Filing and examination of petition. ..., being duly sworn, deposes and says: That he is the person who signed the foregoing certificate and that the statements therein contained are true and correct. Subscribed and sworn to, 19. ..., before me, (Signed) Verification Deputy (or Notary Public). The petition of which this certificate forms a part shall, if found deficient, be returned to .... at No. street, Santa Cruz, California. SEC. 94. Filing and examination of petition. Each certificate must be separate, and contain the name of but one signer, who must make oath before a notary public or verification deputy as to the truth of the statements therein. Such certificates shall be fastened together and bound as nearly as may be in lots of one hundred. Upon receipt of such petition, the city clerk shall endorse thereon the time it was received. He shall thereupon examine said petition to ascertain whether it conforms to the requirements of this charter. Within ten days after such presentation, the city clerk must determine whether said petition so conforms and shall attach thereto his certificate showing the result of his examination, and send by registered mail a copy of said certificate to the person named in said petition to whom it shall be returned. If the petition does not conform to said requirements, the certificate of the city clerk shall designate the defects in the petition and in the individual certificates. If the certificate of the city clerk shows the petition to be deficient, it may be amended by presentation, within fifteen days after mailing said certificate of the city clerk, of an amended petition containing additional certificates. The city clerk shall, within seven days after the presentation of such amended petition, make like investigation and determination as to the amended petition, and attach to it a like certificate and mail a copy as aforesaid, and, if his certificate shall show the amended petition to be deficient, or if no amended petition shall have been presented, the petition shall be returned to the person named therein to whom it shall be returned, without prejudice to the filing of a new petition to effect the same purpose. Should any certificate or certificates to the petition not substantially conform to the requirements of this charter, such fact shall not invalidate the petition if a sufficient number of the certificates substantially conform to such requirements. Should the city clerk find that the said petition or amended petition conforms to such requirements, he shall endorse the fact thereon and file and present it to the council. SEC. 95. Statement of intention to circulate petition. of inten petition. Before any petition for recall is circulated, an affidavit in Statement triplicate by or on behalf of the person or persons proposing tion to such recall, shall be made; one to be filed with the city clerk, circulate one to be left by him at the office of the officer sought to be recalled, and one to be sent by him by registered mail to the residence of such officer. Said affidavit shall contain the address of the person or persons making the same, a statement of the intention to circulate a petition for the recall of said officer containing not more than two hundred words, giving the reasons for such recall. Said officer may, within five days after the mailing of such affidavit, send by registered mail to the address of the party making such affidavit, his answer thereto in not more than two hundred words. Such statement and answer, if any, shall be printed on each individual certificate. No original petition for recall of any officer shall be presented to the city clerk later than forty days after the filing of the affidavit. recall SEC. 96. Election under recall petition. If the officer Election sought to be removed fails to resign within five days after the under recall petition is filed, and the petition requests a special petition. municipal election to be held, the council shall cause a special municipal election to be held within not less than thirty nor more than forty-five days after the filing of said petition to determine whether said officer shall be recalled; but if a general or special municipal election is to occur within sixty days after the filing of said petition, the council may postpone the holding of such election to such general or special election. SEC. 97. Life of petition. If any question of recall, for Life of which a petition has been filed, be not submitted to the electors of the city at or within the time specified, such petition shall remain in force until such question has been submitted. SEC. 98. Grounds of recall. Officer's justification. There Grounds shall be printed on the sample and the official ballots the state- officer's ment of the reasons for the recall of the officer, and his answer, justi if any. petition. of recall; justifica ballots. SEC. 99. Recall ballots. The ballots at every election at Recall which recall is to voted upon, shall contain the following question: Shall (name of officer) be removed from the office of (name of office)? Following the question shall be printed the words "Yes" and "No," on separate lines, with a voting square at the right of each, in which the voter shall stamp a cross (X) for or against such recall. All requirements of this charter relating to ballots at general municipal elections shall, so far as applicable, apply to all ballots at every election at which a question of recall is to be voted upon. The call for elections under this article shall be the same as the call for general or special municipal elections. stitutes a SEC. 100. What constitutes a recall. After a petition for What conrecall of a person from office has been filed, he may continue recall. to perform the duties of his office until the council has canvassed the returns of the election and declared that a majority No recall petition for three months. Ineligibility of recalled official. The gov erning body. President and vicepresident of the council. Meetings of the council. Meetings to be public. Quorum. Rules of of the votes upon the question of his recall was cast in favor thereof, and thereupon said office shall become vacant. SEC. 101. No recall petition for three months. No recall petition shall be filed against any officer until he has held his office for three months. SEC. 102. Ineligibility of recalled official. Any person who shall have been recalled, or who shall have resigned while recall proceedings were pending, shall not hold any municipal office within four years thereafter. ARTICLE VII. THE LEGISLATIVE DEPARTMENT. SEC. 103. The governing body. The council shall be the governing body of the municipality, exercise the corporate powers of the city, and be vested with all powers of legislation in municipal affairs not in conflict with the constitution of the United States, the constitution and general law, and the provisions of this charter. SEC. 104. President and vice-president of the council. The mayor shall be president of the council and preside at its meetings. The council shall elect one of its number vice president. SEC. 105. Meetings of the council. At twelve o'clock noon on the first Monday of July after canvass of the returns of each general municipal election, the council shall meet, at which time the newly elected mayor, commissioners, and auditing committee, shall assume the duties of their respective offices. The council shall meet in regular session at least once a week. Special meetings of the council shall be held upon the call of the mayor or upon written request of two commissioners, filed with the city clerk; provided, that the said call or written request shall set forth the object of the meeting. The city clerk shall give reasonable notice to the mayor and to each commissioner of the time of said meeting and the object thereof, and no other business than that specified in the call or written request shall be transacted. SEC. 106. Meetings to be public. All meetings of the council shall be public. SEC. 107. Quorum. A majority of the council shall constitute a quorum, but no ordinance, resolution, order, or motion shall be passed or adopted except by affirmative vote of three members. SEC. 108. Rules of procedure. The council shall act only procedure. by ordinance, resolution, order, or motion, and shall adopt rules of procedure. Ayes and noes. SEC. 109. Ayes and noes. The council shall pass ordinances and adopt resolutions by ayes and noes, entered upon its minutes, and a roll-call be had upon any order or motion on demand of any member. But no ordinance or resolution shall be placed upon final passage the day it is introduced unless by consent of all members present. clause of SEC. 110. Enacting clause of ordinance. The enacting Enacting clause of every ordinance shall be: "Be it ordained by the ordinance. City of Santa Cruz as follows:" eration. SEC. 111. Reconsideration. When any ordinance or reso- Reconsid lution is put upon its final passage and fails to pass, and a motion is made to reconsider, the vote thereon shall not be taken for at least one week thereafter. commis SEC. 112. Protection of absent commissioner. In the Protection absence of a commissioner, no final action shall be taken con- of absent cerning his department, except at a regular meeting, or unless sioner. such matter has been made a special order at a meeting at which such commissioner was present. ARTICLE VIII. THE EXECUTIVE DEPARTMENT. executive. SEC. 113. The chief executive. The mayor shall be the The chief chief executive officer of the city, and shall see that the charter and all laws, ordinances, and resolutions enacted or passed. are enforced. He shall have a general oversight of departments of the municipal government, and shall see that all contracts made with the city are faithfully performed. He shall command the police force of the city, with the aid of the commissioner of public health and safety, for the preservation of public peace and order and the suppression of tumults, riots, or insurrections. SEC. 114. Mayor pro tempore. During the temporary Mayor pro absence or disability of the mayor, the vice-president of the tempore. council shall act in his stead. In case of the temporary absence or disability of both, the council shall elect one of its members acting mayor. If a vacancy occur in the office of mayor, the vice-president of the council shall act as mayor until such vacancy is filled. SEC. 115. Mayor's messages. The mayor shall, by annual Mayor's or special message, recommend to the council such matters and messages. policies as he deems expedient. public SEC. 116. Supervision of public utilities. The mayor shall Superhave general supervision of all persons, firms, corporations, vision of and concerns controlling or operating public utilities, in so utilities. far as they are subject to municipal control. He shall keep himself informed as to their compliance with law or ordinance, and shall see that the provisions of all franchises, permits, and privileges granted by the city, are faithfully observed. The council shall cause to be instituted such actions or proceedings as may be necessary to prosecute persons, firms, corporations, or concerns owning, controlling, or operating public utilities, for violations of law or ordinance, so as to revoke, cancel, annul, or regulate the exercise of all franchises, permits, and privileges that may have been granted, which may have become forfeitable, in whole or in part, or which, for any reason, are illegal, or void, or voidable or negligently exercised. The city attorney, by order of the council, must institute and prosecute the necessary actions to enforce the provisions of this section. Exempire Sec. 117. Ezecutive and administrative departments. and as a The mayor shall exercise such other powers and perform such depart other duties as may be prescribed by law or municipal ordi menti Council to assign Department of public affairs. nance. The executive and administrative powers, authority, and duties of the city, not otherwise provided for in this charter, shall be divided into five general departments, as follows: 1. Department of public affairs, which shall be under the supervision of the mayor. 2. Department of revenue and finance, which shall be under the supervision of the commissioner of revenue and finance. 3. Department of public health and safety, which shall be under the supervision of the commissioner of public health and safety. 4. Department of publie works, which shall be under the supervision of the commissioner of public works. 5. Department of streets and parks, which shall be under the supervision of the commissioner of streets and parks. SEC. 118. Council to assign powers and duties. The council shall, within ten days after each general municipal election, designate and assign one of the commissioners to be commissioner of revenue and finance, one to be commissioner of public health and safety, one to be commissioner of public works, and one to be commissioner of streets and parks. The council may change such assignments, except that of the department of public affairs, by ordinance, whenever it shall appear to its satisfaction that the public service would be improved thereby. The council shall define, by ordinance, the powers and duties of all officers and employees when the same are not prescribed by this charter, and may assign to departments, officers, boards, and employees, powers and duties other than and in addition to those prescribed by this charter, not inconsistent therewith; may detail or reassign_particular officers or employees for duty in more than one department of the city government; may require an officer or employee to perform duties in two or more departments of the city government; and may make rules and regulations not in conflict with law or this charter for the efficient and economical conduct of the business of the city. Except as otherwise provided in this charter, the several departments shall be composed, organized, and conducted, and the persons employed therein shall be chosen, as the council may by ordinance provide, and the council must, at all times, keep in full force and effect, ordinances sufficiently providing therefor. SEC. 119. Department of public affairs. All matters affecting the relations of the city with the United States, or any of the states, the county, or other municipalities, shall be referred to the department of public affairs, and this department shall have supervision over all boards appointed by the mayor. SEC. 120. Department of revenue and finance. The de |