Fresno Municipal Code Art. VIII Officers and Employees

There shall be a City Attorney and a City Clerk who shall be appointed by and serve at the pleasure of the Council, but who may be removed only by a majority vote of the entire Council.

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)

The Council shall provide by resolution not inconsistent with this Charter, for the organization, conduct and operation of the several offices established by this Charter, and for the creation of departments, divisions, offices and agencies, and for their consolidation, alteration or abolition. The Council by resolution, may assign additional functions or duties to offices, departments or agencies not inconsistent with this Charter. No office provided in this Charter to be filled by appointment by the Chief Administrative Officer may be consolidated with an office to be filled by appointment by the Council. The Council, subject to the provisions of this Charter, shall provide for the number, titles, qualifications, powers, duties and compensation of all appointive officers and employees.

(Amendment ratified 1996 Primary Election, March 26, 1996.)

The City Clerk shall have power and be required to:

(a) Be responsible for the recording and maintaining of a full and true record of all the proceedings of the Council in books that shall bear appropriate titles and be devoted to such purpose, and attend all meetings of the Council either in person or by deputy:

(b) Maintain separate books, 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 in accordance with this Charter; keep all books properly indexed and open to public inspection when not in actual use;

(c) Maintain separate files, with appropriate indexes thereto, of all contracts the execution of which was specifically authorized by Council action, and of all official bonds of the City;

(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 official records;

(f) Be ex-officio Assessor, unless the 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 county officers, or unless the Council by ordinance provides otherwise.

(g) Maintain in appropriate books and files such other records, documents, instruments, and papers as the Council shall provide by ordinance.

Except as may be otherwise provided by ordinance or resolution of the Council the destruction or other disposition of City records, documents, instruments, books, and papers in the custody of the City Clerk shall be governed by the laws of the State regulating the destruction or disposition of the records of general law cities.

(Amendment ratified 1969 General Municipal Election; approved, Assembly Concurrent Resolution No. 172, filed with Secretary of State on June 12, 1969, Res. Ch. 197, Stat. 1969.)

To become 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 five years prior to his appointment. The City Attorney shall have power and may be required to:

(a) Represent and advise the Council and all city officers 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, including the prosecution of violations of this Charter and ordinances enacted by the Council, 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 his employment or by reason of his official capacity provided the interest of the city in such action or proceeding is not adversely affected;

(c) Attend all regular meetings of the Council and give his advice or opinion in writing whenever requested to do so by the 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 his approval thereon in writing;

(e) Prepare any and all proposed ordinances or resolutions for the city and amendments thereto;

(f) Surrender to his successor all books, papers, files and documents pertaining to the city's affairs;

(g) The Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein.

There shall be a Controller appointed by the Chief Administrative Officer with the approval of the Council who shall have power and shall be required to:

(a) Have charge of the Finance Department and of the administration of the financial affairs of the city under the direction of the Chief Administrative Officer;

(b) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded;

(c) Submit to the Council through the Chief Administrative Officer a monthly statement of all receipts and disbursements 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;

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

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

Each department head and officer authorized by the Charter shall have the power to appoint, suspend or remove such deputies, assistants and subordinate employees as are provided for by the Council for his department or office, subject to the approval of the Chief Administrative Officer, the provisions of this Charter and of the Civil Service System as adopted hereunder.

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 third degree of any one or more of the members of such Council, nor shall any department head or other officer having appointive power or other supervising employee as defined by ordinance appoint any relative of his within such degree to any such position.

The 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 his bond, for any wrongful act or omission of his subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or commission.

Compensation of officers and employees of the City, except where this Charter provides that no salary shall be paid, shall be fixed by the Council as it may from time to time determine; provided further, that city employees shall be paid not less than the prevailing wage paid in private employment in the City of Fresno in the job or position in which said employees work and the City shall not require its employees to work longer hours for the same wage than workers in private employment in said city work for such wage in like employment.

(Amendment ratified 1993 Primary Election, March 2, 1993.)

There shall not be established for any position in the city service a regularly scheduled work day of more than eight hours or a regularly scheduled work week of more than five days, except that there may be established a regularly scheduled work day of up to ten hours for any position for which the regularly scheduled work week is not more than four days, or any other work week mutually agreed to between the City and a non-represented employees or between the City and a recognized employee organization. A member of the city fire fighting force shall be required to work, on a twenty-four hour day basis, not more than fifty-six hours per week on an average, said average to be determined in multiples not to exceed ninety days.

(Amendment ratified 1973 General Municipal Election.)

(Amendment ratified 1996 Primary Election, March 26, 1996.)

All employees, except temporary employees, shall be entitled to or shall receive credit for all holidays during each fiscal year without loss of compensation. The word "holiday" as used in this section, shall mean every state holiday, including that day in November known as Thanksgiving Day, but not including Sundays or any other day appointed by the President of the United States or the Governor of the State as a public fast, thanksgiving, or holiday, unless such appointed day is also declared to be a holiday pursuant to ordinance or resolution of the Council.

The amendment of this section to specify the exclusion of Sunday as a "holiday" under this section is declared to be a restatement, for the purpose of clarification only, of the law of the section in effect prior to such an amendment.

(Amendment ratified 1973 General Municipal Election.)

Persons employed by the city at the time this Charter becomes fully operative, except elective officers and members of appointive boards, commissions, and committees holding positions the same in substance as positions established or continued in the plan of organization provided under this Charter or by ordinance not inconsistent therewith and who have completed the period of probationary employment under the preceding Charter provisions and Civil Service rules or have served satisfactorily an equivalent period of time in positions not subject to probationary employment, shall have the right to remain in such positions or other positions of like duties, responsibilities and authority until promoted, removed, or reduced in rank in accordance with the provisions of this Charter. Any rights previously accumulated by a person under probationary status shall be retained.

Any officer or employee of the city who is appointed to or continued in a position as Department Head and is subsequently removed therefrom, except for malfeasance or misconduct, shall revert to his former position without loss of any rights or privileges and upon the same terms and conditions as if he had remained in said position continuously. Should such person be eligible for retirement under the retirement or pension system, he shall upon recommendation of the Chief Administrative Officer be retired instead of being restored to his former position.

The rights of employees relating to accrued sick leave and vacation or the validity of eligible lists created by virtue of Charter or Civil Service provisions in effect at the time this Charter becomes fully operative shall continue until exhausted pursuant to such provisions.

Except as otherwise provided by the general laws of this state heretofore or hereafter enacted, no person in the Administrative Service, or seeking admission thereto, shall be employed, promoted, demoted or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race, sex, or religious belief.

No officer or employee of the city and no candidate for any city office shall, directly or indirectly, solicit any assessment, subscription, or contribution, whether voluntary or involuntary, for any political purpose whatever, from anyone on the eligible lists or holding any position in the Administrative Service.

(Amendment ratified 1971 General Municipal Election; approved, Assembly Concurrent Resolution No. 130, filed with Secretary of State on June 18, 1971, Res. Ch. 77, Stat. 1971. Amendment ratified March 5, 1985 Special Municipal Election; filed with Secretary of State on May 6, 1985.)