San Rafael Municipal Code Art. XV Miscellaneous

This charter shall take effect on the first day of July, 1913.

The first general municipal election under this charter shall be held on the second Monday in April, 1915. The board of trustees of the city of San Rafael in office at the time this charter takes effect shall provide for the holding of the first election under this charter, shall canvass the votes and declare the result of said election. The amount of the bonds of all officers elected at such election shall be fixed by said board of trustees at least thirty days prior to such election.

The members of the board of trustees and all other elective officers of the city of San Rafael in office at the time this charter takes effect shall continue to hold office and discharge their respective duties until the election and qualification of the officers first elected under this charter; provided that the said board of trustees shall constitute the council, the president of the board of trustees shall perform the duties of mayor, trustees shall perform the duties of councilmen and the city recorder shall perform the duties of police judge, and the marshal shall perform the duties of chief of police. The term of each of the other officers in office at the time this charter takes effect shall cease and terminate when the council first elected thereunder shall by resolution so declare.

All city ordinances, resolutions and regulations in force at the time this charter takes effect, and not inconsistent with the provisions thereof, are hereby continued in force until the same shall be duly amended or repealed.

The city attorney shall be the prosecuting attorney in behalf of the people in all criminal cases arising from violations of the provisions of this charter and the ordinances of the city, and shall attend to all suits and proceedings in which the city may be legally interested; provided, the council shall have control of all litigation of the city, and may employ other attorneys to take charge of any litigation or to assist the city attorney therein.

The violation of any provisions of this charter, or of any ordinance of the city, shall be deemed a misdemeanor, and may be prosecuted by the authorities of the city in the name of the People of the State of California, or may be redressed by civil action, at the option of said authorities. Any person sentenced to imprisonment for a violation of the provisions of this charter, or of any ordinance, may be imprisoned in the city jail, or in the Marin County jail, in which latter case the expense of such imprisonment shall be a charge in favor of such county against the city of San Rafael.

The word "City" wherever it occurs in this charter means the city of San Rafael; and every commissioner, board, officer or employee wherever mentioned in this charter means the commissioner, board, officer, or employee, as the case may be, of the city of San Rafael. The word "council" when used in this charter means the Council of the City of San Rafael.

If, for any reason, the first general municipal election is not held on the day herein provided for, the validity of this charter and of such election is not effected thereby, and the board of trustees of the city of San Rafael then in office must provide for the holding of such election as soon as possible thereafter.

Every officer who shall approve, allow or pay any demand on the treasury not authorized by law, ordinance, or this charter, shall be liable to the city, individually, and on his official bonds for the amount of the demand so illegally approved, allowed or paid.

Nothing in this charter shall be construed as prohibiting the election or appointment of women to any office and the words used in this charter in the masculine gender shall include the feminine.

All officers, boards, commissioners, and departments of the city shall, upon vacating office, turn over to their successors all books, papers, documents, records, archives and other property which may be in their possession or under their charge.

The boundaries of the city of San Rafael as described in this charter may be altered and the territory embraced therein may be added to or diminished in accordance with the laws of the State of California covering the annexation and the exclusion of territory by municipalities.

All officers of the city of San Rafael, elective or appointive, shall, in addition to the duties prescribed in this charter, perform such duties as may be imposed by ordinance or by the general laws of the State of California.

All books and records of the various offices and departments of the city, except those of the police department and city attorney, shall, during business hours, be open to the inspection of any citizen or taxpayer, who may make copies of any portions thereof. Upon request, copies shall be made or certified by the officer in charge of the records on payment of a fee as established by the city manager, the fee to reflect the cost to the city in providing the service.

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

The fiscal year mentioned in this charter shall commence with the first day of July and end with the thirtieth day of June following of each year.

After this charter becomes effective and until after the first general municipal election is held thereunder, the per centum of signatures required to any petition for any of the purposes provided for in Articles IV and V of this charter shall be based upon the entire vote cast in the city of San Rafael at the general election held November 5th, 1912.

If all the offices of members of the council and mayor should become vacant and no member of the council remains to fill any of the vacancies of elective offices, successors may be appointed pursuant to the general laws of the State of California to fill such offices. In such case, the city clerk, as soon as reasonably possible, shall call and conduct a special municipal election to fill such offices for the remainder, if any, of the unexpired terms.

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

This charter may be amended at such times and in such manner as is provided in the Constitution of the State of California.

In all matters pertaining to municipal affairs, concerning which no special provision is made in this charter, the general law of the state shall be a part of this charter as far as the same may be applicable.