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Sec. 12. Nothing in this chapter shall be so construed as to apply to any payment required to be made on account of the levy or collection or delinquency of any tax upon property, or any poll tax, nor for any city and county license, but all such moneys shall be paid to and shall be accounted for in the same manner and by the same officers as are required by law and the provisions of this Charter to charge, receive, collect, or account for the same.
Sec. 13. The Mayor, Auditor and Chairman of the Finance Committee of the Board of Supervisors shall, every month, together examine the books of all officers having the collection or custody of public funds, and shall see and count all the moneys remaining in the hands of the Teasurer, and verify the amount of money by weighing or counting the same.
The Finance Committee of the Board of Supervisors shall, on the first Monday in July and January of each year, and at such other times as they may elect, make the same examination of books and count of money, and report the result to the Supervisors.
The failure for one month to perform this duty, unless prevented by unavoidable cause, shall work a forfeiture of office of any officer required to do the same.
Sec. 14. If on such examination any officer is found to be a defaulter, the Mayor shall forth with take possession of all moneys, books and papers belonging to his office, and a person shall be appointed by him to fill the office for the time being, who shall give a bond in the same amount and take the same oath of office as the officer whose place he is appointed to fill. If the officer charged as a defaulter be acquitted, he shall resume his duties.
Sec. 15. Every demand against said city and county shall, in addition to the other entries and indorsements upon the same required by this Charter, show the ordinance or authorization under which the same was allowed; the name of the board, department or authority authorizing the same; the fiscal year in which the same was incurred, and the name of the specific fund out of which the demand is payable. Each demand shall have written or printed upon it a statement that the same can be paid only out of the income and revenue provided, collected and paid into the proper specific fund in the Treasury for the fiscal year in which it was incurred, and shall refer to Chapter II of this Article; and be numbered with reference to the specific fund out of which it is payable, and also to the fiscal year in which it was incurred. A new numbering of all demands shall commence with each fiscal year.
OF THE PAYMENT OF CLAIMS.
SECTION 1. The salaries and compensation of all officers, including policemen and employees of all classes, and all teachers in common schools, and others employed at fixed wages, shall be payable monthly. Any demand on the Treasury accruing under this Charter shall not be paid, but shall be forever barred by limitation of time, unless the same be presented for payment, properly audited, within one month after such demand became due and payable ; or, if it be a demand which must be passed and approved by the Supervisors or Board of Education, or by any other Board, then within one month after the first regular meeting of the proper Board held next after the demand accrued; or, unless the Supervisors shall, within six months after the demand accrued as aforesaid, on a careful examination of the facts, resolve that the same is in all respects just and legal, and that the presentation of it, as above required, was not in the power either of the original party interested, or his agent, or the present holder ; in which case they may by ordinance revive such claim; but it shall be barred in the same manner unless presented for payment within twenty days thereafter. No action of the Supervisors upon any claim shall make the same payable out of any moneys not arising from the income and revenue of the fiscal year in which the said claim was incurred; nor shall any otherwise valid demand incurred subsequent to the claim which is so revived, be rendered invalid by reason of such revival exhausting the fund out of which subsequent claims might otherwise be paid ; but such revived claim shall take date and place as of its revival, and not prior to the ordinance of revival.
OF THE MAYOR.
SECTION 1. The chief executive officer of the City and County of San Francisco shall be designated the Mayor. He shall hold his office for the period of two years. He may appoint a Secretary, who shall hold his position at the pleasure of the Mayor.
Sec. 2. He shall vigilantly observe the official conduct of all public officers, and take note of the fidelity and exactitude, or the want thereof, with which they execute their duties and obligations, especially in the collection, custody, administration and disbursement of the public funds and property; and the books, records and official papers of all departments, officers and persons in the employ of the city and county, shall at all times be open to his inspection and examination. He shall take special care to see that the books and records of the said departments, boards, offices and persons, are kept in legal and proper form, and any official defalcation or willful neglect of duty, or official misconduct, which he may discover or which shall be reported to him, shall be laid by him before the Board of Supervisors and the Grand Jury or District Attorney, in order that the public interests shall be protected, and the person in default be proceeded against according to law. He shall from time to time give the Supervisors information in writing relative to the state of the city and county, and shall recommend such measures as he may deem beneficial to its interests. He shall see that the laws of the State and ordinances of the city and county are observed and enforced.
He shall appoint a competent person, or persons, expert in matters of bookkeeping and accounts, to examine the books, records, condition and affairs of every department, board or officer, at least once in every six months, and enforce such examination. Any person refusing to submit or permit such examination, or purposely delaying or impeding the
same, may be suspended from office by the Mayor, and removed, as in this Charter provided. He shall have a general supervision over all the departments and public institutions of the city and county, and see that they are honestly, economically and lawfully conducted. He shall take all proper measures for the preservation of public order and the suppression of all riots and tumults, for which purpose he is authorized and empowered to use and command the police force, and if such police force is insufficient, it shall be his duty to call upon the Governor for military aid, in the manner provided by law, in order that such riots, or tumults, may be promptly and effectually suppressed, and shall perform such other duties as may be assigned to him elsewhere in this Charter.
SEC. 3. He shall see that all contracts and agreements with the city and county are faithfully kept and fully performed, and that all franchises granted to any person, company or corporation are not violated or disregarded, and to that end shall cause legal proceedings to be commenced and prosecuted, in the name of said city and county, against all persons or corporations failing to fulfill their agreements or contracts, either in whole or in part. It shall be the duty of every officer and person in the employ or service of said city and county, when it shall come to his knowledge that any contract or agreement with the city and county, or with any officer or department thereof, or relating to the business of any office, has been or is about to be violated by the other contracting party, forth with to report to the Mayor all facts and information within his possession concerning such matter and a willful failure so to do shall be cause for the removal of such officer or employee. The Mayor shall give a certificate, on demand, to any person reporting such facts and information, that he has done so, which certificate shall be evidence in exoneration from a charge of neglect of such duty. It shall furthermore be the duty of the Mayor to institute such actions or proceedings as may be necessary to revoke, cancel or annul all franchises that may have been granted by the city and county to any person, company or corporation which have been forfeited in whole or in part, or which, for any reason, are illegal and void, and not binding upon the city. SEC. 4. The Mayor shall appoint all officers whose election or appointment is not otherwise specially provided for in this Charter or by law, and shall fill all vacancies, and such appointe es shall serve for the unexpired term.
SEC. 5. When an audited dem and has been presented to the Treasurer, and not paid, and such fact be made known to the Mayor, he shall immediately investigate the cause of such non-payment, and if he ascertain that the demand has been illegally or fraudulently approved, or allowed, he shall cause the officer guilty of such illegal or fraudulent approval or allowance to be suspended and proceeded against for misconduct in office. " If he ascertain that the demand has been duly audited, and that the Treasurer has moneys applicable to the payment thereof, the Treasurer shall be proceeded against for misconduct in office. If he ascertain that the dem and was not paid for want of money, he shall cause the Tax Collector or other officer who ought to have collecte d or paid the money into the Treasury, if he has been negligent therein, to be proceeded against for misconduct in office.
Sec. 6 When any person shall furnish to the Mayor a statement, in writing under oath, to the effect that he has cause to believe, that any deputy, clerk or employee under any officer, or in any Department, is, incompetent or inefficient, or that there are more depu 'ies than are necessary, the Mayor shall at once investigpite the matter, after notice to such deputy, clerk or em principal, or the head of the Department, and if the Mayor find the same to be true, he shall cause such deputy, clerk or employee to be removed.
Sec. 7. The Mayor shall be ex officio President of the Board of Supervisors, and may call sessions of the Supervisors, and shall communicate to them in writing when assembled, the objects for which they have convened; and their actions at such sessions shall be confined to such objects.
SEC. 8. When and so long as the Mayor is temporarily unable to perform his duties, a member of the Board shall be chosen President pro tem., and shall act as Mayor pro tem. When a vacancy occurs in the office of the Mayor, it shall be filled for the unexpired term by the Supervisors, and any person possessing the necessary qualifications may be chosen Mayor at such election.
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