Cerritos Municipal Code Art. IV Elective Officers

The elective officers of the City shall consist of a City Council of five members elected from the City at large at the times and in the manner provided in this Charter and who shall serve for a term of four years until their respective successors qualify.

The members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms.

The term of each elective officer shall commence on the date set forth by Section 404(a) specified in this Charter, commensurate with the date by which the City Council shall meet and elect one of its members as its presiding officer, who shall have the title of Mayor. Ties among candidates for any office shall be settled by the casting of lots.

Limitation of Terms: Commencing on the April 12, 2022 general municipal election, and for each municipal election thereafter, any council member who has served two complete four-year terms, whether consecutive or not, shall not be eligible after the completion of the second four-year term to be elected or appointed to the Cerritos City Council.

(As amended by Cerritos voters at the following election(s): March 4, 2025, April 12, 2022, November 4, 1986)

No person shall be eligible to hold an elective office unless that person shall have been for at least thirty days immediately preceding said person's filing of nomination papers election or appointment, a qualified elector of the City.

(As amended by Cerritos voters at the following election(s): April 12, 2022, January 20, 1970)

The members of the City Council shall receive a salary in such amount as the City Council may by ordinance, from time to time approve. The members of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty.

The City Clerk shall receive compensation for their services in such amount and at such stated times as shall be prescribed by resolution adopted by the City Council.

(As amended by Cerritos voters at the following election(s): March 4, 2025, January 20, 1970)

A vacancy in an elective office, from whatever cause arising, shall be filled by appointment by the City Council, such appointee to hold office for the remainder of such unexpired term and until such appointee's successor qualifies.

If a member of the City Council is absent from all regular meetings of the City Council for a period of sixty days consecutively from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the City, such member's office shall become vacant.

The City Council shall declare the existence of any vacancy. In the event it shall fail to fill a vacancy by appointment within thirty days after such office shall have been declared vacant, it shall cause an election to be held forthwith to fill such vacancy.

(As amended by Cerritos voters at the following election(s): April 12, 2022, March 2, 1965)

(a) Commencing in 2026, on the second Wednesday of April, following the adoption of any certified general or special municipal election results by which any council member is declared elected, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall also act in a liaison capacity between the City Council and the City Manager, and in such capacity shall advise the City Manager on matters of Council policy. The Mayor shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council.

(b) MAYOR PRO TEMPORE. The City Council shall also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during an absence or disability.

(As amended by Cerritos voters at the following election(s): March 4, 2025, April 12, 2022)

All powers of the City shall be vested in the City Council except as otherwise provided in this Charter.

Neither the City Council nor any of its members shall interfere with the execution by the City Manager of the City Manager's powers and duties, or order, directly or indirectly, the appointment by the City Manager or by any of the department heads in the administrative service of the City, of any person to an office or employments or such person's removal therefrom. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately.

(As amended by Cerritos voters at the following election(s): April 12, 2022)

The City Council shall hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournments, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on a date specified by majority action of the City Council.

(As amended by Cerritos voters at the following election(s): March 4, 2025)

Special Meetings may be called at any time by the Mayor, or by three members of the City Council, by delivering written notice to each member of the City Council and to each local newspaper of general circulation, and radio or television station requesting notice in writing. Such notice shall be delivered at least twenty-four hours before the time of such meetings as specified in the notice. The notice shall specify the business to be transacted and only such matters may be acted upon as are referred to in such written notice. A Special Meeting may be validly held without the giving of such written notice if all members shall give their consent, in writing, to the holding of such meeting and such consent is on file in the Office of the City Clerk at the time of such meeting. Written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.

(As amended by Cerritos voters at the following election(s): March 4, 2025, April 12, 2022, January 10, 1970)

All meetings shall be held in such place as the City Council shall fix by ordinance or resolution, or in such place to which any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the place designated, the meetings will be held for the duration of the emergency at such place as is designated by the Mayor, or, if the Mayor should fail to act, by three members of the City Council.

(As amended by Cerritos voters at the following election(s): April 12, 2022)

A majority of the members of the City Council shall constitute a quorum to do business but a less number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. Notice of a meeting adjourned by less than a quorum or by the clerk shall be given by the clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council, but need not specify the matters to be acted upon.

The City Council shall judge the qualifications of its members as set forth by the Charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.

Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable.

At the demand of any member the City Clerk shall call the roll and shall cause the ayes and noes taken on such question to be entered upon the minutes of the meeting.

(As amended by Cerritos voters at the following election(s): March 4, 2025)

No citizen shall be denied the right, personally or through counsel, to present grievances at any regular meeting of the Council, or offer suggestions for the betterment of municipal affairs.

With the sole exception of ordinances which take effect upon adoption, referred to in this Article, no ordinance shall be adopted by the City Council on the day of its introduction, nor within five days thereafter, nor at any time other than at a regular or adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. At the time of its introduction an ordinance shall become part of the proceedings of such meeting in the custody of the City Clerk. At the time of adoption of an ordinance or resolution, it shall be read in full, unless the further reading thereof is waived by majority consent of the councilmembers present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

Unless a different vote is required by other provisions of this Charter, the affirmative votes of at least three members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.

Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting.

(As amended by Cerritos voters at the following election(s): March 4, 2025, April 12, 2022, January 20, 1970)

The City Clerk shall cause each ordinance to be published at least once in the official newspaper, if any, within fifteen days after its adoption.

Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, and a copy thereof shall be filed for use and examination by the public in the office of the City Clerk prior to the adoption thereof. Ordinances codified shall be repealed as the effective date of the code. Amendments to the code shall be enacted in the same manner as ordinances.

Detailed regulations pertaining to the construction of buildings, plumbing, and wiring, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this section.

(As amended by Cerritos voters at the following election(s): March 4, 2025)

No ordinance shall be effective until thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption:

(a) An ordinance calling or otherwise relating to an election.

(b) An improvement proceeding ordinance adopted under some law or procedural ordinance.

(c) An ordinance relating to taxes, if any, for the usual and current expenses of the City.

(d) An emergency ordinance adopted in the manner, provided for in this Article.

A violation of any ordinance of the City shall constitute a misdemeanor and may be prosecuted in the name of the People of the State of California or may be redressed by civil action. The maximum fine or penalty for any violation of a city ordinance and/or the maximum term of imprisonment for such violation shall be in such amount and length as the City Council may by ordinance, from time to time, approve.

(As amended by Cerritos voters at the following election(s): April 12, 2022)

In the event that there is more than one newspaper in circulation published and circulated in the City, the City Council, annually, prior to the beginning of each fiscal year, shall publish a notice inviting bids and contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation in said City, during the ensuing fiscal year. In the event there is only one newspaper of general circulation published and circulated in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices or matter without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be designated the official newspaper for the publication of such notices or other matter for the period of such contract.

In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character.

In the event there is no newspaper of general circulation published and circulated in the City, then all legal notices and other matter may be published by posting copies thereof in at least three public places in the City. No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity with this Charter or law or ordinance.