in the building, maintenance or repair of streets, operated by the city, shall be under the supervision of and be conducted by said department. The chief officials—general. officials; SEC. 30. (1) The chief officials of the city shall be a city The chief attorney; a treasurer, who shall be ex officio tax collector; a general. city clerk; a city engineer; a chief of police; a chief of the fire department; a street superintendent; a health officer and a superintendent of the electrical department. The council shall by ordinance prescribe the duties of all the chief officials; and no enumeration in this charter of the duties of any chief official shall be construed as limiting the power of the council to impose on him other duties not inconsistent with this charter. The council, at any time, by an affirmative vote of four members, may consolidate and place in charge of one such chief official the functions and duties of two or more such chief officials. The council shall have the power by the affirmative vote of three (3) members to remove from office any of the chief officials of the city. The appointment of every chief official, not appointed by the council, shall be subject to confirmation by the council. The city attorney. (2) The city attorney shall be appointed by the council. The city He must be at the time of his appointment a citizen of the attorney. United States and qualified to practice in all the courts of this state, and he must have been so qualified, and have been a resident of the city of Oakland, for five years next preceding his appointment. He shall prosecute and defend for the city all actions at law or in equity and all special proceedings for or against the city, and shall represent the city in all other actions or proceedings in which the rights and interests of the city are concerned; and whenever any cause of action in law or in equity or by special proceeding exists in favor of the city he shall commence the same when directed to do so by the mayor or by the council. He shall give legal advice in writing to all officers and boards named in this charter when requested in writing so to do by them, or any of them, upon questions arising in their separate departments involving the rights or liabilities of the city. The form and legality of all contracts made by the city or by any officer or board thereof shall be submitted to and passed on by the city attorney before execution. He shall not settle or dismiss any litigation for or against the city under his control unless upon his written recommendation he is ordered so to do by the council. He shall keep on file in his office all written opinions given by him to any officer, board or department, the briefs and transcripts used in causes where he appears, and bound books of record and registry of all actions or proceedings under his charge in which the city is interested. He shall deliver all books and records, reports, documents, The treasurer and ex officio tax collector. The city clerk. The city engineer. papers, statutes, law books and property of every description in his possession belonging to his office, or to the city, to his successor in office, who shall give him duplicate receipts therefor, one of which he shall file with the auditor. The treasurer and ex-officio tax collector. (3) The treasurer shall be assigned to the department of revenue and finance, and shall be appointed by the commissioner of revenue and finance. The treasurer shall be ex officio tax collector. As tax collector he shall perform the duties in this charter and by the general laws of the state provided. As treasurer he shall receive and pay out all moneys belonging to the city, and all other moneys provided to be paid into the treasury by this charter, and shall keep an account of all receipts and expenditures under such rules and regulations as may be provided by ordinance or the provisions of this charter. The treasurer shall not receive any moneys unless the payment of the same is accompanied by the certificate of the auditor, stating the amount of the same, to what fund applicable and by whom to be paid. For all moneys received the treasurer shall give a duplicate receipt, one of which shall be countersigned by the auditor before delivery to the party making payment, and the other shall be delivered to and retained by the auditor. The treasurer shall not pay out any money belonging to the city except upon claims presented, allowed and audited in the manner provided by this charter. The treasurer shall make monthly statements to the council of the receipts and expenditures of the preceding month. At no time shall the weekly balance in the vaults of the treasury exceed the sum of twenty thousand (20,000) dollars; provided, that applications are on file with the treasurer from a bank or banks in the city of Oakland for the deposit of city money in accordance with the laws of the state. The treasurer shall perform such other duties as may be designated by ordinance or the provisions of this charter. The city clerk. He (4) The city clerk shall be appointed by the council. shall be clerk of the council. He shall be custodian of all deeds and of all other evidences of the title to property of the city. He shall deliver all such deeds and other evidences of title to his successor in office who shall give him duplicate receipts therefor, one of which he shall file with the auditor. The city engineer. (5) The city engineer shall be assigned to the department of public works and shall be appointed by the commissioner of public works; he shall be a civil engineer of not less than five years' practical experience as such; he shall possess the same power in the city in making surveys, plats and certificates as is given by law to city engineers or to county surveyors, and his official acts and all plats, surveys and certifi cates made by him shall have the same validity and be of the same force and effect as are given by law to those of city engineers or county surveyors. He shall be the custodian of and responsible for all maps, plans, profiles, field notes and other records and memoranda belonging to the city, pertaining to his office and the work thereof, all of which he shall keep in proper order and condition with full indexes thereof and shall turn over the same to his successor, who shall give him duplicate receipts therefor, one of which he shall file with the auditor. All maps, plans, profiles, field notes, estimates and other memoranda of surveys and other professional work made or done by him or under his direction or control during his term of office shall be the property of the city. Police and fire chiefs and health officer. fire chiefs (6) The chief of police, the chief of the fire department Police and and the health officer shall be assigned to the department of and health public health and safety, and shall be appointed by the com- officer. missioner of public health and safety. Superintendent of streets. tendent of (7) The superintendent of streets and the assistant super- Superinintendent of streets shall be assigned to the department of streets. streets and shall be appointed by the commissioner of streets. During the absence or disability of the superintendent of streets the assistant superintendent of streets shall act as superintendent of streets pro tempore and shall have his powers and duties. The superintendent of streets shall be a civil engineer of at least five years' practical experience as such. Superintendent of electrical department. tendent of (8) The superintendent of the electrical department shall Superinbe assigned to the department of public health and safety and electrical shall be appointed by the commissioner of public health and departsafety. Subordinate officers and employees. ment. officers and SEC. 31. The council shall have the power by ordinance to Subordi create, consolidate and discontinue officers, deputyships, assist-nate antships and employments other than those prescribed in this employees. charter. The council shall also have the power, except as otherwise provided in this charter, to prescribe the methods by which such offices, deputyships, assistantships and employments shall be filled, and the duties pertaining thereto, and also the method by which any such office, deputyship, assistantship or employment shall be declared vacant and the holder thereof removed therefrom. Compensation of officers and employees. sation of SEC. 32. The compensation of all city officers, officials or Compenemployees not fixed in this charter shall be fixed by the council, officers and except where this charter provides that such officials or em- employees. Pension for super ployees shall receive no compensation or that their compensation shall be fixed by a person, board or body other than the council. No officer, official or employee of the city shall receive from any source any fee, perquisite, emolument, reward or compensation other than the compensation provided for in this charter or by the council. All fees collected by any officer, official or employee of the city shall be paid by him into the city treasury. Pension for superannuated employees. SEC. 33. Whenever any employee of the city of Oakland, annuated except a member of the police or fire department, shall have employees. been continuously employed in the service of the city for a period of twenty-five years and shall have attained the age of sixty-five years the council shall have the power upon the unanimous recommendation of the civil service board to retire said person and shall have the power to order to be paid to said person so retired a pension during the remainder of his life. Said pension shall not exceed a sum equal to one-half of the salary paid to said employee at the time of his retirement. Reports of depart ments. Commis hold no other office. Reports of departments. SEC. 34. The mayor and commissioners comprising the council, the auditor, the treasurer, the chief of police, the chief of the fire department, the board of library directors, the board of park directors, the board of play ground directors, the health officer and all other officers, officials and boards shall each of them render annually, or oftener if required by the council, a full and complete written report of the business transacted by each of them and their subordinates subsequent to the rendering of their last previous report, together with comments on and recommendations for the betterment of the work of their offices. Such reports shall be filed with the city clerk. The council shall have the power to order such of said reports printed in pamphlet form as it may deem advisable to be so printed. Commissioners to hold no other office. SEC. 35. No commissioner shall hold any other municipal sioners to office or any other office or employment, the compensation for which is paid out of any city moneys; or be appointed or elected to any office created by the council or the compensation of which is increased by the council while he is a member thereof, until at least one year shall have expired after the expiration of the term for which he was elected. Officers not to be interested in contracts or Officers not to be interested in contracts or franchises. SEC. 36. No officer or employee shall as agent, attorney or otherwise, be directly or indirectly interested in any contract, work or business of the city, or in the sale of any article, the franchises. expense, price or consideration of which is paid for from the treasury or by assessment levied by municipal authority; nor in the purchase or lease of any real estate or other property belonging to the city or which shall be sold for taxes or assess ments or by virtue of legal process at the suit of the city. No officer or employee, except call men or extra men employed in the fire department of the city shall be in the employ of any public service corporation in the city. Any violation of the provisions of this section shall be cause for removal from office. The council shall enforce the provisions of this section by appropriate legislation. Payment of debts. of debts. SEC. 362. Failure of any employee to promptly pay any Payment legal indebtedness for the necessaries of life contracted by him while in the service of the city shall be ground for his removal from such employment. to direct do other official No officer to direct subordinate to do other than official service. SEC. 37. No officer or employee of the city of Oakland shall No officer detail or cause any officer, employee or subordinate officer of suborthe city of Oakland, or any part thereof, to do or perform any dinate to service of work outside of his public service, work or employ- than ment, and any violation of this section shall constitute a misde- service. meanor, punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months. City officers and employees not to hold other public offices of profit. cers and not to public SEC. 38. No person holding any office, position or employ- City offi ment under the city government shall be eligible to or hold employees any other elective or appointive office under the government hold other of the city of Oakland. And no person holding any office, as of position or employment under the city government carrying profit. with it a salary or emoluments of more than fifty (50) dollars per month, paid out of any money of the city shall hold any such position under the city government while holding any office or position of profit under the government of this state, of any other state, of the United States or of any other nation, government or country. The council shall pass such ordinances or resolutions as may be necessary to carry out the provisions hereof. ARTICLE VIII. THE COUNCIL. The council, the governing body. cil, the SEC. 39. The council shall be the governing body of the The counmunicipality. It shall exercise the corporate powers of the governing city, and, subject to the express limitations of this charter, shall body. be vested with all powers of legislation in municipal affairs adequate to a complete system of local government consistent with the constitution of the state. President and vice-president. and vice SEC. 40. The mayor shall be president of the council and President shall preside at its meetings when present. The council shall president. elect one of its number to be vice-president. |