by the city to any persons, firm or corporation which have become forfeitable in whole or in part or which for any reason are illegal and void and not binding upon the city. The city attorney, on demand of the mayor or the council, must institute and prosecute the necessary actions to enforce the provisions of this section. Powers and duties prescribed by ordinance. SEC. 26. The mayor shall exercise such other powers and Powers perform such other duties as may be prescribed by law ordinance. ARTICLE VII. EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS. The three municipal departments. and duties by ordi or prescribed nance. depart SEC. 27. The executive and administrative powers, author- The three ity and duties of the city, not otherwise provided for, shall municipal be distributed among and assigned to three departments, as ments. follows: 1. Department of public finance and supplies. Council to assign powers and duties. assign and duties. SEC. 28. (1) The mayor shall be commissioner of public Council to finance and supplies and the council at its first regular meeting powers after every general municipal election, or within ten days thereafter shall, by majority vote, designate and assign one of its members to be commissioner of public health and safety, and one to be commissioner of public works; provided, however, if the council be unable to agree within said ten (10) days upon such designation, the mayor shall have the authority to make such designation. (2) The council may change such designations and assignments, except that of department of public finance and supplies, by ordinance, whenever it shall determine that the public service requires such change. (3) The council shall prescribe by ordinance the powers and duties of all officers and employees when the same are not prescribed by this charter, and may prescribe for departments, officers, boards and employees powers and duties in addition to those prescribed by this charter, not inconsistent therewith; may assign or reassign particular officers and employees to 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 in this charter otherwise provided, these several departments shall be composed, officered and organized 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 making provision for all such matters. Depart ment of supplies. Department of public finance and supplies. SEC. 29. (1) The department of public finance and suppublic plies, under the charge of the mayor, shall have supervision finance and of the relations of the city with the government of the United States, the states of the union, the county of Solano and other municipalities; it shall have supervision over all boards and commissions not assigned to any other department; over all accounts, revenues and financial matters of the city, except as otherwise provided in this charter; over the purchase of all supplies on behalf of the city for every department, office, board, commission and official thereof; and over the city clerk, attorney, treasurer, and library trustees, and their respective offices and departments, and all employees, deputies or assistants therein. Department of Department of public health and safety. (2) The department of public health and safety, under the charge of the commissioner of public health and safety, shall health and have supervision over the chief of police, fire chief, health public safety. Depart ment of public works. officer and poundmaster, and their respective offices and departments, and all employees, deputies and assistants therein; over all buildings, property and apparatus used in any of said. departments and offices; over the removal and disposal of garbage. Department of public works. (3) The department of public works, under the charge of the commissioner of public works, shall have supervision over the city engineer, street superintendent, building inspector, sanitary inspector, wharfinger, and electrician, and their respective offices or departments, and all employees, deputies or assistants therein; over the construction of any and all public buildings and structures, under plans duly approved by the commissioner of the respective department; over the repair and maintenance of any and all buildings owned by the city; over all buildings belonging to or used by the city, except as otherwise provided in this charter; over the public water works and all public utilities owned, controlled or operated by the city, and not assigned to another department, including construction, maintenance, repair and operation of such public utilities; over all wharves, docks, slips, quays, and waterfront property, belonging to or under the control of the city; over all the public streets, ways, avenues, alleys, places or boulevards, and of the lighting of the same and the manner of their use; over all work done on, in or under said streets, whether in the nature of construction, maintenance or repair, and of all pipes, conduits, tunnels and other installation placed under the streets, and of all tracks, poles, and other installation placed on or above the streets; and over any quarry or quarries, and any plant or plants for the production, making or assembling of asphalt, or of any substance or material for use in the building, maintenance or repair of streets, operated by the city. Redistribution of duties among the three departments. tion of three de (4) The council may, whenever it shall determine that the Redistribupublic service requires such change, redistribute any offices, duties matters or duties assigned by this section to a particular one among the of the three departments. Any other office, matter or duty partments. may be assigned by the council, at its discretion to any of the said departments. The chief officials. SEC. 30. The chief officials of the city shall be city clerk, The chief treasurer, who shall be ex-officio tax collector, attorney, engi- officials. neer, chief of police, fire chief, street superintendent, health officer and three 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 charge of one such officer the functions and duties of two or more of such officers. The council shall by ordinance 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. nate SEC. 31. The council shall have power by ordinance to Subordi create and discontinue offices, deputyships, assistantships and officers and employments other than those prescribed in this charter, to employees. 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. tion of SEC. 32. The compensation of all city officers provided for Compensaby section 30 of this charter, except library trustees, who shall officers and receive no remuneration, shall be by salary to be fixed by the employees. council. The council shall also 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 fees, 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. SEC. 33. Each department and commission shall, annually Reports of on such date as may be fixed by the council, render to the departmayor a full report of all the operations of such department or commission for the year. Reports to be published. SEC. 34. The council shall provide for the publication of ments. Reports to the annual reports of the mayor and of the several departments and commissions. be pub lished. Councilman to hold no other office. Officers not to be interested in or franchises. Councilman to hold no other office. SEC. 35. No member of the council, except as provided in this charter, shall hold any other municipal office or hold any office or employment the compensation of which is paid out of the municipal moneys; or be elected or appointed to any office created or the compensation of which is increased by the council while he was a member thereof, until one year after the expiration of the term for which he was elected. Officers not to be interested in contracts or franchises. SEC. 36. No officer shall be directly or indirectly interested in any contract, work or business of the city, or in the contracts sale of any article, the expense, price or consideration of which is paid for from the treasury or by assessment levied by any act or ordinance; nor in the purchase or lease of any real estate or other property belonging to the city or which shall be sold for taxes or assessments or by virtue of legal process at the suit of the city. No officer shall be in the employ of any public service corporation in the city or of any person having any contract with the city or of any grantee of a franchise granted by the city. Political and religious tests and influence. No such officer or employee shall accept or receive, directly or indirectly, from any person, firm or corporation operating within the territorial limits of said city, any interurban railway, street railway, gas works, water works, electric light or power plant, heating plant, telegraph line or telephone exchange, or other business using or operating under a public franchise, any frank, free ticket of free service, or accept or receive, directly or indirectly, from any such person, firm or corporation, any other service upon terms more favorable than are granted to the public generally. Such prohibition of free transportation shall not apply to policemen or firemen in uniform; nor shall any free service to city officials heretofore provided by any franchise or ordinance be affected by this section. Any contract or agreement made in contravention of this section shall be void. Any violation of the provisions of this section shall be deemed a misdemeanor. The council shall enforce the provisions of this section by appropriate legislation. Political and religious tests and influence. SEC. 37. No appointment to position under the city government shall be made or be withheld by reason of any religious or political opinions or affiliations or political services, and no appointment to or selection for or removal from any office or employment, and no transfer, promotion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or services. Any officer or employee of such city, who by solicitation or otherwise, shall exert his influence directly or indirectly to influence other officers or employees of such city to adopt his political views or to favor any particular person or candidate for office, or who shall in any manner contribute money, labor, or other valuable thing to any person for election purposes, shall be guilty of a misdemeanor. ARTICLE VIII. THE COUNCIL. The council, the governing body. cil, the SEC. 38. The council shall be the governing body of the The counmunicipality. It shall exercise corporate powers of the city, governing and, subject to the express limitations of this charter, shall body. 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. and vice SEC. 39. The mayor shall be president of the council and President shall preside at its meetings when present. The council shall president. elect one of its number to be vice-president. Meetings of council. SEC. 40. Meetings of the council shall be held daily, Sun- Meetings days and legal holidays excepted. Meetings to be public. of council. SEC. 41. All legislative sessions of the council, whether Meetings regular or special, at which any official action is taken shall to be be open to the public. Quorum. public. SEC. 42. A majority of the members of the council shall Quorum. constitute a quorum for the transaction of business. Rules of proceeding. SEC. 43. The council shall establish rules for its proceed- Rules of ings. Ordinances and resolutions. proceeding. SEC. 44. (1) The council shall act only by ordinance or Ordinances resolution. Ayes and noes. and resolutions. noes. (2) The ayes and noes shall be taken upon the passage of Ayes and all ordinances and resolutions and entered upon the journal of the proceedings of the council. Majority vote of council. vote of (3) No ordinance or resolution shall be passed or become Majority effective without receiving the affirmative votes of two mem- council. bers of the council. Subject and title. (4) Every ordinance or resolution, except an ordinance Subject making appropriations, shall be confined to one subject, which and title. shall be clearly expressed in the title, and every ordinance making appropriations shall be confined to the subject of |