See

Companion

Resas.

2000- 231,2000-

23,
2000247)
RESOLUTION
PROPOSING

NO. 2000- 232

SAN BERNARDINO

2 RESOLUTION OF THE CITY OF

NEW
BERNARDINO

CHARTER. J 4 BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN

AS
SECTION

FOLLOWS: 5 6
City

I. Recitals. 7 In accordance with the Constitution of

a)

the State of California, the

of
adopted

San a
submit

8 Bernardino. a municipal

corporation,

has

Charter. 9 b) The Mayor and Common

10 the qualified electors
for their

Council

of the City of San Bernardino desire

to
Bernardino,

to

consideration a new is
hereby

Charter

for the City

as though

of

San

a copy 11 of which is attached

set forth,

hereto and

incorporated herein

fully City
repealed

12 SECTION 2. Submittal to

Electors.The attached proposed new Charter of the

City of San
to

of San 13 Bernardino is

submitted

to the qualified

electors of the

Bernardino

for

their

approval or rejection

at the

consolidated special municipal election

be held on
provisions

Tuesday,

nor otherwise
14

Novembr 7, 2000,1 f

approved by

the qualified

electors, upon

the

Adoption Date, the

of

the new Charter shall be in full force and effect under the law, The
repealed by operation of 16
in

current Charter is hereby

Section

law upon the

amended

Adoption

( Charter Date, except that 1)

41

is

not

15
eftixt

17

18

by the new Charter and said Charter Section 41 shall continue in full force and
new

the 19

Charter numbered

for Assessment, Levy, and ( as Section 2003 System

Collection not Charter

Charter

of

Taxes); 20 2) Charter Section 134 and

Charter Sections 160

through

171,

inclusive, are

repealed nor

21

otherwise

amended

by the new Charter and said Charter Section 134 and

effect

Sections 160 22
numbered as

through 171,inclusive, shall continue in full force and through 1212,inclusive, in

in the

new

Sections 1200 7'

and

Article

XII (Water Department);and ( by the new Charter

effect

Charter

Charter Sections 190, 191 3)

192

are

not repealed

nor

otherwise

amended

numbered as
Article

and said

Charter Sections 190. 191 and 192 shall continue in full force and

in the

new

24 25 26 Sections 1400, 1401 and 1402 in

X IV, 27 NEW CHARTER.

PROPOSED

28
Council

It is

proposed

that

the proposed

new

Charter

submitted

by the Mayor

andCommon

2000-

232 RESOLUTION OF A NEW

CHARTER.

THE CITY OF SAN BERNARDINO PROPOSING

3 4 5 6
7

of the

City

of San Bernardino, attached hereto. be

as

adopted by

the

qualified

electors of the

City of San

Bernardino

the Charter of the

City

of San Bernardino.

I HEREBY CERTIFY that the

foregoing

Resolution
a

was

duly adopted by

the

Mayor

and
on

Common Council of the

4th

City
of

of San Bernardino at

Joint

Special

meeting thereof, held

wit: 8

day

August
NAYS
x

2000,

by the following vote, to

ABSTAIN ABSENT

COllncil
ESTRADA

Members: 9
10

LIEN
MCGINNIS SCIINETZ

11 12
13 14

SUAREZ
ANDERSON

15 16

MCCAMMACK 17

C' .
AYES
resolution

iVL/~ CITY

CLERK-

18

t ,,,/ ~ j..., 0~ 19

J'\~

The

foregoing
7'

is
Approved

hereby

approved

this Th ~' day

of

August

2000,

22

20 21

as 24
to
form

and City

legal Content: 25 PENMAN, 26

Attorney 27

JAMES F,

28

d.. ,~ PROPOSED "'

d\. t

X*~*

CHARTER lltIE;--CITY

OF

SAN

BERNARDINO u o oj

0
oj

u
i

IUJ

UJ
l-

i::::
To

be

submit ed

to
the

Electors
Tuesday,

November
7,

2000

Proposed

Charter for the

City of San Bernardino

Table

of Contents

CHARTER OF THE CITY OF SAN BERNARDINO

TABLE OF CONTENTS

Preamble
ARTICLE I
INCORPORATION AND

CITY CLERK Sec.500.

The City

10
501. 502. 503. employees 9

SUCCESSION
Sec. 100. Name and Boundaries Sec. 101. Succession to

Eligibility to Term of Deputy City Powers and

Clerk 8 Sec. hold office 8 Sec.

office 9 Sec.

Clerks and other

duties 9 ARTICLE

Sec.504.
VI

rights, property, and

liabilities CITY ATTORNEY

ARTICLE II

Sec.600.
The City

10
10

POWERS OF CITY
Sec. 200. Sec. 201.

Generally Intergovernmental actions

Eligibility Sec.

Deputy City

Sec.601. 602. Attorneys and other employees 603.

private
counsel

Attorney

10 Sec. 10 11 11
11

ARTICLE III LEGISLATIVE BRANCH Sec. 300. Common Council Sec. 301. Creation of Wards Sec. 302. 2
2

Duties Sec. 604.

Prohibition against

Outside legal

practice Sec.605. ARTICLE VII

2 2
2

CITY TREASURER Sec. 700. The City Treasurer

11 11

Eligibility to

hold office

Sec. 303. Term of office Sec. 304. Powers Sec. 305.

3
3

ARTICLE

VIII

Ordinances, resolutions, and orders

Sec. 306. Committees of the Common Council

4
4 4 5 5

Sec. 307. Communication with management Sec. 308. Meetings

VACANCIES Sec. 800.

Vacancies and Filling vacancies
Filling vacancy

II II

Mayor to preside Sec. 310. Employees of Common Council

ARTICLE IV EXECUTIVE BRANCH Sec. 400. The Sec. 401.

Sec. 309.

forfeiture of office Sec.801.

in elected offices Sec.802. in the Office of the Mayor ARTICLE IX

12
12

ELECTIONS Sec.

Mayor Eligibility to hold office

5 5

900. General municipal 902. Special

12 12

Sec. 402. Term of office

5 6
Tempore

elections

901. Sec.

Sec. 403. Powers and duties

Sec. 404.

Run- off municipal elections Sec.

12 13 13

Mayor Pro7 Sec. 405.City 7 Sec. 406.Police and Fire 8 Sec. 407.Police Membership
Department -

municipal elections Sec.

dates Sec. for holding

Adminstrator Departments

903. Election 904. Procedures

elections

8
Sec. V

Sec. 408. Chief of Police - 8

Duties

409. Fire

Department - Membership

ARTICLE

Proposed

Charter for the

City of San
Table

Bernardino

of Contents

ARTICLE X

ARTICLE XVIII CITIZEN ADVISORY COUNCILS

13

INITIATIVE,REFERENDUM,
AND RECALL

19

Sec. 1800. Sec. 1000.

Enabling

clause

19

Generally

13 13 13 14 ARTICLE XIX PERSONNEL 19

Sec. 1001. Initiative Sec. 1002. Referendum Sec. 1003. Recall ARTICLE XI BOARDS AND COMMISSIONS Sec. 1100. Creation Sec. 1101.

Sec. 1900. Personnel systern Sec. 1901. Civil Service Board of Appeals
14 20 and removal of
21

19 20 discrimination Nepotisrn Compensation

Sec. 1902. Non20 Sec. 14 Sec.

1903. 1904.

Appointment
members

14 ARTICLE XX 15 ADMINISTRATION

ARTICLE XII - ARTICLE

RESERVED

FISCAL

21 Sec. 2000. Fiscal XIII BOARD OF LmRARY TRUSTEES Sec. 21 21 Sec. 15 Sec.
15 Sec.

year Budget Message Reserved Audit

2001. 2002.Budget
Independent 2004.

21 Sec. 2003. 1300. Creation 1301. Membership

1302. Powers

Sec.

22
22

Sec.
and duties Sec.

15
XXI 22

16 ARTICLE 17 TRANSITION

1303. Library 1304. Title

Fund

Sec.

to property ARTICLE XV

17 Sec. XIV RESERVED ARTICLE

22

17 Sec.210

Adoption date and operative 2100. 1. Officers,employees, boards, and

date commissions
officers

PLANNING COMMISSION Sec. 1500.

Creation Sec. 1501. Powers ARTICLE XVI

22 Sec. 2102.Initial salaries of elected 24 18 Sec.

Municipal laws and 2103.

regulations
system

25 as

24 Sec. 2104. Previous personnel 18 Sec. 2105.Safety Employees' 25 Sec. 2106.Previous charter sections 18 25 Sec. 2107. Effectiveness
treated

salaries ordinances

CHARTER REVIEW

and

repeal
charter

offormer 26 26 18 Sec. 2108. Elimination of 18 ARTICLE

18

COMMITTEE Sec. 1600. Creation Sec. 1601.

Duties and procedure ARTICLE

transition

provisions

XVII

XXII

MISCELLANEOUS

SALARY COMMITTEE Sec. 1700. Creation Sec. 1701. 26 26 other 27

26 Sec. 2200. Oath of 18 Sec. 2201.Official 26 Sec. 2202.Conflicts of interest and

office bonds ethics

Duties and procedures Sec. 1702.

Effective date

18 Sec. 2203. Prohibition 19 Sec.

of changes in compensation

against holding 19 office or city 2204.Delivery of papers, and

books ,

positions
27 27 27

property

to successors

Sec. 2205. Effect of invalidity in part Sec. 2206. Violation of charter APPENDIX

Proposed

Charter for the

City of San

Bernardino

SAN BERNARDINO CI1lY CHARTER

PREAMBLE.

We, the ctl1zens of San Bernardino, do hereby establish this Charter to promote economic, environmental, and cultural prosperity throughout our community; to enable our city government to meet the needs of the people effectively and efficiently; to provide for

accountability
resident.

and ethics in

public

service; and to

ensure

equality

of

opportunity

for every

ARTICLE I.INCORPORATION AND SUCCESSION.

Sec. 100. The

Name and Boundaries.

municipal corporation now existing and known as the City of San Bernardino shall remain and continue as a municipal corporation under its same name. The boundaries of the City shall be the boundaries as established at the time this Charter is adopted, or as the boundaries may be changed thereafter in the manner authorized by law. ( A map of the existing boundaries is included in the appendix.)
Sec. 101.

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

Succession to

ARTICLE II. POWERS OF CITY. Sec. 200. The

all powers and rights possible for a charter city to have under the constitution and laws of the State of California as fully and completely as though they were

Generally. City shall have

specifically enumerated in this Charter, subject only to the limitations contained in this Charter. The City shall have the power to make and enforce all laws and regulations regarding municipal affairs, subject only to such restrictions and limitations that may be provided in this Charter or the Constitution of the State of California. The City shall have the power and may act pursuant to any procedure established by state law, unless a different procedure is established by this Charter or by ordinance of the City. The powers and rights of the City shall be construed liberally and in favor of the City, and the enumeration of any particular power or right in this

PAGE I OF 27

Proposed
Charter shall not be construed to be exclusive of, or rights granted in this article.
Sec. 201.
as

Charter for the

City of San

Bernardino
or

any limitation on, the

general

powers

Intergovernmental actions. City may exercise any of its powers or perform any of its functions, and may participate in the financing thereof,jointly or in cooperation, by contract or otherwise, with any one or more cities, counties, states, foreign countries or civil divisions or agencies thereof, or the United States or any of its agencies.
The

ARTICLE III. LEGISLATIVE BRANCH. Sec. 300. Common Council.

created the Common Council to exercise the powers provided for the comprised of seven ( 7) elected offices, the members of which shall be elected from wards by the voters in the ward, in the

There is

hereby

Common Council in this Charter. The Common Council shall be

manner

provided

in this Charter.

Sec. 301.

Creation of Wards.

The City shall be divided by ordinance into seven ( 7) wards, designated as First Ward, Second Ward, Third Ward, Fourth Ward, Fifth Ward, Sixth Ward, and Seventh Ward. The boundaries of the wards shall be reviewed at least every ten (10) years upon completion of the
may be determined necessary. Boundary changes shall not be made more than once in any two ( 2) year period nor within ninety ( 90) days of any general municipal election. The boundaries of each ward shall be adjusted by the Common
census or more

federal decennial

frequently

as

provide for substantially equal numbers of residents in each ward. Boundary adjustments during the term of any member of the Common Council shall not result in the loss of any member' s eligibility to hold office during such term. In establishing or changing the boundaries of the wards,consideration shall be given, but is not limited, to the following factors:continuity, integrity,cohesiveness, and compactness of territory; and general topography and
as

Council

necessary to

geography. Sec.

Eligibility to hold 302. office. To be eligible to hold office as a member of the Common Council, a person must be a citizen of the United States, a qualified elector of the City, and a resident of the ward from which the person is elected. All of these eligibility requirements must be satisfied at least twenty- nine 29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term

of office.

Sec.303. Term
elected

of office. Members of the Common Council shall be

4) years. The

to

serve

for a term

of

four (

term

shall

begin on
Councilmember'

the

first meeting of the Common Council

is

in

March

following the

s election, or if the Councilmember

elected at a

run- off

election, then on the

Proposed
first

Charter for the

City of San

Bernardino

meeting

at

which the election results

are

certified. The term shall continue until

a successor

is elected and Sec. 304.

qualifies.
Powers.
as

provided in this Charter, all powers of the City are vested in the Common Council. legislative power of the Common Council shall be exercised by ordinance or resolution, subject to the approval of the Mayor as set forth in this Charter. All other powers of the Common Council may be exercised by order or resolution, where not inconsistent with this Charter or ordinances of the City, and subject to the approval of the Mayor as set forth in this Charter. Upon the affirmative vote of at least five ( 5) members of the Common Council, the Common Council may make formal investigations into the affairs of the City, or the conduct of any city department, office, agency, board, or commission by compelling the attendance and testimony of city employees, officers, or other persons, or by compelling the production of documents or evidence. Upon the affirmative vote of at least five ( 5) members of the Common Council, the Common Council may issue subpoenas in the name of the City, which shall be attested to by the City Clerk. Disobedience of a subpoena issued by the Common Council shall constitute a misdemeanor and shall be punished in the same manner as violations ofthis Charter are punished.
Except
otherwise All Sec. 305. and

No
no

Ordinances, resolutions, and orders. order, except to adjourn for lack of quorum or compel the attendance of a quorum, ordinance, or resolution, shall be valid unless it receives the affirmative vote of at least

four ( 4) members of the Common Council.

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

for all

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

of the Common Council. C.Override by

take

by

the Mayor shall the Council

effect as

if

approved

Common Council. Any ordinance or resolution disapproved by the Mayor upon the affirmative vote of at least

five 5) ( members of the of

the Common

the next regularly scheduled meeting after the Mayor' s disapproval. Any order of disapproved by the Mayor, shall take effect as if approved by the Mayor,
Common

Council no later than

Common Council

upon the affirmative PAGE

Proposed

Charter for the

same

City of San

Bernardino

vote of at least five ( 5) members of the Common Council at the

meeting

of the Common

Council at which the order is D.

disapproved.

pursuant

to state

Community

and override in Community Development Commission. When, the and Common Council have themselves as the law, Mayor designated Development Commission of the City, the Mayor shall have the power of approval

Approval

of all orders and resolutions of the Commission, in the same manner as the Mayor has in the City, subject to the power of the Commission to override any disapproval, in the same manner as the Common Council has in the City.

resolutions, the date of final adoption shall be deemed the earlier of the date of approval by the Mayor, or the date when the time for the

E.

Date of

adoption.
expires,

For ordinances and

Mayor' s disapproval

the Mayor' s disapproval is overridden by the Common Council. For orders of the Common Council, or in those cases where the Mayor' s approval is not required, the date of final adoption shall be deemed the date of adoption
by the Common Council.Sec. 306. Committees of

or the date

the Common Council. The Common Council may by ordinance or resolution establish committees composed of less than a quorum of the Common Council, to assist the Common Council
in
the

exercising its powers. The role of the committees

is to become fully
Council

informed of the

business

of

City

and to report to the Common

to enable the

305 of this Charter under this

Common Council to shall not be required for any action

properly legislate.

any information or recommendations necessary Approval of the Mayor pursuant to Section of the Common Council

Sec. 307. section.

Communication with management. For purposes of inquiry and discussion related to rnanagement and administration of the City, matters related to constituents, and pending legislative matters, members of the Common Council may communicate with the City Administrator, department heads,

officers of the City. Members of the Common Council shall have no power to give orders,publicly or privately, to the City Administrator or any subordinate of the Mayor, or to any department or agency head, or subordinate of the department or agency head; nor shall members of the Common Council attempt to coerce or improperly influence the letting of any contract, purchase of supplies, or any other administrative action. Members of the Common Council shall have no power to order any subordinate of the Mayor, department head, agency head, or other officer, either directly or indirectly, to appoint, employ, discipline, demote, suspend, or dismiss any employee
any

agency heads, or other

City. Sec.308. Meetings. Except as expressly provided in this Charter, the notice,conduct, and procedures for all meetings of the Common Council shall be governed by state law.The Common Council shall provide by resolution for the order of business and the rules of procedure for the conduct of meetings of the Common Council. The time and place of the regular meetings
of the Common PAGE

of the

Proposed

Charter for the

shall be established by

City

of San Bernardino

Council

ordinance of
quorum

the City.

or

a majority

of

the members of the Common

meetings may Council. A majority of

Special

be called by the Mayor all members of the Common

Common Council may establish rules for conduct of its meetings and proceedings, and may order the removal of any member or other person for disrupting the meeting or failing to comply with orders of the person presiding at
the meeting.

Council shall constitute a

to do business. The

Except for

noes

of

procedural motions or motions approved by unanimous vote, the ayes and all votes of the Common Council shall be recorded and entered in the minutes of the meeting.

Sec. to preside. The shall preside at all meetings of the Common Council, but shall not be entitled to vote. In the absence of the Mayor, the Mayor ProTempore shall preside, shall have the same to order ofthe Common Council, and shall retain the right to as the Mayor disapprove any power vote as a member of the Common Council. In the absence of both the Mayor and the Mayor ProTempore, 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 the power to disapprove orders of the Common Council.
Mayor 309. Mayor

Employees of Common Council. Notwithstanding any other provision of this Charter, the Common Council may appoint, discipline, remove, and prescribe qualifications and duties for employees that directly serve the Comrnon Council. Approval of the Mayor, pursuant to Section 305 of this Charter, shall not be required for any action of the Common Council under this section.
Sec. 310.

ARTICLE IV. EXECUTIVE BRANCH.

Sec. 400. The

Mayor.

hereby created the Office of the Mayor to exercise the powers and duties provided for the Mayor in this Charter. The person elected to hold the Office of the Mayor shall be elected by the voters of the City, in the manner provided in this Charter, and shall devote his
There is
or

her entire time to the duties of the office.

Sec. 401.

Eligibility to hold office. 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 eligibility requirements must be satisfied at least twenty- nine ( 29) days prior to the date of filing nomination papers for election to office and continuously thereafter during the term of
To be

office. Sec.

402.Term of

the Mayor shall be elected to serve for a term of four ( 4)years. The term shall begin on the first meeting of the Common Council in March following the Mayor' s election, or if the Mayor is elected at a run-off election, then
on the first PAGE

office. The person elected to hold the Office of

Proposed

Charter for the

City of San

Bernardino is

meeting

at which the election results

are

certified.

The term shall continue until

a successor

elected and Sec. 403.

qualifies.
Powers and duties.

the

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

Exercise functions

management
over

all

authority, including the delegation of discretionary departments, agencies, and employees of the City.

B.

public officers in the execution of their powers and duties, and protect the public interest by reporting to the Common Council any willful neglect of duty or official misconduct for action in accordance with applicable laws.

Observe the conduct of all

C.

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

D.

prescribe qualifications

and duties for

elected officers of heads, and other nonthe Common Council.

department heads, agency the City,subject to confirmation by

Discipline E.

other non-elected officer

any department head, agency head, or of the City, except employees serving at the pleasure of an elected official or other
and

remove from office

city

( business days, officer.F.Approve or disapprove, within five 5) the appointment, discipline, or removal of an employee appointed by any department head, agency head, or other non- elected officer of the City, subject to the

personnel
to

system adopted pursuant

this Charter. G.Ensure that all contracts and

agreements

with

the City

are

faithfully

kept
and

fully performed. H. Make recommendations to

the

Common Council concerning the

the

affairs of

the

City

and, at

least

once

per year, publicly address

Cornmon

Council on the

state
of the City. PAGE

Proposed Charter for the City of San

Bernardino

I.

Actively promote economic development commercial and employment base of the City.

to

broaden

and

strengthen

the

J.

Prepare

and submit

an

annual

budget

for the

consideration, and keep the Common Council condition and future needs of the City.
K.

City to the Common Council for fully advised as to the financial

Represent
purposes.

the

City

in all

intergovernmental

relations and for all ceremonial

L.

Declare

local emergency and coordinate the response activities in accordance with procedures
a

City' s established by

emergency

ordinance.

M. Issue

executive orders, in

writing, to

policies consistent with this Charter and ordinances of or amendment thereof may be

establish procedures and implement the City. Any executive order

five (

rescinded

by

an affirmative vote of at least

5) members of the Common

Council.

N. Perform other duties and by ordinances of

functions

as

are

specified

10 this

Charter

or

the

404. Mayor Mayor shall appoint, within a reasonable time after commencement of the Mayor' s term of office and subject to confirmation by the Common Council, and may remove, a member of the Common Council to serve as the Mayor Pro-Tempore. When the Tempore Mayor is unable to perform the duties of the Office of the Mayor, the Mayor Proshall have all powers and duties of the Mayor, and shall retain the right to vote as a member of the Common Council, until the Mayor is able to perform the duties or until the Common Council declares the Office of the Mayor vacant. If the Mayor Pro- Tempore fills a vacancy in the Office of the Mayor pursuant to Section 802 of this Charter, the Mayor ProTempore serving the Mayor shall appoint a as
Pro- Tempore. The

City. Sec.

Tempore in accordance with this section. Sec. 405. City Administrator. There is hereby created the position the City The Mayor appoint, subject to confirmation by the Common shall Administrator. of any section of Council, and notwithstanding other this Charter may remove the City Administrator. The City Administrator shall be a person of demonstrated administrative ability with experience in a responsible, executive capacity and shall be selected on the basis of executive and administrative qualifications. The City Administrator shall have at least five ( 5) experience the head years of as administrative or assistant administrative head of a city, or equivalent experience in the direction and supervision of other government or private business activities of comparable importance and magnitude. The City Administrator shall work under the direct
supervision of the Mayor,

Mayor Pro-

Proposed Charter for the City of San

to the

Bernardino

Mayor for administrative matters of the City not otherwise assigned specific duties, responsibilities, and functions of the City Administrator defined, and altered by executive order of the Mayor.
Sec. 406.
Police and Fire

in this Charter. The shall be established,

Departments.

There is

hereby

created the Police and Fire

Departments

which shall be under the control

and management of the

Mayor.
Membership.

Department - The Police Department shall consist of a Chief of Police, and such officers and officers as the Mayor and Common Council may from time to time determine. Sec.
408. Chief shall of Police -Duties.
The

Sec. 407.

Police

other police

Mayor

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 that

appoint, and

may

are now

or may hereafter

be conferred upon chiefs of police by

laws of the

State of California, and

duties shall in all respects be promptly executed by police officers and authorized personnel in the Police Department. The Chief of Police shall enforce the laws

such powers and

of the State of California and the ordinances of the City, and

shall

arrest all persons suspected of

violation of the same. Sec. 409.

Fire Department Membership. Common

shall consist

Mayor

and

The Department of a Fire Chief and as many assistants CITY Council may determine. ARTICLE V.
Fire

and

other employees as the

CLERK.Sec. 500.The

is hereby created the Office of the City Clerk to exercise the powers and duties provided for the City Clerk in this Charter. The person elected to hold the Office of the City Clerk shall be elected by the voters of the City,in the manner provided in this Charter, and shall devote his or
There

City Clerk.

her entire
to hold

time

to the duties of the office. Sec.501. Eligibility

office.To be eligible 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 experience as a city clerk or deputy city clerk. All of these eligibility requirements must be satisfied at least twenty-nine ( 29) days prior to the date of filing nomination papers for election to
to hold

office and continuously thereafter

during

the

term

of office. PAGE 8

OF 27

Proposed

Charter for the

City of San Bernardino

Sec. 502.

Term of office.

The person elected to hold the Office of the City Clerk shall be elected to serve for a term of four ( 4) years. The term shall begin on the first meeting of the Common Council in March
off election, following the City Clerk' s election, or if the City Clerk is elected at a runthen on the first rneeting at which the election results are certified. The term shall continue until a successor is elected

Sec.503. Deputy City Clerks and employees. The City Clerk may appoint, discipline, remove, and and duties of all Deputy City Clerks and other employees working in the Office of Clerk.All Deputy City Clerks and other employees shall serve at the pleasure of the
other City Clerk. Sec. 504. Powers

and qualifies.

prescribe qualifications the City

and duties.The powers and duties

as

of the

City Clerk

shall

be

and the ordinances, resolutions, contracts, records, and other documents of the City entrusted to the City
Keep all ordinances, resolutions, contracts, records,and s care. B. other documents properly indexed and, when not in actual use,open during regular office

follows: A. Serve as the custodian

of

the City seal

Clerk'

hours
to

public

inspection.

C. Keep a

record and

have custody

of

all

official

bonds,

and

place that

and renew all corporate surety bonds of officers and employees, the reliability of the corporate sureties has been approved by
the

provided

Common Council.

Common
of

Council,

and keep a

Give all required D. record

notices

and

attend all meetings of the

its proceedings. E. Administer

provided

all oaths

and

affirmations,

except as

otherwise

by all

this

Charter. F. Conduct

or cause the

conduct
business

of
certificates and all

municipal elections.

Issue G.

registration

countersign

warrants

on the
and XIII
of

City treasury, except warrants of the

boards established under Articles XII

this Charter. H. Perform

the

duties of a city

clerk

established

by

state

law,

or ordinance or

resolution of

the City, where not inconsistent

with this Charter. PAGE

Proposed Charter for

ARTICLE VI. CITY ATTORNEY.

the

City of San

Bernardino

City Attorney. hereby created the position of City Attorney. The Mayor shall appoint Attorney subject to confirmation by the Common Council, and the Mayor may remove Attorney subject to confirmation by the Common Council. The person appointed Attorney shall devote his or her entire time to the duties of the office.
There is
Sec. 601.

Sec. 600.

The

the the
as

City City City

Eligibility. eligible to be appointed as City Attorney, a person must be an attorneyatlaw licensed to practice in all the courts of the State of California, and prior to appointment must have engaged in the practice of law in the State of California for at least five 5) years, ( with at least five ( years experience as either a city attorney or 5) deputy city attorney, or compar a bl e of possess a understanding
To be municipal law.

Sec. 602.Deputy City Attorneys and other employees. The City Attorney may appoint, discipline, remove, and prescribe qualifications and duties for all Deputy City Attorneys and other employees working under the direction and control of the City Attorney. Every Deputy City Attorney shall be a fully licensed attorney- atlaw at the time of appointment and continuously thereafter. All Deputy City Attorneys and other employees shall serve at the pleasure of
the City Attorney.

Sec. 603.Duties. The

be

duties of

the City

Attorney

shall

as follows:

cornmissions in all

Advise the Mayor, Common Council, officers, and boards and A. matters of law pertaining to their offices,
rneetings of

powers,

and duties.

Attend all B.

the

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

Common

are

Represent and appear for all city officers or employees or a party. D. of f i c ers former or employees in any action or proceeding brought against him or her, in his or her official or individual capacity, on account of an act or omission in the scope of his or her employment as an officer or employee of the City, whenever is required by state law or whenever the Common City the Council elects to

provide

such

defense.

E. Prosecute on

behalf

of the People violations

of

this Charter or

ordinances

of the

City, and

prosecute on

behalf

of the People misdemeanor

offenses and infractions PAGE

Proposed

Charter for the

City of San

Bernardino

ansmg from the violation of state law and for which the City Attorney is specifically granted the power of enforcement by state law or those violations which
F. Sec. 604.
are

drug

or

vice related.
services

Perform other Prohibition

legal

requested by the Mayor

or

Common Council.

The
Sec. 605.

City Attorney
Outside

shall not conduct any counsel.

against private practice. private

law

practice

while

holding

office.

legal

The

Mayor

and Common Council shall

and engage such outside inhabitants thereof.

legal

have the power and authority to employ counsel and services for the interest and benefit of the City and the

jointly

ARTICLE VII. CITY TREASURER.

City Treasurer. hereby created the position of City Treasurer. The procedures for appointing and the qualifications for the City Treasurer, and the duties, responsibilities, and functions of the City Treasurer, shall be established, defined, and altered by ordinance of the City. The City Treasurer shall perform the duties of a city treasurer established by state law where not inconsistent with this Charter or ordinances of the City.
There is

Sec. 700.

The

ARTICLE VIII. VACANCIES.

Sec. 800.

Vacancies and forfeiture of office.

occurrence of any of the following: an of office as in the Government Code of the State of vacancy public provided California, removal of the incumbent from the office in any manner authorized by law, or forfeiture of the office. An elected officer shall forfeit the office if the elected officer lacks at

An elected office shall become vacant upon the

a

event that causes

any time during the term of office the eligibility requirements for the office established by this Charter or by law, or the elected officer accepts or retains another elected office or employment
as

prohibited by

this Charter

or

resolution of the Common Council filled in the

Sec. 801.
manner

by law. The existence of a vacancy shall be declared by stating the reasons for the vacancy, and the vacancy shall be

provided

in this Charter.

Filling
an

vacancies in elected offices. the Common

If

elected office is declared vacant in accordance with this

to confirmation
a

Council, person appoint, subject by The person appointed to fill the vacancy, shall serve in the elected office until a person is elected to the office for the remainder of the unexpired term or for a new term, at a special municipal
PAGE 11 OF27

article, the Mayor shall eligible to fill the vacancy.

Proposed Charter for the City of San

election to be held
no

Bernardino The
no

later than

one

hundred and

special municipal election required by this later than thirty ( 30) days after the Common
Sec. 802.

eighty (180) days after section shall be called by the

Council declares the vacancy.

the declaration.

Common Council

vacancy in the Office of the Mayor. If the Office of the Mayor is declared vacant in accordance with this

Filling

article, the Mayor

Tempore Pro-

the right to vote as the Mayor for the remainder of the unexpired term or for a new term, at a special municipal election to be held no later than one hundred and eighty ( 180)days after the declaration. If the Office of Mayor Pro- Tempore is vacant at the time the Office of the Mayor is declared vacant, the Common Council shall select one (I) of its members to serve as Mayor in accordance this sect i o n, a person is elected to the Office of the Mayor in accordance with this with until section. The special municipal election required by this section shall be called by the Common Council no later than thirty ( 30) days after the Common Council declares

as Mayor with all powers and duties of the Mayor, and shall retain a member of the Common Council, until a person is elected to the Office of
shall serve

the vacancy. IX. ELECTIONS. General Sec. 900.

ARTICLE

municipal

elections. General municipal elections

as the Common Council may prescribe, shall Monday of November of each odd

for the election of officers and for such other purposes be held on the first Tuesday following the first

numbered year.

Sec. Run901.

off municipal elections. If in 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 that

held on the first Tuesday after the first Monday in February. Notwithstanding any other section of this Charter, whenever a county- wide or state- wide election is scheduled within sixty ( 60) days after the date on which a run- off municipal election would otherwise be held pursuant to this Charter, the City shall consolidate the runoff municipal election with the county- wide candi d at e s recei v i n g or state- wide election. The two the highest number of votes for the office in the general municipal election
election

fact, call a run- off municipal

to be

shall be

declared the

candidates

off municipal election. Sec. 902.Special municipal elections. All other municipal elections that may runbe held by authority of this Charter or of any law, shall be known as
special

for the

municipal elections.

Notwithstanding

any other section of

this

Charter,

whenever

a county- wide election, state- wide

off municipal election election, general municipal election, or run-

is scheduled within sixty ( 60)days of the date on which a special municipal election would otherwise be held pursuant to this Charter, the City shall

consolidate the special municipal

Proposed
or

Charter for the

City of San
in

Bernardino election

runoff municipal

election. The

candidate

receiving the most votes

a special
results

shall take office at the

first

meeting ofthe Common Council at which the election

are

certified. Sec.

903. Election

dates. In 2001 and every four ( 4) years thereafter, a general municipal election shall be held to elect persons to the following elected offices of the City:Office of the Mayor, Councilmember First Ward, Councilmember Second Ward, and Councilmember Fourth Ward. In 2003 and

years thereafter, a general municipal election shall be held to elect persons to 4) Councilmember Third the following elected offices of the City: Office of the City Clerk,
Ward, Councilmember Ward. Sec. Councilmember Sixth Ward, Councilmember Seventh Fifth Ward,

every

four (

904. Procedures

elections. To the extent

for holding not provided for and to

the extent not

all elections shall be held in accordance with

the Government Code of the State of California for

the the holding of

in conflict with this Charter, provisions of the Elections Code and

municipal

elections.ARTICLE RECALL. Sec.

X. INITIATIVE,REFERENDUM, AND

1000.

the the provisions

Generally. The powers of initiative, referendum, and recall are hereby reserved to the voters of City. To the extent not provided for and to the extent not in conflict with this Charter,

of the Elections Code of the State of California shall govern the exercise of the powers of initiative,referendum, and
recall. Sec. 1001. adopt

Initiative. Any proposed ordinance which the Common Council itself might
be submit ed to the Common
the Common Councilor submit ed to the voters of

may

Council by petition requesting that the ordinance be adopted by the City. This process shall be known as the initiative. To commence proceedings to exercise the power of initiative, a proposed ordinance must be submit ed to the City Clerk, ac ompanied by a petition signed by qualified voters of of the entire vote cast for all the City equal in number to twenty- five percent ( 25%) for Mayor at the last election at the Mayor was elected. Initiatives to amend the candidates which Charter shall be governed by provisions of the California Constitution and applicable provisions of state law concerning
charter amendments. Sec.

any ordinance duly adopted by the Common Council, a petition may be submitted to the Common Council, suspending such ordinance from operation, and requiring the Common Council to reconsider such ordinance, and if the same is not entirely repealed, submit the ordinance to the voters of the City. This process shall be known as the referendum. To commence proceedings to exercise the power of referendum, a petition must be submitted to the City Clerk within thirty (30)days after the date of final adoption for the ordinance that
1002. Referendum. For
is the PAGE 13

Proposed

Charter for the

City of San

Bernardino

subject

of the referendum.

At the time of the

voters of the

all candidates

City equal for Mayor at

1003.

in number to

submission, the petition must be signed by qualified of the entire vote cast for twenty-five percent ( 25%) last election at which the Mayor was

elected. Sec.

Recall.

Every incumbent
fill

in

an elected office in

the

City,whether

or a vacancy, may be removed from the elected vote for such elected office. This process shall be known as the
elected office

appointed to

office by recall. Any

elected by popular vote the voters eligible to

vacancy
of

an

caused

by the recall of an elected officer shall be filled in accordance with

the

Charter. No person recalled from an elected office or who resigned from elected office while recall proceedings were pending, shall be appointed to any office within two ( 2) years after the recall or resignation. To commence proceedings to exercise the power of recall, a
petition must be submit ed to

provisions of this

the

City

Clerk. At the time

of submission, the

petition

must

by
fol owing:

qualified

voters

eligible to vote for

the

incumbent

equal in number to the lesser of

be signed the

A. Twenty- five percent ( 25%) of the registered voters eligible to vote for the incumbent proposed to be recalled, according to the last official report of registration to the Secretary of State of California by the county elections official of the County of
Bernardino. B. The entire vote cast for all candidates for the elected office from which the that elected office;

San

incumbent
but

is proposed

to

be recalled, at the last

election held for

in no circumstance shall this number be less than ten percent ( 10%) the registered voters eligible to vote for the incumbent proposed to of be recalled, according to the last official report to the Secretary of State of California,

by the county elections official of the County of

San Bernardino. AND COMMISSIONS.

Sec.

ARTICLE XI. BOARDS

1100.Creation. Operational, advisory, appellate, or rule- making boards and commissions for the proper operation of any function or agency of the City may be established by ordinance of the City. The ordinance shall prescribe the powers, duties, functions, and jurisdiction of the board or commission, and shall establish the number of members of the board or compensation, and reimbursement for commission,and their qualifications, terms,
Sec. 1101.Appointment and any. removal of members. The procedure for appointing members of boards or commissions established under this article shall be established by ordinance of the City. Any rnember of a board or comrnission established under this article may be removed by the affirmative vote of at least expenses, if

five ( 5) members of

the Cornmon Council. PAGE

Proposed

Charter for the

City of San

Bernardino

ARTICLE XII ( ARTICLE RESERVED) Sec. 1200. Sec. 1201. Sec. 1202. Sec. 1203. Sec. 1204.
Sec. 1205.

Section Reserved)
Section Reserved)

Section Reserved) Section Reserved) Section Reserved)

Section Reserved)

Sec. 1206. Sec. 1207. Sec. 1208. Sec. 1209. Sec. 1210. Sec. 1211. Sec. 1212.

Section Reserved) Section Reserved) Section Reserved) Section Reserved) Section Reserved) Section Reserved) Section Reserved)

ARTICLE XIII. BOARD OF LIBRARY TRUSTEES.

Sec. 1300.

Creation. in this

There is

prescribed
Sec. 1301.

hereby created the Board of Library Trustees to exercise the powers and duties article, in a manner consistent with this Charter and ordinances of the City.

appointed by the Mayor, subject by eligible appointment to the Board of Library Trustees, a person must be a qualified elector of the City. This eligibility requirement must be satisfied at least twenty- nine ( 29) days prior to the date of appointment and continuously thereafter during the term of appointment. Persons appointed to the Board years and thereafter until a suc es or is of Library Trustees shall serve a term of six ( 6) composed
to confirmation

The Board of

Membership. Library

Trustees shall be

of five ( 5) members for

the Common Council. To be

appointed PAGE 15 OF

Proposed Charter for

and

the

City of San Bernardino

qualifies. meeting of the

One (I) appointment to the Board of

Common Council in

May

of each of the

years thereafter: 2003, 2004, 2005, 2006, and Library Trustees may be removed by the affirmative vote of at least five ( 5) members of the Common Council except for purposes of censorship. If the position of any member on the Board

Library Trustees shall be made at the first following years, and again every six ( 6) 2007. Any person appointed to the Board of

of

Library Trustees shall appoint a person

the Common

is vacated

expiration of that member' s term, the Mayor to fill the remainder of the unexpired term, subject to confirmation by Council. Members of the Board of Library Trustees shall serve without salary
prior

to the

or
compensation. Sec. 1302.Powers and

duties. The Board of Library Trustees shall have the power

to:

and

duty

Manage, control, and A. libraries within the

B.Make

operate

central public

library and

branch public

City.

laws necessary all rules, regulations, and byfor the administration, governance, and protection of the public library system and all property belonging thereto or that may be
Appoint, discipline, remove, fix compensation, and prescribe thereto. C. qualifications and duties for the director of the public

and

enforce

loaned

library

system. D. Subject to the procedures of the personnel system established pursuant to this Charter, appoint, discipline, remove, fix compensation, and prescribe qualifications and duties for such officers and employees as may be necessary or convenient for the administration, governance, and protection of the
public

library

system. E. Purchase technology,

books,journals,publications, information systems

and

and other personal property, and rent and equip such buildings or rooms as may be necessary or proper for the operation and maintenance of the
public

library

form established by the Mayor, submit a to the detailing a complete financial plan of all operations and activities of the public library system. The recommended budget a c o m p a n i e d message by a shall be describing the important features of the budget, indicating any major changes from the preceding year in expenditures and revenues, together with the reasons for the changes, and include such other information as the Mayor
recommended budget
Mayor

system. F.At the time and in the

deems appropriate. PAGE 16

Proposed Charter for the City of San

G.

Bernardino receive

Administer any trust declared

or

created for the

public library system, and

or

devise any monies or real or by grant, entitlement, donation, gift, bequest, personal property, and where not otherwise provided, dispose of such property for the benefit of the
H. Borrow

public library system.

library materials to other jurisdictions and allow residents to borrow books and other library materials upon such conditions nonas the Board of Library Trustees may
or

lend books and other

prescribe.

I. Contract with

schools, counties, or other governmental

services

agencies to

render

or
facilities. Sec.

receive library

or

known as the Library Fund, the monies in for support of solely used financial the public library system. All monies in the Library Fund shall be kept separate and apart from other monies of the City and shall be drawn Trustees. Monies received from only upon demands authenticated by the Board of Library created

1303.Library Fund. There is hereby

a fund to be

which shall be

the
Fund:

following

sources,including any

interest earned thereon, shall

be

deposited in operations of

the

Library

A. Revenues generated from

any fines,

sales,

or

the public

library
system.

the City or by the Board of Library Trustees from any local, state, or federal grants or entitlements, or from donations, gifts, bequests, or devises, expressly designated for use in support of the public library system; unless the deposit of such monies into the Library Fund would be inconsistent with the terms or conditions of its acquisition, in which case the Board of Library Trustees shall provide for the safety and preservation of such monies and shall make use thereof in accordance with the terms and conditions applicable received
1304. Title

Monies B.

by

thereto. Sec.

to

property. Unless inconsistent with the terms of its acquisition, title to all real and personal property, now owned or hereafter acquired by purchase, donation, bequest, or otherwise, for the purpose
or

use of

the public library

system, shall vest and be and remain in

the

name of

the

ARTICLE City.

XIV. ARTICLE (

RESERVED) Sec.
Reserved) Sec.

1400.Section 1401.Section 1402.Section

Reserved) Sec.

Reserved) PAGE 17 OF

Proposed

Charter for the

City of San Bernardino

ARTICLE XV. PLANNING COMMISSION. Sec. 1500. times at

Creation.

There is

hereby

created the

Planning Commission

which, and the

terms for which the members of the

appointed, their qualifications and the number shall be established by ordinance of the City.
Sec. 1501. Powers.

City. The manner in which, the Planning Comrnission shall be which shall constitute the Planning Commission

for the

The

by

state

Planning Commission shall exercise the powers delegated to a planning law and by ordinance of the City, where not inconsistent with this Charter.

commission

ARTICLE XVI. CHARTER REVIEW COMMITTEE. Sec. 1600.

In Creation.

Committee shall be

January 2010, and appointed

in

January every ten ( 10) years thereafter, a Charter Review in accordance with the procedures established for appointments
serve on a

under Article XI of this Charter. The members shall

voluntary

basis and without

compensation. The Mayor and Common more often, if they deem it necessary.
Sec. 1601. The Duties and

Council may

appoint

a . Charter

Review Committee

procedure.
shall, after study and holding public meetings,

Charter Review Committee

recommend to the Common Council any amendments to the Charter for placement on the ballot at the next general municipal election. The final recommendations of the Charter Review Committee shall be
Common Council

presented to the Common Council no later than the in February in the year following the appointment of

first

meeting

of the

the Charter Review

Committee. election.

The Common Council shall receive the recommendations of the Charter Review Committee prior to the last day to place measures on the ballot for the next general municipal

ARTICLE XVII. SALARY COMMITTEE. Sec. 1700.

In
a

Creation.

January 2002, and

in

January
of

Salary

Committee

consisting

seven (

of every two ( 2) years thereafter, the Mayor shall appoint 7) members, subject to confirmation by the Common

Council. No person shall be appointed to the Salary Committee while serving as an officer or employee of the City, nor within two ( 2) years after holding such a position. Members of the

Salary

Committee shall

serve on a

voluntary basis.
PAGE 18 OF 27

Proposed Charter for the City of San Bernardino

procedures. 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 the end of the fiscal year, the Salary Committee shall make a recommendation to the Common Council concerning the total compensation, including salary and benefits, for each elected official of the City. The Common Council shall adopt or disapprove the recommendation of the Salary Comrnittee prior to the end of the fiscal year. The Common Council shall have no power to alter, amend, or otherwise change the recommendation of the Salary Committee.
The Sec. 1702. If
a

Sec. 1701.

Duties and

Effective date of changes in

change Council, such change

in the total

compensation. compensation for an elected official

is

adopted by

the Common

shall not take effect until after the next election for that elected official.

ARTICLE XVIII. CITIZEN ADVISORY COUNCILS. Sec. 1800. her ward.

Enabling

clause.

or

Each member of the Comrnon Council may create a Citizen Advisory Council within his The composition of a Citizen Advisory Council shall be determined by the the

Councilmember, but
Councilmember' s

composition

should

reflect

the
of

diverse

interests

within

the

Citizen Advisory Council shall should the underlying purposes of this article which are as fol ows: ( a) neighborhood, and community to promote citizen, participation in city governance and policy- making; ( b) to help Councilmembers stay informed of the issues and concerns in their respective wards; ( c) to support and augment existing neighborhood empowerment activities within the City; ( d) to help neighborhoods discover and build their strengths and find creat i v e solutions to develop and on to their problems; and ( e) nurture leadership within the neighborhoods and communities of
be

ward. The specific role and function but it

determined by the Councilmember,

generally

serve

the City. ARTICLE

XIX. PERSONNEL. Sec.

1900. A.

Personnel
demonstrated

system. officers and employees

Merit

shall

principle. All appointments and promotions of city be made solely on the basis of merit and fitness,
reliable

by a valid and

examination or other evidence

federal

of

competence.

B. Merit system. Consistent with all applicable

policies

and

state

laws,

a merit system governing personnel necessary administer the employees of the City' s departments, agencies, and offices, shall be established by ordinance of the City.The merit system shall include, but not be limited to, classification and pay plans,qualifications and
to effectively
examinations, provisional and PAGE

Proposed Charter for the City of San

Bernardino

exempt appointments, employee duties and working conditions, inservice training, disciplinary actions, force reductions, removals, grievances,

and relationships with employee

Sec. 1901.
A.

organizations. Civil Service Board of

is hereby created the Civil Service Board of Appeals to exercise the powers and duties prescribed in this section in a manner consistent with this Charter and ordinances of the
City. Membership. The Civil Service Board of Appeals shall be composed of five ( 5) members appointed by the Mayor, subject to confirmation by the Common Council. To be eligible for appointment to the Civil Service Board of Appeals, a person must be a qualified elector of the City. This eligibility requirement must be satisfied at least twenty- nine (29) days prior to the date of appointment and continuously thereafter during the term of appointment. Persons appointed to the Civil Service Board of Appeals shall serve a term of six 6) years ( and thereafter until a successor is appointed and qualif es. One I) ( appointment to the Civil Service Board of Appeals shall be made at the first meeting of the Common Council in May of each of the following years, and again every six 6) years thereafter: 2003, 2004, 2005, 2006,and 2007. Any person appointed to the Civil Service Board of Appeals may be removed by the affirmative vote of at least five 5) members of the Common Council. If the position of any member on the Civil Service Board of Appeals is vacated prior to the expiration of that member' s term, the Mayor shall appoint a person to fill the remainder of the unexpired term, subject to
confirmation by the

Appeals. Creation. There

B.

C.

affirm, decision resulting in the discipline, demotion, suspension, who is under the classified personnel system, and
may

Appeals

Common Council. Powers and duties. The Civil Service Board of overrule, or modify on appeal any final administrative
or removal of an employee

its decision

shall

be final.Sec. 1902. Nondiscrimination. No person shall be appointed to or removed from, or any f a vored or discriminated against,with respect to any city employment, position, contract, in way or appointment for any reason or condition prohibited by state

nonlaws and regulations. Sec. 1903.Nepotism. The Mayor, members of the Common Council, members of boards or commissions, and any department head, agency head, or other officer having appointive power, shall not recommend the appointment of, appoint, or vote for or eject to any office, position, or employment with the City, any member of said officer' s immediate family. For purposes of this section, the term " immediate family" is defined as a spouse, son, daughter, mother, father, brother, sister, grandchild, grandparent,
discrimination
aunt,uncle, nephew, or

or federal

Proposed
relatives, and relatives, stepin- laws, as

Charter for the

City of San

Bernardino

or uses the domicile of may

said

officer
and

as

well as any person who regularly cohabits with his or her residence.Any appointment made in violation against nepotism five 5) ( members of the Common Council proposed appointment is in the best interest of least

of this section shall be void

of

no

effect. The foregoing prohibition

be

waived

by an affirmative vote of at

upon

a finding

that the

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- elected officers of the City,except those directly appointed by the Common Council under Article III of this Charter.In making compensation determinations, the Mayor shall consult with and receive input from the City Administrator and any affected department head, agency head,and other officer of the City. All compensation determinations by the Mayor shall be subject to confirmation
by

the City.

the Common

Council.ARTICLE

XX. FISCAL

ADMINISTRATION. Sec. 2000. Fiscal year. The fiscal

year

of the City

shall be established by ordinance

of the at

City.

the City shall provide in the form and the the directed Administrator all information required to develop a budget conforming to modern budget practices and procedures as well as specific Council may require. Under the direction and control of the information which the Common Mayor, the City Administrator shall prepare a budget that provides a complete financial plan of all City operations and activities for the next fiscal year. In preparing the budget, the City Administrator shall review the information and hold conferences thereon with the department heads, agency heads, and officers of the City. The Mayor shall present the budget to the Common Council, in such form as the Mayor deems appropriate after consultation with the Common Council. Following at least one public meeting on the budget, the Common Council shall adopt by resolution a budget of proposed expenditures and appropriations necessary therefor for the next fiscal year, failing which, the appropriations for current operations of the last fiscal year shall be deemed effective until the new budget and appropriation office
time

Sec. 2001. Budget. Each department, agency, and

by

of

Mayor and City

measures are

adopted. Sec. submitted

by the Mayor to the Common

2002. Budget message. The budget

Council shall

be

accompanied by a budget message which shall explain the budget. The budget message shall outline the proposed financial policies of the City for the next fiscal year,describe the important features of the budget, indicate any major changes from the preceding year in financial policies, expenditures, and revenues, together with the reasons for the changes, summarize the City' s debt position, and include such other information as
the Mayor deems appropriate.

Proposed

Charter for the

City of San

Bernardino

Sec. 2003. Sec. 2004.

Section Reserved)

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, direct
or

indirect, in the fiscal affairs of the City or any of its employees or officers. The accountant shall perform an annual audit of the books, financial records, and related documents of the City
in accordance with

public agencies, and shall have free access to the books, records, inventories, and reports of all officers and employees who receive, such and other or disburse handle, officers, employees, departments, or agencies as public funds, the Cornmon Council may direct. As soon as practicable after the end of the fiscal year, a final audit and management report shall be submitted by the accountant to the Mayor and Common Council, and shall be available thereafter for public review and inspection.

generally accepted auditing

standards for

ARTICLE XXI. TRANSITION.

operative date. As used in this Charter, the term "Adoption Date" means the date upon which this Charter is filed in accordance with state law, and the term " Operative Date"means the date of July 1, 2001,except as otherwise provided in this Adoption
Charter. Sec.

Sec. 2100.

date and

2101.Officers,employees, boards, and commissions. Except as provided in this section, all officers, employees, and persons
or commission of
City

the the to employments, and appointments without interruption and under the their respective offices, same terms and conditions until provisions have been made otherwise in accordance with this Charter or until the election,employment, or appointment of their
board

any of

on

Adoption Date shall continue

serving on perform the duties

successor.

A.City Attorney and City Treasurer. Upon the Adoption Date, the persons serving in the elected offices of the City Attorney and the City Treasurer as established by the previous charter, shall serve, respectively, as the appointed City Attorney and the appointed City Treasurer as established under this Charter, until a person is appointed to such office in accordance with this Charter, or the office is vacated, or the Operative Date, whichever is
B. Park and Recreation

earlier.

Commission. The Park and Recreation

Charter,

existed immediately prior to the Adoption Date, shall continue in effect as a commission established by ordinance pursuant to Section 2106 of this Charter, and each person appointed as a
member of the Park and Recreation Commission shall
continue as

Commission

established

by

the previous

as it

a member and

continue PAGE 22 OF

Proposed
to

Charter for the

City of San

Bernardino

the duties of the Park and Recreation Commission in accordance with such ordinance.

perform

C.

Mayor Pro-Tempore. Within ninety ( 90)days after the Adoption Date, the Mayor shall appoint a person to serve as Mayor Pro- Tempore in
accordance with Section 404 of

this

Charter. D.

Section

Reserved) E.Board of Trustees of the of the

Free

Public Library. The Board of Trustees

Library of the previous Charter, to the Adoption Date,shall continue to exist but shall perform the functions of the Board of Library Trustees pursuant to Article XIII of this Charter, and all members thereof shall continue to serve until the expiration of their respective terms, unless the member resigns or is otherwise
as
immediately prior

Free it existed

Public

established by Section 205

removed in accordance with this Charter. To transition to the new terms for members of the Board of Library Trustees under Section 1301 of this Charter,

following transitional appointments shall be made as the terms of the members in 2) on the Adoption Date expire: one I) ( appointment for two ( years, 3) years, and years one I) (appointment for three ( one I) (appointment for six 6) ( shall be rnade at the first meeting of the Common Council in May 2001; and 2) years and one appointment for three (3) years one I) ( appointment for two ( shall be made at the first meeting of the Common Council in May 2003. Upon the expiration of the term of each transitional appointment made pursuant to this section, all subsequent appointments shall be made in accordance
office
with Section 1301 of
this

the

Board established by Section 246 of the it existed to the Adoption Date, shall continue to exist but, after the Operative Date or the earlier adoption of the ordinance required by Article XIX of this Charter, it shall perform the functions of the Civil Service Board of Appeals pursuant to Section 190 I of this Charter, and all members thereof shall continue to serve until the expiration of their respective terms, unless the member resigns or is otherwise
previous

Charter. F. Civil

Service Board. The Civil Service

immediately prior

Charter, as

removed in accordance with

this Charter. To transition

to

the new

terms for members

Board of Appeals under Section 190 I of this Charter, following transitional appointments shall be made as the terms of the members in office on the Adoption Date expire: 2) years and one I) ( appointment for two ( years shall be made at the first meeting of one I) ( appointment for six 6) ( the Common Council in May 200 I; one I) I) year and (appointment for one (
the

of the Civil Service

one appointment

for

Council the first meeting

in

2) years shall be made at the first meeting of the Common two ( May 2003; and one I) I) year shall be made at ( appointment for one ( of the Common

Council

in

May 2005. Upon

the expiration of the

term of PAGE 23

Proposed
each transitional

Charter for the

City of San Bernardino

appointments
Sec. 2102.

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

Initial salaries of elected officers.

A.

Mayor. Effective on the Adoption Date, the Mayor' s salary shall be increased 80, 000. 00) per year. After the Adoption to eighty thousand dollars ($ all adjustments to the total compensation paid to Mayor, including salary, shall Date, be in accordance with the provisions of
this Charter. Members of the

B.

Common

Council.

Effective

on the

Adoption

Date,

the salary for members of the Common Council shall be increased to twelve thousand dollars ($ 12, 000. 00) per year.After the Adoption Date, all adjustments

to the

total

Council, including salary, shall be in

c.

compensation paid to members of accordance with the provisions

the Common

of
total

this

Charter.

Salary

of

Adoption Date, the Common

City Clerk. Within Council shall establish

ninety (90) days after the by resolution the initial establishes adjustments

compensation for the City Clerk. After the Common Council the initial total compensation of the City Clerk by resolution, all to the total compensation paid to the City Clerk, including salary, shall in accordance with the provisions
of this

be

Charter.Sec. 2103. Municipal regulations. On or after the Operative Date,all ordinances, resolutions, orders, and other regulations not inconsistent with, conflicting with, or interfering with the rules, effective operation of this Charter, shall remain and continue in force until duly amended, repealed, or other regulation in effect on the or replaced. Any ordinance, resolution, order, rule, Operative Date, regardless of the method, manner, or time of adoption, is hereby repealed to the extent inconsistent with, conflicting with, or interfering with the effective operation of this Charter. It is not adopt said ordinances, resolutions, orders,rules or other regulations, but the intent to reto continue them in effect. After the Adoption Date and prior to the Operative Date,
laws
and

the

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

following shall

consistent

with this Charter.B. Conformance Attorney and City Clerk shall

to the Mayor and

The City review all ordinances and resolutions, and shall report propose to the Common Council the amendment or

of

ordinances and

resolutions.

repeal of

any

existing ordinance, resolution, or order necessary to be

consistent

with

this Charter, or the

Proposed Charter for

the

City of San

Bernardino

adoption of new ordinances, resolutions, or provisions of this Charter.

Sec. 2104. Previous

orders necessary to

implement

the

personnel system. Operative Date, the provisions of sections 246 through 261 of the previous Charter as they existed immediately prior to the Adoption Date, and any ordinances, rules, or regulations adopted pursuant thereto, shall continue in full force and effect except as the same may hereafter be changed by amendment thereof in the manner provided by law. After the Operative Date or the earlier adoption of the ordinance required in Article XIX of this Charter, said sections, and any ordinances, rules, or regulations adopted pursuant thereto, shall immediately cease to have any force or effect. The adoption of this Charter shall not affect any employee grievance proceeding or action that has been commenced prior to the Adoption Date.
Until the

Safety Employees' Salaries. 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 any force and effect upon adoption and implementation of SB402 or similar binding arbitration actions from the State, and the expiration of the current labor contracts. In the event SB402 or similar legislation is repealed, the City of San Bernardino shall maintain in effect the rules and regulations contained in SB402 or any similar binding arbitration action from the State.
The
Sec. 2106. The
Previous charter sections treated
as

Sec. 2105.

ordinances.

previous charter, as they existed immediately prior to the Adoption by ordinance, and may be amended, repealed, or replaced by ordinance after the Adoption Date. To the extent of conflict or inconsistency between the previous charter sections treated as if enacted by ordinance under this section and this Charter, this Charter shall prevail.
Date, shall be treated
as

following

sections of the

if enacted

Section 70

Section 180

Section 2 I 4 Section 215 Section 216

Section 217 Section 219

Section 131 Section 132

Section 135 Section 139 Section 140 Section 143 Section 149

Section 181
Section 182 Section 183 Section 184

Section 185
Section 210 Section 2 I 2 Section 213

Section 229
Section 234 Section 238 Section 240

PAGE 25 OF 27

Proposed

Charter for the

City of San

Bernardino

Effectiveness and repeal offormer charter. Upon 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 not or otherwise amended this and said Charter Section 41 shall continue in full repealed Charter, by force and effect in this Charter numbered as Section 2003, (System for Assessment, Levy, and Collection of Taxes); ( 2) Charter Section 134 and Charter Sections 160 through 171, inclusive,
the

Sec. 2107.

repealed nor otherwise amended by this Charter and said Charter Section 134 and Charter through 171, inclusive, shall continue in full force and effect in this Charter numbered 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 and
are

not

Sections 160

numbered

said Charter Sections 190, 191 and 192 shall continue in full force and effect in this Charter as Sections 1400, 1401 and 1402 in Article XIV.
Elimination oftransition

Sec. 2108.

provisions.

In the event the sections of this article become obsolete in the judgment of the City Attorney, by virtue of the completion of all actions required under the section, the section shall be deemed expired and the City Clerk shall secure removal of that section from the next printing of the Charter.

ARTICLE 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 file the same with the City Clerk.
Sec. 2201. Official bonds.

employees subject to group or individual bonds to insure the faithful of official duties shall be determined by ordinance of the City. The ordinance shall performance fix the amount of such bonds, and shall provide for the payment of the premium of such bonds by the City.
Sec. 2202. Conflicts of interest and ethics.

Officers and

Regulations governing conflicts of interest and ethics applicable to officers, employees, commissions, and candidates for elected office of the City may be established by ordinance of the City. Unless otherwise required by law, the City shall not be required to negotiate or meet and confer with officers, employees, or employee organizations
members of boards and

regarding

the

adoption

or

revision of such

regulations.

PAGE 26 OF 27

Proposed

Charter for the

City of San Bernardino

against holding other office or city positions. Except where authorized by law, no elected officer of the City shall hold any other elected public office during the term for which the person was elected to office. No elected officer shall hold any other municipal office or hold any office or employment, the compensation of which is paid with funds of the City, while serving as an elected officer of the City. Except for the incumbent in an elected office on the Adoption Date that is abolished or otherwise removed from this Charter, no former elected officer of the City shall hold any compensated office or employment with the City, except an elected office, until at least one ( 1) year after the expiration of the term for which the person was elected. Nothing in this section shall be construed to prohibit the appointment of any current or former elected officer of the City to represent the City on the governing board of any regional, state, federal, or other

Sec. 2203.

Prohibition

intergovernmental
Sec. 2204.

agency

or

commission.

Delivery of books,papers, and property to successors. All papers, books, documents, records, archives and other properties prepared for or purchased by the City shall be and remain the property of the City. All officers, department
heads, agency heads, members of boards and commissions, and employees of the City, upon

leaving office

or

termination of

ernployment

or

such papers, documents, records, books, archives and other to the City in their possession or under their control. Sec. 2205.

appointment, shall deliver to their successors all properties pertaining and belonging

Effect of invalidity in part.

If any section, subsection, sentence, clause, or phrase of this Charter, or any amendment thereto, is for any reason held to be unconstitutional or otherwise invalid, that decision shall not affect the validity of the remaining portions of this Charter. The people of the City of San

hereby declare that they would have ratified and adopted this Charter and each section, subsection, sentence, clause, or phrase thereof, and any amendment thereto, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses, phrases or
amendments be declared unconstitutional Sec. 2206. The
of the
nature
or

Bernardino

otherwise invalid.

Violation of charter.

Mayor and Common Council may prescribe by ordinance which provisions, if any, Charter, if violated would constitute a punishable offense and may further prescribe the ofthe offense and the penalty for such violation.

PAGE 27 OF 27

City of San Bernardino

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