Chapter 2.05
CITY OFFICERS

Sections:

2.05.010    Officers designated.

2.05.020    Elected officials.

2.05.030    Filling of vacancies in elective offices.

2.05.040    Compensation generally.

2.05.050    Mayor.

2.05.060    City clerk.

2.05.070    City treasurer.

Prior legislation: Ords. 4, 408, 605, 860, 883 and 942 and Code 1997 §§ 2-2, 2-2.2, 2-2.4 and 2-2.5.

For state law designating the officers of the city, see Gov. C. § 36501.

2.05.010 Officers designated.

The government of the city shall be vested in the following officers:

A. A city council of five members.

B. A city manager.

C. A city clerk.

D. A city treasurer.

E. Such subordinate officers or employees as are provided for by law, and deemed necessary by the city council for the proper administration of the municipal government. (Ord. 1085 § 1 (Exh. A))

2.05.020 Elected officials.

The elective officers of the city shall be the five city councilmembers, the city clerk and the city treasurer.

No person shall be eligible to hold office as a city councilmember, as a city clerk or as a city treasurer unless such person is a registered voter of the city at the time nomination papers are issued. (Ord. 1085 § 1 (Exh. A))

2.05.030 Filling of vacancies in elective offices.

If a vacancy occurs in an elective office provided for in this chapter, the city council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. (Ord. 1085 § 1 (Exh. A))

2.05.040 Compensation generally.

A. Each member of the city council shall receive monthly compensation in an amount authorized and set forth in the California Government Code. The city council may increase that amount by resolution as permitted by the California Government Code.

B. Salaries and benefits of all other elected and appointed officers shall be as set forth by separate resolution of the city council. (Ord. 1085 § 1 (Exh. A))

2.05.050 Mayor.

A. The city council shall, at its first meeting, select a mayor and mayor pro tempore.

B. The mayor pro tempore shall have all of the powers and duties of the mayor in the mayor’s absence.

C. The mayor may make or second any motion and present and discuss any matter as a member of the city council.

D. The mayor shall sign all written contracts and conveyances made or entered into by the city and all instruments requiring the city seal, unless the council otherwise directs.

E. The mayor may administer oaths and affirmations, take affidavits and certify them under his or her hand.

F. The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged. (Ord. 1085 § 1 (Exh. A))

2.05.060 City clerk.

A. The term of office for the city clerk shall be four years from and after the date of his or her election. The newly elected city clerk shall assume office at the next regular council meeting after their election has been certified by the elections department of the county of El Dorado.

B. The city clerk shall be exempt from the merit system. All employees of the offices of the city clerk shall be appointed by the city clerk with the approval of the city manager and shall serve at the pleasure of the city clerk. All employees of the offices of the city clerk shall enjoy those rights, obligations and benefits conferred by the merit system of the city.

C. The clerk shall be the custodian of the city seal. When the seal of this city is required in the execution of a public security or instrument of payment, as such terms are defined in Section 5500 of the State Government Code, the clerk may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon.

D. The city clerk may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state.

E. The city clerk shall perform the following duties:

1. 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. The city clerk shall keep a book marked “Ordinances” and record in it all city ordinances with a certificate annexed to each, stating the following: it is a true and correct copy of a city ordinance; the ordinance number; and it has been published or posted pursuant to law.

3. Attend all city council meetings and executive sessions; provided, that only upon the request of the city council shall the city clerk attend any executive session held for the purpose of discussing personnel issues, as permitted by law.

4. Prepare official minute orders of city council public proceedings.

5. Greet citizens and accept telephone calls to the city council and, on behalf of the council, schedule appointments and meetings.

6. Receive documents addressed to the city council.

7. Attend each pre-agenda conference, with the city manager and city attorney, for the purpose of advising and being advised of the status of documents addressed to the council.

8. Set and publish city council public hearing notices.

9. Act as secretary to various council boards and committees, as requested by the city council or any member thereof.

10. Compose proclamation, tribute or recognition resolutions, as requested by the city council or any member thereof.

11. Prepare the city clerk’s budget in accordance with established procedures.

12. Serve as the custodian of record for official city records.

13. Certify copies of official city records or papers.

14. Maintain a follow-up system so as to notify the proper agency or department as to expiration dates of agreements, leases, bonds, insurance policies, franchises and special permits.

15. Index, file, and maintain the original of all bids, contracts and deeds.

16. Attest, publish, index, distribute and file ordinances, resolutions and subpoenas.

17. Conduct elections and annexation proceedings as required by law or as stipulated by the appropriate public entity.

18. Perform required duties in connection with improvement district proceedings.

19. File affidavits of completion on annexation or exclusion of territory from the boundaries of the city.

20. Countersign city bonds.

21. Accept and certify petitions, council nomination papers and other official documents.

22. Be responsible for registration of voters.

23. File name change instruments for streets.

24. Assist citizens requesting information or help on city matters or direct them to the proper city department.

F. The city clerk shall be a full-time officer of the city and shall maintain a work schedule consistent with city department heads and other “exempted” professional employees of the city. (Ord. 1085 § 1 (Exh. A))

2.05.070 City treasurer.

A. The term of office for the city treasurer shall be four years from and after the date of their election. The newly elected city treasurer shall assume office at the next regular council meeting after their election has been certified by the elections department of the county of El Dorado.

B. From time to time the city treasurer shall sell the securities in which city funds have been invested so that the proceeds may be applied to the purposes for which the original purchase money was designated or placed in the city treasury.

C. The city treasurer shall make a monthly report of all investment transactions to the city council.

D. The city treasurer is authorized to deposit for safekeeping with a trust company or a state or national bank located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof located within this state or with any Federal Reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System the securities in which the city funds have been invested; provided, however, that the city treasurer shall take from such trust company or bank a receipt for the securities so deposited and shall not be responsible for such securities delivered to and receipted for by such trust company or bank until they are withdrawn therefrom by the city treasurer.

E. The city treasurer shall be exempt from the merit system. (Ord. 1085 § 1 (Exh. A))