Article XII — GENERAL PROVISIONS

Section 1200. Conflict of Interest. No officer of the City may participate on behalf of the City in any transaction or activity in which they have a conflict of interest, as such conflict is defined by State Law. The penalty for violation of this section shall be as provided by State Law.

(Amended by: Stats. November 1988.)

(Res. No. 89280, 6-21-2022)

Section 1201. Incompatible Employment. Each officer and employee shall, during their hours of active duty, devote their whole time, attention and efforts to their office or employment, and they may not be required to perform any service except for the benefit of the City. No officer or employee of the City may engage in any employment, activity or enterprise which has been determined to be inconsistent, incompatible or in conflict with their duties or with the duties, functions and responsibilities of the department or other agency in which they are employed.

The City Administrator or the City Attorney, or the Auditor, as to personnel under their respective jurisdictions, shall declare the activities which will be considered inconsistent, incompatible or in conflict with, or inimical to, the duties of such personnel as City employees. In making this determination, consideration shall be given to employment, activity or enterprise which: (a) involves the use for private gain or advantage of City time, facilities, equipment and supplies, or the badge, uniform, prestige or influence of one's City office or employment; or (b) involves receipt by the officer or employee of any money or other consideration for the performance of any act required of them as a City officer or employee; or (c) involves the performance of an act in other than their capacity as City officer or employee which act may later be

subject directly or indirectly, to control, inspection, review, audit or enforcement by them or by the agency in which they are employed.

(Amended by: Stats. November 1988 and March 2004.)

(Res. No. 89280, 6-21-2022)

Section 1202. Conflict in Office. The Mayor and members of the Council shall not hold any other municipal office or any other office or employment to receive compensation from the City; or be appointed or elected to any office created by the Council while they are a member thereof, until at least one year shall have expired after the expiration of the term for which they were elected.

(Amended by: Stats. November 1988.)

(Res. No. 89280, 6-21-2022)

Section 1203. Gifts and Trusts. The Council shall have the power to accept gifts and trusts in behalf of the City and to control, manage, dispose of and otherwise administer the same in accordance with their terms.

(Amended by: Stats. November 1988.)

Section 1204. Title to Property. All real property acquired by the City shall be held in the name of "The City of Oakland."

(Amended by: Stats. November 1988.)

Section 1205. Public Notice. Except as otherwise provided in this Charter or by general law, the Council shall, by ordinance applying to all agencies of the City, designate the time and conditions under which adequate public notice should be given, through publication or otherwise, of the pending consideration of ordinances, invitations to bid, and awards of contracts or leases, notices of intention to grant franchise, election proceedings and other matters requiring public notice in accordance with this Charter, any ordinance enacted pursuant thereto or general state law. Publication, if required, shall be in an official newspaper designated annually by the Council. The Council shall establish procedures by ordinance to designate a newspaper or newspapers as the official newspaper(s) of the City of Oakland for the purpose of publishing legal and other notice of matters where publication is required by the Oakland City Charter or by other laws.

(Amended by: Stats. November 1988; Stats. November 2019.)

Section 1206. Oath of Office. Every officer of the City, before entering upon their duties, shall take the following oath and file the same with the City Clerk: "I solemnly swear or affirm that I will support the constitution of the United States, the constitution of the State of California, and the Charter of the City of Oakland, and will truly and to the best of my abilities perform the duties of the office of _______."

(Amended by: Stats. November 1988.)

(Res. No. 89280, 6-21-2022)

Section 1207. Oaths and Subpoenas. Every officer and every member of any Board provided for in this Charter shall, in all matters relevant to their office, have the power to administer oaths and affirmations and to issue subpoenas to compel the production of books, papers and documents and to take testimony on any matter pending before him. If any person subpoenaed fails or refuses to appear or to produce required documents or to testify, said officer or the majority of the members of the board or commission may find them in contempt, and shall have power to take the proceedings in that behalf provided by the general law of the State.

(Amended by: Stats. November 1988.)

(Res. No. 89280, 6-21-2022)

Section 1208. Violation. The violation of any provision of the Charter shall be deemed a misdemeanor and be punishable upon conviction in the manner provided by State Law, unless otherwise expressly provided for in this Charter.

(Amended by: Stats. November 1988 and Stats. November 2000.)

Section 1209. Previous Charter Provisions Continued. Section 91(e) added by Stats. Feb. 1959, Sections 97(f), 33(1) through 33(10), 92-½ through 96-3/4%, 100-½ through 104(c), 199(d), all the sections of Article XXVI and all the sections of Article XXVII, as the same appeared in the Charter immediately prior to the adoption of this section, are by this reference hereby continued in full force and effect, and ratified, by the adoption of this section as if the same were herein printed and set forth in full. Said sections shall be printed in the appendix to this revised Charter and shall be renumbered therein as sections of said appendix. All sections and articles of the said Charter, as the same existed immediately prior to the adoption of this section, other than the hereinabove specified sections and articles thereof which are ratified and continued in full force and effect by the adoption of this section, are hereby repealed by the adoption of this section.

(Amended by: Stats. November 1988.)

Section 1210. Construction and Separability. If any provision of this Charter or the application thereof to any person or circumstance is held invalid, the remainder of this Charter and the application of such provisions to other persons or circumstances shall not be affected thereby.

(Amended by: Stats. November 1988.)

Section 1211. Effective Date. This charter shall take effect upon the filing with the Secretary of State of the concurrent resolution of its approval by the State Legislature.

(Amended by: Stats. November 1988.)

Section 1212. Gender References. All gender references in this Charter shall be considered neutral in form and context. "Surviving spouse" includes positions formerly designated as "widow" or "widower" in the Charter, "Firefighter" includes positions formerly designated as "fireman" or "firemen" in the Charter. "Officer" and "member" of the Police Department includes positions formerly designated as "matron," "substitute matron," and "police woman" in the Charter. Gender specific pronouns such as "he," "him," "his," "she," and "her" have been replaced with gender-neutral pronouns such as "they," "them," and

"their." These gender neutral pronouns are used as both singular and plural pronouns, e.g., "the police chief completed their work expeditiously."

Note: Gender specific references were not replaced with gender-neutral terminology where gender is used to determine calculations of benefits based on mortality tables, or when the Charter references the title of an obsolete Article that contains gender specific language.

(Amended by: Stats. November 1988.)

(Res. No. 89280, 6-21-2022)

Section 1213. (Repealed by: Stats. March 2004)

APPENDIX TO THE CHARTER OF THE CITY OF OAKLAND

ARTICLE XIII Added By: Stats. November 1996 KIDS FIRST! OAKLAND CHILDREN'S FUND[1]

Fund Revenue

Section 1300. Notwithstanding any other provision of law, effective July 1, 2009 and continuing through June 30, 2033, the KIDS First! The Oakland Fund for Children and Youth ("Fund") shall receive revenues in an amount equal to three percent (3.0%) of the City of Oakland's annual actual unrestricted General Purpose Fund (Fund 1010) revenues and appropriated as specified in this Act each year, together with any interest earned on the Fund and any amounts unspent or uncommitted by the Fund at the end of any fiscal year. The actual funds deposited in the Fund pursuant to this Act shall only come from actual unrestricted General Purpose Fund (Fund 1010) revenues of the City of Oakland. For purposes of this Act, Fund shall mean the fund established pursuant to Measure K which was approved by the voters of Oakland in 1996 and which shall continue in existence.

The annual amount of actual unrestricted General Purpose Fund (Fund 1010) revenues shall be estimated by the City Administrator and verified by the City Auditor. Errors in calculation for a fiscal year shall be corrected by an adjustment in the set aside depending upon whether the actual, unrestricted General Purpose Fund (Fund 1010) revenues are greater or less than the estimate. Actual unrestricted General Purpose Fund (Fund 1010) revenues shall not include funds granted to the City by private agencies or by other public agencies and accepted and appropriated by the City.

No less than 90% of the monies in the Fund shall be used to pay for eligible services for children and youth. No more than 10% of the monies in the Fund may be used for independent third-party evaluation, strategic planning, grant-making, grants management, training and technical assistance, and communications and outreach to ensure effective public participation.

(Amended by: Stats. March 2020.)

Eligible Services

Section 1301. Monies in the Fund shall be used exclusively to:

support the healthy development of young children through pre-school education, school-readiness programs, physical and behavioral health services, parent education, and case management;

help children and youth succeed in school and graduate high school through after-school academic support and college readiness programs, arts, music, sports, outdoor education, internships, work experience, parent education, and leadership development, including civic engagement, service-learning, and arts expression;

prevent and reduce violence, crime, and gang involvement among children and youth through case management, physical and behavioral health services, internships, work experience, outdoor education, and leadership development, including civic engagement, service-learning, and arts expression;

help youth transition to productive adulthood through case management, physical and behavioral health services, hard-skills training and job placement in high-demand industries, internships, work experience, and leadership development, including civic engagement, service-learning, and arts expression.

Excluded Services

Section 1302. Monies in the Fund shall not be appropriated or expended for:

any service which merely benefits children and youth incidentally;

acquisition of any capital item or real property not for primary and direct use by children and youth;

maintenance, utilities or any similar operating cost of any facility not used primarily and directly by children and youth;

any service for which a fixed or minimum level of expenditure is mandated by state or federal law, to the extent of the fixed or minimum level of expenditure.

Strategic Investment Plan

Section 1303. Appropriations from the Fund shall be made pursuant to a Three-Year Strategic Investment Plan, with the first Plan beginning July 1, 2010.

Grants made by the Fund for fiscal year 2008-2009 shall be carried forward to fiscal year 2009-2010 subject to modifications recommended by the Planning & Oversight Committee, pursuant to performance review, and adjusted as needed to conform with the actual amount of the set-aside in fiscal year 2009-2010 based on the 3.0% of actual unrestricted General Purpose Fund (Fund 1010) formula set forth in this Act.

Each Three-Year Strategic Investment Plan shall be developed with the involvement of young people, parents, and service providers throughout the city, and the Oakland Unified School District, the County of Alameda, and the City of Oakland. Each Three-Year Strategic Investment Plan shall take into consideration the results and findings of the independent third-party evaluation.

Each Three-Year Strategic Investment Plan shall:

identify current service needs and gaps relative to addressing this measure's four outcome goals:

a.

support the healthy development of young children;

b.

help children and youth succeed in school and graduate high school;

c.

prevent and reduce violence, crime, and gang involvement among young people;

d.

prepare young people for healthy and productive adulthood.

describe specific three-year program initiatives that address the needs and gaps relative to each outcome goal, including:

a.

target population

b.

performance and impact objectives

c.

intervention strategy

d.

evaluation plan

e.

funding allocations

describe how each three-year program initiative is aligned and coordinated with other public and private resources to achieve maximum service performance and youth impacts.

Each Three-Year Strategic Investment Plan shall be evaluated for its service performance and youth impact results by an independent third-party evaluator.

Open and Fair Application Process

Section 1304. All monies in the Fund shall be appropriated, pursuant to a Three-Year Strategic Investment Plan, to private non-profit and public agencies through an open and fair application process.

Planning & Oversight Committee

Section 1305. The Children's Fund Planning and Oversight Committee ("Planning and Oversight Committee") established pursuant to Measure K which was approved by the voters of Oakland in 1996 shall continue to operate. Each City Councilmember shall appoint two Oakland residents, one of whom shall be a resident not older than 21 years, to serve as members of the Planning & Oversight Committee. The appointees shall demonstrate a strong interest in children and youth issues; and possess sound knowledge of, and expertise in, children and youth policy development and program implementation. Effective July 1, 2009, the Mayor shall only be permitted to appoint one (1) Oakland resident and shall therefore remove two of the Mayor's previous appointments no later than June 30, 2009.

The Planning & Oversight Committee shall be responsible for:

preparing Three-Year Strategic Investment Plans;

soliciting funding applications from private non-profit and public agencies through an open and fair application process;

submitting to the Oakland City Council for its adoption Three-Year Strategic Investment Plans and funding recommendations;

submitting to the Oakland City Council for its adoption annual independent evaluation reports;

receiving City Auditor annual reports on the Fund's Financial Statement and the Base Spending Requirement.

(Res. No. 89280, 6-21-2022)

Base Spending Requirement

Section 1306. The City of Oakland shall not reduce the amount of expenditures for eligible services in any fiscal year paid from sources other than the Fund below the Base Spending Requirement.

The Base Spending Requirement is the amount required based on the application of the base year percentage to the total audited actual City unrestricted General Purpose Fund (Fund 1010) expenditures in a fiscal year.

The Base Year Percentage is defined as the ratio of actual unrestricted General Purpose Fund (Fund 1010) appropriations for eligible services for children and youth paid from sources other than the Fund to total City actual unrestricted General Purpose Fund (Fund 1010) appropriations in fiscal year 1995-1996.

If the City Auditor finds that in any fiscal year the amount of funds expended for eligible services is less than the Base Percentage Requirement, the City of Oakland shall increase expenditures for eligible services within the following two years so that the correct amount of funds is expended.

Monies from the Fund shall not be appropriated for services that substitute for or replace services included in the City Auditor's Base Spending Requirement, except to the extent that the City of Oakland ceases to receive federal, state, county, or private foundation funds that the funding agency required to be spent only on those services.

Within 180 days following the completion of each fiscal year's external audit through 2032—2033 the City Auditor shall calculate and publish the actual amount of City of Oakland spending for children and youth services (exclusive of expenditures mandated by state or federal law).

(Amended by: Stats. March 2020.)

Reauthorization

Section 1307. This section may be extended for an additional twelve years beginning July 1 2021 by a simple majority vote of the City Council. If the City Council does not itself extend this section, then the City Council shall place the question of whether to extend this section on the November 2020 ballot for a vote of the electorate. This process will be repeated every twelve years or until reauthorization is rejected by a vote of the electorate.

(Added by: Stats. November 1996: Amended by: Stats. March 2004 and November 2008)

Editor's note— Pursuant to Section 1307 of the Charter of the City of Oakland (the "Charter"), the provisions of Article XIII of the Charter are extended for twelve (12) years, beginning July 1, 2021 and continuing through June 30, 2033. Pursuant to this extension and Section 1306 of the Charter, within one-

hundred and eighty (180) days following the completion of each fiscal year's external audit through 2032- 2033, the City Auditor shall calculate and publish the actual amount of City of Oakland spending for children and youth services (exclusive of expenditures mandated by state or federal law).