Article V — OFFICERS AND EMPLOYEES

500. Administrative Departments.

The city 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. Each new department created by the city council shall be headed by an officer as department head who shall be appointed and may be suspended or removed by the city manager.

All department heads, the city clerk, and the director of finance and treasurer shall be at-will employees, all of whom shall be appointed to serve at the pleasure of the city manager, and shall have no procedural hearing rights on termination, but shall be entitled to all vested compensation and benefits at the time of termination, provided, however, that nothing in this Charter shall change the status or rights of any existing officer or employee.

The city council, by ordinance or resolution, may assign additional functions or duties to offices, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the city council may combine in one person the powers and duties of two or more offices created or authorized by this Charter. No office provided in this Charter to be filled by appointment by the city manager may be consolidated with an office to be filled by direct appointment by the city council. The city council shall provide for the number, titles, qualifications, powers, duties and compensation of all officers and employees.

501. City Clerk, Powers and Duties.

There shall be a city clerk who shall be appointed by the city manager, and the city manager shall have the authority to discipline or dismiss the city clerk. The city clerk shall have power and shall be required to:

• (a) Attend in person or through authorized representative, all meetings of the city council and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the city council in books that shall bear appropriate titles and be devoted to such purpose.

• (b) Maintain records, in which shall be recorded respectively all ordinances, 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; and keep all books properly indexed and open to public inspection when not in actual use.

• (c) Have the responsibility for records management of official actions of the city council, including contracts, bonds, deeds, and other recorded instruments.

• (d) Be the custodian of the seal of the City.

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

• (f) Be ex-officio assessor, unless the city council has availed itself, or does in the future avail

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itself, of 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 city council by ordinance provides otherwise.

• (g) Serve as the election official of the City and have charge of all City elections.

• (h) Serve as the City's agent for service of process.

• (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the city council.

502. Director of Finance and Treasurer.

There shall be a director of finance and treasurer who shall be appointed by the city manager, and whose appointment, suspension or removal by the city manager shall be subject to the approval of the city council. The director of finance and treasurer shall be qualified by sufficient technical accounting training, skill, and experience to be proficient in the discharge of the responsibilities of the office. The director of finance and treasurer shall have power and shall be required to:

• (a) Serve as the chief fiscal officer of the City.

• (b) Have charge of the administration of the financial affairs of the City under the direction of the city manager, and to assist and advise the city council and city manager in all matters pertaining to City finances.

• (c) Compile annual expense and income estimates for the city manager.

• (d) Maintain a general accounting system for the City government and each of its offices, departments and agencies, and perform all financial and accounting duties.

• (e) 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 advice of the city attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges.

• (f) Submit to the city council through the city manager a periodic 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.

• (g) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies.

• (h) 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.

• (i) 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 or her hands in such depository as may be designated by resolution of the city council, or, if no such resolution be adopted, then in such depository designated in writing by the city

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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.

• (j) Perform such other duties consistent with this Charter as may be required by the city council.

503. Administering Oaths.

Each department head and his or her deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to his or her department.

504. Department Heads; Appointment Powers.

Each department head and appointive officer shall have the power to appoint, suspend or remove such deputies, assistants, subordinates and employees as are provided for by the city council for his or her department or office, subject to the provisions of this Charter and of any personnel system adopted hereunder. Any such appointment or removal by a department head appointed by the city manager shall be subject to approval of the city manager.

505. Official Bonds.

The city council shall fix by ordinance or resolution 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 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.

506. Compensation.

The city council shall determine, by ordinance, resolution, or contract the amount of compensation to be paid to all City officers, department heads, and employees.

507. Indemnification of Employees.

Upon request by any employee or former employee of the City named in any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her employment as an employee of the City, made in writing not less than ten (10) days before the trial of the action, and so long as the employee or former employee cooperates reasonably and in good faith in the defense of the claim or action, the City shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the City has agreed. Where the City conducts the defense of the claim or action pursuant to an agreement with the employee or former employee, reserving the City's rights not to pay the judgment, compromise, or settlement until it is established the injury arose out of act or omission occurring within the scope of his or her employment as a City employee, the City shall be required to pay the judgment, compromise, or settlement only if it is established the injury arose out of an act or omission occurring within the scope of his or her employment as a City employee. The City may indemnify any employee or former employee for any part of a claim or judgment that is for punitive or exemplary damages only upon a vote to do so by a majority of the membership of the

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city council.

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ARTICLE VI APPOINTIVE BOARDS AND COMMISSIONS

600. In General.

There shall be the following enumerated boards and commissions which shall have the powers and duties herein stated. In addition, the city council may create by ordinance or resolution such additional advisory boards or commissions as in its judgment are required, and may grant to them such powers and duties as are consistent with the provisions of this Charter.

601. Appropriations.

The city council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions. City council may, by ordinance or resolution, set reasonable fees and charges for defraying the costs of hearings or other administrative proceedings of the City's appointive boards and commissions.

602. Appointments; Terms.

The members of each City board or commission shall be appointed by motion of the city council, adopted by at least three (3) affirmative votes. Nominations for appointment to a City board or commission shall be made by the mayor or any other member of the city council at a public meeting. Each member shall be an elector of the City, unless otherwise provided by ordinance. Notice of the availability of a position for appointment shall be posted in three (3) public places at least ten (10) days before the appointment and the city council may, by resolution, adopt additional procedures to receive and consider applicants for City boards and commissions. No member of a City board or commission shall hold any paid office or employment in the City government. They shall serve at the pleasure of the city council, and shall be subject to removal by motion of the city council, adopted by at least three (3) affirmative votes. The members thereof shall serve for a term of four (4) years, unless the city council by ordinance or resolution establishes a different term, and until their respective successors are appointed and qualified. (Approved by voters 11-5-02)

603. Meetings; Chairmen.

As soon as practicable, following the first day of every fiscal year, each of such boards and commissions shall organize by electing one of its members to serve as chairman and by electing one of its members to serve as co-chairman at the pleasure of such board or commission. Unless otherwise provided by ordinance or in the rules of proceeding promulgated by the applicable board or commission, each board or commission shall hold regular meetings at least once each month, and may hold special meetings as such board or commission may require. All proceedings shall be open to the public, except for such closed sessions as may be authorized by law, and shall be conducted in accordance with open meeting laws of the State of California.

Except as may be otherwise provided in this Charter, the city manager shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions and shall provide staff support for such board or commission. Each board or commission shall be governed by Roberts Rules of Order except that each board or commission may by resolution adopt such other rules and regulations which shall be consistent with this Charter, as each may deem appropriate. Copies of all such resolutions shall be kept on file in the office of the city clerk, where they shall be available for public inspection. The

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city council may by ordinance or resolution grant to board or commission the same power as the city council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations.

604. Compensation.

Unless otherwise provided by ordinance, the members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the city council.

605. Removal; Vacancies.

Any member of a board or commission may be removed at any time by a vote of a majority of the membership of the city council and, notwithstanding any other provision of this section mandating city council consideration of removal of a board or commission member, removal may be with or without cause. The issue of whether to declare the office of a board or commission member vacant shall be brought before the city council as follows:

• (a) Upon the resignation of the board or commission member;

• (b) Upon the request of any member of the city council;

• (c) Upon excessive absenteeism, to be defined as absence from three consecutive meetings of such board or commission or for twenty five percent (25%) of the duly scheduled meetings of the board or commission within any fiscal year, unless by permission of such board or commission expressed in its official minutes;

• (d) Upon conviction of any felony or crime of moral turpitude;

• (e) If the member of the board or commission ceases to be a qualified elector of the City;

• (f) Failure of the board or commission member to file a financial disclosure statement as may be required by State law or city ordinance; or

• (g) Such other cause as city council may provide by ordinance.

The city council may declare the office of any board or commission member vacant, and the vacancy shall be effective from the date of the declarant unless otherwise specified in the declaration.

Any vacancies in any board or commission shall be filled by appointment by the mayor, with the approval of the city council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term.

606. Indemnification of Members of Boards and Commissions.

Upon request by any member or former member of any appointed board or commission established in this article, named in any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her duties as a member of such board or commission of the City, made in writing not less than ten (10) days before the trial of the action, and so long as the member cooperates reasonably and in good faith in the defense of the

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claim or action, the City shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the City has agreed. Where the City conducts the defense of the claim or action pursuant to an agreement with the member or former member of such board or commission, reserving the City's rights not to pay the judgment, compromise, or settlement until it is established the injury arose out of act or omission occurring within the scope of his or her duties as a member of such board or commission, the City shall be required to pay the judgment, compromise, or settlement only if it is established the injury arose out of an act or omission occurring within the scope of his or her duties as a member of such board or commission. The City may indemnify any member or former member of such board or commission for any part of a claim or judgment that is for punitive or exemplary damages only upon a vote to do so by a majority of the membership of the city council.

607. Planning Commission.

There shall be a planning commission consisting of seven members. There shall be a director of planning and zoning whose duties shall be established by ordinance, resolution, or regulation, and who shall be the recording secretary for the planning commission. The director of planning and zoning, or his or her designated representative shall attend all planning commission meetings. The planning commission may meet with and receive advice from the city attorney as it or the city attorney may deem necessary. The planning commission shall have all of the following powers and duties, which powers and duties may be modified by ordinance of the city council:

• (a) All duties set out in the California Planning and Zoning Law for a planning agency.

• (b) After public hearing, recommend to the city council any amendment to the general plan or any part thereof, or any zoning ordinance amendments.

• (c) Exercise authority granted to it by ordinance over subdivisions, use permits, or other matters not inconsistent with this Charter.

• (d) Make recommendations to the city council concerning public works.

• (e) Perform other duties specified by the city council not inconsistent with this Charter.

608. Rent Review Commission.

There shall be a rent review commission consisting of five members. The rent review commission may meet with and receive advice from the city attorney as it or the city attorney may deem necessary. The rent review commission shall have the following powers and duties:

• (a) Receive, hear, and determine petitions from tenants, landlords, or other interested parties regarding the application and interpretation of the City's rent control ordinances and regulations;

• (b) Make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties;

• (c) Render, at least semi-annually, a written report to the city council concerning its activities, rulings, actions, results of hearings, and all other matters pertinent to the rent control ordinances and regulations of the city; including recommendations for amendment thereof;

• (d) Maintain and keep hearing files and dockets listing the time, date, and place of hearings,

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the parties involved, the addresses of such parties and final disposition of each petition;

• (e) Adopt rules and regulations establishing categories of petitions, which may include priorities of the different categories so established; and

• (f) Perform other duties specified by the city council not inconsistent with this Charter, or with the provisions of Title 4 of the Palm Springs Municipal Code on the effective date of this Charter, or as may be amended.

609. Board of Library Trustees.

There shall be a board of library trustees consisting of five members. There shall also be a city librarian, whose duties shall be established by ordinance, resolution, or regulation of the City and who shall serve as recording secretary to the board of library trustees. The city librarian, or his or her designated representative shall attend all board of library trustee meetings. Except as otherwise specifically provided in this Charter, the board of library trustees shall have the powers and duties provided by, and shall be administered pursuant to, the provisions of the general laws of the State of California governing municipal libraries and boards of library trustees. Unless and until the board of library trustees for the City in existence on the effective date of this Charter shall be disbanded pursuant to procedures established in the general law of the State of California, and notwithstanding any other provision of this Charter, the board of library trustees shall have the powers and duties provided by, and shall be administered pursuant to, the provision of the general laws of the State of California governing municipal libraries and boards of library trustees.

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