duties and obligations imposed on the City by State and Federal laws.
Except as otherwise required by law,the role of the Council is legislative,which includes the
power to set policy,approve contracts and agreements,and undertake other obligations
consistent with this Charter and the City's Municipal Code,while deferring to the discretion of
management to choose the appropriate means to achieve the Council's goals.
Section 301. Composition,Eligibility,and Terms
(a) Composition. The Council shall be composed c'4 seven(7)Council members.The term
"Council,""legislative body,"or other similar terms as used in this Charter or any other
provisions of law shall be deemed to refer to the collective body composed of the Council
members.
(b)Eligibility. Only registered voters of the City shall be eligible to hold the office of Council
member or Mayor. Those elected shall have been qualified electors and residents of their
respective wards for a period of at least thirty(30)consecutive days immediately preceding
the date of filing their nomination papers for the office.
Proposed San Bernardino Charter(Final) Page 3
Section 302. Powers and Duties of the Council Formatted:Font:sold 1
The Council,in collaboration with the Mayor,shall ensure fundamental municipal services are
provided to protect and promote public health,safety,and welfare.The Council and Mayor
shall operate �ry��to serve the best interests of the City.
The Council,in collaborat[[yyon 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
Code of Conduct.
The Council,in collaboration with the Mayor,shall create and implement a plan to maintain the
City s fiscal integrity.
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.
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
unable to perform the duties of his or her office,the Mayor Pro Tempore shall have all powers
and authority that the Mayor would have possessed if present to perform his or her duties.
However,the Mayor Pro Tempore may not cast an additional vote in the event of a tie or
exercise veto powers over Council action,but may continue to exercise his or her vote as a
Council member.
Section 303. Powers and Duties of the!Mayor
The Mayor shall have the following powers and perform the following duties,in addition to
others as specified in this Charter:
(a) Attend and preside at meetings of the Council and may participate fully in all
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;
(c) I-iave tho authontv4oShall varticipate in the 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,commissions or committees,except committees inade up
wholly of.less than a majority of City Council members;
(d)Appoint the members and officers of Council committees, omnuttees made up wholly
of less than a majority o�f City Council members),and perform other duties as specified
by the Council;
(e) Be recognized as the head of the City government for all ceremonial purposes and by the
governor for purposes of military law;
(f) Be the chief spokesperson for the City;and
Proposed San Bernardino Charter(Final) Page 4
Represent the City in intergovernmental relations and establish and maintain
partnerships and regional leadership roles to advance the City's interest;and may
delegate such roles to other members of the Council a�std
{f}(11) Execute all ordinances,resolutions and contracts approved by th_e City Council
exceLit as otherwise autborized by the City Council.
The Mayor shall have no administrative,appointment or removal powers except as otherwise
provided in this Charter.
The office of Mayor shall be a full-time position and the incumbent shall not engage in any
business,professional or occupational activities that interfere with the discharge of the duties of
the office.
Section 304. Manners of Action
Actions of the Council require a simple majority vote of the quorum present for approval
unless:
(a) Otherwise reow lz)for cl urk!r.citkS Under Specified by State or Federal law;or
(b) Required by this Charter to be approved by the vok,ef-at least five affirmative votes of
the Mayor and members of the e eCouncil.in,.ueh eases,five,-, ,ffirEn tiy votes
shall be feqiair-ed to take the aE401q-
Section 305. Compensation;Expenses
Compensation for the Mayor and Council members shall be established by ordinance following
a public hearing,giving due consideration to the recommendations of an advisory commission
charged with the periodic review of compensation for City-elected officials.Compensation for
the Mayor shall be commensurate with that for a full-time position.
No ordinance increasing such salaries shall become effective until the date of commencement of
the terms of Council members elected at the next regular election.The Mayor and Council
members shall receive reimbursement for actual and necessary expenses incurred in the
performance of their duties of office.
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
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
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
Mayor or members of the Council from expressing their views and fully and freely
Proposed San Bernardino Charter(Final) Page 5
discussing with the City Manager anything pertaining to the appointment and removal of
such officers and employees.
(d) Interference with Administration. Neither the Mayor nor any Council member shall
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
employees who are subject to the direction and supervision of the City Manager solely
through the City Manager,and shall not give orders to or attempt to direct the work of such
officers and employees either publicly or privately.Inquiries may be made directly to
officers and employees under the supervision of the City Manager with the knowledge and
consent of the City Manager.
Section 307. Vacancies,Filling of Vacancies
(a) Vacancies.If the Council determines any of the events enumerated in provisions of the
Government Code or California_Constitution pertaining to vacancies in public offices have
occurred,the Council shall declare a vacancy for the office of Council member or for the
office of Mayor.
(b)Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance iw
Section 308. Judge of Qualifications
The Council shall be the judge of the election and qualifications of its members and whether'
grounds e.xJ'-J-for forfeiture of their office.
Section 309. Council Organization,Meetings and Rules of Order
The Council shall establish by ordinance the time,place and the method of calling meetings,the
rules of order for the conduct of proceedings by the Council,and the order of succession in the
event of a vacancy in the office of Mayor.
Section 310. Ordinances
When an action is required by State law or this Charter to be taken by ordinance,the ordinance
shall be adopted in accordance with State law.
ARTICLE IV: CITY MANAGER
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,as provided in section 304(b)of this Charter.
The City Manager may be removed by the Mayor and entire Council in the same manner. The
City Manager shall be appointed on the basis of education and experience in the accepted
competencies and practices of local government management.The Mayor and Council shall
Proposed San Bernardino Charter(Final) Page 6
establish and communicate clear expectations for the City Manager. An evaluation of the City
Manager's performance shall be conducted at least annually.
Section 401. Powers and Duties
The City Manager shall be the chief executive officer of the City,responsible to the Council for
the management of all City affairs placed in the City Manager's charge by or under this Charter.
The City Manager will be the sole authority for managing City operations and appointing and
directing City staff,except as otherwise provided in this Charter.
The City Manager shall:
(a) Appoint and suspend or remove all City employees and appoint administrative officers,
except as otherwise provided by law,this Charter,or established personnel rules.The
City Manager may authorize any administrative officer subject to the City Manager's
direction and supervision to exercise these powers with respect to subordinates in that
officer's department,office or agency;
(b) Direct and supervise the administration of all departments,offices and agencies of the
City,except as otherwise provided by this Charter or by law;
(c) Attend all Council meetings.The City Manager shall have the right to take part in the
discussion but shall not vote;
(d) Ensure the Mayor and Council are informed on all aspects of important emerging issues,
including the City's financial condition and future needs,and as part of that
responsibility,brief the Mayor and Council at their meetings on the business matters
before them;
(e) See that all laws,provisions of this Charter,and acts of the Council are faithfully
executed;
(f) Prepare and submit the annual budget and capital improvement program to the Mayor
and Council and implement the final budget approved by the Council to achieve the
goals of the City;
(g) Submit to the Mayor and Council and make available to the public a complete report on
the finances and administrative activities of the City as of the end of each fiscal year;
(h) Make such other reports as the Mayor or Council may request regarding operations;
(i) Make recommendations to the Mayor and Council concerning the affairs of the City and
facilitate the work of the Council in developing policy;
(j) Provide staff support services for the Mayor and Council members;
(k) Assist the Mayor and Council in developing long-term goals for the City and strategies
to implement these goals;
(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
professional judgement and best practices in the interests of the City;and
Proposed San Bernardino Charter'(Final) Page 7
(p) Perform other such duties as are specified in this Charter by ordinance.or as may be
requested by the Council.
......................_--------------
-
ARTICLE V: DEPARTMENTS,SERVICES,OFFICERS AND EMPLOYEES ".Formatted:Font:13 pt,sold 1
Section 501. General Provisions
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
to meet the needs of the community in the most effective and efficient manner.
Section 502. Direction by City Manager
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
Board,which shall be administered by their respective executive officers as provided for
elsewhere in this Charter but which shall in all other respects be governed by the policies
applicable to all other departments,offices and agencies.
With the consent of the Council,the City Manager may serve as the executive of one or more
such departments,offices or agencies.
The City Manager may appoint one person to serve as the executive of two or more
departments.
Section 503. Continuation of Departments
All departments,agencies,offices,and services in existence at the time this Charter is adopted
shall continue in the same manner as before the adoption of this Charter,unless and until
changed by ordinance or other action approved by,the it;-Council.
Section 504. City Attorney
A duly qualified be,appoinied as ity Attorney shall be appointed by a vote of the
Mayor and entire Council as provided in section 304(b)of this Charter. 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 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.
Section 505. City Clerk
A duly qualified ity Clerk shall be appointed by a vote of the
Mayor and entire Council as provided in section 304(_b)of this Charter.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 journal of its proceedings,and shall
perform any other duties prescribed by State law,this Charter or by ordinance.
Proposed San Bernardino Charter(Final) Page 8
Section 506. Departmental Administrators;Appointive Powers
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,
subject to the approval of the City Manager and subject to the provisions of the personnel rules
and regulations adopted by the Council.
Section 507. Services
The City shall provide for a municipal police department. The City also shall provide for
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
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.The administration of employee matters shall be delegated to a personnel or
human resources department.
Consistent with all applicable Federal and State laws,the Council shall provide for the
establishment,regulation and maintenance of a merit system and governing personnel rules
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
not limited to classification and pay plans,examinations,force reduction,removals,working
conditions,provisional and exempt appointments,in-service training,grievances and
relationships with employee organizations.
Section 509. Official Bonds.
The Council shall fix by resolution the amounts and terms of the official bonds of all officers or
employees who are required by the Council to acquire such bonds.All bonds shall be executed
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.
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
officer was a party to,or conspired in,such wrongful act or omission.
ARTICLE VI: BOARDS,COMMISSIONS AND COMMITTEES
Section 600. General Provisions
Each board,commission and committee established prior to the adoption of this Charter shall
continue to exist,exercise the powers and perform the duties assigned to it upon adoption of
this Charter.However,the Council may alter the structure,membership,powers and duties of
Proposed Sari Bernardino Charter(Final) Page 9
boards,commissions and committees The Council also may abolish or create particular boards,
commissions and committees.provided that the Council may not abolish the Commissions or
Boards specificalhv provided for in this Cb trter.The Council may grant powers and duties to
boards,commissions and committees that are consistent with the provisions of this Charter.
Section 601. Appointment,Removal,Terms of Office and Procedural Rules
Except as provided elsewhere in this Charter.TA appointment,removal,and terms of office of
boards,commissions,committees and their members and the rules and regulations pertaining
to the conduct of board,commission or committee business shall be as prescribed by a vote of
the Mayor and entire Council;as provided in section.304(b)of this Charter.Members of boards,
commissions and committees shall be residents of the City,unless exempted by ordinance or
State law.
Section 602. Library
a.---------A Library Board of Trustees consisting of five(5)members shall be appointed by a vote + Formatted:Normal, No bullets or numberlrmg
_r
of the Mayor and entire Council,as provided in section 304(b)to serve as an honor-af,:y trt+4.
without compensation.The Mayor and entire Council may remove Trustees in the same
manner. The Board shall:
.
+_. ......_................................._....._._........_.._._.........................................................._.............._............_.
lb.- (a)Be responsible for providing adequate library services; Formatted:Normal, No bullets or numbering
r•: ........._....(b)_Appoint a Library Director;
..........................._...................._.._.................................._.......................................................
................._....i
d- (c),,Administer the Library budget allocated by the Council; Formatted:Normal,Indent:Left: 0.25', No bullets or ;
e- jdhMake and enforce all rules and regulations applicable to library services;and numbering .
(e)Administer such additional matters as may be determined by ordinance. -- Formatted:Normal,
. No bullets or numbed
.................._............_........
T. 1
Section 603. Water and Wastewater
A Water Board of five(5)Commissioners shall be appointed by a vote of the Mayor and entire
Council,as pro,,ided.in section 304(b). Commissioners 4. � shall serve terms of six(6)years
eachk-F ,staggered*.,,-in the same manner as at the time of the adoption of this
Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and
entire Council. The Board shall have the following powers and responsibilities:
a,. (ij),Be responsible to oversee and manage the City's water supply,recycled water, Formatted:Normal,Indent:Left: 0.31",Hanging: 0.19+,
wastewater collection and treatment("Water and Wastewater Systems")functions in i,Space After: 0 pt, No bullets or numbering
accordance with State law.
b: (b)Employ such persons,including a general manager,as may be needed for proper
administration of the City's Water and Wastewater Systems.
F jL Set and collect all rates,fees and charges for operation of the Water and Wastewater
Systems.
............. _...............................
(di Allocate all receipts and expenditures to separate,independent,Water and Sewer•- Formatted:Normal,Indent:First line: 0.06°,space Aft er:
Funds 0 pt, No bullets or numbering
..............._.........._........_.................._.... ..................................._.............._.........................._1
d- in accordance with State law. - Formatted:Normal,Indent:Left: 0.31',Hanging: 0.56",
Space After: 0 pt, No bullets or numbering j
Proposed San Bernardino Charter(Final) Page 10
e {el 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.
# {j_Compensate members of the Water Board in accordance with actions of the Water
Board_.._following public hearing.
f >i Collaborate with the Council,Mayor and City Manager concerning the City's Water
and Wastewater Systems. In this regard,the Council shall take such actions as may be
appropriate to enforce rules and regulations of the Board.
lj- JUi Establish and periodically review and revise such rules and regulations as may be
appropriate for managing the City's Water and Wastewater Systems.
Section 604. Personnel Commission
A Personnel Commission consisting of five(5)members shall be appointed by a vote of the
Mayor and entire Council,_as„Provid;d,_fnr,i--sectic�n_3t) .(1?.j.of thic_{h irtz_r to serve without
compensation.The Mayor and entire Council may 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 agreements.Decisions of the Commission
shall be final without further review within the City.
ARTICLE VII: FINANCIAL MANAGEMENT
Section 700. Fiscal Year
The fiscal year of the City shall begin on the first day of July of each year and end on the last
day of June of the following year.The Council may change the fiscal year by ordinance.
Section 701. Submission of Budget and Budget Message
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
City Manager's budget message shall explain the budget both in fiscal terms and in terms of the
work programs,linking those programs to organizational goals and community priorities.It
shall outline the proposed financial policies of the City for the ensuing fiscal year and the
impact of those policies on future years.It shall describe the important features of the budget
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
position,including factors affecting the ability to raise resources through debt issues,and
include other such material as the City Manager deems desirable.
Section 702. Budget and Capital Improvement Program
The budget shall provide a complete financial plan of all City funds and activities for the
ensuing fiscal year and,except as required by law or this Charter,shall be in such form as the
City Manager deems desirable or the Council or Mayor may request for effective management
I
Proposed San Bernardino Charter(Final) Page 11
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
(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.
The City's budget and CIP should strive to achieve the best practice standards set by the
Government Finance Officers Association(GFOA)for distinguished budget presentation.
Section 703. Council Action on the Budget and Capital Improvement Plan
The Council shall publish a general summary of the budget and CIP and hold one(1)or more
public hearings.After the public hearing(s),the Budget and CIP shall be adopted,as they may
be amended,by the Council before the beginning of each fiscal year.
The Council shall provide for an annual independent audit of all City accounts and may
provide for more frequent audits as it deems necessary.An independent certified public
accountant or firm of such accountants shall make such audits,which should be performed in
accordance with General Accepted Auditing Standards(GARS)and Generally Accepted
Governmental Auditing Standards(GAGAS).Using competitive bidding,the Council shall
designate such accountant or firm for a period not to exceed five(5)years.
As soon as practicable after the end of the fiscal year,a final certified audit and report shall be
submitted by such accountant to the Mayor,each member of the Council,the City Manager,
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
the audit and report shall be published on the City's website.
Article VIII: ELECTIONS
Section 800. City Elections
Beginning in November 2018,the regular City election shall be held at the time established by
State law on the first Tuesday after the first Monday in November,and every two(2)years
thereafter.City elections shall follow the provisions and procedures of the State Elections Code
as applicable to general law cities.The Mayor and Council members shall be sworn in and
begin their term of service upon certification of the election results,and shall serve until their
successors qualify.
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
member in office at the time of the adoption of this Charter shall be extended for one(1)year.
Section 801. Elective Officers,Terms
The elective officers of the City shall consist of a Mayor and seven Council members.Council
members shall continue to be elected for terms of four(4)years,with such terms staggered
Proposed San Bernardino Charter(Final) Page 12
between the wards as established by ordinance.Each Council member shall be elected by ward
by the voters within that ward. The Mayor shall continue to be elected at large for a term of
four L4Lyears.
Section 802. Number of Wards
There shall be seven(7)wards.
Section 803. Adjustment of Ward Boundaries
Periodic adjustments to ward boundaries shall be made to maintain each in compact form and
as nearly equal in population as possible,consistent with applicable State and Federal laws.
Section 900. Initiative,Citizen Referendum and Recall
Initiatives,citizen referenda,and recalls shall follow the procedures of the State Elections Code,
as applicable to general law cities.
ARTICLE X: CHARTER AMENDMENTS
Section 1000. Charter Amendments
Amendments to this Charter shall be made in accordance syith foliow the procedures of the
State Elections Code,as applicable to charter cities.
Section 1001. Periodic Review of Charter
By December 2017,the Council shall establish a process to ensure the periodic review of this
Charter to identify potential amendments that enhance clarity,efficiency,and the principles of
the council-manager form of government.
ARTICLE XI: SEVERABILITY
Section 1100. Severability
If any provision of this Charter is held invalid,the other provisions of the Charter shall not be
affected.If the application of the Charter or any of its provisions to any persons or circumstance
is held invalid,the application of the Charter and its provisions to other persons or
circumstances shall not be affected.
Table of Contents
PREAMBLE 1
ARTICLE I: NAME,BOUNDARIES,POWERS, RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS 1
Section 100. Name and Boundaries....................................................................................................1
Section101. Powers of the City...........................................................................................................1
Section 102. Interpretation of Powers.................................................................................................1
Section 103. Rights and Succession.....................................................................................................1
Section 104. Intergovernmental Relations.........................................................................................2
ARTICLE II: FORM OF GOVERNMENT 2
Section 200. Form of Government......................................................................................................2
ARTICLE III: CITY COUNCIL AND MAYOR 2
Section 300. General Powers and Duties ...........................................................................................2
Section 301, Composition, Eligibility, and Terms.............................................................................2
Section 302. Powers and Duties of the Council.................................................................................3
Section 303. Powers and Duties of the Mayor...................................................................................3
Section304. Manners of Action...........................................................................................................4
Section 305. Compensation; Expenses................................................................................................4
Section306. Prohibitions......................................................................................................................4
Section 307. Vacancies; Filling of Vacancies......................................................................................5
Section 308. Judge of Qualifications...................................................................................................5
Section 309. Council Organization, Meetings and Rules of Order.................................................5
Section310. Ordinances .......................................................................................................................5
ARTICLE IV: CITY MANAGER 5
Section 400. City Manager Appointment, Qualifications and Compensation.............................5
Section401. Powers and Duties ..........................................................................................................6
ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7
Section 501. General Provisions..........................................................................................................7
Section 502. Direction by City Manager.............................................................................................7
Section 503. Continuation of Departments........................................................................................7
Proposed San Bernardino Charter (Final) Page 2
Section504. City Attorney...................................................................................................................7
Section505. City Clerk..........................................................................................................................7
Section 506. Departmental Administrators;Appointive Powers...................................................8
Section507. Services .............................................................................................................................8
Section508. Personnel System.............................................................................................................8
Section509. Official Bonds...................................................................................................................8
ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 8
Section 600. General Provisions..........................................................................................................8
Section 601. Appointment, Removal, Terms of Office and Procedural Rules..............................9
Section602. Library...............................................................................................................................9
Section 603. Water and Wastewater...................................................................................................9
Section 604. Personnel Commission.................................................................................................10
ARTICLE VII: FINANCIAL MANAGEMENT 10
Section700. Fiscal Year.......................................................................................................................10
Section 701. Submission of Budget and Budget Message..............................................................10
Section 702. Budget and Capital Improvement Program..............................................................10
Section 703. Council Action on the Budget and Capital Improvement Plan..............................11
Section704. Independent Audit........................................................................................................11
Article VIII: ELECTIONS 11
Section800. City Elections.................................................................................................................11
Section 801. Elective Officers;Terms................................................................................................11
Section802. Number of Wards..........................................................................................................12
ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12
Section 900. Initiative, Citizen Referendum and Recall.................................................................12
ARTICLE X: CHARTER AMENDMENTS 12
Section 1000. Charter Amendments................................................................................................12
Section 1001. Periodic Review of Charter........................................................................................12
ARTICLE XI: SEVERABILITY 12
Section1100. Severability...................................................................................................................12
PROPOSED CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
PREAMBLE
We,the people of the City of San Bernardino, in order to secure the benefits of home rule and a
council-manager form of government,hereby adopt this Charter.
ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS
Section 100. Name and Boundaries
The City of San Bernardino,hereinafter termed the City, shall continue to be a municipal
corporation under its present name of"City of San Bernardino." The boundaries of the City
shall be as now established until changed in the manner authorized by law.
Section 101. Powers of the City
The City shall have all powers possible for a 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.
Section 102. Interpretation of Powers
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
way the general power granted in this article.
Section 103. Rights and Succession
The City shall continue to own, possess and control all rights and property of every kind and
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.
All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time
this Charter takes effect, and not in conflict or inconsistent with this Charter,shall continue in
force until they shall have been duly repealed, amended, changed, or superseded by proper
authority as provided by this Charter.
I Subject to the provisions of this Charter, the present officers and employees of the City shall
continue to perform the duties of their respective offices and employments under the same
I
Proposed San Bernardino Charter (Final) Page 2
conditions as those of the existing offices and positions until the election or appointment and
qualification of their successors, subject to such removal and control as provided in this Charter.
No action or proceeding,civil or criminal,pending at the time this Charter takes effect,brought
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.
Section 104. Intergovernmental Relations
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, to the maximum extent permitted by
applicable law.
ARTICLE II: FORM OF GOVERNMENT
Section 200. Form of Government
The municipal government established by this Charter is the council-manager form of
government.
ARTICLE III: CITY COUNCIL AND MAYOR
Section 300. General Powers and Duties
All powers of the City shall be vested in the City Council("Council"), and to the extent
provided in this Charter,the Mayor. The Council shall provide for the exercise and
performance of all duties and obligations imposed on the City by State and Federal laws.
Except as otherwise required by law, the role of the Council is legislative,which includes the
power to set policy, approve contracts and agreements, and undertake other obligations
consistent with this Charter and the City's Municipal Code,while deferring to the discretion of
management to choose the appropriate means to achieve the Council's goals.
Section 301. Composition, Eligibility,and Terms
(a) Composition. The Council shall be composed of seven(7) Council members. The term
"Council," "legislative body," or other similar terms as used in this Charter or any other
provisions of law shall be deemed to refer to the collective body composed of the Council
members.
(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council
member or Mayor. Those elected shall have been qualified electors and residents of their
respective wards for a period of at least thirty (30)consecutive days immediately preceding
the date of filing their nomination papers for the office.
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Section 302. Powers and Duties of the Council
The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are
provided to protect and promote public health, safety, and welfare. The Council and Mayor
shall operate as a single governing body to serve the best interests of the City.
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
Code of Conduct.
The Council,in collaboration with the Mayor, shall create and implement a plan to maintain the
City's fiscal integrity.
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.
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
unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers
and authority that the Mayor would have possessed if present to perform his or her duties.
However,the Mayor Pro Tempore may not cast an additional vote in the event of a tie or
exercise veto powers over Council action,but may continue to exercise his or her vote as a
Council member.
Section 303. Powers and Duties of the Mayor
The Mayor shall have the following powers and perform the following duties,in addition to
others as specified in this Charter:
(a) Attend and preside at meetings of the Council and may participate fully in all
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;
(c) Shall participate in the 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,commissions or committees,except committees made up wholly of less than a
majority of City Council members;
(d) Appoint the members and officers of Council committees (committees made up wholly
of less than a majority of City Council members), and perform other duties as specified
by the Council;
(e) Be recognized as the head of the City government for all ceremonial purposes and by the
governor for purposes of military law;
(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
delegate such roles to other members of the Council;and
(h) Execute all ordinances, resolutions and contracts approved by the City Council except as
otherwise authorized by the City Council.
The Mayor shall have no administrative, appointment or removal powers except as otherwise
provided in this Charter.
The office of Mayor shall be a full-time position and the incumbent shall not engage in any
business,professional or occupational activities that interfere with the discharge of the duties of
the office.
Section 304. Manners of Action
Actions of the Council require a simple majority vote of the quorum present for approval
unless:
(a) Otherwise required for charter cities under State or Federal law;or
(b) Required by this Charter to be approved by at least five affirmative votes of the Mayor
and members of the Council.
Section 305. Compensation;Expenses
Compensation for the Mayor and Council members shall be established by ordinance following
a public hearing, giving due consideration to the recommendations of an advisory commission
charged with the periodic review of compensation for City-elected officials. Compensation for
the Mayor shall be commensurate with that for a full-time position.
No ordinance increasing such salaries shall become effective until the date of commencement of
the terms of Council members elected at the next regular election. The Mayor and Council
members shall receive reimbursement for actual and necessary expenses incurred in the
performance of their duties of office.
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
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
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
Mayor or members of the Council from expressing their views and fully and freely
Proposed San Bernardino Charter (Final) Page 5
discussing with the City Manager anything pertaining to the appointment and removal of
such officers and employees.
(d) Interference with Administration. Neither the Mayor nor any Council member shall
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
employees who are subject to the direction and supervision of the City Manager solely
through the City Manager, and shall not give orders to or attempt to direct the work of such
officers and employees either publicly or privately.Inquiries may be made directly to
officers and employees under the supervision of the City Manager with the knowledge and
consent of the City Manager.
Section 307. Vacancies;Filling of Vacancies
(a) Vacancies.If the Council determines any of the events enumerated in provisions of the
Government Code or California Constitution pertaining to vacancies in public offices have
occurred,the Council shall declare a vacancy for the office of Council member or for the
office of Mayor.
(b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance in
accordance with State law.
Section 308. Judge of Qualifications
The Council shall be the judge of the election and qualifications of its members and whether
grounds exist for forfeiture of their office.
Section 309. Council Organization,Meetings and Rules of Order
The Council shall establish by ordinance the time,place and the method of calling meetings,the
rules of order for the conduct of proceedings by the Council, and the order of succession in the
event of a vacancy in the office of Mayor.
Section 310. Ordinances
When an action is required by State law or this Charter to be taken by ordinance,the ordinance
shall be adopted in accordance with State law.
ARTICLE IV: CITY MANAGER
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, as provided in section 304(b) of this Charter.
The City Manager may be removed by the Mayor and entire Council in the same manner. The
City Manager shall be appointed on the basis of education and experience in the accepted
competencies and practices of local government management.The Mayor and Council shall
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establish and communicate clear expectations for the City Manager. An evaluation of the City
Manager's performance shall be conducted at least annually.
Section 401. Powers and Duties
The City Manager shall be the chief executive officer of the City,responsible to the Council for
the management of all City affairs placed in the City Manager's charge by or under this Charter.
The City Manager will be the sole authority for managing City operations and appointing and
directing City staff,except as otherwise provided in this Charter.
The City Manager shall:
(a) Appoint and suspend or remove all City employees and appoint administrative officers,
except as otherwise provided by law,this Charter, or established personnel rules.The
City Manager may authorize any administrative officer subject to the City Manager's
direction and supervision to exercise these powers with respect to subordinates in that
officer's department, office or agency;
(b) Direct and supervise the administration of all departments, offices and agencies of the
City,except as otherwise provided by this Charter or by law;
(c) Attend all Council meetings. The City Manager shall have the right to take part in the
discussion but shall not vote;
(d) Ensure the Mayor and Council are informed on all aspects of important emerging issues,
including the City's financial condition and future needs, and as part of that
responsibility,brief the Mayor and Council at their meetings on the business matters
before them;
(e) See that all laws,provisions of this Charter, and acts of the Council are faithfully
executed;
(f) Prepare and submit the annual budget and capital improvement program to the Mayor
and Council and implement the final budget approved by the Council to achieve the
goals of the City;
(g) Submit to the Mayor and Council and make available to the public a complete report on
the finances and administrative activities of the City as of the end of each fiscal year;
(h) Make such other reports as the Mayor or Council may request regarding operations;
(i) Make recommendations to the Mayor and Council concerning the affairs of the City and
facilitate the work of the Council in developing policy;
(j) Provide staff support services for the Mayor and Council members;
(k) Assist the Mayor and Council in developing long-term goals for the City and strategies
to implement these goals;
(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
professional judgment and best practices in the interests of the City; and
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(p) Perform other such duties as are specified in this Charter,by ordinance,or as may be
requested by the Council.
ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES
Section 501. General Provisions
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
to meet the needs of the community in the most effective and efficient manner.
Section 502. Direction by City Manager
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
Board,which shall be administered by their respective executive officers as provided for
elsewhere in this Charter but which shall in all other respects be governed by the policies
applicable to all other departments, offices and agencies.
With the consent of the Council,the City Manager may serve as the executive of one or more
such departments, offices or agencies.
The City Manager may appoint one person to serve as the executive of two or more
departments.
Section 503. Continuation of Departments
All departments, agencies, offices, and services in existence at the time this Charter is adopted
shall continue in the same manner as before the adoption of this Charter,unless and until
changed by ordinance or other action approved by the City Council.
Section 504. City Attorney
A duly qualified City Attorney shall be appointed by a vote of the Mayor and entire Council, as
provided in section 304(b) of this Charter. 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 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.
Section 505. City Clerk
A duly qualified City Clerk shall be appointed by a vote of the Mayor and entire Council, as
provided in section 304(b) of this Charter. 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 journal of its proceedings, and shall perform any other duties
prescribed by State law, this Charter or by ordinance.
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Section 506. Departmental Administrators;Appointive Powers
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,
subject to the approval of the City Manager and subject to the provisions of the personnel rules
and regulations adopted by the Council.
Section 507. Services
The City shall provide for a municipal police department. The City also shall provide for
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
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. The administration of employee matters shall be delegated to a personnel or
human resources department.
Consistent with all applicable Federal and State laws, the Council shall provide for the
establishment,regulation and maintenance of a merit system and governing personnel rules
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
not limited to classification and pay plans,examinations,force reduction,removals,working
conditions,provisional and exempt appointments, in-service training, grievances and
relationships with employee organizations.
Section 509. Official Bonds.
The Council shall fix by resolution the amounts and terms of the official bonds of all officers or
employees who are required by the Council to acquire such bonds.All bonds shall be executed
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.
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
Iofficer was a party to, or conspired in,such wrongful act or omission.
ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES
Section 600. General Provisions
Each board, commission and committee established prior to the adoption of this Charter shall
continue to exist,exercise the powers and perform the duties assigned to it upon adoption of
this Charter.However, the Council may alter the structure,membership,powers and duties of
Proposed San Bernardino Charter (Final) Page 9
boards,commissions and committees. The Council also may abolish or create particular boards,
commissions and committees, provided that the Council may not abolish the Commissions or
Boards specifically provided for in this Charter.The Council may grant powers and duties to
boards, commissions and committees that are consistent with the provisions of this Charter.
Section 601. Appointment, Removal,Terms of Office and Procedural Rules
Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of
boards, commissions, committees and their members and the rules and regulations pertaining
to the conduct of board,commission or committee business shall be as prescribed by a vote of
the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards,
commissions and committees shall be residents of the City, unless exempted by ordinance or
State law.
Section 602. Library
A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the
Mayor and entire Council, as provided in section 304(b) to serve without compensation. The
Mayor and entire Council may remove Trustees in the same manner. The Board shall:
(a)Be responsible for providing adequate library services;
(b) Appoint a Library Director;
(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.
Section 603. Water and Wastewater
A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire
Council, as provided in section 304(b). Commissioners shall serve terms of six (6)years each,
staggered in the same manner as at the time of the adoption of this Charter. Any one or more of
these Commissioners may be removed by a vote of the Mayor and entire Council. The Board
shall have the following powers and responsibilities:
(a)Be responsible to oversee and manage the City's water supply, recycled water,
wastewater collection and treatment("Water and Wastewater Systems") functions in
accordance with State law.
(b) Employ such persons, including a general manager, as may be needed for proper
administration of the City's Water and Wastewater Systems.
(c) Set and collect all rates, fees and charges for operation of the Water and Wastewater
Systems.
(d)Allocate all receipts and expenditures to separate,independent,Water and Sewer Funds
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.
1
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(f) Compensate members of the Water Board in accordance with actions of the Water Board
following public hearing.
(g) Collaborate with the Council,Mayor and City Manager concerning the City's Water and
Wastewater Systems. In this regard,the Council shall take such actions as may be
appropriate to enforce rules and regulations of the Board.
(h) Establish and periodically review and revise such rules and regulations as may be
appropriate for managing the City's Water and Wastewater Systems.
Section 604. Personnel Commission
A Personnel Commission consisting of five (5) members shall be appointed by a vote of the
Mayor and entire Council, as provided for in section 304(b) of this Charter, to serve without
compensation.The Mayor and entire Council may 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 agreements.Decisions of the Commission
shall be final without further review within the City.
ARTICLE VII: FINANCIAL MANAGEMENT
Section 700. Fiscal Year
The fiscal year of the City shall begin on the first day of July of each year and end on the last
day of June of the following year.The Council may change the fiscal year by ordinance.
Section 701. Submission of Budget and Budget Message
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
City Manager's budget message shall explain the budget both in fiscal terms and in terms of the
work programs,linking those programs to organizational goals and community priorities.It
shall outline the proposed financial policies of the City for the ensuing fiscal year and the
impact of those policies on future years.It shall describe the important features of the budget
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
position,including factors affecting the ability to raise resources through debt issues, and
include other such material as the City Manager deems desirable.
Section 702. Budget and Capital Improvement Program
The budget shall provide a complete financial plan of all City funds and activities for the
ensuing fiscal year and,except as required by law or this Charter, shall be in such form as the
City Manager deems desirable or the Council or Mayor may request for effective management
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
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(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.
The City's budget and CIP should strive to achieve the best practice standards set by the
Government Finance Officers Association(GFOA) for distinguished budget presentation.
Section 703. Council Action on the Budget and Capital Improvement Plan
The Council shall publish a general summary of the budget and CIP and hold one (1) or more
public hearings.After the public hearing(s), the Budget and CIP shall be adopted, as they may
be amended,by the Council before the beginning of each fiscal year.
Section 704. Independent Audit
The Council shall provide for an annual independent audit of all City accounts and may
provide for more frequent audits as it deems necessary. An independent certified public
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
Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall
designate such accountant or firm for a period not to exceed five (5) years.
As soon as practicable after the end of the fiscal year, a final certified audit and report shall be
submitted by such accountant to the Mayor, each member of the Council, the City Manager,
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
the audit and report shall be published on the City's website.
Article VIII: ELECTIONS
Section 800. City Elections
Beginning in November 2018, the regular City election shall be held at the time established by
State law on the first Tuesday after the first Monday in November, and every two (2) years
thereafter. City elections shall follow the provisions and procedures of the State Elections Code
as applicable to general law cities.The Mayor and Council members shall be sworn in and
begin their term of service upon certification of the election results, and shall serve until their
successors qualify.
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
member in office at the time of the adoption of this Charter shall be extended for one (1) year.
Section 801. Elective Officers;Terms
The elective officers of the City shall consist of a Mayor and seven Council members. Council
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
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by the voters within that ward. The Mayor shall continue to be elected at large for a term of
four (4)years.
Section 802. Number of Wards
There shall be seven (7)wards.
Section 803. Adjustment of Ward Boundaries
Periodic adjustments to ward boundaries shall be made to maintain each in compact form and
as nearly equal in population as possible, consistent with applicable State and Federal laws.
ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL
Section 900. Initiative,Citizen Referendum and Recall
Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code,
as applicable to general law cities.
ARTICLE X: CHARTER AMENDMENTS
Section 1000. Charter Amendments
Amendments to this Charter shall be made in accordance with the procedures of the State
Elections Code, as applicable to charter cities.
Section 1001. Periodic Review of Charter
By December 2017,the Council shall establish a process to ensure the periodic review of this
Charter to identify potential amendments that enhance clarity,efficiency, and the principles of
the council-manager form of government.
ARTICLE XI: SEVERABILITY
Section 1100. Severability
If any provision of this Charter is held invalid,the other provisions of the Charter shall not be
affected.If the application of the Charter or any of its provisions to any persons or circumstance
is held invalid,the application of the Charter and its provisions to other persons or
circumstances shall not be affected.