THE CHARTER OF THE CITY OF TORRANCE
ARTICLE 6 - ELECTIVE OFFICERS
SECTION 600. ELECTIVE OFFICERS.
SECTION 601. ELIGIBILITY FOR ELECTIVE OFFICE.
SECTION 602. TERMS.
SECTION 603. VACANCIES.
SECTION 604. COMPENSATION.
SECTION 610. THE MAYOR.
SECTION 620. CITY CLERK.
SECTION 621. SPECIAL POWERS AND DUTIES OF THE CLERK.
SECTION 630. CITY TREASURER.
SECTION 640. ELECTION AS TO MAKING CLERK OR TREASURER APPOINTIVE OFFICES.
SECTION 650. POLITICAL ACTIVITY OF THOSE UNDER SYSTEM.
SECTION 600. ELECTIVE OFFICERS.
The elective officers of the City shall be the Mayor, six members of the
City Council, five members of the Board of Education, the City Clerk and the
City Treasurer. No person shall be a candidate for more than one of said offices
at any municipal election. (Ratified Spec. Mun. Elec. 10/29/57), Amend. No. 2;
Approved by State Legislature Concurrent Res. No. 1 on 2/4/58).
SECTION 601. ELIGIBILITY FOR ELECTIVE OFFICE.
No person shall be eligible to hold any elective office in this City
unless he be a resident and elector therein and shall have resided in such City
for at least thirty (30) days next preceding the date of his filing of
nomination papers. If an elective officer shall cease to possess any of the
qualifications for office herein set forth, or shall be convicted of a crime
involving moral turpitude, or shall resign, or be adjudged an incompetent, his
office shall immediately become vacant. In case a member of the City Council or
Board of Education absents himself from all regular meetings of the body to
which he shall belong, for a period of sixty (60) days consecutively, from and
after the last regular meeting of such body attended by said member, unless by
the expressed permission of such body duly recorded in its official minutes, his
office shall automatically become vacant and the same shall be filled as in case
of other vacancies. (Ratified Gen. Mun. Elec. 3/2/76, Amend. No. 1; Filed with
Sec’y of State 4/2/76).
SECTION 602. TERMS.
a) The elective officers of the City shall be elected from the City at
large and, except members of the Board of Education, shall hold office for a
term of four (4) years from and after the Tuesday next succeeding the date of
such election and until their successors are elected and qualified. (Ratified
Gen. Mun. Elec. 4/10/62, Amend. No. 2; Approved by State Legislature Concurrent
Res. No. 21 on 4/13/62).
b) No person shall be elected as Mayor for more
than two (2) consecutive full terms; provided, however, that such person may be
successively elected to additional terms as Mayor in full compliance with this
subsection where the first of such two (2) full terms succeeds the term of
another person.
c) Any person elected as a member of the City Council for
two (2) consecutive full terms shall not be eligible to hold office as a member
of the City Council until a period of four (4) years has elapsed from the
expiration of the second consecutive term. Appointment or election to an
unexpired term shall not count in determining a person’s eligibility under
this section. Terms completed prior to this provision taking effect, shall not
be counted in determining a person’s eligibility under this section. Terms
which are in progress at the time this provisions goes into effect, shall count
as the first term of the two (2) term limit. (Ratified Spec. Mun. 11/2/76, Amend
No. 1; Filed with Sec’y of State 3/25/77, Amend. No. 3; Filed with
Sec’y of State 12/31/92).
SECTION 603. VACANCIES.
a) Any vacancies occurring in any of the elective offices provided for in
this Charter, other than of members of the Board of Education, shall be filled
by appointment by the City Council. Vacancies in the Board of Education shall be
filled by appointment by the Board of Education.
b) In the event of the City
Council or the Board of Education, respectively, failing to fill a vacancy by
appointment within thirty (30) days after such vacancy occurs, the City Council
or the Board of Education, as the case may be, must immediately, after the
expiration of said thirty (30) days, cause an election to be held to fill such
vacancy.
c) Any person appointed or elected to fill any vacancy on the City
Council shall hold office only until the next regular municipal election at
which time a person shall be elected to serve for the remainder of such
unexpired term. Any person appointed or elected to fill a vacancy on the Board
of Education shall hold office for the remainder of the unexpired
term.
d) In the election of member of the City Council or members of the
Board of Education, where full terms and one (1) or more unexpired terms are to
be filled, no distinction shall be made in nomination or voting between the full
terms and the unexpired terms but the person or persons elected by the highest
number of votes shall be elected for the full terms or term and the persons
receiving the next highest vote shall be elected for the unexpired terms or
term, as the case may be. (Ratified Spec. Mun. Elec. 11-5-74; filed with
Sec’y of State 1-9-75).
SECTION 604. COMPENSATION.
The members of the Board of Education shall receive no compensation for
their services as such. The members of the City Council shall receive
compensation in the amount of One Hundred Dollars ($100.00) per month, payable
on the same dates as City employees, and in addition thereto shall receive their
actual and necessary expenses while engaged on City business at the direction of
the City Council. Any member of the City Council making demand for reimbursement
for traveling or other expenses shall provide the Director of Finance with
vouchers covering such expenses, together with a sworn statement to the effect
that such expenses were actually incurred in good faith by said party while on
official City business. The compensation of any member of the City Council
appointed or elected to fill a vacancy shall be the same as that payable to such
member whose office was vacated. (Ratified Gen. Mun. Elec. 4/10/56, Amend. No.
1; Approved by State Legislature Concurrent Res. No. 3 on 1/9/57). (Ratified
Gen. Mun. Elec. 3/2/76; Amend No. 3; Filed with Sec’y of State 4/2/76).
(Ratified Gen. Mun. Elec. 3/7/8, Amend. No. 7, Filed with Sec’y of State
3/20/78, Recorded with County Recorder, Los Angeles County 6/20/78).
SECTION 610. THE MAYOR.
The Mayor shall preside at the meetings of the City Council, and in case
of his absence or inability to act, the City Council shall appoint a Mayor Pro
Tempore, who shall serve only until such time as the Mayor returns and is able
to act, and for such period shall have all the powers and duties of the Mayor.
The Mayor shall be a member of the City Council for all purposes and shall have
all the rights, powers and duties of a member of the City Council in addition to
those powers and duties conferred upon him by virtue of his office as Mayor.
Unless otherwise expressly provided to the contrary, any provision in this
Charter which relates to the City Council or to members of the City Council
shall be interpreted to include the Mayor as a member of the City Council. The
Mayor shall sign all warrants drawn on the City Treasury, and shall sign all
written contracts required by ordinance to be approved by the City Council and
all conveyances made up or entered into by said City. The Mayor shall have the
power to administer oaths and affirmations, to take affidavits and to testify
the same under his hand. The Mayor is authorized to acknowledge the execution of
all instruments executed by said City that are required to be acknowledged.
(Ratified Spec. Mun. Elec. 10/29/57, Amend. No 2; Approved by State Legislature
Concurrent Res. No. 1 on 2/4/58). (Ratified Gen. Mun. Elec. 3/7/78, filed with
Sec’y of State 3/27/78, Recorded with County Recorder, Los Angeles County
6/20/78).
SECTION 620. CITY CLERK.
It shall be the duty of the City Clerk to keep a full and true record of
all the proceedings of the City Council in books that shall bear appropriate
titles and be devoted exclusively to such purposes, respectively. Such books
shall have a general index sufficiently comprehensive to enable a person readily
to ascertain matters contained therein.
The City Clerk shall keep a book
marked Ordinances into which he shall record all City ordinances with his
certificate annexed to each of said ordinances stating the same to be a true and
correct copy of any ordinance of said City, giving the number of said ordinances
and stating that the same has been published or posted according to law. Said
record with said certificate shall be prima facie evidence of the contents of
each ordinance and of the passage and publication of the same and shall be
admissible as such evidence in any court or proceedings.
The official
records of the City in the custody of the City Clerk shall not be filed in any
court proceedings or other action but shall be returned to the custody of the
City Clerk. Nothing herein contained shall be construed to prevent the proof of
the passage and publication of ordinances in the usual way. The City Clerk shall
be the custodian of the seal of the City.
The City Clerk may appoint a
deputy, or deputies, from an eligible list to be prepared in accordance with the
proceedings prescribed in the civil service system of the City, such deputy or
deputies to receive such compensation as may be provided for by the City
Council.
The City Clerk and his deputy, or deputies, shall have power to
administer oaths or affirmations, to take affidavits and depositions pertaining
to the affairs and business of the City, which may be used in any court or
proceedings in the State, and to certify the same. (Ratified Gen. Mun. Elec.
4/10/56, Amend. No. 7; Approved by State Legislature Concurrent Res. No. 3 on
1/9/57).
The salary of the City Clerk shall be determined by the City
Council. (Ratified Gen. Mun. Elect. 3/2/76, Amend. No. 3; Filed with Sec’y
of State 4/2/76).
The City Clerk shall devote his entire time to the
interests of the City, and shall be entitled to receive expenses, vacation
periods and sick leave, with pay, the same as prescribed by the civil service
ordinances of the City for heads of departments. (Ratified Gen. Mun. Elec.
4/14/64, Amend. No. 1 ; Approved by State Legislature Concurrent Res. No. 62 on
5/7/64).
SECTION 621. SPECIAL POWERS AND DUTIES OF THE CLERK.
a) The City Clerk shall keep at least one (1) original copy of each
contract and conveyance executed or accepted by direction of the City Council.
Said documents shall be kept in a secure manner and sufficiently indexed to
enable a person readily to ascertain matters contained therein.
b) The City Clerk shall maintain a central records system for storage of
all records of the various City departments referred by the various departments.
Such records shall be readily available to the various departments and the
public. Said documents may be retained either in their original state or as
photographed, microphotographed, or reproduced on film in a form approved for
permanent photographic records by state law. Said documents shall be
sufficiently indexed to enable a person readily to ascertain matters contained
therein.
c) The City Clerk shall supervise all micrographic or other record
reproduction functions pertaining to City records retention under his
control.
d) The City Clerk, subject to the provisions of Section 500 of this
Charter, shall conduct all municipal elections as shall be required by law, and
shall keep and maintain the necessary records and facilities for registering
voters, administering oaths of office, and accepting the filing of election and
campaign documents in accordance with law.
e) The City Clerk shall be the agent for service of legal process on the
City of Torrance.
f) The City Clerk shall conduct openings of bids for public works projects
undertaken by the City.
g) The City Clerk shall acknowledge the execution of all instruments
executed by the City that are required to be acknowledged.
h) The City Clerk shall have such other powers and perform such other
duties not otherwise delegated or in conflict with this Charter as may be
assigned by the City Council.
i) The City Clerk may delegate and/or redelegate the performance of any of
the foregoing duties among employees of the Clerk’s office.
j) The City Clerk, or Deputy City Clerk may attest the signatures of City
officials on written contracts or conveyances. (Ratified Gen. Mun. Elec. 3/7/78;
Amend. No. 1; Filed with Sec’y of State 3/27/78; Recorded with County
Recorder, Los Angeles County 6/20/78).
SECTION 630. CITY TREASURER.
It shall be the duty of the City Treasurer to receive and safely keep all
moneys which shall come into his hands as City Treasurer. He shall comply with
all provisions of law governing the deposit and securing of public funds. He
shall also comply with all the provisions of the general laws of the State
governing the handling of such trust funds as may come into his possession. He
shall pay out moneys only on warrants signed by persons designated by law, or
ordinance, as the proper persons to sign warrants and as to trust funds which
may come into his possession or control by virtue of some law, ordinance or
resolution, by warrant or other order, in accordance with the provisions of such
law, ordinance or resolution. He shall at regular intervals, at least once each
month, submit to the Director of Finance a written report and accounting of all
receipts, disbursements and fund balances, a copy of which report he shall file
with the City Council.
The City Treasurer may appoint a deputy, or deputies,
from an eligible list to be prepared in accordance with the proceedings
prescribed in the civil service system of the City, such deputy or deputies to
receive such compensation as may be provided by the City Council. (Ratified Gen.
Mun. Elec. 4/10/56, Amend. No. 8; Approved by State Legislature Concurrent Res.
No. 3 on 1/9/57).
SECTION 640. ELECTION AS TO MAKING CLERK OR TREASURER APPOINTIVE OFFICES.
The City Council may submit to the electors at any special or general
municipal election, the question as to whether the City Clerk or City Treasurer,
or either of them, shall be appointed by the City Council instead of being
elected, as provided in this Charter. If a majority of votes cast on any such
proposition are in favor of the appointment of such officers, or either of them,
then at the expiration of any such official’s term of office, or on the
occurrence of a vacancy in such office, such office shall be filled by
appointment by the City Council and the appointee shall hold office in the same
manner as other appointive officers.
SECTION 650. POLITICAL ACTIVITY OF THOSE UNDER SYSTEM.
No person in the classified service of the City shall seek or accept
election, nomination or appointment as an officer of a political club, or
organization or take an active part in a county or municipal campaign or serve
as a member of a committee of such club, organization or circle, or seek
signatures to any petition or act as a worker at the polls, or distribute
badges, pamphlets, dodgers or handbills of any kind, favoring or opposing any
candidate for election, or for nomination to a public office or for nomination
to a county or municipal public office; provided, however, that nothing in this
Act shall be construed to prevent any such officer or employee from becoming or
continuing to be a member of a political group or organization, or from
attendance at a political meeting, or from enjoying entire freedom from all
interference in casting his vote or from seeking or accepting election or
appointment to any public office.
Any willful violation hereof, or violation
through culpable negligence shall be sufficient grounds for the discharge of any
such officer or employee.
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