San Clemente Municipal Code Ch. 2.10 City Clerk

Pursuant to California Government Code Sections 36501 and 36508, there is hereby established the office of City Clerk. The City Clerk shall be appointed by, and shall serve at the pleasure of, the City Manager and shall not be required to be a resident or elector of the City. The City Clerk shall receive such compensation as shall be fixed from time to time by resolution or ordinance of the City Council. Pursuant to Government Code Section 36510, the City Council hereby vests in the City Manager its authority to appoint the City Clerk.

(Ord. No. 1746, § 1, 11-8-2022; Ord. No. 1783, § 2, 12-10-2024)

Pursuant to California Government Code Section 36518, the City Clerk shall furnish a corporate surety bond to be approved by the City Council in a reasonable amount recommended by the City Attorney and fixed by the City Council, by resolution, and may be changed during the City Clerk's term of office. The bond shall be conditioned upon the satisfactory performance of the duties imposed upon the City Clerk by statute, ordinance, or resolution. Any premium for such bond shall be a proper charge against the City.

(Ord. No. 1746, § 1, 11-8-2022)

The City Clerk shall have the powers, duties and responsibilities granted to and imposed upon the office of the City Clerk pursuant to the following:

A. The provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the California Government Code (commencing with Section 40801), with the exception of the financial and accounting duties set forth in Government Code Sections 40802 through 40805;

B. Other general laws of the State, with the exception of those financial powers and duties imposed upon the City Clerk by Title 4, Division 3, Part 2, Chapter 4 of the California Government Code (commencing with Section 37201);

C. The provisions of this Code; and

D. The ordinances and resolutions of the City Council.

The principal functions of the City Clerk shall be to:

A. Attend all meetings of the City Council and be responsible for the recording and maintenance of a record of all the actions of the Council;

B. Keep all ordinances and resolutions of the Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication and/or posting, that the ordinance has been published and/or posted in accordance with law;

C. Keep all records of the Council and of the office of the City Clerk in such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed or reproduced and the original destroyed, in accordance with state law;

D. Serve as the official custodian of all City records;

E. Be the custodian of the seal of the City;

F. Prepare the Council agendas, in conjunction with and under the direction of the City Manager;

G. Perform the duties prescribed by the California Elections Code in conducting municipal elections, except where said election duties are performed by the Orange County Registrar of Voters or similar agency;

H. Perform the duties imposed upon City Clerks by the California Political Reform Act;

I. Be responsible for the publication of all official advertising required by law with respect to matters coming before the City Council;

J. Be responsible for the maintenance and distribution of the Municipal Code;

K. Be responsible for accepting all claims filed against the City and its officers, agents or employees, pursuant to Chapters 1 and 2 of Part 3 of Division 3.6 of the California Government Code (commencing with Section 900) and Chapter 3.04 of Title 3 of this Code; and

L. Perform such other duties consistent with this Code as may be required of the City Clerk by the City Council or City Manager.

(Ord. No. 1746, § 1, 11-8-2022)