Verbal - Concerning Government Code
TOWN OF Los GATOS OFFICE OF THE TOWN CLERK CIVIC CENTER 110 E. MAIN STREET P.O. Box 2 Los GATOS, CA 95031 MEMO TO COUNCIL CONCERNING GOVERNMENT CODE GENERAL LAW CITIES AND CONFLICT
OF INTEREST CODE THIS MEMO OF 12/20/04 IS DIRECTED THROUGH THE MAYOR TO THE PEOPLE OF LOS GATOS WHO HAVE ELECTED ME TO THE OFFICE OF TOWN CLERK AND WHO rNOW ANSWER TOO. CLERK'S DIRECTIVE
FROM MANAGEMENT TO ONCE A YEAR REPORT ON FPPC FILINGS: NOT POSSIBLE UNDER CURRENT CIRCUMSTANCES The Fair Political Practices Commission requires each municipality to review its conflict-of-interest
code for needed amendments at least on a biennial basis. Our Town has had a conflict-of-interest requirement since 1968 so it should not be too difficult to adhere to the present policy
and file biennially in a timely manner. Our professional, highly paid; and technically trained staff should be able to address this simple filing duty. Under the circumstances rcannot
certify that this directive from the State has been followed by either the attorney's office or the manager's office. racquired my information on Friday, 12/17/04, when I contacted the
FPPC and asked about the Town's filings. I have been shut out of the Town's Records which I have had oversight of for 16 years, so I am unable to review this filing on my own. Without
proper oversight, the legal implications attached to the Office ofTown Clerk become very disturbing. The Town Clerk cannot witness compliance to this filing and wonders what other agreements,
contracts. bid openings have been processed under the Town Seal which resides in the custody ofthe Town Clerk per Government Code 40811 but which has been used in the last two weeks
(since the newly Elected Town Clerk has been sworn in) by the manager's employees. This becomes a conflict of interest, and somewhat unsettling, to have agreements signed by the Manager,
and by her signature on that document, the municipality for which she is acting, the Town of Los Gatos, is the executer of that instrument. Then not to have the acknowledger of the document
be another vested official of the town but instead her own employee is most inappropriate. California State Government Code for a General Law City, which Los Gatos is, says that the
government of that city is vested in a city council of five members, a city clerk and a city treasurer. In Los Gatos these vested officials are elected. Council is allowed to ask the
electors if they want an appointed clerk or treasurer. The
question is simple. "Shall the office of city clerk be appointive?" If the electors choose to have management appoint their clerk then that clerk may assume the state's vestment. At
the moment I am the vested official, but the Town Seal is being placed on documents and over signatures that are not mine and which I will be unable to certify as being the accurate
record of the proceedings and actions of the legislative body. Without being able to have full access to "the official city records in the custody of the city clerk" my certification
is meaningless, and the certification of a manager's employee on the same document that the manager sign's losses all sense of the oversight that an acknowledgment from a vested city
clerk gives that instrument. STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) SS TOWN OF Los GATOS ) MARIAN V. COSGROVE, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE IS THE DULY ELECTED
AND QUALIFIED TOWN CLERK OF THE TOWN OF Los GATOS; AND THAT ON THE 20TH DAY OF DECEMBER, 2004 THE ATTACHED MEMO TO COUNCIL CONCERNING GOVERJ'iMENT CODE GENERAL LAW CITIES AND CONFLICT
OF INTEREST CODE WAS PRESENTED TO THE OF ::"OS GATOS AT A REGULAR MEETING OF THE TOWN COUNCIL. Attachments: 2004 Conflict-of-Interest Code Notifications from the FPPC State
Government Code Section 87300-87313 Dates of Town's Legislation Concerning Conflict-of-Interest Definitions of Custodian Government Code Section 40801-40814 Government Code Section 36501-36524
Towns' Le2islative Action Concerninf: Conflict of Interest Code 02-19-68 Reso 1968-26 06-06-76 Reso 1976-84 04-17-78 Reso 1978-51 02-22-83 Ord 1567 05-02-83 Ord 1576 01-20-87 Ord 1705
01-23-90 Reso 1990-7RD 10-19-92 Ord 1916 01/04/93 Ord 10/17/94 Ord 1989 02/14/96 Ord 2009 10119/98 Ord 2053 12/04/00 Ord 2076 10/21/02 Ord 2106 Detining Conditions Governing Conflict
ofInterest for Public Officers and Employees of the Town of Los Gatos Conflict of Interest Code Applicable to the Members of the Town Council Pursuant to the Political Reform Act of
1974 (Same as above) Adopting Conflict of Interest Code Amending Conflict of Interest Code adding Planning Commission and Consultants Amending Conflict of Interest Code adding Finance
Director Redevelopment Conflict of Interest Code Adopted New Ordinance for Conflict of Interest Code Amendments to Ordinance Amendments to Ordinance Amendments to Ordinance Amendments
to Ordinance Amendments to Ordinance Amendments to Ordinance Not only must the Town's ofInterest Code be kept current but the Redevelopment Agency' s Amendments must
be addressed also. Definitions Concernin2 the Statutory Duties of the Vested Town Clerk Shall or will as an auxiliary indicates an obligation, a duty or necessity to perform Shall Keep
Keeper is one who has care of one who has custody of a supervisor of a preserver from harm an officer who has custody of a government seal and through whose hands pass all government
documents before they are sealed In the custody of: custodian/caretaker/defender/keeper guardian/protector safeguarding all use of the city seal
FAIR POLITICAL PRACTICES COMMISSION 2004 Conflict-of-Interest Code Biennial Notice for City Attorneys and City Clerks The Political Reform Act requires every local government agency
to review its conflict-of-interest code biennially to determine if it is accurate or, alternatively. that the code must be amended. Once the determination has been made, a notice is
due to the code reviewing body no later than October 1 of even-numbered years. The City Council is the code reviewing body for city agencies. Therefore. the City Council must, no later
than July 1. 2004. notify any city agency not covered under the city's conflict-of-interest code. of the need to complete the notice (sample enclosed). The Biennial Notice for the City's
conflictof-interest code and any separate city agency is due to the City Council by October 1. 2004. The notice is not sent to the FPPC. If amendments to an agency's code are necessary.
the code must be forwarded to the City Council for approval within 90 days. For example, if an agency files its notice on October 1, 2004. indicating an amendment is necessary; the amendment
is due to the City Council by December 30, 2004. An agency's amended code is not effective until it has been approved by the City Council. Should you questions regarding
this mailing. please feel free to call the FPPC. Copies of this mailing and additional information can be found on our website at WINW. fppc.ca.gov. Please plan to attend one of the
seminars for a thorough discussion of the conflict-ofinterest code amendment process. Enclosures • Biennial Notice ibo Worksheet Amendinl a Conflict-of·Interest Code Seminar Locations
and Dates • San Diego ROV Wednesday. June 9 5201 Ruffin Road. Suite I 1:00 p.m.• 3:00 p.m. • Windsor t:ounc!/Chambers Thursday. June 10 9261 Old Redwood Highway 10:00 a.m.• 12:00 p.m.
• Oak/and Wednesday. June 16 Alameda County Admin. Building 1221 Oak Street, 5tll Floor. Board Chambers 10:00 a.m.• 12:00 p.m. • Sacramento Wednesday, June 16 FPPC, 8th Floor Hearing
Room 428 J Street 1:30 p.m. ·3:30 p.m. • Concord Council Chambers Thursday, June 17 1950 Parkside Drive 10:00 a.m.• 12:00 p.m. • Sacramento Thursday, June 24 FPPC. 8th Floor Hearing
Room 428 J Street 1:30 p.m.• 3:30 p.m. To register for a seminar call the FPPC at (866) ASK·FPPC, press 3. Seminars are subject to chang•. Fair Political Practices CommIssion (866) ASK-FPPCIwww.fppc.
ca.gov CI newsletter -May 2004
2004 Local Biennial Notice Name of Agency: _ Mailing Address: _ Contact Person: _ E-mall: _ Office Phone No: _ Fax No: _ This agency has reviewed its confJict-of-interest code and has
determined that: o An amendment is required. The following amendments are necessary: (Check all that apply) o Include new positions (including consultants) that must be designated o
Delete positions that manage public investments from the list of designated positions o Revise disclosure categories o Revise the titles of existing positions o Delete titles of positions
that have been abolished o Other (describe) _ o No amendment is required. The agency's code accurately designates all positions that make or participate in the making of governmental
decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of
income which may foreseeably be affected materially by the decisions made by those holding the designated positions: and the code includes all other provisions required by Government
Code Section 87302. Signature of Chief Executive Officer Date Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than
October 1, 2004 to: (Place return address of agency sending notification here) Fair Political Practices Commission (866) ASK-FPPC/www.fppc.cagov Biennial Notice Locals· June 2004
Biennial Notice Worksheet The following checklist may assist in the review of an agency's conflict-of-interest code. This is only a guide and is not intended to be an exclusive list
of issues that may need review. Does the code contain the following three basic components: -J Language that incorporates FPPC Reg. 18730 or contains the basic provisions required in
Government Code section 87302 -J A list of designated positions whose duties include making or participating in making governmental decisions '-/Disclosure categories specifying financial
interests (investments, interests in real property, income, and business positions) that filers in designated positions must disclose Review the agency's organization chart and duty
statements -J Do positions need to be added or deleted? -J Is there a need to reclassify disclosure for any positions? . -J Are consultants designated? -J Do any officials/consultants
manage public investments? -J Amendments needed? Use underline and strikeout to illustrate changes. III. P1J8bl<: WQRKS QFFI<:i MAINTENANCE DlVlSION I. Maintenance Superintendent 2 2.
Maintenance Syperyjsor 2 A••• M.a"'IR.II Sllp "'SlIM , 11 3. Senior Equipment Technician 3 4. ..i'IM'" S il.. l:elh"ili.II t 3 The Public Works Office became the Maintenance
DiviSion. The Asst. Maintenance Superintendent was reclassified to Maintenance SUperv1sor. • The Equipment Services Technician IS a manual position and was deleted. Other Documentation
-J A review of joint powers agreements, minutes and annual reports may assist in determining whether designated positions and their respective disclosure categories are accurately reflected.
Notification -J If amendments are needed. notify employees and the public. Fair Political Practices Commission (866) ASK-FPPCIwww.tppc.ca.gov Biennial Notice Mailing -June 2004
GOVERNMENT CODE SECTION 87300-87313 87300. Every agency shall adopt and promulgate a Conflict of Interest Code pursuant to the provisions of this article. A Conflict of Interest Code
shall have the force of law and any violation of a Conflict of Interest Code by a designated employee shall be deemed a violation of this chapter. 87301. It is the policy of this act
that Conflict of Interest Codes shall be formulated at the most level but without precluding intra-departmental reView. Any question of
tne level of a department which should be deemed an "agency" for purposes of Section 87300 shall be resolved by the code reviewing body. 87302. Each Conflict of Interest Code shall contain
the following provisions: (a) Specific enumeration of the positions within the agency, other than those specified in Section 87200, involve the making or participation in
the making of decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions,
interests in real property, and sources of income which are reportable. An investment, business position, interest in real property, or source of income shall be made reportable by the
Conflict of Interest Code if the business entity in which the investment or business positiOn is held, the interest in real property, or or source of income may foreseeably
be affected materially by any decision made or participated in by the designated employee by virtue of his or her position. (b) Requirements that each designated employee, other than
those specified in 37200, file statements at times and under circumstances descr1bed in this section, disclosing reportable investments, business positions, interests
in real property and income. The information disclosed with respect to reportable investments, interests in real property, and income shall be the same as the information required by
Sections 87206 and 87207. The first statement filed under a Conflict of Interest Code by a designated employee shall disclose any reportable investments, business positions, interests
in real property, and income. An in1t1al statement shall be filed by each designated employee within 30 days after the effective date of the Conflict of Interest Code, disclosing investments,
bUSiness posit1ons, and 1n real property held on the effective date of the Conf11:t of Interest Ccde and 1ncome received during the 12 months befcre the effective
date cf the Conflict of Interest Code. Thereafter, each new designated employee shall file a statement within 30 days after assuming office, or if subject to State Senate confirmation,
30 days after being appointed or nominated, disclosing investments, bus1ness posit1ons, and interests in real property held on, and income received during the 12 months before, the date
of assuming office or the date of being r<igc I or) http://W\\JW.leginfo.ca.gov/cgi-binJdisplaycode?section=gov&group=8700 1-88000&file=... 11/15/2004
appointed or nominated, respectively. Each designated employee shall file an annual statement, at the time specified in the Conflict of Interest Code, disclosing reportable investments,
business positions, interest in real property and income held or received at any time during the previous calendar year or since the date the designated employee took office if
the calendar year. Every designated employee who leaves f:le, Within 30 days of leaving office, a statement disclosing reportable investments, business positions,
interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.
(c) Specific provisions settlng forth any circumstances under which designated employees or categories of designated employees must disqualify themselves from making, participating in
the making, or using their offiCial position to lnfluence the making of any decision. Disqualification shall be required by the Conflict of Interest Code when the designated employee
has a financial interest as defined in Section 87103, which it is reasonably foreseeable may be affected materially by the decision. No designated employee shall be required to disqualify
himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. (d) for any position enumerated pursuant to subdivision
(a), an individual who resigns the position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individual's
filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate
in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within
30 days of the date of a notice mailed by the filing officer, the individual shall do both of the following: (1) file a written resignation with the appointing power. (2) file a written
statement with the filing officer on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during the period between appointment and
resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue
of being appointed to the position. 87302.6. Notwithstanding Section 87302, a member of 3 b03rd or commission of a newly created agency shall file a 3t the same time
and in the same manner as those individuals requ:red to file pursuant to Section 87200. A member shall file hiS or her statement pursuant to Section 87302 once the agency adopts an approved
conflict-of-interest code. 87303. No conflict of interest code shall be effective until it has been approved by the code reviewing body. Each agency shall submit a proposed conflict
of interest code to the code reviewing body by the deadline established for the agency by the code reviewing body. The deadline for a new agency shall be not later than six months after
it comes into existence. Within 90 days after receiving the proposed code or receiving any proposed amendments or revisions, the http://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=8700
1-88000&file=... 11/15/2004
'--r1. "" \ 0 v ., . U I -' 'J '.J U' _ " -/code coay do of (a) Approve proposed code as submitted.
(b) Revise the proposed code approve it as revlsed. (c) Return the proposed code to agency for re'11sion and resubmission within 60 days. ;he :ode reviewing bedy shall
either approve the revised code or It and approve it. When a proposed conflict of interest cede or amendment 1S approved by code reviewing body, it shall be deemed
adopted and shall be promulgated by the agency. 87304. If any agency fails to submit a proposed conflict of interest code or amendments, or if any state agency fails to report amendments
pursuant to subdivision (b) of Section 87306 within the time limits prescribed pursuant to Section 87303 or 87306, the code reviewing body may issue any appropriate order
to the agency or take any other appropriate action, the adopt1on of a conflict of interest code for the agency. If cede reviewing body does not issue an appropriate
order or take other action within 90 days of the deadline imposed on the agency as prescribed in Section 87303 or 87306, the commiss1on may 1ssue any appropr1ate order directed to the
agency or take any other appropriate action, including the adoption of a conflict of interest code for the agency. The commission shall consult with the agency before ordering the adoption
of a conflict of interest code for the agency. 87305. If after six months following the deadline for submission of the proposed Conflict of Interest Code to the code reviewing body no
Conflict of Interest Code has been adopted and promulgated, the superior court may, in an action filed by the commission, the agency, the code reviewing body, any officer, employee,
member or consultant of the agency, or any resident of the jurisdiction, prepare a Conflict of Interest Code and order its adoption by the agency or grant any other appropriate relief.
The agency and the code reviewing body shall be parties to action filed pursuant to th1S section. 87306. (a) Every agency shall amend its Conflict of Interest Code, subject to
the provisions of Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision (a) of
Section 87302 and relevant changes in the duties assigned to existing positions. Amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed
circumstances necessitating the amendments have become apparent. If after nine months following the occurrence of those changes the Conflict of Interest Code has not been amended or
revised, the superior court may issue any appropriate order in an action brought under the procedures set forth 1n Section 87305. (b) Notwithstanding subdivision (a), every state agency
shall submit to the code reviewing body a biennial report 1dentifying changes in its including, but not lim1ted to, all new positions designated pursuant to subd1vision (a)
of Section 87302, changes in the list of reportable sources of and relevant changes in the duties assigned to existing positions. These reports shall be submitted no later
than March 1 of each odd-numbered year. http://www.leginfo.ca.gov/cgi-binJdisplaycode?section=gov&group=8700 1-88000&file=... 11/15/2004
,-{.. V 1 -!VU-U,...-1 __;,I 87306.5. (a) No later than July 1 of each even-numbered year, the code reviewing body shall direct every local agency which
has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, 1f a change 1n its code 1S necessitated by changed circumstances, submit
an amended Conflict of Interest Code 1n accordance Nlt:'. (a) of Sectlon 87302 and Section 87303 to the coae body. (b) Upon review of lts
code, 1f no change in the code 1S the local agency head shall submit a written statement to that effect to the code rev1ewing body no later than October 1 of the same
year. 87307. An agency may at any time amend its Conflict of :nterest Code, subject to the provisions of Section 87303, either upon its own initiative or in response to a petitlon submitted
by an officer, employee, member or consultant of agency, or a resident of the jurisdiction. If the agency fails to act upon such a petition within ninety days, the petition shall
be deemed denied. Within thirty days after the denial of a pet1tion, the petitioner may appeal to the code reviewing body. The code revlewlng body shall either dismiss the appeal or
lssue an appr:prlate order to the agency within ninety days. 87308. Judicial review of any action of a code reviewing body under this chapter may be sought by-the commission, by the
agency, by an officer, employee, member or consultant of the agency, or by a resident of the lurisdlction. 87309. No Conflict of Interest Code or amendment shall be approved by the code
reviewing body or upheld by a court 1f it: (a) Fails to provide reasonable assurance that all foreseeable potential conflict of interest situations will be disclosed or prevented; (b)
Fails to provide to each affected person a clear and specific statement of his duties under the Code; or (c) Fails to adequately differentiate between designated employees with different
powers and responsibilities. 87310. If the duties of a designated employee dre so broad or indefinable that the requirements of Sectlon 87309 cannot be compiled with, the Conflict of
Interest Code shall require the designated employee to comply with the requirements of Article 2 of this chapter. 87311. The review of proposed Conflict of Interest Codes by the Commission
and by the Attorney General and the preparation of proposed Conflict of Interest Codes by state agencies shall be subject to the Administrative Procedure Act. The review and preparation
of Conflict of Interest Codes by local government 1-88000&file=...
11/15/2004
agencies shall be procedures }uarantee to officers, employees, members, and consultants of the agency and to residents of the Jurisdiction
adequate notice and a fair opportunitj to present their views. 87311.5. (a) Notwithstanding the provisions of Section 87311, the review of the Conflict of Interest Code of an agency
in the JudiCial branch of government shall not be subject to the provisions of the Administrative Procedure Act. The review and preparation of Conflict of Interest Codes by these agencies
shall be carried out under procedures which gUdrantee to officers, employees, and consultants of the agency and to residents of the Jurisdiction adequate notice and
a fair opportunity to present their views. (b) Conflict of Interest Codes of the Judicial Council, the Commission on Judicial and the Board of Governors and
designated employees of the State aar of California shall not be subject to the prOVisions of subdi'lision (c) of Section 37302. 87312. The Commission shall, upon request, provide technical
assistance to agencies in the preparation of Conflict of Interest Codes. Such assistance may include the preparation of model provisions for various types of agencies. Nothing in this
section shall relieve each agency of the responsibility for adopting a Conflict of Interest Code appropriate to its individual circumstances. 87313. No person shall make a gift of fifty
dollars (S50) or more in a calendar month on behalf of another, or while acting as the intermediary or agent of another to a person whom he knows or has reason to know may be required
to disclose the gift pursuant to a conflict of interest code, without disclosing to the recipient of the gift both his own full name, street address, and business activity, if any, and
the full name, street address, and business activity, if any, of the actual donor. The of the Ji:t shall include in his Statement of Sconomic Interests the full
street address, and business activity, if any, of the intermediary or agent and the actual donor. http://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=8700 1-88000&file=...
11/15/2004
California Codes California Government Code GOVERNMENT CODE SECTION 40801· 40814 40801. The city clerk shall keep an accurate record of the proceeding of the legislative body and the
board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index. 40806. The city
clerk shall keep a book marked "ordinances" and record in it all city ordinances with his certificate annexed to each, stating: (a) It is a true and correct copy of a city ordinance.
(b) The ordinance number. (c) It has been published or posted pursuant to law. 40807. The record with the certificate is prima facie evidence of the contents of each ordinance and of
its passage and publication. It is admissible as such evidence in any court or proceedings. 40808. The official city records in the custody of the city clerk shall not be filed in any
court proceeding or other action but shall be returned to the custody of the city clerk. 40809. This article does not prevent the proof of the passage and publication of ordinances in
the usual way. 40811. The city clerk is the custodian of the city seal. 40812. He shall perform such additional duties as are prescribed by ordinance. 40813. The city clerk may appoint
deputies, for whose acts he and his bondsmen are responsible. The deputies shall hold office at the pleasure of the city clerk and receive such compensation as is provided by the legislative
body. 40814. The city clerk and his deputies 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. The acknowledgment of an instrument may be made before a city clerk and his deputies with in the city in which they were elected or appointed.
7575 GOVERNMENT CODE SECTION 36501-36524 rr I 36501. (a) (b) (c) (d) (e) ( f) The government of a genera':' ':'aw ::ity is '/ested in: A city council of at least five members. A city
clerk. A Clty treasurer. A chief of pollce. A fire chief. 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 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 operatlve 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 lnclude the llmitation authorized ln this subdivision. 36502.5. Notwithstanding the provlsions 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 e':'ectors of the City of Tustin at a
http://www.leginfo.ca.gov/cgi-binJdisplaycode?section=gov&group=36001-37000&file=... 11/15/2004
* .. -e-- V regularly scheduled and a of the votes cast on the question favored the of the proposal. Any ordinance adopted pursuant
:0 shall apply prospectively from the effective date of 36503. Unless otherwise by 57379, a general
municipal election shall be held on a date by 1301 of the Electlons Code. Except as otherW1se prov1ded 1n this all elective city offices
shall be filled by the c1ty electorate at a general municipal election. Clty office shall hold office for prescribed
terms from the date of the installation of officers following adoption by the council of the official canvass of their election and successors are elected and qualified.
36505. The city council shall apPp1nt the chief of police. It may appoint a city attorney, a superintendent of streets, a CiV1l 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 that purpose, the city
council may submit to the electors the question whether the elective officers, or any of them except councilmen, shall be appointed by the city council; provided, however, that the city
city council shall not submit such questlon electors more often than once in an ll-month period. for to the 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 pr1nted on the ballots that the voters may express their choice. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group
=3600 1-37000&file=... 11/15/2004