Kingsburg Municipal Code Art. II Mayor and City Council

There shall be a City Council of five (5) members elected at large by the voters.

(A) Registered Voters Eligible. No person shall be eligible to hold the office of Councilmember unless he/she is at the time of assuming office an elector of the City and was a legally registered voter of the City at the time nomination papers were issued to him/her.

(B) Regular Election. The regular election of Councilmembers shall be held in the manner prescribed by law on the first Tuesday after the first Monday of November in even-numbered years or on such other day as the State may determine in the future to conduct the statewide general election in such even-numbered years.

(C) Who Elected. The winners are determined by the highest numbers of votes received.

(D) Procedure for Holding Elections. Unless otherwise provided by ordinance, all City elections shall be held in accordance with the provisions of the California Elections Code insofar as such Code is not in conflict with this Charter or an ordinance adopted pursuant to this Charter.

(E) Council Election and Terms. Councilmembers shall serve a term of four (4) years which terms shall be staggered for election so that either three (3) or two (2) new terms of office are open for election at each regular election described in 2.01(B), above.

All powers of the City shall be vested in the City Council, except as otherwise provided by this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by this Charter and by law. The Council shall make policy for the City and, additionally, shall be responsible to the people of Kingsburg for, but not limited to, the following duties and responsibilities:

(A) Considering ordinances and resolutions and adopting those which it determines to be necessary for the governance, proper administration and adequate financing of the City;

(B) Providing oversight of the City Manager and all municipal activities under his/her purview;

(C) Carrying out all provisions of this Charter, ordinances and applicable State and Federal laws;

(D) Conducting such reviews and taking such actions as may be required for the effective governance and financing of the City; and

(E) Performing such other duties as may by State law, ordinance or resolution be assigned to the City Council, but in no way conflict with the duties of the City Manager as set out in this Charter.

(F) The City shall establish residential growth control regulations which will place a limit on the number of residential building permits that may be issued annually.

(Res. No. 2004-52, 8-5-2004, approved at referendum on 11-2-2004)

There is hereby created the office of Mayor. Only a member of the City Council shall be eligible to hold the office of Mayor. The Council shall select the Mayor, who shall serve at the pleasure of the Council.

The duties of the Mayor shall be assigned by the Council by ordinance, which shall include, but not be limited to, the duties listed in this Section. The Mayor shall be the chief representative of the City Council and shall:

(A) Be responsible for public relations activities and represent the City Council for ceremonial purposes;

(B) Preside at meetings of the Council;

(C) Represent the City Council in intergovernmental relations, personally or by a representative designated by him/her;

(D) Provide leadership and marshal citizen participation in City activities and civic affairs;

(E) Report to the public from time to time on the affairs of the City;

(F) Recommend appropriate and necessary policy and legislation to the Council;

(G) Recommend to the Council programs for the physical, economic, social and cultural development of the City;

(H) Be and possess the authority and attributes of a Councilmember;

(I) Meet regularly and as appropriate with the City Manager for the purpose of providing guidance as to the intent of the policies and actions of the Council, expressing the desires of the Council and its members, and advising the City Manager relative to assuring that Council policies are implemented;

(J) Jointly with the Council, at least annually, evaluate the performance of the City Manager;

(K) In civil emergencies declared by the Governor of the State of California, be the head of government for the purpose of exercising emergency powers as set out in State law; and

(L) Possess such authority and perform such duties as are granted or required by this Charter or by the Council, provided such additional duties shall not conflict with any other provision of this Charter.

There is hereby created the office of Mayor Pro Tem. The City Council shall select the Mayor Pro Tem who shall serve as Mayor Pro Tem at the pleasure of the Council. In the absence of the Mayor, the Mayor Pro Tem shall possess and perform the duties of Mayor.

The compensation and expenses of the Council shall be in accordance with State law and the provisions of this Charter.

(A) City Council to Determine. The City Council may determine the salary and compensation of the Mayor, Mayor Pro Tem, and Councilmembers by ordinance, but no ordinance increasing such salary or compensation shall become effective until the commencement of the terms of Councilmembers elected at the next regular Council election.

(B) Expense Reimbursement. The Mayor, Mayor Pro Tem and Councilmembers shall receive reimbursement for their actual and necessary expenses incurred in the performance of their duties of office, such reimbursement to be made pursuant to a schedule of expenses adopted by the Council by resolution, which schedule shall be applicable uniformly to the Council and all City employees and officers.

No Councilmember shall hold any other City office or City employment during the term for which elected or appointed to the Council or for two years afterwards. Nothing in this Section shall be construed to prohibit the Council from selecting any current or former Councilmember to represent the City on the governing board of any regional or intergovernmental agency nor to prohibit any Councilmember from service to the City as a reserve police officer or volunteer firefighter/paramedic or in any similar reserve, volunteer or auxiliary capacity.

(A) Restriction on Personnel Powers. Neither the Council nor any of its members may in any manner control or demand the appointment or removal of any City department head or employee whom the City Manager or any subordinate of the City Manager is empowered to appoint. But the Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such department heads and employees.

(B) Restriction on Interference With City Manager. Neither the Mayor nor any Councilmember shall interfere with the execution of the powers and duties of the City Manager. Except for purposes of inquiry, the Mayor and Councilmembers shall deal with the administrative service solely through the City Manager, and neither the Mayor nor any Councilmember shall give orders to, discipline or threaten any subordinate of the City Manager, either publicly or privately.

The office of a Councilmember shall become vacant upon the occurrence of any event of vacancy or other event which would result in removal from or forfeiture of such office under State law governing such matters for general law cities or under the express provisions of this Charter. Whenever a vacancy in the City Council arises, from whatever cause arising, the vacancy shall be filled by the City Council as provided herein.

(A) Filling of Vacancy. Within fifteen (15) working days of the occurrence of the Council vacancy, following a published notification of such vacancy, persons who are eligible for and interested in filling the vacancy shall file a standard application with the City Clerk. On the 16th working day following the creation of the vacancy, the City Clerk shall provide to the remaining Councilmembers the applications of all eligible applicants. Within 30 calendar days of receipt of said applications the City Council shall make an appointment from among the eligible applicants or shall call a special election to fill such vacancy; provided, for any vacancy which occurs at any time on or after thirty (30) days prior to the close of the regular filing period for the next regular municipal election, the City Council may instead determine that the office shall be filled by election to be held in conjunction with the regular election of Councilmembers at that next regular municipal election for a successor to serve the then-remaining balance of the term of the vacant office, or a new term, whichever applies.

(B) Limit on Appointment. Notwithstanding Section 2.08(A) hereof, any Councilmember appointed to fill a vacancy more than thirty (30) days prior to the close of the regular filing period for the next regular municipal election shall stand for election to any then-remaining balance of the term of that office; and an election for that then-remaining balance of the term of that office shall be conducted and held in conjunction with the regular election of Councilmembers at that next regular municipal election.

(C) Forfeiture of Office. A Councilmember shall forfeit his/her office and the office shall become vacant if the Councilmember:

(1) Fails to meet or maintain throughout his/her term of office all qualifications for the office required by this Charter and by State law for the office of councilmember of general law cities;

(2) Is convicted in a criminal proceeding or expressly found in a civil proceeding of knowingly violating any express provision of this Charter or of failing to execute or abide by any mandatory provision hereof;

(3) Is convicted of a designated crime specified in the Constitution or the law of the State;

(4) Fails to attend three consecutive regular meetings of the Council without prior permission or being excused by the Council; or

(5) Fails to attend at least 85 % (eighty-five percent) of the regular meetings of the Council during any twelve month period, without prior permission or being excused by the Council.

Councilmembers shall endeavor to be in attendance when the City Council is in session. Regular meeting attendance matters shall be determined as provided in this Section.

(A) Prior Permission. Each Councilmember shall request prior permission to be absent from any regular meeting of the Council he/she plans not to attend. Such request shall be made directly or through others orally or in writing at any time prior to commencement of the regular meeting to be missed. Each request shall include the date of and reason(s) for the absence. Each request shall be announced on the record in public session and noted in the minutes as soon as the request is made. The request shall be deemed approved unless it is disapproved immediately after such announcement and notation by a separate majority roll call vote of all other Councilmembers then present in favor of a motion to disapprove the absence, which motion must include express reasons for such disapproval based on past practice and attendance.

(B) Request to be Excused. Each Councilmember who fails to attend a regular meeting of the Council without obtaining prior permission for that absence in accordance with (A), above, shall thereafter request to be excused from such failure to attend. Such request shall be made directly or through others orally or in writing at any time prior to adjournment of the next regular meeting following the regular meeting the Councilmember failed to attend. Each request shall include the date of and reason(s) for the absence. Each request shall be announced on the record in public session and noted in the minutes as soon as the request is made. The request shall be deemed approved unless it is disapproved immediately after such announcement and notation by a separate majority roll call vote of all other Councilmembers then present in favor of a motion to disapprove the absence, which motion must include express reasons for such disapproval based on past practice and attendance.

(C) Agenda Attendance Items. All published agendas for Council meetings shall include mandatory consideration of all such Council attendance items as soon as they arise.

The process for the selection of Mayor and Mayor Pro Tem, the time and place of regular meetings, the method of calling meetings and the rules of order for the conduct of proceedings by the Council shall be as established by ordinance.

The City Council shall provide for an independent annual audit of all City financial accounts and documents and may provide for more frequent or more specialized audits as it deems necessary.

(A) Auditor Limitations. All audits shall be made by a certified public accountant firm experienced in city auditing, which audit firm may not provide services to the City other than audit and allied financial reporting services for a period of five (5) years after the conduct of any such annual audit.

(B) Designation of Auditor. The Council shall select such audit firm for a period not exceeding five (5) years, but the designation for any particular fiscal year shall be made no later than sixty (60) days before the end of the first fiscal year to be audited. The selected firm may not succeed itself as City auditor, but may serve for five one (1) year terms, or any combination not exceeding a total of five (5) years.

(C) Comprehensive Audit and Evaluation. The annual audit shall be comprehensive of all City departments, funds, agencies and accounts, and shall include an evaluation of the City budgeting and accounting system as to compliance with generally accepted accounting principles and modern practices for an integrated and computerized city financial management system utilizing all possible advanced data handling, accounting and control techniques and procedures.

(D) Records Review. The audit also shall include an evaluation of the maintenance and retention integrity and safety of all City records and documents of all departments.

(E) Treasury Review. The audit also shall include an evaluation of the safety, security, integrity and collateralization of all City deposits, investments and financial obligations, including a review of the solvency and safety of all City depositories.

(F) Audit Submitted at Council Meeting. The annual audit and written report attendant thereto shall be submitted by the audit firm at a properly-convened meeting of the Council at which presentation and consideration for approval of the annual audit appears on the published agenda, the audit and report to be available and open to public inspection at least ten (10) days prior to the meeting at which they are to be presented and considered.

Ordinances adopted by the City Council shall be enacted or repealed in the form: "The City Council of the City of Kingsburg does ordain as follows: ...".

(A) Form of Ordinance. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. An ordinance may be read by title only at the time of its introduction, and must be available to the public in full text when introduced. The title of an ordinance shall reflect accurately the subject of the ordinance.

(B) Adoption of Ordinance. An ordinance may be introduced by any Councilmember at any regular, special or adjourned Council meeting. The second reading and adoption of the introduced ordinance shall be conducted at a regular, adjourned, or special meeting of the Council, which meeting shall be not less than five calendar days after its introduction. The ordinance may be read by title only at second reading.

(C) Ordinance Availability. The City Clerk shall be provided a copy of any proposed ordinance prior to its introduction and adoption, and shall make copies of proposed ordinances available at reasonable cost of duplication to the public or interested persons. The public shall have an opportunity to be heard on the proposed ordinance at any meeting the proposed ordinance is considered.

(D) Ordinance Effect. All ordinances other than emergency ordinances and other ordinances which take immediate effect under State law, shall go into effect thirty days after adoption, or such later date as may be specified in the ordinance or State law.

(E) Adoption of Codes by Reference. The Council may adopt standard codes, compilations and codifications by reference in the manner allowed by State law without specific verbatim publication or codification in the City Code.

(F) Publication of Ordinance. The City Clerk shall publish every ordinance adopted by the City Council within the time required by State law either in full text or in brief summary(ies) thereof as allowed by State law, the minimum publication to be within fifteen (15) days following such adoption in a newspaper of general circulation in the City or, if there is no newspaper of general circulation in the City, by posting in three (3) public places in the City.

(G) Ordinance Review. All ordinances shall be collectively reviewed not less than once every five (5) years to assure conformance with State and Federal law, and to assure that all ordinances remain relevant, current and consistent.

To meet a public emergency affecting life, health or property or for the immediate preservation of the public peace, health or safety, the City Council may adopt emergency ordinances, but such ordinances may not levy taxes; grant, renew or extend a franchise; or authorize the borrowing of money except as provided herein for emergency appropriations.

(A) Form and Manner of Emergency Ordinance. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances herein, except that it plainly shall be designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that such public emergency or need for immediate preservation exists and describing such public emergency or need for immediate preservation in clear and specific terms.

(B) Required Vote. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four Councilmembers if the Council consists of five members, three Councilmembers if the Council consists of only four members, and all three members if the Council consists of only three members shall be required for adoption.

(C) Publication of Emergency Ordinance. After adoption, an emergency ordinance shall be published or posted in full text as prescribed for other adopted ordinances. An emergency ordinance shall become effective upon adoption or at such later time as it may specify.