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.