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CITY CHARTER
In
effect May, 1965
As
Amended through March 2, 2004
TABLE
OF CONTENTS
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ARTICLE |
TITLE |
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INCORPORATION AND SUCCESSION
SECTION 100. Name.
The City of San Jose, in the
County of Santa Clara, State of California, shall continue to be a municipal
corporation under its present name of “City of San Jose.”
SECTION 101. Boundaries.
The boundaries of the City of
San Jose shall continue as now established until changed in the manner
authorized by law.
SECTION 102. Succession,
Rights, Powers and Liabilities.
The City of San Jose shall
remain vested with and shall continue to own, have, possess, control and enjoy
all property, rights of property and rights of action of every nature and
description (including but not limited to all pueblo lands and pueblo rights)
owned, had, possessed, controlled or enjoyed by it at the time this Charter
takes effect, and is hereby declared to be the successor of the same. It shall
be subject to all debts, obligations and liabilities which exist against the
municipality at the time this Charter takes effect.
POWERS OF THE CITY
SECTION 200. General
Powers.
The City of San Jose shall
have the power to make and enforce all laws and regulations in respect to
municipal affairs, subject only to such restrictions and limitations as may be
provided in this Charter and in the Constitution of the State of California.
The City shall also have all other rights, powers and privileges which are not
prohibited by, or in conflict with, the State Constitution or the Charter and
which it would be proper to specifically set forth in this Charter even though
such are not herein set forth. It shall also have the power to exercise any and
all rights, powers and privileges heretofore or hereafter established, granted
or prescribed by any law of the State, by this Charter or by other lawful
authority, or which a municipal corporation might or could exercise under the
Constitution and laws of the State of California.
The enumeration or
specification in this Charter of any particular power shall not be held to be
exclusive of or any limitation upon the generality of the foregoing provisions.
SECTION 201. Special
Powers.
The City shall have the
following special power: To acquire any property outside the City limits by
eminent domain, or otherwise, for municipal purposes.
SECTION 202. Procedures.
The City shall have the power
to act and may act pursuant to any procedure established by any law of the
State, unless a different procedure is established by this Charter or by
ordinance.
SECTION 203. Continuity
Of Government in Event of Disaster.
In order to provide for
continuity of City government during any emergency resulting from war,
enemy-caused calamity or other disasters of whatever nature, and in order to
otherwise handle any such emergency, the Council is hereby empowered, anything
elsewhere in this Charter to the contrary notwithstanding, to:
(a)
Provide for the appointment or designation of persons to exercise the powers
and discharge the duties of any City offices, whether elective or appointive,
during any such emergency, in the event the regularly elected or appointed
incumbents of said offices are killed, missing, disabled or for some other
cause unable or unavailable to perform the functions and duties of their
respective offices, until said incumbent officers perform or resume performance
of their functions and duties or until, where an actual vacancy exists, a
successor is elected or appointed, pursuant to other provisions of this
Charter, to fill such vacancy;
(b)
Provide for the preservation of essential records needed to protect the rights
of individuals and to conduct emergency operations;
(c)
Provide for the establishment of emergency locations for City government so
that the City could continue to operate;
(d)
Provide for the formulation of plans to use all personnel, facilities and
equipment of government for emergency actions;
(e)
Do such other things as may be authorized by the laws of the State of
California for such purposes.
SECTION 204. City
Government - Ethics.
The citizens of San Jose
expect and must receive the highest standard of ethics from all those in the
public service. City officers and employees must be independent, impartial and
responsible in the performance of their duties and accountable to the members
of the public.
Added at election November
6, 1990
FORM OF GOVERNMENT
SECTION 300. Form of
Government.
The municipal government
established by this Charter shall be known as the “Council-Manager” form of
government.
THE COUNCIL
SECTION 400. Powers
Vested in Council.
All powers of the City and the
determination of all matters of policy shall be vested in the Council, subject
to the provisions of this Charter and the Constitution of the State of
California.
SECTION 401. Composition
of Council.
The composition of the Council
shall be as follows:
(a)
NUMBER OF MEMBERS. The Council shall consist of eleven (11) members, one of
whom shall be the Mayor, each of whom shall have the right to vote on all
matters coming before the Council.
(b)
DISTRICTS. Except as otherwise provided elsewhere in this Charter and excepting
the Mayor who shall be elected at a Regular Municipal Election from the City at
large, each member of the Council shall be elected at a Regular Municipal
Election by one of ten (10) Districts designated by number within the City. The
term “by Districts” shall mean the election of eligible persons, as defined in
Section 404, to the office of member of the Council by the voters of each
District alone.
Amended at election
November 7, 1978
Amended at election
November 8, 1994
SECTION 402. Mayor and
Council Member Term Limits.
The regular term of office of
each member of the Council shall be four (4) years. The Mayor and Council
members shall be subject to the following term limits:
(a)
MAYOR. No person who has been elected to the office of Mayor for two (2)
successive four-year terms shall be eligible to run for election to the office
of Mayor, nor to serve as such, for any additional successive term; but the
above shall not disqualify any person from running for election to the office
of Mayor, nor from further service as Mayor, for any term or terms which are
not successive; nor for any parts of terms which are not successive.
(b)
COUNCIL MEMBER. No person who has been elected to the City Council as a Council
member in any Council District in the City for two (2) successive four-year
terms, after the effective date of this Section, shall be eligible to run for
election as a member of the Council in any Council District, nor appointed to
serve as a Council member for any additional successive term. Any person
appointed or elected to the City Council as a City Council member to fill an
unexpired term of two years or less in length shall be eligible to serve two
successive four-year terms upon the expiration of the unexpired term for which
that person was appointed or elected. Any person appointed or elected to the
City Council as a City Council member to fill an unexpired term of more than two
years in length shall only be eligible to serve one successive four-year term.
The above shall not disqualify any person from running for election to the
Office of Mayor or for any term or terms which are not successive. The
effective date of this Section shall be January 1, 1991.
Amended at election June 2,
1970
Amended at election
November 7, 1978
Amended at election
November 6, 1990
Amended at election
November 8, 1994
SECTION 403. Elections
by Districts.
For the purpose of electing
members of the Council, excepting the Mayor, the City shall be divided into ten
(10) numbered Districts as nearly equal in population as practicable. The
boundaries of the ten Districts shall be established initially by reference to
that certain map of the City of San Jose, entitled “Election Districts of the
City of San Jose”, filed and displayed in the office of the City Clerk, and
drafted according to data contained in the official census of the City as taken
in 1975 and certified by the City Clerk. Thereafter the boundaries of such
Districts shall be subject to alteration and change under the provisions of
this Section.
Following the taking of each
federal decennial census, commencing with the 1980 federal decennial census, the
Council shall, by ordinance, redistrict the City into ten (10) numbered
Districts. If time permits, such ordinance shall be enacted no earlier than
three (3) months and no later than eight (8) months following receipt by the
City Clerk of data containing an enumeration of population by blocks derived
from such census. In no event shall such ordinance be enacted later than
October 31 in the year following the decennial census.
The redistricting ordinance
shall be adopted according to the provisions of Article VI, Section 604 of this
Charter and shall become effective at the expiration of thirty (30) days after
adoption of the ordinance; provided, however, that if the redistricting
ordinance becomes effective on or after the first day on which nomination papers
may be filed for an election to the office of member of the Council, excepting
the Mayor, then the ordinance shall not apply, or be deemed to apply, to that
election or to the person elected to the office of member at such election.
By no later than February 1 in
the year following the decennial census, the Council shall appoint an Advisory
Commission whose purpose shall be to study and make appropriate recommendations
with respect to such redistricting. This Advisory Commission shall consist of
one (1) member from each District, who shall be appointed by the Council member
from that District, and a Chairperson chosen from the City at large, who shall
be appointed by the Mayor. The membership of the Commission shall be
representative of the ethnic make-up of the City at large, to the extent
practicable.
The Advisory Commission shall
conduct at least three public hearings, at various locations in the City,
concerning its recommendations regarding District boundaries, and shall submit
its report and recommendations to the Council within one hundred twenty (120)
days following its appointment.
The Council shall duly
consider the report and recommendations of the Advisory Commission and in
adopting any redistricting ordinance. However, the Council is required to adopt
an ordinance within the period of time required under this Section even if the
Advisory Commission fails to provide recommendations or reports as specified in
this Section.
Except as provided
hereinabove, such Districts shall be used for all elections of members of the
Council, including their recall, and for filling any vacancy in the office of
member of the Council, subsequent to the effective date of such ordinance and
until new Districts are established.
Any territory which is annexed
to or consolidated with the City but not included within a District shall,
prior to or concurrently with completion of the proceedings therefor, be added
to an adjacent District or Districts by the Council by ordinance, which shall
become effective at the expiration of thirty (30) days after adoption and shall
apply to all elections held on and after its effective date.
Any ordinance adopted by the
Council and establishing, changing, or altering the boundaries of any District
shall describe the new boundaries by reference to a map on file in the office
of the City Clerk and/or by a metes-and-bounds description.
In any redistricting, the
Council shall make the Districts as nearly equal in population as may be
practicable, and may, in establishing the boundaries of the Districts, give
consideration to (a) natural boundaries, street lines and/or City boundaries;
(b) geography; (c) cohesiveness, contiguity, integrity and compactness of
territory; and (d) community of interests within each District.
Upon any redistricting pursuant
to the provisions of this Charter, each incumbent member of the Council will
continue, during the remainder of the member’s term, to hold office and to
represent the District by which the member was elected prior to such
redistricting, notwithstanding any provision of Section 404 requiring a member
to be a resident of the District represented by such member.
Amended at election June 2,
1970
Amended at election
November 7, 1978
Amended at election
November 6, 1990
Amended at election June 7,
1994
SECTION 404.
Eligibility.
A person shall not be eligible
to take office as a member of the Council, including Mayor, unless the person
satisfies all of the following conditions:
(a)
The person must have been a citizen of the United States for at least one year
immediately preceding the commencement of the term for which the person is
elected or the date upon which the person is appointed.
(b)
The person must have been a resident of the City of San Jose and, excepting the
Mayor, of the District represented by the person as member, for at least thirty
(30) days immediately preceding the last day specified by law for the filing of
nomination papers with the City Clerk for such office or, if appointed,
preceding the date of the person’s appointment to fill a vacancy.
(c)
If elected to office at a Regular Municipal Election, the person must have been
a registered elector of the City of San Jose on the last day specified by law
for the filing of nomination papers with the City Clerk for such office.
(d)
If appointed to such office, the person must have been a registered elector of
the City of San Jose at the time of the person’s appointment.
A person shall not be eligible
to be a candidate at any election for any Council office, if the person would
not be eligible under the above provisions of this Section to take office if
elected. Any determination as to whether a person has met the eligibility
requirements shall be made at the time the nomination papers are filed and at
the time of taking office.
The incumbent must, at all
times, during the term of office continue being:
(a) a
citizen of the United States;
(b) a
resident of the City of San Jose and, except as provided in Section 403, of the
District which he or she represents;
(c)
and a registered elector of the City.
Amended at election June 2,
1970
Amended at election
November 7, 1978
Amended at election
November 8, 1994
SECTION 405. Judge of
Qualifications.
The Council shall be the judge
of the election and qualification of its members, including the Mayor, and of
any other elective officer, and of the grounds for forfeiture or loss of their
respective offices, and for that purpose shall have the power to subpoena
witnesses, administer oaths and require the production of evidence. A member,
or the Mayor, or the holder of any other elective office, charged with conduct
constituting grounds for forfeiture or loss of his or her office shall be
given, if he or she so demands, an opportunity to be heard in his or her own
defense at a public hearing after reasonable notice to such members.
Amended at election June 7,
1994
SECTION 406. Holding
Other Office.
Except as authorized by this
Charter, no member of the Council shall hold any other City office or City
employment, other than Mayor, during the term for which he or she was elected
to the Council; provided and excepting, however, that a member of the Council
may become a member of any advisory, administrative or governing body of any
special purpose district, entity, organization or committee when such is
authorized by State law or where the offices are not incompatible.
Amended at election June 7,
1994
SECTION
407. The Council; Compensation.
Each member of the Council,
including the Mayor, shall be paid as compensation for his or her services as a
member of the Council, for each calendar month during which he or she is a
member of the Council, a monthly salary which shall be established by ordinance
adopted pursuant to and in accordance with the provisions hereinafter set forth
in this Section. No salary shall be established for any member of the Council,
including the Mayor, except as provided in this Section.
Between March 1st and April
30th of every odd-numbered year, the Council Salary Setting Commission shall
recommend to the Council the amount of monthly salary which it deems
appropriate for the members of the Council, including the Mayor, for the two
year period commencing July 1 of that odd-numbered year. The amount recommended
for each member of the Council shall be the same, except that the amount
recommended for the Mayor may exceed that of the other members of the Council.
The monthly salary shall be in an amount which takes into account the full time
nature of the office and which is commensurate with salaries then being paid
for other public or private positions having similar full time duties,
responsibilities and obligations.
No recommendation shall be
made except upon the affirmative vote of three (3) members of the Commission.
Failure of the Commission to make a recommendation in any year within the time
prescribed shall be deemed to mean a recommendation that no change be made.
Each biennial recommendation,
together with the reasons therefor, shall be made in writing. Before it submits
any such recommendation to the Council, the Commission shall conduct at least
one public hearing on the matter. When such a recommendation has been submitted
to the Council, it shall not thereafter be amended by the Commission.
The Council shall, by
ordinance, which shall be subject to the referendum provisions of this Charter,
adopt the salaries as recommended by the Commission, or in some lesser amount,
but in no event may it increase the amount.
No more than one salary
setting ordinance shall be adopted on the basis of any biennial recommendation,
provided that the Council may, at any time, by ordinance, reduce the salaries
of the members of the Council, including the Mayor. In any salary setting
ordinance adopted hereunder, the salaries for each member of the Council shall
be the same, except that the salary of the Mayor may exceed that of the other
members of the Council. Salaries established by ordinance adopted pursuant to
the provisions of this Section shall remain in effect until amended by a
subsequent ordinance adopted pursuant to the provisions of this Section.
For each member of the
Council, except the Mayor, a sum, as established by the Council Salary Setting
Commission, shall be deducted from the salary of such member for each regular
meeting of the Council, other than regular adjourned meetings, which he or she
fails to attend in each such calendar month; provided, however, that such
deduction shall not be made for his or her failure to attend any meeting during
which he or she is away on authorized City business, or from which he or she is
absent because of his or her own illness or the illness or death of a close
family member. No deduction shall be made from the Salary of the Mayor because
of his or her failure to attend any Council meeting.
Amended at election June 7,
1966
Amended at election June 5,
1973
Amended at election
November 4, 1980
Amended at election
November 4, 1986
SECTION 408.
Reimbursement.
The members of the Council and
the Mayor shall receive reimbursement, if and to the extent such is authorized
by the Council, for expenses incurred in the performance of their duties or
functions of office.
SECTION 409. When Office
Becomes Vacant.
The office of a member of the
Council or of the Mayor becomes vacant on the happening of any of the following
events before the expiration of such officer’s term:
(a)
The death of the incumbent;
(b)
Insanity of the incumbent, when determined by a final judgment or final order
of a court of competent jurisdiction;
(c)
Resignation of the incumbent;
(d)
The incumbent ceases to satisfy any requirements for retention of his or her
office which are set forth elsewhere in this Charter;
(e)
Removal of the incumbent from office;
(f)
Absence of the incumbent from the State of California for more than sixty (60)
days, unless either upon business of the City or with the consent of the
Council. In the case of illness or other urgent necessity, and upon a proper
showing thereof, the time limited for absence from the State shall be extended
by the Council;
(g)
The incumbent ceases to discharge the duties of his or her office for a period
of three (3) consecutive months except when prevented by sickness or when
absent from the State with permission required by this Charter;
(h)
The incumbent being convicted of a felony or of any offense involving a
violation of his or her official duties;
(i)
The refusal or neglect of the incumbent to file his or her official oath or
bond, if such is required by law, within the time prescribed by law;
(j)
The decision of a competent tribunal declaring void the incumbent’s election or
appointment;
(k)
The making of an order vacating the incumbent’s office or declaring his or her
office vacant when he or she fails to furnish an additional or supplemental
bond if such is required of him or her by law;
(l)
The commitment of the incumbent to a hospital or sanitarium, by a court of
competent jurisdiction, as a drug addict, dipsomaniac, inebriate, or stimulant
addict; but in such event the office shall not be deemed vacant until the order
of commitment has become final;
(m)
The incumbent’s absence from five (5) consecutive regular meetings of the
Council, unless excused by written resolution of the Council. No such excuse
shall operate retroactively. No resolution shall excuse an incumbent’s absence
from more than five (5) consecutive regular meetings immediately following the
date of adoption of such resolution although additional resolutions may be
adopted excusing an incumbent’s absence from not more than five (5) additional
regular meetings immediately following the date of each such resolution. For
purposes of this subsection, regular meetings from which an incumbent has been
absent shall not be deemed consecutive if separated by one or more regular
meetings at which such incumbent has been present or his or her absence from
which has been excused by the Council. Also, for purposes of this subsection, “regular
meetings” shall not be deemed to mean or include “regular adjourned meetings”, “special
meetings”, or any committee meetings.
Amended at election June 2,
1970
Amended at election June 7,
1994
SECTION 410. Filling of
Vacancies.
If, for any reason, a vacancy,
as defined by Charter Section 409, occurs in the office of Mayor or Council
member, the Council shall either fill the vacancy by appointment by a majority
of its remaining members, or call an election for the purpose of filling such
vacancy.
(a)
APPOINTMENT. If the vacancy is filled by appointment, the appointment shall be
effective until the end of the unexpired term of office or January 1st
following the next Regular Municipal Election after the appointment, which ever
first occurs.
(b)
ELECTION. If the vacancy is to be filled by election, the election will be for
the entire unexpired term of the office. The election will either be conducted
at a Regular Municipal Election, a General Election or at a Special Municipal
Election, as determined by the Council. The election will be conducted in
accordance with Section 1600.
(c)
INTERIM APPOINTMENT. If a vacant office is to be filled by election, the
Council may make an interim appointment to fill the office until a candidate
has been duly elected and the results of the election have been officially
certified. A person who is appointed during the interim period shall meet the
eligibility requirements to hold office under Section 404 of this Charter.
(d)
ADVANCE REPLACEMENT. When a vacancy is, for any reason, anticipated in advance
of its actual occurrence, the Council may initiate the appointment or election
process in anticipation of the vacancy. The member who will be vacating the
position may participate in the process.
(e)
NO REMAINING MEMBERS. If the offices of all of the Council members and also of
the Mayor should become vacant and no member of the Council remains to fill any
vacancies, the City Clerk shall call and conduct a Special Municipal Election,
as soon as reasonably possible, to fill such offices for the remainder of the
unexpired terms.
(f)
ELECTION DATES. All dates for elections to fill vacancies shall be set by
resolution.
(g)
ELECTION IN 1994. The election held on November 8, 1994 to fill a vacancy
effective January 1, 1995 in Council District 7 shall be deemed to be an
election pursuant to this Section. The person so elected shall serve for the
full term of that office.
Amended at election June 6,
1967
Amended at election June 6,
1972
Amended at election
November 7, 1978
Amended at election
November 8, 1994
SECTION 411. The
Council; Interference With Administrative Matters.
Neither the Council nor any of
its members nor the Mayor shall interfere with the execution by the City
Manager of his or her powers and duties, nor in any manner dictate the
appointment or removal of any City officers or employees whom the City Manager is
empowered to appoint except as expressly provided in Section 411.1. However,
the Council may express its views and fully and freely discuss with the City
Manager anything pertaining to the appointment and removal of such officers and
employees.
Except for the purpose of
inquiries and investigations under Section 416, the Council, its members and
the Mayor shall deal with City officers and employees who are subject to the
direction and supervision of the City Manager, City Attorney, City Auditor,
Independent Police Auditor or City Clerk, solely through the City Manager, City
Attorney, City Auditor, Independent Police Auditor or City Clerk, respectively,
and neither the Council nor its members nor the Mayor shall give orders to any
subordinate officer or employee, either publicly or privately.
Amended at election
November 4, 1986
Amended at election
November 3, 1992
Amended at election
November 5, 1996
SECTION 411.1 Department
Heads; Policy Objectives; Consent to Hire.
(a)
The Council shall adopt a written Statement of Policy for each City Department
which is under the administration of the City Manager. Said Statement of Policy
shall set forth the broad goals, objectives and aspirations to be accomplished
by that Department.
(b)
When the position of head of each Department becomes vacant, the Council shall
review and, if necessary, amend the previously approved Statement of Policy.
The Council also shall adopt a set of questions which are intended to elicit
responses from each prospective appointee concerning the goals, objectives and
aspirations in the Statement of Policy.
For purposes of this section,
the term “department” shall mean any department specified in Charter Section
807 as well as any department created by ordinance pursuant to Charter Section
800.
Prior to appointing any
Department head, the City Manager shall submit to the Council, for its review,
the responses to the Council’s questions submitted by the proposed appointee,
and shall seek the Council’s advice and consent. The appointment shall be made
only if the Council, by the affirmative vote of a majority of its members,
advises the City Manager that it concurs with the proposed appointment. This
section shall not apply to the appointment of any “acting” department head to
serve in an interim capacity.
Added at election November
4, 1986
SECTION 412. Meetings of
the Council.
The Council shall provide, by
ordinance or resolution, not inconsistent with other provisions of this
Section, for the time, place, and manner of holding its meetings. Copies of
such ordinances or resolutions shall be kept on file in the office of the City
Clerk where they shall be available for public inspection. To the extent that
they are not inconsistent with other sections of this Charter, the provisions
of Chapter 9 of Part I of Division 2 of Title 5 of the Government Code, as they
now exist or may hereafter be amended, insofar as they relate to the right of
the public to attend meetings of the Council, the adjournment of regular or
adjourned regular meetings, the calling of special meetings and the holding of
executive sessions, shall govern meetings of the Council. No business shall be
considered at any special meeting other than such as is specified in the notice
of such meeting.
SECTION 413. Citizen
Participation.
Within the established rules
for the conduct of its official proceedings, no person shall be denied the
right personally, or through authorized representatives, to present grievances
or offer suggestions for the betterment of municipal affairs at any regular meeting
of the Council.
SECTION 414. Quorum.
Except as otherwise
specifically provided elsewhere in this Charter, a majority of the entire
membership of the Council shall be necessary to constitute a quorum to do
business, but a lesser number may adjourn from time to time.
SECTION 415. Rules and
Procedure.
The Council shall establish
rules for the conduct of its proceedings, and to preserve order at its
meetings. It shall cause a record of its meetings to be maintained and this
record shall be open to public inspection.
SECTION 416.
Investigations.
The Council may make
investigations into the affairs of the City and the conduct of any City
department, office, or agency, and for this purpose may subpoena witnesses,
administer oaths, take testimony, and require the production of evidence.
Disobedience of any subpoena or the refusal to testify upon other than
constitutional grounds shall be punishable by contempt proceedings.
THE MAYOR
SECTION 500. Mayor.
There shall be a Mayor of the
City of San Jose, elected at large, who shall be the eleventh member of the
Council. Except as otherwise provided elsewhere in the Charter, the Mayor shall
be elected by a majority of the votes cast citywide at a Regular Municipal
Election, for a term of four (4) years from and after the first day of January
following the year of the election.
The office of each member of
the Council, including the office of the member who is Mayor, is a separate
office to be separately filled. Any incumbent member of the Council may run for
the seat of Mayor, and the Mayor may run for the seat of Mayor or for any other
seat on the Council for which the Mayor is otherwise eligible; however, no
member of the Council shall hold more than one seat, and no person may be a
candidate for more than one seat.
Amended at election
November 7, 1978
Amended at election
November 8, 1994
SECTION 501. Political
Position.
It is the intent of this Article
that the Mayor shall be the political leader within the community by providing
guidance and leadership to the Council, by expressing and explaining to the
community the City’s policies and programs and by assisting the Council in the
informed, vigorous and effective exercise of its powers. Political leadership
shall be concerned with the general development of the community and the
general level of City services and activity programs.
SECTION 502. The Mayor;
Powers and Duties.
The Mayor shall have the
following powers and duties:
(a)
The Mayor shall have the power to make recommendations to the Council on
matters of policy and program which require Council decision.
(b)
Not less than annually, the Mayor shall address the citizens of the City
concerning the current status of City affairs and articulating the policy plans
which the Mayor proposes for the City during the ensuring year.
(c)
In addition, the Mayor, at other times during the year, may inform the citizens
concerning any matters of policy or program which the Mayor believes are for
the welfare of the community.
(d)
If the Mayor recommends any increases in the City budget, the Mayor shall
recommend the method of financing such expenditures. If the Mayor proposes the
curtailment of any service, the Mayor shall provide specific recommendations
and the reasons for the proposal.
(e)
The Mayor shall preside at meetings of the Council and shall have a vote as a
member of the Council. The Mayor shall have no veto powers;
(f)
The Mayor shall have authority to preserve order at all Council meetings, to
remove or cause the removal of any person from any meeting of the Council for
disorderly conduct, to enforce the rules of the Council and to determine the
order of business under the rules of the Council;
(g)
The Mayor shall have the power to direct and supervise the Public Information
Office of the City.
(h)
The Mayor shall exercise such other powers and perform such other duties as may
be prescribed by the Council, provided the same are not inconsistent with this
Charter.
Nothing in this Section shall
be construed in any way as an infringement or limitation on the powers and
duties of the City Manager as Chief Administrative Officer and head of the
administrative branch of the City government as prescribed in other sections of
this Charter. Except as otherwise provided in this Charter, the Mayor shall
possess only such authority over the City Manager and the administrative branch
as he or she possesses as one member of the Council.
Amended at election November
4, 1986
SECTION 503. Vice-Mayor.
At the second meeting of the
Council following the end of each even-numbered year within which a Regular
Municipal Election is required to be held, the Council shall elect one of its
members as Vice-Mayor who, until a person is appointed to succeed him or her,
or until his or her office otherwise becomes vacant, shall serve as Vice-Mayor
during the temporary absence or inability of the Mayor to discharge the duties
of his or her office.
In case of the temporary
absence or disability of both the Mayor and Vice-Mayor, the Council shall elect
one of its members to act as Mayor Pro Tempore.
Amended at election June 6,
1972
Amended at election June 7,
1994
Amended at election
November 8, 1994
SECTION 504. Vacancy.
The office of Mayor shall
become and be deemed vacant immediately upon the incumbent’s ceasing to be a
member of the Council.
LEGISLATION
SECTION 600. Council
Action; Method.
The Council shall act only by
ordinance, by resolution or by motion made, seconded and adopted. The vote on
all ordinances, resolutions and motions shall be by “ayes” and “noes.” The
individual vote of each member of the Council shall be entered in the minutes
of the Council, except that where a vote is unanimous, it may be so recorded.
Upon request of any member, a roll-call vote shall be taken and recorded on any
vote. Whenever a roll-call vote of the Council is in order, the City Clerk
shall call the names of members in alphabetical order except that the name of
the presiding officer shall be called last. All members present shall be
required to vote unless disqualified from doing so by law. All written
ordinances and resolutions shall be signed by the Mayor and attested by the
City Clerk.
SECTION 601. Council
Action, Vote Required.
Except as otherwise provided
elsewhere in this Charter, no ordinance, resolution or motion shall be passed,
adopted, or become effective unless it receives the affirmative vote of at
least either (a) four (4) members of the Council, if the vote is taken on or
before December 31, 1980; or (b) six (6) members of the Council, if the vote is
taken on or after January 1, 1981.
Amended at election
November 7, 1978
SECTION 602. Ordinances,
When Required.
The following acts of the
Council shall be by ordinance:
(a)
Those acts required by specific provision of this Charter to be by ordinance;
(b)
Each act the violation of which will constitute a misdemeanor punishable by a
fine or other penalty;
(c)
Each act imposing a new or additional tax, other than the annual property tax;
(d)
Each act granting a franchise.
SECTION 603. Ordinances,
Requisites of.
Every proposed ordinance shall
be introduced in writing. The enacting clause shall be “Be it Ordained by the
Council of the City of San Jose”. Each ordinance shall contain a title which
shall state in general terms the subject or subjects contained in the
ordinance. No section of any ordinance or of any code shall be amended unless
the whole section to be amended is set forth as amended.
SECTION 604. Ordinances,
Procedure for Adoption.
Except as otherwise provided
elsewhere in this Charter, and with the exception of ordinances which take
effect immediately upon adoption, hereinafter referred to in this Article, no
ordinance shall be adopted unless (a) it is first passed for publication of
title, (b) the title of the ordinance is published as hereinafter provided in
this Section, and (c) at least six (6) days have elapsed between the date it
was passed for publication of title and the date it is adopted.
The title of an ordinance
shall be deemed to have been “published”, as said term is hereinabove used in
this Section if such title is printed in a newspaper of general circulation in
the City no later than the third day immediately preceding the date of its
adoption. No part of any ordinance, or proposed ordinance, other than its
title, need be published.
Ordinances which take effect
immediately upon adoption, hereinafter referred to in this Article, may be
adopted without compliance with the above provisions of this Section.
Amended at election June 2,
1970
SECTION 605. Ordinances;
Effective Date.
Except as otherwise provided
in this Charter, each adopted ordinance shall become effective at the expiration
of thirty (30) days after adoption or at any later date specified therein.
The following ordinances shall
take effect immediately upon adoption:
(a)
An ordinance calling for or otherwise relating to an election;
(b)
An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing a rate of ad valorem taxation or levying the annual tax on property;
(c)
An ordinance providing for a tax levy or appropriation for the usual current
expenses of the City;
(d)
An ordinance adopted as and declared by the Council to be an urgency measure
necessary for the immediate preservation of the public peace, health or safety,
containing a statement of the facts constituting such urgency, if adopted by
the affirmative vote of at least five (5) members of the Council if the vote
occurs on or before December 31, 1980 or by not less than eight (8) members of
the Council if the vote occurs on or after January 1, 1981;
(e)
An ordinance relating to a bond issue;
(f)
An ordinance adopted pursuant to a State law by virtue of which such ordinance
shall be effective immediately.
Nothing contained in this
Section shall be deemed to require an ordinance when an ordinance is not
otherwise required.
Amended at election November
7, 1978
SECTION 606.
Codification.
To the extent that it has not
already so done, the Council shall cause to be codified all general ordinances
in force, and cause the same to be printed in book, pamphlet or looseleaf form
for the use of the City, its officers and the public.
SECTION 607. Code of
Ethics.
The Mayor and City Council
shall adopt and maintain a Code of Ethics to provide guidance to City officers
and employees in their conduct while discharging their public responsibilities.
This Code of Ethics shall include, but not be limited to, ordinances relating
to the following areas of regulation:
(a)
Limitations on and requirements for reporting of campaign contributions and
post-election contributions to candidates for elected City Offices.
(b) Reporting
and registration requirements for local government lobbyists who act to
influence any governmental action of the City of San Jose.
(c)
Limitations on the acceptance of gifts by City officers and employees including
elected officers and members of Boards and Commissions.
(d)
Limitations on the acceptance of honoraria by City officers including elected
officials, Council appointees and members of Boards and Commissions.
(e)
Regulations regarding disqualification of former City officers and employees in
matters connected with former City duties or official responsibilities.
The Mayor, on a biennial basis
beginning in 1993, shall conduct a review of the City’s Code of Ethics
including any ordinances relating to ethic standards. The Mayor shall make any recommendation
for amendments or changes to the Code of Ethics and its implementing ordinances
to the City Council.
No amendments or changes shall
be adopted which in any way lessen the ethical standard in regulations except
by a two-thirds vote of the City Council.
Added at election November
6, 1990
SECTION 608.
Repealed at election June
2, 1970
SECTION 609. Violation
and Penalty.
The Council may make the
violation of its ordinances a misdemeanor for which a violator may be
prosecuted in the name of the People of the State of California and may
prescribe punishment for each violation by a fine in an amount not to exceed
that set by State law or by imprisonment not to exceed six (6) months, or by
both fine and imprisonment. Such violations may also be redressed by civil
actions.
Amended at election
November 6, 1984
CITY MANAGER
SECTION 700.
Appointment, Term and Compensation.
There shall be a City Manager.
The Mayor shall nominate one or more candidates for Council consideration for
appointment to the position of City Manager. The City Manager shall be
appointed by the Council for an indefinite term. The Council shall fix the
compensation of the City Manager.
Amended at election
November 4, 1986
SECTION 701. City
Manager; Powers and Duties.
The City Manager shall be the
chief administrative officer of the City. He or she shall be responsible to the
Council for the administration of City affairs placed in his or her charge by
or under this Charter. Without limiting the foregoing general grant of powers,
responsibilities and duties, the City Manager shall have the following powers
and duties:
(a)
Subject to the Civil Service provisions of this Charter and of any Civil
Service Rules adopted pursuant thereto, and except as otherwise provided
elsewhere in this Charter, the City Manager shall appoint all officers and
employees of the City; and, when he or she deems it necessary for the good of
the service, the City Manager may, subject to the above-mentioned limitations,
suspend without pay, demote, discharge, remove or discipline any City officer
or employee who under this Charter is appointed by the City Manager;
(b)
Except as otherwise provided elsewhere by this Charter, the City Manager shall
direct and supervise the administration of all departments, offices and
agencies of the City;
(c)
The City Manager shall have the right to attend all meetings of the Council,
other than closed executive sessions where the City Manager or another Council
appointee is the subject of discussion, and to take part in its discussions,
but not to vote. The City Manager shall attend all regular and special meetings
of the Council unless prevented by illness or physical incapacity or unless his
or her absence has been authorized by the Council;
(d)
The City Manager shall be responsible for the faithful execution of all laws,
provisions of this Charter, and acts of the Council which are subject to
enforcement by the City Manager or by officers who are under the City Manager’s
direction and supervision;
(e)
The City Manager shall prepare and submit the annual budget to the Council in
accordance with the provisions of Section 1204.
(f)
The City Manager shall submit a complete report on the finances and
administrative activities of the City as of the end of the preceding fiscal
year to the Council at a public meeting to be held within three (3) calendar
months following the close of each preceding fiscal year. The annual report,
which shall be personally certified by the City Manager to be accurate and
complete shall contain a statement indicating:
(1)
Whether the revenues budgeted for the preceding fiscal year were actually
received, and an explanation concerning any material differences between the
total revenues budgeted and the revenues actually received;
(2)
The extent to which expenditures budgeted actually were incurred, and an
explanation for any material variance between budgeted expenditures and actual
expenditures;
(3)
The amount of the financial reserves of the city;
(4)
All other information which, in the opinion of the City Manager, is necessary
to provide an accurate and complete picture of the fiscal status and condition
of the city.
The
report shall be in a form which is susceptible to confirmation by audit. It
shall be made available to the public in the Office of the City Clerk.
(g)
The City Manager shall make such other reports as the Council from time to time
may request concerning the operations of City departments, offices and agencies
subject to his or her direction and supervision; shall keep the Council fully
advised as to the financial condition and future needs of the City; and make
such recommendations to the Council concerning the affairs of the City as he or
she deems desirable or as requested by Council.
(h)
The City Manager shall exercise such other powers, and shall perform such other
duties, as are specified in this Charter or may be authorized or required by
the Council.
Amended at election
November 4, 1986
SECTION 702. Removal by
Council.
The Council may remove the
City Manager from office at any time.
SECTION 703. Removal by
People.
The City Manager may be
removed from office by the People of the City pursuant and subject to the
provisions of Section 1604 of this Charter.
SECTION 704. Acting City
Manager.
The City Manager may appoint,
subject to approval of the Council, or if he or she fails to do so the Council
may appoint, an officer of the City as Acting City Manager to exercise and
perform the powers and duties of the City Manager during the temporary absence
or disability of the City Manager.
Amended at election June 7,
1994
ADMINISTRATIVE ORGANIZATION
SECTION 800.
Administrative Organization; General Provisions.
Subject to the limitations
hereinafter specified in this section, the Council shall have the following
powers and duties:
(a)
The Council, in its discretion, may at any time establish such City offices,
departments and agencies, in addition to those established by this Charter, as
it may desire; and shall prescribe the respective functions, powers and duties
of such additional offices, departments and agencies. The Council shall also
prescribe the respective functions, powers and duties of those departments
which are established by Section 807 of this Charter. The Council may at any
time add to, take away, reduce or otherwise change the respective functions,
powers and duties of any of the above mentioned offices, departments and
agencies. The Council may at any time abolish or discontinue any office,
department or agency other than those established by this Charter. The Council
may also, at any time, prescribe additional functions, powers or duties for
those offices and departments specified in Sections 803 to 807, inclusive, and
may at any time take away, reduce or otherwise change all or any of such
additional functions, powers or duties;
(b)
Subject to the limitations hereinafter specified in subsection (c) of this
Section, the Council may:
(1)
Contract with any “public agency” for the exercise or performance by a “public
agency” for or on behalf of the City, of any of the powers, duties or functions
of any office, department or agency of the City established by or pursuant to
the provisions of this article;
(2)
Contract with any “public agency” for the exercise or performance by the City,
for or on behalf of any “public agency” of any of the powers, duties or
functions of any “public agency”;
(3)
Contract with any “public agency” for the joint exercise or performance by such
“public agency” and the City, for or on behalf of any “public agency” and/or
the City, of any of the powers, duties or functions of any office, department
or agency of the City established by or pursuant to the provisions of this
article and/or of any of the powers, duties or functions of any “public agency”;
(4)
Contract with any “private agency” for the exercise or performance by a “private
agency” or jointly by a “private agency” and the City for or on behalf of the
City, of any of the powers, duties or functions of any office, department or
agency established by or pursuant to the provisions of this article;
(5)
Contract with any “public agency” for the purchase or acquisition by a “public
agency” by the City, or jointly by both, for or on behalf of the City, a “public
agency” or both, of any real or personal property, or for the construction or
making by a “public agency,” by the City, or jointly by both, for or on behalf
of the City, a “public agency” or both, of any public works project or public
improvement.
Each
such contract, excepting contracts for specific improvements or projects, and
also excepting contracts for specific studies or reports to be completed within
five years, shall be terminable by the City at any time following the
expiration of one (1) year from and after the date of such contract or at any
time following the expiration of such shorter period of time as may be
specified in the contract.
In
case of and during the term of any such contract, any provisions of this Charter,
or of any ordinance, resolution or other City regulation, providing for the
exercise or performance of said powers, duties or functions by a City office,
department or agency established by or pursuant to the provisions of this
article, or specifying a procedure for or otherwise controlling or regulating
the manner in which such powers, duties or functions may be exercised or
performed by any City office, department or agency established by or pursuant
to this article, shall be deemed suspended to the extent that they are
inconsistent with the performance or exercise by a “public agency” or “private
agency” of any of such powers, duties or functions pursuant to or as provided
by such contract. Also, the provisions of Section 1217 of this Charter, and of
any City ordinance, resolution or other regulation relating to the matters
mentioned in said Section 1217, shall not apply to any acquisitions or
purchases of property, nor to any public works projects or improvements, made,
constructed or done by a “public agency” for or on behalf of the City pursuant
to any contract above mentioned in sub-paragraph (5) of this sub-section (b),
provided that the “public agency,” in doing such things for or on behalf of the
City, complies with such procedural requirements as would be applicable to it
if it were to do such things for or on behalf of itself.
As
used in this sub-paragraph (b), “public agency” means the United States of
America, the State of California, any division, department, office, agency or
political or administrative subdivision of the United States or of the State of
California, or any county, municipal corporation (other than the City of San
Jose), district, authority or other governmental body or organization; and, as
used in this sub-section (b), “private agency” means any private corporation,
firm, association, organization or person.
(c)
Anything hereinabove in this section to the contrary notwithstanding, unless
authorized by other sections of this Charter, no power, duty or function
assigned by this Charter to the office of City Clerk, City Attorney, City
Auditor, Independent Police Auditor or to the Finance Department, shall be
discontinued or assigned or transferred to any other office, department or
agency of the City nor to any “public agency” or “private agency” as said terms
are hereinabove defined; excepting, however, that the Council may provide for
the furnishing or performance of special services by another office, department
or agency or by a “public agency” or a “private agency” to assist the office of
City Clerk, City Attorney, City Auditor, Independent Police Auditor or the
Department of Finance in the exercise or performance by them of those powers,
duties and functions which are assigned to them by this Charter if and when
such assistance or service is requested or recommended by the head of such
office or department.
Amended at election June 7,
1966
Amended at election
November 4, 1986
Amended at election
November 3, 1992
Amended at election
November 5, 1996
SECTION 801. Direction by
City Manager.
Except as otherwise provided
elsewhere in this Charter, all offices, departments and agencies established by
or pursuant to the provisions of this Article shall be administered by an
officer appointed by and subject to the direction and supervision of the City
Manager.
SECTION 802.
Organization, Conduct and Operation of Departments.
By action not inconsistent
with other provisions of this Charter, the Council shall provide for the
organization, conduct and operation of the several offices, departments and
agencies of the City.
SECTION 803. Office of
City Attorney.
The office of City Attorney is
hereby established. The City Attorney shall be an attorney at law, and shall be
licensed to practice law in the State of California. In addition, he or she
shall have had at least five (5) years of experience in the practice of law
prior to his or her appointment. Except as otherwise provided in this Charter,
the City Attorney shall have the following powers and duties:
(a)
Represent and appear for the City, its Council, boards and commissions, in any
or all legal actions or proceedings in which they or any of them are concerned
or are a part;
(b)
Upon request of an officer or employee or former officer or employee of the
City, defend such officer or employee or former officer or employee in any
action or proceeding brought against him or her, in his or her official or
individual capacity or both, on account of an act or omission in the scope of
his or her employment as an officer or employee of the City, whenever the City
is required by the general laws of the State of California to provide such
defense or whenever the Council elects to provide such defense even though not
required to so do; provided and excepting, however, that the City Attorney may
refuse to provide such defense whenever, in his or her opinion, his or her
providing such defense would conflict with his or her other duties or
responsibilities, in which event the City, if required by the general laws of
the State to provide such defense or if it elects to provide such defense
though not required by the general laws to do so, shall provide other legal
counsel for such purpose;
(c)
Advise the Council and all City boards, commissions and officers in all matters
of law pertaining to their offices or their powers and duties;
(d)
Perform other legal services required by the Council.
The Council may retain or
employ, by contract or otherwise, other attorneys to take charge of any
litigation or legal matter or to assist the City Attorney therein, or may
purchase insurance which requires the insurer to provide for the defense of the
City and/or of its officers and employees in connection with any matter covered
by such insurance.
Except as may be otherwise
provided by the Council, the City Attorney shall be under the direction and
supervision of the Council.
Amended at election June 7,
1994
SECTION 803.1 City
Attorney; Power of Appointment.
Subject to the Civil Service
provisions of this Charter and of any Civil Service Rules adopted pursuant
thereto, the City Attorney shall appoint all officers and employees, exclusive
of clerical, employed in the Office of the City Attorney, and when he or she
deems it necessary for the good of the service, he or she may, subject to the
above-mentioned limitations, suspend without pay, demote, discharge, remove or
discipline any such officer or employee whom he or she is empowered to appoint.
Neither the Council nor any of its members nor the Mayor shall in any manner
dictate the appointment or removal of any such officer or employee whom the
City Attorney is empowered to appoint, but the Council may express its views
and fully and freely discuss with the City Attorney anything pertaining to the
appointment and removal of such officers and employees.
Added at election November
4, 1980
Amended at election June 7,
1994
SECTION 804. Office of
City Clerk.
The office of City Clerk is
hereby established. The City Clerk shall have the following powers and duties:
(a)
Attend all regular and special meetings of the Council, unless prevented by
illness or physical incapacity or unless his or her absence has been authorized
by the Council; and keep an accurate record of the proceedings of the Council;
(b)
Keep a record of all ordinances of the City, and of all written resolutions
adopted by the Council, in such manner that the information contained therein
will be readily accessible to the public. To each ordinance contained in such
record he or she shall annex or attach his or her certificate stating (1) that
it is the original copy of such ordinance or, if the ordinance contained in his
or her record is not the original copy, that it is a true and correct copy of
the ordinance, and (2) if the ordinance was one required by law to be
published, that it has been published pursuant to law;
(c)
Keep all other records of Council proceedings and of his or her office in such
manner that the information contained therein will be readily accessible to the
public until such time as any of them are destroyed in accordance with State law;
(d)
Be custodian of the seal of the City;
(e)
Administer oaths or affirmations and take affidavits and depositions in
connection with or pertaining to City affairs or business; and certify copies
of official records of his or her office;
(f)
Have charge of all City elections;
(g)
Be responsible for the publication of all official advertising of the City; and
(h)
Perform such other duties consistent with this Charter as may be required of
him or her by the Council.
Except as may be otherwise
provided by the Council, the City Clerk shall be under the direction and
supervision of the Council.
Amended at election June 7,
1994
SECTION 805. Office of
the City Auditor.
The office of City Auditor is
hereby established. The City Auditor shall be appointed by the Council. Each
such appointment shall be made as soon as such can reasonably be done after the
expiration of the latest incumbent’s term of office. Each such appointment
shall be for a term ending four (4) years from and after the date of expiration
of the immediately preceding term; provided, that if a vacancy should occur in
such office before the expiration of the former incumbent’s terms, the Council
shall appoint a successor to serve only for the remainder of said former
incumbent’s term.
The office of City Auditor
shall become vacant upon the happening before the expiration of his term of any
of the events set forth in subsections (a), (b), (c), (d), (e), (h), (i), (j),
(k) and (l) of Section 409 of this Charter. The Council, by resolution adopted
by not less than ten (10) of its members may remove an incumbent from the
office of City Auditor, before the expiration of his or her term, for
misconduct, inefficiency, incompetence, inability or failure to perform the
duties of such office or negligence in the performance of such duties, provided
it first states in writing the reasons for such removal and gives the incumbent
an opportunity to be heard before the Council in his or her own defense;
otherwise, the Council may not remove an incumbent from such office before the
expiration of his or her term.
The City Auditor shall have
the following powers and duties:
(a)
Conduct or cause to be conducted annual post audits of all the fiscal
transactions and accounts kept by or for the City. Such audits shall include
but not be limited to the examination and analysis of fiscal procedures and the
examination, checking and verification of accounts and expenditures. The audits
shall be conducted in accordance with generally accepted auditing standards and
accordingly shall include tests of the accounting records and other auditing
procedures as may be considered necessary under the circumstances. The audits
shall include the issuance of suitable reports of examination so the Council
and the public will be informed as to the adequacy of the financial statements
of the City.
(b)
Conduct performance audits, as assigned by Council. A “performance audit” means
a post audit which determines with regard to the purpose, functions and duties
of the audited agency all of the following:
(1)
Whether the audited department, office or agency, is managing or utilizing its
resources, including public funds, personnel, property, equipment and space in
an economical and efficient manner.
(2)
Causes of inefficiencies or uneconomical practices, including inadequacies in
management information systems, internal and administrative procedures,
organizational structure, use of resources, allocation of personnel, purchasing
policies and equipment.
(3)
Whether the desired results are being achieved.
(4)
Whether objectives established by the Council or other authorizing body are
being met.
(c)
Conduct special audits and investigations, as assigned by Council. “Special
audits” and “investigations” mean assignments of limited scope, intended to
determine:
(1)
The accuracy of information provided to the Council.
(2)
The costs and consequences of recommendations made to the Council.
(3)
Other information concerning the performance of City Departments, Offices or
Agencies as requested by the Council.
(d)
The City Auditor shall have access to, and authority to examine any and all
documents including but not limited to books, accounts, internal memoranda,
writings and tapes, reports, vouchers, correspondence files and other records,
bank accounts, money and other property of any City department, office or
agency, whether created by the Charter or otherwise, with the exception of the
office of any elected official.
It is
the duty of any officer, employee or agent of the City having control of such
records to permit access to, and examination thereof, upon the request of the
City Auditor or his or her authorized representative. It is also the duty of
any such officer, employee or agent to fully cooperate with, and to make full
disclosure of all pertinent information.
(e)
Prepare and submit to the Council, in each calendar month, a written report of
the City Auditor’s activities and findings in the immediately preceding
calendar month, together with any recommendations to improve the administration
of the City;
(f)
Perform other auditing functions, consistent with other provisions of this
Charter, and prepare and submit such other reports, as may be assigned by the
Council.
Amended at election
November 7, 1978
Amended at election
November 4, 1986
SECTION 805.1 City
Auditor; Power of Appointment.
(a)
The City Auditor may appoint and prescribe the duties of the professional and
technical employees employed in the Office of the City Auditor. Such appointed
professional and technical employees shall serve in unclassified positions at
the pleasure of the City Auditor. The Council shall determine whether a
particular employee is a “professional” or “technical” employee who may be
appointed by the City Auditor pursuant to these Subsections.
(b)
In addition, subject to the Civil Service provisions of this Charter and of any
Civil Service Rules adopted pursuant thereto, the City Auditor shall appoint
all clerical employees employed in the Office of the City Auditor, and when the
City Auditor deems it necessary for the good of the service he or she may,
subject to the above-mentioned limitations, suspend without pay, demote,
discharge, remove or discipline any such employee whom he or she is empowered
to appoint.
(c)
Neither the Council nor any of its members nor the Mayor shall in any manner
dictate the appointment or removal of any such officer or employee whom the
City Auditor is empowered to appoint, but the Council may express its views and
fully and freely discuss with the City Auditor anything pertaining to the
appointment and removal of such officers and employees.
Added at election November
4, 1980
Amended at election
November 4, 1986
SECTION 805.2 City
Auditor Performance Audit.
The Council shall contract
with an independent audit firm, which has no other contracts with the City, to
conduct a performance audit of the City Auditor’s office at least every two
years. The report of the performance audit shall be available to the public.
Added at election November
4, 1986
SECTION 806. Finance
Department.
A Finance Department is hereby
established. A Director of Finance shall be the head of such department. The
functions of such department and the powers and duties of the Director of
Finance shall be as follows:
(a)
Regularly, at least once each month, and at the end of each fiscal year,
prepare and submit to the City Manager a monthly statement indicating the
financial condition of the City;
(b)
Except as otherwise provided in Article XII of this Charter, receive or collect
all monies or revenues due the City; maintain custody of all public funds and
securities belonging to or under the control of the City, and deposit and
invest funds in accordance with principles of sound treasury management and in
accordance with the applicable laws or ordinances;
(c)
Maintain a general accounting system for the City; and supervise and control
disbursements and expenditures to assure that unexhausted and unencumbered
appropriations exist therefor or that payment has been otherwise legally
authorized, and that money is available therefor in the City Treasury with
which to make payment;
(d)
Verify cash receipts, the distribution of revenues to the appropriate funds,
and certify as to the legality and correctness of all bills, invoices,
payrolls, demands and charges against the City, and sign warrants or checks in
payment of such claims;
(e)
Unless and except as may be otherwise provided by the Council, procure
materials, supplies and general services for the City, and prepare and maintain
a current inventory of all materials and supplies and an inventory of general
assets belonging to the City;
(f)
Unless and except as may be otherwise provided by the Council, provide general
services to other departments of the City as may be determined appropriate;
(g)
Perform such other functions, consistent with this Charter, as may be required
by the Council.
Subject to the direction and
supervision of the City Manager, the Director of Finance shall be responsible
for the conduct of all of the functions of the Finance Department and, except
as otherwise provided elsewhere in this Charter, shall have for such purpose
the duties and powers imposed by the general laws of the State of California
upon City Treasurers, City Assessors and City Tax Collectors.
SECTION 807.
Administrative Organization; Other Departments.
(a)
The following Charter departments are hereby established: A Police Department,
a Fire Department, a Public Works Department, a Parks and Recreation
Department, a Personnel Department, a Planning Department, an Airport
Department and a Library Department.
(b)
Additional departments may be created by Council from time to time pursuant to
Section 800.
(c)
Each department shall have such functions, powers and duties as Council may
from time to time prescribe.
Amended at election
November 4, 1986
SECTION 808. Public
Information Office.
A Public Information Office is
hereby established.
This office shall be
administered by a Public Information Officer appointed by the Mayor. The Public
Information Officer shall be under the direction and supervision of the Mayor.
The functions and duties of
this office shall be to gather and disseminate to the public and to the news
media, in a timely manner, accurate and complete information concerning the
policies of the Council and other information regarding the City and the
general region in which it is located, and to perform such other duties as may
be assigned by the Council.
Added at election November
4, 1986
SECTION 809. Office of
the Independent Police Auditor
The Office of the Independent
Police Auditor is hereby established. The Independent Police Auditor shall be
appointed by the Council. Each such appointment shall be made as soon as such
can reasonably be done after the expiration of the latest incumbent’s term of
office. Each such appointment shall be for a term ending four (4) years from
and after the date of expiration of the immediately preceding term; provided,
that if a vacancy should occur in such office before the expiration of the
former incumbent’s terms, the Council shall appoint a successor to serve only
for the remainder of said former incumbent’s term.
The office of Independent
Police Auditor shall become vacant upon the happening before the expiration of
his or her term of any of the events set forth in subsections (a), (b), (c),
(d), (e), (h), (i), (j), (k) and (l) of Section 409 of this Charter. The
Council, by resolution adopted by not less than ten (10) of its members may
remove an incumbent from the office of the Independent Police Auditor, before
the expiration of his or her term, for misconduct, inefficiency, incompetence,
inability or failure to perform the duties of such office or negligence in the
performance of such duties, provided it first states in writing the reasons for
such removal and gives the incumbent an opportunity to be heard before the
Council in his or her own defense; otherwise, the Council may not remove an
incumbent from such office before the expiration of his or her term.
The Independent Police Auditor
shall have the following powers and duties:
(a)
Review Police Department investigations of complaints against police officers
to determine if the investigation was complete, thorough, objective and fair.
(b)
Make recommendations with regard to Police Department policies and procedures
based on the Independent Police Auditor’s review of investigations of
complaints against police officers.
(c)
Conduct public outreach to educate the community on the role of the Independent
Police Auditor and to assist the community with the process and procedures for
investigation of complaints against police officers.
Added at election November
5, 1996
SECTION 809.1.
Independent Police Auditor; Power Of Appointment.
(a)
The Independent Police Auditor may appoint and prescribe the duties of the
professional and technical employees employed in the Office of the Independent
Police Auditor. Such appointed professional and technical employees shall serve
in unclassified positions at the pleasure of the Independent Police Auditor.
The Council shall determine whether a particular employee is a “professional”
or “technical” employee who may be appointed by the Independent Police Auditor
pursuant to these Subsections.
(b)
In addition, subject to the Civil Service provisions of this Charter and of any
Civil Service Rules adopted pursuant thereto, the Independent Police Auditor
shall appoint all clerical employees employed in the Office of the Independent
Police Auditor, and when the Independent Police Auditor deems it necessary for
the good of the service he or she may, subject to the above-mentioned
limitations, suspend without pay, demote, discharge, remove or discipline any
such employee whom he or she is empowered to appoint.
(c)
Neither the Council nor any of its members nor the Mayor shall in any manner
dictate the appointment or removal of any such officer or employee whom the
Independent Police Auditor is empowered to appoint, but the Council may express
its views and fully and freely discuss with the Independent Police Auditor
anything pertaining to the appointment and removal of such officers and
employees.
Added at election November
5, 1996
OFFICERS AND EMPLOYEES
SECTION 900. Officers
and Employees; Enumeration.
The officers of the City shall
consist of the Mayor, members of the Council, the City Manager, the City
Attorney, the City Clerk, the City Auditor, the Independent Police Auditor, the
directors or heads of the various City offices or departments, the members of
various boards and commissions and such other officers as may be provided for
by this Charter or by action of the Council.
Amended at election
November 4, 1986
Amended at election
November 3, 1992
Amended at election
November 5, 1996
SECTION 901. Officers
and Employees; Appointment and Removal.
The City Manager, the City
Attorney, and the City Clerk shall be appointed and may at any time be removed
by the Council. Except as otherwise provided by this Charter, all other
officers, department heads and employees of the City, except members of boards
and commissions, shall be appointed by the City Manager and, except as
otherwise provided elsewhere in this Charter, shall serve at his or her
pleasure.
The Council shall appoint, and
may at any time remove, an Acting City Manager, an Acting City Attorney, Acting
City Clerk, Acting City Auditor and Acting Independent Police Auditor to
perform the functions and duties of the respective offices in the case of
absence or disability.
The Mayor and each member of
the Council shall appoint any assistants to serve in his or her office.
The City Manager shall,
subject to the provisions of Section 411.1, appoint a person to act as the head
of a department or office, other than the office of City Clerk, City Attorney,
City Auditor, Independent Police Auditor and Public Information Officer in the
case of absence or disability of the head of such department or office.
Amended at election
November 7, 1978
Amended at election
November 4, 1986
Amended at election
November 3, 1992
Amended at election
November 5, 1996
SECTION 902.
Compensation.
The compensation of all City
appointive officers and employees, except as otherwise provided in this
Charter, shall be fixed by the Council. All officers and employees shall be
entitled to be reimbursed for actual and necessary expenses incurred while
performing official business of the City when said expenses have been
authorized or approved by the proper authority.
SECTION 903. Oath of
Office.
Each officer of the City,
before entering upon the duties of his 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.
SECTION 904.
Administering Oaths.
Each department head and his
or her deputies shall have the power to administer oaths and affirmations in
connection with any official business pertaining to his or her department.
Amended at election June 7,
1994
SECTION 905. Official
Bonds.
The Council shall fix the
nature, amount and terms of the official bonds of all officials or employees
who are required by the Council to qualify for such bonds; provided, however,
that all officers and employees having custody or control of public funds shall
be required to be bonded. All bonds shall be executed by a responsible
corporate surety, shall be approved as to form by the City Attorney and shall
be filed with the City Clerk. Premiums on official bonds shall be paid by the
City.
SECTION 906. Prohibited
Interests.
The provisions of Article 4,
Chapter 1, Division 4, Title 1 of the Government Code of the State of
California as the same now exist or may hereafter be amended, relating to
prohibitions applicable to specified officers, shall apply in the City.
SECTION 907. Nepotism.
The Council shall not appoint
to a salaried position under the City government any person who, at the time of
his appointment, is related by blood or marriage, within the second degree, to
any member of such Council; nor shall the City Manager or any other appointing
authority appoint to any salaried position under City government any person
who, at the time of his appointment, is related by blood or marriage, within
the second degree, to such appointing authority.
SECTION 908. Discrimination.
Except as otherwise provided
by the general laws of this State heretofore or hereafter enacted, no person
employed by the City or seeking employment therewith shall be employed, refused
employment, promoted, demoted, disciplined or discharged or in any way favored
or discriminated against because of political opinion or affiliations, or
membership in a lawful employees association, or because of race, color or
creed.
BOARDS AND COMMISSIONS
SECTION 1000. Planning
Commission.
There shall be, and there is
hereby established, a Planning Commission to consist of seven (7) members
appointed by the Council. It shall be deemed to be a continuation of the
Planning Commission established by and pursuant to this Section as it read
immediately prior to the effective date of this Section as it now reads.
A person shall not be eligible
to take or hold office as a member of the Planning Commission unless he or she
satisfies all of the following conditions:
(a)
He or she must have been a citizen of the United States for at least one year
immediately preceding the commencement of the four-year term or lesser period
of time for which he or she is appointed, and he or she must be a citizen of
the United States during his or her incumbency;
(b)
He or she must have been a resident of the City of San Jose for at least one
year immediately preceding the commencement of the four-year term or lesser
period of time for which he or she is appointed, and he or she must be a
resident of the City of San Jose during his or her incumbency;
(c)
He or she must have been a registered elector of the City of San Jose at the
time of his or her appointment and thereafter to and including the date of
commencement of the four-year term or lesser period of time for which he or she
is appointed.
The City Manager, the City
Attorney and such other officers as the Council may designate, or their
representatives, may meet with the Planning Commission and may participate in
its discussions but shall not have a vote.
Those persons who immediately prior to the effective date of this Section (as it now reads) were members of the Planning Commission established by and pursuant to this Section as it read immediately prior to the effective date of this Section (as it now