San Rafael Municipal Code Art. VI City Officials

The elective officers of the city of San Rafael shall be: a mayor, four councilmen, five members of the board of education, a city clerk, a city attorney, a city assessor.

(City Council Resolution No. 5589, § C, adopted December 21, 1978, as ratified by the voters on March 6, 1979—State Charter Statutes Appendix, Chapter 11, 1979; Assembly Concurrent Resolution No. 121, August 20, 1973: Assembly Concurrent Resolution No. 201, August 28, 1970: Senate Concurrent Resolution No. 127, June 18, 1969.)

The Mayor shall be elected at the general municipal election and shall be elected for a term of four years from and after the seventh day succeeding the day of such election and until his successor is elected or appointed and qualified.

(Senate Resolution No. 46, May 31, 1967 and No. 127, June 18, 1969.)

The term of office of councilmen and of members of the board of education shall be four years from and after the seventh day succeeding the day of their election and until their successors are elected or appointed and qualified. The terms of two councilmen and two members of the board of education shall expire every four years.

Elections for councilmen and members of the board of education shall be held at the general municipal election.

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

If there are any other elective officers, they shall be elected at the general municipal election and shall hold office for the period of four years, from and after the seventh day succeeding the day of such election and until their successors are elected or appointed and qualified.

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

Appointed officials. before entering upon the duties of their offices, shall execute a bond to the city of San Rafael in such penal sum as the council, annually and after review, by ordinance, may determine, conditioned for the faithful performance of his duties. Such bonds shall be approved by the mayor. All bonds, when approved, shall be filed with the city clerk; except the bond of the city clerk, which shall be filed with the mayor. All of the provisions of any law of this state relating to official bonds of officers shall apply to bonds, except as herein otherwise provided. Every elective and appointive officer of the city, before entering upon the duties of his office, shall take and file with the city clerk, the constitution oath of office.

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

Any vacancy occurring in the elective office of members of the board of education shall be filled by appointment by the board of education by a majority vote thereof. Any vacancy occurring in any other elective office shall be filled by appointment by the council by a majority vote of the remaining members of the council.

If the council or board of education fails for a period of sixty days after any such vacancy to fill the same, it shall immediately call an election to be held to fill the vacancy. If such vacancy is created within the first two years of the term of office of the seat vacated, said appointment or election shall be until the next general municipal election. At the said next general municipal election, the term of office of the person so elected shall be for a period of two years.

If said vacancy is created in the third or fourth years of the term of office of the seat vacated, said appointment or election shall be for the unexpired term of the office so filled.

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

A vacancy shall exist in any office when the person elected or appointed thereto fails to qualify, dies, resigns, is removed from office, ceases to be a resident of the city or absents himself continuously therefrom for a period of more than sixty days without permission from the council, is convicted of a felony, or of a misdemeanor connected with his duties in office, is judicially determined to be incompetent, forfeits his office under any provision of this charter or is removed from office by judicial proceeding.

No person shall be eligible to hold any elective office in said city of San Rafael unless he be a resident and elector therein, and shall have resided in said city for one year next preceding the date of such election.

(Assembly Concurrent Resolution No. 121, August 20, 1973: Senate Concurrent Resolution No. 68, May 14, 1951.)

Compensation of the mayor and councilmen shall be as permitted by general law and shall be set by ordinance.

(Senate Concurrent Resolution No. 110, May 23, 1957, and No. 46, May 31, 1967.)

The council may consolidate the following offices:

(a) City tax and license collector and city assessor;

(b) City treasurer and city tax and license collector;

(c) City clerk and city tax and license collector;

(d) City clerk and city assessor.

Such consolidation shall be by ordinance adopted, published and recorded as required for general ordinances at least forty days before a general municipal election at which city officers are to be elected.

The council shall appoint a chief of police, a city treasurer, a city tax and license collector, a city engineer, a superintendent of streets, a chief of the fire department, who shall be ex officio fire marshal, and a poundmaster, each of whom shall hold office for the period of four years. The council may consolidate the offices of city engineer and superintendent of streets. All such appointive officers may be removed at any time by the affirmative vote of three members of the council.

(City Council Resolution No. 5589, adopted December 21, 1978, as ratified by the voters on March 6, 1979— State Charter Statutes Appendix, Chapter 11, 1979; Assembly Concurrent Resolution No. 121, August 20, 1973: Assembly Concurrent Resolution No. 201, August 28, 1970: Senate Concurrent Resolution No. 127, June 18, 1969.)

The council shall have power by ordinance or by resolution to create and discontinue offices, deputyships, assistantships, boards and commissions and employments other than those prescribed in this charter, to fix their terms of office, to provide the mode of filling them, to prescribe the duties pertaining thereto, according to its judgment of the needs of the city and to determine the mode of removing any such officer, assistant or employee.