He shall perform such other duties as shall be required Duties. of him by this charter or by ordinance.

CITY TREASURER.

SEC. 60. The city assessor shall also be ex officio city treasurer, and as such city treasurer he shall receive and keep all moneys that shall come to the city by taxation or otherwise, and to pay the same out on demands legally audited in the manner hereinafter provided, and without such auditing he shall disburse no public moneys whatever, except the principal and interest of the municipal debt when payable.

He shall receive no money into the city treasury unless accompanied by the certificate of the city auditor provided for in section 55 hereof.

He shall issue receipts in duplicate to all persons paying money into the treasury.

He shall make a report at the close of each business day to the auditor, showing all moneys received during the day, together with the number of each receipt given by him therefor, and what account and from whom received and to what fund applied.

He shall, on or before the seventh day of each month, make out and present to the council a full and complete statement of the receipts and expenditures for the preceding calendar month; and he shall make such special reports from time to time as may be required by the council.

He shall perform such other duties as shall be required of him by this charter or by ordinance.

books of

SEC. 61. The mayor, city attorney, city auditor, the com- Examinamissioner of finance and revenue, or any special committee tion of appointed by the council, separately or collectively, and with treasurer. the aid of an accountant selected by such officer or committee, shall have the right and power to examine the books of the treasurer at all times; and the mayor, auditor, or commissioner of finance and revenue shall also have the right to inspect and count all public moneys under the treasurer's control, or on deposit elsewhere.

ARTICLE XI.

POLICE JUDGE.

SEC. 62. The judicial power of the city shall be vested in Jurisdica police court, consisting of one police judge. Said police tion. court shall have jurisdiction, concurrently with the justice's court, of all actions and proceedings, civil and criminal, arising within the corporate limits of the city, and which might be tried in such justice's court; and shall have exclusive jurisdiction of all actions for the recovery of any fine, penalty, or forfeiture, prescribed for the breach of any city ordinance, of all actions founded upon any obligation or liability created by any ordinance, and of all prosecutions for any violations of any ordinance. In all civil actions for the recovery of any fine, penalty, or forfeiture prescribed for the breach of any ordinance of the city, where the fine, penalty or forfeiture imposed by the ordinance is not more than fifty dollars, the trial must be by the court, in civil actions

Powers.

When

justice of

act in

place of

police judge.

where the fine, penalty or forfeiture prescribed for the breach of any ordinance of the city is over fifty dollars, the defendant is entitled to a jury. Except as in this section otherwise provided, the rules of practice and mode of proceeding in said police court shall be the same as are or may be prescribed by laws for justices' courts in like cases, and appeals may be taken to the superior court of the county in which the city is situated, from all judgments of said police court in like manner, and with a like effect as in cases of appeals from justices' courts.

SEC. 63. The police judge shall have the powers and perform the duties of a magistrate. He may administer and certify oaths and affirmations, and take and certify acknowledgments. He shall be entitled to charge and receive for his services such fees as are or may be allowed by law to justices of the peace for like services, except that for his services in criminal prosecution for violation of ordinances he shall be entitled to receive only such monthly salary as the council shall by ordinance prescribe.

SEC. 64. In all cases in which the police judge is a party, peace may or in which he is interested, or when he is related to either party by consanguinity or affinity within the third degree, or is otherwise disqualified, or in case of sickness or inability to act, the police judge may call in a justice of the peace residing in the city, to act in his place and stead; or if there be no justice of the peace residing in the city, or if all those so residing are likewise disqualified, then he may call in any justice of the peace residing in the county in which the city is situated.

Chief of police.

ARTICLE XII.

POLICE, FIRE AND HEALTH DEPARTMENTS.

SEC. 65. The police department of the city of Pomona shall consist of a chief of police and such officers and policemen as shall, from time to time, be fixed and determined by the council.

SEC. 66. The chief of police shall enforce the execution of all the laws and ordinances within the jurisdiction of the city; and for the suppression of any riot, public tumult, disturbance of the peace or resistance against the law or public authorities in the lawful exercise of their functions, he shall have the powers that are now or may hereafter be conferred upon sheriffs by the laws of the state, and shall in all respects be entitled to the same protection, and his lawful orders shall be promptly executed by deputies, police officers and watchmen in the city of Pomona, and every citizen shall also lend aid when required for the arrest of offenders in maintenance of public order. He shall and is hereby authorized to execute and return all processes issued and directed to him by the police court or judge or other legal authority of said city. Unless otherwise provided by ordinance, he shall receive from the auditor all licenses, collect the same and make weekly

deposits with the treasurer together with the auditor's certificate of all funds of the city collected by him. He shall, at the end of each month, file with the auditor a statement of the money so collected and an affidavit stating that the money so paid is all the funds that he has collected or received during the preceding month. He shall have charge of the city prison and prisoners and of any chain gang which may be established by the council. He shall devote his entire time to the discharge of the duties of his office; and subject to the commissioner of police and such rules and regulations as the council may prescribe, shall have control of the police force. In addition to the duties in this charter specified, he shall discharge all duties required of him by the ordinances of the city or by law or the provisions of this charter.

tions.

SEC. 67. The council, subject to the provisions of this Regulacharter, shall have power to organize the police department and make all necessary rules and regulations for its efficient administration, ordain penalties for violation thereof, establish the number of its members and the amount of their salaries, including that of the chief of police, and do all other acts necessary to the efficient equipment and operation of the police department of the city.

FIRE DEPARTMENT.

SEC. 68. The fire department of the city of Pomona shall consist of a chief and such number of officers and men of the department as the council shall, from time to time, fix and determine.

fire de

SEC. 69. The chief of the fire department shall, subject Chief of to the commissioner of fire and health and such rules and regu- partment. lations as the council may prescribe, have entire control of the department. He shall have power to suspend or remove, subject to the approval of the commissioner of fire and health, any member of the fire department for disobedience of any lawful order, for the violation of rules and regulations of the department, and for neglect of duty or for conduct unbecoming a member of the force. He shall be charged with the especial duty of superintending the extinguishment of fires that endanger the municipality or destroy its property and he shall take measures to guard and protect all property imperiled thereby. In addition to the duties in this charter specified, he shall discharge all duties required of him by the ordinances of the city.

SEC. 70. The council, subject to the provisions of this Regulacharter, shall have power to organize the fire department and tions. change the same, make all necessary rules and regulations for its efficient administration, ordain penalties for violations thereof, establish the number of its members and the amount of their salaries, including that of the chief of the fire department, and do all other acts necessary to the efficient equipment and operation of the fire department of the city.

Health officer.

HEALTH DEPARTMENT.

SEC. 71. The council shall appoint a competent person, who shall be a licensed physician, to be health officer, who shall, subject to the commissioner of fire and health, have such powers and perform such duties as are granted or imposed by the general laws of the state or by ordinance, including the powers of a police officer in matters pertaining to his office. SEC. 72. The city engineer, superintendent of streets, park tendent of superintendent and building inspector, subject to the mayor streets, as commissioner of public works, shall perform such duties as inspector. the council may prescribe by ordinance.

Engineer, superin

building

Powers.

Secretary.

Meetings.

Quorum.

Rules.

Superintendent of schools.

Duties.

Nominate teachers.

ARTICLE XIII.

BOARD OF EDUCATION.

SEC. 73. The board of education shall have entire control and management of the public schools in the city in accordance with the constitution and general laws of the state, and is hereby vested with all the powers and charged with all the duties provided by this charter and by the general laws of the state for city boards of education.

SEC. 74. The board of education shall appoint a secretary, who may or may not be one of their own number, and shall prescribe the duties and fix the salary of such secretary.

SEC. 75. The board of education shall meet at such times and at such places as may be designated by resolution of said board. The board shall provide the manner in which special meetings shall be called.

SEC. 76. Three members of the board shall constitute a quorum, and the affirmative votes of three members shall be necessary to pass any measure, but a less number than three may adjourn from day to day and compel the attendance of absent members in such manner as the board may prescribe. SEC. 77. The board of education may determine the rules of its proceedings, but all meetings of the board shall be public.

SEC. 78. The board of education shall appoint a superintendent of schools and fix his compensation.

SEC. 79. The superintendent of schools shall be the executive officer of the board of education and he shall give his full time to the duties of his office. He shall be subject only to the board of education and all orders of the board relating to the direction of the principals and teachers shall be given through him. He must examine all plans for the construction or reconstruction of school buildings and report in writing to the board any objections he may find thereto. He shall have supervision of the course of instruction and of the discipline and conduct of the schools.

SEC. 80. The superintendent of schools shall nominate and recommend all teachers and principals for election by the board of education. He shall assign all teachers and prin

cipals and make all transfers necessary to the successful operation of the schools.

teachers.

SEC. 81. The board of education shall elect all teachers, Election of but only from a list of candidates nominated and recommended by the superintendent of schools. The board of education may make rules in accordance with which the superintendent must make such nominations and recommendations. SEC. 82. The board of education shall, at the end of each Reports of quarter, file with the auditor an itemized report and the council may in its discretion provide for the publication of such reports, together with other reports of the city officials and boards.

board.

reports.

SEC. 83. The board of education shall annually file with Annual the council a duplicate copy of its report to the county superintendent of schools which shall give a careful estimate of the whole amount of money to be received from the state and county for the support of the public schools in the city, together with a careful estimate of the amounts, specifying in detail the objects thereof, required for the adequate support of all departments of the public school system for the ensuing year in addition to the state and county funds.

ARTICLE XIV.

PUBLIC LIBRARY.

trustees.

SEC. 84. The public library and reading room, known as Board of the Pomona public library, is hereby continued in existence and shall be under the management of a board of five trustees, who shall be appointed by the council. The first board. of trustees under this charter shall, at their first meeting, so classify themselves by lot that three of their number shall go out of office at the expiration of two years and two at the expiration of four years, otherwise their term of office shall be for four years. They shall organize by electing one of their number president and some suitable person as secretary, who shall act and hold office at the pleasure of the board.

tions.

SEC. 85. The position of trustee shall be one of honorary Qualificatrust without salary, or compensation, and all appointments made by them shall be without regard to politics, and irrespective of sex. Said library trustees shall not be less than twenty-five years of age, and must have been residents of said city at least one year prior to their appointment.

SEC. 86. The board shall meet at least once each month Meetings. and a majority shall constitute a quorum for the transaction

of business, but a less number may adjourn from time to time. It shall elect a librarian and such assistants and em- Librarian. ployees as may be necessary. The secretary shall keep a full account of all property, money, receipts and expenditures and a record of all its proceedings.

SEC. 87. The board shall have power:

First. To make and enforce all rules, regulations and

Powers.