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APPENDIX E

OUTLINES OF CITY CHARTERS

Introductory: In the following outlines an attempt has been made to present the framework of the various city charters in use at the present time (1913) in California. Many details are necessarily omitted.

The percentages for beginning operations under the initiative and the referendum are based upon the number of votes cast at the last municipal election, unless otherwise stated. The smaller of the two percentages in the case of the initiative forces a vote on the proposed ordinance at the next general election; the larger forces a special election. The two percentages in the case of the referendum have the same meaning as in the case of the initiative according to some charters. According to others, the smaller percentage suspends the ordinance for sixty days and forces the council to reconsider it, while the larger forces a referendary vote at a general or special election if the council does not repeal it. According to still others the smaller percentage permits the ordinance to go into effect after thirty days, but forces a general or special election on it any time after sixty days to determine whether it is to be permitted to stand, while the larger suspends the ordinance“ until and unless ” passed at such election.

Classification of Charters: The various charters may be classified as follows: I. Special Charters: Alviso, Santa Clara, Gilroy, Marysville,

and Nevada City: 1 II. Class Charters:

1. Sixth Class : Over 150 incorporated towns and cities.

1 In this classification the cities in each list are given in order according to the dates of their charters.

2. Fifth Class : Santa Ana, Tulare, Visalia, Woodland,

Chico, Bakersfield, Ventura, and Oroville. III. Freeholders' Charters: 1. Those which divide power about equally between the

Mayor and the Council: Eureka, San José, Los
Angeles, Santa Barbara, Fresno, Watsonville, Salinas,
San Bernardino, Santa Rosa, Santa Monica, Alameda,

Long Beach.
2. Those which give most power to the Mayor : San

Francisco, Riverside. 3. Those which give most or all power to the Council. a. Those not based on the “commission plan,” the

members of the council not serving as heads of departments: Napa, Grass Valley, Palo Alto,

Richmond, Petaluma, San Rafael. b. Those based on the commission plan,” the mem

bers of the council serving as heads of departments: Berkeley, San Diego, San Luis Obispo, Modesto, Oakland, Monterey, Santa Cruz, Pomona, Vallejo, Stockton, Sacramento, and Pasadena.1

A

I. SPECIAL CHARTERS

1. Alviso, 1852 %

Officers elected at Large: Five Trustees, Treasurer, Assessor, MarshalTax-Collector. The term of office is one year.

Elections: The municipal election is held on the first Monday in May each year.

Board of Trustees : Elects a president and a clerk from their own number. Has general charge of the town government. Appoints an Attorney and other necessary officers and employees.

1 The charters of 1911 and 1913 in this group are given in the order of their ratification by the voters in their respective cities.

2 The date of the charter.
3 The two offices of Marshal and Tax Collector are held by the same person.

Police Court: Any Justice of the Peace may try cases growing out of city ordinances.

2. Santa Clara, 1866, 1872, 18741

Officers elected at Large: Five Trustees, Marshal, Clerk-Assessor, Treasurer, and five School Trustees. The Trustees and School Trustees are elected for two years; the others, for one.

Elections: The municipal election is held the first Monday in April each year. Either two or three Trustees and School Trustees are elected each year together with the other officers.

Board of Trustees : Has general charge of the town government. Appoints an Attorney and other necessary officers and employees.

Police Court: Any Justice of the Peace may try cases growing out of city ordinances.

3. Gilroy, 1870, 1872, 1876

Officers elected at Large : Mayor, six Councilmen, Marshal-Tax-Collector, Clerk-Assessor, Treasurer. The term of office is two years.

Elections : The municipal election is held on the first Monday in May of even years.

Mayor: President of the Council. Has the veto power but no vote except in case of a tie. Enforces laws and ordinances.

Council : The legislative authority. Has general charge of the city government. Appoints an Attorney and other necessary officers and employees.

Police Court: Any Justice of the Peace may try cases growing out of city ordinances.

4. Marysville, 1876

Officers elected at Large : Mayor, Marshal-Tax-Collector, Assessor-Clerk, Treasurer.

Officers elected by Wards: One Councilman by each of the four wards. The term of office is two years.

Elections: The municipal election is held on the third Monday in March of even years.

Mayor: A member and president of the Council. Has a vote but no veto power.

Council: Has general charge of the city government. Appoints an Attorney and other necessary officers and employees.

Police Court: Consists of one judge appointed by the Council.

1 The first date is the date of the charter; the others are dates of amendments to the charter.

CIVIL GOV. IN CAL. - 28

5. Nevada City, 1878

Officers elected at Large: Five Trustees, Assessor, Marshal-Tax-Collector, Treasurer. The Trustees are elected for two years; the others, for

one.

Elections : The municipal election is held on the first Monday in May of each year. Either two or three Trustees are elected each year together with the other officers.

Board of Trustees : Elects a president and clerk from its own number. Has general charge of the city government. Appoints an Attorney and other necessary officers and employees.

Police Court: Any Justice of the Peace may try cases growing out of city ordinances.

II. CLASS CHARTERS

1. The Sixth Class Charter

Adopted in 1883

(“ General Laws,” 1909, page 843)

Officers elected at Large : Five Trustees, Clerk-Assessor, Treasurer. The Trustees are elected for four years; the others, for two.

Elections: The municipal election is held on the second Monday in April of even years. Either two or three Trustees are elected at each election, together with other officers.

Board of Trustees : Has general charge of the city government. Elects one of its members president. Appoints a Recorder and may appoint an Attorney, Engineer, Poundmaster, Superintendent of Streets, Marshal-TaxCollector, and other necessary officers and employees to hold office during the pleasure of the board.

Police Court : Called the “Recorder's Court,” consists of one judge, the Recorder," appointed by the Trustees.

No provision is made for School Trustees. They are therefore elected according to general state law.

2. The Fifth Class Charter — Adopted in 1883

(“ General Laws,” 1909, page 822) Officers elected at Large : Five Trustees, five School Directors, five Library Trustees, a Clerk, Attorney, Assessor, Marshal, Treasurer, and Recorder. The Trustees may consolidate certain of these offices. The term of office is four years.

Elections: The municipal election is held on the second Monday in April every four years (1911, 1915, etc.).

Board of Trustees : Has general charge of the city government. Elects one of its own number president, and provides for the appointment of subordinate officers and employees.

Police Court: Called the “ Recorder's Court,” consists of one judge, the “ Recorder,” elected for four years.

NOTE. — According to a law enacted in 1911 any city using a fifth or a sixth class charter may, by a vote of its people, adopt the “commission plan of government. The proposition must be submitted to the people by the Trustees in the form of an ordinance, which must provide that the city government shall be divided into five departments and that the Trustees shall assign one of their number to each department as its head. The ordinance may also provide that all other municipal officers shall be appointed by the Trustees to serve during their pleasure, or that some shall be appointed and some elected. If such ordinance is adopted by the people, it shall take effect as an amendment to the charter on the expiration of the terms of the present officers. It will be remembered that another law passed in 1911 ? grants the recall (25 per cent), the initiative (15 per cent, 30 per cent), and the referendum (25 per cent) to the voters of every city who do not possess these powers by the provisions of their charter.

III. FREEHOLDERS' CHARTERS

The cities having freeholders' charters are arranged in the following list in the order in which they received their first charters of this kind. The date of the first freeholders' charter is given in each case, and in every case in which this has been exchanged for a new one, the date of the new charter is also given.

1. Oakland, 1889; 1911. 2. Stockton, 1889; 1911. 3. San Diego, 1889. 4. Napa, 1893. 5. Sacramento, 1893; 1911. 6. Grass Valley, 1893. 7. Berkeley, 1895; 1909. 8. Eureka, 1895. 9. San José, 1897. 10. Los Angeles, 1899. 11. San Francisco, 1899.

1 Statutes of 1911, page 842.

12. Santa Barbara; 1899.
13. Vallejo, 1899; 1911.
14. Fresno, 1901.
15. Pasadena, 1901.
16. Salinas, 1903.
17. Watsonville, 1903.
18. San Bernardino, 1905.
19. Santa Rosa, 1905.
20. Alameda, 1907.
21. Long Beach, 1907.
22. Riverside, 1907.

2 Statutes of 1911, page 359.

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