Avenal Municipal Code Ch. 6 City Clerk (CA)

Sections:

2-6.101 Election of City Clerk.
2-6.102 Elections official.
2-6.103 Term of office.
2-6.104 Qualifications of City Clerk.
2-6.105 Absences or disability—Acting City Clerk.
2-6.106 Compensation—Expenses.
2-6.107 Powers and duties.
Title 2 ADMINISTRATION
Avenal, California, Code of Ordinances
Page 18
2-6.108 Prohibited acts.
2-6.109 Vacation and sick leave.
2-6.110 Political activities. 2-6.101 Election of City Clerk. The elective office of City Clerk shall be filled by the city electorate at a general municipal election governed by California Elections Code, applicable provisions of the California Government Code, and other relevant statutes and common law. In accordance with California Government Code, Section 36503.5, the municipal election shall be held on the same date as the statewide general election. (Ord. 96-06 § 1 (part), 1996) 2-6.102 Elections official. The City Clerk is the elections official. The City Council, by resolution, may request the County Clerk to render specific elections services to the City. (Ord. 96-06 § 1 (part), 1996) 2-6.103 Term of office. The City Clerk shall hold office for a period of four (4) years, and shall hold office for the prescribed term from the Tuesday succeeding the election and until the successors are elected and qualified. (Ord. 96-06 § 1 (part), 1996) 2-6.104 Qualifications of City Clerk. In order to hold the office of City Clerk, the candidate must be an elector of the City at the time of assuming office, and a registered voter at the time nomination papers were issued. If the candidate moves his/her residence to a place outside the city limits or ceases to be an elector, the office held by that person immediately becomes vacant. An "elector" is any person who is a United States citizen at least eighteen (18) years of age, and a resident of an election precinct at least twenty-nine (29) days prior to an election. A "voter" is an elector who is registered as such. (Ord. 96-06 § 1 (part), 1996) 2-6.105 Absences or disability—Acting City Clerk. In the case of the absence or disability of the City Clerk for a period exceeding two (2) weeks, the Council may designate some duly qualified person to perform the duties of the office during the period of the absence or disability of the City Clerk. A department head or other City employee may be appointed Acting City Clerk. (Ord. 96-06 § 1 (part), 1996)

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 19 2-6.106 Compensation—Expenses. The City Clerk shall receive such compensation as the Council shall, from time to time, determine. Such compensation shall be fixed by resolution and shall be a proper charge against such funds of the City as the Council shall designate. In addition, the City Clerk shall be reimbursed for all sums necessarily incurred or paid in the performance of City Clerk duties or incurred when traveling on business pertaining to the City under the direction of the Council. Reimbursement shall only be made when a claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the Council for approval and has been so approved. (Ord. 96-06 § 1 (part), 1996) 2-6.107 Powers and duties. The City Clerk, being a special administrative officer, shall be, and is, under the supervision, direction, and guidance of the City Council which delegates this supervision, direction, and guidance to the City Manager. In addition to the general powers, the City Clerk shall have, without limitation, the following powers and duties: (a) The City Clerk shall act as the elections official for general and special municipal elections; (b) Administer and generally supervise the application for, issuance of, renewal of, and payment for business licenses in accordance with Title 3 (Finance), Chapter 1 (Business Licenses) of the Municipal Code for the City of Avenal; (c) Administer and generally supervise the Fair Political Practices Commission Guidelines and the filing of the Economic Interest Statements; (d) Prepare and distribute all public hearing notices; (e) Preparation of all agendas for meetings of the Council, Redevelopment Agency, and Public Finance Authority, including, but not limited to, review of documents submitted for agenda; (f) Each Thursday and Friday of the week prior to a meeting of the Council, between 8:00 a.m. and 5:00 p.m., prepare and organize Council packets for use during Council meetings; (g) Preparation for Council meetings, including, but limited to, setting up table, chairs, and equipment in the meeting facility; the City Clerk shall report to City Hall at 2:00 p.m. the day of the City Council meeting and continue until conclusion of Council/RDA/PFA meeting(s). The City Clerk shall also report to City Hall the Friday following the Council/RDA/PFA meeting(s) from 8:00 a.m. to 12:00 p.m.; (h) To attend all meetings of the Council, Redevelopment Agency (RDA), Public Finance Authority (PFA), and City Staff, as scheduled, unless excused therefrom by the City Manager or by the Council; (i) Preparation of minutes of all meetings of the Council, Redevelopment Agency, and the Public Finance Authority; (j) Provide secretarial services to the City Council, the City Mayor, the Redevelopment Agency, and the Public Finance Authority, including filing, typing, and other duties as requested; (k) During City election/nomination period, the City Clerk shall be available to work during the hours of 8:00 a.m. to 5:00 p.m. each week day. This is usually a four (4) week period every two (2) years unless there is a special election; (l) Handle general information inquiries to the City by the public;

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 20 (m) Performance of additional duties. To perform such other duties which may be delegated from time to time to the City Clerk by the City Manager, ordinance, resolution, or other action of the Council; (n) The City Clerk's schedule shall include, in addition to the foregoing and without limitation, the following, except as otherwise directed by the City Council: (1) Every Tuesday from 10:00 a.m. to 2:00 p.m.; (2) Every first and third week of the month: Thursday and Friday from 8:00 a.m. to 5:00 p.m.; (3) Every second and fourth week of the month: Thursday from 2:00 p.m. until conclusion of City Council/RDA/PFA meeting. Friday from 8:00 a.m. to 12:00 noon; (4) Election/nomination period. Every two (2) years unless Special Elections, the Clerk shall be at City Hall from Monday through Friday, 8:00 a.m. to 5:00 p.m. (approximately four (4) weeks). (Ord. 96-06 § 1 (part), 1996) 2-6.108 Prohibited acts. Without prior consent of the City Manager, or unless otherwise authorized in this Chapter, the City Clerk is prohibited from the following acts and responsibilities: (a) From participating in any involvement in or with issues involving personnel, officers, or other individuals employed by or on behalf of the City; (b) From seeking, examining, or otherwise having access to confidential files. (Ord. 96-06 § 1 (part), 1996) 2-6.109 Vacation and sick leave. The City Clerk shall be entitled to those privileges with respect to vacations and sick leave, if any, as the City Council may, from time to time, determine. (Ord. 96-06 § 1 (part), 1996) 2-6.110 Political activities. (a) The rules and regulations prohibiting political activities by City employees, as set forth in Section 2- 4.212, shall apply with equal force and effect to the City Clerk. (Ord. 96-06 § 1 (part), 1996) FOOTNOTE(S): --- (1) --- Editor's note— At the direction of the city, pursuant to the general election held November 5, 1996, the position of city clerk shall now be appointed as opposed to elected since it serves no beneficial purpose

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 21 for the taxpayers of Avenal to absorb the related costs of the election process, payroll, benefits and the cost related to training these elected positions which are currently being performed by staff. (Back)