§ 2-3

The office of City Manager for the City is hereby established. (§ 1(a), Ord. 730, eff. July 5, 1944)

(a) Qualifications. The City Manager shall be appointed by the Council solely on the basis of his executive and administrative qualifications. (b) Term. He shall hold office during the pleasure of the Council. (§ 1(a), Ord. 730, eff. July 5, 1944)

No person elected to membership on the Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed following the expiration of the last term for which he was elected. (§ 1(a), Ord. 730, eff. July 5, 1944)

During the absence or disability of the City Manager, the Council may designate some properly qualified person to perform the duties of the office of City Manager. (§ 1(b), Ord. 730, eff. July 5, 1944)

Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager. (§ 3, Ord. 730, eff. July 5, 1944)

The City Manager shall receive such salary as the Council shall from time to time determine and fix by resolution or motion. (§ 4, Ord. 730, eff. July 5, 1944)

The City Manager shall be the administrative head of the City government, under the direction and control of the Council, except as otherwise provided by law. He shall be responsible to the Council for the efficient administration of all the affairs of the City which are under his control and shall devote his entire time to the duties and interests of the City. In addition to the City Manager's general powers as administrative head, and not as a limitation thereon, it shall be his duty, and he shall have the power: (a) Law enforcement. To see that all laws and regulations are duly enforced; (b) Administrative control of departments and employees. (1) To employ, discipline, or remove all heads of departments and all subordinate officers and employees of the City, to transfer employees from one department to another, and to consolidate or combine offices, positions, departments, or units under his jurisdiction with the approval of the Council in each instance; provided, however, the provisions of this subsection shall not apply to the City Clerk, City Attorney, or City Treasurer; and (2) To exercise control over all departments and divisions of the City government and over all appointive officers and employees thereof, subject to the approval of the Council, except as provided in this section;

(c) Attendance at Council and committee meetings. To attend all meetings of the Council and its committees unless excused therefrom by the Council or the committee and except when his removal is under consideration by the Council; (d) Legislature recommendations. To recommend to the Council for adoption such measures and ordinances as he deems necessary or expedient; (e) Financial reports. To keep the Council at all times advised as to the financial conditions and needs of the City; (f) Budgets. To prepare and submit to the Council the annual budget; (g) Salary plans. To prepare and recommend to the Council a salary plan; (h) Purchase of supplies. To purchase all supplies for all the departments or divisions of the City, and no expenditures shall be submitted or recommended to the Council except upon the report or approval of the City Manager; (i) Investigations. (1) To make investigations into the affairs of the City, or any department or division thereof, or any contract or the proper performance of any obligation running to the City; and (2) To investigate all complaints in relation to all matters concerning the administration of the government of the City and in regard to the service maintained by public utilities in the City and to see that all franchises, permits, and privileges granted by the City are faithfully observed; (j) Supervision of public property. To exercise general supervision over all public buildings, public parks and streets, and other public property which are under the control and jurisdiction of the Council; (k) Supervision of public works. To superintend the construction of all public works within the City; (l) Departmental organization plans. To prepare and submit to the Council an organization chart showing the organization plan for all departments of the City government; (m) Issuance of licenses and permits. To issue on behalf of the Council all licenses and permits not otherwise provided for by law; and (n) Council instructions. To perform such other duties and exercise such other powers as may be delegated by ordinance or motion of the Council. (§ 2, Ord. 730, eff. July 5, 1944, as amended by § 1, Ord. 1461, eff. April 5, 1962)

Article 2. Police Department

There shall be a Police Department for the City under the administrative supervision of the City Manager. (§ 1, Ord. 1462, eff. April 5, 1962)

The Police Department shall consist of the following: (a) The Police Chief; (b) Captains; (c) Lieutenants; (d) Sergeants; (e) Detectives; (f) Corporals; (g) Officers;

(h) Reserve Officers; (i) Non-Sworn Personnel; and (j) Volunteer civilian staff that may be required. (§ 2, Ord. 1462, eff. April 5, 1962)

(a) Suspension and removal: Reports by Police Chief. Whenever the Police Chief shall find it necessary to suspend or remove any member of the Police Department, the Police Chief shall at once report the same to the City Manager and the cause therefor. (b) Hearings: Requests. Within five (5) days after the member has exhausted the appropriate administrative appeal process, the member so suspended or removed may make demand in writing for a hearing before the City Council. (c) Hearings: Council trial board. The Council is hereby constituted a trial board for the purpose of hearing, determining, and trying charges made against members or officers of the Police Department and for the violation of any and all rules and regulations governing such members or officers. (d) Hearings; Council trial board decisions. If such trial board, upon investigation, finds the accused guilty, the trial board may confirm the action of the Police Chief in removing or suspending such accused person or inflict such other punishment as, in its judgment, is adequate and fair. In all cases the decisions of the Council shall be final. (§ 5, Ord. 1462, eff. April 5, 1962)

(a) Police Chief. The Police Chief shall be appointed by the City Manager for an indefinite term, subject to confirmation by the Council. (b) Captains and other officers. Captains and other officers of the Police Department shall be appointed by the Police Chief, subject to the approval of the City Manager, for an indefinite term, and in the appointment of such officers, their ability and service records shall be considered. (§ 4, Ord. 1462, eff. April 5, 1962)

Appointments of new men/women into the Police Department shall be made with the object of improving the operation and the general efficiency of the manpower. In the selection of men/women consideration shall be given to the following rules: (a) Age requirements. The age of applicants shall not be less than twenty-one (21) years at the time of appointment. (b) Mental and physical requirements. All applicants shall pass a physical examination. Such applicants shall also pass a psychological examination to determine their fitness for police service. Such examinations shall be given under the direction of the Police Chief and Personnel Officer. (§ 4, Ord. 1462, eff. April 5, 1962)

All new officers shall serve for a probationary period of one year before permanent appointment in the Police Department. During such probationary period, the officers shall be under the observation of the Police Chief with the

view of deciding whether or not the applicants will be successful police officers. Once appointed, officers shall be secure in their positions during good behavior and proper performance of their duties as police officers. (§ 4(d), Ord. 1462, eff. April 5, 1962)

An eligibility list shall be provided, which list shall contain the names of applicants who have passed the examination and from which list may be selected new members when needed. (§ 4(e), Ord. 1462, eff. April 5, 1962)

The City Manager may make emergency appointments of special police officers, temporary appointments, and permanent part-time appointments of police officers, age requirements may be waived under special circumstances. (§ 4(f), Ord. 1462, eff. April 5, 1962)

The Police Chief shall be the chief executive officer of the Police Department and shall be vested with the following authorities and duties: (a) Supervision of Department personnel: To have direct control, management, and direction of all sworn and non- sworn personnel of the Police Department and to detail any of them to such public service as he may see fit, looking to the best interests and efficiency of the Department; (b) Enforcement of Department regulations: To carry out strictly the enforcement of the rules and regulations of the Police Department and to suspend or remove from service any sworn or non-sworn department member for cause in the manner provided in such regulations; (c) Enforcement of laws: To generally see that the laws of the City and the State are enforced; (d) Investigation of complaints: To investigate all complaints of violations of the laws of the City and the State; and (e) Annual reports: To make a complete annual report in writing concerning the Police Department in general, giving a description of the condition of the Department, making such suggestions and recommendations for major improvements as he may deem advisable, and report on the activities of the Police Department during the year. (§§ 1 and 3, Ord. 1462, eff. April 5, 1962)

(a) Deputy Police Chief. (i) The Deputy Police Chief shall rank next to the Police Chief and shall have similar qualifications. The Deputy Police Chief shall take complete charge of the Police Department in the absence of the Police Chief and shall be vested with the same authorities and duties while so acting. (ii) Arrangements shall be made so that the Deputy Police Chief will always be present in the absence of the Police Chief. In the presence of the Police Chief, it shall be the duties of the Deputy Police Chief to aid the Police Chief in every possible manner to maintain discipline and insure the efficient operation of the Police Department. (b) Captains. (i) Captains shall rank next to the Deputy Police Chief and shall have similar qualifications. A Captain shall take complete charge of the Police Department in the absence of the Police Chief and the Deputy Police Chief and shall be

vested with the same authorities and duties while so acting. (ii) Arrangements shall be made so that a Captain will always be present in the absence of the Police Chief and the Deputy Police Chief. In the presence of the Police Chief and the Deputy Police Chief, it shall be the duties of a Captain to aid the Police Chief and the Deputy Police Chief in every possible manner to maintain discipline and insure the efficient operation of the Police Department. (§ 3, Ord. 1462, eff. April 5, 1962 as amended by § 2, Ord. 3238, eff. January 19, 2023)

(a) The Police Chief may appoint specified nonsworn employees of the Police Department to enforce the registration, insurance, license and mechanical requirements of the Vehicle Code. A person so appointed shall have the authority and duty to enforce the registration, insurance, license and mechanical requirements of the Vehicle Code. (b) A person appointed pursuant to subsection (a) of this section is authorized, pursuant to Cal. Penal Code §§ 19.7 and 836.5, and by this section, to arrest a person without a warrant whenever a person so appointed has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in the presence of the person so appointed which is a violation of the registration, license or mechanical requirements of the California Vehicle Code. (c) The arrest procedure shall be as set forth in Cal. Veh. Code § 40610. (d) A person appointed pursuant to subsection (a) of this section shall not carry or use firearms in the performance of his or her duties. (§ 1, Ord. 2560, eff. December 16, 1993)

Article 3. Fire Department

There shall be a Fire Department for the City under the administrative supervision of the City Manager. (§ 1, Ord. 1463, eff. April 5, 1962)

The Fire Department shall consist of the following: (a) The Fire Chief; (b) The Deputy Chiefs; and (c) As many other officers and firefighters as may be appointed as provided in this article. (§ 2, Ord. 1463, eff. April 5, 1962)

(Repealed). (§ 9, Ord. 1463, eff. April 5, 1962, repealed)

Suspension and removal: Reports by Fire Chief. Whenever the Fire Chief shall find it necessary to suspend or remove any member of the Fire Department, the Fire Chief shall at once report the same to the City Manager and the

cause therefor. (§ 10, Ord. 1463, eff. April 5, 1962)

(a) Fire Chief. The Fire Chief shall be appointed by the City Manager for an indefinite term, subject to confirmation by the Council, and shall be removed for cause after a proper hearing or in accordance with the applicable provisions in the Employment Agreement. (b) Deputy Chiefs and other officers. The Deputy Chiefs, Battalion Supervisors and company officers shall be appointed by the Fire Chief, subject to the approval of the City Manager, for an indefinite term, and in the appointment of such officers, their seniority, ability, and service records shall be considered. (§ 6, Ord. 1463, eff. April 5, 1962 as amended by § 1, Ord. 1564, eff. June 18, 1964)

Appointments of new firefighters into the Department shall be made with the object of improving the operation, efficiency, and general excellence of the manpower. In the selection of firefighters, consideration shall be given to the following rules: (a) Age requirements. The age of applicants shall not be less than eighteen (18) years. (b) Mental and physical requirements. All applicants shall pass a physical examination which shall not be inferior to the physical examination given by the United States Army for recruits. Such applicants shall also pass a mental and physical examination to determine their qualifications. Such examination shall be given under the supervision of the Fire Chief. (§ 6, Ord. 1463, eff. April 5, 1962 as amended by § 1, Ord. 1564, eff. June 18, 1964)

All new firefighters shall serve for a probationary period of one (1) year before permanent appointment in the Fire Department. During such probationary period, the firefighters shall be under the observation of the Fire Chief with a view of deciding whether or not the applicants will be successful firefighters. Once appointed, appointees shall be secure in their positions during good behavior and proper performance of their duties as firefighters. (§ 6(d), Ord. 1463, eff. April 5, 1962)

An eligibility list shall be provided, which list shall contain the names of applicants who have passed the examination and from which list may be selected new members for the Fire Department when needed. (§ 6(e), Ord. 1463, eff. April 5, 1962)

The City Manager may make emergency appointments of special firefighters without regard to age. (§ 6(f), Ord. 1463, eff. April 5, 1962)

The Fire Chief shall be the chief executive officer of the Fire Department and shall be vested with the following authorities and duties: (a) Supervision of Department personnel. To have direct control, management, and direction of all officers and personnel of the Fire Department and to detail any of them to such public service as he/she may see fit, looking to the best interests and efficiency of the Department; (b) Supervision at fires. To exercise supreme command over the Fire Department at fires and over all equipment belonging to the Department, to cause to be extinguished all fires with the least possible danger to life and property and prevent unnecessary damage by water at fires, and to see that the premises on which fires occur are left in such condition that the fires will not rekindle and cause further damage to life and property; (c) Investigation of fires. To make a complete investigation of each fire, keeping a record of, and determining the cause of, the fire, the amount of loss to buildings and contents, the amount of insurance coverage and insurance paid, and the number and description of each building destroyed, together with the names of the owners and occupants; (d) Enforcement of Department regulations. To carry out strictly the enforcement of the rules and regulations of the Fire Department and suspend or remove from service any officer or fire employee for cause in the manner provided in such regulations; (e) Monthly reports. To observe the general condition of the Fire Department and apparatus and make a monthly report to the City Manager concerning the same, together with a complete report of the activities of the Department; and (f) Annual reports. To make a complete annual report concerning the Fire Department in general, giving a description of the condition of the Department, making such suggestions and recommendations for major improvements as he/she may deem advisable, and reporting on the activities of the Fire Department during the year. (§§ 1 and 3, Ord. 1463, eff. April 5, 1962)

(a) The Deputy Fire Chiefs shall rank next to the Fire Chief and shall have similar qualifications. The Deputy Fire Chiefs shall take complete charge in the absence of the Fire Chief and be vested with the same authorities and duties while so acting. (b) Arrangements shall be made so that a Deputy Fire Chief will always be present in the absence of the Fire Chief. In the presence of the Fire Chief, it shall be the duties of the Deputy Fire Chiefs to aid the Fire Chief in every possible manner to maintain strict discipline and ensure the efficient operation of the Department. (§ 4, Ord. 1463, eff. April 5, 1962)

A company officer shall be provided for each company in the Fire Department. Such officers shall, under the direction of the Fire Chief, have absolute command and control of their respective companies and shall be held responsible for discipline and the proper maintenance and condition of equipment. (§ 5, Ord. 1463, eff. April 5, 1962)

A fire school is hereby established which shall be conducted by the Fire Chief in cooperation with the drillmaster. Such school shall consist of a study of modern and generally well-recognized methods of fire extinguishment, a plan

for drills to be carried on during the month, and examinations testing firefighters on general knowledge attained at the fire school. (§ 7, Ord. 1463, eff. April 5, 1962)

(a) The Fire Department shall be drilled and maintained to the end that fires shall be controlled immediately at their start to the extent possible. Drills shall be in charge of a competent officer or firefighter who shall be responsible for the proper training and drilling of firefighters and the standardization of methods. (b) Strict discipline shall at all times be maintained for the purpose of contributing as a necessary factor to the smoothness of operation and efficiency of the Department. (c) Training drills shall be held frequently at the order of the Fire Chief, or any person who may be so designated to call for training drills. (§ 8, Ord. 1463, eff. April 5, 1962)

(a) Inspections required. The Fire Chief, or any member of the Fire Department the Fire Chief may so designate, is hereby authorized, empowered, and required to inspect from time to time, but not less frequently than once-a-year, all buildings and premises where accumulations of combustible materials or other hazardous conditions are likely to exist, and to order such changes or removals as, in his/her opinion, are necessary for safety from fire, principally in business and industrial sections. (b) Right of entry. For the purpose of such inspections, the Fire Chief and such designated members are hereby empowered to enter any and all buildings and premises at any reasonable hour. (§ 7, Ord. 1463, eff. April 5, 1962)

Article 4. Director of Finance

The office of Executive Director of Finance is hereby established. (§ 1, Ord. 1638, eff. October 20, 1966 as amended by § 2, Ord. 3096, eff. May 31, 2018)

The Executive Director of Finance shall be appointed by the City Manager, subject to ratification by the Council. (§ 1, Ord. 1638, eff. October 20, 1966 as amended by § 2, Ord. 3096, eff. May 31, 2018)

(a) Supervision of Financial Services Agency. The Executive Director of Finance shall direct the Financial Services Agency and perform related work as required. The Financial Services Agency shall include the following services: (1) Accounting; (2) Budgeting; (3) Purchasing and stores; (4) Central billing;

(5) Licensing; and (6) Other related central services. (b) Transfer from City Clerk. The Executive Director of Finance shall exercise all the powers and be subject to all the duties granted to and imposed upon the City Clerk by the provisions of Article 1 of Chapter 4 of Part 2 of Division 3 of Title 4 of the Government Code of the State (commencing with Cal. Gov't Code § 37200) and Cal. Gov't Code §§ 40802 through 40805. The City Clerk shall be relieved of all of such duties upon the appointment of the Executive Director of Finance. (§§ 2 through 4, Ord. 1638, eff. October 20, 1966 as amended by § 2, Ord. 3096, eff. May 31, 2018)

Article 5. Salaries of City Clerk and City Treasurer

(a) City Clerk. The salary of the City Clerk shall be fixed from time to time by resolution of the City Council. (b) Deputies. The salary of any deputy of the City Clerk may be fixed by the Council at its pleasure. (§ 1, Ord. 1531, eff. September 19, 1963 as amended by § 1, Ord. 2095, eff. September 4, 1980, § 1, Ord. 2129, eff. May 21, 1981, § 3, Ord. 2720, eff. August 17, 2000)

(a) City Treasurer. The salary of the City Treasurer shall be fixed from time to time by resolution of the City Council. (b) Deputies. The salary of any deputy of the City Treasurer may be fixed by the Council at its pleasure. (§ 2, Ord. 1531, eff. September 19, 1963, as amended by § 2, Ord. 2095, eff. September 4, 1980, § 2, Ord. 2129, eff. May 21, 1981, § 1, Ord. 2390, eff. July 10, 1987)

In addition to the salaries set forth in this article, the City Clerk and the City Treasurer shall be entitled to all benefits of any group life and health insurance provided by the City, and the premium therefor shall be paid by the City in the same manner as the premiums for other City employees. (§ 3, Ord. 1531, eff. September 19, 1963)

(Repealed). (§ 4, Ord. 1531, eff. September 19, 1963, repealed by § 2, Ord. 2390, eff. July 10, 1987)

Article 6. Bonds

For the purposes of this article, the term and title “City Manager” shall also include the office, responsibility, and accountability of Purchasing Agent. (§ 2, Ord. 1393, eff. March 31, 1960)

The officers and employees of the City enumerated in this section shall be bonded in the amounts set forth in subsections (a) and (b) of this section. Such bonding shall be conditioned on the faithful performance of their duties by such officers and employees. (a) Separate bonds. The officers and/or employees enumerated in this subsection shall each be bonded by separate position bonds in the amount of Two Hundred Thousand Dollars ($200,000.00): (1) City Treasurer. (b) Blanket bond. The officers and/or employees enumerated in this subsection shall be incorporated in one (1) blanket position bond in the amount of Two Hundred Thousand Dollars ($200.000.00): (1) City Manager; (2) Assistant City Manager; (3) Administrative Services Director (finance); (4) City Engineer; (5) City Clerk; (6) Deputy City Treasurers; (7) Revenue Manager; and (8) All other employees. (§ 1, Ord. 1393, eff. March 31, 1960, as amended by § 1, Ord. 2315, eff. August 1, 1985)

Article 7. Office Hours, Holidays, and Records

The offices of all City employees shall be maintained at designated City-owned and operated facilities within the established boundaries of the City; and all books, documents, papers and effects of current operational value shall be kept therein. Semi-active and inactive records may be maintained at a central facility designated for such purpose in accordance with the provisions of Cal. Gov't Code § 34090 and/or until such time as they are no longer needed as determined by Retention Schedules approved and adopted by Resolution of the City Council.

City Hall offices shall remain open Monday through Thursday from 7:30 a.m. to 5:30 p.m., and on Friday from 8:00 a.m. to 5:00 p.m. except for legal holidays as specified in the Personnel Rules and Regulations of the City. All other City agencies shall maintain office hours as posted and approved by the City Manager.

The following days shall be legal holidays for the City: (a) New Year’s Day (January 1st); (b) Martin Luther King’s Birthday (3rd Monday in January); (c) President's Day (3rd Monday in February); (d) Memorial Day (Last Monday in May); (e) Independence Day (July 4th); (f) Labor Day (1st Monday in September);

(g) Columbus Day (2nd Monday in October); (h) Veteran’s Day (November 11th); (i) Thanksgiving Day (4th Thursday in November); (j) Day after Thanksgiving Day (4th Friday in November); (k) Christmas Eve (December 24th); (l) Christmas Day (December 25th); (m) New Year’s Eve (December 31st). On such dates all offices in the City Hall shall be closed. (§§ 1 and 2, Ord. 1657, eff. August 17, 1967, as amended by § 1, Ord. 2847, eff. January 4, 2007)

It shall be the duty of every City official and employee receiving any moneys from the public by virtue of his office or employment, for or on behalf of the City, to render an account thereof to the Council on the last day of each month and to pay such moneys to the City Cashier and take a receipt therefor. (§ 5, Ord. 1020, eff. September 1, 1954)

Article 8. Training of Law Enforcement Officers

The City hereby declares that it desires to qualify to receive aid from the State pursuant to the provisions of Chapter 1 of Title 4 of Part 4 of the Penal Code of the State (commencing with Cal. Penal Code § 13500). (§ 1, Ord. 1419, eff. February 2, 1961)

Pursuant to the provisions of Cal. Penal Code § 13522, the City, when receiving aid from the State pursuant to said Chapter 1, shall adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training. (§ 2, Ord. 1419, eff. February 2, 1961)

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) “Chief of Police” and “Police Department” shall mean the Police Chief and the Police Department, respectively, of the City of Ontario, California. (b) “POST” or “P.O.S.T.” shall mean the Peace Officer Standards and Training. (§ 1, Ord. 2445, eff. May 4, 1989)

The intent of this section is to express the desire of the City to participate in the POST Public Safety Dispatcher Program as outlined in the current pertinent POST Bulletin 88-7. (§ 1, Ord. 2445, eff. May 4, 1989)

The City shall adhere to the selection and training requirements of the Peace Officers Standards and Training Commission. (§ 1, Ord. 2445, eff. May 4, 1989)

The City and the Police Department shall allow a representative of POST to make necessary inquiries from time to time to determine adherence to POST Commission regulations as they relate to Public Safety Dispatchers. (§ 1, Ord. 2445, eff. May 4, 1989)

Article 9. Distress Duties of Police Officers and Firefighters

In addition to the performance of their regular and ordinary duties, it shall be the duty of all police officers and firefighters at all times and under all circumstances, to go to the aid of all persons, animals, or property in immediate danger or distress in the City and render them such help and assistance as lies within the power of such police officers and firefighters. They shall also render such assistance outside the City upon the order of the Fire Chief or the Police Chief. (§ 1, Ord. 517, eff. May 6, 1931)

In the event any police officer or firefighter is injured or killed while rendering any of the additional services set forth in § 2-3.901 of this article, he/she shall be deemed to have been injured or killed in the course of his employment, and the provisions of the Workmen's Compensation, insurance, and safety laws of the State shall be applicable to all such cases. (§ 2, Ord. 517, eff. May 6, 1931)

Article 10. Recreation and Community Services Department

The Recreation and Community Services Department is hereby established for the City. (§ 4A, Ord. 1607, eff. June 17, 1965)

The functions of the Recreation and Community Services Department shall be as follows: (a) To provide opportunities for wholesome, year-round public recreation service for every age group; (b) To develop and maintain in an attractive and safe manner the recreation areas and facilities of the City; and (c) To insure that such facilities are suitable for a wide variety of recreation purposes. (§ 4B, Ord. 1607, eff. June 17, 1965)

(a) The Recreation Director shall function under the supervision of the City Manager. He shall attend meetings of the Recreation Commission, may serve as secretary to the Commission, and shall make such reports to the Commission or the Council as shall be required. (b) The Recreation Director shall: (1) Employ, under the direction of the City Manager, the required personnel, such as assistants, supervisors, leaders, and clerical employees, in conformity with the personnel rules and regulations of the City and supervise such personnel in the performance of their various duties; (2) Administer, operate, and maintain all parks and recreation areas and facilities, plan for the acquisition, development, and operation of proposed facilities in accordance with policies approved by the Council, and perform like duties in other designated areas, such as civic promotional activities and similar activities; (3) Inform the general public of the services and facilities provided by the Recreation and Community Services Department; (4) Cooperate, as directed by the Council, with governmental and voluntary organizations and agencies in the furtherance of recreation opportunities and approve the use of all recreation facilities by various organizations; (5) Prepare manuals, bulletins, and reviews on recreation problems and keep adequate records of participants in each activity, as well as spectator attendance; (6) Conduct studies of local conditions and needs for recreation services and assist with recruitment and training of department personnel; and (7) Prepare, in cooperation with the City Manager's office for the approval of the Council, a budget request for the operation and capital improvements for parks and for recreational programs and facilities. (§ 5, Ord. 1067, eff. June 17, 1965)

Article 11. City Clerk

The City Clerk shall have those legal responsibilities described in Cal. Gov't Code §§ 40800, et seq., as may be amended from time to time. Specifically, the City Clerk, or such deputies as may be appointed by the City Clerk, shall attend all meetings of the City Council, keep accurate records of City Council proceedings, retain custody of the City Seal, keep an ordinance and resolution book, and record all ordinances and resolutions in it with certifications attached. At the request of a member of the City Council, the City Clerk shall enter the ayes and noes into the book. (§ 1, Ord. 2720, eff. August 17, 2000)

The City Clerk may appoint deputies, for whose acts the City Clerk and his or her bondsperson are responsible. The deputies shall hold office at the pleasure of the City Clerk. If the City Clerk utilizes the personnel provided by the City as part of its Records Management Department, pursuant to § 2-3.1201, those deputies shall receive such compensation as is provided by the City Council. The City Clerk and his or her deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to City affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before the City Clerk or his or her deputies only within the City. (§ 1, Ord. 2720, eff. August 17, 2000)

(a) The City Clerk shall independently review all aspects of the City's municipal elections and, should the City Clerk have any concerns regarding the conduct of said municipal elections, immediately report the same to the City Council. (b) For the purposes of receipting and certifying nomination papers, canvassing the results of all municipal elections, signing and delivering certificates of election, and administering the oath to all elected municipal officers, the City Clerk shall act as the City's Election Officer. (§ 1, Ord. 2720, eff. August 17, 2000)

Article 12. Records Management Department

The Records Management Department of the City of Ontario is hereby established. All duties or tasks of the City Clerk not otherwise performed by the City Clerk as described in §§ 2-3.1101 and 2-3.1102 of this chapter shall be performed by the Records Management Department. The Records Management Department shall be administered by a manager and staff personnel, one or more of whom may be appointed deputies by the City Clerk as provided in § 2- 3.1102. The manager shall receive all administrative direction from and shall report directly to the City Manager. (§ 2, Ord. 2720, eff. August 17, 2000)

The Records Management Department manager shall be responsible for and perform all functions necessary for the efficient operations and maintenance of the Records Management Department and those of the City Clerk, except for those mandatory duties performed by the City Clerk as stated in §§ 2-3.1101 and 2-3.1102. In addition, the manager of the Department of Records Management shall have the following functions: (a) Develop, plan, and implement the goals and objectives of the City Clerk, and to recommend and administer policies and procedures affecting the activities of the City Clerk. (b) Supervise and coordinate City elections, aid the public with county and school elections, train election staff, and order and maintain election supplies and equipment. (c) Coordinate activities of the City Clerk with those of other departments and outside agencies and organizations, provide staff assistance to the City Council and City Manager, and prepare and present staff reports and other necessary correspondence. (d) Direct, oversee and participate in the development of the work plan of the City Clerk; assign work activities, projects and programs; monitor work flow; prepare and maintain a procedures manual for the City Clerk; and review and evaluate work products, methods and procedures. (e) Supervise and participate in the development and administration of the elected officials, boards and commissions, and of the departmental budgets; direct the forecast for additional funds needed for staffing, equipment, materials and supplies; monitor and approve expenditures; and implement mid-year adjustments. (f) Select, train, motivate and evaluate personnel; provide and coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures. (g) Serve as Filing Officer for city appeals as designated by various sections of the Ontario Municipal Code. (h) Prepare and update the City's conflict of interest code, and serve as Filing Officer for the Fair Political Practices Commission.

(i) Receive and open all sealed bids and formally release bid bonds. (j) Receive, process and maintain claims, summonses and complaints; and notify claimants of any action on claims received. (k) Plan and direct the maintenance, updating and filing of official municipal documents and records, including maintaining an active continuing program for the economical and efficient management of these documents and records; direct the publication, filing, indexing and safekeeping of all proceedings of the city council; supervise codification of ordinances; and supervise the preparation of city council and commission minutes and other documents. (l) Supervise the publication of all legal advertising. (m) Assist the public and City staff by providing information and research assistance. (n) Certify documents and record affidavits with the county recorder. (o) Provide information and organize material in compliance with federal, state and local laws, regulations and policies. (p) Direct the retention and destruction of official records in accordance with applicable laws and regulations. (q) Communicate clearly and concisely, both orally and in writing. (r) Perform any other tasks or functions deemed necessary by the City Manager or the City Council to support the daily operations of the City. (§ 2, Ord. 2720, eff. August 17, 2000)

The Records Management Department manager shall establish and maintain an active continuing program for the economical and efficient management of the records of the City. Compliance with the regulations, standards and procedures issued by the Records Management Department shall be required of all City departments. A copy of the citywide records management manual shall be maintained in the Records Management Department. (§ 2, Ord. 2720, eff. August 17, 2000)

CHAPTER 4: CUSTODY AND USE OF OFFICIAL CITY SEAL AND CITY INSIGNIA

CHAPTER 4: CUSTODY AND USE OF OFFICIAL CITY SEAL AND CITY INSIGNIA

2-4.01 Purpose 2-4.02 Definitions 2-4.03 Official City seal established 2-4.04 Custodian of official City seal 2-4.05 Use of the City seal and City insignia 2-4.06 Unauthorized use of the official City seal or City insignia is prohibited 2-4.07 Penalties