SECTIONS 36501-36525 - California Statutes

GOVERNMENT CODE

SECTION 36501-36525

36501. The government of a general law city is vested in:
(a) A city council of at least five members.
(b) A city clerk.
(c) A city treasurer.
(d) A chief of police.
(e) A fire chief.
(f) Any subordinate officers or employees provided by law.

36501.5. Every employee has the right to inspect personnel records
pursuant to Section 1198.5 of the Labor Code

36502. (a) A person is not eligible to hold office as
councilmember, city clerk, or city treasurer unless he or she is at
the time of assuming the office an elector of the city, and was a
registered voter of the city at the time nomination papers are issued
to the candidate as provided for in Section 10227 of the Elections
Code.
If, during his or her term of office, he or she moves his or her
place of residence outside of the city limits or ceases to be an
elector of the city, his or her office shall immediately become
vacant.
(b) Notwithstanding any other provision of law, the city council
of a general law or charter city may adopt or the residents of the
city may propose, by initiative, a proposal to limit or repeal a
limit on the number of terms a member of the city council may serve
on the city council, or the number of terms an elected mayor may
serve. Any proposal to limit the number of terms a member of the city
council may serve on the city council, or the number of terms an
elected mayor may serve, shall apply prospectively only and shall not
become operative unless it is submitted to the electors of the city
at a regularly scheduled election and a majority of the votes cast on
the question favor the adoption of the proposal. Notwithstanding the
provisions of this subdivision, the provisions of any city charter
that, on January 1, 1996, impose limitations on the number of terms a
member of the city council may serve on the city council, or the
number of terms an elected mayor may serve, shall remain in effect.
Unless otherwise prohibited by a city charter, any city charter may
be amended pursuant to this section or pursuant to the procedures
specified in the charter, to include the limitation authorized in
this subdivision.

36502.5. Notwithstanding the provisions of Section 36502, the city
council of the City of Tustin may adopt by ordinance a proposal to
limit the number of terms a member of the city council may serve on
the city council without submitting the proposal to the electors of
the city for approval, provided that a proposal containing those same
provisions was submitted to the electors of the City of Tustin at a
regularly scheduled election and a majority of the votes cast on the
question favored the adoption of the proposal.
Any ordinance adopted pursuant to this section shall apply
prospectively from the effective date of this section.

36503. Unless otherwise required by Section 57379, a general
municipal election shall be held on a date prescribed by Section 1301
of the Elections Code. Except as otherwise provided in this title,
all elective city offices shall be filled by the city electorate at a
general municipal election. City officers holding elective city
office shall hold office for their prescribed terms from the date of
the installation of officers following adoption by the council of the
official canvass of their election and until their successors are
elected and qualified.

36503.5. Notwithstanding any other provision of law, during the
period commencing the day of a recall election pursuant to Division
11 (commencing with Section 11000) of the Elections Code, of an
elective officer of a city, and ending upon certification of the
election results pursuant to Division 15 (commencing with Section
15000) of the Elections Code, or, if the recall prevails, upon
qualification of the successor declared elected pursuant to Section
11385 of the Elections Code, an elective officer sought to be
recalled shall not expend, or participate in any action that would
commit to expend, city funds.

36505. The city council shall appoint the chief of police. It may
appoint a city attorney, a superintendent of streets, a civil
engineer, and such other subordinate officers or employees as it
deems necessary.

36506. By resolution or ordinance, the city council shall fix the
compensation of all appointive officers and employees. Such officers
and employees hold office during the pleasure of the city council.

36507. Before entering upon his or her duties, each city officer
shall take and file with the city clerk the constitutional oath of
office, except that the councilmember elected at the incorporation
election shall deposit his or her oath with the county elections
official of the county wherein the city is located, to be held by him
or her for delivery to the city clerk at the time as the city clerk
officially assumes office.

36508. At any municipal election, or a special election held for
that purpose, the city council may submit to the electors the
question whether the elective officers, or any of them except council
members, shall be appointed by the city council; provided, however,
that the city council shall not submit such question to the electors
more often than once in an 11-month period.

36509. The question shall be printed on the ballots used at the
election substantially in one of the following forms:
(a) "Shall the offices of city clerk and city treasurer be
appointive "; or
(b) "Shall the office of city clerk be appointive "; or
(c) "Shall the office of city treasurer be appointive "
The words "yes" and "no" shall be so printed on the ballots that
the voters may express their choice.

36510. If a majority of the votes cast on the proposition is for
it, the city council shall appoint such officers at the expiration of
the terms of the officers then in office, and on a vacancy in any
such office. Such officers shall hold office during the pleasure of
the city council and, notwithstanding Section 36502 to the contrary,
are not required to be residents or electors in the city. The city
council may by ordinance vest in the city manager its authority to
appoint such officers.

36511. The petition for incorporation of a city may provide for the
appointment of the elective officers, or any of them except council
members. If it does, a separate election upon the question need not
be held, and upon incorporation the city council shall appoint those
officers.

36512. (a) If a vacancy occurs in an appointive office provided for
in this chapter, the council shall fill the vacancy by appointment.
A person appointed to fill a vacancy holds office for the unexpired
term of the former incumbent.
(b) If a vacancy occurs in an elective office provided for in this
chapter, the 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.
(c) Notwithstanding subdivision (b) and Section 34902, a city may
enact an ordinance that does any of the following:
(1) Requires that a special election be called immediately to fill
every city council vacancy and the office of mayor designated
pursuant to Section 34902. The ordinance shall provide that 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.
(2) Requires that a special election be held to fill a city
council vacancy and the office of mayor designated pursuant to
Section 34902 when petitions bearing a specified number of verified
signatures are filed. The ordinance shall provide that the special
election shall be held on the next regularly established election
date not less than 114 days from the filing of the petition. A
governing body that has enacted such an ordinance may also call a
special election pursuant to subdivision (b) without waiting for the
filing of a petition.
(3) Provides that a person appointed to fill a vacancy on the city
council holds office only until the date of a special election which
shall immediately be called to fill the remainder of the term. The
special election may be held on the date of the next regularly
established election or regularly scheduled municipal election to be
held throughout the city not less than 114 days from the call of the
special election.
(d) (1) Notwithstanding subdivision (b) and Section 34902, an
appointment shall not be made to fill a vacancy on a city council if
the appointment would result in a majority of the members serving on
the council having been appointed. The vacancy shall be filled in the
manner provided by this subdivision.
(2) The city council may call an election to fill the vacancy, to
be held on the next regularly established election date not less than
114 days after the call.
(3) If the city council does not call an election pursuant to
paragraph (2), the vacancy shall be filled at the next regularly
established election date.

36513. (a) If a city councilmember is absent without permission
from all regular city council meetings for 60 days consecutively from
the last regular meeting he or she attended, his or her office
becomes vacant and shall be filled as any other vacancy.
(b) Notwithstanding subdivision (a), if a city council meets
monthly or less frequently than monthly and a city councilmember is
absent without permission from all regular city council meetings for
70 days consecutively from the last regular meeting he or she
attended, his or her office becomes vacant and shall be filled as any
other vacancy.

36514.5. City council members may be reimbursed for actual and
necessary expenses incurred in the performance of official duties.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3.

36515. The compensation of a city council member appointed or
elected to fill a vacancy is the same as that payable to the member
whose office was vacated.

36516. (a) (1) A city council may enact an ordinance providing that
each member of the city council shall receive a salary based on the
population of the city as set forth in paragraph (2).
(2) The salaries approved by ordinance under paragraph (1) shall
be as follows:
(A) In cities up to and including 35,000 in population, up to and
including three hundred dollars ($300) per month.
(B) In cities over 35,000 up to and including 50,000 in
population, up to and including four hundred dollars ($400) per
month.
(C) In cities over 50,000 up to and including 75,000 in
population, up to and including five hundred dollars ($500) per
month.
(D) In cities over 75,000 up to and including 150,000 in
population, up to and including six hundred dollars ($600) per month.
(E) In cities over 150,000 up to and including 250,000 in
population, up to and including eight hundred dollars ($800) per
month.
(F) In cities over 250,000 population, up to and including one
thousand dollars ($1,000) per month.
(3) For the purposes of this subdivision, the population of a city
shall be determined by the last preceding federal census, or a
subsequent census, or estimate validated by the Department of
Finance.
(4) The salary of council members may be increased beyond the
amount provided in this subdivision by an ordinance or by an
amendment to an ordinance, but the amount of the increase shall not
exceed an amount equal to 5 percent for each calendar year from the
operative date of the last adjustment of the salary in effect when
the ordinance or amendment is enacted. No ordinance shall be enacted
or amended to provide automatic future increases in salary.
(b) Notwithstanding subdivision (a), at any municipal election,
the question of whether city council members shall receive a salary
for services, and the amount of that salary, may be submitted to the
electors. If a majority of the electors voting at the election favor
it, all of the council members shall receive the salary specified in
the election call. The salary of council members may be increased
beyond the amount provided in this section or decreased below the
amount in the same manner.
(c) Unless specifically authorized by another statute, a city
council may not enact an ordinance providing for compensation to city
council members in excess of that authorized by the procedures
described in subdivisions (a) and (b). For the purposes of this
section, compensation includes payment for service by a city council
member on a commission, committee, board, authority, or similar body
on which the city council member serves. If the other statute that
authorizes the compensation does not specify the amount of
compensation, the maximum amount shall be one hundred fifty dollars
($150) per month for each commission, committee, board, authority, or
similar body.
(d) Any amounts paid by a city for retirement, health and welfare,
and federal social security benefits shall not be included for
purposes of determining salary under this section, provided that the
same benefits are available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for
actual and necessary expenses pursuant to Section 36514.5 shall not
be included for purposes of determining salary pursuant to this
section.
(f) A city council member may waive any or all of the compensation
permitted by this section.

36516.1. A mayor elected pursuant to Sections 34900 to 34904,
inclusive, may be provided with compensation in addition to that
which he or she receives as a council member. That additional
compensation may be provided by an ordinance adopted by the city
council or by a majority vote of the electors voting on the
proposition at a municipal election.

36516.5. A change in compensation does not apply to a councilman
during his term of office; however, the prohibition herein expressed
shall not prevent the adjustment of the compensation of all members
of a council serving staggered terms whenever one or more members of
such council becomes eligible for a salary increase by virtue of his
beginning a new term of office.

36517. The city clerk and the city treasurer shall receive, at
stated times, a compensation fixed by ordinance or resolution.

36518. Before entering upon the duties of their offices, the city
clerk and city treasurer shall each execute a bond to the city.
Except as otherwise provided, the bonds shall conform to the
provisions of this code relating to bonds of public officers. The
penal sum of the bond shall be in a reasonable amount recommended by
the city attorney and fixed by the city council, by resolution, and
may be changed during their terms of office.

36519. The city council may require bonds of any other officer or
employee of the city.

36520. The city council shall approve all bonds. When approved, the
clerk's bond shall be filed with the mayor, and other bonds shall be
filed with the city clerk.

36521. Except as otherwise provided, all laws relating to the
official bonds of officers apply to bonds required by this chapter.

36522. Any officer or employee collecting or receiving any money
belonging to, or for the use of, the city shall deposit it
immediately in the treasury in the manner prescribed by ordinance for
the benefit of the funds to which it belongs. He shall report such
deposits to, and settle with, the city clerk, or director of finance
if that office has been established by ordinance, on the first Monday
in each month or at such shorter intervals as are prescribed by
ordinance.

36523. By ordinance or resolution, the city council may provide for
a treasurer's departmental trust fund into which collections of the
police department and other officers authorized to make collections
may be deposited at frequent intervals during each month. Officers or
employees shall advise the city treasurer upon making each deposit.

36524. The city treasurer shall make withdrawals from such a fund
only on order signed by the proper department head and for the
following purposes:
(a) Making a refund of bail, which has been exonerated, or other
refundable deposits.
(b) Revolving fund advances authorized by the city council.
(c) Correction of clerical or ministerial errors in the receipt of
payments to the city.
(d) Making settlements with city funds at the end of each calendar
month for collections accumulated during the month.

36525. (a) As used in this section "city auditor" includes an
elected or appointed officer or full-time employee of the city who is
compensated, but does not include an independent contractor.
(b) All books, papers, records, and correspondence of the city
auditor pertaining to his or her work are public records subject to
Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
and shall be filed at any of the regularly maintained offices of the
city auditor. However, none of the following items or papers of which
these items are a part may be released to the public by the city
auditor, or his or her employees:
(1) Personal papers and correspondence of any person providing
assistance to the city auditor when that person has requested in
writing that his or her papers and correspondence be kept private and
confidential. Those papers and that correspondence shall become
public records if the written request is withdrawn or upon the order
of the city auditor.
(2) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed.
(3) Papers, correspondence, or memoranda pertaining to any audit
that has been completed, which papers, correspondence, or memoranda
are not used in support of any report resulting from the audit.