Charter

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City of Los Santos
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Charter

Fri May 04, 2018 8:54 pm

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CITY OF LOS SANTOS
CHARTER

ARTICLE I
INCORPORATION AND POWERS
  • Sec. 100. Incorporation.
The City of Los Santos shall continue to be a municipal corporation under the same name and possessed of all the property and interests of which it was possessed at the time the Charter takes effect. The boundaries of the City shall be the boundaries as established at the time the Charter takes effect, or as may later be changed in the manner authorized by law.
  • Sec. 101. Powers of the City.
The City of Los Santos shall have all powers possible for a charter City to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in the Charter, subject only to the limitations contained in the Charter.
  • Sec. 102. Delivery of Services.
Every City office and department, and every City official and employee, is expected to perform their functions with diligence and dedication on behalf of the people of the City of Los Santos. In the delivery of City services and in the performance of its tasks, the government shall endeavor to perform at the highest levels of achievement, including efficiency, accessibility, accountability, quality, use of technologically advanced methods, and responsiveness to public concerns within budgetary limitations.
  • Sec. 103. Restrictions on the Powers of the City.
The rights and powers granted by the Charter shall be subject to the restrictions set forth in this section or elsewhere in the Charter.

(a) Mortgaging of Property. The City shall have no power to mortgage its property for any purpose, but may buy property subject to mortgage.

(b) License Taxes. The City shall require an ordinance adopted by a majority vote of the Council to levy a license tax. No discrimination in the amount of license tax shall be made between persons engaged in the same business, other than by proportioning the tax to the amount of business done, except that the Council by ordinance may provide for license tax exemptions and decreases to promote City economic development.

(c) Sale of Public Utilities. No public utility owned by the City shall be sold, leased or otherwise transferred.

(d) Use of Los Santos River Bed. The bed of the Los Santos River, or any part of it, as now or hereafter defined and located, shall not ever be sold, granted, leased, transferred or alienated in any way, but shall be kept at all times for municipal purposes, free and clear of all encumbrances and obstructions.

(e) Municipal Newspaper. The City shall not appropriate any public money for the printing, publication, sale or distribution of a commercial municipal newspaper.

(f) Business Enterprises. The City shall not engage in any purely commercial or industrial enterprise.

(g) Non-discrimination. In the employment of persons in the service of the City, there shall be no discrimination in selection or compensation on account of race, religion, national origin, ancestry, sex, sexual orientation, age, disability, or marital status.
  • Sec. 104. Title to Property.
The title to all property of the City of Los Santos, now owned or hereafter acquired, including all property in the name of any office or department of the City, shall be vested and held in the name of the City of Los Santos.


ARTICLE II
OFFICERS OF THE CITY

GENERAL PROVISIONS
  • Sec. 200. City Officers.
The officers of the City shall be:
  • (1) a Mayor;
    (2) the Members of the Council;
    (3) a District Attorney;
    (4) a City Clerk;
    (5) a City Treasurer; and
    (6) the chief administrative officer of each department.
  • Sec. 201. City Offices.
The City Offices shall be:
  • (1) the Office of the Mayor;
    (2) the Office of the District Attorney;
    (3) the Office of the City Clerk; and
    (4) the Office of Finance.
  • Sec. 202. Election of Mayor.
The Mayor shall be elected by the electors of the City, at large.
  • Sec. 203. Appointment and Removal of Officers.
Except as otherwise provided in the Charter, City officers shall be appointed by the Mayor, subject to confirmation by the Council. Except as otherwise provided in the Charter, the appointing power shall have the power of removal.
  • Sec. 204. Term of Office.
The Mayor and members of the Council shall hold their offices for a term of four months. The term of an official elected to City office shall commence on the first day of the next month following his or her election.
  • Sec. 205. Term Limits.
No person may serve more than two terms of office as Mayor. No person may serve more than three terms of office as member of the City Council. These limitations on the number of terms of office shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the term is less than one-half of the full term of office.
  • Sec. 206. Vacancy in City Offices.
An office becomes vacant when:
  • (1) the incumbent dies, retires, resigns, is convicted of a felony or an offense involving a violation of official duties, or is removed from office;
    (2) the incumbent is physically or mentally incapacitated due to illness, injury or other reason such that he or she cannot perform the duties of the office; or
    (3) the incumbent of an elected office has ceased to discharge the duties of the office for 14 consecutive days, except when prevented by illness, injury, or other reasonable cause.
  • Sec. 207. Code of Conduct of Elected Officials; Censure.
All elected officials of the City are expected to conform to the highest standards of personal and professional conduct. The Council shall have the power to adopt, by four-fifths vote, a resolution of censure with respect to any member of the Council whose actions constitute a gross failure to meet such high standards, even if the action does not constitute a ground for removal from office under the Charter.
  • Sec. 208. Creation of Additional Departments.
The Council may by ordinance create additional departments whenever the public necessity requires it.
  • Sec. 209. Affirmation of Office.
Every City officer shall, before entering upon the discharge of the duties of office, take the following affirmation: "I do solemnly affirm that I will support the Constitution of the United States and the Constitution of the State of San Andreas and the Charter of the City of Los Santos, and that I will faithfully discharge the duties of the office of (here inserting the name of the office) according to the best of my ability."
  • Sec. 210. Monthly Report.
Every City officer shall make and present to the Mayor and Council a monthly report relating to their work.
  • Sec. 211. Investigations and Proceedings.
(a) Administration of Affirmations. The Mayor and each member of the Council shall have the power to administer affirmations in any investigation or proceeding pending before any of those officers or bodies.

(b) Witnesses and Subpoenas. The Mayor and each member of the Council shall have the power and authority to examine witnesses under oath and compel the attendance of witnesses and the production of evidence before them. Upon the request of the Mayor or a member of the Council, the City Clerk shall issue subpoenas in the name of the City, attested with the corporate seal, requiring the attendance and testimony of the witness or production of documents at a specified time and place before the Mayor or Council.

(c) Penalties and Procedure. The Chief of Police shall cause all such subpoenas to be served. The Council shall prescribe by ordinance suitable penalties for disobedience of subpoenas, and the refusal of witnesses to testify or produce evidence.
  • Sec. 212. Compensation of Officers and Limitation on Outside Activities.
All City officers shall devote their entire time to duties related to their offices. They shall not receive any compensation, including honoraria, for their services other than an authorized salary for that position.
  • Sec. 213. Salary Setting.
The Council shall, by ordinance, set salaries for all officers and employees of the City, including those officers and employees provided for in departments having control of their own definite revenues and funds.

EXECUTIVE BRANCH
  • Sec. 220. Mayor.
Except as otherwise provided in the Charter, management authority shall be vested in the Mayor who shall be the Chief Executive Officer of the City. The Mayor shall execute and uphold all laws and ordinances of the City.
  • Sec. 221. Powers and Duties.
The Mayor shall have the power and duty to:
  • (1) exercise management authority over all departments and offices of the City;
    (2) appoint and remove staff as may be needed to perform the duties and carry out the responsibilities of the Mayor's office;
    (3) appoint chief administrative officers of City departments and appointed offices, each subject to Council confirmation;
    (4) remove from office any chief administrative officer or appointed officer;
    (5) every month, publicly address the Council on the state of the City;
    (6) prepare and submit the Mayor's proposed monthly budget to the Council for consideration;
    (7) represent the City in intergovernmental relations;
    (8) declare a local emergency and coordinate the City's emergency response activities; and
    (9) establish procedures and implement policies not inconsistent with the Charter or ordinance as are necessary to effectively manage and supervise the responsibilities entrusted to the Mayor through the issuance of executive directives.
LEGISLATIVE BRANCH
  • Sec. 230. Legislative Power.
All legislative power of the City except as otherwise provided in the Charter is vested in the Council and shall be exercised by ordinance, subject to the power of veto or approval by the Mayor. Other action of the Council may be by order or resolution.
  • Sec. 231. Council Size.
The Council shall consist of five members.
  • Sec. 232. Conduct of Business.
Meetings and records of the proceedings of the Council shall be open to the public. The Council shall have the exclusive power to organize its business and prescribe the rules of its proceedings and preserve order at its meetings.
  • Sec. 233. Frequency of Meetings.
The Council shall hold regular meetings at least one day every two weeks. Meetings shall be held in City Hall. By resolution, the Council may establish periods during which the Council will be in recess. The Council may also each hold special meetings with proper notice.
  • Sec. 234. President of the Council.
The Council shall elect one of its members as presiding officer, who shall be called the President of the Council. In case of any vacancy in the office of Mayor pending appointment and qualification of a successor, or in case of unavailability due to sickness, absence from the state, or disability of the Mayor, the President of the Council shall act as Mayor of the City. The President of the Council, while acting as Mayor, shall not lose his or her rights as a member of the Council.
  • Sec. 235. Quorum and Vote Necessary to Take Action.
A majority of the members of the Council shall constitute a quorum for the transaction of business. Action by the Council shall be taken by a majority vote of the entire membership of the Council.
  • Sec. 236. Public Improvements.
The City shall have power to provide for public improvements by contract or by the direct employment of labor and purchase of materials. The Council may cause the costs and expenses of the improvements, including any damages to private property caused thereby, to be paid from the General Fund or a special fund of the City.
  • Sec. 237. Procedure for Adoption of Ordinances.
(a) Introduction and Passage. No ordinance shall be passed finally on the day it is introduced, but it shall be held over for two weeks, unless approved by unanimous vote of all the members of the Council present.

(b) Presentation to Mayor. Every ordinance passed by the Council shall, before it becomes effective, be signed by the City Clerk, and be presented to the Mayor for approval and signature. If the Mayor does not approve the ordinance, the Mayor shall endorse on it the date of its presentation to him or her, and return it to the City Clerk with a written statement of objections to the ordinance. The City Clerk shall endorse on the ordinance the date of its return to him or her. If the Mayor does not approve or veto an ordinance within five days after its presentation to him or her, the ordinance shall be as effective as if signed by the Mayor.

(c) Override by Council. The City Clerk shall present the ordinance, with the objections of the Mayor, at the first Council meeting after the Clerk has received the Mayor's objections. The Council may pass any ordinance over the veto of the Mayor within four weeks after the objections of the Mayor are presented to the Council, by unanimous vote of the Council.
  • Sec. 238. Effective Date of Ordinances, Orders and Resolutions.
Orders and resolutions shall take effect upon their passage. Ordinances shall take effect three days after Mayoral approval or override of Mayoral veto.

DISTRICT ATTORNEY
  • Sec. 240. Appointment and Removal.
The District Attorney shall be appointed and removed by the Mayor, subject in both appointment and removal to confirmation by the Council. The District Attorney must be qualified to practice in all the courts of the state, and must have been so qualified for at least five months immediately preceding his or her appointment.
  • Sec. 241. Powers and Duties.
The powers and duties of the District Attorney shall be to:
  • (1) represent the City in all legal proceedings against the City;
    (2) initiate appropriate legal proceedings on behalf of the City;
    (3) prosecute on behalf of the people all criminal cases and related proceedings arising from violation of the provisions of the Charter and City ordinances, and all offenses arising from violation of the laws of the state occurring in the City; and
    (4) advise the City, and all City departments and officers, on matters relating to the law.
  • Sec. 242. Control of Litigation.
The civil client of the District Attorney is the municipal corporation, the City of Los Santos. The District Attorney shall defend the City in litigation, as well as its officers and employees. The District Attorney may initiate civil litigation on behalf of the City. In the course of litigation, client decisions, including a decision to initiate litigation, shall be made by the Mayor.

CITY CLERK
  • Sec. 250. Appointment and Removal.
The City Clerk shall be appointed and removed by the Mayor, subject in both appointment and removal to confirmation by the Council.
  • Sec. 251. Powers and Duties.
The powers and duties of the City Clerk shall be to:
  • (1) have custody of the City seal, ordinances, contracts, records, and other documents entrusted to the Clerk's care;
    (2) keep all ordinances, contracts, records and documents properly indexed available for public inspection;
    (3) be present at each meeting of the Council and keep a record of its proceedings;
    (4) administer all affirmations except as otherwise provided by the Charter; and
    (5) superintend elections.
CITY TREASURER
  • Sec. 260. City Treasury.
The official depository of the City shall be known as the City Treasury, which shall be under the direction and control of the City Treasurer.
  • Sec. 261. Office of Finance.
The chief administrative officer of the Office of Finance shall be the City Treasurer.
  • Sec. 262. Powers and Duties.
The powers and duties of the City Treasurer shall be to:
  • (1) collect revenues;
    (2) issue licenses and permits;
    (3) have custody of all money deposited in the City Treasury;
    (4) prescribe the method of keeping all accounts of the offices and departments;
    (5) allocate funds and expenditures as authorized or prescribed by the general City budget; and
    (5) maintain a complete set of accounts which shall be deemed the official books and accounts of the City, which shall show at all times the financial condition of the City, the state of each fund, including funds of departments responsible for managing their own funds, the source from which all money was derived and for what purposes all money has been expended.
  • Sec. 263. Funds.
All money paid into the City Treasury shall be credited to and kept in separate funds. In addition to funds established for departments controlling their own funds, the General Fund and Reserve Fund are hereby established. The Council may by ordinance establish special funds as necessary.

(a) The General Fund is established as a medium of control of and accounting for municipal activities other than activities authorized or contemplated by special funds. All revenues and receipts which are not pledged or encumbered for special purposes shall be credited to the General Fund.

(b) The Reserve Fund shall include funding for unanticipated expenditures and revenue shortfalls in the City's General Fund. It shall be allocated an amount that shall bring the balance of the Reserve Fund to one-twentieth of the General Fund.


ARTICLE III
CITY DEPARTMENTS

GENERAL PROVISIONS
  • Sec. 300. Creation and Management of Departments.
There shall be the following departments each of which shall be under the control and management of a chief administrative officer, who shall be the head of the department:
  • (1) Fire;
    (2) Police;
    (3) Public Works; and
    (4) Water and Power.
  • Sec. 301. Chief Administrative Officers.
Other than the elected offices, each department shall have a chief administrative officer. The chief administrative officer has full charge and control of all work of the department or office. Chief administrative officers may have different position titles such as director.
  • Sec. 302. Appointment and Removal of Chief Administrative Officers.
(a) Appointment. Each chief administrative officer shall be appointed by the Mayor, subject to confirmation by the Council. If the Council does not disapprove the appointment within five days after its submission to the Council, the appointment shall be deemed approved.

(b) Temporary Appointments. The Mayor must fill any vacancy in the position of chief administrative officer within ten days of the vacancy. The Mayor may appoint a temporary chief administrative officer for one month, which period may be extended with the consent of Council for an additional one month. If no permanent appointment has been submitted to the Council during the initial or extended period, the temporary appointment shall be deemed submitted as a permanent appointment, and the time period for Council approval or disapproval shall commence as of that date.

(c) Removal. The Mayor may remove, by written notice, a chief administrative officer. Within ten days of the removal, the chief administrative officer may appeal the removal to the Council. Within ten days of receipt of the appeal, the Council may reinstate the chief administrative officer by a four-fifths vote of the Council. Failure of the Council to reinstate the chief administrative officer during this time period shall constitute a denial of the appeal.
  • Sec. 303. Powers and Duties of Chief Administrative Officers.
Each chief administrative officer shall:
  • (1) have full charge and control of all work of the department;
    (2) be responsible for the proper administration of its affairs;
    (3) appoint, discharge, suspend or transfer all employees of the department;
    (4) issue instructions to employees in the line of their duties;
    (5) expend the funds of the department; and
    (6) each month, file with the Mayor and Council a written report on the work of the department.
  • Sec. 304. Departments Controlling Their Own Funds.
The Fire and Police Departments shall have control over their own special funds. They shall provide suitable quarters, equipment and supplies for the department, create the necessary positions in the department, authorize the necessary employees and fix their duties.

FIRE DEPARTMENT
  • Sec. 310. Powers and Duties of the Department.
The Fire Department shall have the power and duty to:
  • (1) control and extinguish injurious or dangerous fires and to remove that which is liable to cause those fires;
    (2) enforce all ordinances and laws relating to the prevention or spread of fires, fire control and fire hazards within the City, and the waters under the jurisdiction of the City, and vessels or structures thereon;
    (3) conduct fire investigations; and
    (4) protect lives and property in case of disaster or public calamity.
  • Sec. 311. Authority of Officers.
The officers of the Fire Department who are in charge at the scene of any fire or emergency shall have full power and authority to direct the operation of controlling and containing the fire or emergency. The officers may prohibit approach to the fire or emergency site and may remove any person, vehicle, vessel or thing not needed in controlling and containing the fire or emergency or preserving property in the vicinity.
  • Sec. 312. Fire Chief.
The chief administrative officer of the Fire Department shall be known as the Fire Chief. The Fire Chief shall be appointed and removed by the Mayor, subject in both appointment and removal to confirmation by the Council.

POLICE DEPARTMENT
  • Sec. 320. Powers and Duties of the Department.
The Police Department shall have the power and duty to enforce the penal provisions of the Charter, City ordinances and state and federal law. In the discharge of these powers and duties, the members of the department shall have the powers and duties of peace officers as defined by state law. The officers and employees of the Police Department shall have the power and duty to protect lives and property in case of disaster or public calamity.
  • Sec. 321. Chief of Police.
The chief administrative officer of the Police Department shall be known as the Chief of Police. The Chief of Police shall be appointed and removed by the Mayor, subject in both appointment and removal to confirmation by the Council.

PUBLIC WORKS DEPARTMENT
  • Sec. 330. Powers and Duties of the Department.
The Department of Public Works shall have the following powers and duties:
  • (1) design, construct, excavate and maintain streets and public works improvements including but not limited to bridges, public parkways and rights-of-way, sanitary sewers and storm drains, water and sewer treatment facilities, landfills and public rights-of-way lighting facilities owned by the City;
    (2) design and construct public buildings belonging to the City; and
    (3) dispose of solid waste.
  • Sec. 331. Director.
The chief administrative officer of the Department of Public Works shall be known as the Director of the Department of Public Works. The director shall have the power and duty to:
  • (1) establish procedures for the examination, consideration and preparation of requests for proposals or bids for any work or improvements;
    (2) approve the award of contracts;
    (3) fix the time when work shall be commenced and completed;
    (4) exercise the power of eminent domain, subject to Council authorization, and lease or purchase property on behalf of the City for the construction and maintenance of public works projects;
    (5) approve specifications for public works construction projects;
    (6) supervise and manage construction and maintenance work; and
    (7) grant street encroachment and other permits necessary for the temporary use of City rights-of-way.
DEPARTMENT OF WATER AND POWER
  • Sec. 340. Possession, Management and Control of Water and Power Assets.
The Department of Water and Power shall have the possession, management and control of all water and water rights, lands, rights-of-way, sits, facilities, and other interests, known as the Water Assets, and all the electric energy rights, lands, rights-of-way, sites, facilities, and property used for the generation, transportation, distribution, and delivery of power, known as Power Assets, for the benefit of the City, its inhabitants and its customers.
  • Sec. 341. Director.
The chief administrative officer of the Department of Water and Power shall be known as the Director of the Department of Public Works. The director shall have the power and duty to:
  • (1) regulate and control the use, sale and distribution of water, reclaimed water, surplus water, electric energy and surplus electric energy owned or controlled by the City;
    (2) grant permits for connections with the water or electric works of the City and fix the charges for these connections;
    (3) fix the rates to be charged for water, reclaimed water, surplus water, electric energy or surplus electric energy;
    (4) prescribe the time and the manner of payment for the collection of the rates and charges for water and electric energy; and
    (5) acquire, provide for, construct, extend, maintain and operate all improvements, utilities, structures, facilities and services as necessary.
ARTICLE IV
ELECTIONS

GENERAL PROVISIONS
  • Sec. 400. Types of Elections.
Municipal elections held in the City of Los Santos shall be classified as primary nominating elections, general municipal elections and special elections.
  • Sec. 401. Election Days.
Primary nominating elections shall be held on the first Friday in April, August, and December, and general municipal elections shall be held on the third Friday in April, August, and December.
  • Sec. 402. Returns of Election.
The returns of every election shall be delivered to the City Clerk, who shall, within two days after any election, canvass the returns and certify them to the Council, who shall declare the result and order the issuance of certificates of nomination or election as appropriate. The Council shall be the judge of the qualifications of all of the elected officers.
  • Sec. 403. Eligibility for Office.
(a) Election. To be eligible for nomination or election to any office under the Charter, a person must have been a resident of the City, or a resident of the Council district if the office is of the City Council, for at least one month immediately preceding the first day upon which candidates could file a Declaration of Intention to run for office at that election.

(b) Appointment. The eligibility requirements of subsection (a) shall also apply to persons appointed to fill a vacancy in an elected office; however, the 30 day residency requirement shall be measured from and precede the date of appointment.

(c) Disqualification. No person shall be eligible to file a Declaration of Intention to run for City office or for election or appointment to any elected City office, who, within the prior five months was convicted of a felony or an offense involving a violation of official duties.
  • Sec. 404. Eligibility to Vote.
To be eligible to vote in a municipal election, a person must be a resident of the City.
  • Sec. 405. Filling Vacancies.
If the office of Mayor or a member of the City Council is vacant, and the remaining term is less than one month, the Council shall appoint a person to hold the office for remaining term. If the remaining term is more than one month, the Council shall call a special election by ordinance for the purpose of filling the vacancy for the remaining term.

PRIMARY NOMINATING AND GENERAL MUNICIPAL ELECTIONS
  • Sec. 410. Declaration of Intention.
(a) Form and Timing. Each candidate for nomination to any elected office shall sign and file with the City Clerk a sworn Declaration of Intention to become a candidate for the office designated in the Declaration. The Declaration of Intention must be made on a form furnished by the City Clerk, and shall include an affidavit by the candidate that he or she possesses all necessary legal qualifications to be a candidate for the designated office. The Declaration of Intention shall be filed not earlier than two weeks, nor later than one week prior to the primary nominating election.

(b) Restrictions; Withdrawal. A candidate may not file a Declaration of Intention to become a candidate for more than one office at the same primary nominating election. A candidate may withdraw the Declaration of Intention to become a candidate for the office designated therein by filing a written statement with the City Clerk. In that case, a candidate may file a new Declaration of Intention to become a candidate for another office not later than one week prior to the primary nominating election.
  • Sec. 411. Nominating Petition.
(a) Form and Requirements. The City Clerk shall prepare and furnish a Nominating Petition to each candidate who has filed a valid Declaration of Intention. The Nominating Petition shall specify the name of the office and the name of the candidate to be nominated. In order to qualify a candidate for placement on the primary nominating ballot, the Nominating Petition shall be signed by at least 50 residents of the City, in the case of nomination to an office elected at large, or at least 30 residents of the Council district in the case of nomination to the City Council. Only signatures of residents living within the Council district shall be counted in determining the sufficiency of those petitions. Voters may sign more than one petition for a candidate for the same office.

(b) Filing and Certification. Nominating Petitions shall be filed with the City Clerk not more than 10 days and not less than 5 days prior to the primary nominating election. The City Clerk shall examine the Nominating Petition, and determine whether it contains the requisite number of signatures of qualified residents. When the City Clerk has completed the examination of the petition, the Clerk shall prepare a dated certificate showing the result of the examination.
  • Sec. 412. Withdrawal of Nominating Petition.
Within three days after the expiration of the time for filing a Nominating Petition, any person for the nomination of whom a petition has been filed, may cause his or her name to be withdrawn from nomination by filing a request in writing with the City Clerk. No name so withdrawn shall be printed on the primary nominating election ballot.
  • Sec. 413. Primary Nominating Election Ballot.
The ballot for any primary nominating election shall be as follows:

(a) Order of Placement. The names of candidates who have qualified for placement on the ballot, except candidates who have withdrawn or died or otherwise been disqualified, together with any measures as ordered by the Council or otherwise required by law, shall appear on the ballot. The offices to be filled shall be arranged on the ballot with the Mayor first, followed by the member of the Council. Measures shall appear on the ballot in the order determined by the Council.

(b) Nonpartisan Ballot. There shall be nothing on any ballot indicative of the party affiliation, source of candidacy or support of any candidate.
  • Sec. 414. Results of Primary Nominating Election.
(a) In the event that any candidate receives a majority of the votes cast for an office at the primary nominating election, that candidate shall be elected to the office.

(b) In the event no candidate receives a majority of the votes cast for an office, the two candidates receiving the highest number of votes for the office shall be the candidates, and the only candidates, for that office whose names shall appear on the ballots to be used at the general municipal election.

(c) In the event that two or more persons receive an equal number of votes as candidates for an office at the primary nominating election, so that the result of the election does not determine which of the persons are entitled to be nominated as candidates, the Council shall include both candidates for the general municipal election.
  • Sec. 415. General Election Ballot.
The ballot for any general election shall be in the same general form as for the primary nominating election, so far as applicable, and without any indication as to the party affiliation, source of candidacy or support of any candidate.
  • Sec. 416. Death or Disqualification of Candidate.
In the event of the death, resignation or other disqualification of any candidate nominated at a primary nominating election, the person who received the next highest number of votes for that office at the primary nominating election shall be deemed a candidate and, if practicable, his or her name shall be printed on the ballot to be used at the general municipal election.

RECALL
  • Sec. 420. Subject of Recall.
Any incumbent of an elected office, whether elected by vote of the people or appointed to fill a vacancy, may be removed from office by the residents of the City of Los Santos. The removal of the incumbent shall be known as the recall.
  • Sec. 421. Recall Petition.
The following shall apply to all recall petitions:

(a) To qualify for presentation to the City Council, a recall petition shall be signed by residents equal in number to at least 25% of the total number of votes cast for all candidates for the office of the incumbent of which is sought to be removed. Only signatures of registered voters living within the Council district shall be counted in computing the 25%, and only voters residing within the district shall be entitled to vote at the election.

(b) Before submitting a recall petition for signatures, its proponents shall publish a Notice of Intention and a Statement of Reasons (Statement) for the proposed recall. No such notice shall be effective if published before the officer has held his or her current term of office for three weeks, or within six weeks of the expiration of the current term of office. The Statement shall be served on the officer to be recalled and on the City Clerk. The sufficiency of the Statement shall not be subject to review by the Council; however, the petition, when circulated, shall have attached to it an affidavit of one or more of the proponents that all of the facts contained in the Statement are true.

(c) The officer whose recall is sought, or anyone acting upon his or her behalf, may publish an Answer to the Statement (Answer). If an Answer is published, it shall be served on the proponent of the recall and on the City Clerk. The Statement and Answer are intended solely for the information of the voters and no insufficiency in their form or substance shall affect in any manner the validity of the proceedings taken under the Charter.

(d) Within the time after the publication and service of the Statement, the petition demanding the recall of the officer may be circulated for signatures. The petition shall contain a copy of the Statement and any Answer. Signatures shall be secured and the petition filed within one week from the first day to circulate.
  • Sec. 422. Action by Council on Recall Petition.
When a recall petition is presented to the Council by the City Clerk, the Council shall within five days, by ordinance, call for the holding of a special election for the purpose of submitting to the voters of the City at large or of the Council district the question of whether the officer shall be recalled, and if recalled, for the election of his or her successor. The special election shall be held not more than eight days after the date of Council action on the petition.
  • Sec. 423. Prohibition on Reappointment.
No person who has been removed from an elected office by the recall, or who has resigned from office while recall proceedings were pending, shall be appointed to any office for six months after that removal or resignation.
  • Sec. 424. Recall Ballot.
In addition to the question of whether the incumbent shall be removed from office, each recall ballot shall also list the names of all persons who have been nominated as candidates to succeed the person whose removal is sought. The name of the incumbent shall not appear on the ballot as a candidate for the office. If a majority of the registered voters voting on the matter vote in favor of the recall, then the incumbent shall be removed from office effective on the date the successor qualifies.
  • Sec. 425. Nomination of Candidates to Replace Recalled Officer.
Any candidate to be voted for at a recall election, other than the incumbent sought to be removed, may be nominated by petition, which petition shall conform to the provisions of the Charter, so far as applicable, relating to nominating petitions at primary nominating elections. Nominating petitions may be circulated upon the City Clerk's certificate of sufficiency of the recall petition. The City Clerk shall ascertain whether or not the petition is signed by the requisite number of registered voters of the City or Council district.
  • Sec. 426. Election of Candidate to Succeed Recalled Officer.
If the vote at any recall election shall recall an officer of the City of Los Santos then the candidate who receives a plurality of the votes cast for candidates to succeed the officer removed shall be declared elected for the remainder of the term.

INITIATIVE
  • Sec. 430. Subject of Initiative.
Any proposed ordinance which the Council itself might adopt may be submitted to the Council by a petition filed with the City Clerk, requesting that the ordinance be adopted by the Council or be submitted to a vote of the electors of the City.
  • Sec. 431. Initiative Petition.
The following shall apply to all initiative petitions:

(a) Prior to the circulation of any initiative petition, the proponents of the petition shall submit a draft of the petition to the City Clerk, setting forth the proposed ordinance in full. A title and summary shall be incorporated into and appear on all copies of the initiative petition circulated for signatures and filed with the City Clerk.

(b) All names signed to a petition must have been secured not more than two weeks after the date of filing. Any signature affixed outside of this time period shall not be counted in determining the sufficiency of the petition. To qualify for presentation to the Council, an initiative petition shall be signed by registered voters of the City in a number equal to 15% of the total number of votes cast for all candidates for the office of Mayor at the last general municipal election.

(c) The City Clerk shall examine the petition and determine whether it contains the requisite number of signatures of registered voters. When the City Clerk has completed the examination of the petition, the Clerk shall prepare a dated certificate showing the result of the examination, and shall notify the sponsors of the petition of either the sufficiency or insufficiency of the petition without delay.

(d) If, by the certificate of the City Clerk, the petition is shown to be sufficient, the City Clerk shall present the petition to the Council without delay. The sufficiency or insufficiency of the petition shall not be subject to review by the Council.

(e) No amendments, changes, alterations or corrections of any kind, clerical or otherwise, shall be permitted to be made in any petition after it has been filed with and approved by the City Clerk.
  • Sec. 432. Action by Council on Initiative Petition Requesting Adoption of Ordinance.
(a) The proponents of an initiative petition may withdraw the petition at any time before the Clerk certifies that the petition has qualified for presentation to the Council.

(b) When an initiative petition requesting the adoption by the Council of a proposed ordinance is presented to the Council by the City Clerk, the Council must take one of the following actions within five days after the presentation, unless the petition is withdrawn by the proponents:
  • (1) adopt the proposed ordinance, without alteration;
    (2) call a special election to be held not earlier than one week nor more than two weeks after Council action on the petition to submit the proposed ordinance, without alteration, to a vote of the electors of the City; or
    (3) determine to submit the proposed ordinance, without alteration, to a vote of the electors of the City at the next regular City election.
  • Sec. 433. Adoption of Ordinances by Initiative.
If a majority of the voters voting on any ordinance proposed by initiative petition vote in favor, the ordinance shall become an ordinance of the City upon the declaration by the Council of the result of the election.


ARTICLE V
FINANCE

GENERAL BUDGET
  • Sec. 500. Mayor's Proposed Budget.
On the date of the final scheduled Council meeting of the month, the Mayor shall submit to the Council a budget for the ensuing month setting forth in summary and in detail:
  • (1) estimates of the expenditures and appropriations necessary for the support of the required work programs of the City government for the ensuing month;
    (2) the expenditures and receipts of the City government during the last month;
    (3) balanced statements of the condition of the Treasury;
    (4) other financial statements and data necessary or desirable in order to make known in all practical detail the financial condition of the City government; and
    (5) an estimated Unappropriated Balance of the General Fund, which shall be available for appropriations later in the month to meet contingencies as they arise.
  • Sec. 501. Council Consideration of Budget.
After receiving the budget submitted by the Mayor, the Council shall:
  • (1) approve the budget as submitted by the Mayor; or
    (2) by majority vote, modify the budget by disapproving in whole or in part any items, or by increasing or decreasing any item, or by adding new items, and return the budget as modified by the Council to the Mayor.
Upon failure of the Council to return the budget to the Mayor, the budget as submitted by the Mayor to the Council shall be signed by the City Clerk and thereupon become the general City budget for the ensuing month.
  • Sec. 502. Mayor's Veto.
The budget as adopted by the Council shall not be held for reconsideration but shall be promptly transmitted by the City Clerk to the Mayor upon whose approval and signature it shall become effective. If the Mayor shall fail to act upon the budget within five days after its adoption by the Council, it shall be signed by the City Clerk and shall thereupon become effective. If the Mayor disapproves of any increase, decrease, omission or insertion of any item of the budget by the Council, the Mayor may veto, restore or otherwise change any item to the amount originally proposed by the Mayor or to any amount between that originally proposed by the Mayor and that adopted by the Council. Upon completion of these changes, the Mayor shall within the five day period return the budget to the Council with a statement of action taken.
  • Sec. 503. Council Consideration of Mayor's Veto Message; Final Adopted Budget.
Upon receipt by the Council of the budget veto message from the Mayor, the Council shall have five days within which to overcome the action of the Mayor relative to any item or items of the budget. Any item or items of the budget which shall have been vetoed, or otherwise changed by the Mayor, and which shall not be, by a unanimous of all of the members of the Council, either readopted notwithstanding the objections of the Mayor or changed to an amount between that as originally adopted by the Council and that as changed by the Mayor, shall remain as modified by the Mayor.

Upon the expiration of the Council's five day period, or sooner if the Council by majority vote so directs, the budget as returned by the Mayor, and to the extent modified thereafter by the Council, shall become the general City budget for the ensuing month and shall not be held for reconsideration but shall be promptly transmitted to the City Clerk, signed by the City Clerk and filed in the office of Finance.

CONTRACTS
  • Sec. 510. Contracts Required to be in Writing and Signed.
Every contract shall be made in writing. The draft of the contract shall be approved by the officer or employee authorized to make the contract. Every contract must be approved by the District Attorney as to form.

The contract shall be signed on behalf of the City by:
  • (1) the Mayor; or
    (2) the officer or employee authorized to enter into the contract.
  • Sec. 511. Competitive Bidding; Competitive Sealed Proposals.
(a) Competitive Bidding. Contracts shall be let to the lowest responsive and responsible bidder furnishing satisfactory security for performance. This determination may be made on the basis of the lowest ultimate cost of the items in place and use. Where the items are to constitute a part of a larger project or undertaking, consideration may be given to the effect on the aggregate ultimate cost of the project or undertaking.

(b) Competitive Sealed Proposals. As an alternative to an award pursuant to open and competitive bidding, a contract can be let pursuant to a competitive sealed proposal method. The competitive sealed bid proposal system may permit negotiations after proposals have been opened to allow clarification and changes in the proposal. Adequate precautions shall be taken to treat each proposer fairly.

(c) Right to Reject. The City shall reserve the right to reject any and all bids or proposals and to waive any informality in the bid or proposal when to do so would be to the advantage of the City. The City may also reject the bid or proposal of any bidder or proposer who has previously failed to timely and satisfactorily perform any contract with the City.
  • Sec. 512. Competitive Proposals Preferred.
Competitive proposals or bids shall be obtained as far as reasonably practicable and compatible with the City's interests. In all cases, a public record of these proposals and agreements shall be kept. The right to reject any and all proposals or bids shall be reserved in all cases.
  • Sec. 513. Long Term Contracts; Approval by Council.
No officer or employee shall make any type of contract obligating the City or any department to make or receive payments of money or other valuable consideration for a period longer than one month unless such contract shall have been first approved by the Council. If the Council does not approve the contract, the Council shall not modify the contract, but shall return it to the contracting authority for reconsideration and resubmission to Council.
  • Sec. 514. Contract or Direct Employment.
Whenever any officer or employee is given authority to construct any public work or improvement, that authority shall include the right to proceed either by contract or by the direct employment of labor and purchase of materials.
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