Oakland Municipal Code Art. IV City Officers

Section 400. Designation as Officer.

In addition to the Councilmembers and the Mayor, the officers of the City shall be the City Administrator, the City Attorney, the City Clerk, the City Auditor, and such department heads, members of boards or commissions and executive officers of such boards and commissions as may be so designated by ordinance. The City Administrator may be hired by contract, for a term not to exceed four (4) years, but no such contract shall prevent the Mayor from removing the City Administrator from office at any time.

(Amended by: Stats. November 1988, November 1998 and March 2004.)

Section 401(1). City Attorney. The City Attorney shall be nominated and elected in the same manner and at the same election as the Councilmember-at-large. The salary of the elected City Attorney shall be set every two (2) years by the Public Ethics Commission to provide for competitive compensation and equitable alignment and, taking into account the top of the range for the highest paid professional employee in the Office of the City Attorney and salaries for other City department heads, and shall be comparable to the salaries of City Attorneys and other comparable positions, such as County Counsel or Port Attorney, in California cities, counties and agencies selected by the Commission. The City Attorney's salary may not be reduced during the City Attorney's term of office except as part of a general reduction of salaries of all officers and employees in the same amount or proportion.

(Amended by: Stats. November 1988, November 1998, March 2002 and March 2004.)

(Res. No. 90347, § 2, 7-9-2024; Res. No. 89317, 7-11-2022)

Section 401(2). Qualifications, the City Attorney. No person shall be eligible for or continue to hold the Office of City Attorney, either by election or appointment, unless they are a citizen of the United States, a qualified elector and resident for at least thirty (30) days of the City or a territory lawfully annexed or consolidated, licensed to practice law in all courts of the State of California and so licensed for at least ten (10) years preceding their election.

(Amend by: Stats. November 1988, November 1998 and March 2002.)

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

Section 401(3). Term of Office, the City Attorney. The City Attorney shall be elected to a term of four (4) years beginning at 11:00 a.m. on the Monday following January 1 following the City Attorney's election.

(Amended by: Stats. November 1988, November 1998 and March 2002.)

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

Section 401(4). Vacancy, Filling of. Upon the declaration of vacancy in the Office of the City Attorney, the Office of the City Attorney shall be filled by appointment by the majority vote of the members of the Council; provided, that if the Council shall fail to fill a vacancy by appointment within sixty (60) days after such office shall become vacant, the City Council shall cause an election to be held to fill such vacancy pursuant to the manner and method as provided for in Article II, Section 205 of the Charter. An appointee or the person elected to the Office of City Attorney for the balance of an unexpired term shall hold office until the next general election for the Office of the City Attorney.

(Amended by: Stats. November 1988, November 1998 and March 2002.)

Section 40l(5). Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council when the person elected or appointed thereto fails to qualify within ten (10) days after their term is to begin, dies, resigns, ceases to be a resident of the City or is absent continuously from the City for a period of more than thirty (30) days without permission from the Council, is absent from any ten (10) consecutive regular meetings except on account of own illness or when absent from the City by permission of the Council, is convicted of a felony, is judicially determined to be an incompetent, is permanently so disabled as to be unable to perform the duties of the office, forfeits the office under any provision of this Charter, or is removed from office by judicial procedure. A finding of disability shall require the affirmative vote of at least six (6) members of the Council after considering competent medical evidence bearing on the physical or mental capability of the City Attorney.

(Amended by: Stats. November 1988, November 1998 and March 2002.)

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

Section 401(6). Powers of the City Attorney. The City Attorney shall serve as counsel to the Mayor, City Council, and each and every department of the City, except departments specifically enumerated by this Charter as an independent department of the City, in their official capacities pursuant to state law and the Charter, and as counsel, shall assert and maintain the attorney-client privilege pursuant to state law. The City Attorney shall advise all officers, boards, commissions, and other agencies of the City on legal matters referred to the City Attorney and shall render written legal opinions when the same are requested in writing by the Mayor or a member of the Council or the City Administrator or any other officer, board or commission of the City. The City Attorney shall draft such ordinances, resolutions, contracts and other legal documents as directed by the Council or requested by the Mayor or City Administrator or any official board or commission of the City. The City Attorney shall act as Counsel in behalf of the City or any of its officers, boards, commissions, or other agencies in litigation involving any of them in their official capacity. The City Attorney may, whenever a cause of action exists in favor of the City, commence legal proceedings, subject to ratification by the City Council, when such action is within the knowledge of the City Attorney, or, the City Attorney shall commence legal proceedings when directed by the City Council. The City Attorney shall pass on the form and legality of all contracts of the City before the same are executed. The City Attorney shall not settle or dismiss any litigation brought for the City nor settle any litigation brought against the City which may be under the City Attorney's control unless upon the City Attorney's written recommendation the City Attorney is authorized to do so by the Council. The City Attorney shall administer the office of City Attorney, and shall have the power to appoint, discipline and remove all officers and employees of the office subject to the provisions of Article IX of the Charter. The Council may empower the City Attorney, at the City Attorney's request and without regard to the provisions of Article IX, to employ special legal counsel, and the City Attorney shall have the power to appoint appraisers, engineers and other technical and expert services necessary for the handling of any pending or proposed litigation, proceeding or other legal matter. Upon the City Attorneys recommendation and the approval of the Council, when the City Attorney has a conflict of interest in litigation involving another office of the City in the City Attorney's official capacity, such other officer may retain special legal counsel at City expense.

(Amended by: Stats. November 1988, November 1998, March 2002 and March 2004.)

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

Section 401(7). Endorsements, Campaigns, Campaign Contributions. During the City Attorney's tenure, the City Attorney shall not make or solicit contributions to, publicly endorse or urge the endorsement of or otherwise participate in a campaign for a candidate for City elective office, other than for the City Attorney, or of a City ballot measure, or be an officer, director or employee of or hold a policy decision-making position in an organization that makes political endorsements regarding candidates for City elective office.

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

Section 402. City Clerk.

The City Clerk shall be appointed or discharged by the City Administrator subject to confirmation by the Council. The City Clerk shall be the Clerk of the Council and keep an accurate public record of all ordinances, resolutions and motions, shall have custody of the official seal and all official records committed to the City Clerk's care, make affidavits and administer oaths without charge in matters affecting the business of the City, conduct elections, and perform the other duties of a City Clerk under general law where not inconsistent with this Charter or the ordinances of the City.

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

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

Section 403(1). City Auditor. The City Auditor shall be nominated and elected in the same manner, for the same term, and at the same election, as the Mayor. To be eligible for the office a person must be a qualified elector of the State of California, and shall be a resident of the City at the time of filing nomination papers and for thirty (30) days immediately preceding the date of filing, and shall be certified by the California State Board of Accountancy as a Certified Public Accountant or by the Institute of Internal Auditors as a Certified Internal Auditor, and shall have a minimum of three (3) years of public sector experience in auditing, policy analysis, performance evaluation, investigative oversight, and/or accountancy, or equivalent private sector experience. The salary of the City Auditor shall be set every two (2) years by the Public Ethics Commission, to provide for competitive compensation and equitable alignment and, taking into account the top of the range for the highest paid professional employee in the Office of the City Auditor and salaries for other City department heads, and shall be comparable to the salaries of public sector auditor positions in California cities and counties selected by the Commission. The City Auditor's salary may not be reduced during the City Auditor's term of office, except as a part of a general reduction of salaries for all officers and employees in the same amount or proportion.

(Amended by: Stats. November 1979, November 1996 and March 2004)

(Res. No. 90347, § 3, 7-9-2024; Res. No. 89317, 7-11-2022; Res. No. 89280, 6-21-2022)

Section 403(2). Vacancy, What Constitutes. The Office of City Auditor shall be declared vacant by the Council when the person elected or appointed thereto fails to qualify within ten (10) days after their term is to begin, dies, resigns, ceases to be a resident of the City or is absent from the City for a period of more than sixty (60) days without permission from the Council, is convicted of a felony, is judicially determined to be an incompetent, is permanently so disabled as to be unable to perform the duties of the office, forfeits the office under any provision of this Charter, or is removed from office by judicial procedure. A finding of disability shall require the affirmative vote of at least six (6) members of the Council after considering competent medical evidence bearing on the physical or mental capability of the City Auditor. Filing to run for the office of Mayor, Councilmember or City Attorney shall constitute a resignation from the office of City Auditor, effective on the date of filing.

(Res. No. 89317, 7-11-2022)

Section 403(3). Vacancy, Filling of. For all vacancies occurring in the Office of City Auditor the City Council shall cause an election to be held to fill such vacancy pursuant to the manner and method as provided for in Article II, Section 205 of the Charter.

(Res. No. 89317, 7-11-2022)

Section 403(4). Powers of the City Auditor. The City Auditor, notwithstanding any other provision of this Charter, shall have the power and it shall be the City Auditor's duty to audit the books, accounts, money and securities of all bureaus, departments, offices, agencies, including the Port Department, boards, commissions, and programs of the City, and such other matters as the Council may request; to report to the Council periodically the results of such audits and to advise and make recommendations to the City Administrator. The City Auditor shall report to the Council instances of noncompliance with accepted accounting principles where recommendations for compliance have not been implemented by the City Administrator after reasonable time and opportunity. The City Auditor shall conduct audits in accordance with Government Auditing Standards as issued by the U.S. Comptroller General.

The City Auditor shall conduct surveys, reviews, performance audits and financial audits as the Auditor deems to be in the best public interest or as requested by the Council or Mayor. For these purposes the public interest shall include, but not be limited to:

(1) Reviewing and appraising the soundness, adequacy and application of accounting, functional, and operating controls and reliability and timeliness of accounting and other data generated within the organization.

(2) Evaluating the City's internal controls to ensure that the City's assets and resources are reasonably safeguarded from fraud, waste, and mismanagement.

(3) Ascertaining compliance with Council's resolutions and policies and the Mayor's Administrative Instructions and Directives, as well as applicable State and Federal laws and regulations.

(4) Providing assistance to City Departments to enhance the effectiveness, efficiency and economy of their operations.

(5) Preparing an impartial financial analysis of all ballot measures, pursuant to the provisions of the Municipal Code.

(6) Preparing impartial financial analyses of proposed major expenditures prior to the approval of such expenditures. These analyses will be for informational purposes only and will include, but not be limited to, proposals, contracts, ventures, programs and construction projects. The proposed major expenditures selected for these financial analyses will be based on requests from Mayor/Council and/or deemed to be prudently advisable in the objective and professional judgment of the City Auditor.

(7) Responding to Council and Mayor requests for audits and reviews.

(8) Submitting, at a public meeting of the full City Council, a semi-annual report to the Council and public on the extent of implementation of recommendations for corrective actions made in the City Auditor's reports.

(9) Conducting periodic performance audits of each department as specified in the City budget in order to help improve government performance.

(10) Reviewing City departments, offices, agencies, boards, commissions, and bureaus to analyze if they are managing, safeguarding and using public resources, including public funds, personnel, property, equipment and space, economically, efficiently, equitably, and effectively.

(11) Analyzing City programs, activities, services, functions, or policies as to effectiveness and cost-effectiveness, including the identification of any causes of inefficiencies.

(12) Reviewing and recommending to the City Administrator management adjustments in operating and administrative procedures and practices, systems and accounting internal control systems and internal management controls.

(13) Analyzing allegations of fraud, waste, abuse or illegal acts that require further investigation to substantiate.

(14) Publishing an annual report summarizing recent audits and recommendations.

(15) Responding to requests from the City Administrator to provide recommendations on how to make City departments and services more effective and customer-service oriented.

(16) Preparing an annual workplan including planned audits for the year. The City Auditor shall publish such workplan in August of each year.

The City Auditor shall have access to inspect all records, property, equipment, and facilities within the City's jurisdiction.

Effective July 2023, the budget for the Office of the City Auditor shall be sufficient to hire at least fourteen full-time equivalent ("FTE") employees of relevant classifications. The minimum staffing budget set-aside may be suspended, for a fiscal year or a two-year budget cycle, upon a finding in the budget resolution that the City is facing an extreme fiscal necessity, as defined by City Council resolution or ordinance.

Restrictions on Running for Public Office. Filing for an elective office over which the City Auditor has audit jurisdiction will be the same as resignation, effective on the date of filing.

Endorsements, Campaigns, Campaign Contributions. During the City Auditor's tenure, the City Auditor shall not make or solicit contributions to, publicly endorse or urge the endorsement of or otherwise participate in a campaign for a candidate for City elective office, other than for the City Auditor, or of a City ballot measure, or be an officer, director or employee of or hold a policy decision-making position in an organization that makes political endorsements regarding candidates for City elective office.

The City Auditor shall be represented in all legal matters by the City Attorney except as provided otherwise in Section 401.

(Res. No. 89317, 7-11-2022)

Section 404. Board of Education.

(a) The Board of Education shall consist of ten District School Directors. Seven District School Directors shall be nominated and elected by the qualified electors of their respective districts for a term of four years. The elected District School Directors shall be elected at the times and in the manner in this Charter provided for members of the Council and shall be required to have the same qualifications. The elected School Directors' Districts shall have the same boundaries as the seven Council Districts. Three School District Directors shall be appointed by the Mayor for two-year terms commencing on May 1, 2000. The appointed Directors shall be residents of the City of Oakland and shall have the same powers and duties as elected Directors.

Effective May 1, 2004 (1) the office of appointed Director shall be abolished, (2) the Board of Education shall consist of seven District School Directors. elected in accordance with the provisions of this section 404, and (3) the provisions of this section pertaining to Mayoral appointment of Directors shall be null and void.

The provisions of the Education Code of the State of California shall apply as to matters not provided for in this Charter.

(b) Notwithstanding any other provisions of this section, the respective terms of office of the elected Directors of the Board of Education shall be as follows:

(1) Directors elected or appointed to serve terms beginning in 1985 shall serve in office until 11:00 a.m. on the Monday following January 1, in 1991.

(2) Directors elected or appointed to serve terms beginning in 1987 shall serve in office until 11:00 a.m. on the Monday following January 1, in 1993.

(3) At the 1990 General Municipal Election, District School Director seats in Districts 2, 4, and 6 shall be filled for 4-year terms.

(4) At the 1992 General Municipal Election, District School Director seats in Districts 1, 3, 5, and 7 shall be filled for 4-year terms thereafter.

Notwithstanding any other provisions of the Education or Elections Code or any other law:

(1) The three appointed Directors' qualifications shall be determined by the Mayor and may include, but shall not be limited to the following: (i) a Director who is an educator; (ii) a Director who is skilled in financial matters; and (iii) a Director who is a student or a recent graduate of the Oakland Unified School District; and

(2) Appointed Directors shall serve at the pleasure of the Mayor.

(Amended by: Stats. June 1988, November 1988 and March 2000)

(c) No District School Director of the Board of Education may interfere with the performance by the Superintendent of the District of those duties vested in or delegated to the Superintendent of the District by statute or by act of the Board of Education. Such interference specifically includes any attempt by a District School Director to order, coerce or influence, publicly or privately, any subordinate, official or employee of the District as to any matter within the authority of the Superintendent under statute or as conferred by the Board of Education through its policies, procedures, resolutions, or minutes of meetings. Such interference will constitute official misconduct.

(Added by: Stats. June 1990.)

(d) Violations of California Education Code section 7053 and 35230 and California Government Code section 1090 and 1126(a) will constitute official misconduct.

(Added by: Stats. June 1990.)

(e) Any District School Director who engages in official misconduct as defined in subsections (c) and (d) above may be removed from office, pursuant to Government Code section 3060, by an accusation presented by the Alameda County Grand Jury or as otherwise provided by law.

(Added by: Stats. June 1990.)

Section 405. Repealed by: Stats. November 2000.)