Watsonville Municipal Code Art. VIII Officers and Employees

SECTION 800 CITY ADMINISTRATIVE ORGANIZATION.

The Council shall 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. It may further provide by ordinance for the creation of additional departments, divisions, offices and agencies or for their alteration or abolition or for their assignment and reassignment to departments. Each new department so created shall be headed by an officer as department head who shall be appointed by the City Manager and may be suspended and removed by the City Manager, except as otherwise provided by this Charter. Subject to the provisions of this Charter, the Council shall provide by ordinance or resolution for the number, titles, qualifications, powers, duties, and compensation of all officers and employees.

The Council by ordinance may assign additional functions or duties to officers, departments or other agencies established by this Charter, but shall not discontinue or assign to any other office, department, or any 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 Council. When the positions are not incompatible, the Council may combine in one person the powers and duties of two (2) or more offices.

The City Manager, within the earliest practicable time following the effective date of this Charter, shall cause to be prepared and submitted to the Council, and the Council, by ordinance, shall adopt an administrative code. Such code shall provide for a complete plan of administrative organization of the City government, and provide for the powers, duties, responsibilities, obligations and procedures of the officers and employees of the City, including rules and regulations of the City departments adopted by ordinance. Such code may be adopted by reference.

Rules and regulations governing administrative procedures of the City government, such as those covering personnel, budgeting, accounting and purchasing methods, shall be included in the administrative code. The code shall be amended by ordinance as necessary or advisable to keep it up to date. Sufficient copies shall be available for all officers of the City and other interested persons.

Notwithstanding the foregoing, the 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 function 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. [§ 800 Amended by voter petition initiative on 11/5/24. Measure W]

SECTION 801 ENUMERATION.

The officers of the City shall consist of the Mayor, the Council Members, the City Manager, the City Attorney, the City Clerk and such other officers, assistants, deputies and employees as the Council may provide. [§ 801 Amended by voter petition initiative on 11/5/24. Measure W]

SECTION 802 APPOINTMENT AND REMOVAL.

The City Attorney and City Clerk shall be appointed by and may be removed by the affirmative votes of at least four (4) members of the Council. Except as otherwise provided in this Charter, all other officers, department heads and employees of the City shall be appointed by the City Manager. [§ 802 Amended by voter petition initiative on 11/5/24. Measure W]

SECTION 803 CITY CLERK: POWERS AND DUTIES.

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

(a) Attend all meetings of the Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the Council in books that shall bear appropriate titles and be devoted to such purpose;

(b) Maintain all ordinances and resolutions, with the certificate of the 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 in accordance with this Charter;

(d) Keep all aforementioned documents properly indexed and open to public inspection when not in actual use;

(e) Be the custodian of the seal of the City;

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

(g) Have charge of all City elections;

(h) Be responsible for the publication of all official advertising of the City; and

(i) Perform such other duties consistent with this Charter as may be required by the Council. [§ 803 Amended by voter petition initiative on 11/5/24. Measure W]

SECTION 804 CITY ATTORNEY: POWERS AND DUTIES.

The City Attorney shall be authorized and required to:

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

(b) Represent and appear for the City in any or all actions and proceedings in which the City is concerned or is a party, 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 City officer or employee is concerned or is a party, for any action arising out of employment or by reason of this official capacity;

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

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

(e) Prepare all proposed ordinances, contracts and other legal instruments for the City;

(f) Prosecute on behalf of the City all cases for violation of the Charter, City ordinances and other City laws and regulations;

(g) Perform such other legal duties consistent with this Charter as may be required by the Council; and

(h) Upon vacating the office, surrender to the successor all books, papers, files and documents pertaining to the City’s affairs.

To become eligible for appointment as City Attorney, the appointee shall have been admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the practice of law for at least two (2) years immediately prior to appointment.

Nothing stated herein shall prohibit the Council from employing other attorneys to take charge of any litigated matter or to assist the City Attorney therein. [§ 804 Amended by voter petition initiative on 11/5/24. Measure W]

SECTION 805 COMPENSATION.

The compensation of all City officers and employees, except as otherwise provided in this Charter, shall be by salary to be fixed by ordinance or resolution. No officer or employee shall be allowed any fees, perquisites, emoluments, rewards or compensation for the performance of their official duties aside from the salary or compensation as fixed by the Council, but all fees received them in connection with their official duties shall be paid into the City treasury. The provisions of this Section shall not preclude officers and employees from being reimbursed for actual and necessary expenses incurred while performing official business of the City when said expenses have been authorized or approved by the Council or the City Manager. [§ 805 Amended by voter petition initiative on 11/5/24. Measure W]

SECTION 806 OATH OF OFFICE.

Each officer of the City, before entering upon the duties of the office, shall take the oath of office as provided for in the Constitution of this State, and shall file the same with the City Clerk. [§ 806 Amended by voter petition initiative on 11/5/24. Measure W]

SECTION 807 ADMINISTERING OATHS.

Each department head and deputy shall have the power to administer oaths and affirmations in connection with any official business pertaining to that department. [§ 807 Amended by voter petition initiative on 11/5/24. Measure W]

SECTION 808 OFFICIAL BONDS.

The Council shall fix by ordinance the nature, amount and terms of the official bonds of all officials or employees who are required by ordinance to qualify for such bonds; provided, however, that all officers and employees having custody or control of public funds shall be required to be bonded. All bonds shall be executed by a 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.

SECTION 809 FINANCIAL INTEREST PROHIBITED.

The provisions of Article 4, Chapter 1, Division 4, Title 1 of the Government Code of the State of California as the same now exists or may hereafter be amended, relating to prohibitions applicable to specified officers, shall apply in the City.

SECTION 810 NEPOTISM.

The 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 Council nor shall any department head or other officer having appointive power appoint any relative within such degree to any such position. [§ 810 Amended by voter petition initiative on 11/5/24. Measure W]

SECTION 811 DISCRIMINATION.

Except as otherwise provided by the general laws of this State heretofore or hereafter enacted, no person employed by the City or seeking employment therewith shall be employed, refused employment, promoted, demoted, disciplined or discharged or in any way favored or discriminated against because of political opinion or affiliations, or membership in a lawful employees association, or because of race or religious belief.