Santa Ana Municipal Code Art. VII Officers and Employees

The City Council may provide by ordinance not inconsistent with this charter, for the organization, conduct, and operation of the several offices, departments, and other agencies of the City as established by this charter, for the creation of additional departments, divisions, offices, and agencies and for their alteration or abolition, for their assignment and reassignment to departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees.

The City Council by ordinance may assign additional functions or duties to offices, departments, or other agencies established by this charter, but shall not discontinue or assign to any other office, department, or other agency any function or duty assigned by this charter to a particular office, department, or agency. No office provided in this charter, to be filled by appointment by the City Manager, shall be combined with an office provided in this charter to be filled by appointment by the City Council.

Notwithstanding the foregoing, the City Council may transfer or consolidate functions of the City government to or with appropriate functions of the state or county government and, in case of any such transfer or consolidation, the provisions of this charter providing for the functions of the City government so transferred or consolidated, shall be deemed suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the ordinance establishing such transfer or consolidation. Any such transfer or consolidation may be repealed by ordinance.

Subject to the civil service provisions and section 501 of this charter, all officers and department heads of the City except the City Attorney and the City Clerk, shall be appointed by the City Manager and shall thereafter serve at the pleasure of the City Manager.

(Ord. No. NS-2074, § 5, 8-6-90, approved at election 11-6-90; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

In addition to the City Manager the City Council shall appoint the City Attorney who shall serve at the pleasure of the City Council and may be removed by motion of the City Council adopted by the affirmative votes of at least two-thirds (⅔) of the members of the council. Subject to the civil service provisions of this charter, the City Council shall appoint the City Clerk who shall serve at the pleasure of the City Council and may be removed by motion of the City Council adopted by the affirmative votes of the same number of members of the City Council as required to remove the City Manager and the City Attorney.

(Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS-2074, § 10, 8-6-90, approved at election 11-6-90; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

The City Clerk shall have the power and be required to:

(a) Receive all documents addressed to the City Council and present these documents to the City Council;

(b) Attend all meetings of the City Council and its committees and be responsible for the recording and maintaining of an accurate journal of council proceedings and the recording of the ayes and noes in the final action upon the questions of granting franchises, making of contracts, approving of bills, disposing or leasing City property, the passage or reconsideration of any ordinance, or upon any other act that involves the payment of money or the incurring of debt by the City, and in all other cases upon the call of any member of the City Council;

(c) Maintain the journal of council proceedings in books which shall bear appropriate titles and which shall be available for public inspection;

(d) Maintain separate books in which shall be recorded respectively all ordinances and resolutions, with the certificate of the City Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this charter; and maintain all such books properly indexed and available for public inspection when not in actual use;

(e) Have charge of the repository for contracts, surety bonds, agreements, and other related documents of City business;

(f) Maintain custody of the City seal;

(g) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City, and issue certified copies of official City records;

(h) Conduct all City elections.

(i) Enter into contracts related to the Office of City Clerk based upon the City's purchasing policies and dollar limitations established for the city manager or at such other amounts adopted by the city council.

(Res. No. 2022-044, 8-2-22, approved at the election 11-8-22; Res. No. 2024-033, 6-18-24, approved at the election 11-5-24)

To become eligible for the position of City Attorney the person appointed shall be an attorney-at-law duly licensed as such under the laws of the State of California. They shall devote such time to the duties of their office as may be specified in the ordinance or resolution fixing the compensation of such office. They shall have the power and be required to:

(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices;

(b) Attend all meetings of the City Council and give their advice or opinion in writing whenever requested to do so by the City Council or by any of the officers and boards of the City;

(c) Prepare or approve all proposed ordinances or resolutions for the City, and amendments thereto;

(d) Prosecute on behalf of the people such criminal cases for violation of this charter, or City ordinances, and of misdemeanor offenses and infractions arising upon violations of the laws of the state as in their opinion, or that of the City Council, or of the City Manager, warrant their attention;

(e) Represent and appear for the City, any City officer or employee, or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee, in or by reason of their official capacity, is concerned or is a party;

(f) Approve the form of all bonds given to, and all contracts made by, the City, endorsing their approval thereon in writing;

(g) On vacating the office, surrender to their successor all books, papers, files, and documents pertaining to the City's affairs.

(h) Enter into contracts related to the Office of the City Attorney based upon the City's purchasing policies and dollar limitations established for the city manager or at such other amounts adopted by the city council.

The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein.

(Ord. No. NS-1642, 8-2-82, approved at election 11-2-82; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22; Res. No. 2024-033, 6-18-24, approved at the election 11-5-24).

Editor's note— Res. No. 2018-047, § 4(Exh. A), adopted July 3, 2018 and approved at the election of November 6, 2018, repealed § 704. Former § 704 pertained to director of finance; qualifications, powers and duties and derived from the Charter of 1967.

On or before the annual anniversary date of appointment of persons serving in the positions of City Manager, City Attorney and City Clerk, the City Council shall review and evaluate the performance of such appointees.

(Ord. No. NS-2074, § 7, 8-6-90, approved at election 11-6-90; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

Editor's note— Sections 705 and 706, relative to the qualifications, powers and duties of the director of public works and the director of recreation and parks, were repealed by Ord. No. NS-1642, adopted Aug. 2, 1982, approved at election Nov. 2, 1982. Subsequently, § 705 was reenacted to read as set forth above.

Subject to the approval of the City Manager and subject to civil service provisions of this charter and the civil service rules and regulations established thereunder, each head of a department, office, or other agency shall have the power to appoint and remove such deputies, assistants, subordinates, and employees as are provided for by the City Council for their department, office, or other agency.

(Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)