Charter of the City of Stockton

ARTICLE IV
THE CITY COUNCIL

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SECTION 400. Powers

The City Council shall be the governing body of the municipality. All powers of the City shall be vested in the Council subject to the provisions of this Charter, the Constitution of the State of California and the Constitution of the United States. The Council may establish the method or methods by which any of such powers may be exercised.

SECTION 401. Membership

The Council shall consist of seven (7) members, six (6) Councilmembers and the Mayor, each of whom shall have the right to vote on all matters coming before the Council.

SECTION 402. Meetings

The Council shall call and hold regular and special meetings in such manner and at such time and place within the City of Stockton as it may prescribe.

SECTION 403. Open Sessions

All legislative sessions of the Council, whether regular or special, shall be open to the public except for sessions closed to the public as permitted by law. The public shall have access to the minutes and records of sessions open to the public at all reasonable times in accordance with applicable law.

 

SECTION 404. Quorum

A majority of the members of the Council shall constitute a quorum for the transaction of business. Every member when present, must vote upon all propositions.

SECTION 405. Appointees

The Council shall select the City Manager, City Attorney, City Clerk, City Auditor, and such other positions as may be provided for elsewhere in this Charter and such professional, technical and clerical employees to or for its own body as it may deem necessary; provided, however, that the Council shall not appoint to any position any business associate or any person related to the City Manager or any member of the Council by blood or marriage within the third degree, except that the foregoing prohibition against nepotism may be waived by a vote of at least two-thirds (2/3) of the members of the Council if the Council finds that the proposed appointment is in the interest of the City. All such appointees shall serve at the pleasure of the Council in the unclassified service; and shall serve under such terms and conditions, salaries and benefits as are required of and received by other similar unclassified employees.

SECTION 406. Investigations

The Council or any committee thereof duly authorized by the Council to do so, may investigate the financial transactions, and the official acts and conduct of any office or department of the City government. In conducting such investigations, the Council or any committee thereof shall have the authority to subpoena witnesses, administer oaths and require the production of evidence. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of any such subpoena or order shall be deemed contempt and shall be punishable as provided by the general laws of this State.

SECTION 407. Qualifications of Members

The Council shall be the judge of the election and qualifications of its members. Except as otherwise provided in this Charter, the Council shall determine its rules of procedure. It may punish or expel any member for violation of its rules.

SECTION 408. Interference with City Manager

Neither the Council nor any of its members nor the Mayor shall interfere with the execution by the City Manager of his or her powers and duties, nor in any manner dictate the appointment or removal of any City officers or employees whom the City Manager is empowered to appoint except as expressly provided in Charter Section 406. However, the Mayor and Councilmembers may express their views and fully and freely discuss with the City Manager anything pertaining to the appointment and removal of such officers and employees. Except for the purpose of inquiries and investigations under Charter Section 406, the Council, its members and the Mayor shall deal with City officers and employees who are subject to the direction and supervision of the City Manager, City Attorney, City Clerk or City Auditor, solely through the City Manager, City Attorney, City Clerk or City Auditor, respectively, and neither the Council nor its members nor the Mayor shall give orders to any of the subordinates of those appointees, either publicly or privately, except as otherwise provided in this Charter.

SECTION 409. Statement of Policy

The Council shall adopt a written Statement of Policy for each City department which is under the administration of the City Manager. Said Statement of Policy shall set forth the broad goals, objectives and aspirations to be accomplished by that department. When the position of the head of such a department becomes vacant, the Council shall review and, if necessary, amend the previously approved Statement of Policy. The Mayor and Councilmembers shall adopt a set of questions which are intended to elicit responses from each prospective appointee concerning the goals, objectives and aspirations in the Statement of Policy.

For purposes of this section, the term "department" shall mean any department specified in Charter Section 405 as well as any department created by the Council pursuant to Charter Section 411.

Prior to appointing any department head, the City Manager shall submit to the Mayor and Councilmembers, for their review, the responses to the Mayor and Councilmembers’ questions submitted by the proposed appointee. This section shall not apply to the appointment of any "acting" department head to serve in an interim capacity.

SECTION 410. Compensation

Each member of the Council, including the Mayor, shall be paid as compensation for his or her services as a member of the Council, for each calendar month during which he or she is a member of the Council, a monthly salary together with appropriate benefits, which shall be established by ordinance adopted pursuant to and in accordance with the provisions hereinafter set forth in this Section. No salary shall be established for any member of the Council, including the Mayor, except as provided in this Section.

Between March 1st and April 30th of every odd-numbered year, the Council Salary Setting Commission shall recommend to the Council the amount of monthly salary and the benefits which it deems appropriate for the members of the Council, including the Mayor, for the two-year period commencing July 1 of that odd-numbered year. The amount recommended for each Councilmember shall be the same. The amount recommended for the Mayor may exceed that of the other members of the Council, however the amount received by the Mayor shall be not less than the amount received by the Chairman of the Board of Supervisors of the County of San Joaquin. The monthly salaries and benefits shall be in an amount which takes into account the time devoted to the office of Councilmember, the full time nature of the office of Mayor and shall be commensurate with salaries and benefits then being paid for other public or private positions having similar part time and/or full time duties, responsibilities and obligations.

No recommendation shall be made except upon the affirmative vote of three (3) members of the Commission. Failure of the Commission to make a recommendation in any year within the time prescribed shall be deemed to mean a recommendation that no changes be made.

Each biennial recommendation, together with the reasons therefor, shall be made in writing. Before it submits any such recommendation to the Council, the Commission shall conduct at least one public hearing on the matter. When such a recommendation has been submitted to the Council, it shall not thereafter be amended by the Commission.

The Council shall, by ordinance, which shall be subject to the referendum provisions of this Charter, adopt the salaries as recommended by the Commission, or in some lesser amount, but in no event may it increase the amount.

Salaries established by ordinance adopted pursuant to the provisions of this section shall remain in effect until amended by a subsequent ordinance adopted pursuant to the provisions of this Section.

The compensation being paid to the Councilmembers as of the effective date of this section shall continue until established as required by this section.

SECTION 411. City Offices

The City Council may establish City departments in addition to those created by this Charter and may prescribe the functions, powers and duties of all departments, except that no department established by this Charter may be abolished. No function assigned by this Charter to a particular department may be discontinued or assigned to any other unless this Charter specifically so provides.

*Historical Note:

Article IV was repealed and added sections 409-411 were added. at Election 03/07/2000 effective 01/01/2001, Article IV was repealed and added at Election 11/3/92 effective 1/13/93. Prior history includes Election 10/12/26; Election 5/31/32

effective 1/24/33; Election 10/14/47 effective 3/3/48; Election 10/9/51 effective 3/6/52; Election 10/13/53 effective 3/16/54; Election 11/4/58 effective 3/2/59; Election 10/12/71 effective 12/6/71; Election 10/9/73 effective 1/17/74; Election 6/5/84 effective 6/26/84; Election 11/4/86 effective 12/9/86.