Mayor's reports.

reports.

SEC. 47. The mayor shall annually and from time to time Mayor's give the council information relative to the affairs of the city and recommend to its consideration such matters as he may deem expedient.

Mayor to have city's books examined.

have city's

examined..

SEC. 48. The mayor shall employ, for a stipulated con- Mayor to pensation, at the beginning of each fiscal year, a certified public books accountant, who shall examine, at least once each year the books, records and reports of the auditor and of all officers and employees who receive, or disburse city moneys, and the books, records and reports of such other officers and departments as the mayor may direct, and make triplicate reports thereof, and present one each to the mayor and auditor and file one with the city clerk. Such accountant shall have unlimited privilege of investigation, to examine under oath or otherwise all officers, clerks and employees of the city, and every such officer, clerk and employee shall give all required assistance and information to such accountant, and submit to him for examination such books and papers of his office as may be requested, and failure to do so shall be deemed and held to be a forfeiture and abandonment of his office. The council shall provide for the payment of the services of such accountant, and fix the time at which such report shall be made and filed. Supervision of public utility companies.

SEC. 49. The mayor shall be charged with the general super- Supervision of public vision of all public utility companies in so far as they are utility subject to municipal control; he shall keep himself fully companies. informed as to their compliance in all respects with the law, and he shall see that all franchises granted by the city are faithfully observed.

The mayor may on his own motion, and must upon a resolution passed by the council directing him to do so, cause to be instituted on behalf of the city, such actions or proceedings as may be necessary to revoke, cancel or annul all franchises that may have been granted by the city which have been forfeited in whole or in part, or which for any reason may be irregular and void and not binding upon the city, and the city attorney, upon demand of the mayor, must institute and prosecute the suits or actions required to enforce the provisions of this section. Each mayor taking office under this charter shall cause a careful investigation to be made of the exact condition of all franchises theretofore granted by the city, and of the respective rights and obligations of the parties, and the performance of the same, and shall report the results thereof in his next annual message or report, and he may report thereon at such other and different times as he may deem proper.

Powers and duties prescribed by ordinance."

and duties

SEC. 50. The mayor shall exercise such other powers and Powers perform such other duties as may be prescribed by law, or by prescribed ordinance, or by resolution of the council.

by ordi

nance.

The council, the governing body.

President and vice

THE COUNCIL.

The council, the governing body.

SEC. 51. All powers herein granted to and vested in the city of Monterey shall, except as herein otherwise provided, be exercised by a council to be designated the council of the city of Monterey. Said council shall be the governing body of the city, and, subject to the express limitations of this charter, shall 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.

SEC. 52. The mayor shall be president of the council and president. shall preside at its meetings when present. The council shall elect one of its number to be vice-president.

Meetings

of council.

Meetings to be public.

Quorum.

Rules of

proceeding.

Ordinances

and resolutions.

Ayes and

noes.

Majority vote of council.

Title.

Meetings of council.

SEC. 53. The council shall, by ordinance, provide for the time and place of holding its meetings and the manner in which its special meetings may be called.

Meetings to be public.

SEC. 54. All legislative sessions of the council, whether regular or special shall be open to the public.

Quorum.

SEC. 55. A majority of the council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and postpone the consideration of pending business in like manner.

Rules of proceeding.

SEC. 56. The council shall determine its own rules of procedure, may punish its members for disorderly conduct and compel their attendance at the council meetings.

Ordinances and resolutions.

SEC. 57. (1) The council shall act only by ordinance or resolution.

Ayes and noes.

(2) The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. Every member, when present must vote.

Majority vote of council.

(3) No ordinance or resolution shall be passed or become effective without receiving the affirmative votes of at least three members of the council.

Title.

(4) Every ordinance shall be preceded by a brief title which shall indicate the subject and purport thereof.

Enacting clause of ordinances.

clause of

nances.

(5) The ordaining clause of all ordinances adopted by the Enacting council shall be, "The Council of the City of Monterey do ordiordain as follows," and the ordaining clause of all ordinances adopted in accordance with the provisions of sec. 31 of article IV shall be, "The People of the City of Monterey do ordain as follows.

Requirements of ordinances.

ments of

(6) No ordinance shall be passed by the council on the day Require of its introduction nor within five days thereafter nor at any ordi other time than at a regular meeting, nor until its publica-nances. tion at least once in full in the official newspaper of the city of Monterey at least three days before its adoption; and in case of amendment being made thereto before the final adoption of the ordinance, it must in like manner be republished in full as amended at least one day before its adoption as amended. Ordinance required in certain cases.

required in

cases.

(7) No action providing for any specific improvement or Ordinance the appropriation or expenditure of any public money, except certain a sum less than two hundred dollars; for the appropriation, acquisition, sale or lease of public property; for the levying of any tax or assessments; for the granting of any franchise; for establishing or changing fire limits; or for the imposing of any penalty; shall be taken except by ordinance; provided, that such exceptions be observed as may be called for in cases where the council takes action in pursuance of a general law of the state.

Reconsideration.

eration.

(8) When any ordinance is put upon its final passage and Reconsidfails to pass, and a motion is made to reconsider, the vote upon such motion shall not be taken except at a meeting of the council, held not less than one week after the meeting at which such motion was made.

Signing and attesting.

(9) All ordinances shall be signed by the mayor and attested Signing by the city clerk.

Revision and amendment.

and attesting.

ment.

(10) No ordinance shall be revised, re-enacted or amended Revision by reference to its title only; but the ordinance to be revised and amendor re-enacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted in the method provided in this section for the adoption of ordinances.

Repeal.

(11) No ordinance nor section thereof shall be repealed Repeal. except by ordinance adopted in the manner provided in this section.

Record of city ordinances.

(12) A true and correct copy of all ordinances shall be

city ordi

nances.

Record of kept and certified to by the city clerk in a book marked “City Ordinances." Such record copy, with such certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and of the due passage and publication of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed in any case, 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 an ordinance in the usual way. Protection of absent commissioner.

Protection

commis

sioner.

SEC. 58. No final action shall be taken in any matter conof absent cerning the special department of any absent councilman unless such business has been made special order of the day by action at a previous meeting of the council or such action is taken at a regular meeting of the council.

When offices become vacant.

The four municipal departments.

Council to assign

ments.

When offices become vacant.

SEC. 59. An elective office becomes vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings as provided in section 33 of article IV, is adjudged insane, convicted of felony, or of an offense involving a violation of his official duties, or ceases to be a resident of the city, or neglects to qualify within the time prescribed by the provisions of this charter, or shall have been absent from the state without leave for more than sixty consecutive days, or fails to attend the meetings of the body of which he is a member for a like period without being excused therefrom by said body.

EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS.

The four municipal departments.

SEC. 60. The executive and administrative powers, authority and duties of the city, not otherwise provided for, shall be distributed among and assigned to four departments, as follows:

1. Department of finance and revenue.

2. Department of public health and safety.

3. Department of public works.

4. Department of public supplies.

Council to assign duties to the departments.

SEC. 61. The council shall determine and assign the duties duties to of the several departments, subject to the provisions of the the depart preceding section; shall prescribe the powers and duties of officers and employees; may assign particular officers and employees to one or more of the departments; may require an officer or employee to perform duties in two or more departments, and may make such other rules and regulations, not inconsistent with this charter, as may be necessary or proper for the efficient and economical conduct of the business of the city.

The four commissioners.

SEC. 62. The council at its first regular meeting after the election of its members, shall designate by majority vote one

commis

councilman to be commissioner of finance and revenue, one The four to be commissioner of public health and safety, one to be sioners. commissioner of public works and one to be commissioner of public supplies. If the council is unable to agree, the mayor shall have authority to make such designation. The council may change such designation, whenever it determines that the public service will be benefited thereby.

The chief officials.

officials.

SEC. 63. The chief officials of the city shall be city clerk, The chief auditor, assessor, treasurer, police judge, collector, attorney, engineer, chief of police, fire chief, street superintendent, building inspector, sewer inspector, health officer and five library trustees. They shall be appointed and may be removed by a majority vote of the council. The council, at any time when in its judgment the interests of the city so demand, may consolidate and place in the charge of one such officer the functions and duties of two or more such officers. The council shall by ordinance or by resolution prescribe the duties of all the chief officials.

The council shall at the first regular meeting after the election of its members, or as soon thereafter as practicable, proceed to the appointment of the chief officials of the city and the determination of their duties, as provided in this section.

Subordinate officers and employees.

nato

SEC. 64. The council shall have power by ordinance, or by Subordi resolution, to create and discontinue offices, deputyships, officers and assistantships, boards and commissions and employments other employees. than those prescribed in this charter, to provide the modes of filling them, to prescribe the duties pertaining thereto according to its judgment of the needs of the city, and to determine the mode of removing any such officer, deputy, assistant or employee, except as otherwise provided in this charter.

Compensation of officers and employees.

sation of

SEC. 65. The compensation of all city officers, except Compen library trustees, who shall receive no remuneration, shall be officers and by salary to be fixed by ordinance. The council shall also employees. fix the compensation of all other officers and employees of the city except as in this charter otherwise provided. No officer or employee shall be allowed any fee, perquisites, emoluments, rewards or compensation, aside from the salary or compensation as fixed by the council, but all fees received by him in connection with his official duties shall be paid by him into the city treasury.

Reports of departments.

ments.

SEC. 66. Each department and commission shall annually, Reports of on such date as may be fixed by the council, render to the depart mayor a full report of all operations of such department or commission for the year.