[DRAFT] CITY CHARTER OF THE CITY OF FREMONT
Public Hearing No. 2
July 7, 2026
ARTICLE I. INTRODUCTION
Section 100: Purpose
The purpose of this Charter is to achieve greater city control over municipal affairs and to establish the framework for a responsive, democratic, and efficient government for the City of Fremont. This Charter outlines the powers, structure, and responsibilities of the City’s government, ensuring accountability to the residents while promoting effective governance.
Section 101: Name and Boundaries
The City of Fremont (“City”) is a chartered municipal corporation of the State of California under the name of “City of Fremont.” The territory of the City shall be that contained within its boundaries as now established, with the power and authority to change the same in the manner provided by law.
ARTICLE II. SUCCESSION PROVISIONS
Section 200: Rights and Liabilities
The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities.
Section 201: Continuation of Laws and Contracts
All ordinances, codes, resolutions, rules, regulations, and portions thereof, and all City contracts duly executed and in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until such time they are duly repealed, amended, changed, or superseded by proper authority as provided by this Charter.
Section 202: Continuation of Present Officers and Employees Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same conditions as those of the existing offices and positions until the election or appointment and qualification of any successors, subject to such removal and control as provided in this Charter or applicable law.
Draft Charter, City of Fremont Public Hearing No. 1
Section 203: Continuation of Pending Actions
No action or proceeding, whether administrative, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained.
ARTICLE III. POWER AND STRUCTURE
Section 300: Powers of City
The City shall have the full power and authority to make and enforce all laws and regulations with respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California (“State”). It shall also have the power to exercise, or act pursuant to, any and all rights, powers, privileges or procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State or federal law. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, this general grant of power. The City shall have the power and may act pursuant to any procedure established by any law of the State, unless a different procedure is established by this Charter or by ordinance.
Section 301: Form of Government
The municipal government established by this Charter shall continue to be the "Council- Manager" form of government as established by the Fremont Municipal Code at the time that this Charter takes effect and by the laws of the State of California. The City Council shall establish City policy, and the City Manager shall carry out that policy on the terms set forth herein or by other lawful authority.
ARTICLE IV. MAYOR AND COUNCIL
Section 400: General Powers and Duties of the City Council
All powers of the City shall be vested in the City Council subject to the express limitations of this Charter. The City Council shall provide for the exercise of all City powers and the performance of all duties and obligations imposed on the City by state and federal laws. Except as otherwise required by law, the role of the City Council is legislative and includes the power to set policy, approve contracts and agreements, and undertake other rights and obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of the City Manager to choose the appropriate means to achieve the City Council’s policies and goals.
Draft Charter, City of Fremont Public Hearing No. 1
Section 401: General Powers and Duties of the Mayor
The Mayor shall be the official head of the City of Fremont for all ceremonial purposes. The Mayor shall preside at meetings of the City Council and may participate fully in all discussions.
The Mayor shall vote as a member of the City Council, but shall possess no veto power over actions of the City Council. The Mayor shall have the power to add items to the agenda of a City Council meeting, subject to the noticing requirements of the Brown Act. The Mayor shall exercise and perform such other powers and duties as may be delegated to or required by this Charter or by the City Council if not inconsistent with the provisions of this Charter.
Section 402: Composition
The City Council shall consist of six (6) members elected by district and one (1) Mayor elected at large. The term "City Council," "Council," "legislative body," or other similar terms as used in this Charter or any other provision of law shall be deemed to refer to the collective body composed of the Mayor and six City Council members unless another provision of this Charter or other law expressly provides to the contrary.
Section 403: Term of Offices
The term of office for the Mayor and each Councilmember shall be four years.
Section 404: Term Limits
The term limits set forth in this section of the Charter shall supersede any conflicting provision in the municipal code.
(a) No Mayor who has served terms comprising twelve consecutive years as mayor shall be qualified for further service in that office until he or she has a break in service in that office of at least four years.
(b) No Councilmember who has served terms comprising twelve consecutive years as a Councilmember shall be qualified for further service in that office until he or she has a break in service in that office of at least four years.
(c) The term limits imposed by this section shall not prevent a person who is disqualified from serving as Mayor from serving as a councilmember or a person who is disqualified from serving as a Councilmember from serving as Mayor. However, any person who has served terms comprising twenty-four consecutive years in the offices of the Mayor and the City Council shall be disqualified from further service in either office until that person has a break in service from both offices of at least four years.
(d) Time spent in office while serving less than a full term shall not be counted in computing consecutive years in any office.
Draft Charter, City of Fremont Public Hearing No. 1
(e) Time spent in office prior to the enactment of the Charter shall not be counted in computing consecutive years in any office.
(f) In computing the number of years served in office, full, four-year terms shall count as four years of service even if the period encompassed by such terms may not be exactly four years in duration.
Section 405: Filling Council Vacancies
The method of filling City Council vacancies may be amended by the City Council by adoption of an ordinance of the City Council. Until a successor ordinance is adopted by the City Council, the procedures for filling City Council vacancies set forth in the Fremont Municipal Code shall continue to be in full force and effect.
Section 406: Compensation for Mayor and Members of City Council
Compensation in the form of salary and benefits for the Mayor and City Council members shall be established by ordinance. Adjustments in compensation shall take into consideration a survey of comparable cities within the region. Any increase to the councilmembers’ salaries shall become effective only upon commencement of a new council term of office following adoption of an ordinance authorizing the increase. Any increase to the mayor’s additional compensation (the amount that exceeds the councilmembers’ salary amount) shall become effective as set forth in the ordinance adopting the increase. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office in accordance with established City policy.
Section 407: City Council Staff
The City Council may authorize the retention of administrative staff to assist the Mayor and City Council in the performance of their duties. Such employees shall be exempt from the civil service system and serve at the pleasure of the City Council. The title(s), compensation, and terms of employment of such employees shall be established by ordinance or resolution of the City Council.
ARTICLE V . CITY MANAGER
Section 500: Appointment
The Office of the City Manager shall continue as established under Chapter 2.10 of the Fremont Municipal Code except as set forth in this Charter. There shall be a City Manager who shall be appointed by the City Council. The City Manager shall be selected solely on the basis of executive and administrative qualifications. The City Manager shall serve at the pleasure of the City Council.
Draft Charter, City of Fremont Public Hearing No. 1
Section 501: Powers and Duties
The City Manager shall be head of the administrative branch of the City government. The City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. In addition to the general powers as administrative head, and not as a limitation thereon, the City Manager shall have the following powers and duties:
(a) Enforcement of Laws. To see that all laws and ordinances of the City are duly enforced and that all franchises, permits and privileges granted by the City are faithfully observed.
(b) Command of Officers and Employees. Except as otherwise provided in this Charter, to control, order and give direction to all heads of departments, and to subordinate officers and employees of the City through their department head; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments, or units under the City Manager’s direction.
(c) Appointment, Removal, and Powers Over Certain Officers. Except as otherwise provided in this Charter, to appoint all heads or directors of departments of the City and all subordinate officers and employees with power to discipline and remove any officer or employee so appointed, subject to any civil service rules established by Charter or by ordinance. All officers and employees of the City appointed by the City Manager who are exempt from the civil service may be suspended or removed at the pleasure of the City Manager. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, or City Attorney for legal matters, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager or City Attorney, either publicly or privately.
(d) Representation of City. To represent the City in its negotiations and working relationships with the state, the county, and other governmental jurisdictions; provided, that any contracts negotiated for the exchange of services from any such other governmental jurisdiction shall be subject to approval by the City Council.
(e) Attendance at Council Meetings. To attend all meetings of the City Council unless excused therefrom by the City Council.
(f) Recommend Ordinances. To recommend to the City Council for adoption such measures or ordinances as he/she deems necessary or expedient.
(g) Advise on Finances. To keep the City Council at all times fully advised as to the financial conditions and needs of the City.
(h) Preparation of Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.
Draft Charter, City of Fremont Public Hearing No. 1
(i) Purchase of Supplies. To purchase all the supplies for all of the departments or divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report or approval of the City Manager.
(j) Investigations of City Affairs. To make investigations into the affairs of the City or any department or division thereof and any contract for the proper performance of any obligations running to the City.
(k) Investigation of Complaints. To investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City, and to see that all franchises, permits, and privileges granted by the City are faithfully performed and observed.
(l) Supervision of Public Property. To exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City Council.
(m) Devotion of Entire Time to Duties. To devote full time to the duties of the office of City Manager and the interest of the City.
(n) Performance of Delegated Duties. To perform such other duties and exercise such other powers as may be delegated to the City Manager from time to time by ordinance or resolution or other action of the City Council.
(o) Attendance at Commission and Board Meetings. To attend any and all meetings of any commissions or boards heretofore or hereafter created by the City Council upon direction of the City Council or as determined necessary by the City Manager.
(p) Delegation of Council Authority. To approve, on behalf of the City, administrative matters otherwise within the authority of the City Council which the City Council has by resolution or other legal authority authorized to be approved by the City Manager or the City Manager’s designee during a scheduled recess of the City Council.
ARTICLE VI. OFFICERS AND EMPLOYEES
Section 600: Officers of the City
The officers of the City of Fremont shall consist of the City Council, a City Manager, a City Attorney, a City Clerk, a Chief of Police, a Fire Chief, and directors of Community Development, Community Service, Finance, Human Resources, Human Services, Information Technology, Maintenance, Public Works, and such other subordinate officers, assistants, deputies and employees as the Council may deem necessary to provide by ordinance or resolution.
Draft Charter, City of Fremont Public Hearing No. 1
Section 601: Appointment and Removal
The City Manager and City Attorney shall be appointed by and serve at the pleasure of the City Council. Removal of the City Manager or City Attorney shall be only by a vote of at least four members of the City Council at a regular meeting of the City Council; provided, that the vote of five members of the City Council shall be required to remove a City Manager or City Attorney within 60 days after that officer’s appointment or within the 60 days after any election at which one or more members are elected to the City Council.
Except as otherwise provided in this Charter, all officers and department heads of the City shall be appointed by the City Manager and shall serve at the pleasure of the City Manager. The appointment of an officer or department head by the City Manager shall become effective upon confirmation by the City Council by an affirmative vote of four members taken at a meeting of the City Council.
ARTICLE VII. CITY ATTORNEY
Section 700: Appointment
The office of City Attorney is hereby established. The City Attorney shall be appointed by and serve at the pleasure of the City Council. To be eligible for appointment as City Attorney, the person appointed shall be an attorney-at-law duly licensed under the laws of the State of California and shall have practiced law for at least five years prior to assuming the duties of City Attorney.
Section 701: Powers and Duties
The City Attorney shall be responsible for the proper administration and operations of the City Attorney’s Office. The City Attorney shall have power and be required to:
(a) Advise the City. Represent and advise the Council and all City officers on all matters of law pertaining to their offices.
(b) Representation of City. Represent and appear for the City in any and all actions and proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee or former City officer or employee in any and all actions and proceedings in which any such City officer or employee is concerned or is a party, for any action arising out of the officer or employee's employment or by reason of the officer or employee's official capacity.
(c) Prosecution of Cases. Prosecute on behalf of the people criminal cases arising from violations of the provisions of this Charter and the ordinances of the City, and prosecute such cases arising from violations of state law when the district attorney consents thereto.
Draft Charter, City of Fremont Public Hearing No. 1
(d) Attendance at Council Meetings. Attend all meetings of the Council and provide advice to the City Council when requested to do so.
(e) Provide Legal Advice. Give advice or an opinion in writing whenever requested to do so by the Council or any of the officers, boards or commissions of the City.
(f) Approve Contracts as to Form. Approve the form of all City contracts and all bonds given to the City, by endorsing an approval thereon in writing.
(g) Prepare Ordinance and Resolutions. Prepare any and all proposed ordinances or resolutions for the City and amendments thereto.
(h) Supervise the Office. Appoint, discipline, and remove all officers and employees of the City Attorney's Office, subject to any civil service rules established by Charter or by ordinance.
(i) Other Duties. Perform such other duties consistent with this Charter as may be required by the City Council.
ARTICLE VIII. GENERAL PROVISIONS
Section 800: Compliance with State Law
This Charter shall comply with the Constitution of the State of California, and any provisions herein that may conflict with state law shall be deemed superseded by the applicable state statutes. This Charter takes precedence and supersedes any conflicting provision of the Fremont Municipal Code and City ordinances. Provisions of the Fremont Municipal Code and City ordinances not in conflict with this Charter shall remain in full force and effect.
Section 801: Amendments
This Charter and any of its provisions may be amended by a majority vote of the electors voting on the question. Any amendment, revision or repeal may be proposed by initiative or by the City Council.
Section 802: Severability
If any provision of this Charter is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
Section 803: Minor Corrections
The City Clerk shall be authorized to make minor amendments to the Charter to correct typographical errors or to make other similar non-substantive corrections, subject to ratification by the City Council and approval as to form by the City Attorney.
Draft Charter, City of Fremont Public Hearing No. 1
Section 804: Implementing Actions
The City Council may enact additional rules or regulations, either by ordinance, resolution or policy as appropriate, in order to implement some or all of the terms of this Charter, provided that any such regulation shall be consistent with the terms of this Charter.
Section 805: Effective Date
This Charter shall become effective upon its filing with the Secretary of State following approval by a majority vote of the electorate of the City of Fremont during a regular election held on [date].
Adopted this ____ of ____________, 2026, by the citizens of the City of Fremont.