Agenda Item No. 7. El Cerrito City Council October 3, 2011 GENERAL VS. CHARTER CITY DISCUSSION

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1 Agenda Item No. 7 El Cerrito City Council October 3, 2011 GENERAL - LAW A-m VS. CHARTER CITY DISCUSSION

2 o Authority in General Law City vs. Charter City o Understanding Home Rule s Municipal Affairs o Statewide Concerns s Benefits and Detriments of Becoming a Charter City o Questions and Discussion/Direction

3 +:+ A General Law City exercises powers granted by: + state statutes + the state Constitution +:+ It also exercises "police power," which has statutory and constitutional limits +:+ A Charter City exercises the powers of a General Law City. +:+ The state Constitution, treats a Charter City's regulation of "municipal affairs" as equal to state law. +:+ Power over municipal affairs limited by state and federal constitutions and the charter.

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5 + +: Term is undetlnecl a Legislature may not determine what is a municipal affair nor transform a municipal affair into a matter of statewide concern s Courts decide on a case-by-case basis o This concept is fluid and changes over time

6 a Conduct of city elections and election procedures o City council member qualifications s Criteria for vacating and terminating city offices 'a City funding of public officers and candidates' campaigns o However, restricted by constitutional reservations of power, such as the right to vote and powers of initiative/referendum

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10 o Design-build construction contracts (broader than statutory authority that El Cerrito has already used) a Public Contract Code, including bidding: + City must expressly exempt itself by ordinance or charter provision + Prevailing Wages: City can exempt itself from the requirement that prevailing wages must be paid on public works projects :+:+ However, this could change (City of Vista case pending in California Supreme Court) +:+ RDA not exempt from paying prevailing wages a City must pay prevailing wages on federal and state funded-contracts

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16 Adelanto Fortuna Modesto Richmond S hafter ' Alameda Fresno Monterey Riverside Signal Hill Albany Gilroy Mountain View Roseville Solvang Alhambra Glendale Napa Sacramento Stockton Anaheim Grass Valley Needles Salinas Sunnyvale Arcadia Hayward Newport Beach San Bernardino Temple City Bakersfield Huntington Beach Norco San Diego Torrance Bell Indian Wells Oakland San Francisco Truckee Berkeley Industry Oceanside San Jose Tulare Big Bear Lake Inglewood Oroville San Leandro Vallejo Buena Park lrvine Pacific Grove San Luis Obispo Ventura Burbank lrwindale Palm Desert San Marcos Vernon Carlsbad Cerritos King City Kingsburg Palm Springs Palmdale San Mateo San Rafael VictorviIIe Visa l ia Chico La ncaster Palo Alto San Ramon Vista Chula Vista La Quinta Pasadena Sand City Watsonville Compton Lemoore Petaluma Santa Ana Whittier Culver City Lindsay Piedmont Sa nta Barbara Woodla ke Cypress Loma Linda Placentia Santa Clara Del Mar Long Beach Pomona Santa Cruz Desert Hot Springs Los Alamitos Port Hueneme Santa Maria Dinuba Downey Eureka Los Angeles Portewille Santa Monica El Centro Marina Rancho Mirage Santa Rosa Exeter Marysville RedondoBeach Santee Folsom Merced Redwood City Seal Beach

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18 General Law City v. Charter City Agenda Item No. 7 Attachment 1 Characteristic General Law City Chahter City Ability to Govern Municipal Affairs Bound by the state's general law, regardless of whether the subject concerns a municipal affair. Has supreme authority over "municipal affairs." Cal. Const. art. XI, 5(b). Form of Government State law describes the city's form of government For example, Government Code section authorizes general law cities be governed by a city council of five members, a city clerk, a city treasurer, a police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section The Government Code also authorizes the "city manager" form of government. Cal. Gov't Code Charter can provide for any form of government including the "strong mayor," and "city manager" forms. See Cal. Const. art. XI, 5(b); Cal. Gov't Code et seq. Elections Generally Municipal elections conducted in accordance with the California Elections Code. Cal. Elec. Code I0101 et seq.. Not bound by the California Elections Code. May establish own election dates, rules, and procedures. See Cal. Const. art. XI, 5 5(b); Cal. Elec. Code et seq.. Methods of Elections Generally holds at-large elections whereby voters vote for any candidate on the ballot. Cities may also choose to elect the city council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code May establish procedures for selecting officers. May hold at-large or district elections. See Cal. Const. art. XI, 5(b).

19 Characteristic - General Law City Cha-@er City City Council Member Qualifications Minimum qualifications are: 1. United States citizen 2. At least 18 years old 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Can establish own criteria for city office provided it does not yiolate the U.S. Constitution. Cal. Const. art. XI, 5(b), 82 Cal. Op. Attly Gen. 6, 8 (1999). Cal. Elec. Code 321; Cal. Gov't Code 34882, 36502; 87 Cal. Op. Att'y Gen. 30 (2004). Public Funds for Candidate in Municipal Elections No public officer shall expend and no candidate shall accept public money for the purpose of seeking elected office. Cal. Gov't Code Public financing of election campaigns is lawful. Johnson v. Bradley, 4 Cal. 4th 389 (1 992). Term Limits May provide for term limits. Cal. Gov't Code 36502(b). May provide for term limits. Cal. Const. art. XI, 5(b); Cal Gov't Code Section (b). Vacancies and Termination of Office An office becomes vacant in several instances including death, resignation, removal for failure to perform official duties, electorate irregularities, absence from meetings without permission, and upon nonresidency. Cal. Gov't Code 1770, 36502, May establish criteria for vacating and terminating city offices so long as it does not violate the state and federal constitutions. Cal. Const. art. XI, 5(b). Council Member Compensation and Expense Reimbursement Salary-ceiling is set by city population and salary increases set by state law except for compensation established by city electors. See Cal. Gov't Code If a city provides any type of compensation or payment of expenses to council members, then all council members are required to have two hours of ethics training. See Cal. Gov't Code May establish council members' salaries. See Cal. Const. art. XI, 5(b). If a city provides any type of compensation or payment of expenses to council members, then all council members are required to have two hours of ethics training. See Cal. Gov't Code

20 Legislative Authority Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. May establish rules regarding the procedures for adopting, amending or repealing resolutions. May establish procedures for adopting, amending or repealing resolutions. Brougher v. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting Requirements A majority of the city council constitutes a quorum for transaction of business. Cal. Gov't Code All ordinances, resolutions, and orders for the payment of money require a recorded majority vote of the total membership of the city council. Cal. Gov't Code Specific legislation requires supermajority votes for certain actions. May establish own procedures and quorum requirements. However, certain legislation requiring supermajority votes is applicable to charter cities. For example, see California Code of Civil Procedure section requiring a vote of two-thirds of all the members of the governing body unless a greater vote is required by charter. Rules Governing Procedure and Decorum Balph Brown Act is applicable. Cal. Gov't Code 9s 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code et seq.. Ralph Brown Act is applicable. Cal. Gov't Code 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code et seq.. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office.

21 - Characteristic - Personnel Matters General Law City May establish standards, requirements and procedures for hiring personnel consistent with Government Code requirements. May have "civil service" system, which includes comprehensive procedures for recruitment, hiring, testing and promotion. See Cal. Gov't Code et seq. Meyers-Milias-Brown Act applies. Cal. Gov't Code Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, 1 O(b). Charter City May establish standards, requirements, and procedures, including compensation, terms and conditions of employment for personnel. See Cal. Const. art. XI, 5(b). Meyers-Milias-Brown Act applies. Cal. Gov't Code Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, section 1 O(b). Contracting Services Authority to enter into contracts to carry out necessary functions, including those expressly granted and those implied by necessity. See Cal. Gov't Code ; Carruth v. City of Madera, 233 Cal. App. 2d 688 (1 965). Full authority to contract consistent with charter. May transfer some of its functions to the county including tax collection, assessment collection and sale of property for nonpayment of taxes and assessments. Cal. Gov't Code ,51334, Public Contracts Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $1 00,000. See Cal. Pub. Cont. Code 22000, Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code ; see R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d (1 985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (I 998).

22 characteristic Payment of Prevailing Wages General Law City In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code (a)-(c). Cha.fier City Historically, charter cities have not been bound by state law ~revailing-wage requirements so long as the project is a municipal affair, and not one funded by state or federal grants. Vial v. City of San Diego, 122 Cal. App. 3d 346, 348 (1981). However, there is a growing trend on the part of the courts and the Legislature to expand the applicability of prevailing wages to charter cities under an analysis that argues that the payment of prevailing wages is a matter of statewide concern. The California Supreme Court declined an opportunity to resolve the issue. See City of Long Beach v. Dept.of Indus. Relations, 34 Cal. 4th 942 (2004). Finance and Taxing Power May impose the same kinds of taxes and assessment as charter cities. See Cal. Gov't Code lmposition of taxes and assessments subject to Proposition Cal. Const. art.xiiic. Examples of common forms used in assessment district financing include: Improvement Act of Cal. Sts. & High. Code et seq.. Municipal lmprovement Act of See Cal. Sts. & High. Code et seq.. Improvement Bond ~ cof t Gal. sts. & High, Code 8500 et seq.. Landscaping and Lighting Act of Cal. Sts. & High. Code et seq.. Benefit Assessment Act of Cal,Gov'tCode 54703etseq.. May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal. Gov't Code May not impose real property transfer tax. See Cal. Const. art. XIIIA, 4; Cal. Gov't Code 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code (a), (c). Have the power to tax. Have broader assessment powers than a general law city, as well as taxation power as determined on a case-by case basis. lmposition of taxes and assessments subject to Proposition 218, Cal. Const. art. XIIIC, 2, and own charter limitations May proceed under a general assessment law, or enact local assessment laws and then elect to proceed under the local law. See J. W. Jones Companies v. City of San Diego, 157 Cal. App. 3d 745 (1 984). May impose business license taxes for any purpose unless limited by state or federal constitutions, or city charter. See Cal. Const. art. XI, 5. May impose real property transfer tax; does not violate either Cal. Const art. XlllA or California Government Code section See Cohn v. City of Oakland, 223 Cal. App. 3d261(1990);Fielderv.Cit~ofLos Angeles, 14 Cal. App. 4th 137 (1 993).

23 Streets & Sidewalks State has preempted entire field of traffic works to furnish its inhabitants with electric power. See Cal. Const. art. XI, 9(a); Cal. Gov't Code 39732; Cal. Pub. Util. Code May grant franchises to persons or corporations seeking to furnish light, water, power, heat, transportation or communication services in the city to allow use of city streets for such purposes. The grant of franchises can be done through a bidding process, under the Broughton Act, Cal. Pub. Util. Code , or without a bidding process under the Franchise Act of 1937, Cal. Pub. Util. Code works to furnish its inhabitants with electric power. See Cal. Const. art. XI, 9(a); Cal. Apartment Ass'n v. City of Stockton, 80 Cal. App. 4th 699 (2000). May establish conditions and regulations on the granting of franchises to use city streets to persons or corporations seeking to furnish light, water, power, heat, transportation or communication services in the city. Franchise Act of 1937 is not applicable if charter provides. Cal. Pub. Util. Code Zoning Zoning ordinances must be consistent with general plan. Cal. Gov't Code Zoning ordinances are not required to be consistent with general plan unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code

24 Agenda Item No. 7 Attachment 2: Overview What is a charter? A city charter is a unique document that, in many ways, acts like a constitution for the city adopting it. It can only be adopted, amended or repealed by a majority vote of a city's voters. The primary advantage of a charter is that it allows greater authority for a city's governance than that provided by state law. For example, a city may tailor its organization and elective offices, taking into account the unique local conditions and needs of the community. A charter transfers the power to adopt legislation affecting municipal affairs from the state legislature to the city adopting it. A city operating under a charter can acquire full control over its municipal affairs. These affairs are unaffected by the general laws passed by the state legislature on the same subject matters. This, in effect, gives the local voters more control over their local government and the affairs of the city. However, a city operating under a charter is still subject to the general laws, as passed by the state legislature, on affairs that are not municipal in nature, and are of statewide concern (e.g., California Vehicle Code). It is the scope of the term "municipal affairs" that provides the opportunity for uncertainty. No easy analytical test exists. The threshold issue is whether there is a conflict between state law and a charter city enactment. The next issue is whether the state regulation addressed an issue of "state wide concern." Courts analyze these conflicts on a caseby-case basis. Foundational aspects of charter cities What is the Constitutional Framework for Charter Cities? Article XI, section 3(a) of the California Constitution authorizes the adoption of a city charter and provides such a charter has the force and effect of state law. Article XI, section 5(a), the "home rule" provision, affirmatively grants to charter cities supremacy over "municipal affairs." However, the California Constitution does not define the term "municipal affair." What are "Municipal Affairs?" The home rule provision of the California Constitution authorizes a charter city to exercise plenary authority over municipal affairs, free from any constraint imposed by the general law and subject only to constitutional limitations. See Cal. Const. art. XI 5(a); Ex Parte Braun, 141 Cal. 204, 209 (1903); Bishop v, City of San Jose, 1 Cal. 3d 56, 61 (1 969); Comm. of Seven Thousand v. Super. Ct. (City of Irvine), 45 Cal.3d 491 (1 988). How Do the Courts Distinguish Between Municipal and Statewide Concerns? Whether a given activity is a municipal affair over which a city has sovereignty, or a statewide concern, over which the legislature has authority, is a legal determination for the courts to resolve. Thus, the determination of whether a given activity is a municipal affair or statewide concern is done on a case-by-case basis. The court's determination will depend on the particular facts and circumstances of each case. See In Re Hubbard, 62 Cal. 2d 119, 128 (1 964). Keep in mind that the concept of "municipal affairs" is a fluid Source: League of California Cities

25 Agenda Item No Attachment 2: Overview one that changes over time as local issues become statewide concerns. See lssac v, City of Los Angeles, 66 Cal. App. 4th 586 (1 998). I What Activities Have the Courts Classified As Municipal Affairs? There are some areas that the courts have consistently classified as municipal affairs. Examples include the following: Municipal Election Matters. See Mackey v. Thiel, 262 Cal. App. 2d 362 (1968). Procedures for Initiative, Referendum and Recall. See Lawing v. Faul, 227 Cal. App. 2d 23, 29 (1964). Procedures for Adopting Ordinances. See Brougher v. Board of Public Works, 205 Cal. 426 (I 928). Compensation of City Officers and Employees. Cal. Const. art. XI, 5 5(b); See Sonoma County Organization of Public Employees v. County of Sonoma, 23 Cal. 3d 296 (1979); but see San Leandro Police Officers Association v. City of San Leandro, 55 Cal. App. 3d 553 (1976) (labor relations is not a municipal affair; Charter cities are subject to the Meyers-Milias Brown Act. Cal. Gov't Code Processes Associated with City Contracts. See First Street Plaza Parfners v. City of Los Angeles, 65 Cal. App. 4th 650 (1998); but see Domar Electric, Inc. v. City of Los Angeles, 41 Cal. App. 4th 810 (1995) (state law establishing employment policy may preempt local regulation of bidding criteria). Financing Public Improvements. See City of Santa Monica v. Grubb, 245 Cal. App. 2d 71 8 (1 996). Making Charitable Gifts of Public Funds for Public Purposes. See Cal. Const. art. XVI, 5 6; Tevis v. City and County of San Francisco, 43 Cal. 2d 190 (1 954). Term Limits for Council Members. See Cawdrey v. City of Redondo Beach, 15 Cal. App. 4th 1212 (1993); but see Cal. Gov't Code (b) (regulating term limits). Land Use and Zoning Decisions (with a few exceptions). See Brougher v. Bd. of Pub. Works, 205 Cal. 426 (1 928). What Activities Have the Courts Classified as Statewide Concerns? The following have consistently been classified by the courts as matters of statewide concern: School Systems. Whisman v. San Francisco Unified Sch. Dist., 86 Cal. App. 3d 782, 789 (1 978). Traffic and Vehicle Regulation. Cal. Veh. Code Source: League of California Cities

26 Agenda Item No. 7 Attachment 2: Overview Licensing of Members of a Trade or Profession. City and County of San Francisco v. Boss, 83 Cal. App. 2d 445 (1948). I Tort Claims Against a Governmental Entity. Helbach v. City of Long Beach, 50 Cal. App. 2d 242, 247 (I 942). Open and Public Meetings. Ralph M. Brown Act. Cal. Gov't Code , 54953(a). Exercise of the Power of Eminent Domain. Wilson v Beville, 47 Cal. 2d 852, 856 (I 957). Process used to adopt a charter There are two ways to draft and adopt a city charter. The first is to elect a charter, commission. The commission then has the responsibility of debating over the provisions and the drafting of the charter. The other alternative allows the governing board of the city, on its own motion, to draft the charter. In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters. When using the charter commission approach, the first step is to elect the commission. The vote to elect a charter commission is called for by either a majority vote of the city's governing body or by a petition signed by not less than fifteen percent of the registered voters within the city. If the formation of a charter commission is requested by a petition, the authority in charge of the city's registration records must verify the signatures on the petition. The expense of this verification must be paid for by the city's governing board. If the petition is verified, the city's governing board must call for an election in accordance with sections 1000 and I0403 of the California Elections Code. See Cal. Gov't Code section Once it has been decided that a charter commission election will take place, candidates for commissioners must be nominated. Candidates for the office of charter commissioner are nominated either in the same manner as officers of the city or by petition. A candidate for charter commissioner must be a registered voter of the city. After the election of commissioners, any vacancy on the commission will be filled by a mayoral appointment. See Cal. Gov't Code section At an election for charter commission members, the voters will vote first on the following question: "Shall a charter commission be elected to propose a new charter?" After voting on this question, the voters will then vote for the charter commission candidates. If a majority of the voters vote for the formation of a charter commission, then the top fifteen candidates for the office of charter commissioner will be organized as the city's charter commission. No commission will be formed if a majority of voters vote against the election of a charter commission. See Cal. Gov't Code section Once formed, the charter commission will have the responsibility of developing the city's charter. After a simple majority of commissioners have decided that the proposed charter is appropriate, they file the charter with the city's clerk in preparation for a vote by Source: League of California Cities

27 Agenda Item No Attachment 2: Oyerview the city's electorate. See Cal. Gov't Code section However, instead of sending the whole charter at once, periodically the commission may send portions of toe charter to the city's electorate for a vote. See Cal. Gov't Code section After the charter (or portions of it) has been filed, it must be copied in type greater than 10 point and either mailed to all the voters of the city or made available to those citizens who wish to review it before the election. The city may show the difference between existing provisions of law and the new charter through the use of distinguished type styles, but this is not required. See Cal. Gov't Code section After the charter has been filed with the city clerk, the city's governing board must decide whether to call a special election or to wait until the next established municipal election to submit the charter to the voters. If the city's governing board determines that a special election should be held, then they must call for that special election within 14 days of the charter being filed. The special election must be set at least 95 days after the date from which the special election was called. See Cal. Gov't Code section In any case, the charter commission must send the charter to the voters within two years of the vote that formed the commission. Upon the expiration of the two-year time period, the commission is abolished. See Cal. Gov't Code section The alternative to electing a charter commission is to have the city's governing board develop and draft the charter. An election to decide on the adoption of a charter may be called by initiative or the city council. See Cal. Const. art. XI, 5 3. On its own motion, the city's governing board may propose a charter and submit it to the voters for adoption. See Cal. Gov't Code section With this option, the governing board can call a special election or allow the charter to be voted on at any established election date, as long as that election date is at least 88 days after the proposed charter was filed with the city clerk. See Cal. Gov't Code section As a practical matter, an election may have to be called sooner than 88 days before the election in order to meet certain notice and ballot printing deadlines. In either case, the majority of voters must vote in favor of the proposed charter for it to be ratified. The charter will not go into effect until it has been filed and accepted by the Secretary of State. See Cal. Gov't Code section After a charter is approved by a majority vote of the voters, the mayor and city clerk shall certify that the charter was submitted to the voters of the city and that it was approved by a majority vote. See Cal. Gov't Code section One copy of the approved charter shall be filed with the County Recorder's office and one shall be kept in the City's archive. See Cal. Gov't Code section A third copy of the charter must be submitted to the Secretary of State with (1) copies of all publications and notices in connection with the calling of the election; (2) certified copies of any arguments for or against the charter proposal which were mailed to the voters; (3) a certified abstract of the vote at the election on the charter. See Cal. Gov't Code section Source: League of California Cities

28 Charter City Overview Attachment 2 Charter Cities Adelanto Alameda Albany Alhambra Anaheim Arcadia Bakersfield Bell Berkeley Big Bear Lake Buena Park Burbank Carlsbad Cerritos Chico Chula Vista Compton Culver City Cypress Del Mar Desert Hot Springs Dinuba Downey El Centro Eureka Exeter Folsom Fortuna Fresno - -. Gilroy Glendale Grass Valley Hayward Huntington Beach Indian Wells Industry lnglewood lrvine Iwindale King City Kingsburg Lancaster La Quinta Lemoore Lindsay Loma Linda Long Beach Los Alamitos Los Angeles Marina Marysville Merced Modesto Monterey Mountain View Napa Needles Newport Beach Norco Oakland Oceanside Oroville Pacific Grove Palm Desert Palm Springs Palmdale Palo Alto Pasadena Petaluma Piedmont Placentia Pomona Port Hueneme Porterville Rancho Mirage Redondo Beach Redwood City Richmond Riverside Roseville Sacramento Salinas San Bernardino San Diego San Francisco San Jose San Leandro San Luis Obispo San Marcos San Mateo San Rafael San Ramon Sand City Santa Ana Santa Barbara Santa Clara Santa Cruz Santa Maria Santa Monica Santa Rosa Santee Seal Beach Shafter Signal Hill Solvang Stockton Sunnyvale Temple City Torrance Truckee Tulare Vallejo Ventura Vernon Victorville Visalia Vista Watsonville Whittier Wood lake Total Cities: 120 Source: League of California Cities

29 Page 1 of 1 City of Albany COUNTY OF ALAMEDA STATE OF CALIFORNIA Charter through November 2,2010 Contact the Office of the City Clerk for additional ordinance amendments. www. codedsvstetns. corn CODED SYSTEMS LLC 608 Highway 71 Spring Lake Heights, New Jersey Published by ClerkBase by Clerkbase. No Claim to Original Government Works. I http :Nclerkshq. comlcont ent/albany-ca/books/charter/titlepage. htm

30 Page 1 of 2 AMENDMENTS February 4, July 21, 1972 November 5,1974 April 13, 1976 April 19,1977 November 6,1978 November 6, 1979 April 21, 1981 November 2,1982 April 10, 1984 April 21,1986 April 10, 1990 April 14, 1992 June 7,1994 November 8, 1994 Set- 50 (c), (g), (dd), (e), tf), (0, (1) Sec. 49 (nn) set. 49 ti), (dl, (n), (k) Sec. 21 Sec. 38 (a) Sec. 49 (n) Sec. 4 A Sec. 4 B Set* 38 (c), (dl, (4, (f) Sec. 50 (h), (i) Sec, 4 Sec. 50 (s) Set* 30 (a), (b),(4, Sec. 42 Sec. 33 Sec. 49 ('j) Sec. 50 (e) Sec. 4 (a) Sec. 5 Sec. 8 Sec Sec. 16 Sec. 30 Sec. 17 Sec. 46 Sec. 33 Table of Contents Renumber charter sections Sec Secs Sec (a) Sec. 3.12, delete Health Officer Sec. 3.15, delete Public Library Sec (e) Sec. 3.07, delete City Engineer and Street Superintendent Sec (b) Organization of Officers Sec (c) Pensions, To Whom and Amounts Sec (j) Meetings and Duties of Board Sec (a) Trustees Who Shall Constitute Board of Trustees of Police and Fire Relief or Pension Fund Sec (b) Organization of Officers Sec (c) Pensions, To Whom and Amounts Sec Meetings Sec Municipal Affairs Sec Public Financing Sec Enterprises

31 Page 2 of 2 November 5,1996 June 2,1998 November 6,200 1 June 6,2006 November 4,2008 November 2,20 10 ' 1. Sec Revenue Reduction Prohibited Sec Mandates Limited Sec, 1.I 0 Construction and Interpretation Sec Elections Sec, 7.01 General Laws Powers Sec, 7.03 Severability Sec Legislative Department. The Council Sec Meetings Sec, 3.23 Appointee Procedures Sec Planning and Zoning Commission Sec Appointee Procedures Sec Municipal Civil Service Sec (a) Pensions for Members of Police and Fire Departments Sec delete Chief of Police as Elected Official Sec, 3,23 Appointee Procedures Sec Legislative Department. The Council Sec Meetings Sec Council Compensation Sec Appointee Procedures Sec Contract Work Sec delete City Attorney as elected position 1 AMENDMENTS Published by ClerkBase P2011 by Clerkbase. No Claim to Original Government Works.

32 Page 1 of 2 CHAPTER I INTRODUCTORY SECTION NAME. The Municipal Corporation, now existing and known as the City of Albany shall remain and continue to be a body politic and corporate as at present, in name, in fact, and in law. SECTION BOUNDARIES. The boundaries of said City shall be the same as now established, with power and authority to change the same as provided by law. SECTION POWERS. Said City, by and through its Council and other officials, shall have and may exercise all powers necessary or appropriate to a municipal corporation and the general welfare of its inhabitants, which are not prohibited by the Constitution, and which it would be competent for this Charter to set forth particularly or specifically, including all powers now or hereafter granted to cities of the sixth class and the specification herein of any particular powers shall not be held to be exclusive or any limitation of this general grant of powers. SECTION 1.@I, GENDER. Whenever used in this Charter, the masculine gender includes the feminine and neuter, (Added, ratified, April 13, 1976) SECTION MUNlCIPAL AFFAIRS. Without limiting in any manner the foregoing powers expressed in Section 1.03, and any authority which is enjoyed by a Charter city in the State of California, each of the powers, rights, and responsibilities described in this Charter is hereby declared to be a municipal affair, the performance of which is unique to the benefit and welfare of the citizens of the City of Albany. The electorate of the City of Albany is sincerely committed to the belief that local govemment has the closest affinity to the people governed, and firm in the conviction that the economic and physical independence of our local government will promote the health, safety, and welfare of all the citizens of this City of Albany. (Added, ratified, November 8, 1994) SECTION PUBLIC FINANCING. The City of Albany shall have the power to establish standards, procedures, rules, or regulations related to any public financing, including but not limited to the formation of assessment districts, benefit districts, maintenance and sewer agreements. (Added, ratified, November 8, 1994) SECTION ENTERPRISES. The City of Albany shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fbnd or any other fund established by the City Council to promote a public purpose. (Added, ratified, November 8, 1994) SECTION REVENUE REDUCTIONS PROHIBITED. Any revenues raised and collected by the City of Albany shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. (Added, ratified, November 8, 1994) SECTION MANDATES LIMITED. No person, whether elected or appointed, acting on behalf of the City of Albany, shall be required to perform any fullction which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority and such functions are approved by the appropriate administrative or legislative authorization with the City of Albany. (Added, ratified, November 8, 1994) SECTION CONSTRUCTION AND INTERPRETATION. The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of Albany of its powers to govern with respect to any matter which is a municipal affair. (Added, ratified, November 8, 1994) ]CHAPTER I INTRODUCTORY I

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34 Page 1 of 3 CHAPTER I1 CITY COUNCIL ' 9. Dffective until December 10, 2010, Section 2.01 shall read ae follows:] 1 SECTION LEGISLATIVE DEPARTMENT. THE COUNCIL. The legislative body of said City shall consist of five (5) persons elected at large, which body shall be known as the Council. The members of the Council shall be elected by the qualified voters of said City at a general Municipal Election to be held therein every even-numbered year as hereinafter provided. At the meeting when the election results of a general Municipal election are presented to the Council as being duly canvassed and certified by the county, the qualified persons shall then be inducted into office. A person elected to the City Council shall hold office for a period of four (4) years &om the day of their induction and until their successors are elected and qualified. A person elected, unless otherwise removed from office, is entitled to serve a four-year term from the date of induction. The Council as thus newly constituted shall then elect one of its members as its presiding officer, who shall have the title of Mayor. The Council shall also designate one of its members as Vice-Mayor. The Vice- Mayor shall perform the duties of the Mayor during his or her absence or disability. The officials so chosen shall hold their respective offices subject to the pleasure of the Council. Each member of the Council shall receive a compensation of Five Dollars ($5.00) for each meeting attended, provided, however, that a councilmember shall not receive more than Twenty-Five Dollars ($25.00) in any one month, except as otherwise provided by Section 46 of this Charter. Members of the Council shall not be eligible to any other office or employment with the City, other than as in this Charter expressly provides. No person not an elector of the City shall be efigible to hold office as a member of the City Council, and no person shall be eligible for nomination for such office without having been a resident of the city for thirty (30) days immediately preceding nomination. (, ratified, April 13, 1976; November 6, 1996; November 4,2008) [Effective December 10,2010, Section 2.01 shall read as follows:] SECTION LEGISLATIVE DEPARTMENT. THE COUNCIL. The legislative body of said City shall consist of five (5) persons elected at large, which body shau be known as the Council. The members of the Council shall be elected by the qualified voters of said City at a general Municipal Election to be held therein every even-numbered year as hereinafter provided. At the meeting when the election results of a general Municipal election are presented to the Council as being duly canvassed and certrfied by the county, the qualified persons shall then be inducted into office. A person elected to the City Council shall hold office for a period of four (4) years from the day of their induction and until their successors are elected and qualified. A person elected, unless otherwise removed from office, is entitled to serve a four-year term from the date of induction. The Council as thus newly constituted shall then elect one of its members as its presiding officer, who shall have the title of Mayor. The Council shall also designate one of its members as Vice-Mayor. The Vice- Mayor shall perform the duties of the Mayor during his or her absence or disability. The officials so chosen shall hold their respective offices subject to the pleasure of the Council. Members of the Council shall not be eligible to any other office or employment with the City, other than as in this Charter expressly provides. No person not an elector of the City shall be eligible to hold office as a member of the City Council, and no person shall be eligible for nomination for such office without having been a resident of the city for thirty (30) days immediately preceding nomination. (, ratified, April 13, 1976; November 5, 1996; November 4, 2008) SECTION 2,02. LIMITATION ON TERMS. Any person who shall have served two (2) successive

35 Page 2 of 3 terms as a member of the Council shall be ineligible to serve again in the office until an intervening period of two (2) years has elapsed. For the purposes hereof, any person who serves as a Councilmember for two (2) years or more of an unexpired term, or two (2) years or more of an elected term, shall be considered to have served a term. (, ratified, November 5, 1974; April 21, 1981) This section shall be implemented as of May, (Added, ratified, April 21, 1981) SECTION PLACE ON BALLOT. The order of names and candidates for council shall be determined by lot, conducted by the City Clerk, and the names placed on the ballot as determined by the said lot drawing. (Added, ratified, November 5, 1974) SECTION MEETINGS. The regular meetings of the Council shall be held on the first and third Mondays of each month, at a time set by resolution or ordinance passed by the City Council, except in case Monday is a holiday, in which event the Council may select another day for the meeting during that week. But any regular meeting may be adjourned to a date certain, which adjourned meeting shall be a regular meeting for all purposes. Special meetings may be called in a manner consistent with the laws of the State of California. All meetings of the Council shall be convened in the Council Chambers of the City Hall but may thereafter be adjourned to such other location as may be selected by the Council. All meetings of the Council shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet at the City Hall, the meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if the Mayor should fail to act, by four (4) members of the Council. (, ratified, August 7, 1952; April 21,1981; June 7,1994; November 5,1996; November 4,2008) SECTION QUORUM. A majority of the Council shall constitute a quorum for the transaction of any business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the Council shall be necessary to adopt any ordinances, resolutions or claims against the City, which vote shall be taken by ayes and noes and entered upon the record. SECTION ORDINANCES. All proposed ordinances introduced in the Council shau be in printed or typewritten form. The enacting clause of all ordinances passed by the Council shall read as follows: "The Council of the City of Albany does ordain as follows": The enacting clause of all ordinances initiated by the people shall read as follows: "The people of the City of Albany do ordain as follows": No ordinance shall be passed by the Council on the day of it8 introduction, nor withn five (5) days thereafter. A proposed ordinance may be amended or modified between the time of its introduction and the time of its passage, providing its general scope and original purpose is retained. All ordinances shall be signed by the Mayor and attested by the City Clerk, and shall be published at least once in an offlcial newspaper of the City of Albany, of general circulation, or posted at three (3) public places within the City, before becoming effective; provided, any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing the reasons for its urgency, may be introduced and passed at one and the same meeting, and, if passed by a four-fifths vote, shall become effective immediately. The Council, by resolution, shall designate three (3) public places within the City of Albany where said ordinances may be posted. (Ratified February 20, 1940) SECTION MAYOR. The Mayor shall be the executive head of the City. In case of riot, insurrection ox extraordinary emergency, he shall assume general control of the City government and all of its branches, and be responsible for the suppression of disorders and the restoration of normal conditions. In

36 Page 3 of 3 a, - the name and on behalf of the City, he shall sign all contracts, deeds, bonds and other legal instruments in which the City is a party. He shall represent the City in all ceremonial functions of a social or patriotic character where it is desirable or appropriate to have the City represented officially thereat. SECTION COUNCIL COMPENSATION. Effective December 15, 2010, each member of the City Council shall receive the amount of three hundred dollars ($300.00) per month in salary as authorized for general law cities by Government Code Section 36516(a), or as the same may be amended from time to time, (Ratified November 4,2008) ER It CITY COUNCIL ublished by CleFkBase Clerkbase. No Claim to Orlginal Government Works.

37 Page 1 of 4 CHAPTER I11 ADMINISTRATIVE ' 7. SECTION OFFICERS AND EMPLOYEES. All officers and department heads, except as otherwise provided, shall be appointed by the City Council and shall hold office at the pleasure of the City Council. The City Treasurer shall be elected From the City at large, and shall hold ofice for four (4) years and until a successor is elected and qualified. Effective at the November 2010 election the City Attorney shall be elected from the City at large for a term ending on December 5, Commencing December 6, 20 11, or sooner if there is a vacancy in the office, the City Attomey shall be appointed by the City Council as provided herein. The Council shall establish by ordinance the administrative ofices of the City and shall designate the department heads of the City. The City Council shall be empowered to create, abolish, or reorganize departments and divisions as necessary for the proper administration of the City business, but not inconsistent with other sections of this Charter. (, ratified, August 16, 1967; May 29, 1968; April 15, 1975; April 13, 1976; April 21, 1981; November 6,200 1; November 2,2010) SECTION APPOINTMENT OF OFFICERS, EMPLOYEES, MEMBERS OF BOARDS AND COMMISSIONS - LIMITATIONS. No person who shall be the wife, husband, father, mother, son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, grandson, granddaughter, brother or sister of a member of the City Council shall be eligible for appointment to any office, job, board, or commission which shall be appointive by the Council of the City of Albany. (Added, ratified February 14, 1961) SECTION OFFICIAL BONDS. The Council shall determine which officers shall give bonds for the faithful performance of their official duties, and fix the amount of said bonds. Such officers, before entering upon their official duties, shall execute a bond to the City in the penal sum required, which bond shall include any other offices of which they may be ex-officio or by appointment incumbent. Said bonds shall be approved by the Council and filed with the City Clerk, except that of the City Clerk, which shall be filed with the Mayor, SECTION OATH OF OFFICE. Every officer shall take the constitutional oath of office and subscribe thereto before entering upon the performance of his official duties. SECTION ADMINISTRATIVE OFFICER, The Administrative Officer shall be the administrative head of the government of the City. As such, the Administrative Officer shall be responsible to the Council for,the efficient implementation of its policy and effective administration of all the affairs of the City government which the ofice controls. Any action, determination or omission of the Administrative Officer or staff shall be subject to review by the Council, but no individual Councilmember or the Mayor shall overmie, change or modify any such action, determination or omission except by affirmative vote of at least three (3) members of said Council at a duly constituted session. The Administrative Officer shall advise and make recommendations to the Council concerning any conditions or governmental situations which need Council direction or policy determination. The Administrative Officer will insure that the Council as a whole or as individuals are permitted timely and complete freedom of access to requested information. The Administrative Officer shall be chosen on the basis of executive and administrative qualifications, as defined by ordinance. (Added, ratified, April 21, 198 1) SECTION CITY CLERK. There shail be a City Clerk. It shall be the Clerk's duty to keep a full, true and correct record of the proceedings of the Council and other books and accounts as are now required by law for clerks of cities, and may be required by resolution or ordinance of the Council. All powers, except as in this Charter otherwise provided, now or hereafter conferred upon the clerks of cities by law, shall be exercised by the City Clerk. The Clerk shall have such other powers and perform such other duties as may be prescribed by resolution or ordinance. The City Clerk shall be appointed by the Council. The Council shall establish, by ordinance, the qualifications for the position of City Clerk. (, ratified, August 16, 1967; April 13, 1976)

38 Page 2 of 4 SECTION RESERVED. (Deleted, ratified, April 10, 1990) SECTION CITY TREASURER. There shall be a City Treasurer. It shall be his duty to receive and safely keep all monies and securities belonging to the City coming into his hands. He shall pay out tbe same only in the manner prescribed by ordinance of the Council. (, ratified August 7, 1952) I SECTION SAFETY SERVICE DEPMTMENTS. (a) There is hereby created a Police Department which shall be administered by the Chief of Police. The department shall consist of such sworn and non-sworn personnel whose ranks, duties, and compensation are set forth by the City Council through ordinance or resolution. (b) There is hereby created a Fire Department which shall be administered by the Fire Chief. The department shall consist of such personnel whose ranks, duties, and compensation are set forth by the City Council through ordinance or resolution. (c) The Fire and Police Departments may not be consolidated, except upon a vote of the electorate. (Added, ratified November 2, 1982.) SECTION CITY ATTORNEY. There shall be a City Attorney. The qualifications for the City Attorney shall be established by the City Council, which qualifications shall be established within ninety (90) days fiom ratification. The City Attorney shall be the legal advisor of the Council, and all other City officials on matters appertaining to their official duties. He shall drafl all ordinances, resolutions, contracts or other legal documents or proceedings required by the Council, or other officials, except as may be otherwise provided, and shall perform such other legal services from time to time as the Council may require. He shall attend all meetings of the Council unless excused therefrom by the Council or the Mayor. (, ratified, April 21, 1981) SECTION CITY TAX COLLECTOR. There shall be a Tax Collector. The City Treasurer shall be ex-officio Tax Collector and perform the duties and possess the powers of this office, which shall be prescribed by resolution or ordinance of the Council. (See also Section 3.18(a)) SECTION RESERVED. (Deleted, ratified, April 2 1, 1986) SECTION CHIEF OF POLICE. There shall be a Chief of Police. The qualifications for the Chief of Police shall be established, by ordinance, by the City Council, which qualifications shall be established within ninety (90) days from ratification. He shall be the head of the Police Department of the City, and shall have all the powers that are now or may hereafter be conferred upon sheriffs and other peace officers by the laws of the State, It shall be his duty to preserve the public peace, and to suppress riots, tumults and disturbances. His orders shall be promptly executed by the police officials, or watchmen of the City, and every citizen shall lend him aid when requested for the arrest of offenders, the maintenance of public order, or the protection of life and property, He shail execute and return all process issued to him by legal authority. He shall perform the duties of a regular patrolman and have authority, and it is hereby made his duty, to arrest persons violating any law of the State or ordinance of this City. Those arrested for violating City ordinances may, before or after trial, be confined in the County Jail of Alameda County or in the City Prison of the City of Albany, He shall have such other powers and duties appertaining to his office as may be prescribed by the Council or rules of the Police Department. (, ratified, January 26, 1935; July 21, 1972) SECTION CI-IIEF OF THE FIRE DEPARTMENT. There shall be a Fire Chief appointed by the Council. He shall be head of the Fire Department of the City, and shall have charge of and supervision over all matters relating to the prevention and extinction of fires, and of all measures necessary to guard and protect all property impaired thereby. (, ratified, January 26, 1935)

39 Page 3 of 4 SECTION RESERVED. (Deleted, ratified, April 21, 1986) SECTION PLANNING AND ZONING COMMISSION. There shall be a Planning and Zoning Commission, consisting of five (5) members who shall serve without compensation. Each member of the Council shall have the power to appoint one member of the Commission, subject to ratification of appointment by the City Council. The Planning and Zoning Commission shall have the power and be required to (a) recommend to the Council the adoption, amendment or repeal of the master plan or any part thereof for the physical development of the City and (b) exercise such functions with respect to land subdivision, planning and zoning as may be presented by ordinance or resolution. (, ratified, August 7, 1952; April 25, 1975; June 2, 1998) 1 SECTlON 3.17, DEPUTIES. All officers shall have the power to appoint their own deputies when the same are necessary, subject, however, to the confirmation of the Council. SECTION ADDITIONAL DUTIES OF OFFICERS. Besides the duties herein specified, all officers and Boards shall perform such other appropriate duties as may be prescribed by ordinance or the general laws. (a) The CounciI may, by ordinance, consent to, or provide by contract, or in any other manner, for the transfer to the County of Alameda of any or all of the tax assessing and tax collection bnctions and services provided for by charters or ordinances of the City of Albany, or by State law, rule or regulation, and for the assumption, enforcement, observance, and performance thereof by Alameda County officers and employees, including, but not limited to (a) the assessment of City property for City taxes; (b) the equalization and correction of assessments; (c) the collection, payment, and enforcement of taxes and special assessments, including delinquent taxes; (d) the redemption of property from sale or other penalties for nonpayment of City taxes or special assessments; and (e) the City shall at or about the time tax bills are delivered by the County, cause to be distributed to all property owners of the City of Albany, a breakdown of funds of the tax rate of the City of Albany. Any and all powers, duties and functions of the City so transferred to the County pursuant to this section shall, to the extent of their assumption, performance, observance and enforcement by the County, be deemed or suspended and not a duty of the City for the duration of such transfer. The City has, and the Council shall reserve, in any agreement with the County, the right to terminate any transfer made pursuant to this section and to reassume any or all of the transferred functions. This section shall be paramount to any Charter provision in conflict therewith. (, ratified, June IS, 1966; April 13, 1976) SECTION OFFICIAL RECORDS. All books and records of every office and department shall be open to the inspection of any citizen during business hours, subject to the proper rules and regulations for the efficient conduct of the business of such department or office, provided, the records of the police department shali not be subject to such inspection except by permission of the proper police authorities. Copies or extracts, duly certified from said books and records open for inspection, shall be given by the officer having the same in custody to any person demanding the same and paying or tendering ten cents ($.lo) per page, except in instances where the Council prescribes a lower charge, for such copies or extracts, and the additional sum of twenty-five cents ($.25) for certifying. All officers and Boards shall deliver to their successors all papers, books, documents, records, archives and other properties pertaining to their respective offices or departments, in this possession or under their control. (, April 19, 1977) SECTION CONTINUING OFFICERS AND EMPLOYEES. Until the election or appointment and induction into ofice of the officers and employees in this Charter provided for, the present officers and employees shall without interruption, continue to perform the duties of their respective offices and employments for the compensation provided by the existing ordinances. SECTION CONTINUING ORDINANCES IN FORCE. All lawful ordinances, resolutions, and regulations in force at the time this Charter shall take effect and not inconsistent with its provisions, are hereby continued in force until the

40 Page 4 of 4-1. same shall have been duly amendad, repealed or superseded. SECTION CONTINUING CONTRACTS R'1 FORCE. All vested rights of the City shall continue and shall not in any manner be affected by the adoption of this Charter; nor shall any right, liability, pending suit or prosecution, either in behalf of or against the City, be affected by the adoption of this Charter. All contracts entered into by the City prior to the taking effect of this Charter shall be continued and perfected hereunder. SECTION APPOINTEE PROCEDURES. a. Except as otherwise provided in this Charter, all members of commissions, boards, committees, task forces, or any other similar bodies, who are appointed by the Mayor or by individual Council members, shall serve for a term lasting until the next general municipal election, except that appointees shall serve for an interim term of up to forty-five (45) days after certification of the election until reappointed or replaced, whichever is sooner. This requirement includes those ratified by the City Council as a whole. In the case of appointments made by the Council as a whole, and where the Mayor or individual Council members do not make nominations, the terms shall extend until the next general municipal election, unless otherwise established by ordinance or resolution. In the event a Council member ceases to serve a full term for any reason, the appointees of that Council member may be replaced or re-appointed by the successor Council member and the new appointee shall serve until the next general municipal election. The City Council may establish by ordinance or resolution provisions for the orderly transition between terms of appointees after the election or appointment of Council members. The City Council may establish a committee, commission, board, task force, or other advisory body with a time frame of less than two (2) years. In such case, the term of the appointees shall coincide with the the frame established by the City Council. Procedures and policies for appointment, renewal, terms and qualifications of appointees, not inconsistent with this Charter, may be established by ordinance or resolution of the Council. b. The City Council shall establish by ordinance or resolution a policy, to be applied equally to all appointees, for automatic removal due to excessive absenteeism, conviction for a felony, or for failure to maintain a residence in Albany unless Council specifically provides for nonresident members. c. Any other removal shall be only for cause and then only by a majority vote of the City Council. Appointees shall be notified of such cause, in writing, at least twenty-one (21) days prior to the vote of the City Council. (Added, ratified, November 5, 1996;, ratsed, June 2, 1998; June 6, 2006; November 4, 2008) CHAPTER Ill ADMINISTRATIVE Published by ClerkBase $ by Clerkbase. No Claim to Original Government Works. htm - - -

41 Page 1 of 2 CHAPTER JV FISCAL AND TAXATION SECTION EXPERT ACCOUNTANT. The Council shall employ an expert certified public accountant, established in public practice, and qualified and experienced in municipal audits and examination, to annually investigate the transactions and accounts of all officers or employees having the collection, custody or disbursement of public miney or property, or the power to approve, allow or audit demands on the City Treasury. (Ratified January 16, 1945) SECTION COMPENSATIONS. The Council shall fix by resolution or ordinance the compensation of all oficers, also the compensation of all deputies, assistants and employees of the City. SECTION CONTRACT WORK. As used in this section, "public project'' means: (a) A project for the erection, improvement, and repair of public buildings and works. (b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow. (c) Street or sewer work, except maintenance or repair. (d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. The City Council shall by ordinance set threshold limits for the requirements for formal competitive bidding and shall establish such other procedures as are necessary for undertaking the completion of any public projects. It shall be unlawhl to split or separate into smaller work orders or projects any public work project for the purpose of evading the provisions of this section requiring public work to be done by contract after competitive bidding. The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least ten (10) days before the date of the opening of bids. Notice shall be published at least twice, not less than five (5) days apart, in a newspaper of general circulation published in the City, or if there is none, it shall be posted in at least three (3) public places in the City that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done. In its discretion, the Council may reject any bids presented and readvertise. If two (2) or more bids are the same and the lowest, the Council may accept the one it chooses. If no bids are received the Council may have the project done without further complying with this section. After rejecting bids, the Council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may have the project done in this manner stated without further complying with this section. If there is a great public calamity, as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for a national or local defense, the Council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this section. (, ratified, April 19, 1977; April 2 1, 1981 ; November 4, 2008) SECTION PUBLIC IMPROVEMENTS AND STREET WORK. All public improvements, including the improving, widening, or opening of streets or highways may be done under and in pursuant of the general laws of the State, or procedure ordinance adopted by the Council or the electors, and the whole or any portion of the cost thereof paid out of the City Treasury or assessed on the property benefited. SECTION GRANTING OF FMNCHISES, Any person, fm or corporation furnishing the City or its inhabitants with transportation, communication, terminal facilities, water, light, heat, gas, power, refrigeration, storage, garbage or rubbish removal, or any other public utility or service, or using the public streets, ways, alleys, or places for the operation of plants, works, or equipment for the furnishing thereof, or traversing any portion of the City, for the transmitting or conveying of any such service elsewhere, may be required by ordinance to have valid and existing franchises therefor. The Council is empowered to grant by ordinance, subject to referendum, any such franchise to any person, firm or corporation, whether operating under an existing fianchise or not. The Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and the terms and conditions of such grants or the making thereof, subject to the provisions of this Charter. No new franchise or the renewal of an existing franchise shall be granted except upon condition that a sum equivalent at least to two percent (2-0 ) of the gross annual receipts of the utility derived from the sale within the City of the utility service for which the franchise is awarded, shall be paid to the City. (, rat)fied, August 7, 1952)

42 Page 2 of 2 SECTION BUDGET. Not later than June lst, an officer designated by the Council shall submit to the Council an estimate of the expenditures and revenues of the City departments for the ensuing year. This estimate shall be compiled from detailed information obtained fiom the several departments in such form as the Council may prescribe. Sufficient copies of such estimate shall be prepared and submitted that there may be copies on file in the office of the Council for inspection by the public unless the Council shall publish the same in a newspaper. After duly considering the estimate and preparing the budget, the Council shall pass an ordinance or resolution levying the annual tax. (, ratified, April 19, 1977; April 2 1, ) SECTION BOND ISSUES. Money may be borrowed by the issue and sale of bonds, pledged on the credit of the City, for any purpose authorized by law, including the construction and equipment of schools. No ordinance providing for the issue of bonds shall be passed without the submission of the bonding proposition to the electors of the City at a regular or special election and the approval of a two-thirds majority of those voting thereon. No bonds shall be issued, excepting bonds for school purposes, on the credit of the City which shall increase such bonded indebtedness of the City beyond fifteen percent (15-0 ) of the assessed valuation of the property in the City subject to direct taxation, as shown by the last preceding valuation for City taxes. Every ordinance for the issue of bonds shall provide for a tax Ievy for each year to meet the annual serial installments of principal and interest, and such amounts shall be included in the tax levy for each year, SECTION FISCAL YEAR. The fiscal year shail begin with the fvst day of July of each year and end with the last day of June of the following year. SECTION TAXATION. Except as otherwise herein provided, the Council, by ordinance, shall provide a system for the assessment, levy, collection and equalization of taxes, which, as nearly as may be, shall conform to the system provided by the general laws of the State; provided that all sales for delinquent taxes shall be made to the City of Albany. Should the Council fail to fix the tax rate within the time prescribed, then the tax rate of the previous year shall constitute the rate for the current year. SECTION TAX LIMIT. The amount of the annual tax levy, exclusive of such tax as may be necessary to pay the City's cost of any pension plan for City employees, and exclusive of the tax to pay the interest on and maintain the sinking funds of any indebtedness of the City, and exclusive of the tax to pay for the maintenance, acquisition and improvement of parks, squares, public grounds, schools and public libraries shall not exceed the rate of one dollar ($1.00) on each one hundred dollars ($100.00) valuation of the property assessed. The foregoing limitation shall not apply in the event of any great necessity or emergency, in which case it may be temporarily suspended, provided no increase over said limit shall be made in any fiscal year, unless authorized by ordinance adopted by vote of the people. (, ratified, June 15, 1966) CHAPTER IV FISCAL AND TAXATION Published by ClerkBase,?2011 by Clerkbase. No Claim to Original Government Works. http ://clerkshq. c om/content/albany-ca/bo

43 Page 1 of 1 CHAPTER V ELECTIONS ' 7. SECTION ELECTIONS. General Municipal Elections shall be held in the City to coindde with the State General Election. Except to the extent otherwise provided by ordinance hereinafter enacted, all elections shall be in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter be amended, for the holding of elections in cities so far as the same are not in conflict with this Charter. (, ratified, August 7, 1952; April 13, 1976; November 8, 1994) SECTION VACANCIES. A vacancy in any elective office, other than that of an elective member of the Board of Education, f?om whatever cause arising, shall be filled by appointment by the Council; such appointee to hold office until the next general municipal election, when a successor shall be chosen by the electors for the unexpired term; provided, that if the Council fails to agree or for any other reason does not fill such vacancy within thirty (30) days after the same occurs, then such vacancy shall be filled by the Mayor; provided, however, that if for any reason the seats of a majority of the Council shall become vacant, then the City Clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for general municipal elections. If any officer of the City shall remove from the City or absent himself therefrom for more than sixty days consecutively without the permission of the Council, or shall fail to quaiify, or shall resign, his office shall thereupon become vacant. SECTION PROVIDING FOR ELECTION OF OFFICERS MADE ELECTIVE BY THIS CHARTER. Within thirty (30) days after this Charter takes effect, the City Council shall call an election, to be held within thirty (30) days thereafter, for the election of a City Attorney, a City Judge, and a Chief of Police who shall hold office until the third Monday in April, 1930, and until their successors are elected or appointed and qualifjr. CHAPTER V ELECTIONS Published by ClerkBase PO1 1 by Clerkbase. No Clalm to Original Government Works

44 Page 1 of 1 CHAPTER VI BOARD OF EDUCATION.I. SECTION BOARD OF EDUCATION. I (a) The control of the School Department shall be vested in a Board of Education which shall consist of five (5) members elected at large by the qualified voters of the City at a general municipal election to be held therein every even-numbered year in the same manner and time as for the members of the Council. They shall serve for a term of four (4) years and until their respective successors qualify. No person not an elector of the City shall be eligible to hold office as a member of the Board of Education, and no person shall be eligible for nomination for such office without having been a resident of the City for thirty (30) days immediately preceding nomination. Three members of the Board of Education shall be elected at the regular Municipal Election as herein provided in 1954 and two (2) members thereof at such election in 1956 and thereafter in similar rotation each even-numbered year. Not more than thirty (30) days after this section becomes effective, the Board of Education shall appoint a successor to replace the member of the City Council serving on the Board of Education. The term of this appointee shall expire at the next regular Municipal Election. (, ratified, August 7, 1952; November 5, 1974) (b) Regular meetings of the Board shall be held at such times as the Board may prescribe, provided that at least one regular meeting shall be held in each calendar month. All meetings of the Board shall be open to the public. (c) The Board shall have the entire management of the public schools of the City and, in addition to the powers and duties prescribed by the provisions of this Charter, shall have 25 all the powers that are now, or may hereafter be, conferred and discharge the duties imposed by law upon City Boards of Education. (d) Inspection of accounts by City. Deleted. (Ratified July 2, 1970) (e) The Board shall make such rules and regulations governing its meetings and procedure as may seem proper. A majority of the Board shall constitute a quorum, but the affirmative vote of three members shall be necessary to authorize the payment of public money or the election of a superintendent, principals, teachers and all officers and employees who the Board is authorized to elect or appoint. (f) Any vacancy of the Board shall be filled by the vote of a majority of the Board until the next general city election for Municipal Off~cers, when a member shall be elected to fill the unexpired term. In the event that three (3) or more such vacancies exist at one time, sufficient vacancies shall be filled by the appointment by the County Superintendent of Schools to make a majority of such Board to act and fill the remaining vacancies. Each such appointed member shall hold office until the next general City Election for Municipal Officers, when a member shall be elected to fill the unexpired term. If any member of the Board of Education shall remove from the City or absent himself therefrom for more than sixty (60) days consecutively without permission of the Board of Education, or shall fail to qualify, his office shall thereupon become vacant. (, ratified, August 7, 1952; February 18, 1969; July 2, 1970; April 13, 1976) SECTION LIMITATION OF TERMS. Any person who shall have been elected to two (2) successive terms as a member of the Board of Education shall be ineligible to serve again in that office until an intervening period of two (2) years has elapsed. Election to an unexpired term pursuant to Section 6.01 (f) of this Charter shall constitute election to a term as a member of the Board. This section shall not operate to create a vacancy or vacancies on the Board as constituted on the effective date of this section. (Added, ratified, April 15, 1975) SECTION PLACE ON BALLOT. The order of names of candidates for the Board of Education shall be determined by lot, conducted by the City Clerk, and the names placed on the baliot as determined by the said lot drawing. (Added, ratified, April 15, 1975) CHAPTER VI BOARD OF EDUCATION Published by ClerkBase P2011 by Clerkbase. No Claim to Original Government Works. "

45 Page 1 of 1.,. CHAPTER VII RELATION TO STATE LAW SECTION GENERAL LAWS POWERS. In addition to the power and authority granted bv the terns of this Charter and the Constitution of the State of California, the City of Albany shall have the power and authority to adopt, make, exercise and enforce all legislation, laws and regulations, and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control. The Council may adopt and enforce ordinances which, in relation to municipal affairs, shall control as against the general laws of the State. (, ratified, November 8, 1994) SECTION Legislature. WHEN CHARTER EFFECTIVE. This Charter shall go into effect upon its approval by the SECTION SEVERABILlTY. If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. (Added, ratified, November 8, 1994) CHAPTER Vll RELATION TO STATE LAW Published by ClerkBase Q2011 by Clerkbase. No Claim to Original Government Works http ://clerkshq. c om/content/albany-ca/bo -...-

46 Page 1 of 2 CHAPTER VIII CIVIL SERVICE 3. S ECTTON MUNICIPAL CIVIL SERVICE. I (a) There shall be a Municipal Civil Service, hereinafter referred to as the Classified Service. Membership h the Classified Service is defmed in Section 8.05(a) of this Chapter. There shall be a Civil Service Board, hereinafter referred to as the Board, to administer the Classified Service. (b) The City Council is authorized to pass ordinances pertaining to the Civil Service System. Ordinance provisions affecting the Classified Service shall require a four-fiflhs (4/5) vote of the City Council, and shall include not less than one (1) public hearing on the subject matter of the ordinance. (c) There shall be a Board consisting of five (5) members who serve without compensation. Each member of the City Council shall have the right to make one (1) appointment. (d) No officer, employee, or member of another Board, Commission, or City Council shall be eligible for appointment to the Civil Service Board. (, ratified, January 26, 1935; February 1, 1945; April 15, 1975; November 2, 1982; June 2, 1998) SECTION ORGANIZATION. (a) The Civil Service Board shall choose one (I) member to serve as Chairperson. (b) The City Council shall provide a person to serve as a secretary and administrative assistant to the Civil Service Board. (c) Procedures for organization of the Board, any employees thereof, and duties not hereinafter specified, may be established by resolution. (Added, ratified, November 2, 1982) SECTION POWERS AND DUTIES. (a) The Board shall formulate rules and regulations governing the selection, promotion, reinstatement, re-employment, transfer, of all persons who are in the CIassified Service in accordance with any ordinance adopted and/or amended by the City Council. (b) The Civil Service Board shall hold written, oral, and any such other examinations as may be appropriate for applicants for employment, promotion, re-employment, reinstatement, or transfer, and shall maintain records and certified lists as appropriate. If any open examination is held, the Board shall give reasonable preference to existing City employees within the same department, provisions of Section 8.04(a) of this Chapter notwithstanding. (c) There shall be a Hearing Board. The Hearing Board shall hear disputes related to members of the Classified Service, the exact nature and severity of such disputes to be defined by ordinance. Members of the Civil Service Board have the authority to serve as members of the Hearing Board. (Added, ratified, November 2, 1982) SECTION DISCRIMINATION PROHIBITED. (a) All appointments, promotions, or other personnel decisions affecting the status of an employee shall be based upon selection of the best qualified individual. (b) No person in the Classified Service, or seeking admission thereto, shall be appointed, promoted, demoted, or discharged, or in any way favored or discriminated against because of political opinions, or affiliations or because of religious belief. (Added, ratified November 2, 1982) SECTION EmECT ON EMPLOYEES IN POLICE AND FIRE DEPARTMENTS AND OTHER DEPARTMENTS. (a) All members, who are part of the Classified Service prior to the adoption of Chapter VIIT, Sections 8.01 et seq., shall be considered as members with their present status of the Classified Service under the system as now adopted, Employees, not part of the previous Classified Service, shall have no change in status until rules, regulations, ordinances or procedures have been passed which may include additional employees. All future employees hired to positions which are part of the Classified Service at this time shall so remain part of the Classified The City Council is empowered to define other positions to be included in the CiviI Service System and to expand

47 Page 2 of 2 ' 1. the system to include additional members by ordinance. (Added, ratified November 2, 1982) SECTlON The cost of conducting examinations and other duties of the Civil Service Board shall be qharged against the general fund of the City. These costs shall be certified by the Civil Service Board and, when so certified, shall be paid by the City Council in the same manner as other charges against the City. (Added, ratified November 2, 1982) SECTION SEVERABLITY. If any section, subsection, clause, or phrase of this law is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, clauses or phrases of this law. (Added, ratified November 2, 1982) CHAPTER Vlll CIVIL SERVICE Published by Clerkease Q2011 by Clerkbase. No Claim to Original Government Works. http ://clerkshq.com/content/albany-ca/books/cher/chap 8.htm. -

48 Page 1 of 5 CHAPTER IX PENSIONS 1 SECTION PENSIONS FOR MEMBERS OF POLICE AND FlRE DEPARTMENTS. (a) TRUSTEES WHO SHALL CONSTITUTE BOARD OF TRUSTEES OF POLICE AND FIRE RELIEF OR PENSlON FUND. The Mayor of the City of Albany, the City Treasurer, the City Clerk, and one (I) Pension Plan member, active or retired, each from the Police and Fire Departments, appointed by the Mayor upon the recommendation of the Pension Plan members fiom their respective service, hereby constitute the Board of Trustees of the Police and Fire Relief or Pension Fund of the Police and Fire Departments of the City of Albany, County of Alameda, State of California, which Board shall be known as the "Board of Police and Fire Pension Fund Commissioners." In the event that the regular members of the Board are unable to attend a meeting, alternates shall be permitted to attend and to vote on matters as if they were regular members. The City Council shall appoint another member of the CounciI to serve as an alternate for the Mayor. The City Council shall appoint alternates for the City Clerk or the City Treasurer, after recommendations fiom the City Clerk and the City Treasurer are submitted to the Council. Department heads or deputies from departments other than the Police or Fire Department may be appointed. All alternates may serve for a period of up to one (1) year, unless again appointed. Alternates for the Police and Fire Departments regular members are to be appointed by the Mayor upon recommendation of the Pension Plan members. If no Pension Plan members are able to sit on the Board as a regular member or alternate, a member from the active Civil Service Employees of the Police and Fire Departments shall be appointed by the Mayor upon the recommendation of the Pension Plan members to sit on the Board as that respective department's representative. (Ratified, January 7, 1955;, ratified, April 10, 1984;, ratified, April 14, 1992;, ratified, June 2, 1998) (b) ORGANIZATION OF OFFICERS. They shall organize as such Board annually at the first meeting after a General Municipal Election or on the equivalent date in years when no municipal election takes place, by choosing one of their number as Chairperson. The Board shall appoint a person to serve as secretary and administrative assistant to the Pension Board. Said Board of Trustees shall have charge of and administer said hd, order payments therefrom in pursuance of the provisions of this law. They shall report annually, in the month of June, to the City Council of the City of Albany, the condition of the Police and Fire Relief and Pension Fund, and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of said fund and the amounts paid them. (, ratified, April 10, 1990) (c) PENSIONS, TO WHOM AND AMOUNTS. Whenever any person at the taking effect of this act, or thereafter, shall have been duly elected, appointed or selected, and sworn, and have served for thirty (30) years, or more, in the aggregate as a member, in any capacity or any rank, whatever, of the regularly constituted Fire or Police Department of the said City of Albany, County of Alarneda, State of California, said Board shall, upon the application of such person, order and direct that such person be retired fiom hrther service in such Police or Fire Department, shall cease, and such person so retired shall thereafter, during his lifetime, be paid from such fwnd a yearly pension equal to two-thirds (2/3) of the amount of the average yearly salary attached to the rank which he may have held in said Police or Fire Deparbnent for the period of three (3) years preceding the date of such retirement; provided, however, that any person, aqer becoming fifty (50) years of age, who comes within the purview of this Section, and who has served for the consecutive number of years set forth below, shall upon his application be retired from further service upon a yearly pension equal to the percentage of the amount of said average yearly salary, which said percentage is set forth opposite the years sewed, as follows: Years of Service Percentage of Amount of Said Average Yearly Salary http ://el erkshq. c om/c ont ent/albany -c a/books/charter/chap 9, htm

49 Page 2 of 5 Notwithstanding any provision of this Chapter, the retirement allowance payable to any person who becomes a member on or after January 1, 1990, shall in no event exceed the Limitation imposed by Section 4 15(b) of the internal, Revenue Code of 1986 as applied (other than paragraph (2)(G) without regard to paragraph (2)(F) and as adjusted by Section 45-15(d)(l)(A) and (B). Section 415(b), 415@)(1)(A) and (B) are hereby incorporated by reference. It is the intent of this paragraph to further provide that any member who joined this plan prior to January 1, 1990, be exempted fiom any limitations which have been enacted in the Internal Revenue Code as part of the Tax Reform Act of 1986 and the Technical and Miscellaneous Revenue Act of (, ratified, February 4, ; April 10, 1990) (d) PHYSICAL DISABILITY: RESTORATION. Whenever any person while serving as a member of the Fire or Police Department of the City of Albany shall become physically disabled by reason of any bodily injury received in the immediate or direct performance or discharge of his duty as such member of the Police or Fire Department, said Board may, if it deems it to be for the good of said Police or Fire Department, retire such person fiom said department, and order and direct that he shall be paid from said hnd, during his lifetime, a yearly pension equal to one-half (112) of the amount of salary attached to the rank which he may have held on such Police or Fire Department at the date of such retirement; provided, that when such disability shall cease, such pension shall cease, and such person shall be restored to active service at the same rank at which he was retired. Upon the death of such person then on disability pension, the widow and/or children of the deceased member of the Police or Fire Department shall receive the same benefits fiom the Fire or Police Relief or Pension Fund as provided in paragraph (q) of Section 9.01 of the Charter of the City of Albany. (Ratified, March 7, 1961) (dd) NON-SERVICE DISABILITY. Whenever any person, at the taking effect of this section, while serving as a member of the Fire or Police Department of the City of Albany, prior to eligibility for service retirement, shall become disabled by reasons not connected with the immediate or direct performance or discharge of his duty as such member of the Fire or Police Department, if said disability renders him incapable of performing bis duties in his respective Department, said Board may, if it deems it to be for the good of said Fire or Police Department, retire such person from said Department and order and direct that he shall be paid from said Fund, during his lifetime, a yearly allowance equal to one and one-half percent (1.5%) of said member's fmal compensation multiplied by his years of service, but in no event shall said allowance exceed one-third (113) of his final compensation; provided, further, if the member has completed at least ten (10) years of service at the time of said disability, possible future service up to age sixty (60) may be used, but in no event shall said allowance exceed one-third (2/3) of final compensation; provided that when such disability shall cease, such allowance shall cease, and such person shall be restored to active service at the same rank at which he was retired. Upon the death of such person then receiving nonservice disability allowance, the widow and/or children of the deceased member of the Fire or Police Department shall receive the same benefits from the Fire and Police Relief or Pension Fund as provided in paragraph (q) of Section 9.01 of the Charter of the City of Albany. Final compensation as used in this subsection is defined as 'the highest average annual compensation, excluding overtime, earnable by said member during any period of three (3) consecutive years during his membership in the system'. (Ratified, February 4, 197 1) (e) EVlDENCE OF DISABILITY TO BE FILED. No person shall be retired, as provided in subsections (d) or (dd) of this Section 9-01, or receive any benefit fiom said fund, unless there shall be filed with said Board certificates of his or her disability, which certificates shall be subscribed and sworn to by said person, and by two regularly licensed practicing physicians of the State of California who, unless otherwise agreed by the prospective retiree and the Board, practice in the San Francisco Bay Area, and such Board may require other evidence of disability before ordering such retirement and payment as aforesaid. (, ratified, February 4, 197 1; November 6, 1979; April 8, 1986) (f) PENSION TO FAMLY. Whenever any member of the Fire or Police Departments of such City of Albany, at the taking effect of this act, or thereafter, shall lose his life while in the performance of his duty, leaving a widow, or child or children under the age of eighteen (18) years, then upon satisfactory proof of such facts made to it, such Board shall order and direct that yearly pension, equal to one-half (112) of the salary attached to the rank which such member heid in said Fire or Police Department at the time of his death, shall be paid to such widow during her life, or if no widow, then to child or children, until they shall be eighteen (18) years of age; provided, if such widow or child or children shall marry, then such person so marrying shall thereafter receive no further pension fiom such find. (, ratified, February 4,1971)

50 Page 3 of 5 (g) STIPULATED SUM TO FAMILY. Whenever 'iny person while serving as a member of &e Police or Fire Departments of the City of Albany shall die from natural causes, unrelated to his service as a member of said Police or Fire Departments, then his widow or children, or if there be no widow or children, then his parents or parent, or if there be no widow or children, or parents or parent, then the brothers and sisters of said member, or the survivor of them, shall receive a sum equal to the total amount of the payments made by said person into said fund together with interest on said sums at the rate of three and one-half percent (3 1/2%) per annum computed from the date said sums were paid into said b d by said member, within ninety (90) days from the date of the death of said member. (, ratified, January 7, 1955; February 4, 1971) (h) RE-EXAMINATIONS. Any person retired for disability under this act may be summoned before the Board herein provided for at any time thereafter, and shall submit thereto for examination as to fitness for duty, and shall abide the decision and order of such board with reference thereto. (, ratified, January 26, 1935; April 13, 1976) (i) FORFEITURE OF PENSION. Refund of contributions. When any person who shall have received any benefit from said h d shall fail to report for examination for duty as required by said Board under this act, in respect to said examination or duty, then such Board shall order that such pension allowance as may have been granted to such person shall immediately cease, and such person shall receive no urther pension, allowance or benefit under this act. Excepting, nevertheless, that any member of the Police or Fire Department, who, for any reason whatever ceases to be a member of the Police or Fire Department, and who at the time of said cessation is not otherwise entitled to financial benefits under this law, shall be entitled to, and shall be paid within ninety (90) days after such cessation of being a member, all sums of money retained from and out of his or her salary, as provided by subsection (1) of this law, together with three and one-half percent (3'12 %) per annum interest on such sums, computed from the first day of July of each year. Provided further, that any member of the Police or Fire Department who shall have ceased to be a member and shall have been paid any sum or sums of money as in this section provided, shall be reinstated and again become a member of the Police or Fire Department, said such sum or sums of money as shall have been so paid, together with interest at the rate of three and one-half percent (3 I12 %) per annum from the date of said payment as aforesaid shall be first deducted from any and all benefits thereafter by him received under this law. (, ratified, March 7, 1961; April 13, 1976) (j) MEETINGS AND DUTIES OF BOARD. The Board herein provided for shall hold monthly meetings on one of the last five business days of each month for which pension payments have accrued; and upon the call of its Chairperson, the specific day of the week to be set by Board resolution at its annual reorganization meeting. Additional meetings may be called by its Chairperson. It shall issue warrants signed by two voting members present at the meeting when the warrants were approved to persons entitled thereto of the amount of money ordered paid to such person from such fund by said Board, which warrant shall state for what purpose said payment is to be made; it shall keep a record of all its proceedings, which records shall be public records; it shall, at each monthly meeting, send to the Auditor of the City of Albany a list of all persons entitled to payments of the hds herein provided for, stating the amount of such payments and for what granted, which list shall be certifed to and signed by the President and Secretary of such Board, and attested under oath. The Auditor shall thereupon enter a copy of said list upon a book to be kept for that purpose, which shall be known as "The Police and Fire Relief Pension Fund Book." Payment of the amount named therein shall then be made out of the Police and Fire Relief and Pension Fund, and need not be approved by the Council prior to payment. However, the said list shall be entered by the Auditor and transmitted to the City Council for approval and ratification at the next meeting after the delivery of the pension checks. A majority of all of the members of said Board herein provided for shall constitute a quorum and have power to transact any and all business. (, ratified, January 7, 1955; May 29, 1968; April 10,1990) (k) OTHER POWERS OF BOARD. The Board herein provided for shall, in addition to other powers herein granted, have power: First. To compel witnesses to attend and testiw before it, upon all matters connected with the operation of this act, in the same manner as is or may be provided by law for the taking of testimony before notaries public; and its president, or any member of the Board, may administer oaths to such witnesses. Second. To provide for the payment from said h d of all its necessary expenses; provided that no compensation or emolument shall be paid to any member of said Board for any duty performed or required under this act. Third. To make all needful rules and regulations, for its guidance, in conformity with the provisions of this act. http :Nclerkshq. com/content/albany-ca/books/charter/chap9. htm

51 Page 4 of 5 (1) MONEYS TO BE PAID INTO POLICE AND FIRE RELIEF AND PENSION FUND. The City Council of the City of Albany shall, for the purpose of said Police and Fire Relief and Pension Fund hereinbefore mentioned, direct the payment into said fund as follows: I "A sum equal to nine percent (9%) out of and from the total amount of the monthly payroll of all of the members of both of said Departments for the current month, shall be retained by the City Treasurer, and shall be paid into said Police and Fire Relief and Pension Fund by the City; in addition thereto, the City shall contribute an equal amount to said fhd monthly. The City may make such other contributions to the said fund when actuarial studies reveal the necessity thereof. Said monies shall, in the discretion of the said Police and Fire Pension Trustees, be invested at not less than three and one-half percent (3l/2%) per annum, if such rate of interest is obtainable. (, ratified, January 13, 1949; June 15, 1966; August 16, 1967; February 4, 1971) (m) MERGER OF OTHER INSURANCE FUNDS. Any police, fire, life and health insurance fund, or any fund provided by law, heretofore existing in the City of Albany for the relief or pensioning of members of the Police or Fire Department, or their life or health insurance, or for the payment of a sum of money on their death, shall be merged with, paid into and constitute a part of the fund created under the provisions of this act; and no person who has resigned or been dismissed from said Police or Fire Department shall be entitled to any relief from such fund, provided that any person who within one year prior to the passage of this act, has been dismissed fiom the Police or Fire Department for incompetency or inefficiency, and which incompetency or inefficiency was solely by sickness or disability contracted or suffered while in service as a member thereof, and who has, prior to said dismissal, served for twelve (12) or more years as such member, shall be entitled to all the benefits of this act. (n) Any and all benefits payable under the provisions of this law shall not be additional to and supplemental to any compensation insurance or other insurance covering the scope of this law for the benefit of members of the Police or Fire Department and paid for by the City of Albany fiom sources other than under this law, but the benefits of said such compensation or other insurance paid for by the City of Albany shall fust be deducted 6om benefits payable under the provisions of this law to the end that said members of the Police or Fire Department shall receive an aggregate total of benefits paid for by the City of Albany and not included in this law, and the benefits provided for under this law, not to exceed in total the highest amounts or sums provided under the provisions of this law, (0) REPORTS. On the last day of June of each year, or as soon thereafter as practicable, the Auditor of the City of Albany shall make a report to the City Council of all monies paid out on account of said fimd during the previous year, and of the amount then to the credit of the Police and Fire Relief and Pension Fund Payments provided for in this law shall be made and paid out quarterly, upon proper voucher. (, ratified, January 26, 1935) (p) PENSIONS. If at any time those persons affected by the provisions of this election should, for the purpose of obtaining a more satisfactory and financially sound system of pensions and benefits than is herein set forth, desire to take advantage of the provisions of any law or laws of the State of California, now or hereafter in effect, relating to the subject matter of this section, they are hereby empowered to do so by following such procedure as may be set forth in such State law or laws. (, ratified, February 20, 1940) (q) SERVICE RETIREMENT PENSIONER'S BENEFITS TO WIDOW AND CHILDREN. Whenever any member of the Police or Fire Department of the City of Albany, shall, after receiving the service retirement pension that has been ordered and directed by the Board of Police and Fire Pension Fund Commissioners, die fiom any cause whatsoever, leaving a widow or widower who was married to the pensioner at least five (5) years before his retirement, or unmarried children under eighteen (18) years of age, then said survivor shall be entitled to and upon satisfactory proof, the Board shall order and direct that a pension equal to one-half (1/2) of the amount paid to the pensioner each month before his death shall be paid to the widow or widower each month during his or her life, or if there should be no widow or widower, then to his or her unmarried children until they are eighteen (18) years of age, provided, that if such widow or widower or child or children shall marry, then such persons so marrying shall thereafter receive no further pension fiom such funds. Upon the death of a service retired pensioner, the widow or widower, if any, shall be entitied to no part of his or her service retired pension unless he or she was married to the pensioner before his service retirement. Upon the death of any service retired pensioner, the widow or widower, if any, who was married less than five (5) years prior to the pensioner's retirement shall then be entitled to and upon satisfactory proof, the Board shall order and direct that a