Chapter 2.03
CITY CLERK
Sections:
2.03.010 Office created.
2.03.020 Duties generally.
2.03.040 Salary.
2.03.070 Departmental cooperation.
2.03.080 Term of office.
2.03.090 Bond required.
2.03.100 Vacancy of office.
2.03.010 Office created.
The office of the city clerk is created and established. There shall be one city clerk who shall hold office as an elected official. No person shall hold the office of city clerk unless such person has the qualifications required by the Government Code of the state of California. (Ord. 474-93 § 1 (part), 1993)
2.03.020 Duties generally.
A. It shall be the duty of the city clerk to devote his/her entire time to the duties of the office in the interest of the city. The city clerk shall perform all duties as prescribed by law, this code, by resolution, or as further directed by the city council. Such duties may extend to the redevelopment agency, or other boards and commissions. Pursuant to Government Code Sections 40805.5 and 37209, Government Code Sections 37201 through 37208 shall be performed by the finance director or the city clerk’s appointee, and further provided that the ex-officio assessor duties provided by the Government Code Section 40810 shall be preformed by the city clerk, county officers or city clerk’s appointee.
B. The principal functions of the city clerk shall be:
1. To keep an accurate record of the proceedings of the city council in books bearing appropriate titles and devoted exclusively to such purposes. The books shall have a comprehensive general index;
2. Keep all ordinance and resolution of the council as required by Sections 40806 and 40807 of the Government Code;
3. Assure that record of council meetings and council correspondence are kept in such a manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed, or recorded and the original thereof destroyed, in accordance with state laws;
4. Be the custodian of the seal of the city pursuant to Government Code Section 40811;
5. Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the city and certify copies of the official record pursuant to Government Code Section 40814;
6. The city clerk shall perform all duties required by a city clerk with respect to the conduct of municipal elections as set forth in the Elections Code of the state of California;
7. Be responsible for the publication of official notices of the city as required by Government Code Section 36933;
8. Receive all claims filed against the city and its officers, agents or employees pursuant to the provisions of the Government Code of the state, Section 915 et seq;
9. Receive documents to the city clerk or city council and immediately forward a copy of each to the city manager for presentation to the city council in due course. The original of each document shall remain with the city clerk;
10. Assist the city manager, as requested, in the preparation of the city council agenda or such other agenda as may from time to time be required;
11. Assure compliance with directives, administration procedures or policies as may be determined by the city manager which are not otherwise provided for by the Government Code. (Ord. 474-93 § 1 (part), 1993)
2.03.040 Salary.
The city council shall, by resolution, from time to time, establish the salary to be paid to the city clerk for the performance of the foregoing duties.
On the job training and consulting services to a newly elected city clerk may be provided by the outgoing city clerk, with a training stipend, which may be negotiated by the city manager and approved by council, to be paid to the outgoing city clerk. (Ord. 474-93 § 1 (part), 1993)
2.03.070 Departmental cooperation.
The certified city clerk shall maintain cooperative relationships with all elected and appointed officials within the city, and shall maintain a work schedule consistent with other city department heads and other confidential professional employees of the city. (Ord. 474-93 § 1 (part), 1993)
2.03.080 Term of office.
The initial term of office shall be until the first Tuesday in November, 1996, and until the successor is elected and qualified. All succeeding terms of office shall be for four years and until the successor is elected and qualified. Should a vacancy occur in the office during the normal term, such vacancy shall be filed according to the applicable Government Code Statute of the state of California.
A. The city council shall take the action specified by this section to fill any vacancy occurring in the office of city clerk. The council shall fill the vacancy, either by appointment or call a special election to fill the vacancy. Such special election shall be held on the next regularly established election date not less than ninety days from the call of the special elections. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent.
B. If the vacancy is to be filed by elections, the city council shall follow the procedure for special elections in the Elections Code. The city council will not normally schedule a special election to fill a vacancy where the unexpired term is less than one year and need not do so in any case. (Ord. 474-93 § 1 (part), 1993)
2.03.090 Bond required.
The city clerk upon assuming his or her duties of office shall execute a bond for the city in conformity with the provisions of Government Code in the amount established by the city council of public officers. (Ord. 474-93 § 1 (part), 1993)
2.03.100 Vacancy of office.
Whenever a vacancy shall occur in the office of city clerk, whether by resignation, removal for cause, death or other disability, the city manager is automatically appointed to fill the vacancy temporarily until a successor is appointed or elected, unless he is already acting as clerk or treasurer, in which case department head shall fill the vacancy. (Ord. 474-93 § 1 (part), 1993)