Pomona Municipal Code Art. VII Other Officers, Departments and Employees and General Provisions

The Council may establish City departments, offices, or agencies in addition to those created by this Charter and may prescribe their functions except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. The Council shall encourage officers, deputies, and employees of the City to be or become residents of the City. The City Manager shall prepare every five (5) years and submit to the Council a report on the number of officers, deputies and employees who are residents of the City, efforts made to recruit within the City and all incentives provided to employee to establish residency in the City and projected costs of any additional incentives that the Council should consider.

There shall be an office of City Clerk, City Attorney, City Treasurer, Director of Finance, and Chief of Police.

The City Clerk shall be appointed by a majority of the total membership of the City Council, shall serve at the pleasure of the Council and may be removed at any time by the affirmative vote of a majority of the total membership of the Council. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are prescribed by ordinance or resolution, this Charter, or by state law or as requested by the City Manager. The City Clerk shall serve as the City's Elections Official and the duties required to effect the California Elections Code shall take precedence over other duties and responsibilities.

There shall be a legal officer of the City, appointed by a majority of the total membership of the Council, who shall serve at the pleasure of the Council, and may be removed at any time by the affirmative vote of a majority of the total membership of the Council. The City Attorney shall serve as the chief legal advisor to the Council, the City Manager, and all City departments and appointed bodies, and shall have the authority to represent the City in all civil and criminal matters, and shall perform such other duties as prescribed by this Charter, by ordinance or resolution, or as requested by the Council or City Manager.

To be and remain eligible to hold the title of City Attorney, the person must be an attorney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least five (5) years prior to appointment.

Editor's note— Charter Amend. of 12-19-2022, § (Att. H), adopted December 19, 2022, repealed § 704, which pertained to the city treasurer and derived from the original codification.

The City Manager shall appoint a department head who shall have the title of Director of Finance/City Treasurer. The Director of Finance/City Treasurer shall be the chief financial officer of the City, who shall have responsibility for financial reporting, expenditure control, purchasing, bond development, preparation of the City budget for the City Manager, receiving and investing City funds, and shall perform such other duties as prescribed by ordinance or resolution, this Charter or by state law, or as requested by the City Manager or by the City Council through the City Manager.

(a) The City Manager, with the approval of a majority vote of the total membership of the Council, shall appoint a Police Chief whose function shall be the administration of the Pomona Police Department. The Chief of Police may not hold any other permanent or temporary managerial office.

(b) Within the departments established, police services as required by law shall be performed by Pomona City Police Department employees. The City may not contract for primary police services with the County of Los Angeles or other police agencies without a vote of the City's electorate. The City may contract for ancillary police-related services without a vote of the electorate.

All departments, offices and agencies shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the Council, the City Manager may serve as the head of one or more such departments, offices, or agencies and may appoint one person as the head of two (2) or more.

The Council shall provide by ordinance or resolution, consistent with all applicable federal and state laws, for the establishment, regulation, and maintenance of personnel policies necessary for effective administration of the City.

Subject to the provisions of this Charter and personnel system provisions, each department head shall have the power and duty to appoint, suspend or remove department employees subject to approval by the City Manager.

The Council shall not appoint or ratify the appointment of any person to any salaried position in the City government who is a relative by blood, adoption or marriage within the third degree of any member of the Council, nor shall the City Manager nor any officer or department head appoint any relative by blood, adoption or marriage of that officer or department head within the same degree to any such position.

Each officer and designated deputies and each department head and designated deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to their offices or departments.

Authority and power are hereby vested in the City, its Council and its several officers, agents and employees to do and perform any act, and to exercise any authority granted, permitted or required under the provisions of the California Public Employee's Retirement Law, as it now exists or may hereafter be amended, to enable the City to continue as a contracting City under the California Public Employees' Retirement System. The Council may terminate any contract with the Board of Administration of the California Public Employees' Retirement System only under authority granted by ordinance adopted by a majority vote of the electors of the City voting on such proposition at an election at which such proposal is presented.

If a City elected officer or candidate for elective office, or a proposed appointed officer to any City office, shall use or promise to use, directly or indirectly, any official authority or influence, whether then possessed or merely anticipated, to aid any other person to secure any elected or appointed office in the service of the City or any increase of salary, upon the condition that such other person's vote or political influence shall be given or used, or upon any other corrupt condition, shall be guilty of a misdemeanor.

If the person convicted is a City elected or appointed officer, that person shall, in addition to any other punishment imposed, be deprived of office, and be forever debarred and disqualified from holding any position in the service of the City, to the maximum extent permitted by law.

(a) Activities Prohibited.

(1) No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules, and regulations.

(2) No person who seeks employment, appointment or promotion to any City position or appointive City administrative office shall directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion, or proposed promotion.

(3) Except as otherwise permitted by State law, no City officer, department head or employee shall knowingly or willfully solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose to be used in conjunction with any City election from any City employee.

(4) No City officer, department head or employee shall, during his or her working hours for the City, knowingly or willfully solicit or receive any contribution to the campaign funds of any candidate, political party, or committee to be used in a City election in support of or in opposition to any candidate for City elected office or any City ballot measure. This section shall not be construed to limit any City officer's or employee's exercise of his or her rights as a private citizen during non-working hours for the City, to express opinions, actively participate in political campaigns or to cast a vote in support of or in opposition to a candidate for City elected office or a City ballot measure.

(b) Penalties for Violation. Any person convicted of a violation of this section shall be ineligible for a period of five (5) years following such conviction, to hold any City office or position and, if an officer or employee of the City, shall immediately forfeit that office or position. The Council shall establish by ordinance such further penalties as it may deem appropriate.

Each officer, department head and employee of the City, including each member of a board or commission of the City, before undertaking any duties, shall take the oath of office required by the Constitution of the State of California and shall file the same with the City Clerk.

No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city contract, city position or appointive city administrative office because of race, gender, age, disability, religion, marital status, sexual orientation, country of origin or political affiliation. The City shall abide by all state and federal nondiscrimination regulations. No officer, department head or employee of the City shall belong to or be a member of any party, organization, or association which advocates the overthrow of the government or Constitution of the United States or the State by force or violence.