San Bernardino Mayor and Common Council Resolution 2000-232 (Reso for Measure M)

See Companion Resas. 2000-231, 2000-

233, 2000-247) I

RESOLUTION NO. 2000- 232 2 RESOLUTION OF THE CITY OFSAN BERNARDINO

PROPOSINGA

NEW CHARTER. J4BE IT RESOL VED BY THE MAYOR AND COMMON COUNCILOF THE CITY OF SAN

BERNARDINO

AS FOLLOWS: 5 6

SECTION I. Recitals.7 In accordance with the Constitution of the State of California, theCity

of San a)8Bernardino. a municipal corporation, has

adopted a Charter.9b)The Mayor and Common Council of the Cityof San Bernardino desire

to submit to10 the qualified electors for their consideration a new Charter for the City of SanBernardino, a copy 11of which is attached hereto and is hereby incorporated herein as though

fully set forth, 12 SECTION2. Submittal to Electors. The attached proposed new Charter of the

City ofSan 13 Bernardino is submitted to the qualified electors of the City of San Bernardino for

their approval or rejection at the consolidated special municipal election to beheld on Tuesday,

November 7, 2000,1 f approved by the qualified electors, upon the Adoption Date, the provisions of

the new Charter shall be in full force and effect under the law, The current Charter is herebyrepealed by operation of law upon the Adoption Date, except that (1) Charter Section 41 is not

repealed

nor

otherwise

14

15 16 17 18 amended bythe new Charter and said Charter Section 41 shall continue in full force and

eftixt in the19 new Charter numbered as Section 2003 (System for Assessment, Levy, and

Collection of Taxes);20 2) Charter Section 134 and Charter Sections 160 through 171, inclusive, are

not repealed nor 21 otherwise amended by the new Charter and said Charter Section 134 and

Charter Sections 160 22 through 171, inclusive, shall continue in full force and effect in the newCharter numbered as7'Sections 1200 through 1212, inclusive, inArticle XII (Water Department); and (

3) Charter Sections 190, 191 and 192 are not repealed nor otherwise amended by the new Charterand said Charter Sections 190. 191 and 192 shall continue in full force and effect in the new

Charter

numbered

as 24 25 26 Sections 1400, 1401 and 1402 in

Article X IV,27

PROPOSED NEW CHARTER. 28 It is proposed that the proposed new Charter submitted by the Mayor

andCommon Council

2000-

232 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSINGANEW

CHARTER.

3 of the City of San Bernardino, attached hereto. be adopted by the qualified electors of the City of San

4 Bernardino as the Charter of the City of San Bernardino.

5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and

6 Common Council of the City of San Bernardino at a Joint Special meeting thereof, held on

7 4th day of August 2000, by the following vote, to wit:8

COllncil Members:9

ESTRADA 10

LIEN 11

MCGINNIS 12

SCIINETZ 13

SUAREZ 14

ANDERSON 15

MCCAMMACK 16

17

AYES

NAYS ABSTAIN ABSENT x

x

x

x

x

x

x

1

C' . j...,J'\~ 0~t ,,,/ ~ iVL/~ CITY CLERK- 18 19The foregoing

resolution

is hereby approved this ~'Th dayof August2000,

22 20 21 7'

24

Approved

as

toform

and legal Content: 25 JAMES F, PENMAN, 26

CityAttorney 27 28

d.. ,~ "'h d\. t X*~*

PROPOSED

CHARTER lltIE;--------------------------CITY

OFSAN

BERNARDINO uooj

E0ojui

I

I-UJ

UJl-i::::Tobe

submittedtotheElectors

Tuesday, November7,

2000

Proposed Charterfor the City ofSan BernardinoTable ofContents

CHARTER OF THE CITY OF SAN BERNARDINO

TABLE OF CONTENTS

Preamble

ARTICLE IINCORPORATION ANDSUCCESSION

Sec. 100. Name and BoundariesSec. 101. Succession to rights, property, and

liabilities

ARTICLE IIPOWERS OF CITY

Sec. 200. Generally ISec. 201. Intergovernmental actions 2

ARTICLE IIILEGISLATIVE BRANCH 2

Sec. 300. Common Council 2Sec. 301. Creation of Wards 2Sec. 302. Eligibility to hold office 2Sec. 303. Term of office 2Sec. 304. Powers 3Sec. 305. Ordinances, resolutions, and orders 3Sec. 306. Committees of the Common Council 4Sec. 307. Communication with management 4Sec. 308. Meetings 4Sec. 309. Mayor to preside 5Sec. 310. Employees of Common Council 5

ARTICLE IVEXECUTIVE BRANCH 5

Sec. 400. The Mayor 5Sec. 401. Eligibility to hold office 5Sec. 402. Term of office 5Sec. 403. Powers and duties 6Sec. 404. MayorPro- Tempore7 Sec. 405. City Administrator7 Sec. 406. Police and Fire Departments8 Sec. 407. Police Department - Membership 8Sec. 408. Chief of Police - Duties8 Sec. 409. Fire Department - Membership 8 ARTICLE V

CITY CLERKSec. 500.

The City Clerk 8 Sec. 501. Eligibility to hold office 8Sec. 502. Term of office 9Sec. 503. Deputy City Clerks and other employees 9Sec. 504. Powers and duties 9 ARTICLE VI

CITY ATTORNEYSec. 600.

The City Attorney Sec. 601. Eligibility Sec. 602. Deputy City Attorneys and other employees Sec.

603. Duties Sec. 604. Prohibition against private practice Sec. 605. Outside legal counsel ARTICLE VII

CITY TREASURERSec. 700.

The City Treasurer ARTICLE VIII

VACANCIES Sec. 800.

Vacancies and forfeiture of office Sec. 801. Filling vacancies in elected offices Sec. 802. Filling vacancy in the Office of the Mayor ARTICLE

IX

ELECTIONS Sec. 900.

General municipal elections Sec. 901. Run- off municipal elections Sec. 902. Special municipal elections Sec. 903. Election dates Sec. 904. Procedures for holding elections8

10

10

1010

10111111

11

11

II

II12

12

12

12121313

Proposed Charterfor the City ofSan BernardinoTable of Contents

ARTICLE XVIIICITIZEN ADVISORY COUNCILS 19

13

Sec. 1800. Enabling clause 191313 ARTICLE XIX13 PERSONNEL 1914

Sec. 1900. Personnel systern 19Sec. 1901. Civil Service Board of Appeals 20

14 Sec. 1902. Non- discrimination20 Sec. 1903. Nepotisrn

20 14 Sec. 1904. Compensation

21 14 ARTICLEXX

FISCAL 15 ADMINISTRATION

21 Sec. 2000. Fiscal year21 Sec. 2001. Budget

21 15 Sec. 2002. Budget Message21 Sec. 2003. Reserved

22 15 Sec. 2004. Independent Audit2215 16 ARTICLE

XXI 17 TRANSITION

2217 Sec. 2100. Adoption date and operative date

22 17 Sec. 210 1. Officers, employees, boards, and commissions

22 Sec. 2102. Initial salariesof elected officers

24 18 Sec. 2103. Municipal laws and regulations24 Sec. 2104. Previous personnel system

2518 Sec. 2105. Safety Employees' salaries25 Sec. 2106. Previous charter sections treated

as 18 ordinances25 Sec. 2107. Effectiveness and repeal

offormer charter26 18 Sec. 2108. Eliminationof transition provisions

26 18 ARTICLEXXII 18 MISCELLANEOUS

26 Sec. 2200. Oathof office26 18 Sec. 2201. Official bonds

26 Sec. 2202. Conflictsof interest and ethics26 18 Sec. 2203. Prohibition against holdingother 19 office orcity positions

2719 Sec. 2204. Deliveryof books , papers, and

property to successors 27Sec. 2205. Effect of invalidity in part 27Sec. 2206. Violation of charter 27

APPENDIX

ARTICLE XINITIATIVE, REFERENDUM,AND RECALL

Sec. 1000. GenerallySec. 1001. InitiativeSec. 1002. ReferendumSec. 1003. Recall

ARTICLE XIBOARDS AND COMMISSIONS

Sec. 1100. CreationSec. 1101. Appointment and removal of

members

ARTICLE XII - RESERVED ARTICLE

XIII BOARDOF LmRARY TRUSTEES Sec.

1300. Creation Sec. 1301. Membership Sec. 1302. Powers and duties Sec. 1303. Library Fund Sec. 1304. Title to property ARTICLE

XIV - RESERVED ARTICLEXV

PLANNING COMMISSIONSec. 1500.

Creation Sec. 1501. Powers ARTICLE XVI

CHARTER REVIEWCOMMITTEE Sec. 1600.

Creation Sec. 1601. Duties and procedure ARTICLE XVII

SALARY COMMITTEESec. 1700.

Creation Sec. 1701. Duties and procedures Sec. 1702. Effective date ofchanges in compensation

Proposed Charterfor the City ofSan Bernardino

SAN BERNARDINO CI1lY CHARTER

PREAMBLE.

We, the ctl1zens of San Bernardino, do hereby establish this Charter to promoteeconomic, environmental, and cultural prosperity throughout our community; to enable our citygovernment to meet the needs of the people effectively and efficiently; to provide foraccountability and ethics in public service; and to ensure equality of opportunity for everyresident.

ARTICLE I. INCORPORATION AND SUCCESSION.

Sec. 100. Name and Boundaries.The municipal corporation now existing and known as the City of San Bernardino shall

remain and continue as a municipal corporation under its same name. The boundaries of the Cityshall be the boundaries as established at the time this Charter is adopted, or as the boundariesmay be changed thereafter in the manner authorized by law. (A map of the existing boundaries isincluded in the appendix.)Sec. 101. Succession to rights, property, and liabilities.

The City shall remain vested with all rights and privileges of every kind and naturevested in the City at the time this Charter is adopted. The City shall continue to own, possess,and control all property of every kind and nature owned, possessed, or controlled by the City atthe time this Charter is adopted. The adoption of this Charter shall not abrogate, limit, orotherwise affect any existing debt, obligation, contract, lawsuit, or other liability on behalf of oragainst the City.

ARTICLE II. POWERS OF CITY.

Sec. 200. Generally.The City shall have all powers and rights possible for a charter city to have under the

constitution and laws of the State of California as fully and completely as though they werespecifically enumerated in this Charter, subject only to the limitations contained in this Charter.The City shall have the power to make and enforce all laws and regulations regarding municipalaffairs, subject only to such restrictions and limitations that may be provided in this Charter orthe Constitution of the State of California. The City shall have the power and may act pursuantto any procedure established by state law, unless a different procedure is established by thisCharter or by ordinance of the City. The powers and rights of the City shall be construedliberally and in favor of the City, and the enumeration of any particular power or right in this

PAGE I OF 27


Charter shall not be construed to be exclusive of, or as any limitation on, the general powers orrights granted in this article.

Sec. 201. Intergovernmental actions.The City may exercise any of its powers or perform any of its functions, and may

participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with anyone or more cities, counties, states, foreign countries or civil divisions or agencies thereof, or theUnited States or any of its agencies.

ARTICLE III. LEGISLATIVE BRANCH.

Sec. 300. Common Council.There is hereby created the Common Council to exercise the powers provided for the

Common Council in this Charter. The Common Council shall be comprised of seven ( 7) electedoffices, the members of which shall be elected from wards by the voters in the ward, in themanner provided in this Charter.

Sec. 301. Creation of Wards.The City shall be divided by ordinance into seven ( 7) wards, designated as First Ward,

Second Ward, Third Ward, Fourth Ward, Fifth Ward, Sixth Ward, and Seventh Ward. Theboundaries of the wards shall be reviewed at least every ten (10) years upon completion of thefederal decennial census or more frequently as may be determined necessary. Boundary changesshall not be made more than once in any two ( 2) year period nor within ninety ( 90) days of anygeneral municipal election. The boundaries of each ward shall be adjusted by the CommonCouncil as necessary to provide for substantially equal numbers of residents in each ward.Boundary adjustments during the term of any member of the Common Council shall not result inthe loss of any member's eligibility to hold office during such term. In establishing orchanging the boundaries of the wards, consideration shall be given, but is not limited, to thefollowing factors: continuity, integrity, cohesiveness, and compactnessof territory; and generaltopography and

geography. Sec. 302. Eligibility to holdoffice. To be eligible to hold office asamember of the Common Council, a person must be

a citizen of the United States, a qualified elector of the City, andaresident of the ward fromwhich the person is elected. Allof these eligibility requirements must be satisfied at least

twenty- nine 29) days prior to the date of filing nomination papers for election to officeand continuously thereafter during the term

of office. Sec. 303. Termof office. Members of the Common Council shall be elected to serve for a term of four (

4) years. The term shall begin on the first meeting of the Common Council in Marchfollowing the Councilmember' s election, or if the Councilmember is electedata run-off

election, then on the


first meeting at which the election results are certified. The term shall continue until a successoris elected and qualifies.

Sec. 304. Powers.

Except as otherwise provided in this Charter, all powers of the City are vested in theCommon Council. All legislative power of the Common Council shall be exercised byordinance or resolution, subject to the approval of the Mayor as set forth in this Charter. Allother powers of the Common Council may be exercised by order or resolution, where notinconsistent with this Charter or ordinances of the City, and subject to the approval of the Mayoras set forth in this Charter. Upon the affirmative vote of at least five ( 5) members of theCommon Council, the Common Council may make formal investigations into the affairs of theCity, or the conduct of any city department, office, agency, board, or commission by compellingthe attendance and testimony of city employees, officers, or other persons, or by compelling theproduction of documents or evidence. Upon the affirmative vote of at least five ( 5) members ofthe Common Council, the Common Council may issue subpoenas in the name of the City, whichshall be attested to by the City Clerk. Disobedience of a subpoena issued by the CommonCouncil shall constitute a misdemeanor and shall be punished in the same manner as violationsofthis Charter are punished.

Sec. 305. Ordinances, resolutions, and orders.No order, except to adjourn for lack of quorum or compel the attendance of a quorum,

and no ordinance, or resolution, shall be valid unless it receives the affirmative vote of at leastfour (4) members of the Common Council.

A. Procedures. Except as expressly provided in this Charter, the requirements forthe introduction, consideration, adoption, and effective date of ordinances, including allpublication and notice requirements, shall be governed by state law.

B. Approval by Mayor. Except as expressly provided in this Charter, no ordinance,resolution, or order shall take effect without the approval of the Mayor. For orders, the approvalof the Mayor is presumed unless at the meeting at which the order is passed, the Mayorannounces disapproval and the reasons therefor. All ordinances and resolutions must besubmitted in final form to the Mayor for approval. The Mayor's approval of an ordinanceor resolutionis presumed unless within five ( 5) business days from the dateof submittal, theMayor disapproves the ordinance or resolution and provides written reasons therefor. Approval ofthe Mayor shall not be required for emergency ordinances or quasi- judicial decisionsof the

Common Council.C. Override by Common Council. Any ordinanceorresolution disapprovedby the Mayor shall take effectas if approved by the Mayor upon the affirmative vote of at leastfive (5)members of the Common Council no later than the next regularly scheduled meetingof the Common Council after the Mayor' s disapproval. Any order ofthe Common Council disapproved by the Mayor, shall take effect as if approved by the Mayor,

upon the affirmative PAGE


vote of at least five ( 5) members of the Common Council at the same meeting of the CommonCouncil at which the order is disapproved.

D. Approval and override in Community Development Commission. When,pursuant to state law, the Mayor and Common Council have designated themselves as theCommunity Development Commission of the City, the Mayor shall have the power of approvalof all orders and resolutions of the Commission, in the same manner as the Mayor has in theCity, subject to the power of the Commission to override any disapproval, in the same manner asthe Common Council has in the City.

E. Date of adoption. For ordinances and resolutions, the date of final adoption shallbe deemed the earlier of the date of approval by the Mayor, or the date when the time for theMayor'sdisapproval expires, or the date the Mayor's disapproval is overridden bythe Common Council. For orders of the Common Council, or in those cases where the Mayor's approval is not required, the date of final adoption shall be deemed the date of adoptionby

the Common Council.Sec. 306. Committees ofthe Common Council.The Common Council may by ordinanceor resolution establish

committees composed of less than a quorum of the Common Council, to assist the Common Councilin exercising its powers. The role of the committees is to become fully informed of the business ofthe City and to report to the Common Council any information or recommendations necessaryto enable the Common Council to properly legislate. Approval of the Mayor pursuant to Section305 of this Charter shall not be required for any actionof the Common Council

under this section.Sec. 307. Communication with management. For purposes of inquiry and discussion relatedtornanagement and

administration of the City, matters related to constituents, and pending legislative matters, membersof the Common Council may communicate with the City Administrator, department heads, agency heads, or other officers of the City. Members of the Common Council shall have no powerto give any orders, publicly or privately, to the City Administrator or any subordinate of the Mayor, or to any department or agency head, or subordinate of the department or agency head; nor shall members of the Common Council attempt to coerce or improperly influence the lettingof any contract, purchase of supplies, orany other administrative action. Membersof theCommon Council shall have no power to order any subordinate of the Mayor, department head, agencyhead, or other officer, either directly or indirectly, to appoint, employ, discipline, demote, suspend, or dismiss any employee

of the City.Sec. 308. Meetings. Except as expressly provided in this Charter, the notice, conduct, and

procedures for all meetings of the Common Council shall be governed by state law. TheCommon Council shall provide by resolution for the order of business and the rules of procedure forthe conduct of meetings of the Common Council. The time and place of the regular meetings

of the Common PAGE

Proposed

Charter forthe City of San Bernardino Council

shall be established by ordinance of the City. Special meetings may be called by the Mayoror a majority of the members of the Common Council. A majority of all members of the CommonCouncil shall constitutea quorum to do business. The Common Council may establish rulesfor conduct of its meetings and proceedings, and may order the removal of any member or otherperson for disrupting the meeting or failing to comply with orders of the person presiding atthe meeting. Except for procedural motions or motions approved by unanimous vote, the ayes andnoes of all votes of the Common Council shall be recorded and entered in the minutes of the meeting.Sec.

309. Mayor to preside. TheMayor shall preside at all meetings of the Common Council, but shall not be entitled to

vote. In the absence of the Mayor, the Mayor Pro-Tempore shall preside, shall have the samepower as the Mayor to disapprove any order ofthe Common Council, and shall retain the right tovote as a member of the Common Council. In the absence of both the Mayor and the Mayor Pro-Tempore, the Common Council may choose one (I) member of the Common Council to preside,who shall retain the right to vote as a member of the Common Council but shall not have thepower to disapprove orders of the Common Council.

Sec. 310. Employees of Common Council.Notwithstanding any other provision of this Charter, the Common Council may appoint,

discipline, remove, and prescribe qualifications and duties for employees that directly serve theComrnon Council. Approval of the Mayor, pursuant to Section 305 of this Charter, shall not berequired for any action of the Common Council under this section.

ARTICLE IV. EXECUTIVE BRANCH.

Sec. 400. The Mayor.There is hereby created the Office of the Mayor to exercise the powers and duties

provided for the Mayor in this Charter. The person elected to hold the Office of the Mayor shallbe elected by the voters of the City, in the manner provided in this Charter, and shall devote hisor her entire time to the duties of the office.

Sec. 401. Eligibility to hold office.To be eligible to hold the Office of the Mayor, a person must be a citizen of the United

States, a qualified elector of the City, and a resident of the City. All of these eligibilityrequirements must be satisfied at least twenty- nine ( 29) days prior to the date offiling nomination papers for election to office and continuously thereafter during the termof

office. Sec. 402. Term ofoffice. The person elected to hold the Office of the Mayor shall be elected to serve for a term

of four ( 4) years. The term shall begin on the first meeting of the Common Council inMarch following the Mayor's election, or if the Mayor is elected ata run-off election, then

on the first PAGE


meeting at which the election results are certified. The term shall continue until a successor iselected and qualifies.

Sec. 403. Powers and duties.

Except as otherwise provided in this Charter, management and administrative authority ofthe City is vested in the Mayor, who shall be the Chief Executive Officer of the City. The Mayorshall be accountable to the People for the proper and efficient administration of all affairs of theCity, for providing leadership and taking issues to the People, and for marshaling public interestin and support for municipal activity. The Mayor shall execute, uphold and cause theenforcement of all laws and ordinances of the City. In fulfilling the obligations of the office, theMayor shall specifically, but not by way oflimitation, have the power and duty to:

A. Exercise management authority, including the delegation of discretionaryfunctions over all departments, agencies, and employees of the City.

B. Observe the conduct of all public officers in the execution of their powers andduties, and protect the public interest by reporting to the Common Council anywillful neglect of duty or official misconduct for action in accordance withapplicable laws.

C. Appoint, discipline, remove, and prescribe qualifications and duties for employeesof the Office of the Mayor, as may be needed to perform the duties and carry outthe responsibilities of that office.

D. Appoint and prescribe qualifications and duties for department heads, agencyheads, and other non-elected officers of the City, subjectto confirmation bythe Common

Council. E. Discipline and remove from office any department head, agency head, orother non-elected officer of the City, except employees serving at the pleasureofan elected official or other

city officer.F. Approve or disapprove, within five (5) business days, theappointment, discipline, or removal ofan employee appointed by any department head, agencyhead, or other non- elected officer of the City, subject to thepersonnel system adopted pursuant

to this Charter. G. Ensure thatall contracts and agreements with the City are faithfullykept

and fully performed.H. Make recommendations to the Common Council concerning theaffairs of the City and, at least once per year, publicly address the CornmonCouncil on the state

of the City. PAGE


I. Actively promote economic development to broaden and strengthen thecommercial and employment base of the City.

J. Prepare and submit an annual budget for the City to the Common Council forconsideration, and keep the Common Council fully advised as to the financialcondition and future needs of the City.

K. Represent the City in all intergovernmental relations and for all ceremonialpurposes.

L. Declare a local emergency and coordinate the City's emergencyresponse activities inaccordance with procedures established by

ordinance. M. Issue executive orders, in writing, to establish procedures and implementpolicies consistent with this Charter and ordinances of the City. Any executive orderoramendment thereof may be rescinded by an affirmative vote of at least five (5)members of the Common

Council. N. Perform other duties and functions as are specified 10 this Charter orby ordinances of the

City. Sec. 404. MayorPro-Tempore. The Mayor shall appoint, within a reasonable time after commencement of

the Mayor's term of office and subject to confirmation by the Common Council, and mayremove, a member of the Common Council to serve as the Mayor Pro-Tempore. When theMayor is unable to perform the duties of the Office ofthe Mayor, the Mayor Pro-Temporeshall have all powers and duties of the Mayor, and shall retain the right to vote asa memberof the Common Council, until the Mayor is able to perform the duties or until the Common Councildeclares the Office of the Mayor vacant. If the Mayor Pro-Tempore fills a vacancy in theOffice of the Mayor pursuant to Section 802of this Charter, the Mayor Pro-Tempore servingas the Mayor shall appointa

Mayor Pro- Temporeinaccordance with this section.Sec. 405. City Administrator. Thereis hereby created the position

of the City Administrator. The Mayor shall appoint, subject to confirmation by the CommonCouncil, and notwithstanding any other section of this Charter may remove the City Administrator. The City Administrator shall be a person of demonstrated administrative abilitywith experience in a responsible, executive capacity and shall be selected on thebasis of executive and administrative qualifications. The City Administrator shall have at least five (5) yearsof experience as the administrative head or assistant administrative head ofa city, or equivalent experience in the direction and supervisionofother governmentor privatebusiness activities of comparable importance and magnitude. The City Administrator shall work under the direct

supervision of the Mayor,


to the Mayor for administrative matters of the City not otherwise assigned in this Charter. Thespecific duties, responsibilities, and functions of the City Administrator shall be established,defined, and altered by executive order of the Mayor.

Sec. 406. Police and Fire Departments.There is hereby created the Police and Fire Departments which shall be under the control

and management of the Mayor.

Sec. 407. Police Department - Membership.ThePolice Department shall consist of a Chief of Police, and such officers and other police

officers as the Mayor and Common Council may from time to time determine. Sec.

408. Chief of Police - Duties.The Mayorshall appoint, and may discipline and remove, a Chief of Police in accordance with Sections

403 D and 403 E of this Charter. The Chief of Police shall have the powers and duties thatare now or may hereafter be conferred upon chiefs of police by laws of the State of California, andsuch powers and duties shall in all respects be promptly executed by police officers andauthorized personnel in the Police Department. The Chief of Police shall enforce the lawsof the State of California and the ordinances of the City, and shall arrest all persons suspected ofviolation of the same.Sec. 409.

Fire Department - Membership. The Fire Departmentshall consist ofa Fire Chief and as many assistants and other employees as the

Mayor and Common Council may determine. ARTICLE V. CITY

CLERK.Sec. 500. The

City Clerk. There is herebycreated the Office of the City Clerk to exercise the powers and duties provided for the

City Clerk in this Charter. The person elected to hold the Office of the City Clerk shall beelected by the voters of the City, in the manner provided in this Charter, and shall devote his orher entire time to the duties of the office.Sec. 501. Eligibility

to hold office.To be eligibleto hold the Office of the City Clerk, a person must be a citizen of the United States, a

qualified elector of the City, a resident of the City, and shall have at least five 5) years experienceas a city clerk or deputy city clerk. All of these eligibility requirements must be satisfiedat least twenty-nine ( 29) days prior to the date of filing nomination papers for election tooffice and continuously thereafter during the term of office. PAGE8

OF 27


Sec. 502. Term of office.The person elected to hold the Office of the City Clerk shall be elected to serve for a term

of four (4) years. The term shall begin on the first meeting of the Common Council in Marchfollowing the City Clerk's election, or if the City Clerk is elected ata run-off election, then on the first rneeting at which the election results are certified. The term shall continueuntil a successor is elected

and qualifies. Sec. 503. Deputy City Clerks andother employees. The City Clerk may appoint, discipline, remove, and prescribe qualifications

and duties of all Deputy City Clerks and other employees working in the Office of the CityClerk. All Deputy City Clerks and other employees shall serveat the pleasure of the

City Clerk. Sec. 504. Powersand duties.The powers and duties of the City Clerk shall be

as follows: A. Serve as the custodian of the City seal and the ordinances, resolutions, contracts, records, and other documents of the City entrusted to the City

Clerk' s care.B. Keepall ordinances, resolutions, contracts, records, andother documents properly indexed and, when not in actual use, open during regular officehours

to public inspection. C. Keep a record and have custody of all official bonds, and placeand renew all corporate surety bondsofofficers and employees, provided thatthe reliability of the corporate sureties has been approved by

the Common Council. D. Give all required notices and attend all meetings of theCommon Council, and keep a record

of its proceedings. E. Administer all oaths and affirmations, except as otherwiseprovided

by this Charter.F. Conduct or cause the conductof

all municipal elections.G. Issue business registration certificates and countersign all warrantson the City treasury, except warrantsof the boards established under Articles XIIand XIII

of this Charter. H. Perform the duties ofa city clerk established by state law, orordinance or resolution of the City, where not inconsistent

with this Charter. PAGE


ARTICLE VI. CITY ATTORNEY.

Sec. 600. The City Attorney.There is hereby created the position of City Attorney. The Mayor shall appoint the City

Attorney subject to confirmation by the Common Council, and the Mayor may remove the CityAttorney subject to confirmation by the Common Council. The person appointed as CityAttorney shall devote his or her entire time to the duties of the office.

Sec. 601. Eligibility.To be eligible to be appointed as City Attorney, a person must be an attorney-

at-law licensed to practice in all the courts of the State of California, and prior toappointment must have engaged in the practice of law in the State of California for at least five (5) years, with at least five (5) years experience as either a city attorney or deputy city attorney, orpossessa comparable understanding of

municipal law. Sec. 602. Deputy City Attorneys andother employees. The City Attorney may appoint, discipline, remove, and prescribe

qualifications and duties for all Deputy City Attorneys and other employees working under thedirection and control of the City Attorney. Every Deputy City Attorney shall bea fullylicensed attorney- at-law atthe timeof appointment and continuously thereafter. All Deputy CityAttorneys and other employees shall serve at the pleasure of

the City Attorney.Sec. 603. Duties. The dutiesof the City Attorney shall

be as follows:A. Advise the Mayor, Common Council, officers, and boards andcornmissions in all matters of law pertaining to their offices,

powers, and duties.B. Attend all rneetingsof

the Common Council. C. Represent and appear for the City, Mayor, Common Council, and boards and commissions, in any legal action or proceeding in which they or anyof them are concerned or

are a party. D. Represent and appear for all city officers or employees orformer officers or employees in any action or proceeding brought against him or her, inhis or her official or individual capacity, on account of an act or omission in thescope of his or her employment as an officer or employee of the City, wheneverthe City is required by state law or whenever the Common Council electsto

provide such defense. E. Prosecute on behalfof the People violations of this Charter orordinances of the City, and prosecute on behalfofthe People misdemeanor

offenses and infractions PAGE


ansmg from the violation of state law and for which the City Attorney isspecifically granted the power of enforcement by state law or those violationswhich are drug or vice related.

F. Perform other legal services requested by the Mayor or Common Council.

Sec. 604. Prohibition against private practice.The City Attorney shall not conduct any private law practice while holding office.

Sec. 605. Outside legal counsel.The Mayor and Common Council shall jointly have the power and authority to employ

and engage such outside legal counsel and services for the interest and benefit of the City and theinhabitants thereof.

ARTICLE VII. CITY TREASURER.

Sec. 700. The City Treasurer.There is hereby created the position of City Treasurer. The procedures for appointing

and the qualifications for the City Treasurer, and the duties, responsibilities, and functions of theCity Treasurer, shall be established, defined, and altered by ordinance of the City. The CityTreasurer shall perform the duties of a city treasurer established by state law where notinconsistent with this Charter or ordinances of the City.

ARTICLE VIII. VACANCIES.

Sec. 800. Vacancies and forfeiture of office.An elected office shall become vacant upon the occurrence of any of the following: an

event that causes a vacancy of public office as provided in the Government Code of the State ofCalifornia, removal of the incumbent from the office in any manner authorized by law, orforfeiture of the office. An elected officer shall forfeit the office if the elected officer lacks atany time during the term of office the eligibility requirements for the office established by thisCharter or by law, or the elected officer accepts or retains another elected office or employmentas prohibited by this Charter or by law. The existence of a vacancy shall be declared byresolution of the Common Council stating the reasons for the vacancy, and the vacancy shall befilled in the manner provided in this Charter.

Sec. 801. Filling vacancies in elected offices.If an elected office is declared vacant in accordance with this article, the Mayor shall

appoint, subject to confirmation by the Common Council, a person eligible to fill the vacancy.The person appointed to fill the vacancy, shall serve in the elected office until a person is electedto the office for the remainder of the unexpired term or for a new term, at a special municipal

PAGE 11 OF27


election to be held no later than one hundred and eighty (180) days after the declaration. Thespecial municipal election required by this section shall be called by the Common Council nolater than thirty (30) days after the Common Council declares the vacancy.Sec. 802. Filling vacancy in the Office of the Mayor.

If the Office of the Mayor is declared vacant in accordance with this article, the MayorPro-Tempore shall serve as Mayor with all powers and duties of the Mayor, and shall retainthe right to vote asamember of the Common Council, untila person is elected to the Office ofthe Mayor for the remainder of the unexpired term or for a new term, ata special municipalelection to be held no later than one hundred and eighty ( 180) days after the declaration. If the Officeof Mayor Pro- Tempore is vacant at the time the Office of the Mayor is declaredvacant, the Common Council shall select one (I) of its members to serve as Mayor in accordancewith this section, until a person is elected to the Office of the Mayor in accordance with thissection. The special municipal election required by this section shall be called by the CommonCouncil no later than thirty (30) days after the Common Council declares

the vacancy. ARTICLE

IX. ELECTIONS. Sec. 900. Generalmunicipal elections.General municipal elections for the election of officers and for such other purposes

as the Common Council may prescribe, shall be held on the first Tuesday following the firstMonday of November of each odd

numbered year. Sec. 901. Run-off municipal elections.Ifin any general municipal election no candidate receives a majority of the

votes cast for the elected office, the Comrnon Council shall immediately, upon determination of thatfact, calla run- off municipal election to be held on the first Tuesday after thefirst Monday in February. Notwithstanding any other section of this Charter, wheneveracounty- wide or state- wide election is scheduled within sixty (60) days after the date onwhich a run-off municipal election would otherwise be held pursuant to this Charter, the City shall consolidate the run-off municipal election with the county- wideor state- wide election. The two candidates receiving the highest number of votes for the officein the general municipal election

shall be declared the candidatesfor the run-off municipal election. Sec. 902. Special municipal elections. All other municipal elections that may

be held by authority ofthis Charter or of any law,shall be knownas special municipal elections. Notwithstanding any other section of this Charter,wheneveracounty- wide election, state- wide election, general municipal election, or run-off municipal electionis scheduled within sixty (60) days of the date on which a special municipal electionwould otherwise be held pursuant to this Charter, the City shall

consolidate the special municipal


or run-off municipal election. The candidate receiving the most votes ina special electionshall take office at the first meeting ofthe Common Council at which the election results are

certified. Sec. 903. Electiondates. In 2001 and every four ( 4) years thereafter, a general municipal election shall be held

to elect persons to the following elected offices of the City: Office of the Mayor, Councilmember First Ward, Councilmember Second Ward, and Councilmember Fourth Ward. In 2003 andevery four ( 4) years thereafter, a general municipal election shall be held to elect persons tothe following elected offices of the City: Office of the City Clerk, Councilmember ThirdWard,Councilmember Fifth Ward, Councilmember Sixth Ward, Councilmember Seventh

Ward. Sec. 904. Procedures for holdingelections. To the extent not provided for and to the extent not in conflict with this Charter,

all elections shall be held in accordance with the provisions of the Elections Code andthe Government Code of the Stateof California for the holdingof municipal

elections.ARTICLE X. INITIATIVE, REFERENDUM, AND

RECALL. Sec. 1000. Generally. The powersof initiative, referendum, and recall are hereby reserved to the voters of

the City. To the extent not provided for and to the extent not in conflict with this Charter, the provisions of the Elections Code of the State of California shall govern the exercise ofthe powersofinitiative, referendum, and

recall. Sec. 1001.

Initiative. Any proposed ordinance which the Common Council itself might adopt maybe submitted to the Common Council by petition requesting that the ordinance be adopted bythe Common Councilor submitted to the voters of the City. This process shall be known asthe initiative. To commence proceedings to exercise the powerof initiative, a proposedordinance must be submitted to the City Clerk, accompanied byapetition signed by qualified voters ofthe City equal in numberto twenty- five percent (25%) of the entire vote cast for allcandidates for Mayor at the last election at which the Mayor was elected. Initiatives to amend theCharter shall be governed by provisions of the California Constitution and applicable provisions ofstate law concerning

charter amendments. Sec. 1002. Referendum. For any ordinance duly adopted by the Common Council, a petition may be

submitted to the Common Council, suspending such ordinance from operation, and requiringthe Common Council to reconsider such ordinance, and if the same is not entirely repealed, submit the ordinance to the voters of the City. This process shall be known as thereferendum. To commence proceedings to exercise the power of referendum, a petition must be submittedto the City Clerk within thirty (30) days after the date of final adoption for the ordinance that

is the PAGE 13


subject of the referendum. At the time of submission, the petition must be signed by qualifiedvoters of the City equal in number to twenty-five percent ( 25%) of the entire vote cast forall candidates for Mayor at the last election at which the Mayor was

elected. Sec. 1003. Recall. Every incumbent in an elected office in the City, whether elected by popular vote

or appointed to fillavacancy, may be removed from the elected office by the voters eligible tovote for such elected office. This process shall be known as the recall. Any vacancy of anelected office caused by the recall of an elected officer shall be filledinaccordance with theprovisions of this Charter. No person recalled from an elected office or who resigned from electedoffice while recall proceedings were pending, shall be appointed to any office within two ( 2) yearsafter the recallor resignation. To commence proceedings to exercise the power of recall, apetition must be submitted to the City Clerk. At the timeof submission, the petition must be signedby qualified voters eligible to vote for the incumbent equal in number to the lesser of the

following: A. Twenty- five percent ( 25%) of the registered voters eligible to votefor the incumbent proposed to be recalled, according to the last officialreport of registration to the Secretary of State of California by the countyelections official of the Countyof

San Bernardino. B. The entire vote cast for all candidates for the elected office fromwhich the incumbent is proposed to be recalled, at the last election held forthat elected office; butinno circumstance shall this number be less than ten percent (10%) of the registered voters eligible to vote for the incumbent proposed tobe recalled, according to the last official report to the Secretary of State of California, by the county elections official of the Countyof

San Bernardino. ARTICLE XI. BOARDS

AND COMMISSIONS. Sec.

1100. Creation. Operational, advisory, appellate, or rule-making boards and commissionsfor the proper operation of any function or agency of the City may be established by ordinance ofthe City. The ordinance shall prescribe the powers, duties, functions, and jurisdiction ofthe board or commission, and shall establish the number of members of the board orcommission, and their qualifications, terms, compensation, and reimbursement for

expenses, if any.Sec. 1101. Appointment andremoval of members. The procedure for appointing membersof boards or commissions

established under this article shall be established by ordinance of the City. Any rnember ofaboard or comrnission established under this article may be removed by the affirmative vote of at leastfive (5) members of

the Cornmon Council. PAGE

Sec. 1200.

Sec. 1201.

Sec. 1202.

Sec. 1203.

Sec. 1204.

Sec. 1205.

Sec. 1206.

Sec. 1207.

Sec. 1208.

Sec. 1209.

Sec. 1210.

Sec. 1211.

Sec. 1212.


ARTICLE XII ( ARTICLE RESERVED)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

Section Reserved)

ARTICLE XIII. BOARD OF LIBRARY TRUSTEES.

Sec. 1300. Creation.There is hereby created the Board of Library Trustees to exercise the powers and duties

prescribed in this article, in a manner consistent with this Charter and ordinances of the City.

Sec. 1301. Membership.The Board of Library Trustees shall be composed of five ( 5) members appointed by the

Mayor, subject to confirmation by the Common Council. To be eligible for appointment to theBoard of Library Trustees, a person must be a qualified elector of the City. This eligibilityrequirement must be satisfied at least twenty- nine ( 29) days prior to the dateof appointmentand continuously thereafter during the termof appointment. Persons appointed to the Boardof Library Trustees shall serve a term of six ( 6) years and thereafter untila successor is

appointed PAGE 15 OF


and qualifies. One (I) appointment to the Board of Library Trustees shall be made at the firstmeeting of the Common Council in May of each of the following years, and again every six ( 6)years thereafter: 2003, 2004, 2005, 2006, and 2007. Any person appointed to the Board ofLibrary Trustees may be removed by the affirmative vote of at least five ( 5) members of theCommon Council except for purposes of censorship. If the position of any member on the Boardof Library Trustees is vacated prior to the expiration of that member's term, the Mayorshall appoint a person to fill the remainder of the unexpired term, subject to confirmation bythe Common Council. Members of the Board of Library Trustees shall serve without salaryor

compensation. Sec. 1302. Powers andduties. The Boardof Library Trustees shall have the power and duty

to: A. Manage, control, and operate a central public library and branch publiclibraries within the

City. B. Make and enforce all rules, regulations, and by-laws necessaryfor the administration, governance, and protection of the public library systemandall property belonging thereto or that may be

loaned thereto.C. Appoint, discipline, remove, fix compensation, and prescribequalifications and duties for the director of the public

library system. D. Subject to the procedures of the personnel system established pursuantto this Charter, appoint, discipline, remove, fix compensation, and prescribe qualifications and duties for such officers and employees as may benecessary or convenientfor the administration, governance, and protection of thepublic

library system.E. Purchase books, journals, publications, information systems andtechnology, and other personal property, and rent and equip such buildings or rooms asmay be necessary or proper for the operation and maintenance of thepublic

library system. F. At the time and in the form established by the Mayor, submita recommended budget to the Mayor detailing a complete financial plan of alloperations and activities of the public library system. The recommended budgetshall be accompanied bya message describing the important features ofthe budget, indicating any major changes from the preceding year inexpenditures and revenues, together with the reasons for the changes, and includesuch other information as the Mayor

deems appropriate. PAGE 16


G. Administer any trust declared or created for the public library system, and receiveby grant, entitlement, donation, gift, bequest, or devise any monies or real orpersonal property, and where not otherwise provided, dispose of such property forthe benefit of the public library system.

H. Borrow or lend books and other library materials to other jurisdictions and allownon-residents to borrow books and other library materials upon such conditionsas the Boardof Library Trustees may

prescribe. I. Contract with schools, counties, or other governmental agencies to renderor receive library services or

facilities. Sec. 1303. LibraryFund. There is hereby created a fund to be known as the Library Fund, the monies in

which shall be used solely for financial support of the public library system. All monies in theLibrary Fund shall be kept separate and apart from other monies of the City and shall be drawnonly upon demands authenticated by the Board of Library Trustees. Monies received fromthe following sources, including any interest earned thereon, shall be deposited in the Library

Fund: A. Revenues generated from any fines, sales, or operations of the publiclibrary

system. B. Monies received by the City or by the Board of Library Trustees from anylocal, state, or federal grants or entitlements, or from donations, gifts, bequests, or devises, expressly designated for use in support of the public librarysystem; unless the deposit of such monies into the Library Fund would beinconsistent with the termsor conditions of its acquisition, in which case the BoardofLibrary Trustees shall provide for the safety and preservation of such monies andshall make use thereofinaccordance with the terms and conditions applicable

thereto. Sec. 1304. Titletoproperty.Unless inconsistent with the terms of its acquisition, title to all real and personal

property, now ownedor hereafter acquired by purchase, donation, bequest, or otherwise, for the purposeor use of the public library system, shall vest and be and remain in the name of the

City.ARTICLE XIV. (ARTICLE

RESERVED) Sec. 1400.Section

Reserved) Sec. 1401.Section

Reserved) Sec. 1402.Section

Reserved) PAGE 17 OF


ARTICLE XV. PLANNING COMMISSION.

Sec. 1500. Creation.There is hereby created the Planning Commission for the City. The manner in which, the

times at which, and the terms for which the members of the Planning Comrnission shall beappointed, their qualifications and the number which shall constitute the Planning Commissionshall be established by ordinance of the City.

Sec. 1501. Powers.The Planning Commission shall exercise the powers delegated to a planning commission

by state law and by ordinance of the City, where not inconsistent with this Charter.

ARTICLE XVI. CHARTER REVIEW COMMITTEE.

Sec. 1600. Creation.In January 2010, and in January every ten (10) years thereafter, a Charter Review

Committee shall be appointed in accordance with the procedures established for appointmentsunder Article XI of this Charter. The members shall serve on a voluntary basis and withoutcompensation. The Mayor and Common Council may appoint a .Charter Review Committeemore often, if they deem it necessary.

Sec. 1601. Duties and procedure.The Charter Review Committee shall, after study and holding public meetings,

recommend to the Common Council any amendments to the Charter for placement on the ballotat the next general municipal election. The final recommendations of the Charter ReviewCommittee shall be presented to the Common Council no later than the first meeting of theCommon Council in February in the year following the appointment of the Charter ReviewCommittee. The Common Council shall receive the recommendations of the Charter ReviewCommittee prior to the last day to place measures on the ballot for the next general municipalelection.

ARTICLE XVII. SALARY COMMITTEE.

Sec. 1700. Creation.In January 2002, and in January of every two (2) years thereafter, the Mayor shall appoint

a Salary Committee consisting of seven ( 7) members, subject to confirmation by the CommonCouncil. No person shall be appointed to the Salary Committee while serving as an officer oremployee of the City, nor within two ( 2) years after holding such a position. Members of theSalary Committee shall serve on a voluntary basis.

PAGE 18 OF 27


Sec. 1701. Duties and procedures.The Salary Committee shall study and hold public meetings on the issue of the total

compensation for each elected official of the City. Not later than ninety ( 90) days before theend of the fiscal year, the Salary Committee shall make a recommendation to the CommonCouncil concerning the total compensation, including salary and benefits, for each electedofficial of the City. The Common Council shall adopt or disapprove the recommendation of theSalary Comrnittee prior to the end of the fiscal year. The Common Council shall have no powerto alter, amend, or otherwise change the recommendation of the Salary Committee.

Sec. 1702. Effective date of changes in compensation.If a change in the total compensation for an elected official is adopted by the Common

Council, such change shall not take effect until after the next election for that elected official.

ARTICLE XVIII. CITIZEN ADVISORY COUNCILS.

Sec. 1800. Enabling clause.Each member of the Comrnon Council may create a Citizen Advisory Council within his

or her ward. The composition of a Citizen Advisory Council shall be determined by theCouncilmember, but the composition should reflect the diverse interests within theCouncilmember's ward. The specific role and function ofa Citizen Advisory Council shallbe determined bythe Councilmember, butit should generally serve the underlying purposes ofthis article which are as follows: ( a) to promote citizen, neighborhood, and communityparticipation in city governance and policy- making; (b) to help Councilmembers stay informed ofthe issues and concerns in their respective wards; (c) to support and augmentexisting neighborhood empowerment activities within the City; (d) to help neighborhoods discover and buildon their strengths and find creative solutions to their problems; and (e) to develop andnurture leadership within the neighborhoods and communities of

the City. ARTICLE

XIX. PERSONNEL.Sec.

1900.A.Personnel system. Merit principle. All appointments and promotions of cityofficers and employees shall be made solely on the basis of merit and fitness, demonstrated bya valid and reliable examinationor other evidence

of competence. B.Merit system. Consistent with all applicable federal and state laws, a merit system governing personnel policies necessary to effectivelyadminister the employees of the City's departments, agencies, and offices, shall be established by ordinance of the City. The merit system shall include, but notbe limited to, classification and pay plans, qualifications and

examinations, provisional and PAGE

Sec. 1901.A.

B.

C.


exempt appointments, employee duties and working conditions, in-service training, disciplinary actions, force reductions, removals, grievances, and relationships with employee

organizations. Civil Service BoardofAppeals. Creation. There is hereby created the Civil Service Boardof Appeals toexercise the powers and duties prescribed in this section ina manner consistent withthis Charter and ordinances of the

City.Membership. The Civil Service Boardof Appeals shall be composed of five (5)members appointed by the Mayor, subject to confirmation by theCommon Council. To be eligible for appointment to the Civil Service Boardof Appeals, a person must bea qualified elector of the City. This eligibility requirementmust be satisfied at least twenty- nine (29) days prior to the date ofappointment and continuously thereafter during theterm of appointment. Persons appointedto the Civil Service Board of Appeals shall serve a term of six (6) yearsand thereafter until a successor is appointed and qualifies. One (I) appointment tothe Civil Service Board of Appeals shall be made at the first meeting ofthe Common Council in May of each of the following years, and again every six (6) years thereafter: 2003, 2004, 2005, 2006, and 2007. Any personappointed to the Civil Service Board of Appeals may be removed by the affirmative vote

of at least five5) members of the Common Council. If the position of anymember on the Civil Service Board of Appeals is vacated prior to the expirationof that member's term, the Mayor shall appointa person to fill theremainder of the unexpired term, subjectto

confirmation by the Common Council. Powers and duties. The Civil Service Board ofAppeals may affirm, overrule, or modify on appeal any final administrativedecision resulting in the discipline, demotion, suspension, or removal of an employeewho is under the classified personnel system, and

its decision shallbe final.Sec. 1902. Non-discrimination. No person shall be appointed to or removed from, or

in any way favored or discriminated against, with respect toany city employment, position, contract, or appointment for any reason or condition prohibited by state

or federal non-discrimination laws and regulations. Sec. 1903. Nepotism.The Mayor, members of the Common

Council, members of boards or commissions, and any department head, agency head, orother officer having appointive power, shall not recommend the appointment of, appoint, or vote foror eject to any office, position, or employment with the City, any member of saidofficer' s immediate family. For purposes of this section, the term " immediate family" isdefined asa spouse, son, daughter, mother, father, brother, sister, grandchild, grandparent,

aunt, uncle, nephew, or


relatives, step-relatives, and in- laws, as well as any person who regularly cohabits withor uses the domicile of said officer as hisor her residence. Any appointment made in violationof this section shall be void and of no effect. The foregoing prohibition against nepotismmay be waived by an affirmative vote of at least five (5) members of the Common Councilupon a finding that the proposed appointment is in the best interest of

the City. Sec. 1904. Compensation. Except as otherwise provided in this Charter, the Mayor or designee

shall negotiate, establish, and adjust the total compensation for all employees and non- electedofficers of the City, except those directly appointed by the Common Council under Article IIIof this Charter.In making compensation determinations, the Mayor shall consult with and receiveinput from the City Administrator and any affected department head, agency head, and other officerof theCity.All compensation determinations by the Mayor shall be subject to confirmationby

the Common Council.ARTICLE

XX. FISCAL ADMINISTRATION. Sec. 2000. Fiscal year.The fiscal year of the City shall be established by ordinance

of the City.Sec. 2001. Budget.Each department, agency, and office of the City shall provide in the form and

at the time directed by the Mayor and City Administrator all information required todevelop a budget conformingto modern budget practices and procedures aswellas specificinformation which the Common Council may require. Under the direction and control of theMayor, the City Administrator shall prepare a budget that provides a complete financial planof all City operations and activities for the next fiscal year. In preparing the budget, the City Administrator shall review the information and hold conferences thereon with thedepartment heads, agency heads, and officers of the City. The Mayor shall present the budget to theCommon Council, in such form as the Mayor deems appropriate after consultation withthe Common Council. Following at least one public meeting on the budget, the Common Councilshall adopt by resolutiona budget of proposed expenditures and appropriations necessary thereforfor the next fiscal year, failing which, the appropriations for current operations of the last fiscalyear shall be deemed effective until the new budget and appropriation

measures are adopted.Sec. 2002. Budget message. The budget submitted by the Mayor to the Common Council shall be

accompanied bya budget message which shall explain the budget. The budget message shalloutline the proposed financial policies of the City for the next fiscal year, describe the importantfeatures of the budget, indicate any major changes from the preceding year infinancial policies, expenditures, and revenues, together with the reasons for the changes, summarize the City's debt position, and include such other information as

the Mayor deems appropriate.


Sec. 2003. Section Reserved)

Sec. 2004. Independent audit.After the comrnencement of each fiscal year, the Mayor, with the consent of the Common

Council, shall employ a qualified certified public accountant, who has no personal interest, director indirect, in the fiscal affairs of the City or any of its employees or officers. The accountantshall perform an annual audit of the books, financial records, and related documents of the Cityin accordance with generally accepted auditing standards for public agencies, and shall have freeaccess to the books, records, inventories, and reports of all officers and employees who receive,handle, or disburse public funds, and such other officers, employees, departments, or agencies asthe Cornmon Council may direct. As soon as practicable after the end of the fiscal year, a finalaudit and management report shall be submitted by the accountant to the Mayor and CommonCouncil, and shall be available thereafter for public review and inspection.

ARTICLE XXI. TRANSITION.

Sec. 2100. Adoption date and operative date.As used in this Charter, the term "Adoption Date" means the date upon which this

Charter is filed in accordance with state law, and the term "Operative Date" means the date ofJuly1,2001, except as otherwise provided in this

Charter. Sec. 2101. Officers, employees, boards, andcommissions. Except as provided in this section, all officers, employees, and persons serving on

any boardor commission of the City on the Adoption Date shall continue to perform the dutiesof their respective offices, employments, and appointments without interruption and under thesame terms and conditions until provisions have been made otherwise in accordance with thisCharter or until the election, employment, or appointment of their

successor. A. City Attorney and City Treasurer. Upon the Adoption Date, thepersons serving in the elected offices of the City Attorney and the City Treasureras established by the previous charter, shall serve, respectively, as the appointedCity Attorney and the appointed City Treasurer as established under this Charter, untila personis appointed to such officein accordance with this Charter, or theoffice is vacated, or the Operative Date, whichever is

earlier. B. Park and Recreation Commission. The Park and RecreationCommission established by the previous Charter, as it existed immediately prior tothe Adoption Date, shall continue in effect asa commission established byordinance pursuant to Section 2106 of this Charter, and each person appointed asamember of the Park and Recreation Commission shall continue asamember and

continue PAGE 22 OF


to perform the duties of the Park and Recreation Commission in accordance withsuch ordinance.

C. Mayor Pro-Tempore. Within ninety ( 90) days after the Adoption Date, the Mayor shall appointa person to serve as Mayor Pro- Tempore inaccordance with Section 404of

this Charter.D. (

Section Reserved) E. Board of Trustees of the Free Public Library. The Board of Trusteesof the Free Public Library established by Section 205 of the previous Charter, asitexisted immediately prior to the Adoption Date, shall continue to existbut shall perform the functions of the Boardof Library Trustees pursuant to ArticleXIII of this Charter, and all members thereof shall continue to serve untilthe expiration of their respective terms, unless the member resigns or is otherwiseremoved in accordance with this Charter. To transition to the new terms for membersof the Board of Library Trustees under Section 1301 of this Charter, the following transitional appointments shall be made as the terms of the members inoffice on the Adoption Date expire: one (I) appointment for two (2) years, one (I)appointment for three (3) years, and one (I) appointment for six (6) yearsshall be rnade at the first meeting of the Common Council in May 2001; andone (I)appointment for two (2) years and one appointment for three (3) yearsshall be made at the first meeting of the Common Council in May 2003. Upon the expiration of the term of each transitional appointment made pursuantto this section, all subsequent appointments shall be made in accordancewith Section 1301 of

this Charter.F. Civil Service Board. The Civil Service Board established by Section 246of the previous Charter, asit existed immediately prior to the AdoptionDate, shall continue to exist but, after the Operative Date or the earlier adoptionof the ordinance required by Article XIX of this Charter, it shall performthe functions of the Civil Service Board of Appeals pursuant to Section 190Iofthis Charter, and all members thereof shall continue to serve until the expirationof their respective terms, unless the member resigns or is otherwiseremoved in accordance with this Charter. To transition to the new terms for membersof the Civil Service Board of Appeals under Section 190Iof this Charter, the following transitional appointments shall be made as the terms of the members inoffice on the Adoption Date expire: one (I) appointment for two (2) years andone (I)appointment for six (6) years shall be made at the first meeting ofthe Common Council in May 200 I; one (I) appointment for one (I) year andone appointment for two (2) years shall be made at the first meeting of the CommonCouncil in May 2003; and one (I) appointment for one (I) year shall be made atthe first meeting ofthe Common Council in May 2005. Upon the expiration of the

term of PAGE 23

Sec. 2102.A.

B.

c.


each transitional appointment made pursuant to this section, all subsequentappointments shall be made in accordance with Section 190 I of this Charter.

Initial salaries of elected officers.

Mayor. Effective on the Adoption Date, the Mayor's salary shall be increasedto eighty thousand dollars ($80, 000. 00) per year. After the AdoptionDate, all adjustments to thetotal compensation paid to Mayor, including salary, shallbein accordance with the provisions of

this Charter. Members of the Common Council. Effective on the Adoption Date, the salary for members of the Common Council shall be increased totwelve thousand dollars ($ 12,000. 00) per year. After the Adoption Date, alladjustments tothe total compensation paid to members of the CommonCouncil, including salary, shall be in accordance with the provisions

of this Charter. Salary of City Clerk. Within ninety (90) days after theAdoption Date, the Common Council shall establish by resolution the initialtotal compensation for the City Clerk. After the Common Council establishesthe initial total compensation of the City Clerk by resolution, all adjustmentsto the total compensation paid to the City Clerk, including salary, shall bein accordance with the provisions

of this Charter.Sec. 2103. Municipallaws and regulations. On or after the Operative Date, all ordinances, resolutions, orders,

rules, and other regulations not inconsistent with, conflicting with, or interfering with theeffective operation of this Charter, shall remain and continue in force until duly amended, repealed, or replaced. Any ordinance, resolution, order, rule, or other regulation in effect on theOperative Date, regardless of the method, manner, or time of adoption, is hereby repealedto theextent inconsistent with, conflicting with, or interfering with the effective operation of this Charter. It is notthe intenttore-adopt said ordinances, resolutions, orders, rules or other regulations, butto continue themin effect. After the Adoption Date and prior to the Operative Date,

the following shall occur:A. Conformance of orders, rules, and regulations. Priorto the Operative Date, each officer, department, agency, board, or commission responsible for promulgating orders, rules, or other regulations of the City, shall review all such orders, rules, or other regulations for which it isresponsible, and shall amend, repeal, or replace such orders, rules, or other regulations tothe extent necessary to be

consistent with this Charter.B. Conformance of ordinances and resolutions. The CityAttorney and City Clerk shall review all ordinances and resolutions, and shall reportto the Mayor and propose to the Common Council the amendment orrepealof any existing ordinance, resolution, or order necessary to be consistent with

this Charter, or the


adoption of new ordinances, resolutions, or orders necessary to implement theprovisions of this Charter.

Sec. 2104. Previous personnel system.Until the Operative Date, the provisions of sections 246 through 261 of the previous

Charter as they existed immediately prior to the Adoption Date, and any ordinances, rules, orregulations adopted pursuant thereto, shall continue in full force and effect except as the samemay hereafter be changed by amendment thereof in the manner provided by law. After theOperative Date or the earlier adoption of the ordinance required in Article XIX of this Charter,said sections, and any ordinances, rules, or regulations adopted pursuant thereto, shallimmediately cease to have any force or effect. The adoption of this Charter shall not affect anyemployee grievance proceeding or action that has been commenced prior to the Adoption Date.

Sec. 2105. Safety Employees' Salaries.The provisions of Section 186 contained in the previous Charter as it existed immediately

prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto,shall continue in full force and effect. These provisions shall immediately cease to have anyforce and effect upon adoption and implementation of SB402 or similar binding arbitrationactions from the State, and the expiration of the current labor contracts. In the event SB402 orsimilar legislation is repealed, the City of San Bernardino shall maintain in effect the rules andregulations contained in SB402 or any similar binding arbitration action from the State.

Sec. 2106. Previous charter sections treated as ordinances.The following sections of the previous charter, as they existed immediately prior to the

Adoption Date, shall be treated as if enacted by ordinance, and may be amended, repealed, orreplaced by ordinance after the Adoption Date. To the extent of conflict or inconsistencybetween the previous charter sections treated as if enacted by ordinance under this section andthis Charter, this Charter shall prevail.

Section 70Section 131Section 132Section 135Section 139Section 140Section 143Section 149

Section 180Section 181Section 182Section 183Section 184Section 185Section 210Section 2 I 2Section 213

Section 2 I 4Section 215Section 216Section 217Section 219Section 229Section 234Section 238Section 240

PAGE 25 OF 27


Sec. 2107. Effectiveness and repeal offormer charter.Upon the Adoption Date, the provisions of this Charter shall be in full force and effect

under the law. The former Charter is hereby repealed except that (I) Charter Section 41 is notrepealed or otherwise amended by this Charter, and said Charter Section 41 shall continue in fullforce and effect in this Charter numbered as Section 2003, (System for Assessment, Levy, andCollection of Taxes); ( 2) Charter Section 134 and Charter Sections 160 through 171, inclusive,are not repealed nor otherwise amended by this Charter and said Charter Section 134 and CharterSections 160 through 171, inclusive, shall continue in full force and effect in this Charternumbered as Sections 1200 through 1212, inclusive, in Article XII (Water Department); and ( 3)Charter Sections 190, 191 and 192 are not repealed nor otherwise amended by this Charter andsaid Charter Sections 190, 191 and 192 shall continue in full force and effect in this Charternumbered as Sections 1400, 1401 and 1402 in Article XIV.

Sec. 2108. Elimination oftransition provisions.In the event the sections of this article become obsolete in the judgment of the City

Attorney, by virtue of the completion of all actions required under the section, the section shallbe deemed expired and the City Clerk shall secure removal of that section from the next printingof the Charter.

ARTICLE XXII. MISCELLANEOUS.

Sec. 2200. Oath of office.Every officer of the City, appointed or elected, before entering upon the duties of the

office, shall take the oath of office as provided for in the constitution of this state, and shall filethe same with the City Clerk.

Sec. 2201. Official bonds.Officers and employees subject to group or individual bonds to insure the faithful

performance of official duties shall be determined by ordinance of the City. The ordinance shallfix the amount of such bonds, and shall provide for the payment of the premium of such bondsby the City.

Sec. 2202. Conflicts of interest and ethics.Regulations governing conflicts of interest and ethics applicable to officers, employees,

members of boards and commissions, and candidates for elected office of the City may beestablished by ordinance of the City. Unless otherwise required by law, the City shall not berequired to negotiate or meet and confer with officers, employees, or employee organizationsregarding the adoption or revision of such regulations.

PAGE 26 OF 27


Sec. 2203. Prohibition against holding other office or city positions.Except where authorized by law, no elected officer of the City shall hold any other

elected public office during the term for which the person was elected to office. No electedofficer shall hold any other municipal office or hold any office or employment, the compensationof which is paid with funds of the City, while serving as an elected officer of the City. Exceptfor the incumbent in an elected office on the Adoption Date that is abolished or otherwiseremoved from this Charter, no former elected officer of the City shall hold any compensatedoffice or employment with the City, except an elected office, until at least one ( 1) year after theexpiration of the term for which the person was elected. Nothing in this section shall beconstrued to prohibit the appointment of any current or former elected officer of the City torepresent the City on the governing board of any regional, state, federal, or otherintergovernmental agency or commission.

Sec. 2204. Delivery of books, papers, and property to successors.All papers, books, documents, records, archives and other properties prepared for or

purchased by the City shall be and remain the property of the City. All officers, departmentheads, agency heads, members of boards and commissions, and employees of the City, uponleaving office or termination of ernployment or appointment, shall deliver to their successors allsuch papers, documents, records, books, archives and other properties pertaining and belongingto the City in their possession or under their control.

Sec. 2205. Effect of invalidity in part.If any section, subsection, sentence, clause, or phrase of this Charter, or any amendment

thereto, is for any reason held to be unconstitutional or otherwise invalid, that decision shall notaffect the validity of the remaining portions of this Charter. The people of the City of SanBernardino hereby declare that they would have ratified and adopted this Charter and eachsection, subsection, sentence, clause, or phrase thereof, and any amendment thereto, irrespectiveof the fact that anyone or more other sections, subsections, sentences, clauses, phrases oramendments be declared unconstitutional or otherwise invalid.

Sec. 2206. Violation of charter.The Mayor and Common Council may prescribe by ordinance which provisions, if any,

of the Charter, if violated would constitute a punishable offense and may further prescribe thenature ofthe offense and the penalty for such violation.

PAGE 27 OF 27

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Documents

Transcript of San Bernardino Mayor and Common Council Resolution 2000-232 (Reso for Measure M)