Merced Municipal Code Art. VI Officers and Employees

In addition to the City Manager, the City Council shall appoint the City Attorney, Finance Officer, and City Clerk, who shall serve at the pleasure of the City Council and may be removed by motion of the City Council adopted by at least four affirmative votes.

(Amended November 6, 2007: Amended May 2, 1977: December 6, 1976).

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, divisions, offices and agencies and for their alteration or abolition, for their assignment and reassignment to departments, and for the number, titles, qualifications, powers, duties and compensation of all officers and employees.

Each department so created shall be headed by an officer as department head who shall be appointed by the city manager.

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 of the proceedings of the City Council in books, records, or documents and media in other appropriate forms, that shall bear appropriate titles and be devoted to such purpose;

B. Maintain separate books, records, or documents and media in other appropriate forms, 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 or posted in accordance with this Charter. The City Clerk shall keep all books, records, or documents and media in other appropriate forms, properly indexed and open to public inspection when not in actual use;

C. Maintain separate books, records, or documents and media in other appropriate forms, in which a record shall be made of all written contracts and official 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 official records; and,

F. Have charge of all City elections.

(Amended November 6, 2007).

To become eligible to be appointed as the City Attorney, the person appointed shall be an attorney-at-law duly licensed as such under the laws of the State of California. He/She shall have been engaged in the practice of law for at least five years prior to his/her appointment. The City Attorney shall have power and be required to:

A. Represent and advise the City Council and all City officers in all matters of law pertaining to their offices;

B. Represent and appear for the City and any City officer or employee, or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee, in or by reason of his/her official capacity, is concerned or is a party, but the City 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;

C. Attend all regular meetings of the City Council and give his/her advice or opinion in writing whenever requested to do so by the City Council or by any of the boards, commissions, or officers of the City;

D. Approve the form of all bonds given to, and all contracts made by the City, endorsing his/her approval thereon in writing;

E. Prepare any and all proposed Ordinances or Resolutions for the City, and amendments thereto and approve the same as to legal form;

F. Prosecute on behalf of the People of the State of California as the City Prosecutor such criminal cases for violations of this Charter and of City Ordinances as in his/her opinion, warrant his/her attention;

G. Devote such time to the duties of his/her office as may be specified in the Ordinance or Resolution fixing the compensation for such office; and,

H. On vacating the office, surrender to his/her successor all books, papers, files, and documents in whatever form they exist pertaining to the City's affairs.

(Amended November 6, 2007: Amended June 4, 1968).

The Finance Officer shall have power and be required to:

A. Have charge of the administration of the financial affairs of the City under the direction of the City Manager;

B. Compile the budget expense and revenue estimates for the City Council, based upon the City Manager's proposed budget; and at the end of the fiscal year, prepare and submit a complete report on the finances of the City to the City Council in consultation with the City Manager;

C. Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment, all bills, invoices, payrolls, demands or charges against the City government and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges;

D. Maintain a general accounting system for the City government and each of its offices, departments and agencies;

E. Keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of the receipts and disbursements from each receiving and expending agency of the City government to be made daily or at such intervals as he/she may deem expedient;

F. Submit to the City Council and the City Manager 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;

G. Collect all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and receive all 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;

H. Have custody of all public funds belonging to or under the control of the City or any office, department, or agency of the City government, and deposit all funds coming into his/her hands in such depository as may be designated by Resolution of the City Council, or, if no such Resolution be adopted, 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;

I. Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies;

J. Establish a centralized purchasing system for all City offices, departments and agencies; and,

K. Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Manager and the City Council for adoption by Ordinance; and prepare administrative policies and procedures implementing this Section and recommend them for review and approval by the City Manager.

(Amended March 3, 2020; amended November 6, 2007; amended May 2, 1977).

The City Council, by Ordinance, may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency.

Where the positions are not incompatible, the City Council may combine in one person the powers and duties of two or more offices created or provided for in the Charter. No office provided in this Charter, to be filled by appointment by the City Manager, may be combined with an office provided in this Charter to be filled by appointment by the City Council.

Notwithstanding the foregoing, the City Council may transfer or consolidate functions of the City government to or with appropriate functions of the State or County government and in case of any such transfer or consolidation, the provisions of this Charter providing for the function of the City government so transferred or consolidated, shall be deemed suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the Ordinance establishing such transfer or consolidation. Any such transfer or consolidation may be repealed by Ordinance.

(Amended November 6, 2007).

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

(Amended November 6, 2007).

Each department head shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for his/her department, subject to the personnel provisions of this Charter and the rules and regulations promulgated thereunder, and subject to the approval of the City Manager being first had and received.

(Amended November 6, 2007).

No employee may be sworn into office as the elected or appointed Mayor or Member of the City Council of the City unless he/she resigns as an employee. If the employee does not resign, his/her employment shall automatically terminate upon his/her being sworn into office.

(Amended November 6, 2007).

The City 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, as defined under the common law, of any one or more Members of such City Council and neither shall any officer having appointive power appoint any relative within such degree to any such position.

(Amended November 6, 2007).

The City Council shall fix by Ordinance the amounts and terms of the official bonds of all officials or employees who are required by this Charter or 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/her bond for any wrongful act or omission of his/her subordinates unless such superior officer was a party to or conspired in such wrongful act or omission.

(Amended November 6, 2007).

The Mayor and each Member of the City Council and of every board and commission and each officer and department head and all City employees, before entering upon the discharge of the duties of his/her office, shall take, subscribe to and file with the City Clerk the following oath or affirmation:

"I, ___________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter."

The oath or affirmation shall be administered by the City Clerk, or his/her appointed deputies.

(Amended November 6, 2007).