Needles Municipal Code Art. VII Officers And Employees

In addition to the council and city manager, the officers and employees of the city shall consist of city clerk, a city treasurer, a city attorney, a director of finance, a director of public utilities, a chief of police, a chief of the fire department and such other officers, assistants, deputies and employees as the council may provide by ordinance or resolution.

The city clerk, city treasurer and city attorney shall be appointed by and may be removed by the affirmative votes of at least four members of the council. Except as otherwise provided in this Charter, all other officers, department heads and employees of the city shall be appointed by the city manager and shall serve at the pleasure of the city manager.

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 consolidation, alteration or abolition. It may further provide by ordinance or resolution for the assignment and reassignment of duties, offices and agencies to departments, and for the number, titles, qualifications, powers, duties, and compensation of 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, and may be suspended or removed, 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, provided, however, that the same person shall not hold the position of city treasurer and director of finance.

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 Any such transfer or consolidation may be repealed in like manner. No such transfer or consolidation shall be made which would impair or adversely affect any then existing bonds, obligations or contracts.

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

Every officer of the city, before entering upon the duties of his 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.

The council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials and 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 omission.

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 the city manager, 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 affiliation or political services, and no appointment to or selection for or removal from any officer 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:

1. 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 purposes.
2. 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.
3. Maintain separate books, in which a record shall be made of all written contracts and official bonds.
4. Keep all aforementioned books properly indexed and open to public inspection when not in actual use.
5. Be the custodian of the seal of the city.
6. Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the city and certify copies of the official records.
7. Have charge of all city elections.
8. Be ex-officio assessor, unless the council has availed itself, or does in the future avail itself, or 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.
9. Perform such other duties consistent with this Charter as may be required of him by the council.

The director of finance shall have power and shall be required to:

1. Have charge of the administration of the financial affairs of the city under the direction of the city manager, and be head of the finance department of the city.
2. Compile the budget expense and income estimates for the city manager.
3. Maintain a general accounting system for the city government and each of its offices, departments and agencies.
4. Supervise and be responsible for the disbursement of all moneys and have control of 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 advise of the city attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges.
5. See that all taxes, assessments, license fees and other revenues of the city, or for whose collection the city is responsible, and all other money receivable by the city from the county, state or federal government, or from any court, office, department or agency of the city are collected.
6. Submit to the council through 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.
7. Supervise the keeping of current inventories of all property of the city by all city departments, offices and agencies.
8. Perform such other duties consistent with this Charter as may be required of him by ordinance or resolution of the council.

The city treasurer shall have power and shall be required to:

1. Receive all taxes, assessments, license fees and other revenues of the city, or for whose collection the city is responsible, and receive all taxes or other 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.
2. Have custody of all public funds belonging to or under control of the city or any office, department or agency of the city government and deposit all funds coming into his hands into such depository as may be designated by resolution of the council, or, if no such resolution be adopted, then in such depository designated in writing 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.
3. Disburse moneys on warrants in the manner provided for in this Charter.
4. Prepare and submit to the director of finance monthly written reports of all receipts, disbursements and fund balances, copies of which reports shall be filed with the city manager.
5. Perform such other duties consistent with this Charter as may be required of him by ordinance or resolution of the council.

To become and remain 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 three years prior to his appointment. The city attorney shall have power and may be required to:

1. Represent and advise the council and all city officers in all matters of law pertaining to their offices.
2. Prosecute on behalf of the people any or all criminal cases arising form violation of the provisions of this Charter or of city ordinances.
3. Represent and appear for the city in any or all actions or 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, in any or all actions or 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.
4. 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.
5. Approve the form of all contracts made by and all bonds given to the city, endorsing his approval thereon in writing.
6. Prepare any and all proposed ordinances and resolutions for the city and amendments thereto.
7. Devote such time to the duties of his office as may be specified in the ordinance or resolution fixing the compensation for such office.
8. Surrender to his successor all books, papers, files and documents pertaining to the city’s affairs.

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.

The director of public utilities shall have power and be required to:

1. Be the head of the department of public utilities.
2. Supervise and be responsible for the construction of all public utilities and the care and maintenance of the assets and facilities thereof.
3. Supervise and be responsible for the administration, maintenance and operation of all public utilities owned or operated by the city, including but not limited to, the municipal water system.
4. On vacating the office, surrender to his successor all maps, plans, field notes and other records and memoranda belonging to the city and pertaining to his office and the work thereof.
5. Perform such other duties consistent with this Charter as may be required of him by the council.

He shall be chosen on the basis of his executive and administrative qualifications, with special reference to this actual experience in, and his knowledge of, accepted practice in respect to the duties of his office as hereinbefore set forth. He need not be a resident of the city or state at the time of his appointment, but during the tenure of office, he shall reside within the city.

The chief of police shall have power and be required to:

1. Act as head of the police department, preserve the public peace, and enforce all penal ordinances of the city.
2. Execute and return all process issued and directed to him by legal authority.
3. Exercise all the powers and enjoy the same protections that are now or may hereafter be conferred upon sheriffs and other police officers by the general laws of the state with respect to the suppression of riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their functions.
4. Perform such other duties consistent with this Charter as may be required of him by the council.

The chief of the fire department shall have power and be required to:

1. Act as head of the fire department and supervise all matters relating to the prevention and extinguishing of fires and the protection of all property impaired thereby.
2. Make frequent inspection of all property within the city to enforce fire prevention regulations.
3. During the time of a fire exercise supreme authority over the territory involved therein, and over all persons in the immediate vicinity of the fire during such time, including policemen, who likewise shall be subject to his orders.
4. Perform such other duties consistent with this Charter as may be required of him by the council.