offices the said first election shall be considered to have been a primary election for the nomination of candidates, and a second election shall be held to fill such office or offices. The candidates not elected at such first election, equal in number to twice the number to be elected to any office, or less if so there be, who receive the highest number of votes for the respective offices at the first election, shall be the only candidates at such second election; provided, that if there be any person who, under the provisions of this section, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then the council shall determine and select by lot which of said candidates shall become a candidate at said second election, and the candidate so selected by the council shall be the only one of said candidates receiving an equal number of votes at said primary election who shall become a candidate at such second election.

SEC. 66. Date of second election. When necessary, a Date of second election shall be held on the second Tuesday after the second first election.

election.

second

SEC. 67. Rules governing the second election. All pro- Rules govvisions above specified, so far as applicable, shall govern the erning the second election, except that notice of said second election election. need be published but twice; and provided, also, that the same precincts and polling places shall, if practicable, be used.

person

SEC. 68. Failure of person elected to qualify. Every per- Failure of son elected shall qualify within ten days after his election, or elected to within ten days after notice thereof, and on failure to so qualify. qualify, the office shall be filled in the manner provided for filling vacancies.

ities in

Upon the declaration of the result of the election, the clerk shall deliver to the person elected, or send him by registered mail to his last known address, a written notice of his election. SEC. 69. Informalities in election. No informalities in Informalconducting municipal elections shall invalidate the same. election. SEC. 70. General election regulations. The provisions of General the general law of the state relating to the qualifications of election electors and elections shall govern all municipal elections, tions. unless otherwise provided for in this charter. The council shall canvass the election returns within four days after every election, and declare the result thereof.

regula

machines.

SEC. 71. Voting machines. The council may provide for Voting the use of voting machines.

precincts,

and compensation.

SEC. 72. Election precincts, officers, and compensation. Election The council shall subdivide the city into election precincts for officers, election purposes, and may change and alter such precincts as often as occasion may require. Such precincts shall be sufficient to limit the number of votes polled in any one election precinct to approximately four hundred. In establishing such precincts, the council may consolidate those which existed at the last preceding general state election, to a number not exceeding three for each municipal or consolidated precinct,

Elective officers.

Elected at large.

Mayor's term of office.

Commissioners' term of office.

Auditing commit

tee's term

of office.

Members

of educa

tion.

and shall number such precincts so established consecutively, and each precinct so established shall, for the purpose of municipal elections, be known by the number so designated. The board of election in each municipal election precinct at all municipal elections shall be composed of five qualified electors of the city, appointed by the council. The compensation of members of the election board shall not exceed four dollars for services at any municipal election.

ARTICLE IV.

ELECTIVE OFFICERS.

SEC. 73. Elective officers. The elective officers of the city shall be a mayor and four commissioners, who shall constitute the council; an auditing committee of three members; and a board of education of five members.

The mayor and each commissioner shall have the right to vote on all questions before the council. Each member of the board of education shall have the right to vote on all questions before said board.

SEC. 74. Elected at large. All elective officers shall be elected at the general municipal election, on a general ticket, from the city at large.

SEC. 75. Mayor's term of office. The mayor shall hold office for the term of two years from the first Monday in July, after his election, and until his successor is elected, or appointed, and qualified.

SEC. 76. Commissioners' term of office. The commissioners shall hold office for the term of four years from the first Monday in July, after their election, and until their successors are elected, or appointed, and qualified; provided, that the commissioners first elected under this charter shall, at their first meeting, so classify themselves by lot, that two of them shall hold office for two years and two of them for four years. At each general election held under this charter, there shall be elected at least two commissioners.

SEC. 77. Auditing committee's term of office. The members of the auditing committee shall hold office for the term of two years from the first Monday in July, after their election, and until their successors are elected, or appointed, and qualified.

SEC. 78. Members of board of education. The members of board of the board of education shall hold office for four years from the fourth Monday in May, after their election, and until their successors are elected, or appointed, and qualified; provided, that the members of the board of education first elected shall, at their first meeting, so classify themselves by lot that three shall serve for two years and two for four years. All members of the board of education elected thereafter shall be chosen at general municipal elections for the term of four

years.

Commence. SEC. 79.

Commencement of term of office. The term of ment of each elective officer shall commence at twelve o'clock noon on the days fixed in this charter.

term of office.

bonds.

SEC. 80. Official bonds. The city clerk and assessor, and Official the treasurer and tax and license collector each shall, before entering upon the discharge of the duties of his office, give and execute to the city of Santa Cruz a bond as hereinafter provided.

The bond of the city clerk and assessor shall be in the penal sum of two thousand five hundred dollars; of the treasurer and tax and license collector in the penal sum of twenty thousand dollars.

Every bond shall contain the condition that the principal will faithfully perform all official duties. Official bonds must be signed by the principal and at least two sureties, or executed by an approved surety company.

No bond signed by individuals shall be approved unless each surety justifies before an officer authorized to administer oaths, as follows:

That he is a resident and freeholder within the county of Santa Cruz; that he is worth the amount for which he becomes surety over and above all his debts and liabilities, in unincumbered property situate within the State of California, exclusive of property exempt from execution and forced sale. The council may, by ordinance, increase or require a bond from any officer.

The approval of official bonds must be endorsed thereon by the officer or board approving the same. Approved bonds shall be filed with the city clerk, but the bond of the city clerk shall, after filing, be kept by the mayor.

Any official bond required may be executed by some approved surety company, and the premium charged therefor shall be paid by the city.

office.

SEC. 81. Oath of office. Every officer of the city shall, Oath of before entering upon the discharge of the duties of his office, take, subscribe, and file with the city clerk, the following oath of office:

I solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States, the constitution of the State of California, and the charter of the city of Santa Cruz, and that I will faithfully discharge the duties of the office of according to the best of my ability. (Signed)

Subscribed and sworn to, this ... 19. ..., before me,

day of

City Clerk (or Notary Public).

SEC. 82. Salaries. The mayor shall receive an annual Salaries. salary of twelve hundred dollars, and each commissioner an annual salary of nine hundred dollars, payable in equal monthly installments.

oaths;

SEC. 83. Administration of oaths. Subpoenas. Every Adminis elective officer, every chief official, and every member of any tration of board provided for in this charter, shall in all matters per- subpoenas. taining to the business of the city, have power to administer

Qualifica

tion of

mayor, commis.

sioners,

oaths or affirmations, and the head of every department shall have the power to issue subpoenas to compel the production of books, papers, and documents, and to hear and take testimony concerning any matter or thing pending before the council or under the supervision of such department. If any person so subpoenaed neglect or refuse to appear, or to produce any book, paper, or document, as required by such subpœna, or refuse to testify before the council or before any such board or department, or to answer any question which any such officer or head of department shall decide to be proper and pertinent, he shall be deemed in contempt, and the council, or any such officer or board, shall have power to take proceedings in that behalf provided by the general laws of the state.

SEC. 84. Qualification of mayor, commissioners, and auditing committee. The mayor, commissioners, and members of the auditing committee, must be citizens of the United States, who and audit shall have attained the age of twenty-five years, they must be electors of the city of Santa Cruz, and shall have been residents of the city for three years next preceding the election.

ing com

mittee.

Qualification of members of the

SEC. 85. Qualification of members of the board of education. The members of the board of education must be citizens of the United States, who shall have attained the age of education. twenty-five years, and shall have been residents of the city for three years next preceding the election.

board of

What con

vacancy.

SEC. 86. What constitutes a vacancy. A vacancy shall stitutes a exist in any elective office when the person elected thereto fails to qualify, dies, resigns, is removed from office, ceases to be a resident of the city, absents himself continuously therefrom for a period of more than thirty days without permission from the council, is convicted of a felony or of a misdemeanor connected with his duties in office, is judicially determined to be incompetent, forfeits his office under any provision of this charter, or is removed from office by judicial proceeding.

Vacancy in council.

board of

SEC. 87. Vacancy in council. Any vacancy arising in the council shall be filled by the members thereof. Such appointment shall require the votes of at least three members of the council. In the event that three members of the council fail to appoint a person to fill such vacancy within ten days after its occurrence, then said vacancy shall be filled by a person selected by the auditing committee.

Vacancy in SEC. 88. Vacancy in board of education. Any vacancy occurring in the board of education shall be filled as provided by general law of the state.

education.

Vacancy in auditing

SEC. 89. Vacancy in auditing committee. Any vacancy occurring in the auditing committee shall be filled by the comcommittee. mittee. Should said committee fail to fill such vacancy within ten days, the same shall be immediately filled by appointment by the mayor.

to elective

SEC. 90. Appointees to elective offices. Appointees filling Appointees vacancies in elective offices shall hold office until the next gen- offices. eral municipal election, when their successors shall be elected, for the unexpired or full term as the case may be.

ARTICLE VI.

THE RECALL.

all elective

SEC. 91. Applies to all elective officers. Every incumbent of Applies to an elective office shall be subject to removal therefrom as officers. follows:

for recall.

SEC. 92. Petition for recall. A petition signed by qualified Petition electors equal in number to fifteen per cent of the entire vote cast for all candidates for the office of mayor at the last preceding general municipal election, at which a mayor was elected, requesting the calling of an election to determine whether the incumbent of an elective office shall be removed, shall be addressed to the council and presented to the city clerk. The petition may request that the question of such removal shall be submitted at a special municipal election or at the next general municipal election.

SEC. 93. Form of petition. The petition for recall and Form of removal from office shall be substantially in the following form:

(Individual Certificate.)

PETITION TO THE COUNCIL REQUIRING A SPECIAL MUNICIPAL
ELECTION.

(If such be the case.)

For the recall of (name of officer).
From the office of (name of office).

Reasons for the recall of (name of officer) from the office of (name of office): (here insert the reasons).

Reasons against the recall of (name of officer) from the office of (name of office): (here insert the reasons).

I, the undersigned, certify that I hereby join in a petition to the council requiring that it forthwith submit to the vote of the electors of the city of Santa Cruz, at a special (or the next general) municipal election, the question whether (name of officer) shall be recalled and removed from the office of (name of office).

I further certify that I have read the foregoing reasons for and against the recall of said officer and believe that he should be recalled; that I am a qualified elector of said city; that I reside at No.

street and

occupation is

... street, between,..

street, in said city, and that my

(Signed)

petition.