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Goverment
Charter of the City of Alameda, California
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Article II
Officers

Sec. 2-1. The following elective officers are hereby established: The Mayor and four (4) Councilmembers, who shall constitute the Council; Auditor; Treasurer.

Sec. 2-1.1. Notwithstanding any other provision of this Charter to the contrary, the matters contained in this Section shall be controlling as to the office of the Mayor. Commencing April 20, 1971, and thereafter, the Mayor shall be an elective officer of the City, and shall hold office for a term of four years and until his or her successor is elected or appointed and qualified, unless sooner removed from office pursuant to Article XX of this Charter or otherwise. The method of nomination and election of the Mayor shall be as provided in this Charter for the nomination and election of other elective officers of the City. The office of Mayor shall be a separate office and be arranged on a ballot in a separate column and shall be first in order of arrangement. Eligibility for office of Mayor shall consist of the qualifications set forth in this Charter for other elective officers. The provisions of this Charter which provide for the manner of selecting a candidate to fill office in the event of a tie vote shall apply to the office of Mayor. A vacancy in the office of Mayor shall be filled in the manner set forth in Section 2-7 of this Charter. The Mayor shall receive a monthly compensation of Two Hundred Dollars ($200.00), payable at the time and in the manner as fixed by the Council, and shall be in addition to that provided in Sections 2-4 and 6-4. The intent of this section is hereby declared to be only to make the Mayor an elective officer of the City and to provide the compensation therefor, as set forth herein. Except to the extent they are inconsistent with the provisions of this section, other provisions of this Charter relating to the Mayor shall apply to the Mayor provided for by this section.

Sec. 2-2.

  1. The following offices are hereby established and the incumbents thereof shall be appointed or removed by a vote of a majority of the full Council: City Manager, City Attorney, City Clerk.
  2. During a period of ninety days immediately following the date of installation of any person newly elected to the Council at a regular or special municipal election or of any person newly appointed to the Council, the Council shall take no action, whether immediate or prospective, to remove, suspend, request the resignation of, or reduce the salary of, the incumbents in the aforementioned appointive offices.

Sec. 2-3. The City Council shall establish by ordinance offices for the administration of departments of the City and the incumbents thereof shall be appointed by and hold office at the pleasure of the City Manager. Once established those offices may be changed, deleted or new ones added by vote of a majority of the Council.

Sec. 2-4. The salary attached to the following offices shall be fixed by the Council: Auditor, Treasurer, City Manager, City Attorney, City Clerk. Each Councilmember shall receive $50.00 for each meeting of the Council which he shall attend; provided, that no Councilmember shall receive such fees for more than two meetings in any one calendar month.

Sec. 2-5. Every elected officer of the City shall be a registered voter of the City at the time of filing nomination papers and for a period of thirty days immediately preceding the date of filing. Every elected officer and every officer appointed to a Board or Commission shall be a resident of the City during his or her tenure of office. Employees of the City, other than such officers, shall reside within the City, or within such distance of the City limits thereof as the Council may by ordinance prescribe.

Sec. 2-6. The term of each elective officer shall commence at 8:00 o'clock p.m. on the third Tuesday of the month following the general municipal election at which such officer was elected and continue for four years thereafter and until his or her or her successor is elected and qualified.

Sec. 2-6.1. Two Councilmembers, exclusive of the Mayor, shall be elected at every general municipal election. If for any reason two vacancies do not occur prior to the election, the term of the person receiving the lowest number of votes for Councilmember in the last general municipal election shall expire.

Sec. 2-7. Every vacancy in an elective office, arising otherwise than as provided in Article XX, shall be filled as follows:

  1. Vacancies caused by the election of a Councilmember to the office of Mayor shall be filled by the candidate not elected for a contested Council seat who received the highest number of votes, provided said candidate received votes from at least 10 percent (10%) of the total number of voters.
  2. Vacancies occurring within six (6) months of any election shall be filled in the same manner provided by (A).
  3. All other vacancies shall be filled by the Council within 60 days or the compensation paid Councilmember pursuant to Section 2-4 shall be forfeited until the appointment is made.
  4. In the event that vacancies exist in a majority of the offices of Councilmember, such vacancies shall be filled by the following officers, in the order named, sufficient to constitute a Council quorum of three, to-wit, Auditor, Treasurer, and President of the Planning Board until the successor is selected at a Special Election to be held within 90 days of the date the vacancy is filled pursuant to this section. This successor shall serve the unexpired term.

Sec. 2-8. The term of any person appointed to fill a vacancy in an elective office shall commence upon appointment and qualification and continue until 8:00 o'clock p.m. on the third Tuesday of the month following the next General Municipal Election, at which election a successor shall be elected to serve for the remainder of the unexpired term.

Sec. 2-9. If any elected or Council-appointed officer of the City who shall remove from the City or absent himself or herself therefrom for more than thirty days consecutively without the permission of the Council, or shall fail to qualify by taking the oath of office within fifteen days from the time his or her certificate of election or appointment is mailed or delivered to him or her, or shall resign, or be convicted of a felony, or be adjudged insane, his or her office shall be vacant.

Sec. 2-10. In the event of a vacancy in the office of Auditor, Treasurer, City Attorney, or City Clerk, the Council shall, within twenty-one days thereof, designate someone to perform the duties of the vacant office until such time as a successor may be appointed. Until a successor is appointed, the City Manager shall provide for the performance of the duties of the vacant office and is authorized hereby to execute documents required thereof to continue normal operations.

Sec. 2-11. Any incumbent of any elective Federal, State or County office shall be ineligible to hold any elective office or office of member of any board created by this Charter.

Sec. 2-12. The persons occupying the offices set forth or provided for by Sections 2-1, 2-2 and 2-3, their assistants and deputies and members of all boards provided for in Section 10-1 shall be officers of the City.

Sec. 2-13. All officers, boards and the Certified Public Accountant appointed pursuant to Subsection 3-7(C) shall have power to administer oaths and affirmations, to examine witnesses and compel their attendance by subpoena in all matters affecting their respective offices and positions.

Sec. 2-14. No person shall be eligible for the office held by that person for two complete consecutive terms immediately prior to the term for which the person seeks election or appointment. This section shall not apply to the office of Auditor or Treasurer or prevent persons in office from completing their terms.

Sec. 2-15. All references to Councilman herein shall hereby be changed to Councilmember.

Sec. 2-16. All references to "his" shall be changed to "his or her" and all references to "him" shall be changed to "him or her" and all references to "himself" shall be changed to "himself or herself".

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