Anaheim Municipal Code Art. VII Officers and Employees

In addition to the City Council, City Manager and Assistant City Manager, the officers and employees of the City shall consist of a City Attorney, a City Clerk, a City Treasurer, a Director of Finance, and such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution.

The City Attorney, City Clerk and City Treasurer shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the City Council; provided, however, that the City Council may by ordinance or resolution delegate to the City Manager its vested power to appoint and remove the City Treasurer. All other officers, department heads and employees of the City shall be appointed and may be removed as elsewhere in this Charter provided. (Amended June 3, 2014, filed by Secretary of State September 3, 2014.)

The City Council may provide by ordinance or resolution not inconsistent with this Charter for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. It may further provide by ordinance or resolution for the assignment and reassignment of functions, duties, offices and agencies to offices and departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees, consistent with this Charter.

Each department so created shall be headed by an officer as department head.

When the positions are not incompatible, the City Council may combine in one person the powers and duties of two or more officers. (Amended June 3, 2014, filed by Secretary of State September 3, 2014.)

To become and remain eligible for City Attorney, the person appointed shall be an attorney at law duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least three years prior to such appointment. The City Attorney shall have the power and may be required to:

(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices.

(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. Except for such prosecutions as may be conducted by another public agency having jurisdiction to do so, all prosecutions pursuant to this paragraph shall be conducted by the City Attorney or by employees or persons under the direction and control of the City Attorney. The City Council shall not contract with any person or firm to act as special or independent prosecutor or otherwise appoint or designate any other person or firm to prosecute any criminal matter.

(c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of such employment or by reason of such official capacity.

(d) Attend all regular meetings of the City Council, unless excused, and give advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City.

(e) Approve the form of all contracts made by and all bonds given to the City, endorsing approval thereon in writing.

(f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto.

(g) Devote entire time to the duties of the office.

(h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary.

(i) Surrender to the successor City Attorney all books, papers, files and documents pertaining to the City's affairs.

The City Council shall have control of all legal business and proceedings of the City and may employ or contract with other attorneys to take charge of or assist in any civil litigation or other civil legal matters or business. (Amended November 11, 1976, filed by Secretary of State, December 27, 1976; amended November 7, 1978, filed by Secretary of State, January 2, 1979; amended November 7, 2000, filed by Secretary of State February 6, 2001.)

The City Clerk shall have the power and shall be required to:

(a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate title and be devoted to such purpose.

(b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter.

(c) Maintain separate records of all written contracts and official bonds.

(d) Keep all books and records in his or her possession properly indexed and open to public inspection when not in actual use.

(e) Be the custodian of the seal of the City.

(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records.

(g) Be ex-officio Assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by the county officers, or unless the City Council by ordinance provides otherwise.

(h) Have charge of all City elections.

(i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (Amended November 7, 200, filed by Secretary of State February 6, 2001.)

The City Treasurer shall have the power and shall be required to:

(a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receiveable by the City from the County, State or Federal Government, or from any Court, or from any office, department or agency of the City.

(b) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government, except such funds as may be in the custody of any City office or department as expressly authorized by resolution of the City Council, and deposit or cause to be deposited all funds under his or her custody in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds.

(c) Pay out moneys on proper orders, warrants, checks, or other negotiable instruments in the manner provided for in this Charter and verify authenticity and accuracy of all checks and other negotiable instruments drawn upon any City depository and return incorrect, forged or otherwise unauthorized checks and instruments to such depository.

(d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager.

(e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (Amended November 6, 1990, filed by Secretary of State, February 19, 1991; amended November 7, 2000, filed by Secretary of State February 6, 2001.)

The Director of Finance shall have the power and shall be required to:

(a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager, and be head of the Finance Department of the City.

(b) Assist the City Manager in the preparation and execution of the budget.

(c) Establish and maintain a system of financial procedures, accounts and controls for the City government and each of its offices, departments and agencies.

(d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures, except expenditures from funds under the control of any other City office or department as expressly authorized by resolution of the City Council, to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment, all bills, invoices, payrolls, demands or charges against the City government; with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges; and draw warrants upon the City Treasurer, or where such procedure is authorized by the City Council, prepare or approve wire transfers, electronic payments and checks or other negotiable instruments drawn upon a proper City depository for the approval of the City Treasurer and where required, the signatures or facsimile signatures of the City Treasurer and the Mayor, for all claims and demands audited and approved as in this Charter provided specifying the purpose for which drawn and the fund from which payment is to be made.

(e) See that all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and all other money receivable by the City from the County, State or Federal Government, or from any court, office, department or agency of the City are collected.

(f) Submit to the City Council through the City Manager a monthly statement of all revenues and expenditures in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a complete financial statement and report.

(g) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies.

(h) Perform such other duties consistent with this Charter as may be required. (Amended November 6, 1990, filed by Secretary of State, February 19, 1991; amended November 7, 2000, filed by Secretary of State February 6, 2001.)

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 November 7, 2000, filed by Secretary of State February 6, 2001.)

Any member of the City Council, city officer or employee, or member of any city board or commission, who has a financial interest in any contract made by such person in his or her official capacity, or by any body or board of which he or she is a member, in violation of Article 4 of Division 4 of Title 1 (commencing with Section 1090) of the Government Code of the State of California, or any successor provision thereto, upon conviction thereof, and in addition to any other penalty imposed for such violation, shall forfeit his or her office or position of employment with the City. (Amended November 7, 2000, filed by Secretary of State February 6, 2001.)

Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated his or her office under the City government. (Amended November 7, 2000, filed by Secretary of State February 6, 2001.)

The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Manager or any department head or other officer having appointive power appoint any of his or her relatives, or any relative of a Council member, within such degree to any such position. (Amended November 7, 2000, filed by Secretary of State February 6, 2001.)

The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by 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.

In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon, or any right to recover against, his or her superior officer or other officer or employee, or the bond of the latter, unless such superior officer, or other officer or employee is a party to, or has conspired in, the wrongful act causing directly or indirectly such loss. (Amended November 7, 2000, filed by Secretary of State February 6, 2001.)