Chico Municipal Code Art. IX Appointive Officers and Employees

The officers of the city shall consist of a city manager, city clerk, city attorney, city finance director, and such other officers as are required by law, or as the council may provide by ordinance.

(Res. No. 17 85-86 §5, Passed 11-5-85, Filed in Office of Secretary of State 3-12-86; Res. No. 112 93-94 §7, Measure E and Measure G (part), Passed 6-7-94, Filed in Office of Secretary of State 10-3-94)

There shall be no residence requirements for any city officer or employee, except that by ordinance the city council may require that specific officers or employees reside within a reasonable and specified distance from their place of employment or other designated locations upon finding that such residence is reasonably related to performance of the officer’s or employee's job.

(Res. No. 84 74-75 §3(a), Passed 4-8-75, Filed in Office of Secretary of State 4-21-75)

Every officer, employee, department head and appointed official of the city, before entering upon the duties of the office for or to which such officer, employee or department head was employed, appointed or elected, shall take the oath of office as provided for in the Constitution of the State of California, and shall file the same with the city clerk.

(Res. No. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81)

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 law to give such bonds. All 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 superior officer’s bond, for any wrongful act or omission of such superior officer's subordinate, unless such superior officer was a part to, or conspired in, such wrongful act or omission.

(Res. No. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81)

The council shall provide by ordinance or resolution, not inconsistent with this Charter, for the powers and duties of all officers and department heads of the city. Where the positions are not incompatible, the council may combine in one person the powers and duties of two or more offices created or provided for in the Charter. When the city has contracted with the County of Butte for the assessment and collection of taxes, the council may suspend or abolish any office relating to the assessment or collection of taxes. No office provided herein to be filled by appointment by the city manager may be combined with an office provided herein to be filled by appointment of the council.

(Senate Concurrent Res. No. 59, Ch. 100, Statutes of 1963, page 4858)

The city clerk shall:

A. Attend meetings of the council and be responsible for the recording and maintaining of a full and true record of all proceedings of the council in books that shall bear appropriate title and be devoted to such purpose; call the roll of the council and record the council members present, absent or excused.

B. Maintain books in which shall be recorded respectively all duly adopted ordinances and resolutions, and, as to an ordinance requiring publication, an affidavit of publication or posting shall be affixed thereto.

C. Maintain books in which a record shall be made of all written contracts and official bonds.

D. Keep all aforementioned books properly indexed.

E. Be the custodian of the seal of the city.

F. Administer oaths or affirmations, taking affidavits and depositions pertaining to the affairs and business of the city and certify copies of the official records.

G. Have charge of all elections to be conducted by the city, provided, that the city may contract with the County of Butte or any public officer authorized to conduct

elections for the performance of all duties of conducting such elections.

H. Perform such other duties consistent with this Charter as may be required by the council or by law.

(Res. No. 84 74-75 §3(a), Passed 4-8-75, Filed in the Office of Secretary of State 4-21-75; Res. No. 112 93- 94 §6, Measure F (part), Passed 6-7-94, Filed in Office of Secretary of State 10-3-94)

The city attorney shall be an attorney at law, duly admitted to practice by the Supreme Court of the State of California, and licensed by said state to practice therein, and shall have been engaged in the practice of law in the state for a period of not less than five (5) years immediately prior to appointment. The city attorney shall:

A. Represent and advise the city council, city officers, boards and commissions in all matters of law pertaining to their offices.

B. 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, employee, board or commission, or former city officer, employee, board or commission, in any or all actions and proceedings in which any such officer, employee, board or commission is concerned or is a party arising out of any act or omission committed in the course and scope of the employment or performance of the official duties of such officer, employee, board or commission.

C. Attend meetings of the city council and give advice or render an opinion in writing whenever requested to do so by the city council, or by any of the boards, commissions or officers of the city, provided that the city attorney may require such request to be submitted in writing.

D. Approve the form of all contracts made by and all bonds given to the city, endorsing such contracts or bonds with such approval.

E. Prepare or approve any and all proposed ordinances or resolutions for the city and amendments thereto.

F. Appoint, discipline and remove any assistant city attorney, deputy city attorney or legal technician, provided that the appointment of a person by the city attorney to the position of assistant city attorney or deputy city attorney shall be subject to confirmation by the city council.

(Res. No. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81; Res. No. 112 93-94 §4, Measure D (part), and §6, Measure F (part), Passed 6-7-94, Filed in Office of Secretary of State 10-3-94)

The finance director shall be responsible for administration of the financial affairs of the city.

The finance director shall have custody of all public funds belonging to the city or to any office, department, board or commission or agency thereof, and shall administer all such funds in compliance with the provisions of the Constitution and laws of the State of California governing the collection, handling, depositing, investment and securing of public funds.

The finance director shall submit to the council through the city manager monthly statements of receipts, disbursements and balances in such form as to show the exact financial condition of the city. At the end of each fiscal year the finance director shall submit a complete and detailed financial statement.

(Res. No. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81: Res. No. 17 85-86 §6, Passed 11-5-85, Filed in Office of Secretary of State 3-12-86; Res. No. 112 93-94 §7, Measure G (part), Passed 6-7-94, Filed in Office of Secretary of State 10-3-94)

The compensation of all city officers and department heads, except as otherwise provided in this Charter, shall be fixed by the council by resolution, and the compensation of all other city employees shall be determined in accordance with the personnel system ordinance. No officer, department head or employee shall be allowed any fees, perquisites, emoluments or compensation for the performance of the duties of the employment or office for or to which such officer, department head or employee was employed, appointed or elected, other than reimbursement for necessary expenses, and the compensation as determined in the manner herein provided.

(Res. No. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81; Res. No. 17 85-86 §7, Passed 11-5-85, Filed in Office of Secretary of State 3-12-86)

The council shall not appoint to a salaried position under the city government any person who is a relative by blood or marriage within the second degree of any one or more of the members of such council. Neither shall any board or commission, department head, or other officer having appointive power appoint any relative within such degree to any salaried position.

All papers, books, documents, records, archives and other properties prepared for or purchased by the city shall be and remain the property of the city.

All officers, department heads, boards, commissions, and employees, upon leaving office, shall deliver to their successors all such papers, documents, records, books, archives and other such properties pertaining and belonging to their respective offices or department in their possession or under their control.

Except as otherwise provided by law, all books and records of every office and department shall be open to the inspection of any citizen during business hours, subject to the proper rules and regulations for the efficient conduct of the business of such department or office.

Duly certified copies of records open for inspection shall be provided by the officer, department head or employee having the same in custody to any person demanding the same and paying the fee, if any, set by resolution of the council.