Long Beach Municipal Code Art. V Officers and Employees

The officers of the City shall be:

The Mayor and members of the City Council

City Attorney

City Auditor

City Prosecutor

City Manager

Assistant City Manager

City Clerk

Five members of the Civil Service Commission

Five members of the Harbor Commission

Five members of the Public Utilities Commission

Seven members of the Planning Commission

All department heads and other persons who in the exercise of their duties perform governmental functions of the City

Officers created by general state law, City ordinance or resolution.

(Amended by Meas. BB, 11-8-2022, eff. 1-23-2023; Amended by Prop. R, 11-4-1986, eff. 2-5-1987)

The City Council may establish by ordinance departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies. The City Council may consolidate departments or divisions of departments provided that no department headed by an elective officer shall be consolidated with or subordinated to any other department or any division of any other department. The City Council may provide by resolution for the number and titles of all City officers and employees.

Unless expressly provided in this Charter to the contrary, no person shall be eligible to nomination for election to any office who at the time of his or her nomination and election is not a legally registered voter of the City, and shall not have been a bona fide resident of the City or territory legally annexed thereto, for at least thirty (30) days immediately preceding the first day upon which candidates are permitted to file nominating petitions for such office with the City Clerk.

No person shall be eligible for appointment to any membership on any Charter-mandated commission, who at the time of his or her appointment, is not a legally registered voter of this City, and shall not have been a bona fide resident of the City or territory legally annexed thereto, for at least thirty (30) days immediately preceding the date of his or her appointment.

No person shall be eligible for either election or appointment to any office or to any membership on any Charter-mandated commission, or for appointment as an assistant, deputy, clerk, or other employee of any officer or commission, or to appointment to any position of employment whatsoever in the service of the City, who on the date of his or her election or appointment, shall be in litigation against the City.

All elective officers and all members of Charter-mandated commissions, must be bona fide residents of the City and maintain their respective places of abode within its corporate limits at all times during which they hold such office, or are members of any such Charter-mandated commission. The term, places "of abode", as used herein, shall mean not only the legal or technical residence or domicile, but also actual abode in fact.

Any elective officer, member of a Charter-mandated commission upon his or her failure to comply with and abide by the requirements as to residence and place of abode as hereinbefore set forth, shall be thereby immediately disqualified from holding such office or membership. The tenure of such officer or member shall be immediately terminated.

Each officer and each employee shall receive such compensation for services as may be prescribed by resolution of the City Council or duly fixed by resolution of the Commission having jurisdiction under this Charter. The salaries or compensation proposed to be fixed by such commission shall be subject to the prior approval of the City Council by resolution.

Time and method of payment of salaries of all officers and employees, including those whose salary is set by an authority other than the City Council, shall be prescribed by the City Council. Frequency of payment shall be not less than twice each calendar month.

Notwithstanding any other provision of this Charter, the City may establish a deferred compensation plan in accordance with applicable State and Federal laws and regulations. Officers and employees who enter into an agreement with the City under such a deferred compensation plan shall be deemed to have been compensated pursuant to Section 503 of this Charter.

All elective and appointive officials, their assistants, deputies and clerks, and other employees of the City shall devote their entire time during business hours to the duties of their respective offices, or employment. The City Attorney, City Prosecutor, City Auditor, City Manager, Executive Director of the Harbor Department and the General Manager of the Public Utilities Department, shall not engage in any other business or practice during their respective tenure of office or employment. The members of the City Council and members of any commission are specifically exempted from the provisions of this section. The provisions of this section shall not be applicable to professional or technical assistants temporarily employed by the City or an autonomous commission to assist or advise any City departments. Any ordinance adopted by the City Council regulating the employment of officers and employees of the City outside business hours shall be applicable to, and binding upon, officers and employees of all City Departments, including autonomous departments.

(Amended by Meas. BB, 11-8-2022, eff. 1-23-2023)

All officers elected under this Charter shall take office on the third Tuesday of July after their election and shall hold office until their successors are elected and qualified. The provisions of this section shall not apply to the members of the Board of Education.

In the event of a vacancy for any reason in any elective office, except City Council members, the vacancy shall be filled for the unexpired term by the City Council unless otherwise expressly provided in this Charter.

No person shall be eligible for appointment to a vacancy in any elective office who at the time of such appointment is not a legally registered voter of this City and shall not have been a resident of the City for at least thirty (30) days immediately preceding such appointment.

If a person elected or appointed to any office shall fail to qualify within ten (10) days after receipt of his certificate of election or notice of appointment, the office shall be declared vacant by the City Council, and shall be filled as if there were a vacancy.

The term for office of members of the Commissions set forth in this Charter shall be four (4) years, beginning with the first Monday after the first day of July following their respective appointments, and until their successors are appointed and take office. Except as provided herein, no person shall serve more than two (2) full terms on any one Commission. Serving any portion of an unexpired term shall not be counted as service of a term on such Commission. Notwithstanding the foregoing, members of the Harbor Commission who are currently serving as of January 1, 2025 may not serve more than two (2) full terms of six (6) years on the Harbor Commission and members of the Public Utilities Commission who are currently serving as of January 1, 2025 may not serve more than two (2) full terms of five (5) years on the Public Utilities Commission. Persons who have not served as members of either the Harbor Commission or the Public Utilities Commission as of January 1, 2025 may serve no more than a total of three (3) full terms of four (4) years on the Harbor Commission or more than a total of three (3) full terms of four (4) years on the Public Utilities Commission.

(Amended by Meas. HC, 11-5-2024; Amended by Meas. BB, 11-8-2022, eff. 1-23-2023)

At the expiration of the term of each member of the Commissions established by this Charter, the Mayor shall appoint a successor, subject to confirmation by an affirmative vote of a majority of the councilmembers in office at that time. Should a vacancy occur for any reason other than by expiration of a term, the Mayor, subject to confirmation by an affirmative vote of a majority of the councilmembers in office at that time, shall appoint a successor to fill such vacancy for the unexpired term. The Mayor in making appointments to each such Commission shall stagger the terms of the Commission members so as to provide a continuity of experienced members on each Commission. Membership on the Recreation Commission and the filling of vacancies thereon shall be as set forth in Article IX hereof.

The Mayor may remove any member of a Charter-mandated commission at any time, with the concurrence of two-thirds (⅔) of the members of the City Council.

(Amended by Prop. A, 5-1-2007, eff. 5-22-2007)

No officer, commission or member of any Commission of this City shall recommend the appointment of, appoint, vote for or elect to any office, position or employment, in any department of the City government any member of said officer's or commission member's immediate family. For purposes of this section the term "immediate family" shall mean wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, or any person who regularly cohabits with or uses the domicile of said officer or commission member as his or her residence. Any appointment made in violation of this section shall be void and of no effect.