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Miscellaneous. SECTION 1. Every officer shall hold his office until the expiration of the term for which he was elected or appointed and until his successor is elected or appointed and qualified; and where no other period is prescribed, the term of such officer shall not exceed four years. An officer shall be deemed to have been “ qualified ” when be has taken the oath of office and filed the same, to. gether with his official bond, if a bond is required, as herein provided.
Sec. 2. All officers, deputies, clerks, assistants and other employees of the city and county, and of the several Departments thereof, must be citizens of the United States, and during their respective terms of office or employment, must, with the exception of teachers in the Public Schools and employees in the Public Library, reside in said city and county, and have been residents of said city and county one year next preceding their appointment. They and each of them shall perform such duties as may be required of them respectively by law, ordinance, or this Charter, and shall only receive such compensation as may have been previously provided, and such compensation shall not be increased during the term of their respective offices or employment.
SEC. 3. Any person holding a salaried office under said city and county, whether by election or appointment, who shall, during his term of office, hold or retain any other civil office of honor, trust or employment under the government of the United States, or of this State (except the office of Notary Public, or officer of the National Guard), or who shall hold any other office connected with the government of said city and county, or who shall become a member of the Legislature, shall be deemed to have thereby vacated the office held by him under the city and county government.
Sec. 5. ÑO member of the Board of Supervisors, and no officer or employee of said city and county, shall be or become, directly or indirectly, interested in, or in the performance of, any contract, work or business, or in the sale of any article, the expense, price or consideration of which is payable from the city and county Treasury; or in the purchase or lease of any real estate or other property belonging to, or taken by, said city and county, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of said city and county. If any person in this section designated shall, during the time for which he was elected or appointed, acquire an interest in any contract with, or work done for, said city and county, or any Department or officer thereof, or in any franchise, right or privilege granted by said city and county, unless the same shall be devolved upon him by law, he shall forfeit his office, and be forever after debarred and disqualified from being elected, appointed or employed in the service of said city and county; and all such contracts shall be void, and shall not be enforceable against said city and county.
Sec. 5. No officer or employee of said city and county shall give, or promise to give, to any other person, any portion of his compensation, or any money, or valuable thing, in consideration of having been, or of being, nominated, appointed, voted for, or elected to, any office or employment; and if any such promise or gift be made, the person making such gift or promise shall forfeit his office and employment, and be forever debarred and disqualified from being elected, appointed or employed in the service of said city and county.
SEC. 6. Any officer of said city and county who shall, while in office, accept any donation or gratuity in money, or other valuable thing, either directly or indirectly, from any subordinate or employee, or from any candidate or applicant for any position as employee or subordinate under him, shall forfeit his office, and be forever de barred and disqualified from holding any position in the service of said city and county.
SEC. 7. An office becomes vacant when the incumbent thereof dies, resigns, is adjudged insane, convicted of felony, or of an offense involving a violation of his official duties, or is removed from office, or ceases to be a resident of said city and county, or neglects to qualify within the time prescribed by law, or within twenty days after his election or appointment, or shall have been absent from the State without leave for more than sixty consecutive days. The Supervisors must not grant leave of absence to any officer, except for the purpose of attending to official business.
Sec. 8. Every officer authorized by law or ordinance to allow, audit or certify demands upon the Treasury, or to make any official investigation, shall have power to administer oaths and affirmations and take and hear testimony concerning any matter or thing relating thereto.
SEC. 9. Every officer who shall approve, allow or pay any demand on the Treasury not authorized by law, ordinance or this Charter, shall be liable to the city and county individually, and on his official bond, for the amount of the demand so illegally approved, allowed or paid.
SEC. 10. All books and records of every Office and Department shall be open to the inspection of any citizen at any time during business hours, subject to proper rules and regulations for the efficient conduct of the business of such department or office. Copies or extracts from said books and records, duly certified, shall be given by the Officer having the same in custody, to any person demanding the same, and paying or tendering eight cents per folio of one hundred words for such copies or extracts, and the additional sum of fifty cents for certifying to such certified copy or extract.
Sec. 11. Except where otherwise provided for by law, or this Charter, all public offices shall be kept open for business every day, except legal holidays, from halfpast eight o'clock in the forenoon until five o'clock in the afternoon; and, in addition thereto, from the first day of November until the last Monday of December in each year the Office of the Tax Collector may be kept until nine o'clock in the evening.
Sec. 12. No person shall be eligible to, or hold, any office, or be clerk or deputy in any Office or Department, who, at the time of his election or appointment has not arrived at majority, and is not a citizen of this State, and a resident of said city and county; or who has been found guilty of malfeasance in office, bribery, or other infamous crime; or who in any capacity has embezzled public funds.
Sec. 13. The several Boards, Officers and other heads of Departments shall annually, on or before the first Monday in May, furnish to the Supervisors, and also to the Auditor, a detailed estimate of the amount of money that will be required for the expenditures of their respective Departments during the ensuing fiscal year; and on or before the first day of August in each year, report to the Supervisors the condition of their respective Offices and Departments during the preceding fiscal year, embracing all their operations, receipts and expenditures. Immediately thereafter the Supervisors shall prepare and publish an abstract from said reports, and other sources, of the operations, receipts and expenditures, and condition of all Offices and Departments.
SEC. 14. All moneys, assessments and taxes belonging to, or collected for the use of the city and county, coming into the hands of any Officer of said city and county, shall immediately be deposited with the Treasurer for the benefit of the Funds to which they respectively belong. If such Officer for twenty-four hours after receiving the same shall delay or neglect to make such deposit, he shall be deemed guilty of misconduct in office and may be removed.
SEC. 15. When any Officer, Board or Department provided for in this Charter shall require additional deputies, clerks or employees, application shall be made to the Mayor therefor, and upon such application it shall be the duty of the Mayor to make investigation as to the necessity for such additional assistance; and if he find the same necessary he may recommend to the Supervisors to authorize the appointment of such additional deputies, clerks or employees; and thereupon the Supervisors, by an affirmative vote of not less than nine members, may authorize such appointments, and provide for the compensation of such appointees, subject to the limitations contained in this Charter.
SEC. 16. When the Supervisors shall determine that the public interest requires the construction or acquisition of any permanent municipal building, work, property or improvement, the cost of which in addition to the other expenditures of said city and county will exceed the income and revenue provided for said city and county, in any one year, they may, by ordinance, passed by the affirmative vote of not less than nine members of the Board, submit a proposition to incur a debt for such purpose, to the qualified electors of said city and county at a special election, to be held for that purpose only; such proposition shall specify the amount of the proposed indebtedness, the rate of interest and the specific purpose for which it is to be incurred. Such election shall be called and conducted in the same manner and under the same regulations as other elections. Should such proposition be assented to by two-thirds of the qualified electors voting at such election, the Supervisors may incur such indebtedness by issuing the bonds of said city and county to an amount not to exceed the sum named in said proposition; and before the time of incurring such indebtedness, must make provision for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a Sinking Fund for the payment of the principal thereof within forty years from the time of contracting the same. Such bonds shall not bear over four per centum interest per annum, and must be payable in not more than forty years and shall not be sold for less than par. Said bonds must be under the seal of the city and county and signed by the Mayor, Auditor and Treasurer, and after having been so signed and sealed must be delivered to the Treasurer to be held by him in the Treasury until disposed of. All such bonds shall be sold by the Mayor, Auditor and Treasurer, for cash, to the highest bidder, after advertising for sealed proposals therefor in accordance with such regulations as may be provided in the ordinance authorizing the issue of said bonds. The money so raised shall be paid into the Treasury and there kept as a special fund, to be drawn and used only for the special purpose for which the indebtedness was incurred.
Sec. 17. No privilege shall be granted that suspends or violates any ordinance, except by an
ordinance passed by the affirmative vote of not less than nine members of the Board of Supervisors.
Sec. 18. Any elected officer, except Supervisors, may be suspended by the Mayor and removed by the Board of Supervisors for cause. On the question of removal, the cause, and the ayes and noes shall be entered on the records of the Board of Supervisors. In the event of any such removal, the vacancy thus created shall be filled as provided in this Charter.
In all cases where any appointed officer shall be removed by the Mayor under the provisions of this Charter, the Mayor shall appoint some person to succeed the officer thus removed.
Sec. 19. When the Mayor shall suspend any elected officer, he shall immediately notify the Board of Supervisors of such suspension and the cause therefor. If the Board of Supervisors is not in session, he shall imme