Cerritos Municipal Code Art. VI Officers and Employees

In addition to the City Manager there shall be a City Clerk, City Attorney, and, in the discretion of the City Council, an Assistant City Attorney, who shall be appointed by and serve at the pleasure of the City Council. There shall additionally be a City Treasurer, whom the City Council vests with the City Manager the authority to appoint, suspend, or remove.

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

The City Council may provide, by ordinance 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, division, offices, and agencies and for their consolidation, alteration, or abolition. Each new department created by the City Council shall be headed by an officer as department head who shall be appointed and may be suspended or removed by the City Manager.

The City Council, by ordinance or resolution, may assign additional functions or duties to offices, departments, or agencies not inconsistent with this Charter. The City Council shall provide for the number, titles, qualifications, powers, duties, and compensation of all officers and employees.

The City Clerk shall have power and be required to:

(a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books which shall bear appropriate titles and be devoted to such purpose.

(b) Maintain separate books in which shall be recorded respectively all ordinances and resolutions, with a 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; keep all books properly indexed and open to public inspection when not in actual use.

(c) Maintain separate books in which a record shall be made of all written contracts and fidelity and performance bonds.

(d) Be the custodian of the Seal of the City.

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

(f) 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 any assessment of property and the collection of city taxes, if any, by county officers, or the City Council by ordinance provides otherwise.

(g) Be responsible for the conduct of all city elections.

(h) Deputize other persons to assist in carrying out the duties of the City Clerk.

There shall be a City Treasurer who shall serve at the pleasure of the City Manager and shall have power and be required to:

(a) Collect any license fees or other revenues of the City, or for whose collection the City is responsible and receive all taxes or other money receivable 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 and deposit all funds 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) Disburse moneys on demands audited in the manner provided for in the Charter.

(d) Prepare and submit to the City Council monthly written reports of all receipts, disbursements and fund balances, copies of which reports shall be filed with the City Manager.

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

To become eligible for City Attorney or Assistant 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 engaged in the practice of law for at least two years prior to appointment. The City Attorney shall have power and be required to:

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

(b) Represent and appear for the City in any or all actions and proceedings in which the City is concerned or is a party, except the prosecution of criminal actions, and represent and appear for any city officer or employee, or former city officer or employee, in any or all actions and proceedings in which any such officer or employee is concerned or is a party, for any act arising out of such employment or by reason by such officer or employee's official capacity.

(c) Attend all regular meetings of the City Council and give advice and opinions in writing whenever requested to do so by the City Council or by any of the boards or officers of the City.

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

(e) Prepare any and all proposed ordinances or resolutions for the City and amendments thereto.

(f) Approve, as to legality, all investments of City funds.

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

Each department head and deputies of each respective department head shall have the power to administer oaths and affirmations in connection with any official business pertaining to their respective department.

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

No member of the City Council, department head or other officer of the City (except a member of any board or commission), shall be financially interested, directly or indirectly in any contract, sale or transaction to which the City is a party.

No member of any board or commission shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party and which comes before the board or commission of which such person is a member for approval or other official action or which pertains to the department, office or agency of the City with which such board or commission is connected.

Any contract, sale or transaction in which there shall be such an interest, as specified in this section, shall become void at the option of the City when so declared by resolution of the City Council.

No member of the City Council, department head or other officer of the City, or member of any board or commission shall be deemed to be financially interested, within the meaning of the foregoing provisions, in any contract made with a corporation where the only interest in the corporation is that of a stockholder and the stock owned by such person shall amount to less than three percent of all the stock of such corporation issued and outstanding.

If any member of the City Council, department head or other officer of the City, or member of a board or commission shall be financially interested as aforesaid, upon conviction thereof such person shall forfeit the office in addition to any other penalty which may be imposed for such violation of this Charter.

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

Any elective officer of the City who shall accept or retain any other elective public office shall be deemed thereby to have vacated the office under the City government upon the date said officer is declared elected or appointed to any other elective public office.

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

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 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.

There shall be no personal liability upon, or any right to recover against, a superior officer, or such officer's bond for any wrongful act or omission of such officer's subordinate unless such superior officer was a party to, or conspired in, such wrongful act or omission.

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

(a) The Mayor or City Council shall not appoint as an employee or officer any person who is a relative by blood or marriage within the third degree of the Mayor or any member of the Council, nor shall the City Manager appoint to any such position any relative of the City Manager or of the Mayor or any member of the Council within such degree of kinship.

(b) For purposes of this section, the following definitions apply:

(1) "City Council" is defined as an individual or any number of the members of the elected City Council of the City of Cerritos.

(2) "City Manager" is defined as the City Manager of the City of Cerritos.

(3) "Employee" is defined as the directly appointed employees of the City Council including the City Manager, City Attorney, and City Clerk.

(4) "Mayor" is defined as the Mayor of the City of Cerritos.

(5) "Officer" is defined as any individual directly appointed by majority action of the City Council to serve upon any City-controlled board, commission, committee, or other such advisory body.

(6) "Relative within the third degree" is defined as a spouse, son, daughter, mother, father, brother, sister, grandchild, grandparent, aunt, uncle, niece, nephew, great-grandchild, or great-grandparent. Half-relatives, step-relatives and in-laws are included as relatives.

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