Seal Beach Municipal Code Art. VII Officers

The officers of the City shall be the following:

a. The five members of the City Council, who shall be elected.

b. A City Clerk.

c. A City Treasurer, who shall be the Finance Director.

d. A City Manager, who shall be appointed by the City Council.

e. A City Attorney, who shall be appointed by the City Council.

f. The incumbents of such other offices as the City Council may by ordinance, or resolution, establish.

(Amended 1978, 2014)

The City Council may provide, by ordinance not inconsistent with this Charter, for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, and for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. Each new department created by the City Council shall be headed by an officer as department head that shall be appointed and may be suspended or removed by the City Manager.

The City Council, by ordinance or resolution, may assign additional functions or duties, to offices, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the City Council may combine in one person the powers and duties of two or more offices created or authorized by this Charter. No office provided in this Charter to be filled by appointment by the City Manager may be consolidated with any office to be filled by appointment by the City Council. The City Council shall provide for the number, titles, qualifications, powers, duties, and compensation of all officers and employees.

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

a. Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true report of all the proceedings of the City Council in books, which shall bear appropriate titles and be devoted to such purposes.

b. Maintain separate books in which shall be recorded respectively all ordinances and resolutions, with a certificate of the clerk annexed to each thereof stating the same to be the original or a corrected copy, and as to any ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; to keep all books properly indexed and open to public inspection when not in actual use.

c. Maintain separate books in which a record shall be made of all written contracts and fidelity and performance bonds.

d. Be the custodian of the Seal of the City.

e. Administer oaths or affirmations, take affidavits, and depositions pertaining to the affairs and business of the City, and certify copies of official records.

f. Be ex-officio assessor, unless the City Council has availed itself or does in the future avail itself of the provisions of the general laws of the State relative to any assessment of property and the collection of City taxes, of any, by county officers, or the City Council by ordinance provides otherwise.

g. Be responsible for the conduct of all City elections.

h. Deputize other persons to assist in carrying out the duties of the City Clerk.

As treasurer, the Finance Director shall be required to:

a. Collect any license fees or other revenues of the City, or for whose collection the City is responsible and receives all taxes or other money receivable by the City from the County, State or Federal Government, or from any Court or from any office, department or agency of the City.

b. Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit all funds coming into his/her hands in such depository as may be designated by resolution of the City Council or if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds.

c. Disburse moneys on demands audited in the manner provided for in the Charter.

d. Prepare and submit to the City Council monthly written reports of all receipts, disbursements and fund balances, copies of which reports shall be filed with the City Manager.

(Amended 1978)

To become eligible for City Attorney or Assistant City Attorney the person appointed shall be an Attorney at Law duly licensed as such under the laws of the State of California and shall have engaged in the practice of law for at least three years prior to appointment. The City Attorney shall have the power and be required to:

a. Represent and advise the City Council and all City Officers in matters of law pertaining to their office.

b. Represent and appear for the City in any or all actions and proceedings in which the City is concerned or is a party, except the prosecution of criminal actions, and represent and appear for any City Officer or employee, or former City Officer or employee, in any or all actions and proceedings in which any such officer or employee is concerned or is a party, for any act arising out of the officer's employment or by reason of his/her official capacity.

c. Attend all regular meetings of the City Council and give advice and opinions in writing whenever requested to do so by the City Council or by any of the boards or officers of the City.

d. Approve the form of all contracts made by and all bonds given to the City, endorsing approval thereon in writing.

e. Prepare any and all proposed ordinances or resolutions for the City and amendments thereto.

f. Approve, as to legality, all investments of City funds.

The City Attorney shall, subject to the approval of the City Council, appoint such deputies, to assist the City Attorney at such salaries or compensation as the Council may, by ordinance, prescribe.

Each department head and deputy shall have the power to administer oaths and affirmations in connection with any official business pertaining to his/her department.

Each department head and appointive officer shall have the power to appoint, suspend and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for his/her department or office, subject to the provisions of this Charter and of any personnel, merit or Civil Service System adopted hereunder. Any such appointment or removal by a department head appointed by the City Manager shall be subject to the approval of the City Manager.

In accordance with the provisions of Section 1090 et seq. of the State of California Government Code as such provisions now exist or may hereafter be amended, no City officer or employee shall be financially interested in any contract made by them in their official capacity. Section 1090 et seq., in their entirety, are hereby incorporated by reference into this section. One true and correct copy of the current Section 1090 et seq. shall be deposited in the office of the City Clerk and shall be at all times maintained by said Clerk for use and examination by the public.

(Amended 2002)

Any elective officer of the City who shall accept or retain any other elective public office shall be deemed thereby to have vacated his/her office under the City government.

The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the second degree of any one or more of the members of such City Council, nor shall any department head or other officer having appointive power appoint any relative of his/hers within such degree to any such position.

This section, however, shall not apply to the probationary or permanent appointment of any person to a position included in the Civil Service System.

The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City.

There shall be no personal liability upon, or any right to recover against, a superior officer, or his/her bond, for any wrongful act or omission of a subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission.