Agenda packet — Mayor and City Council, April 22, 2026

CITY OF SAN BERNARDINO
AGENDA

FOR THE

CHARTER REVIEW COMMITTEE

APRIL 22, 2026
6:00 PM

BOARD ROOM • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG

Casey A. Dailey

Rikke Van Johnson
COMMITTEE MEMBER, WARD 1 COMMITTEE MEMBER, WARD 6
Scott P. Olson James Albert
COMMITTEE MEMBER, WARD 2 COMMITTEE MEMBER, WARD 7
Angela M. Torres Timothy P. Prince
COMMITTEE MEMBER, WARD 3

COMMITTEE MEMBER,
MAYOR’S APPOINTEE
Vacant Leticia O. Briggs
COMMITTEE MEMBER, WARD 4

COMMITTEE MEMBER,
MAYOR’S APPOINTEE
Andy Garcia Cory Hodges
COMMITTEE MEMBER, WARD 5 STAFF LIAISON

Welcome to a meeting of the Charter Review Committee of the City of San Bernardino.

➢ Verbal public comments will be in person. Anyone who wishes to speak during public comments or on a particular item will be required to fill out a speaker slip.

Speaker slips must be turned into the Staff Liaison. You may email your request to speak to [email protected] prior to 4:00 PM on the day of the meeting. ➢ Written comments on any item must be sent to [email protected] by 4:00 PM the day of the scheduled meeting but will not be read aloud. ➢ Those who wish to speak on items will have three minutes for each item. ➢ All who wish to speak, including Commissioners and staff, need to be recognized by the Chairperson or Vice Chairperson before speaking. ➢ Please contact Cory Hodges, 909-998-2005, two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. ➢ All documents for public review are on file with the City Clerk’s Office or may be accessed online by going to www.sbcity.org
➢ Please turn off or mute your cell phone while the meeting is in session.

Packet Page 1
Regular Meeting Agenda April 22, 2026
Charter Review Committee of the City of San Bernardino Page 2 April 22, 2026

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

COMMENTS FROM COMMITTEE MEMBERS

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CONSENT CALENDAR

1. Approval of Draft Minutes

Recommendation: Approve the draft minutes from the March 25, 2026, Charter Review Committee Regular Meeting.

DISCUSSION

2. Role, Powers, and Duties of the Mayor

Recommendation: Discuss the role of the Mayor as outlined in the City of San Bernardino Charter.

3. Improving the Council-Manager form of Government

Recommendation: Discuss opportunities to improve the council -manager form of government.

4. City Charter Public Outreach
Recommendation: Discuss strategies for enhancing community engagement and public awareness of the City Charter
public outreach.

5. ADJOURNMENT
The next Regular Meeting of the Charter Review Committee will be held on May 27, 2026.

By: __________________________
Cory Hodges, Staff Liaison

Packet Page 2

City of San Bernardino

290 North D Street
San Bernardino, CA 92401
http://www.sbcity.org

Charter Review Committee of the City of San Bernardino Page 1 March 25, 2026

Draft MINUTES

FOR THE

CHARTER REVIEW COMMITTEE

OF THE CITY OF SAN BERNARDINO

MARCH 25, 2026

BOARD ROOM

CALL TO ORDER
The Regular Meeting of the Charter Review Committee of the City of San Bernardino was called to order by Timothy P. Prince at 6:01 PM, March 25, 2026, in the Board Room, 201 North "E" Street, San Bernardino, CA.

PLEDGE OF ALLEGIANCE

ROLL CALL

Attendee Name Title Status Arrived
Casey A. Dailey Committee Member, Ward 1 Present 6:00 PM Scott P. Olson Committee Member, Ward 2 Present 6:00 PM Angela M. Torres Committee Member, Ward 3 Absent -
Vacant Committee Member, Ward 4 Vacant -
Vacant Committee Member, Ward 5 Vacant -
Rikke Van Johnson Committee Member, Ward 6 Present 6:00 PM James Albert Committee Member, Ward 7 Present 6:00 PM
Timothy P. Prince Committee Member, Mayor’s
Appointee
Present 6:00 PM
Leticia O. Briggs Committee Member, Mayor’s
Appointee
Absent -
Cory Hodges Staff Liaison Present 6:00 PM
Elleasse Taylor City Attorney’s Office Present 6:00 PM

Chair Timothy P. Prince
Vice Chair Casey A. Dailey
Committee Members
Scott P. Olson
Angela M. Torres
Vacant Commissioner, Ward 4
Vacant Commissioner, Ward 5
Rikke Van Johnson
James Albert
Leticia O. Briggs

Packet Page 3
Regular Meeting Draft Minutes March 25, 2026
Charter Review Committee of the City of San Bernardino Page 2 March 25, 2026

COMMENTS FROM COMMITTEE MEMBERS

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CONSENT CALENDAR

1. Approval of Draft Minutes

Motion: Approve the minutes from the Charter Review Committee Regular Meeting on February 25, 2026.

RESULT: ADOPTED
MOVER: Casey A. Dailey
SECONDER: Scott P. Olson
AYES: James Albert, Rikke Van Johnson, Timothy P. Prince, Casey A.

Dailey, Scott P. Olson
ABSENT:

ABSTAINED:

DISCUSSION

2. Term Limits for Charter Cities in California

Action: Committee members discussed terms limits and their impact in the City of San Bernardino if incorporated into the charter. No action was taken.

3. Role, Powers, and Duties of the Mayor

Action: Committee members discussed the role, powers, and duties of the ma yor and offered potential charter amendments related to the position, such as:

1) A charter amendment that provides the Mayor the sole discretion on nominations for the position of City Manager for the Mayor and City Council’s consideration.
2) A c harter mendment that provides the Mayor a formal vote on all legislative matters in the same manner as a City Council member. 3) A c harter amendment that provides additional detail on the role, powers, and duties of the Mayor.

Packet Page 4
Regular Meeting Draft Minutes March 25, 2026
Charter Review Committee of the City of San Bernardino Page 3 March 25, 2026 No formal action was taken but the Committee agreed to continue the discussion at future meetings.

4. Improving the Council-Manager form of Government

Action: Committee members general discussion amendments to the charter to improve the Council -Manager form of Government in the City of San Bernardino, as well as specific discussions on:

1) A charter amendment that implements ranked choice voting for replacement candidates after a successful recall election instead of a plurality.
2) A charter amendment reinstituting a City of San Bernardino elected City Clerk.

No formal action was taken but the Committee agreed to continue the discussion at future meetings.

5. City Charter Public Outreach

Action: Committee members discussed potential strategies for public outreach related to the City Charter . No formal action was taken but the Committee agreed to continue the discussion at future meetings.

6. ADJOURNMENT

The meeting adjourned at 7:54 p.m. on March 25, 2026.

The next Regular Meeting of the Charter Review Committee will be held on April 22, 2026, at 6:00 PM in the Board Room located at 201 North “E” Street, San Bernardino, California 92401.

By: __________________________
Cory Hodges, Staff Liaison

Packet Page 5

Staff Report

City of San Bernardino
Charter Review Committee

Date: Aprill 22, 2026

To: Charter Review Committee Members

From: Cory Hodges, Staff Liaison

Subject: Role, Powers, and Duties of the Mayor

Recommendation
Continue a discussion on the roles, powers, and duties of the Mayor as outlined in the City of San Bernardino City Charter.

Background
Following the passage of Measure L in November 2016, the city adopted a new charter that transitioned from a "Strong Mayor" form of government to a "Council-Manager" form of government. As a result of the charter amendments out lined in Measure L the roles, powers, and duties of the Mayor were changed.

Discussion
April 22, 2026, Update:

On March 25, 2026, the committee discussed various topics pertaining to the roles, powers, and duties of the Mayor as outlined in the c ity charter. Three (3) conceptual charter amendments discussed are outlined below, as well as preliminary analysis by staff.

1) A c harter amendment that provides the Mayor with sole discretion on nominations for the position of City Manager for the Mayor and City Council’s consideration.
• Staff Analysis: To implement such a change the city would be required to draft a charter amendment to Article III, Section 303 of the City of San Bernardino City Charter to explicitly provide the mayor the sole discretion to bring forward nominations for the position of City Manager for the Mayor and City Council’s consideration. The amendment would have to be considered and approved by the City C ouncil, placed on an election ballot, and approved by voters. As an operational matter , staff would adhere to any specific administrative steps or requirements

Packet Page 6
outlined in the specific language of the charter amendment or associated municipal code ordinances.
2) A c harter amendment that provides the Mayor with a formal vote on all legislative matters in the same manner as a City Council member. • Staff Analysis: To implement such a change the city would be required to draft a charter amendment to several sections of the of the City of San Bernardino City Charter , including but not limited to Article III. The amendment would have to be considered and approved by the City Council, placed on an election ball ot, and approved by voters . As an operational matter , staff would develop specific administrative procedures, documents, or policies to effectuate the charter amendment in accordance with the charter and the municipal code ordinances. 3) A charter amendment that provides additional detail on the role, powers, and duties of the Mayor.
• Staff Analysis: To implement such a change the city would be required to draft a charter amendment to Article III, Section 303 of the City of San Bernardino City Charter. The amendment would have to be considered and approved by the City C ouncil, placed on an election ball ot, and approved by voters.

March 25, 2026, Analysis:

The role of the Mayor in the City of San Bernardino also changed following the adoption of a new charter. The following sections compar e the roles, powers, and duties of the Office of the Mayor under the old charter (pre-2017) versus the new charter (post-2017).

The Old Charter (Pre-2017)
Prior to the 2016 Charter reform, the City of San Bernardino operated under a "Strong Mayor" form of government. In this system, the Office of the Mayor ha d significant authority over city departments and daily operations, including but not limited to:

Role
• Chief Executive: The Mayor was the primary executive leader of the city, responsible for both high-level management and day-to-day operations.

Powers
• Administrative Oversight: Held general supervision over all the departments and public institutions of the City, and general supervision of the City Manager, Acting City Manager, Chief of Police, Chief of the Fire Department, and all elected officials, except Council Members.
• Appointment Authority: Held broad power to appoint department heads and officials without the mediation of a City Manager.
• Tie-Breaking Vote: The Mayor held the authority to cast a tie-breaking vote.

Packet Page 7

Duties
• Financial Auditing: Was explicitly required to ensure a competent expert examined the books and records of all public departments pertaining to city finances at least once a year.
• Presiding Officer: Presided over all City Council meetings. • Chief Spokesman: The Mayor served as the Chief Spokesman for the City of San Bernardino.

The New Charter (Post-2017 Reform)
The governance structure of the City of San Bernardino shifted following the voter- approved charter amendment on November 8, 2016 (filed January 31, 2017). This reform moved the city to a Council-Manager form of government, which redistributed executive authority from the Mayor to a City Manager.

Under the new Article III, Section 303 of the City Charter, administrative, appointment, and removal powers are vested in the City Manager. In this role, the Mayor facilitates policy development and serves as the chief spokesperson and ceremonial head of the City government.

Role
• Chief Spokesperson: Serves as the primary voice for the city to the community, media, and external agencies.
• Ceremonial Leadership: Acts as the head of government for all ceremonial purposes and the designated head under military law.

Powers
• Veto Authority: Exercises the power to veto any Council action approved by fewer than five members.
• Tie-Breaking & Charter Voting: Casts the deciding vote only in the event of a tie and participates in the appointment or removal of the City Manager, City Attorney, and City Clerk.
• Council Committee Appointments: Appoints members and officers to Council committees (those consisting of less than a majority of the Council).

Duties
• Intergovernmental Representation: Represents the City in intergovernmental relations and establishes and maintains regional leadership roles to advance City interests on boards such as SBCTA, SCAG, and Omnitrans. • Execution of Official Documents: Signs and executes all ordinances, resolutions, and contracts approved by the City Council.
• Policy Facilitation: Facilitates the development of city policy without exercising direct control over department staff.

Packet Page 8

Fiscal Impact
There is no fiscal impact associated with continuing a discussion on the on the role s, powers, and duties of the Mayor as outlined in the City of San Bernardino City Charter.

Conclusion
Continue a discussion on the roles, powers, and duties of the Mayor as outlined in the City of San Bernardino City Charter.

Attachments
None

Ward: All

Synopsis of Previous Committee Actions: N/A
Packet Page 9

Staff Report

City of San Bernardino
Charter Review Committee

Date: April 22, 2026

To: Charter Review Committee Members

From: Cory Hodges, Staff Liaison

Subject: Improving the Council-Manager Form of Government

Recommendation
Continue a d iscussion on opportunities to improve the Council -Manager form of government.

Background
San Bernardino is a " Charter" city as opposed to a "general law" city. Under California law, a general law city’s powers are limited to those granted to it by State statute and from the general police power granted to it by the State Constitution. On the other hand, a Charter city's power comes from the State Constitution which grants it “home rule” authority over municipal affairs, subject only to the limitations of the city’s Charter, the State Constitution, and preemptive State law that addresses matters of “statewide concern”. As a result, Charter cities have more legal and operational latitude than general law cities. The City Charter serves as the City's "constitution" and may only be amended by a majority vote of the people.

The City of San Bernardino’s current Charter was adopted by voters on November 8, 2016, and filed with the California Secretary of State on January 31, 2017. The 2016 Charter included numerous changes, most significantly the council-manager form of government.

Discussion
April 22, 2026, Update:

Charter amendments designed to improve the council -manager form of government generally seek to formalize the separation between policymaking and administration.

These updates seek to fortify the professional management structure by clarifying the boundaries between political leadership and daily operations, thereby institutionalizing transparency and oversight mechanisms within the city’s foundational legal framework.

On March 25, 2026, the committee discussed various topics pertaining to charter amendments that could potentially improve the council-manager form of government.

Packet Page 10

Ranked Choice Voting
The committee discussed a charter amendment that would implement Ranked Choice Voting (RCV) for replacement candidates after a recall election instead of a plurality (whoever gets the most votes even if it’s not a majority). Article VII, Elections, o f the current city charter states:

Article VII, Section 800
“Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify.

To facilitate the transition of elections from odd to even numbered years, consistent with the timing of elections for state and federal offices, the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1) year.”

To implement the committee's proposed amendment, the City would need to draft an amendment to Article VIII of the San Bernardino City Charter. This amendment would specifically require ranked choice voting to be used when filling a vacancy created by a successful recall. The process involves approval by the City Council, followed by placement on an election ballot for voter ratification. Operationally, staff would then develop the necessary administrative procedures and policies to align the municipal code with the new charter requirements.

The California charter cities of San Francisco, Oakland, Berkeley, San Leandro, and Redondo Beach utilize ranked choice voting for their municipal elections, including those that would fill an office after a vacancy:

Elected City Clerk
The committee also discussed a charter amendment reinstituting an elected City Clerk.

In 2016, voters passed Measure L, which made amendments to the city charter, including changing the City Attorney and City Clerk from elected officials to appointed officials. Prior to the 2016 measure the charter read as follows:

Section 14:
“There shall be elected at its general election in 199 6, and every fourth year thereafter four members of the Common Council, one each from the Third, Fifth Sixth, and Seventh Wards, who shall have been qualified electors and residents of their respective wards for at least thirty (30) consecutive days next preceding the date of filing of their nomination papers for the office and who shall be elected by qualified electors of their respective wards, a City Attorney, City Clerk, and City Packet Page 11

Treasurer elected at large who shall hold office for terms of four years from and after the first Monday in March and next succeeding their elections.”

The city’s current charter reads as follows:

Article V, Section 505, City Clerk
“A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance.”

To reinstitute an elected City Clerk, the City would need to draft an amendment to Article V, Section 505 of the City Charter. This amendment must be approved by the City Council, placed on an election ballot, and ratified by voters. Operationally, staff w ould then develop the specific administrative procedures and policies required to implement the amendment in accordance with the Charter and municipal code.

Charter Amendments – Cost
During a discussion on charter amendments that could improve the council-manager form of government at the March 25, 2026, meeting, the committee asked staff to identify the estimated cost of a charter amendment ballot measure. These costs vary based on timing; off-year election costs tend to be higher. The most recent data available is from the November 3, 2020, General Election, when the City placed Measure S on the ballot.

This measure established a 1% local sales tax (transactions and use tax) to replace the previous 0.25% rate (Measure Z) that was set to expire. The San Bernardino Registrar of Voters (ROV) charged the City $54,353 to place that measure on the ballot.

Charter Amendments – Improving the Council-Manager Form of Government Finally, the committee requested that staff identify charter provisions and recent amendments in other jurisdictions that could serve as models for improving the council - manager form of government. The following table outlines information relevant to th at request:

City Charter Establishment & Summary of Duties
City of Riverside Measure L, Office of the Inspector General , 2024 (Passed) - Charter Section 420: Created the Office of the Inspector General, a Charter officer appointed by the Mayor and City Council . The Office is authorized to conduct investigations, audits, inspections, and operational performance evaluations of city government entities, special districts, and joint powers authorities in which the City participates. Oversight extends to any entity receiving City funds and includes additional duties as established by City Council ordinance.

To ensure the Office's efficient and proper operation, the City Council Packet Page 12

must provide sufficient funding through its annual budget or supplemental appropriations.

City of Los
Angeles
Proposition H, City Ethics Commission , 1990 (Passed) Article VII: Established the City Ethics Commission responsible for enforcing laws regarding campaign financing, lobbying, and conflicts of interest.

It is authorized to conduct audits, issue subpoenas, and levy administrative fines. Following Measure ER (2024), the Ch arter now guarantees a minimum annual budget floor and grants the Commission independent authority to hire its own legal counsel. The City of San Francisco also has an Ethics Commission, but their charter grants the Commission power to place ethics -related amendments directly on the ballot via a supermajority vote.

City of Long
Beach
Measure AAA, Independent City Auditor, 2018 (Passed) - Charter Section 803: Established the City Auditor as an independently elected Charter officer, ensuring the position is directly accountable to the voters rather than the City Manager or City Council. The City Auditor is responsible for conducting independent audits of all cit y departments, funds, and programs to prevent fraud, waste, and abuse. Under Charter Section 214, the Auditor has the authority to examine all city accounts and records and must certify the city payroll.

This independent status allows the office to provide objective fiscal oversight and performance evaluations without administrative interference.

City of San
Diego
Proposition C, Independent City Auditor, 2004 (Passed) - Charter Section 39.: Established the Office of the Independent Budget Analyst (IBA) to provide the City Council with professional, objective budgetary and policy analysis. While the City Manager prepares and proposes the annual budget, the IBA serves as a dedicated resource for the Council, offering supplemental data and technical reviews of fiscal and legislative proposals. This structure ensures informational parity between the executive and legisla tive branches . By institutionalizing an independent source of expertise, the Charter strengthens the collaborative nature of the council-manager form and ensures that municipal decisions are supported by diverse professional perspectives.

March 25, 2026, Analysis:

The council-manager form of government is designed to separate political policymaking from professional administration. In this model, the elected body sets the city's strategic direction, while an appointed City Manager is granted the authority to implement those policies and manage daily operations.

The City of San Bernardino’s governance structure consists of a City Council of seven members elected by wards, a full-time directly elected Mayor, and a City Manager appointed by a majority of the Mayor and Council. While the City utilizes this framework, the Charter includes unique elements regarding the Office of the Mayor. Specifically, Packet Page 13

while the Mayor serves as the ceremonial head and chief spokesperson, the position also retains certain executive-style legislative powers, such as veto authority and tie- breaking votes. Additionally, the Mayor participates directly in the appointment and removal of Charter Officers, including the City Manager.

The following sections detail the specific roles, powers, and duties of the City Council and City Manager within this framework. A comprehensive analysis of the Mayor’s specific authorities is provided in a separate report.

City Council
Article III, Section 300 of the City of San Bernardino Charter describes the general powers and duties of the City Council by stating that:
“All powers of the City shall be vested in the City Council (“Council”), and to the extent provided in this Charter. The Council shall provide for the exercise and 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 Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals.”
Council members are expected to attend City Council meetings and sit on various City Council subcommittees and regional boards as decision-makers. A significant aspect in the role of a Council member is to conduct constituent services and act as the link between citizens and the local government that represents them. Additional functions that City Council members engage in include:
• Legislative Authority: Passing local laws (ordinances), resolutions, and approving contracts and agreements.
• Policy and Strategy: Establishing strategic priorities, community goals, and long-term land use and development plans.
• Budgetary Oversight: Approving the annual budget, setting tax rates, and maintaining the city’s fiscal integrity.
• Constituent Representation: Serving as the primary link between residents and local government to address community needs.

City Manager
Article IV, Section 401 of the City of San Bernardino Charter establishes the City Manager as the Chief Executive Officer of the City. Under this council-manager framework, the Manager is responsible to the Council for the management of all City Packet Page 14

affairs. Per the Charter, the City Manager is the “sole authority” for managing City operations and directing staff. Key duties include:
• Personnel Management: Appointing, suspending, or removing all City employees and administrative officers, except as otherwise provided by law or the Charter.
• Administrative Oversight: Directing and supervising the administration of all City departments, offices, and agencies.
• Fiscal Responsibility: Preparing and submitting the annual budget and capital improvement program to the Mayor and Council for consideration. • Council Advisory: Attending all Council meetings and participating in discussions (without the right to vote) to provide objective information and professional recommendations.

Mayor
While San Bernardino utilizes a Council-Manager framework, the Mayor is a full-time, directly elected official with a unique "hybrid" role. Under Article III, Section 303, the Mayor serves as the City's chief spokesperson and ceremonial head.

In the context of this governance model, the Mayor’s primary impact on operations is through:
• Strategic Leadership: Facilitating policy development and presiding over Council meetings.
• Legislative Checks: Holding the authority to cast tie-breaking votes and veto certain Council actions.
• Charter Appointments: Participating in the selection and removal of the City Manager.

Consistent with the Council-Manager model, the Charter explicitly prohibits the Mayor from exercising direct administrative or personnel authority over City operations, which remains the sole domain of the City Manager.

Fiscal Impact
There is no fiscal impact associated with a continued discussion on opportunities to improve the Council-Manager form of government.

Conclusion
Continue a discussion on opportunities to improve the Council -Manager form of government.

Attachments
Attachment 1 City of Riverside City Charter Section 420 Packet Page 15

Attachment 2 City of Los Angeles City Charter Article VII Attachment 3 City of Long Beach City Charter Article VIII Attachment 4 City of San Diego City Charter Section 39.3

Packet Page 16

CITY OF RIVERSIDE

CITY CHARTER
EFFECTIVE JANUARY 13, 2025
Packet Page 17

CITY OF

RJVERSIDE
CityofArts &Innovation

THE CHARTER
of the

CITY OF RIVERSIDE
The City Charter was ( 1) created in 1907;
2) amended in 1929, 1934, and 1949;
3) republished in its entirety in 1953; (4) amended
in 1955, 1956, 1962, 1963, 1964, 1966, 1967, 1968,
1969, 1973, 1974, 1976, and 1977; and ( 5) again
republished in its entirety in 1981. The legislative
history included in this Charter reflects
amendments pertaining to appropriate sections
since 1981.

The Charter was most recently ratified by the
qualified electors of the City at an election held
on November 5, 2024, and filed in the Office of
the Secretary of State on January 13, 2025.

Under present state law, January 13, 2025, is
therefore the effective date of the Charter.

Office of the City Clerk
Donesia Gause, MMC, CERA
3900 Main Street
Riverside, California 92522
951) 826- 5557
Packet Page 18
Sec. 419. Same -- Execution.

The City shall not be bound by any contract except as hereinafter provided unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed to do so by the City Council.

By ordinance or resolution the City Council may authorize the City Manager to bind the City, with or without written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items, if included within the budget approved by the City Council, and may impose a monetary limit upon such authority.

The City Council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto.

Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the Department of Public Utilities upon forms approved by the City Manager and at rates fixed as in this Charter provided.

The provisions of this section shall not apply to services rendered by any person in the employ of the City at a regular salary.

Sec. 420. Office of Inspector General.
a) There shall be an Office of Inspector General which shall have the power and duty to provide a full- time program of investigation, audits, inspections, and operational performance evaluations in accordance with generally accepted auditing standards to provide increased accountability and oversight of entities of city government, special districts and joint powers authorities of which the City is a member and entities receiving funds through the City, to assist in improving agency operations and in deterring and identifying fraud, waste, abuse, and illegal acts.
b) The Office of Inspector General shall be headed by an appointed Inspector General, as otherwise provided in the Charter. The process for the selection of the Inspector General shall be determined by the City Council and Mayor. The City Council and Mayor shall appoint, by majority vote, the available person believed to be best qualified based on executive and administrative qualifications, with special reference to experience in, and knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The Inspector General shall serve at the pleasure of the City Council and Mayor, with the Mayor entitled to vote on any appointment, suspension or removal of the Inspector General.
c) The City Council shall include in its annual budget or through supplemental appropriation such appropriations of funds sufficient for the efficient and proper functioning of the Office of Inspector General. At least six months prior to the beginning of each fiscal year, the Inspector General shall provide to the City Manager a budget containing estimates of revenues and expenditures for the Office of Inspector General. d) Neither the Mayor nor the City Council nor any of its members shall interfere with the execution by the Inspector General of his/ her powers and duties or order, directly or indirectly, the appointment by the Inspector General of any person to an office or employment or their removal therefrom. Except for purpose of inquiry, the Mayor, the City 12 Packet Page 19
Council and its members shall deal with the Office of the Inspector General solely through the Inspector General and neither the Mayor nor the City Council nor any member thereof shall give orders to any subordinates of the Inspector General, either publicly or privately.
e) The duties of the Inspector General may include, but not be limited to, oversight and supervision of audits, investigations, inspections, and operational performance reviews.
f) The Inspector General is authorized to have access to City records, reports, audits, reviews, plans, projections, documents, files, contracts, memoranda, correspondence, data, or other information, both hard - copy and electronic.

Additionally, the Inspector General shall have access to the City Council, the Mayor, offices of the City Manager, City Clerk, and City Attorney, Board Members, Commissioner, and City personnel as appropriate.
g) The Inspector General shall exercise such other powers and perform such other duties as may be prescribed by ordinance not inconsistent with any of the provisions of this Charter.
h) The Inspector General shall be accorded a place in the weekly City Council Agenda Setting Conference and shall be entitled to place a matter before the City Council and Mayor for discussion and consideration.
i) The Inspector General shall report, at least annually, the final findings and recommendations from its activities to the City Council at a public meeting. ( Effective 1/ 13/ 2025)
ARTICLE V. ELECTIONS.

Sec. 500. General municipal elections.

On June 8, 2021, an election for Councilmembers to represent Wards 2, 4, and 6 shall be held. Said term shall be for five years and until their respective successors qualify.

Beginning in 2026 and thereafter, the Councilmembers' terms shall be for four years.

Beginning in 2022, general municipal elections for the election of the members of the City Council and for such other purposes as the City Council may prescribe shall be held in the City on the same day as the statewide election, consistent with the primary election date set by the State.

General municipal elections for the election of the Mayor shall be held on the same day as the statewide election, consistent with the primary election date set by the State in United States Presidential election years. ( Effective 1/ 5/ 2007 and 12/ 22/ 2020) Sec. 501. Special municipal elections.

All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. ( Effective 12/ 27/ 1995) Sec. 502. Compliance with State law.

Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, 13 Packet Page 20

ARTICLE VII
CITY ETHICS COMMISSION; SPECIAL PROSECUTOR

Section
700 City Ethics Commission.
701 Executive Director, Commission Staff and Delegation of Authority. 702 Duties and Responsibilities of the Ethics Commission. 703 Rules, Regulations and Proposals.
704 Additional Duties.
705 Requests for and Issuances of Opinions; Advice.
706 Investigations and Enforcement Proceedings.
707 Divestiture.
708 Legal Services.
709 Judicial Review.
710 Appointment of Special Prosecutor.
711 Appropriation and Expenditures.
712 Authority; Conflict with Other Charter Provisions.

Sec. 700. City Ethics Commission.

(a) Establishment. There shall be a City Ethics Commission that shall have the powers, duties and responsibilities set forth in this Article and elsewhere in the Charter. The commission shall have five members, each of whom shall be a part-time commissioner.

(b) Appointment. The Mayor, the City Attorney, the Controller, the President of the Council and the President Pro Tempore of the Council shall each appoint one member to the commission. All appointments shall be subject to confirmation by a majority vote of the Council. An appointing authority shall not appoint their relative or the relative of any other elected City officer, a campaign consultant, or a major donor. For purposes of this provision: a relative includes a spouse, domestic partner, child, parent, sibling, or in-law; a campaign consultant includes an individual who has provided compensated advice or services to a political campaign or to a committee controlled by a City officeholder in the prior 12 months; and a major donor includes an individual who has qualified as a major donor under the Political Reform Act in the prior 12 months. A President and Vice President of the commission shall be selected by the commission and shall serve in those capacities as set forth in Section 503.

(c) Terms of Office. The members of the commission, including the president, shall serve staggered five-year terms beginning on July 1 and ending on June 30. No member who has served a complete five-year term shall be eligible for reappointment.

(d) Qualifications. Each member of the commission shall be a registered voter of the City. Neither a member of the commission nor its Executive Director shall seek election to any City office or Los Angeles Unified School District Board of Education office concerning which the commission has made a decision during the term of the commissioner or Executive Director unless the election for that office is to be held at least two years following the expiration of the term of office of the commissioner or Executive Director. During their tenure, neither a member of the commission nor its Executive Director shall:

(1) hold any other public office;

(3) participate in or contribute to an election campaign for a member of the Los Angeles Unified School District Board of Education;

(4) participate in or contribute to a City official or member of the Los Angeles Unified School District Board of Education running for any elective office;

(5) employ or be employed as a person required to register as a lobbyist with the City of Los Angeles;

(6) have an ownership interest in a business (other than stock in a publicly traded company) that contracts with or seeks discretionary approvals from the City; or personally provide compensated services to the City under a contract;

(7) provide compensated advice or services to a political campaign or to a committee controlled by a City officeholder; or

(8) contribute to committees such that the individual qualifies as a major donor as provided under the Political Reform Act.

(e) Removal. A member of the commission may be removed by the member's appointing authority, with the concurrence of the Council by majority vote, or by a two-thirds vote of the Council for substantial neglect of duty, gross misconduct in office, inability to discharge the powers and duties of office, or violation of this Article, after written notice of the grounds on which removal is sought and an opportunity for a reply.

(f) Vacancies. Appointments to fill a vacancy on the commission shall be made within 90 days by the same appointing authority who appointed the prior holder of the position. An appointment to fill a vacancy shall be for the unexpired term of the member whom the appointee succeeds. A vacancy or vacancies shall not impair the right of the remaining members to exercise the powers of the Commission.

(g) Quorum. Three members shall constitute a quorum, and the concurring vote of at least three members shall be required to take any action.

(h) Compensation; Expenses. Members of the commission shall be compensated in the same manner and at the same rate as provided by Section 501. The members of the commission shall be reimbursed for expenses incurred in the performance of their official duties.

SECTION HISTORY

Amended by: Subsec. (d), Charter Amendment L, approved March 6, 2007, effective April 4, 2007; Subsecs. (b), (d), (e) and (f), Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.

Sec. 701. Executive Director, Commission Staff and Delegation of Authority.

(a) The commission shall appoint and has the authority to discharge an Executive Director, who shall act in accordance with commission policies and regulations and with applicable law. The Executive Director shall serve at the will of the commission, shall not be subject to civil service provisions, and shall have no property interest in the Executive Director’s employment. The commission shall establish a salary range for the Executive Director consistent with other City general managers, considering similar duties and responsibilities, and shall annually set or adjust the salary for the Executive Director from within that range. The Executive Director shall not serve in that capacity for more than ten years.

4/16/26, 9:52 AM export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ https://export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ 2/9 Packet Page 22
(b) The Executive Director shall appoint and has the authority to discharge commission staff members and prescribe their duties. Personnel of the commission shall serve at the will of the Executive Director, shall not be subject to civil service provisions, and shall have no property interest in their employment.

(c) The commission may delegate authority to the Executive Director to act on behalf of the commission between meetings of the commission, except that rules, regulations and adjudicatory decisions can only be acted upon by the commission.

SECTION HISTORY

Amended by: Subsecs. (a) and (b), Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.

Sec. 702. Duties and Responsibilities of the Ethics Commission.

The commission shall have responsibility for the impartial and effective administration and implementation of the provisions of the Charter, statutes and ordinances concerning campaign financing, lobbying, conflicts of interest and governmental ethics.

The City Ethics Commission shall have the following duties and responsibilities:

(a) to receive documents required to be filed pursuant to, and to otherwise administer, the provisions of Section 470 and to conduct audits as otherwise set forth in that Section;

(b) to receive documents required to be filed pursuant to, and to otherwise administer, the provisions of the City’s municipal lobbying ordinance;

(c) to act as the filing officer and to otherwise receive documents in any instance where the City Clerk would otherwise be authorized to do so pursuant to Chapters 4 and 7 of the California Political Reform Act of 1974 (Government Code Section 81000, et seq.), as amended;

(d) to audit disclosure statements and other relevant documents and investigate alleged violations of state law, the Charter and City ordinances relating to limitations on campaign contributions and expenditures, lobbying, governmental ethics and conflicts of interest and to report the findings to the City Attorney and other appropriate enforcement authorities. Audits shall be conducted of every candidate receiving public matching funds and may be conducted of other candidates and committees involved in City elections;

(e) to provide assistance to agencies and public officials in administering the provisions of the Charter and other laws relating to campaign finance, conflicts of interest and governmental ethics;

(f) to make recommendations to the Mayor and the Council concerning campaign finance reform, lobbying, governmental ethics and conflicts of interest and to report to the Council every three years concerning the effectiveness of these laws;

(g) to maintain a whistle-blower hot line;

(h) to annually adjust the limitation and disclosure thresholds required by City law to reflect any increases or decreases in the Consumer Price Index. Adjustments shall be rounded off to the nearest hundred dollars for the limitations on contributions and the nearest thousand dollars for the limitations on expenditures and the matching funds provisions of relevant ordinances;

(i) to assist departments in developing their conflict of interest codes as required by state law;

4/16/26, 9:52 AM export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ https://export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ 3/9 Packet Page 23
(j) to advocate understanding of the Charter, City ordinances and the roles of elected and other public officials, City institutions and the City electoral process;

(k) to have full charge and control of its office, to be responsible for its proper administration, to submit annually a proposed budget and to expend the funds of the office, all as otherwise prescribed by law; and

(l) to receive grants, gifts and appropriations, subject to the approval of the Council.

(m) to perform duties related to the Independent Redistricting Commission as provided in the Charter and by ordinance.

SECTION HISTORY

Amended by: Subsec. (m) added, Charter Amendment DD, approved November 5, 2024, effective January 8, 2025.

Sec. 703. Rules, Regulations and Proposals.

(a) The commission may adopt, amend and rescind rules and regulations, subject to Council approval without modification, to carry out the purposes and provisions of the Charter and ordinances of the City relating to campaign finance, conflicts of interest, lobbying, and governmental ethics and to govern procedures of the commission.

(b) Within 60 days after a rule or regulation is adopted by the commission, the Council shall hold a public hearing concerning the matter and act to approve or disapprove the rule or regulation in the form approved by the commission by ordinance. If the Council fails to disapprove within the 60 day period, the rule or regulation shall be presented to the Mayor for approval or veto, and to the Council for override of the Mayor’s veto. If approved by the Mayor, or the Mayor fails to act, or approved by the Council on override of the Mayor’s veto, the rule or regulation shall have the force of law. Violation of the rule or regulation shall be subject to those penalties and remedies as may be provided.

(c) Within 180 days after the commission transmits a policy proposal within its jurisdiction to the Council, the Council shall hold a public hearing on the proposal. If the Council does not hold a hearing within the 180-day period, the City Clerk shall schedule the proposal at the next regular meeting of the City Council.

SECTION HISTORY

Amended by: Title amended and Subsec. (c) added, Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.

Sec. 704. Additional Duties.

The commission shall have the following additional duties, which may be exercised by motion or order:

(a) Prescribe forms for reports, statements, notices and other documents required by the Charter, ordinances or other laws relating to campaign financing, conflicts of interest, lobbying or governmental ethics.

(b) Prepare and publish manuals and instructions setting forth methods of bookkeeping, preservation of records to facilitate compliance with and enforcement of the above laws, and explaining applicable duties of persons and committees.

(1) seminars, when deemed appropriate, to familiarize newly elected and appointed officers and employees, candidates for elective office and their campaign treasurers, and lobbyists with City, state and federal ethics laws and the importance of ethics to the public’s confidence in municipal government.

(2) annual seminars for top-level officials, including elected officers and commissioners, to reinforce the importance of compliance with and to inform them of any changes in the law relating to conflicts of interest and governmental ethics.

(3) a manual that summarizes, in simple, non-technical language, ethics laws and reporting requirements applicable to City officers and employees, instructions for completing required forms, questions and answers regarding common problems and situations, and information regarding sources of assistance in resolving questions. The manual shall be updated when necessary to reflect changes in applicable City, state and federal laws governing the ethical conduct of City employees.

Sec. 705. Requests for and Issuances of Opinions; Advice.

(a) Any person may request the commission to issue a written opinion with respect to his or her duties under provisions of the Charter or any ordinance relating to campaign finance, conflicts of interest, lobbying or governmental ethics. The commission shall, within 14 days, either issue a written opinion or advise the person who made the request whether an opinion will be issued. No person who acts in good faith on a written opinion issued to him or her by the commission shall be subject to criminal or civil penalties for so acting, provided that the material facts are as stated in the opinion request. The commission’s opinions shall be public records and may from time to time be published.

(b) Any person may request the commission to provide written advice with respect to the person’s duties under provisions of the Charter or any ordinance relating to campaign finance, conflicts of interest, lobbying, or governmental ethics. Advice shall be provided within 21 working days of the commission’s actual receipt of the request, except that the time may be extended by the commission for good cause. Reliance on the advice, or the failure of the Commission to provide the advice within 21 working days of its receipt of the request, or within the extended time for response, shall be a complete defense in any enforcement proceeding initiated by the commission, and evidence of good faith conduct in any other civil or criminal proceeding if the requester, at least 21 working days prior to the alleged violation, requested written advice from the commission in good faith, disclosed truthfully all the material facts, and committed the acts complained of either in reliance on the advice or because of the failure of the commission to provide advice within 21 days of the request or such later extended time.

Sec. 706. Investigations and Enforcement Proceedings.

The commission shall conduct investigations of alleged violations of state law, the Charter and City ordinances relating to campaign financing, lobbying and conflicts of interest and governmental ethics.

Any person who violates any provision of the Charter or of a City ordinance relating to campaign financing, lobbying, conflicts of interest or governmental ethics, or who causes any other person to violate any provision, or who aids and abets any other person in a violation, shall be liable under the provisions of this Article.

(a) Investigations.

4/16/26, 9:52 AM export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ https://export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ 5/9 Packet Page 25
(1) If the commission, upon the sworn complaint of any person or on its own initiative, first determines that there is sufficient cause to conduct an investigation, it shall investigate alleged violations of state law, the Charter or City ordinances relating to campaign financing, lobbying, conflicts of interest and governmental ethics. The commission shall not be required to investigate a complaint filed with it unless the complaint identifies the specific alleged violation which forms the basis for the complaint and contains sufficient facts to warrant an investigation.

(2) The investigation shall be conducted in a confidential manner. Records of any investigation shall be considered confidential information pursuant to Section 18362 of Title 2 of the California Code of Regulations, as amended, or any successor provision. Any member or employee of the commission or other person who, prior to a determination by the Executive Director whether or not to proceed with an administrative or other enforcement action, discloses information about any preliminary investigation, except as necessary to conduct the investigation, shall be liable pursuant to this Article. The unauthorized release of confidential information shall be sufficient grounds for the termination of the employee or removal of the commissioner responsible for the release. The termination of clerical employees only shall be subject to applicable civil service provisions.

(3) The commission and any special prosecutor may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records or other items material to the performance of the commission’s duties or exercise of its powers.

(b) Findings of Probable Cause; Administrative Enforcement. If the Executive Director of the commission or the Executive Director’s designee determines that there is probable cause to believe that a provision of the Charter or City ordinances relating to campaign financing, lobbying, conflicts of interest or governmental ethics has been violated, the Executive Director or the Executive Director’s designee shall cause an administrative enforcement accusation to be issued and served. No finding of probable cause shall be made by the Executive Director or Executive Director’s designee unless, at least 21 days prior to the Executive Director or the Executive Director’s designee’s consideration of the alleged violation, the person alleged to have committed the violation is notified of the alleged violation by service of process or registered mail with return receipt requested, is provided with a summary of the evidence, and is informed of their right to be present in person and represented by counsel at any proceeding held for the purpose of considering whether probable cause exists for believing the person committed the violation. Notice to the alleged violator shall be deemed made on the date of service, the date the registered mail receipt is signed, or, if the registered mail receipt is not signed, the date returned by the post office. A proceeding held for the purpose of considering probable cause shall be private unless the alleged violator files with the commission a written request that the proceeding is public.

(c) Administrative Hearings, Orders and Penalties. After an accusation is issued and served, the commission shall cause a public evidentiary hearing to be held to determine if a violation has occurred. When the commission determines on the basis of substantial evidence presented at the hearing that a violation has occurred, it shall issue an order which may require the violator to:

(1) cease and desist the violation;

(2) file any reports, statements or other documents or information required by law; and/or

(3) pay a monetary penalty to the General Fund of the City of up to fifteen thousand dollars ($15,000) for each violation, adjusted annually to reflect changes to the Consumer Price Index, or three times the amount which the person failed to report properly or unlawfully contributed, expended, gave or received, whichever is greater. When the commission determines that no violation has occurred, it shall publish a declaration so stating.

(d) Referrals Between Agencies. Regardless of whether the Executive Director or designee makes a formal determination concerning probable cause, the matter may be referred to another appropriate agency for purposes 4/16/26, 9:52 AM export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ https://export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ 6/9 Packet Page 26
of enforcement.

SECTION HISTORY

Amended by: Subsecs. (b), (c) and (d), Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.

Sec. 707. Divestiture.

In the event a member of a City board or commission is disqualified during any 365 day period from acting on (1) three or more agenda matters by reason of the same investment in a business entity, the same interest in real property or the same source of income, or (2) 1% or more of the matters pending before the board or commission by reason of any investments in business entities, any interests in real property or any sources of income, the commission shall examine the nature and extent of the conflicts and shall determine whether the member has a significant and continuing conflict of interest. If the commission so determines, it shall order divestment of the conflicting investment, interest or source of income. The Council may, by ordinance, impose additional requirements to assure that continuing conflicts of interest by members of boards and commissions are adequately monitored and avoided.

Sec. 708. Legal Services.

The City Attorney shall provide legal services to the commission, except that, notwithstanding Section 275, the commission may retain its own legal counsel to provide advice to the commission and to take such action as the commission may direct when necessary under the two circumstances described in this Section. First, independent of the City Attorney, the commission may employ or contract for staff counsel to give advice to the commission and to take such action as the commission may direct on matters that directly involve the conduct of the City Attorney, the City Attorney’s office, or the City Attorney’s election campaign. Second, the commission may retain its own legal counsel for legal services in carrying out the commission’s responsibilities and duties under Section 706 on a specific investigative or enforcement matter. In this second circumstance, the commission and the City Attorney shall approve a panel of law firms or attorneys from which the commission may select legal counsel for these services.

SECTION HISTORY

Amended by: Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.

Sec. 709. Judicial Review.

Any interested person may seek judicial review of any action of the commission.

Sec. 710. Appointment of Special Prosecutor.

(a) Notwithstanding Section 275, when the City Attorney determines that the City Attorney’s office has a possible conflict of interest and that the office should not investigate or prosecute an alleged violation of the Charter, City ordinance or regulation, or statute relating to campaign financing, lobbying, conflicts of interest or governmental ethics, the City Attorney shall notify the City Ethics Commission, which by a four-fifths vote of all of its members may determine to appoint a special prosecutor to conduct the investigation. A special prosecutor shall not be appointed when it appears from a preliminary investigation that an alleged violation will warrant only an action for civil damages or administrative penalties. 4/16/26, 9:52 AM export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ https://export.amlegal.com/api/export-requests/6732da11-727c-4b7e-bf59-f0630a33893f/download/ 7/9 Packet Page 27

(b) The commission’s appointment of a special prosecutor shall be made from a list of special prosecutors approved by the commission at the beginning of each odd-numbered year. The special prosecutor, upon appointment, shall have the authority to file and prosecute criminal and civil actions in the name of the People.

(c) Each fiscal year the budget of the City Ethics Commission shall include the sum of five hundred thousand dollars ($500,000) for expenditure to support any special prosecutor appointed pursuant to this section. In the event that all of these funds have been or are likely to be expended before the end of any fiscal year, the commission may request an additional appropriation from the Council. Under no circumstance shall the amount appropriated or provided under contract for a special prosecutor exceed five hundred thousand dollars ($500,000) in any fiscal year without Council approval. The Council shall have 30 days (excluding weekends and holidays) following its receipt to accept, reject, or modify a request for additional funds from the commission. If Council does not act within that time period, the request is deemed approved. The Mayor shall act on the Council’s action or inaction if the request is deemed approved within five days (excluding weekends and holidays). If the Mayor vetoes the Council’s action, the Council shall have five days (excluding weekends and holidays) to override the veto by a two-thirds vote.

(d) A special prosecutor appointed pursuant to this section may be removed from office only by the action of the commission, and only for good cause, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the special prosecutor’s duties.

SECTION HISTORY

Amended by: Subsecs. (a), (b) and (c), Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.

Sec. 711. Appropriation and Expenditures.

(a) Starting with the 2025-2026 fiscal year budget, the Council shall appropriate a minimum of seven million ($7,000,000) dollars for each fiscal year for the commission’s annual operating budget. The appropriation amount shall be adjusted each fiscal year based on the change to City’s revenues in the prior year. However, adjustment to the commission’s annual budget based on the change to City’s revenues in the prior year is not required if the Council finds that exigent circumstances exist such that an adjustment should not be made for that fiscal year.

(b) The expenditures of the commission shall not require prior approval of City offices or personnel where the expenditures are within the Commission’s budget, unless Council makes a finding of exigent circumstances. The commission shall comply with applicable City requirements, procedures, and laws relating to the expenditures.

(c) The commission is not subject to hiring freezes when it operates within its budget, unless the Council makes a finding of exigent circumstances.

SECTION HISTORY

Amended by: Title and Section, Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.

Sec. 712. Authority; Conflict with other Charter Provisions.

This Article is adopted pursuant to and under the authority of Article XI, Section 5 of the California Constitution, and California Government Code Section 81013. In the event any provision of this Article conflicts with other provisions of the Charter, this Article shall prevail.

The office of the City Auditor shall consist of the City Auditor and such employees as the City Council may provide for in the budget.

Sec. 801. - QUALIFICATION AND TERM OF OFFICE.

The City Auditor shall be elected by the qualified electors of the City and shall hold office for four (4) years, and until a successor has been elected and qualified. To qualify for the office of City Auditor, a candidate shall be licensed to practice in the State of California as a certified public accountant and have been so certified for at least five (5) years immediately preceding the date of filing of a nominating petition for the office of City Auditor.
(Amended by Prop. S, 4-9-2002, eff. 6-10-2002)
Sec. 802. - APPOINTMENTS BY THE CITY AUDITOR.

The City Auditor shall appoint all employees in his office, for whose acts he shall be responsible. Such appointees shall serve at the pleasure of the City Auditor.

Sec. 803. - DUTIES OF THE CITY AUDITOR.

The City Auditor shall be the general auditor of the City and of every department, commission and office thereof. The City Auditor shall have the authority to conduct performance audits of City departments, boards, commissions and offices. Performance audits are defined as independent assessments of programs, functions, operations, or management designed to enhance performance, cost savings, efficiency or service improvements. The City Auditor, as often as the City Auditor shall deem it advisable, but in any case at least once in each fiscal year, and at such other times as the City Auditor shall be directed by the City Council, shall carefully examine and audit the books, records, accounts, funds and securities of all departments, boards, commissions and offices of the City for the purpose of determining: the accuracy and correctness of such books, records and accounts; that the City and Commissions thereof are receiving all monies, of whatsoever nature due it or them; and that such monies are allocated to the funds entitled thereto. Immediately upon the completion of such examination and audit, the City Auditor shall make and file with the City Clerk and City Council, a written report thereof. If, during the course of such examination and audit, the City Auditor discovers any irregularities, the City Auditor shall immediately make and file a written report thereof to the City Clerk and City Council. 4/16/26, 10:02 AM Long Beach, CA City Charter
about:blank 1/3
Packet Page 30
The City Auditor shall verify the cash in the City Treasury at least once a quarter and shall make a written report thereof to the City Council.
(Amended by Meas. AAA, 11-6-2018, eff. 12-11-2018)
Sec. 804. - DISBURSEMENTS AUDIT.

The City Auditor shall regularly review all systems and procedures for the disbursement of City funds and all its departments, commissions, offices and agencies and shall require such controls as deemed necessary to insure that such disbursements are made in accordance with applicable laws, regulations and policies. As evidence of this regular review, the City Auditor shall sign or cause to be affixed his or her facsimile signature to each check or warrant. If the City Auditor objects to a disbursement, the objection may be overruled by a majority vote of the membership of the City Council or by such other independent commission or agency of the City having appropriate jurisdiction. The provisions of this or any other section shall not preclude the authorization and use of imprest cash funds to effect economies in the processing of nominal City expenditures, subject only to advance approval by the City Auditor of procedures, amount and general purpose of such funds.

Sec. 805. - RECEIPTS AUDIT.

The City Auditor shall regularly review all systems and procedures relating to the receipt of funds by the City and all its departments, commissions, offices and agencies and shall require such controls as deemed necessary to insure that such receipts are properly deposited on a timely basis in the City Treasury.

Sec. 806. - COPIES OF RECORDS, REPORTS AND CONTRACTS.

A certified copy of every contract in which the City or any of its commissions is a party shall be filed with the City Auditor within ten (10) days after execution. The City Auditor shall be furnished a copy of all reports of a financial nature prepared by any department, commission, office or agency of the City. In the performance of his or her duties, the City Auditor shall have timely access to all City records, including but not limited to financial records, contracts, documents, systems, files, property and other internal records, unless restricted or prohibited by law.
(Amended by Meas. AAA, 11-6-2018, eff. 12-11-2018)
Sec. 807. - VACANCY IN THE OFFICE OF THE CITY AUDITOR.

In the event of a vacancy in the office of the City Auditor for any reason, the City Council shall designate an assistant as Acting City Auditor who shall serve in that position until the City Council appoints a successor for the unexpired balance of the term. The City Council shall act as expeditiously as possible to appoint a 4/16/26, 10:02 AM Long Beach, CA City Charter
about:blank 2/3
Packet Page 31
successor having the qualifications prescribed herein.
4/16/26, 10:02 AM Long Beach, CA City Charter
about:blank 3/3
Packet Page 32

SAN DIEGO CITY CHARTER

V. 10

the requirements of the C alifornia Public
Records Act.

(Addition voted 06 -03-2008; effective
07-08-2008.)
(Amendment voted 03 -03-2020; effective 5 -
20-2020.)

SECTION 39.3: INDEPENDENT BUDGET

ANALYST

Notwithstanding any other provision of
this Charter, the City Council shall have the
right to establish by ordinance an Office of
Independent Budget Analyst to be
managed and controlled by the
Independent Budget Analyst. The Office of
the Independent Budge t Analyst shall
provide budgetary and policy analysis for
the City Council. The Council shall appoint
the Independent Budget Analyst, who shall
serve at the pleasure of the Council and
may be removed from office by the
Council at any time. Any person serving as
the Independent Budget Analyst shall have
the professional qualifications of a college
degree in finance, economics, business, or
other relevant field of study or relevant
professional certification. In addition, such
appointee shall have experience in the
area of municipal finance or substantially
similar equivalent experience. The
Independent Budget Analyst shall be the
appointing authority of all City personnel
authorized in the department through the
normal annual budget and appropriation
process of the City, and subject to the Civil
Service provisions of this Charter.

(Addition voted 06 -03-2008; effective
07-08-2008.)
SECTION 40: CITY ATTORNEY

A City Attorney shall be elected for a term
of four years in the manner prescribed by
Section 10 of this Charter. The City
Attorney shall hold office for the term
prescribed from and after 10 a.m. on the
tenth day of December next succeeding
the election and until a successor is
elected and qualified. If the tenth day of
December falls on a weekend or holiday,
the term shall begin at 10 a.m. on the next
calendar day that is not a weekend or a
holiday.

No person shall serve more than two
consecutive four -year terms as City
Attorney. If for any reason a person serves
a partial term as City Attorney in excess of
two years, that partial term shall be
considered a full term for purposes of this
term limit provision.

The City Attorney shall be the chief legal
adviser of, and attorney for the City and all
Departments and offices thereof in
matters relating t o their official powers
and duties, except in the case of the Ethics
Commission and the Commission on
Police Practices, which each shall have its
own legal counsel independent of the City
Attorney, and in the case of the Office of
the City Auditor, which may retain and use
independent legal counsel for the City
Auditor, the City Auditor’s subordinates,
and the Audit Committee on the
conditions set forth in Charter Section

40.2. The attorney and his or her deputies
shall devote their full time to the duties of
the office and shall not engage in private
legal practice during the term for which
Packet Page 33

Mayor and City CouncilApril 22, 2026

Mayor and City Council
April 22, 2026