The URL can be used to link to this page

1977 Alameda City CharterAdopted April 29, 1937 Approved May 5, 1937 Senate Concurrent Resolution No . 75 Amended to March 8, 1977 I I I I I C H A R T E R OF THE C I T Y 0 F A L A M E D A CAL IFORNIA * * * ARTI CL E I Inc o rporati o n an d Powers Sec. 1-1 . The e x i sting City o f Alame d a , hereinafter ref e rred to a s the "City ", sha l l c on t i nu e i t s c o rpora t e e x istence under this charter wi th t he same p r o perty rights an d t h e same boundaries as existing at the time t h is cha rter ta k es e f fect, or as such b oundaries ma y be chan g e d there a ft e r i n the ma nner authorized by law . Sec. 1 -2 . Th e City s h all have a nd e x e r ci se t he following ri ghts and powers, s ubje ct to the e x p r ess limita t ions herein e xpressed : (A ) To have p e rpetual suc ce ssi on . (B) To ad o p t a n d us e a co r p or ate seal . (C} To sue and be s u ed . (D) To make a nd enforc e all laws and r egulat i ons i n resoect to municipa l a ff a irs , subject o nly to the r es tr ict i on s a n d · limitations p r o vided in thi s chap ter. (E) To exe rc ise all rights, powers and privile ges he r etofore or hereaf t e r granted by th e Const ituti on and gener a ~ laws of the State o f Ca li fornia. (F) To act pursuant to p rocedure established by general law unless a different p r o cedure is es tablish ed by o r d inance. -1- I I I I ARTICLE II Officers Sec. 2-1. The following elective officers are hereby established: The Mayor and four Councilmen, who shall constitute the Council; Auditor, who shall be ex-officio Assessor; Treasurer, who shall be ex-officio Tax Collector. Sec. 2-1.1. Notwithstanding any other provision of this Charter to the contrary, the matters contained in this Section shall be controlling as to the office of the Mayor. Commencing April 20, 1971, and thereafter, the Mayor shall be an elective officer of the City, and shall hold office for a term of four years, and until his successor is elected or appointed and qualified, unless sooner removed from office pursuant to Article XX of this Charter or otherwise. The method of nomination and election of the Mayor shall be as provided in this Charter for the nomination and election of other elective officers of the City. The off ice of Mayor shall be a separate office and b~ arranged on a ballot in a separate column and shall be first in order of arrangement. Eligibility for office of Mayor shall consist of the qualifications set forth in this Charter for other elective officers. The provisions of this Charter which provide for the manner of selecting a candidate to fill office in the event of a tie vote shall apply to the office of Mayor . A vacancy in the off ice of Mayor shall be filled in the manner set forth in Section 2-7 of this Charter. The Mayor shall receive a monthly compensation of Two Hundred Dollars ($200 .00), payable at the time and in the manner as fixed by the Council , and shall be in addition to that provided in Sections 2-4 and 6-4. The intent of this section is hereby declared to be only to make the Mayor an elective officer of the City and to provide the compensation therefor, as set forth herein. Except to the extent they are inconsistent with the provisions of this section, other provisions of this Charter relating to the Mayor shall apply to the Mayor provided for by this section. Sec. 2-2 . The following offices are hereby established, and the incumbents thereof shall be appointed by the Council by vote of not less than three members thereof, and may be removed by vote of not less than four members thereof: City Manager; City Attorney; City Clerk. Sec. 2-3. The following offices are hereby established and the incumbents thereof shall be appointed by and hold office at the pleasure of the City Manager: Chief of Police; Chief of the Fire Department; Health Officer; City Physician; City Engineer; Superintendent of Streets; City Planning Director. -2- I • I I • • Sec. 2-4. The salary attached to the following offices shall be fixed by the Council a t not less than the following amounts per annum: Auditor, $3,600.0 0; Treasurer, $3,600.00; City Manager, $4,000.00; City Attorney, $3 ,000.00;. City Clerk, $2,400.00. Each Councilman shall receive $50.00 for each meeting of the Council which he shall attend; provided, that no Councilman shall receive such fees for more than two meetings in any one calendar month. Sec. 2-5. Every elected officer of the City and every officer appointed to a Boar d or Commis s ion shall be a resident of the City during his tenure of office. Employees of the City, other than such officers, shall reside within the City, or within such distance of the Ci t y limits thereof as the Council may be ordinance prescribe . Sec . 2-6. The term of each elective officer shall commence at 8:00 o'clock p .m. on the third Tuesday of the month following the General Muni c ipal Election at which such officer was elected and continue for f our years thereafter and until his successor is elected and qualified. Sec. 2 -6 .1. Two Councilmen, exclusive of the Mayor, shall be elected at every gener al municipal election. If for any reason two vacancies do not occur prior to the election, the term of the person receiv ing the lowest number of votes for councilman in the last general municipal election shall expire. Sec. 2-7. Every vacancy in an elective office, arising otherwise than as provided in Article XX , shall be filled by the ~ouncil. In the event that vacancies exist in a majority of the offices o f Councilmen, such vacancies shall be filled by a board consisting of the remaining Councilmen, if any, and the following officers, selected in the order named, sufficient to constitute a board of three, to-wit, Auditor, Treasurer and President of the Board of Library Trustees. After any vacancy in the office of Councilman has continued for twenty-one days, the three officers last mentioned in the foregoing sentence, acting as a board , shall have the sole power acting by a majority vote, to fill such vacancy . Sec. 2-8. The term of any person appointed to fill a vacancy in an elective of fic e shall commence upon appointment and qualif i- cation and continue u ntil 8:00 o'clock p.m. on the third Tuesday of the month foll owing the next General Municipal Election, at which election a successor shall be ~lected to serve for the remainder of t he une xpired term. -3- ' ' Sec. 2-9. If any officer of the Ci t y shall remove from the City or absent him s e l f t herefrom for more than thirty days consecutively without the permission of the Council, or shall fail to qualify by taking t he oath of off ice and filing his official bond, whenever such bond is required, within fifteen days from the time his certificate of election or appointment is mailed or delive r ed to h im , or shall resign, or be convicted of a felony, or be adjudged i nsane , his office shall be vacant. Sec. 2-10 . In t he event of a va can c y in t he office of Auditor, Treasurer, City Atto rn ey or City Clerk , th e ranking deputy or assistant shall, during such v acancy , per form the duties of such office. Sec . 2-11 . Any incumb e nt of any Federal, State or County office, e xcept nota r y public or officer in the military or naval reserve forces , shal l be ineligible to hold any elective office or office of membe r o f any board created by this charter . Sec . 2 -12 . The pe r sons occupying the offices set forth in Sections 2 -1, 2-2 a n d 2 -3, their assi s tants and deouties and members of all bo a r ds , provided for in Se ction 10-1, shall be officers of the City . Sec . 2-13. Al l o f f i ce r s , boards and the certified public accountant appoin t e d p ursuant to Sub -Sec t ion 3-7c shall have power to administer oaths and affirmatio n s , to e x amine witnesses and compel their a ttendance by subpoena in all matters affecting their respectiv e o ffi ce s a n d positions . All l egal process issued pursuant to this sect i o n shall be executed b y or under the authority of the Chief of Police. Sec . 2-14 , No person shall be el igib le for the office held by that person for t wo complete consecutive terms immediately prior to the term for which the person seeks election or appoint- ment. This section shall !lOt apply to the office of Auditor or Treasurer or prevent persons in office f r om completing their terms. -4- I I I I I I I I I I I I I ARTICLE III City Council Sec. 3-1. All powers of the City and all powers vested in city councils (except the powers reserved to the People or delegated to other officers or boards by this charter) shall be vested in a Council consisting of five Councilmen. Sec. 3-1.1. Notwithstanding any other provision of this Charter to the contrary, this section shall control as to the matters herein contained. Commencing April 20, 1971, the Council shall consist of the Mayor and four Councilmen, elected in the manner set forth in Section 2-1.1 and elsewhere in this Charter. From and after such date, all provisions of this Charter which are inconsistent with the provisions of this section shall be deemed amended or repealed whichever is appropriate. Sec. 3-2. The Council may confer upon any board or officer powers and duties additional to those set forth in this charter. Sec. 3-3. The Council may, on its own motion, submit to the electorate by initiative or referendum any proposed resolution or ordinance which could be enacted by the Council. Sec. 3-4. The vote of three members of the Council, except as otherwise provided, shall be necessary for any act of or by the Council. Sec. 3-5. The Councilmen present at any meeting regularly held may compel the attendance of ab?ent members in such manner and subject to such penalties as the Council may have prescribed by ordinance. Sec. 3-6. In the event that any Councilman shall, without being excused by the Council, absent himself from four or more consecutive regular meetings of the Council extending over a period of not less than thirty days, his office shall be vacant. Sec. 3-7. The Council shall: (A) Meet at 8:00 o'clock p.m. on the third Tuesday of the month next succeeding the month in which the General Municipal Election is held, and organize by selecting from its membership, a Vice Mayor of the Council, whose term shall commence upon selection and continue until the selection and qualification of the successor following the next General Municipal Election. (B) Hold regular meetings at least twice in each month as fixed by ordinance. Its meetings shall be public and held in the Council Chamber of the City Hall. Special meetings may be called by the Mayor or by three Councilmen by serving the . Councilmen personally with written notices of time and purpose of the meeting or as required by general law. -5- I I I I I (C) Contract and fix the compensation for the services of a certified public accountant, who shall at least semi-annually investigate the transactions and audit the accounts of all officers having the collection, custody or disbursement of public money, or having the power to approve, allow or audit demands on the treasury. He shall have free access to all records, books and papers in all departments of the City. He may at any time visit any of the public offices and make examinations and investigations therein without hindrance. He must examine the official bonds of all City officers and employees and investigate the sufficiency and solvency of the sureties thereon . At the close of his investigation he shall file with the Council a written report containing his recommendations. If during his examination and audit it shall appear that a public offense has been committed, or that any officer or employee is in default, or that the surety on any bond is insufficient, he shall immediately report to the Council, which shall take such proceedings as are authorized by law. (D) Provide by ordinance for annual vacations with pay for all City officers and employees. (E) Fix the amounts and determine the officers and employees who shall give bonds to the City for the faithful performance of their duties. All such bonds shall be executed by surety companies qualified to do business in the State of California and be subject to approval bi the Council and shall be filed with the City Clerk, except that the bond of the City Clerk shall be filed with the Auditor . The premiums on all such bonds shall be paid by the City. (F) Prescribe the form of oath of office and require that every officer shall, before entering upon the duties of his office, take and file such oaths with the City Clerk. (G) Establish and abolish offices and positions of employment and fix the compensation and duties thereof, except as herein otherwise provided. (H) Designate the person to perform the duties of City Manager in the event of his absence or disability. (I) Establish on or before July 1, 1938, a retirement, pension and insurance system for City officers and employees based on sound actuarial principles, which system once adopted shall not be amended except by the vote of five Members ·of the Council and shall not be repealed except by the People. Such system shall provide for the support thereof by deductions from the compensation of officers and employees of the City and contributions from City funds and funds under the control of the respective boards. -6- I I I I Sec. 3-8. The Council shall act by ordinance, resolution or motion, and the vote of each member of the Council on ordinances and resolutions shall be entered in the journal. Sec. 3-9. No member of the Council shall, during his term of office, be eligible to appointment to any board created by this charter. Sec. 3-10. All acts of the Council imposing penalties, prescribing public regulations, granting franchises, or providing for the acquisition, transfer or lease for a period longer than one year, of real property, shall be by ordinance; provided, however, that the acquisition of real property, or any interest therein, may be authorized by resolution when the purchase price to be paid, together with any obligation imposed on the City in connection with any such acquisition, does not exceed the sum of $1,000.00, or when such acquisition is to be accomplished by condemnation in eminent .domain proceedings, or in connection with public improvements proceedings taken under some law. No real property of the City shall be leased for a period in excess of one year or sold, except upon the affirmative vote of four members of the Council. The provisions of this section shall not apply to the acquisition or transfer of real property wh~n, pursuant to procedure established by ordinance or by any code or general law of the State of California, such property has been acquired, or is transferred or acquired in satisfaction, foreclosure or enforcement of a lien for taxes or special assessments of any character. Sec. 3-11. The enacting clause of every ordinance passed by the Council shall be, "Be it Ordained by the Council of the City of Alameda." Every amendment of an ordinance shall be germane to the original purpose of such ordinance. Every ordinance shall be signed by the officer presiding at the time of its adoption and attested by the City Clerk. No ordinance shall be passed by the Council within five days after its intro- duction, or at any time other than at a regular meeting or an adj0urned regular meeting, except as provided in the following section. Sec. 3-12. No ordinance shall become effective until thirty days from and after the date of its final passage, except an ordinance calling or otherwise relating to an election, or an ordinance determining the amount of money necessary to be raised by taxation, or fixing the rate of taxes to be levied, or an ordinance relating to a street improvement proceeding taken under some law, or an ordinance relating to public improvements or work the cost of which, or any portion of which, is to be borne by special assessment against property benefitted thereby, or an -7- I I I I ordinance for the immediate preservation of the public peace, health or safety, which contains a declaration of the facts constituting its urgency, and is passed by a four-fifths vote of the Council, or an ordinance enacted in the event of great emergency or necessity passed by four votes of the Council and containing a statement of the emergency or necessity. Ordinances for the immediate preservation of the public peace, health or safety and ordinances enacted in the event of great emergency or necessity, when passed as aforesaid, may be introduced and passed at one and the same meeting and at either a regular or special meeting. No grant of any franchise, however, shall ever be construed as an urgency or emergency measure. Sec. 3-13. No ordinance shall be re-enacted or amended by reference to its title only, or without setting forth the amended or re-enacted sections or sub-sections thereof in full. Sec. 3-14. Before final adoption of an ordinance, its title, a digest thereof, a notice showing the date, time and place of hearing on its final adoption, and notice that three full copies thereof are available for use and examination by the public in the office of the City Clerk, shall be published once in the official newspaper of the City at least three days before said hearing date. Notice of the adoption of an emergency ordinance, its title, and a digest thereof shall be similarly published once within three days after its adoption. Sec. 3-15. When the expenditure required for the purchase of materials or supplies, or for the making of public work or improvements exceeds the sum of one thousand dollars, the same shall be done by written contract and let to the responsible bidder who submits the lowest and best bid, after advertising in the Official Newspaper by at least one insertion for sealed proposals, which advertising shall be made at least five days prior to the time for receipt of bids. Advertisements for bids may set forth the general character of the work, materials or supplies and refer for details to specifications on file in the office of the City Clerk., The Council may reject all bids. In case no bids are received, the Council may make such public work or improvements without contract or purchase such materials or supplies in the open market. The Council may, by four votes, either with or without prior advertising, as hereinabove set forth, determine that in its opinion the public work or improve- ments in question will be performed more economically by the City without contract, or that the materials or supplies can be purchased at a lower price in the open market, or that great necessity or emergency requires immediate action, and thereupon ' proceed to make such public work or improvements without contract and ,to purchase such materials or supplies in the open market. Sec. 3-15.1. Anything in Section 3-15 to the contrary' notwith- standing, the bid and contract procedure in said section specified shall be a?plicable only when the required expenditure exceeds the sum provided by the general law for cities for like expenditures . -8- I I I I I I Sec. 3-16. A preference of not to exceed five per cent of the lowest bid may be allowed by the Council on all bids for materials and supplies made by a petson who, for more than one year continuously preceding the making of such bid, had an established place of business in the City manufacturing, processing, whole- saling or retailing such materials and supplies. Sec. 3-17. When entering into any contract for labor or hiring any labor for public contract work, preference shall be given to contractors, mechanics, artisans or other laborers of any class, who shall have actually resided in the City for a period of six months preceding the date of their engagement to perform labor, quality and price of work being equal. Sec. 3-18. The Council shall annually, after advertising in the manner provided for the purchase of supplies, award a contract to the responsible bidder who submits the lowest and best bid for publication of all legal advertising of the City in a newspaper of general circulation published in the City for a period of not less than one year immediately preceding the making of such bid, and having a bon~ fide paid circulation of at least one thousand copies. The newspaper published by the successful bidder shall be the Official Newspaper of the City. The Council may reject all bids. In lieu of newspaper advertising the Council may issue and publish a bulletin containing such matter as it is required by law to publish, sending the same by mail to the registered voters of the City, to their addresses as the same shall appear on the registration records of Alameda County, and shall also post printed copies of such advertisement in three public places in the City of Alameda. Sec. 3-19. The Council may consent to, or provide by contract or in any ~ther manner, for the transfer to the County of Alameda of any or all of the public health and sanitation functions and services provided for by Charter or Ordinance of the City of Alameda or by State or Federal law, rule or regulation, and for the assumption, enforcement, observance and performance thereof by Alameda County officers and employees; provided that, upon such transfer, employees of the City of Alameda Health Department who are not continued in City of Alameda employment are transferred to the employ of the County of Alameda with the protection hereinafter in this section provided. The Council is authorized to provide that all or any City of Alameda Health Department employees be transferred to and become employees of the Alameda County Health Department with full accredited status as members of the County Civil Service. The Council also is authorized to provide that such transferred employees shall retain credit under the Alameda Municipal Employees' Retirement System, or any other retirement system entered into by the City of Alameda for and on behalf of the employees of the City of Alameda, as provided for by any ordinance or resolution of the City of Alameda, for service with which they were entitled to be credited at the date of transfer, or that instead such service -9- I I I I I I be credited under the Alameda County Employees' Retirement System in the same manner and with the same effect as if it were service credited under such system as having been rendered as employees of Alameda County. To effect such credit of service, the Council may take all necessary action, regardless of the length of service credited to such employees. Specifically, but without limiting the foregoing authorization, the Council may provide for the retention in the Municipal Retirement System for contributions made by such transferred employees, plus credjted interest, in the same manner and with the same effect as is provided under such System for employees upon resignation or discnarge who are entitled to be credited with ten years of service, or it may pay to the County or otherwise allocate any funds, including such transferred employees contributions plus credited interest, and contributions made by the City and held on behalf of such transferred employees by such Municipal Retirement System. The City may compensate the County, as necessary, either directly from any City funds or indirectly by County's retention of fees, fines, forfeitures or penalties paid or payable under City Ordinance, for making inspec- tions and for the performance by County officers or employees of functions in the enforcement of City Ordinances relating to public health and sanitation. The Council shall provide, as necessary, for the continued employment of such Health Department personnel as are not transferred to the County, without prejudice to the acquired employment rights of such employees. Any and all powers, duties and functions of the City so transferred to the County pursuant to this section shall, to the extent of their assumption, performance, observance and enforcement by the County, be deemed suspended and not a duty or function of the City for the duration of such transfer. The City has and the Council shall reserve in any agreement with the County the right to terminate any transfer made pursuant to this section, and to reassume any or all of the transferred functions. This section shall be paramount to any other Charter provision in conflict therewith. -10- I II I I II II I ARTICLE IV Auditor Sec. 4 -1 . The Auditor shall perform all the duties of Auditor and Assessor prescribed by this charte , by ordinance and by general law and shall devote his entire time to the duties of his office. He shall, subject to Civil Service requirements, have power to appoint, discipline and remove all deputies and employees in his off ice and shall be responsible for the acts thereof on his official bond. Sec. 4-2. He shall be the general accountant of the City and shall have the custody of and preserve in his off ice all accounts, books, vouchers, documents and papers relating to the debts , revenues and other financial affairs of the City. Sec. 4-3. He shall keep an accurate account of all money transactions of the City, and at all times his records shall reflect the exact condition of the treasury and he shall certify the same to the Council at least monthly . Sec. 4-4. He shall establish a uniform system of bookkeeping and accounts for the City and all officers, departments and boards thereof. Sec. 4-5. Every demand presented to him shall specify on its face the several items composing it, the amounts and the dates thereof and shall be numbered and acted upon in the order of presentation. Every demand shall, before payment, be presented to the Auditor with the allowance thereon of the Council or board which appropriated the money pursuant to which said demand is made, except that demands for salary need bear the allowance only of the City Manager or executive officer under whose jurisdiction the services are rendered. The Auditor shall not allow any demand unless the same is legally due, its payment authorized by law, and in consequence of appropriations made pursuant to this charter. Upon allowance, the Auditor shall endorse on each demand the word "Allowed," the name of the fund out of which it is payable and the date and consecutive number of its allowance and shall sign his name thereto. r~ av~ Sec. 4-6. No warrant shall be drawn by the Auditor 'unless there are sufficient moneys otherwise unappropriated in the fund against whic h the warrant is drawn to pay the same. -11- I I I I I Sec. 4-7. No contract required to be in writing and imposing any financial obligation upon the City shall be binding or o f any force unless the Auditor shall endorse thereon his certificate that there remains an unexpended and unapplied balance of the appropriation or fund applicable thereto sufficient to pay a nd fully discharge the City's obligation under such contract a s certified by the Board or officer making the same . All sums of money represented by such endorsements outstanding shall be used for no other purpose except the pay men t and discharge of the respective contracts so endorsed . ARTICLE V Treasurer Sec. 5-1. The Treasurer sha l l p erform all the duties o f Treasurer and Tax Collector prescr ibed b y this charter, by ordinance and by general law and sha ll devote his entire time t o the duties of his office. He sha l l , sub ject to Civil Service requirements, have power to appo int, discipline and remove a ll deputies and employees in his off ice and shall be responsible fo r the acts thereof on his official bon d. Sec. 5-2. He shall have custody of all moneys belonging to the City, or to any officer of the City in his official capac ity . He shall pay out money belonging to the City or in his officia l custody only upon warrants drawn upon him duly issued by the Au d itor. Sec. 5-3. The Treasurer shall not receive any moneys unle s s the payment of the same is accompanied by the certificate of the Auditor, stating the amount of the same, to what fund payable and by whom to be paid. -12- I I I I I I I I I I I I I ARTICLE VI Mayor Sec. 6-1. The Mayor shall be the official and ceremonial head of t h e City and shall preside at all meetings of the Council. He may take command of the Police and Fire Departments and govern the City by proclamation whenever the Council determines that public danger or emergency requires such ac t ion. Sec. 6-2. During the absence or disability of the Mayor , the Vice Mayor of the Council shall perform the official duties of Mayor, and during the absence or disability of both such officers, the remaining members of the Council shall select a Mayor Pro-tempore. Sec. 6-3. Vacancies in the office of Mayor shal l be filled by the Council . Sec. 6-4. There is hereby appropriated to the use of the Mayor in the discharge of his office the sum of fifty dollars each month for which he need furnish no vouchers. ARTICLE VII City Manager Sec. 7-1. The City Manager shall te the Chief Administrative Officer of the City and shall be chosen by the Council on the basis of his executive and administrative qualifications, with special reference to his actual experience in or his knowledge of, accepted practice in respect to the duties of his off ice as hereinafter outlined . Sec. 7-2. The City Manager shall have the power and it shall be his duty: (A) To administer and execute policies and undertakings formulated by the Council. (B) To enforce all laws and ordinances , e x cept as provided by Section 6-1, and he is hereby declared to be beneficially interested in their enforcement and to have power to sue in proper courts to enforce them. (C) To appoint, discipline and remove all officers and employees of the City under his jurisdiction , subject to Civil Service requirements. (D) To act as purchasing agent for the City and all of fi ce r s and boards thereof, except the Board of Education and the Pub l ic Utilities Board unless so requested by the~. -13- I I I I I I I I I I I I I I I I (E) To attend all meetings of the Council unless excused by the Council or the Mayor. (F) To keep the Council at all times fully advised as to the need s of the City, and to recommend such measures and polic i es as he may deem expedient. (G ) To conduct such investigations and prepare such plans, specificat i ons or reports as may be specified by the Council. (H ) To see that all contracts and franchises made under his jurisdi ction or that of the Council are faithfully performed, and to report all violations thereof to the Council. (I) To supervise and administer all public parks, golf courses , recreation areas, wharves, docks and other public proper ties , utilities and facilities belonging to the City except as i n this charter otherwise provided. (J } To appoint technical advisory experts or boards with the consent of an d at such compensation as may be provided by the Counc il . (K) Un til a Civil Service ordinance shall be in force, to establ ish e xaminations as to fitness of applicants for positions below the r ank of Chief in the Police and Fire Departments and to make a ppo intments therein only on the basis of merit after such e x amina t ions. (L ) To prepare and submit a budget as required by this charter. (M) To investigate the conduct and proceedings of any office r or b oard of the City when he shall deem the same necess nrv , o r when so directed by the Council. (N) To devote his entire time to the duties of his office. (O} To formulate rules and regulations for officers and employ e es und er his jurisdiction. Sec . 7 -3. Neither the Council nor any of the members thereof s h a l l interfere with the execution by the City Manager of his powe r s and duties. Except for purposes of inquiry, the Council an d its members shall deal with that portion of the admini strati ve service for which the City Manager is responsible solely thr oug h him. An attempt by a Councilman to influence the City Manager i n the making of any appointment or the purchase of any ma teria ls or supplies shall subject such Councilman to removal from o ff ice f or malfeasance. -14- I I I I I I I I I I I I I Sec. 7-4. The City Manager shall appoint a Chief of Police who shall be the chief executive of the Police Department. Sec. 7-5. The City Manager shall appoint a Chief of the Fire Department who shall be the chief executive of the Fire Department . Sec . 7-6 . The City Manager shall appoint a Health Officer who shall be the chief executive of the Health Department. The Health Officer shall hold the degree of Doctor of Medicine and a license to practice medicine in the State of California, or a degree representing equivalent training in Public Health . He shall exercise all the powers and duties vested in boards of health or health officers by general law or ordinance now or hereafter adopted. Sec. 7-7. The City Manager shall appoint a City Physician who shall hold the degree of Doctor of Medicine and a license to practice medicine in the State of California. The City Physician shall, without charge and as required by the Council , render emergency, surgical and medical service, and make such medical examinations as may be necessary for the administration of the affairs of the City Government . He shall have charge of any receiving hospital or dispensary established by the City . Sec. 7-8. The City Manager may consolidate the offices of Health Officer and City Physician. Sec. 7 -9 . The City Manaqer shall appoint a Superintendent of Streets who shall be the chief executive of the Street Depart- ment. Sec . 7-10 . The City Manager shall a ppoint a City Engineer who must have been, prior to his appointment, a practicing Civil Engineer for a period of not less than five years. He shall be the custodian of all engineering records of the City, and all engineering records prepared by him shall be the property of the City. Sec. 7-11 . The City Manager may consolidate the offices of Superintendent of Streets and City Engineer. Sec. 7-11.1. The City Manager shall appoint a City Plan ning Director who shall be the chief executive of the City Planning Department and Secretary to the City Planning Board . Sec . 7-12 . The Chief of Police, Chief of the Fire Department, Health Officer, City Physician, Superintendent of Streets , City Engineer, and City Planning Director shall each have power to discipline any employee under his control by the imposition of a fine not to e x ceed one month's salary, or by suspension without pay for not to exceed thirty days, or other penalty less than dismissal , subject to appeal to the City Manager who shal l, on such appeal , have final and arbitrary authority to affirm , modif y or revoke such penalty. -15- / I I I I I I I I I I I of in of ARTICLE VIII City Attorney . Sec. 8-1. The City Attorney shall have been, at the time his appointment , regularly admitted to practice and engaged the practice of law in the State of California for a period at least five years next preceding such appointment. Sec. 8-2 . The City Attorney shall prosecute all violations of the ordinances of the City . He shall, subject to the general direction of the Council, board or elective officer having juris- diction of the matter, prosecute and defend for the City, and all boards, officers and employees in their official capacity all proceedings before judicial and quasi-judicial tribunals. He shall not compromise, settle or dismiss any action for or against the City without permission of the Council. He shall not commence any action without pe rmission of the Council or written instruc- tion of the City Manager . He shall be the legal advisor of and attorney and counsel for the City and for all officers and boards thereof, in all matters relating to their official duties, and whenever r~quested in writing by any of them, he shall give his legal advice in writing. Sec. 8-3. He shall approve the form of all bonds given to the City, prepare all contracts or legal instruments in which the City is interested, and shall endorse on each his approval of the form thereof. He shall, when required by the Council, or any members thereof, draft proposed City ordinances and amendments thereto. He shall deliver all books, papers, documents and property of every description belonging to his off ice or to the City, to his successor in office. Sec. 8-4. The City Attorney shall appoint, discipline and remove, subject to Civil Service requirements, all assistants, deputies and employees under his authority. All assistants and deputies must be duly admitted to practice law in the State of California. Sec. 8-5. The Council, or any board with the consent of the Council, may empower the City Attorney, at his request, to employ special legal counsel. -16- ARTICLE IX II City Clerk I I I I I I I I I I I I Sec. 9-1. It shall be the duty of the City Clerk: (A) To perform all duties imposed upon h i m by general law where not inconsistent with this charter or the ordinances of the City and to devote his entire tjme to the duties of his office. (B) To act as Clerk of the City Council and keep an accurate public record of the proceedings thereof, and also separate, properly indexed books in which, respectively, he shall record all ordinances and resolutions. (C) To have custody of the official Seal, deeds, leases, contracts and all records of the Council and such other official records as may be committed to his care. (D) To take affidavits and administer oaths, without charge, in all matters affecting the business of the City. (E) To appoint, discipline and remove, subject to Civil Service requirements, all employees and deputies in his office, subject as to all deputies, to the approval of the Council. ARTICLE X Boards Sec. 10-1. The following Boards are hereby established: Board of Education; Public Utilities Board; Civil Service Board: City Planning Board; Social Service Human Relations Board, Library Board. Sec. 10-2. Each of said Boards, except the Public Utilities Board, Social Service Human Relations Board and the City Planning Board, shall consist of five members. Upon nomination of the ~ayor, the Council shall appoint, between May 1 and July 1 of each year, one memb~r of each such Board for a term commencing on the first day of July following such appointment and continuing for four years, and thereafter until the successor of such member is appointed and qualified. Sec. 10-3. The Public Utilities Board shall consist of five members, one of whom shall be the City Manager, who shall have full power of participating and voting. Upon nomination of the Mayor, the Council shall appoint, between May 1 and July 1 of each year, one member of said Board for a term commencing on the first day of July following such appointment and continuing for four years and thereafter until the successor of such member is appointed and qualified. -17- I I Q I I I I I II Sec. 10-4. The So c ial Servic e Hum an Relations Board shall consist of nine membe rs. Upon nom ina tion of the Mayor, the Council shall appoint, between May l a n d ·J u ly ·l of each year; at least two members of such Board for terms commen cing on the first day of July fol.lowing such appo i ntmen t and c o nt inuing for 'four years and therea f ter until the suc c e ssor of s uc h member is appointed and qualified . Sec. 10 -4 .1 . The Ci ty P l ann ing Board shall consist of seven members. Upon nomin a tion of the Mayo r , the Council shall appoint, between Ma y 1 a nd J u l y 1 o f each y ear, such members as are necessary to maintain a f u ll Board, f o r t e r ms commencing on the first day of Ju l y fol l o wi ng s u ch appointme n t and continuing for four years and the r ea f te r until the s u ccessor of such member is appointed and qua l i fi ed ; p r o v i d ed , h o we v e r, that no more than two terms shall e x pi r e in any y ear other than by resignation of a member. S e c . 1 0 -5 . A vac a ncy in t he of f ic e of a member of any board shal l be fi lled fo r the unexpired term b y a nomination and appoint- ment in the manne r h e r ein ab ove se t for t h . Sec . 10 -6 . Al l mem bers of suc h boards shall, at the time of their app o i n tment an d c ontinuous l y du ring t heir incumbency, be elector s of t h e Ci ty . Sec. 10-7. Each person appo i n ted t o membership of any of said boards shall be pa rt i cularl y q ua l if ied t o discharge the functions of h is o ffi ce and , to tha t e nd: (A) One membe r o f the Public Uti lities Board shall be an electrical , civi l , mining or mec h an ical eng ineer. Sec. 10-8 . The members of such boar ds shall receive no compensation . Sec. 10 -9. A member o f a ny s uch b oa rd may be removed by the vote of four memb ers of the Co uncil . Sec . 10 -10. At i t s first meeting a ft er July 1 of each year, each such board s hall e le ct a P r esiden t , a Vice-President, a Secretary and such othe r o ff icers as it may desire. -- Sec. 10-11 . Ea ch o f said boards s ha ll have the power to establish ru l e s for i t s proceedings, appo i n t, discipline and remove (sub ject t o Civi l Se r v i ce r equi r eme nt s) its officers and employees a nd prescri be t h e i r duties and exercise all authority and perform all duties p rescribed by this charter and by general law or ordinances. -18- I I I I I I I I I I I Sec. 10-12. No position of emp l oyment with any right of compensation attached thereto shall be established under the jurisdiction of any said boards, ~xcept the Board of Education, the Public Utilities Board and the Library Board, except by action of the Council. Sec. 10-13. The votes of a majority of the entire member- ship of a board shall be necessary fo r ac t ion thereof. ARTICLE XI Board of Education Sec. 11-1. The Board of Education s h a l l control and manage the public schools in the City in a ccordance with the Constitution a n d general law of t he S t a te of California and is hereby vested with all the powe r s a n d c harged with all the duties provided by this Charter and by ge n eral l a w for governing boards of city school districts. Sec. 11-2. Notwithstanding any othe r provision of this Charter to the contrary, the matter s contained in this Section shall be controlling as to the Bo ard o f Ed ucation. Commencing April 15, 1969, and thereafter, the Boa r d of Education shall consist of five members elected by t h e qualified electors of the City at large, at the time , in t he manner, and with the qualifications provided elsewhere i n this Cha r ter for the quali- fication, nomination and election of o t he r elective officers of the City, and shall serve a term of f o u r years thereafter and until their successors are e l ec ted and q u alified. Of the five members of the Board of Education elected at the 1969 General Municipal Election, the three who receive the highest number of votes cast shal l ea c h se r ve an initial term of four years, and the two who receive the next two highest number of votes cast shall each serve an initial term of two years. At subsequent General Municipal Elections, ei th e r two or three members of said Board, as the case may be, sha ll b e elected for four-year terms to fill the va c ancies cause d by the e x pi r ation of the terms of the members . A vacancy on the Board of Educa ti on , ar i sing otherwise than as provided in Article XX, shall be fi l led by appointment by said Board, said appointee to hold office f o r the term provided in Section 2-8 of this Charter . After any va cancy in the office of member of said Board has continued fo r twe n t y-one days, the vacancy shall be filled by the Council . -19- I I I I I I I I I I I I It is hereby declared to be the intent of this section that the only changes to be effected by its terms are to make the Board of Education elective, rather than appointed, and to provide the manner in which the members thereof shall be elected. Except to the extent that they are inconsistent with the pro- visions of this section, other provisions of this Charter relating to the Board of Education and other elective officers shall apply to the Board of Education provided for by this section. ARTICLE XII Public Utilities Board Sec. 12-1. The Public Utilities Board shall have the power: (A) To control and manage all public utilities owned by the City used for the purpose of generating, distributing or selling gas or electricity or for the purpose of furnishing transportation. (B) To control and manage any City-owned public utility, the control and management of which shall have been delegated to the Board by the Council or the People. (C) To contract for the purchase of materials and supplies, subject to the provisions of Section 3-15 and 3-16 of this charter except as otherwise in this article expressly provided. In connection with such contracts the Board may exercise the powers conferred upon the Council by said sections. Sec. 12-2. The Board shall also have the power, without reference to advertising or competitive bidding: (A) To contract for the purchase, for not to exceed ten years, of gas, electrical energy or such other public utility service or commodity necessary for the operation of a public utility under the control and management of the Board. (B) To advertise and publicize the business of any public utility under its control and management . (C) To acquire full or joint use of poles, pipes, conduits and rights-of-way; and to acquire by lease or purchase in the name of the City real property necessary for its purposes. (D) To purchase out of a revolving fund goods, wares and merchandise to be resold for the purpose of increasing the public utility services or commodities under the control and management of the Board; provided, the total amount of money in such fund, together with the amount of money invested in such goods, wares and merchandise, shall not in the aggregate exceed the sum of $15,000 .00 . -20- I I I I I I I I I Sec. 12-3. The Board shall also have the power: (A) To sell obsolete or unnecessary personal property, subject to the consent of the Council on all sales exceeding the sum of three thousand dollars. (B ) To make any original co n struction of and any improve- ment to any utility under the control and management of the Board, and to do and perform any work for the City or any board thereof at cost; provided, however, if the Board shall elect to make any such original construction of or improvement to any such utility by contract, then the same shall be done subject to the provisions of Sections 3-15 an d 3-16, the Board exercising the powers conferred upon the Council i n said sections. (C) To fix rates for the services of all utiliti~s under its control and management . (D) To establish and abolish positions of employment under its control and fix the compensation and prescribe the duties thereof. No employee of the Board receiving compensation from it shall be, or within one year preceding his employment have been, a member of the Board . (E) To borrow, with the approval of the Council and not otherwise, not to exceed one hundred thousand dollars in the aggregate for capital investment. Money borrowed pursuant to this sub-section shall provide that the same may be repaid at any time and shall be repaid within twenty years from date thereof. (F) To invest the reserves provided for in Section 12-6 in bonds of the City, bonds of the United States, of the State of California, or of any county or municipality in the State of California. Sec. 12-4. The Board shall: (A) Keep books and records for each utility under its control and management in the manner prescribed by the California Railroad Commission or its successor in autho r ity, and all other fiscal records in the manner prescribed by the Auditor. (B) File with the Auditor and Counc il monthly and annual reports setting forth the financial and physical condition of the utilities under its control and management, accompanied by monthly and annual audits prepared by the Certified Public Accountant referred to in Section 3-7(C). (C) Maintain a store room and store room system, wherein a detailed record shall be kept of all materials received and issued in a manner satisfactory to and subject to the audit of the Accountant referred to in the next preceding sub-section. -21- II II II II II II (D) Prepa r e an d adopt an annual budget . Sec. 12-5. Neither the City nor the Board shall engage in any public utility bus i ness in which the City or the Board is not now engaged, e x cep t wi th the consent of the People expressed by a two-thirds vote . Sec . 12-6 . The Boa r d may r eta i n f r om earnings of public utilities under its ma n ag e ment and co ntro l in each fiscal year after payment of bond i nteres t and sin ki ng fund requirements and operating expenses e x clusiv e of dep r ec i ation, a sum equal to ten percent of the inv estment in F ixed Capital in Service of such utilities at the beg inn ing o f such fisc a l year , as a reserve for contingencies , r eplac eme nt s , r enewals, additions and improve- ments; provided, howe v e r, t h a t when t he amount of Working Capital (Current Accrued Asse t s less Cu r r ent Accrued Liabilities) at the end of such fiscal year sha l l be equivalent to or in excess of twenty-five per ce n t of the Fixed Ca p ital in Service as of the same date if an am o un t equal to fiv e per cent of Fixed Capital in Service at the beg i nning of t he fiscal year were retained, then and in s uch even t the sum retained for the fiscal year shall be reduced t o fi v e per cent of the Fixed Capital in Service at the beginni n g of the fiscal year. All earnings of such utilities fo r the fiscal year in excess of said payments and ret ainments shal l be transferred by the Board to the General Fund o f t he City , unles s the Council prior to the end of the fiscal y ear shall authori ze the Board to retain for said reserve a l ar ger percentage tha n above set forth. For the purpose of carrying out the provisions of this section the Board prior to the first day of each fiscal year shall make an estimate of the amount to be earned i n t h e fiscal year in excess of said payments and retainments and sa i d e x cess amount as estimated shall be t r ansferred to the Ge neral Fund of the City quarterly or as mutually agreed upon b etween the Board and the Council. Any balance of such excess amount for the fiscal year shall be transferred by the Board to the General Fund of the City on or before the first day of August next succeeding the end of said fiscal year. -22 - ARTICLE XIII Civil Service Board Sec . 13-1. The Civil Service Boa r d shall have power and it sha ll be its duty to admini ster the Civil Service System of the City . Sec. 13-2. The Council, on o r be fore July 1, 1938, shall establish by ordinance a Ci v i l S e r vice System for the City. Such ordinance , once a d op t ed , shall not be amended, except by vote of five members of t he Council and shall not be repealed, e xc ep t by the People . No position of employment, once placed under such Civil Service S y stem, shall be removed therefrom, except pursuant to such Civi l Service Ordinance or by vote of the People . Sec. 13-3. Any member of the Police or Fire Department who has been gra nted permanent status under the Civil Service rules of the City, shall if dismissed , have the rig~t to appeal to the Civil Service Board, which shall have the power to hear the charges and determine the penalty. The procedure for such ap-j?ea-1 shall be determined by the Civil Servi ce Ordinance, or in default thereof, by the Civil Service Board. ARTICLE XIV City Planning Board Sec. 14-1. The City Planning Board shall have such powers and duties as may be delegated by City ordinance. It shall have power to investigate and recommend plans for the future develop- ment, improvement and beautification of the City , including landscaping, planting and care of trees on public streets, parks and playgrounds, the improvement and development of harbor facilities, the location and improvement of public buildings and works and the subdivision and zoning of land. -23- I ARTICLE XV Social Service Human Relations Board Sec. 15-1. The Social Service Human Relations Board shall have the power: (A) To encourage the formation of private social welfare organizations to meet needs not already provided for and to foster all worthy philanthropic enterprises. (B) Such other duties and powers as may be delegated by ordinance. ARTICLE XVI Library Board Sec. 16-1. The Library Board shall have the power: (A) To control and manage the Public Library System of the City. (B) To expend for library purposes all moneys in the Library Fund, which fund is hereby created. (C) To make and enforce rules and regulations necessary for the administration, government and protection of the Library System and all property thereof. (D) To purchase necessary books, journals, publications and other personal property. (E) To borrow books from, rent books to and exchange the same with other libraries, and to extend library privileges to non- residents upon such conditions as the Board may prescribe. Sec. 16-2. On or before the second Monday in May of each year, the Library Board shall submit to the Council an itemized budget of the amount of money necessary for the administration of the Library System of the City during the next ensuing fiscal year. To the extent of seven cents on each one hundred dollars of assessed valuation, the Council shall, and as to any excess -24- thereover set forth in such est ima te the Counci l may, include in the next succeeding tax levy a nd appo rt ion to the Library Fund as received moneys for the p urpose s se t forth in such budget. Sec. 16-3. All fines and other money arising out of the administration of the Public Libr a ry Sys tem of the City or gifts or trusts therefor sha ll be deposited in the Library Fund. ARTICLE XVII F inanc e and Taxation Sec. 17-1. The fiscal year of the City shall commence on the first day of July of each ye ar a nd shall end on the next succeeding thirtie th day of J une. Sec. 17-2. On or before the second Mond ay in May of each year, each Board or of f icer hav ing supervision o r control of the expenditure of City funds , and e very officer or Board so directed by the City Manager shall tra n s mit to the City Manager detailed estimates of income and e x pend iture for the ensuing fiscal year. Sec. 17-3 . On or before the firs t Tuesday in August of each year, the City Manager shall transmi t to the Council a detailed budget showing the estimated revenues and expenditures of the City and all Departments thereo f f o r the ensuing fiscal year. Sec. 17-4. Not later than the t hird Tuesday in September of each year, the Council shall adopt a budget and fix the rate of City taxes to be levied and collected upon the property assessed for taxation within the lim i ts of the City, on the basis of the valuation thereof as shown by the assessment roll in the office of the City Assessor. Such rate, after allowing an appropriate percentage of the assessed valuati on for delinquencies must yield sufficient revenue for the fi n a ncial needs of the City for the current fiscal year . Sec. 17-5. Except i n the event of great necessity or emergency, and in such event only by ord inance reciting the same passed by the vote of not less than fou r memb e rs of the Council, or except when authorized by major i ty vote of t he People, the annual tax levy, e x clusive of sums necessa ry t o provide for interest and sink ing funds on t he City's b o nded indebt edness and to pay for str eet and sewer work, ma inte n a nc e and improve- ment of public parks , squar es and grounds , s a l ar i es of employees of the Fire Department and the moneys ap po rtioned to the Board of Education pursuant to Section 11-2 shall n o t exceed the rate of one dollar for each one hundred dollars' a ssessed valuation . -25- Sec. 17-6. The Council shall fix the tax rate by designating the number of cents levied on each one hundred dollars of assessed valuation of taxable property, specifying the portion of the whole which shall helong to any particular fund of the City, and designating also the portion thereof appropriated for each special purpose or for the bonded indebtedness of the City. If the Council shall fail to fix the tax rate within the time prescribed, the rate for the next preceding fiscal year shall thereupon be automatically adopted . Sec. 17-7 . Unless otherwise provided by ordinance, the levy and collection of City taxes shall be pursuant to general law for the levy and collection of State and County taxes, and to that end all duties required by general law to be performed by County officers shall be performed by the City officers performing similar duties. Every tax levied pursuant to law shall be a personal obliga- tion of the person to whom the property or the tax is assessed. Every tax shall be and constitute a lien on the property assessed and, as to taxes on personal property on the real property in this city of the person to whom the tax is assessed and, as to taxes on improvements, on the taxable land on which such improvements are located and, as to taxes on assessments of possessory interests, on the other taxable real property of the owner in this city. The time when taxes for any fiscal year becomes a lien on property is at noon on the first Monday in March preceding the beginning of the fiscal year for which the taxes are to be collected. Except as otherwise provided in this section, the personal obligation is satisfied and the tax lien removed when, but not before: (A) the tax is paid or legally cancelled, or (B) for non-payment of any taxes, the property is sold to a private purchaser or deeded to the City. After thirty years succeeding the time, heretofore or hereafter, when any tax becomes a lien, if the lien has not been otherwise removed, the lien ceases to exist and the tax is conclusively presumed to be paid. Sec. 17-8. All moneys received by any officer or employee of the City in his official capacity or be l onging to the City, and all moneys directed by general law or by this charter to be paid or deposited in the City Treasury shall be paid into the Treasury daily by the officer or employee receiving the same. -26- I Sec. 17-9. All charges, fees, corrunissions and percentages collected or received by any officer or employee of the City in the performance of any official duty as such officer or employee, or in the performance of the duties of any office held ex-officio, shall be the property of the City; provided that the Council may by ordinance provide that the Health Officer of the City shall be entitled to receive and retain the fees provided by law to be paid by the State o r County to Local Registrars of Vital Statistics for the registra ti on of birth and death certificates. Sec. 17-10. The Mayor, Auditor , and City Manager shall, together, count the money in the City Treasury at least once in every three months and ascertain t he amount of money on hand and make a written report thereof to the Council within five days thereafter showing whether the money in the City Treasury corresponds to the amount shown by the fiscal record of the City. Sec. 17-11. A Police Secret Fund in such amount as the Council may from time to time appropriate is hereby established under the sole control of the City Manager . It shall be withdrawable by him without reference to the auditing provisions of this charter. Such fund shall be expended by the City Manager and the Chief of Police under the direction of the City Manager for investigation and police work of a secret character and for no other purpose. ~emi-annually and at such othe~ times as the Council may require, the City Manager shall file with the Council his affidavit and the affidavit of the Chief of Police that all moneys expended out of the fund have been used for the purposes hereinabove set forth. Sec. 17-12. An Emergency Revolving Fund, the unexpended balance of which shall at no time exceed five hundred dollars, is hereby established. The Council shallappropriate to such fund from time to time such amounts as it deems proper. Such fund shall be expended for emergency purposes only upon demands signed by both the City Manager and the Auditor, but not other- wise appropriated, audited, allowed or approved. Said officers shall take receipts for all money expended out of such fund and at least quarterly shall file with the Council a detailed state- ment of such expenditures. Sec. 17-13 . The Co u ncil may provi d e for the establishment of a permanent revolv ing f und , to be known as the Cash Basis Fund, sufficient to place the business of the City upon a cash basis. -27- I I I I ARTICLE XVIII Franchises Sec. 18-1. Franchises may be granted for the use of any public utility of the streets, public places or property of the City upon such terms, conditions, restrictions and limitations as may be prescribed by ordinance, but no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred; nor for a longer period than twenty years unless there be reserved to the City the right to take over at any time the portion of such utility located within the City without compensation for the value of the franchise granted. ARTICLE XIX Municipal Elections Sec. 19-1. Municipal Elections held in the City of Alameda shall be classified as of two kinds: (A) General Municipal Elections; (B) Special Municipal Elections. Sec. 19-2. A General Municipal Election shall be held bi-annually on a day specified therefor by general law, or, if no date is so specified, on a date set by resolution of the City Council, in each odd numbered year. All other municipal elections shall be Special Municipal Elections. A Special Municipal Election may be called by ordinance or by resolution of the Council. Sec. 19-3. The provisions of the Elections Code and the Constitution of the State of California relating to the qualifi- cations of electors and voters shall govern in all municipal elections. Except as otherwise provided in this charter or in any ordinance enacted by the affirmative vote of four members of the Council, the provisions and procedure provided in the Elections Code and the general law of the State of California, now in effect and as hereafter amended or codified, for elections in chartered cities and municipalities generally, and in all respects not so provided, then the present and future provisions of said code or laws governing County elections generally, insofar as they may be applicable, shall govern all elections in this City. The Council and the City Clerk, respec- tively, shall exercise the powers and perform the duties conferred or jmposed by law on Boards of Supervisors and County Clerks, respectively, concerning elections. For the purpose of this article, all seats or positions on the Council shall be considered as a single office for which as many persons are to be selected as there are full and unexpired terms to be filled. -28- I No election, either general or special, shall be set aside for any error, irregularity Qr defect in the proceedings leading up to said election or in said election when the provisions of law governing the same are substantially complied with and where a fair expression of the will of the electorate is secured. Sections 19-4 through 19-11 repealed. Sec. 19-12. In case there is but one person to be elected to an office, the candidcte receiving the highest number of votes cast for that office shall be declared elected. In case there are two or more persons to be elected to the same office, then those candidates, equal in number to the number to be elected, who receive the highest number of votes cast for such office, shall be declared elected. Where full and one or more unexpired terms to the same off ice are to be filled, the candidates, equal in number to the number of officers to be elected for the full term, who receive the highest number of votes cast for such office, shall be declared elected for the full term; and the candidate who receives, or the candidates equal in number to the number of officers to be elected for unexpired terms who receive the next highest number of votes, shall be declared elected for the unexpired term or terms. If unexpired terms be of different duration, the c~ndidate who receives the highest number of votes shall be de~lared elected for the longer term. Sec. 19-13. In case of a tie vote, the City Council shall forthwith summon the candidates who have received such tie votes ~o appear before the Council at a time and place to be designated, and th~ Council shall at such time and place determine the tie vote by lot. Such summons shall, in every case, be mailed to the address of the candidate as it appears in his Nominating Petition, or delivered to him personally, at least five days b.efore the date fixed for the· determination of .such ·tie votes. -29- ARTICLE XX Recall Sec. 20-1. The holder of any elective office of this City may be recalled from off ice at any time by the qualified electors thereof, provided he has held his office for at least six months. The provisions of this article are intended to apply to officials now in office, as well as to those he r eafter elected. Sec. 20-2 . The provisions of the Elections Code and the Constitution of the State of California relating to the recall of elected officials shall govern the recall of all officials elected pursuant to this Charter. Except as otherwise provided in this Charter or in any ordinance enacted by the affirmative vote of four members of the Council, the provisions and procedures provided in the Elections Code and the general law of the State of California, now in effect and as hereafter amended or codified, for recall elections in chartered cities and municipalities generally, and in all respects not so provided, then the present and future provisions of said codes or laws governing County recall elections generally, insofar as they may be applicable, shall govern all recall elections in this City. The Council and the City Clerk, respectively, shall exercise the powers and perform the duties conferred or imposed by law on Boards of Supervisors and County Clerks, respectively, concerning recall elections. ARTICLE XXI Initiative and Referendum Sec . 21-1 . The Initiative and Referendum may be exercised by the qualified electors of the City in the manner provided by general law. -30- ARTICLE XXII Miscellaneous Sec. 22~1. No officer or employee of the City shall: (A) Become financially interested, except by testate or intestate succession, either directly or indirectly, in any contract or sale, purchase, lease or transfer of real or personal property to which the City is a party, or be employed by any public service corporation regulated by or holding franchises in the City. No officer or employee shall be deemed to be financially interested by the ownership of less than five per cent of the outstanding capital stock of a corporation. (B) Give, accept or promise anything of value for the purpose of procuring a nomination, appointment, election or employment. (C) Knowingly mislead any bidder by giving or withholding information. A willful violation of any of the foregoing provisions shall constitute misconduct. Sec. 22-2. Any contract or sale, purchase, lease or transfer of real or personal property to which the City is a 1 party and in which any officer or employee of the City is financially interested, directly or indirectly, except as provided in Section 22-1 (A), shall be voidable at the election of the d i. Council. J .[ Sec. 22-3. Every officer or employee who shall approve, allow or pay any demand on the Treasury, knowing that the sameL is not authorized and legally due, shall be liable to the City individually, and on his official bond for the amount of the ~ \ demahd so illegally approved, allowed or paid. .:;.,kv (r ... ." .. ~_!§: O""'\ V>M--~ ~~' ~~VJ,,~ Sec. 22-4. Any person convicted of a fe Yony or misconduct ~~ ~~;:-in office shall f or feit his off i ce or pos i t i on of employment. vr--[NO -pe r son who sfiall have bee n convicted o f a (felofilt' or miscortduct \~' in office shall ever hold any office or posit i on of employment • ~ _J i n tfies ervice of the City. ~· Sec. 22-5. All books, files and records of the City and ~rv of all boards and officers thereof shall be open to public ~·:;v inspection during usual business hours, unless secrecy of the \~ U contents of such books, files and records is necessary in the ~ public interest. / -31- Sec. 22-6. Repealed. Sec. 22-7. Traveling expenses shall not exceed actual cost of transportation, plus a reasonable per diem allowance, the latter to be fixed annually by the Council uniformly for all officers and employees. Traveling expenses, except for routine duties, shall be allowed only if authorized by the Coi..:ncil. Sec. 22-8. All public offices , except where otherwise provided by law, shall be open for business every day, except holidays, from 9:00 A.M. to 5:00 P .M., subject to the power of the Council to increase such hours f or the necessary accommodation of the public. Sec. 22-9. The compensation of elective officers of the City shall not be increased or decreased during their respective terms of office. This section shall not prohibit the increase or decrease of compensation of assistants or deputies. Sec. 22-10. The Council and all Boards of the City shall have power to accept gifts and trusts and control, manage, dispose of and otherwise administer the same in accordance with the terms thereof. Sec. 22-11. All real property acquired by the City shall be held in the name of "City of Alameda". -32- ARTICLE XXIII Schedule Sec. 23-1. This charter shall take effec t on July 1, 1937 . Sec. 23-2. All ordinances , r esolut i o n s a n d orders in force at the time this charter takes effe c t shall so remain in full force and effect unless contrary to the provisions hereof, subject to repeal and amendment. Sec. 23-3. All officers and emp l o y ees of the City at the time this charter takes effect shall c ontinue in off ice for the remainder of their respective terms (if fixed) or until removed as herein provided (if for an indefinite term), subject to all the provisions of this charter . Sec. 23-4 . All members of the Boar d of Public Utilities Commissioners elected in the year 1934 for four-year terms shall hold office until June 30 , 1939, a nd all members of said Board elected in the year 1936 shall h old office until June 30, 1941. Of the vacancies occur r ing June 30, 1939, one shall be succeeded to by the City Manager, one shall be filled by appointment for a term of four years and one by appointment for a term of one year , and the vacancies occurring June 30, 1941, shall be filled, one by appointment for a term of four years, and one by appointment for a term of one year . Upon taking effect of this charter , the City Manager shall become ex-officio a member of the P u blic Utilities Board with fullparticipating ~nd voting power . Sec. 23-5. The Boards and membe r s the reof na ,ed in the first column following shall be deemed t o be the successors to the Board~ and members thereof named in the second column following. All incumbents and members of Boards in the second column at the time this charter takes effect shall immediately assume and continue to hold the successor off ice for the remainder of their unexpired term~. Board of Education , successo r t o Boa r d of Educa tion . Library Board , successor to Boa r d o f Library Trustees . Public Utilities Boa r d, success or t o Bo ar d of P u b l ic Utilities Commissioners . Social Service Board successor to Boa r d o f Social Service . Sec . 23-6 . The adoption of this char t er s ha ll not affect the courts estab l ished by law a n d n o w e x is ting in t h e City . -33- ARTICLE XXIV Repealed. ARTICLE XXV Urban Renewal Sec. 25-1. Urban Renewal, area redevelopment pursuant to Federal or State aid shall not be adopted in the City of Alameda without a vote of the people. ARTICLE XXVI Multiple Dwelling Units Sec. 26-1. There shall be no multiple dwelling units built in the City of Alameda. Sec. 26-2. Exception being the Alameda Housing Authority replacement of existing low cost housing units and the proposed Senior Citizens low cost housing complex, pursuant to Article XXV Charter of the City of Alameda. -34- INDEX Section -A- ACCOUNTANT See Certified Public Accountant Auditor as ••••••••••• ADVERTISING 3ids, Culling for ••••••• Bulletin in Lieu of • • • • • ·.)fficial Newspaper, Council to designate • • • • • • • • Publication of Ordinances • • Public Utilities Board. • • • ?~sssss Jrz . . . • . . . . . • • . . • .. • • • . . . . Audi tor 2s ex-officio • • • • • • • • • Duties, Auditor to perform •••••• .~~~JDIT ~)~ 4-2 3-15 3-lJ 3-18 3-14 .12-2 2-1. 4-1 Accountant for City. • • • •••••• 4-2 Accounts, keeping • • • • • • • • • • 4-3 Bookkeeping system • • • • • • • • • • 4-4 Certificate Lu ...,u • .mcil • • • • • • • • 4-3 certific~te to Treasurer • • • • 5-3 Contracts, endorsement • • • • • • • • 4-7 Counting Lloney in treasury •••••• 17-10 Custody of books • • • • • • • • • • • 4-2 De~ands, payment • • • • • • • • • • • 4-5 Deputies und enployees • • • • • • • • 4-1 Duties • • • • • • • • • • • • • • • • 4-1 Elected • • • • • • • • • • • • • 2-1 Eraergency Revolving Fund ••••• 17-12 Ex-officio Assessor • • • • • • • • • 2-1 SulCTry • • • • • • • • • • • • • • • • 2-4 V2cancy, deputy to fill. • • • • • • • 2-10 \·larrc:.nts, pl:l.ymerl.:. • • • • • • • • 4-6 -35- (B) Page 11 9 9 20 2 11 11 11 11 11 12 12 27 11 1 1 11 11 2 27 2 3 4 11 BIDS -B- Expenditures over $1,000. • • •• Misleading bidders •••••••••• Official Newspaper • • • • • • • • • • Resident, preference ••••••••• BOARD OF EDUCATION See Boards Appointnents ••••••••••••• Established •••••••••••••• General law applicable. • • • • • • • Powers and duties. • • • • • • ••• Terras of office •••••••••••• DO ARDS Action, vote required ••••••••• Board of Education, membership •••• 3oard of Education, powers and duties •••••••••••• Dudget, submitting ••••••••• City Attorney legal advisor ••••• City Nanager Purchasing Agent for • • City Planning Board, membership ••• City Plunning Doard, powers and duties ••••••••••• Civil Service Board, membership ••• Civil Service Board, powers and duties •••••••••••• Compensation for positions under ••• Compensation for members • • • • • • Councilmen as mem0ers • • • • • • • • Establishment of • • • • • • • • • • Gifts, power to accept •••••••• Library Board, raernbership •••••• Li~rary Board, powers and duties ••• Hembers, must be electors •••••• Members, qualifications ••••••• ~e ~~ers, as officers of City ••••• ~atho, power to administer •••••• Officers, selectio~ ••••••••• Powers, may be conferred by Council. Public Utilities Board, membership •• Public Utilities Board, powers and duties •••••••••••• Removal of members. • • • • • •••• Rules, establishing ••••••••• Social Service Board, membership •••••••••••• Social Service Board, powers and duties •••••••••••• -36- Section 3-15 22-1 (C) 3-18 3-16 11-2 11-1 11-1 11-1 11-2 10-13 11-2 11-1 17-2 8-2 7-2 ( D) 10-4.1 14-1 10-2 13-1 10-12 10-8 3-9 10-1 22-10 10-2 16-1 10-6 10-7 /.-J.2 2-13 10-10 3-2 10-3 12-1 10-9 10-11 10-4 15-1 Page 8 31 9 9 19 19 19 19 19 19 19 19 25 16 13 18 23 17 23 19 13 7 17 32 17 24 18 18 4 4 18 5 17 20 13 18 18 24 Boards (Continued): Successor boards ••• Vacancy, appointraent. • • • • • • • • • • • • • • • • BONDS Certified Public Accountant to examine • • • • • • • • • • • City Attorney to approve ••••••• Council to fix • • • • • • • • • • • :Jfficial, failure to file ••••••• Preniu~s paid ny City ••••••• Unauthorized payments, liability on • BOU NDARIES OF CITY • • • • . . . . . . . . BUDGEri' see Finance and Taxation -C- CER'l'IFIED PUBLIC ACCOUl1TANT Compensation . . . . . . . . . . . . . D11ties • • • • • • • • • • • • • • • • Power to ad ~inister oaths • • • • • • Public Utilities 3oard reports •••• C ~UiR?E~, Effective Date • • • • • • • • • CHIEF OF FIRE DEPARTMENT See Fire Departraent Appointment and Removal • • ED?lo y ee~ discipline •••• . . . . . . . . . . CHIBF OF POLICE See Police Department Appointnent and Removal • • • • • • • Legal process, execution. • • • ••• Employees, discipline •••••••• CITY ATTORNEY Appointnent and Removal • • • Bonds, approval ••••••• Compens<:tion • • • • • • Contracts, approval ••••• Deputies and employees • • • Deputy to fill vacancy • • • . . . . . . . . . . . . . . • • • • Duties •••••••••••••••• Legal adv i sor for City ••••• Ordinances, drafting • • •••••• Qualifications • • • • • • • •••• Special Legal counsel • • • • • • -37- Section 23-5 11-2 3-7 8-3 3-7 2-9 3-7 22-3 1-1 3-7 3-7 2-13 12-4 23-1 ( c) ( E) (E) ( c) ( c) ( 3) 2-3,7-5 7-12 2-3,7-4 2-13 7-12 2-2 8-3 2-4 3-3 8-4 2-10 8-2 3-2 8-3 8-1 8-5 Page 33 19 5 16 5 4 6 31 1 6 6 4 21 33 2,15 15 2,15 4 15 2 16 3 16 16 4 16 16 16 16 16 CITY CLERK Appointment and Removal • • • • • • • Compensation • • • • • • • • • • • • Custody of contracts, etc •••••• Deputies and employees • • • • • • • Deputy to fill vacancy • • • • • • • Duties • • • • • • • • • • • • • • • Oaths, administering • • •••••• Ordinances, attesting ••••••• Records of City, keeping •••••• CITY ENGINEER Section 2-2 2-4 9-1 ( C) 9-1 ( E) 2-10 9-1 9-1 ( D) 3-11 9-1 ( C) Appointment and Removal ••••••• 2-3, 7-10 Duties, qualifications • • • • • • • • 7-10 Employees, discipline • • • • • • • •• 7-12 Street Superintendent, consolidation 7-11 CITY MANAGER Absence or disability of • • • • • • 3-7 (H) Appointment • • • • • • • • • • • • • 2-2 Boards, investigating proceedings • • 7-2 (M) Budget, preparation • • • • • • • • • 7-2 (L) Budget, submitting • • • • • • • • • 17-3 Chief Administrative Officer • • • • 7-1 2, Chief of Fire Department, appointment 2-3, 7-5 2, Chief of Police, appointment •••• 2-3, 7-4 2, City Engineer, appointment ••••• 2-3, 7-10 2, City Physician, appointment ••••• 2-3, 7-7 2, City Planning Director, appointment • 2-3, 7-11.1 2, Contracts, enforcement • • • • • • • 7-2 (H) Council meetings, attendance • • 7-2 (E) Counting money in treasury • • • • • 17-10 Emergency Revolving Fund •••••• 17-12 Employees, appeal on discipline • • • 7-12 Employees, rules for • • • • • • • • 7-2 (O) Fire Department, appointments • • • • 7-2 (K) Franchises, performance • • • • • • 7-2 (H) Full time, devoting • • • • • • • • 7-2 (N) Page 2 3 17 17 4 17 17 7 17 15 15 15 15 6 2 14 14 25 13 15 15 15 15 15 14 14 27 27 15 14 14 14 14 14 Golf Courses, supervision • • • • • • 7-2 (I) Health Officer, appointment ••••• 2-3, 7-6 Influencing or interfering with • • • 7-3 Officers and employees, supervision • 7-2 (C) Parks, supervision • • • • • • • • 7-2 (I) Police Department, appointments • • 7-2 (K) Police Secret Fund • • • • • • • • 17-11 Policies, recommending to Council • • 7-2 (F) Powers and duties • • • • • • • • • • 7-2 2, 15 14 13 13 13 27 14 13 -38- City Manager (Continued): Public property, supervision • • • • 7-2 (I) Public Utilities Board, me~ber ••• 10-3, 23-4 Purchasing Agent • • • • • • • • • • 7-2 (D) Qualifications • • • • • • • • • • 7-1 Removal • • • • • • • • • • • • • • 2-2 Salary • • • • • • • • • • • • • • 2-4 Street Superintendent, appointment • 2-3, 7-9 Technical advisory experts • • • • 7-2 (J) 9rry PHYSICIAN Appointment and removal • • • • • • Duties, qualifications ••••••• Employees, discipline ••••••• Health Officer, consolidation ••• CITY PLANNING BOARD See :aoards AppointncntD • • • • • • • • • • Established • • • • • • • • • • • • • • Membership, terms • • • • • • ••• Powers and duties • • • • • • • • • Planning Director, Secretary •••• CITY PLANNING DIRECTOR Appoint ~ents • • . . . . . . . . . . CIVIL SERVICE BOARD See Boards Appeals to • • • . . • • • . . • • • Appointments . . • • . • . • • • . . Civil Service System, administering Established . . . • • • • • • • • • Membership, terms . • • • • • • • • Powers . . . • . . . • • • . • • • • CIVIL SERVICE SYSTEM Administration . . • • • • • • • • • Council to adopt • • • • . . • • • . CLAIMS (Bills) Presenttltion and Allowance • • • • • CONFLICT OF INTEREST . . • . • • • • • . -39- 2-3, 7-7 7-7 7-12 7-3 10-2 10-1 10-2 14-1 7-11.1 7-11.1 13-3 10-2 13-1 10-J. 10-2 l3-l 13-1 13-2 4-5 22-1 (A) 14 17,33 13 13 2 3 2,15 14 2,15 15 15 15 17 17 17 23 15 15 23 17 23 17 17 23 23 23 11 31 CONTRACTS Auditor to endorse ••••••••• City Attorney to approve ••••• Custody, City Clerk •••••••• Enforcement by City Manager • • • • Financial interest of employees •• Letting, on bids • • • •••••• Public Utilities Board, purchases • Public Utilities Board, construction Written, when required ••••••• C:OUNCIL Action, how taken ••••••••• Action, vote required • • ••• Bids, awarding contract •••••• Boards, appointments ••••••• Boards, reraoval of meri\bers • • • • Bonds, fixing ••••••••••• Budget, adopting ••••••••• Bulletin in lieu of advertising • • Cash Basis Fund • • • • • • • • • • City Attorney, app~intment •••• City Clerk, appointment •••••• City Manager, appointment ••••• City Manager, to attend meetings Civil Service System ••••••• Compensation of Council~en • • • • Councilmen, number • • • ••••• Demands, allowance • • • ••••• Duties • • • • • • • • • • • • • • Energency, declaration of •••• Emergency ordinances • • • • • 4 Emergency Revolving Fund ••••• Employraent, establishing positions • Fr~nchises, granting • • • ••• Gifts, power to accept ••••••• Initiative and Referendum •••••• Investigations oy City Manager • • • Leasing for more than one year • • • Library Fund, budget •••••••• Mayor, elected ••••••••••• :Iayor, pro tern • • • • • • • • • Mayor, vacancy ••••••••• Heetings • • • • • • • • • • • • • • Meetings, Mayor to preside ••••• ~lotions, action by • • • • • • • • • Offices, establishing ••••• Official newspaper, designating •• Ordinances, passage • • • ••••• Organization • • • • • • • • • • • Pension System, establishing •••• Police Secret Fund • • • • • • • • • -40- Section 4-7 8-3 9-1 ( C) 7-2 (Ii) 22-~ 3-15 12-1 (C) 12-3 (B) 3-15 3-8 3-4 3-lS ;I.0-2 10-9 3-7 ( E) 17-4 3-10 17-13 2-2 2-2 2-2, 7-1 7-2 ( ~) 13-2 2-4 2-1 4-5 3..,.7 6-1 3-12 17-12 3-7 {G) 13-1 22-10 3-3 7-2 (G) 3-10 16-2 2-1 6-2 6-3 3-7 (B) 6-1 3-8 3-7 (G) 3-18 3-11 3-7 (A) 3-7 {I) 1.7-11 Page 12 16 17 13 31 8 20 21 8 7 5 8 17 18 ·6 25 9 25 2 2 2,13 14 23 3 2 11 5 13 7 27 6 28 ;32 5 14 7 24 2 13 13 5 13 7 6 9 7 5 6 27 I Council (Continued): Powers • • • • • • • • • • • • • • Powers and duties, conferring on Boards and officers • • • Public Utilities Board, appointments Public Utilities Board, borrowing • Removal of appointed officers • • • Resolutions, action by • • • • • • Salaries and Wages, fixing • • • • Social Service Board, appointments Special legal counsel • • • • • • • Special Meetings • • • • • • • • •• Tax Ra-t;:e, failure to fix • • • • •• Tax Rate, fixing •••••••••• Traveling expenses, fixing ••••• Vacancies, how filled ••••••• Vacations, providing for •••••• COUNCILHEN Absence creating vacancy • • • • • Attendance, compelling •• City Manager, influencing Special meetings, calling Vacancy, how filled ••• • • • • • . . . . . • • • • • • • • • • COUR'rS, Unaffected by Charter • • • • • -D- Dll.Y NURSERIES, Supervision ••• • • • • DEMANDS, Presentation and allowance . . -E- BT..,,ECTIONS Candidates elected • • • • • • • • • General Law applicable • • • • • • • General, when held ••••••••• Kinds • • • • • • • • • • • • • • • Recall, see Recall Special, calling ••••••••• Tie vote •••••.•••••••• EMPLOYEES Civil Service System ••••••• Continuing in off ice • • • • • • • Discipline, appeal • • • • • • • • Felony, forfeiting employment ••• Financial interest • • • • • • • • Misconduct • • • • • • • • • • • • -41- Section 3-1 3-2 10-3 12-3 (E) 2-2 3-8 3-7 (G) 10-4 0-5 3-7 (B) 17-6 17-4, 17-6 22-7 2-7 3-7 (D) 3~6 3-5 7-3 3-7 ( B) 2-7 23-6 15-1 ( D) 4-5 19-12 19-3 19-2 19-1 19-2 19-13 13-2 23-3 7 -12 22-4 22-1 {A) 22-1 Page 5 5 17 21 2 7 6 18 16 5 26 25,26 32 3 6 5 5 14 5 3 33 24 11 29 28 28 2 8 28 29 23 33 15 31 31 31 Employees (Continued): Pension system • • • • • • • • • • Residence • • • • • • • • • • • • Travel expenses • • • • • • • • • Vacations • • • • • • • • • • • • Unauthorized payments • • • • -F- FINANCE AND TF..XATION Auditor, charge of finances ••• Budget, City Manager to submit Budget, Council to adopt ••••• Cash Basis Fund. • • • • • • • • • Counting money in treasury • • • • Dollar limit • • • • • • • • • • • Energency Revolving Fund ••• Estiaates of departQent • • • • • Fees of Officers • • • • • • • • • Fiscal year • • • • • • • • • • • General Fund, transfers by Public Utilities Board ••• General Law applica~le • • • • • • Police Secret Fund • • • • • • • Tax rate, Council to fix ••••• Tax rate, failure to fix ••• Treasury, depositing funds in •• FIRi:: DEPAR':i'HENT Appointraents, City Manager •• Chief, appointment, removal ••• Discipline of members by Chief • • Discipline of nembers by City Manager Dismissal, appeal • • • • • • •• E1aergency, Mayor to cornnand • • • FIS CAL YEl~R . . . . FRANCHISES Conditions ••••••••• Granting, by ordinance ••• . . . . . . Terms • • • • • • • • • • • • • • Violations, City Manager to report -42- Section P?<Je 3-7 (I) 6 2-5 3 22-7 32 3-7 ( D) 6 22-3 31 4-2 11 17-3 25 17-4 25 17-13 27 17-10 27 17-5 25 17-12 27 17-2 25 17-9 27 17-1 25 12-6 22 17-7 26 17-11 27 17-4,17-6 25,26 17-6 26 17-D 26 7-2 ( K) 14 2-3,7-5 2,15 7-12 15 7-2 (C) 13 13-3 23 6-1 13 17-1 25 18-1 28 3-10 7 18-1 2J 7-2 (H) 14 Section -G- GENERAL FUND Transfers to, Public Utilities Board • 12-6 GENERl"\L LAW, when applicable . . . . . . . GOLF COURSE City !l an<tger to supervise . . . . . -H- irn_-i.LTH DEPART ::ENT Enployees, discipline of ••••••• Health Officer, appointment ••••• Tru.nsfer to County of Alameda • • • • -I E1\.LTII O FFIC~R 1-2 ( E) 7-2 (I) 7-12 7-6 3-19 Appoint ~ent and removal •••••••• 2-3,7-6 City Phy siciu.n, consolidation • • • • 7-8 Powers and duties • • • • • • • • 7-6 Qualifications • • • • • • • • • • • 7-6 -I- J:~TIT I.i\ T I'JE General lm1 u.pplicable Subn ission by Council -L- . . . . . . . Custody, City Clerk ••••••••• L~ngcr than one year • • • • • • • • P~~!ic Utilities Board • • • • • • • .:.OiilRl\RY ilJARD See i3ou.rds Appoint u cnts ••••••••••••• Budget • • • • • • • • • • • • • • • Esta~lished • • • • • • • • • • • • Fines, gifts, etc •••••••••• Library Fund created • • • • • • • • Library systen, control • • • • ••• Membership, terms •••••••••• Non-resident privileges • • • • • • • Powers • • • • • • • • Purchases • • • • • • Rules and regulations -43- . . . . . . . • • • . . . . . 21-1 3-3 9-1 ( c) 3-10 12-2 (C) 10-2 16-2 10-1 16-3 16-1 (B) 16-1 (A) 10-2 16-1 (E) 16-1 16-1 ( D) 1 6-1 (C) 22 1 14 15 15 9 2,15 15 15 15 30 5 17 7 20 17 24 17 25 24 24 17 24 24 24 24 -M- MAYOR Absence, Vice Mayor to act •••• Boards, nominations •••••••• Compensation • • • • • • • • • • • Council meetings, presiding ••• Counting money in treasury • • • • Elected • • • • • • • • • • • • • Funds for use of • • • • • • • • Official head of City • • • • • • Procla~ation, government by ••• Public Utilities Board, nominations Reraoval • • • • • • • • • • • • • -Social Service Board, nominations Special meetings, calling •••• Vacancy, how filled • • • • • • • I1ULTIPLE DWELLING UNITS Prohibited •••• • • • • • Exceptions • • . . . . . . . . . . ?lUNICIPAL AFFAIRS, Power over . . . . -o- Ol\'rH OF OFFICE Council to prescribe • • • • Failure to take • • • • • • • Filing with Clerk • • • • • • 01\.THS . . . . City Clerk to administer • • • • Who uay administer • • • • . . . OFFICERS Absent fron City •••••••• Appointed by City Manager ••• Appointed by Council • • • • • • Assessor, Auditor ex-officio •• Auditor, elective • • • • • • • Bonds • • • • • • • • • • • • • Bonds, failure to file ••••• Budget, su~mitting ••••••• Chief of Fire Department, appt. Chief of Police, appointmen~ •• City Attorney, appointment ••• City Clerk, appointment • • •• City Engineer, appointment ••• City Manager, appointment ••• City Physician, appointment •• -44- Section Page 6-2 13 10-2 17 2-4 3 6-1 13 17-10 27 2-1.1 2 6-4 13 6-1 13 6-1 13 10-3 17 2-2 2 10-4 1 8 3-7 (B) 5 6-3 13 26-1 34 26-2 34 1-2 l 3-7 ( F) 6 2-9 4 3-7 ( F) G 9-1 ( D) 17 2-13 4 2-9 4 2-3 2 2-2 2 2-1 2 2-1 2 .3-7 ( E) 6 2-9 4 17-2 25 2-3,7-5 2,15 2-3,7-4 2,15 2-2 2 2-2 2 2-3,7-10 2,15 2-2 2 2-3,7-7 2,15 Officers (Continued): City Planning Director, appointment Compensation • • • • • • • • • • • Compensation, increase and decrease Continuing in off ice • • • • • • • Councilmen, elected • • • • • • • Deputies as • • • • • • • • • • • Elective, term • • • •••••• Elective, who are •••••••• Fees, property of City •••••• Felony, forfeiting office •• Financial interest • • • • • • • • Fire Chief, appointment ••••• Health Officer, appointment ••• Ineligibility • • • • • • • • •• Hayer, elected • • . • • • • • • • Misconduct • • • • • • • • • • • Oath of Office, failure to take Oath of Office, filing •••••• Oaths, power to administer •••• Pension systcra for • • • • • • • • Recall, see ~ecall Reraoval • • • • • • • Residence • • • • • • • • • • • • Street Superintendent, appointment 7ax Collector, Treasurer ex-officio 7ravcling expenses • • • • • • • • Tre~surer, elective ••••••• Unauthorized payments, liability for Vacancies, how filled •••• Vacations • • • • • • • • • • l 1ll10 c::.re • • • • • • • • • • • • • JFFICES Business hours • • • • • • • • Deputy to fill vacancy • • • • Vacancy, election of successor Vacancy, filling • • • • • • • . . • • . . OFFICI.i\L um·TSPAPER Council to designate See Advertisin<J . . . . . . . DRDIHANCES Action of Council by • • • . . . . Araend1.1cn t . . . . . . . . . Attesting by City Clerk ••••• City Attorney to draft • • • • • • Effective date • • • • • • • • •• Emergency • • • • • • • • • • • • Enforcement, City Manager •• -45- Section 2-3,7-11.1 2-4 22-9 23-3 2-1 2-12 2-6 2-1 17-9 22-4 22-1 (A) 2-3 2-3 2-11 2-1.1 22-4 2-9 3-7 ( F) 2-13 3-7 (I) 2-2 2-5 2-3,7-9 2-1 22-7 2-1 22-3 2-7 3-7 ( D) 2-12 22-8 2-10 2-3 2-7 3-10 3-8 3-11 3-11 8-3 3-12 3-12 7-2 (B) Page 2,15 3 32 33 2 4 3 2 27 31 31 2 2 4 2 31 4 6 4 6 2 3 2,15 2 36 2 31 3 6 4 32 4 3 3 9 7 7 7 16 7 7 13 Ordinances (Continued) : Passage • . . . . . . . . . . . . . Publication . . . . . • . • • . Re-enactment and amendment Remaining in force . . • • . . Submitting to electorate ... When necessary . . . • . . . . . . PARKS City Manager to supervise PENSION SYSTEM Council to establish PLANNING See City Planning POLICE DEPARTMENT Chief, appointment, removal .• Discipline of members by Chief Discipline, by City Manager .... Dismissal, appeal ..... Emergency, Mayor to command .... Police Secret Fund . . • . POWERS Conferring Horne Rule Municipal Of City . Vested in by Council Affairs . . Council . PUBLIC PROPERTY City Manager to Supervise PUBLIC UTILITIES BOARD See Boards Advertising . . . . . Appointments Borrowing money . . . . . Budget, adopting . . . . . City Manager as Member City Manager ex-officio member Construction work . . . . . . Contracts . . . . . . . Duties . . . . . . . Earnings, disposition . . Employees, control over . -46- . . . . . . . . . . . . . . . . . . . . . . Section 3-11 3-14 3-13 23-2 3-3 3-10 7-2 (I) 3-7 (I) 2-3,7-4 7-12 7-2 (C) 13-3 6-1 17-11 3-2 1-2 1-2 1-2 3-1 (D) 7-2 (I) 12-2 (B) 10-3 12-3 (E) 12-4 (D) 10-3 23-4 12-3 (B) 12-1 (C) 12-4 12-6 12-3 (D) Page 7 8 8 33 5 7 14 5 2,15 15 13 23 13 27 5 1 1 1 5 14 20 17 21 22 17 33 21 20 ;n 22 21 Public Utilities Board (Continued) : Engineer as member . . . . . Established . . . . . . . . . . General Fund, transfers to . . . Membership, terms . . . . . Powers . . . . . . . . . . . . . Powers without competitive bids Purchases . . . . . . . Rates, fixing . . . . . . . . . Real property, acquisition . . . Records . . . . . . . . Reports to Council . . . . . . . Reserve for contingencies . . . Reserves, investment . . . . . . Revolving Fund, purchases . . . Sale obsolete property . Store room system . . . Terms, expiration . Utilities, control and management Utilities, engaging PUBLIC WORKS Bids . . . . . . . • Council may do . Emergency in . . Preference for residents . PURCHASES . . . Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Manager Purchasing Agent ••• Open market . . . . . • Preference for residents . . Public Utilities Board . REAL PROPERTY Acquisition or transfer by ordinance Financial interest of officer .. How held . . . . . . . . . . . • . . Leasing . . . . . . . . . . . . . . Public Utilities Board, acquisition. RECALL Officers subject to Procedure . . • . • RECORDS Inspection . . . . . . . . . . . . -47- Section 10-7 (A) 10-1 12-6 10-3 12-1 12-2 12-1 (C) 12-3 (C) 12-2 (C) 12-4 (A) 12-4 (B) 12-6 12-3 (F) 12-2 (D) 12-3 (A) 12-4 (C) 23-4 12-1 (A) 12-5 3-15.1 3-15 3-15 3-17 3-15.1 7-2 (D) 3-15 3-16 12-1 (C) 3-10 22-2 22-11 3-10 12-2 (C) 20-1 20-2 22-5 Page 18 17 22 17 20 20 20 21 20 21 21 22 21 20 21 21 33 20 22 8 8 8 9 8 13 8 9 20 7 31 32 7 20 30 30 31 REDEVELOPMENT PLAN • • . . • • • • • • • REFERENDUM General law applicable • . Submission by Council . RESOLUTIONS Action of Council by SCHOOLS See Board of Education SOCIAL SERVICE BOARD See Boards Appointment Established Membership, terms . Powers . . . . . SUPERINTENDENT OF STREETS -s- . . . Appointment and removal . • . . . . • City Engineer, consolidation •••. Employees, discipline by City Manager Employees, discipline by Superintendent -T- TAXATION See Finance and Taxation TAX COLLECTOR Treasurer as . . . . . . • . . . . Duties, Treasurer to perform . TREASURER Compensation . . . . . . Deputy to fill vacancy • Elected • . . . . • . Empioyees and deputies • Ex-officio Tax Collector . • . . . . Payment of money . . . . • . . • • • Receipt of money . • . • Tax Collector, duties -48- Section 25-1 21-1 3-3 3-8 10-4 10-1 10-4 15-1 2-3,7-9 7-11 7-2 (C) 7-12 2-1 5-1 2-4 2-10 2-1 5-1 2-1 5-2 5-3 5-1 34 30 5 7 18 17 18 24 2,15 15 13 15 2 12 3 4 2 12 2 12 12 12 -u- URBAN RENEWAL. • • • • • • . . . UTILITIES, Engaging in .•... . . . . See Public Utilities Board -v- VACATIONS Council to fix . • . • . . . . . . . -w- WARRANTS Payment of money upon • . . • . • • . When drawn . . . . . . -z- ZONING City Planning Board .... . . . . . -49- Section 25-1 12-1 (A) 3-7 (D) 5-2 4-6 14-1 34 20 6 12 11 23