Mountain View Municipal Code Art. VII Officers and Employees

The officers of the City of Mountain View shall consist of the council, a city manager, a city clerk, a city attorney, a city auditor, and such other subordinate officers, assistants, deputies, and employees as the council may deem necessary to provide by ordinance.

(As amended June 3, 1980.)

The city manager, city clerk, city auditor and city attorney shall be appointed by and may be removed by the affirmative votes of at least five members of the council. All other officers and department heads of the city shall be appointed by the city manager and shall serve at the pleasure of the city manager.

(As amended April 12, 1960; June 3, 1980.)

The 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. It may further provide by ordinance or resolution for the assignment and reassignment of divisions, offices and agencies to departments, and for the number, titles, qualifications, powers, duties, and compensation for all officers and employees, consistent with this Charter.

Each department so created shall be headed by an officer as department head who shall be appointed by the city manager, except as otherwise provided by this Charter.

When the positions are not incompatible, the council may combine in one person the powers and duties of two or more offices.

The council may transfer or consolidate functions of the city government to or with appropriate functions of the state or county government, or may make use of such functions of the state or county government, and in case of any such transfer or consolidation the provisions of the 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 or resolution establishing such transfer or consolidation. Any such transfer of consolidation may be repealed in like manner.

The compensation of all city officers and employees, except as otherwise provided in this Charter, shall be by salary to be fixed for ordinance or resolution. No officer or employee shall be allowed any fees, perquisites, emoluments, rewards or compensation, aside from the salary or compensation as fixed by the council, but all fees received by that person in connection with that person's official duties shall be paid by that person into the city treasury.

(As amended June 3, 1980.)

Every officer of the city, before entering upon the duties of that person's office, shall take the oath of office as provided for in the constitution of this state, and shall file the same with the city clerk.

(As amended June 3, 1980.)

The council shall fix by ordinance 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 that officer's bond, for any wrongful act or omission of that officer's subordinate, unless such superior officer was a party to, or conspired in such wrongful act or omission.

(As amended June 3, 1980.)

No officer or employee of the city shall become financially interested except by testate or intestate succession, either directly or indirectly, in any contract, sale, purchase, lease or transfer of real or personal property to which the city is a party, or be employed by any public service corporation regulated by, or holding franchises in the city if such activity or contract would violate the provisions of California Government Code Section 1090, et seq. A willful violation of this provision shall be deemed a misdemeanor. Any contract made in contravention of this section shall be void.

(As amended June 3, 1980; November 3, 1998.)

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 and neither shall any department head or other officer having appointive power appoint any relative within such degree to any such position.

Except as otherwise provided by the general laws of this state heretofore or hereafter enacted, no appointment to any position under the city government shall be made or be withheld by reason of any religious or political opinions or affiliations or political services, and no appointment to or selection for or removal from any office or employment and no transfer, promotion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or service.

The city clerk shall have the power and be required to:

(a) Attend all meetings of the council and 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.

(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 or posted in accordance with this Charter.

(c) Maintain separate books, in which a record shall be made of all written contracts and official bonds.

(d) Keep all aforementioned books properly indexed and open to public inspection when not in actual use.

(e) Be the custodian of the seal of the city.

(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the city and certify copies of the official records.

(g) Have charge of all city elections.

(h) Perform such other duties consistent with this Charter as may be required of the city clerk by the council.

(As amended June 3, 1980.)

The city auditor shall be an experienced accountant, preferably with municipal accounting experience. The city auditor shall have power and be required to perform such duties consistent with this Charter as may be required by the city council. This position may be combined with any other officer of the city as designated by the city council. Council, in its discretion, may retain the professional accounting services of an independent audit firm to serve as city auditor from time to time. The city council shall also annually employ an independent auditor as required by Section 1106 of this Charter.

(As amended June 3, 1980; November 3, 1998.)

The city attorney shall have the power and 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 and proceedings in which the city is concerned or is a party; and represent and appear for any city officer or employee or former city officer or employee for any action arising out of that person's employment or by reason of that person's official capacity as may be required by law.

(c) Attend all meetings of the council and give the city attorney's 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 bonds given to and all contracts made by the city, endorsing the city attorney's approval thereon in writing.

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

(f) Prosecute on behalf of the people all criminal cases for violation of this Charter and of city ordinances.

(g) Perform such other duties consistent with this Charter as may be required of the city attorney by the council.

(h) On vacating the office, surrender to his or her successor all books, papers, files and documents pertaining to the city's affairs.

To become eligible for appointment as a city attorney, the appointee shall have been admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the practice of law for at least three years immediately prior to that person's appointment.

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.

(As amended June 3, 1980; November 3, 1998.)