San Rafael Municipal Code Art. VIII Executive and Administrative Departments

The chief executive officer of the city of San Rafael shall be the mayor.

The mayor shall be the presiding officer of the council. He may call special meetings of the council, and must do so upon the request, in writing, of a majority of its members. He shall sign the minutes of each of its meetings after they have been entered in the journal by the city clerk and approved by the council.

The mayor shall see that the laws of the State of California, the provisions of this charter and the ordinances of the city of San Rafael are strictly enforced and duly observed within said city. He shall take all measures necessary for the preservation of public order and the suppression of mobs, riots and tumults, for which purpose he may use the police force, and, in case such force is inefficient, he may call upon the governor of the state for military aid.

The mayor shall diligently observe the official conduct of all officers and employees of the city, and note the manner in which they perform their duties, especially in the collection, administration and disbursement of public funds and property. The books, records and official papers of all departments, boards, officers and employees of the city shall, at all times, be open to his inspection and examination, and he shall use special care to see that such books, records and documents are kept in proper legal form. He shall have general supervision of all departments, public institutions and offices of the city, and shall see that they are lawfully, economically and honestly administered and conducted.

The mayor shall see that all contracts and agreements with the city are faithfully kept and performed, and to that end he shall, with the consent of the council, cause legal proceedings to be instituted and prosecuted, in the name of the City of San Rafael, against all persons failing, in whole or in part, to fulfill their agreements with said city.

The mayor shall have power to administer oaths and affirmations and take affidavits and depositions in all matters relating to the business of the city.

The mayor shall sign all conveyances made by the City of San Rafael, and all contracts to which it is a party, and shall acknowledge the execution of all instruments executed by said city that require acknowledge-ment, and shall sign all warrants ordered drawn by the council.

When, by reason of absence from the city or from any other cause, the mayor is temporarily unable to perform the duties of his office, the vice-president of the council shall act as mayor during such temporary absence or disability.

it shall be the duty of the city treasurer to receive and safely keep all moneys which shall come into his hands as city treasurer for all of which he shall give duplicate receipts one of which shall be filed with the city clerk. He shall pay out said money on warrants, signed by the proper officers, and not otherwise, except interest coupons on bonds. He shall make quarterly settlements with the city clerk. He shall exercise such other powers and perform such other duties as may be prescribed or conferred in this charter, by law, or the ordinances of the city.

It shall be the duty of the city assessor, between the first day of May and the first day of August in each year, to make out a true list of all the taxable property within the city. The mode of making out said list, and proceedings relating thereto, shall be in conformity with laws now in force regulating county assessors, except as the same may be otherwise provided in this charter or by ordinance. Said list shall describe the property assessed and the value thereof, and shall contain all other matters required to be stated in such lists by county assessors. Said city assessor shall verify said list by his oath, and shall deposit the same with the city clerk on or before the first Monday of August in each year. Said assessor and his deputy shall have power to administer all oaths and affirmations necessary in the performance of his duties.

It shall be the duty of the city clerk to keep a full and true record of all the proceedings of the council and of the board of equalization. The proceedings of the council shall be kept in a book marked "Records of the Council." The proceedings of the board of equalization shall be kept in a separate book marked "Records of the Board of Equalization." He shall keep a book, which shall be marked "City Accounts," in which shall be entered as a credit all moneys received by the city for licenses, the amount of any tax when levied, and all other moneys received; and in which shall be entered on the debit side all commissions deducted, and all warrants drawn on the treasury. He shall also keep a book, marked "City Tax and License Collector's Account," in which he shall charge the city tax and license collector with all the tax lists, if any, delivered to him, and all licenses delivered to him. He shall credit the city tax and license collector with the delinquent lists returned by him. He shall also keep a book, marked "City Treasurer's Account," in which he shall keep a full account of the transactions of the city with the city treasurer. He shall also keep a book, marked "City Licenses," in which he shall enter all licenses delivered by him to the city tax and license collector. He shall also keep a book, marked "City Ordinances," into which he shall copy all city ordinances, with his certificate annexed to said copy, stating the foregoing ordinance is a true and correct copy of an ordinance of said city, and giving the number and title of said ordinance, and stating that the same has been published or posted according to law. Each of the foregoing books, except the records of the council and the board of equalization, shall have a general index sufficiently comprehensive to enable a person to readily ascertain matters contained therein. The city clerk shall also keep a book, marked "Demands and Warrants," in which he shall note every demand against the city, and file the same. He shall state therein, under the note of the demands, the final disposition made of the same; and if the same is allowed and a warrant is drawn, he shall also state the number of the warrant, with sufficient dates. This book shall contain an index, in which reference shall be made to each demand. Upon the completion of the assessment roll for any of the taxes of the city, and levying of the tax thereon, the city clerk shall apportion the taxes upon such assessment roll, and shall deliver it to the officer charged with the duty of collecting taxes. It shall not be necessary to make a duplicate assessment roll. He may appoint a deputy, for whose acts he and his bondsmen shall be responsible; and he and his deputy shall have power to administer oaths and affirmations, to take affidavits and depositions to be used in any court or proceedings in the state, and to certify the same. He and his deputies shall take all necessary affidavits to demands against the city, and certify the same without charge. He shall make a quarterly statement, in writing, showing the receipts and expenditures of the city for the preceding quarter, and the amount remaining in the treasury. He shall, at the end of every fiscal year, make a full and detailed statement of the receipts and expenditures of the preceding year, and a full statement of the financial condition of the affairs of the city. He shall perform such other services as this charter and the ordinances of the council shall require.

It shall be the duty of the city attorney to advise the city authorities and officers in all legal matters pertaining to the business of the city, and to render such other services in the line of his profession as may be required of him by the council.

The department of the police shall be under the direction of the chief of police. He shall have all the powers given to peace officers under the laws of this state. He shall have power, and it is made his duty, to preserve the public peace, to suppress riots, tumults and disturbances. He shall have all the powers conferred on sheriffs by the laws of the state. His orders shall be promptly executed by the police officers, peace officers or watchmen in the city, and every citizen shall lend him aid, when required, for the arrest of offenders and the maintenance of order and protection of persons and property. He shall execute and return all processes issued to him by legal authority; and it is hereby made his duty to arrest on view, with or without a warrant, persons violating any law of the state or ordinance of the city. It shall be his duty to take persons arrested before the judge of the police court, or a justice of the peace. Persons arrested for violating any of the ordinances of the city, may, before or after trial, be confined in the city prison. He shall perform all duties imposed upon him by the ordinances of the council.

The city tax and license collector shall collect all taxes, general and special, all city licenses, and such other branches of the city revenue not otherwise provided for as the council, by ordinance, may direct, and pay the same over to the city treasurer daily. He shall at all times keep proper books, showing in detail tim amount of money received, by whom, at what time and for what purpose paid, and the funds to which the same is apportioned. He shall also keep a book containing a record of every deed issued by him for or on account of said city for real property sold by him for delinquent taxes. All such books shall at all times, when not in actual use, be open for public inspection.

Whenever any person required by any city ordinance to take out a license shall fail, or neglect, or refuse to take out such license, and pay therefor in the manner and at the time as such ordinance provides, or, if any person required to take out any license shall transact, do or carry on any business, trade or occupation without first having procured the requisite license for such trading or carrying on, the city tax and license collector shall report such delinquent to the chief of police, who shall at once take such delinquent into custody, and the city attorney shall prosecute said delinquent in the manner provided by law.

There shall be a city manager. He shall be appointed by the council for an indefinite term and the council shall fix his compensation. The city manager shall be the chief administrative officer of the city. The council shall prescribe by ordinance the duties, responsibilities, and scope of the authority of the city manager.

(Senate Concurrent Resolution No. 46, May 31, 1967.)

There shall be a board of fire commissioners appointed by the council, the exact number of which shall be set by ordinance or resolution of the council, one of whom may be a councilman. The chief of the fire department shall be an ex officio member of the commission but shall not be entitled to vote as a member of the commission. The members of the commission shall serve for a term of four years and shall be subject to removal by the affirmative vote of three members of the council. The terms of office of members of the commission shall be staggered in the manner provided by resolution of the council. The board of fire commissioners shall exercise such powers and perform such duties as may be prescribed or conferred in this charter or by the ordinances of the city.

(Assembly Concurrent Resolution No. 121, August 20, 1973: Senate Concurrent Resolution No. 46, May 31, 1967.)

There shall be a park and recreation commission appointed by the council, the exact number of which shall be set by ordinance or resolution of the council, one of whom may be a councilman. The members of the commission shall serve for a term of four years, and shall be subject to removal by the affirmative vote of three members of the council. The terms of office of members of the commission shall be staggered in the manner provided by resolution of the council. The park and recreation commission shall exercise such powers and perform such duties as may be prescribed or conferred in this charter or by ordinances of the city.

(Assembly Concurrent Resolution No. 121, August 20, 1973: Senate Concurrent Resolution No. 46, May 31, 1967.)

The financial and accounting duties imposed upon the city clerk by this charter may be transferred to a director of finance when such office has been established and the powers and duties thereof defined by ordinance.