CHARTER ARTICLE VII. EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS

The Council shall appoint an officer known as the City Manager, who shall be the administrative head of the Municipal Government and who shall be responsible for the efficient administration of all departments. The City Manager shall receive such salary as may be fixed by the Council. The City Manager shall be chosen by the Council without regard to his or her political beliefs, and solely on the basis of executive and administrative qualifications.

Except as otherwise provided in this Charter, the City Manager shall be appointed for an indefinite period, and cannot be removed from office except by a vote of five members of the Council. The City Manager shall serve at the will of the Council, and in case of removal may demand written charges and a public hearing thereon before the Council, prior to the date upon which this final removal is to take place; but the decision and action of the Council upon such hearing shall be final, and pending such hearing the Council may suspend the City Manager from duty.

During the absence or disability of the City Manager, the Council shall designate some properly qualified person to perform his or her duties. Whenever a vacancy occurs in this office, the Council shall immediately proceed to appoint a City Manager.

The City Manager shall be responsible to the Council for the implementation of Council policy and for the efficient administration of all the affairs of the City. The City Manager shall have the following powers and duties:

(a) To see that all laws and ordinances are duly enforced, and the City Manager is hereby declared to be beneficially interested in their enforcement and to have the power to sue in the proper court to enforce them.

(b) Except as otherwise provided in this Charter, to appoint, discipline or remove all officers and employees of the City, subject to the Civil Service provisions of this Charter. The appointment of a department head by the City Manager shall become effective upon affirmative vote of five members of the Council. Neither the Council nor any of its committees or members dictate or attempt to dictate, either directly or indirectly, the appointment of any specific person to office or employment by the City Manager. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately.

(c) To exercise control over all departments, divisions and bureaus of the City Government and over all the appointive officers and employees thereof.

(d) Except when the Council is considering the City Manager's removal, to attend all regular meetings of the Council and its committees, with the right to take part in discussions, but without power to vote. The City Manager shall receive notice of all special meetings.

(e) To recommend to the Council for adoption such measures and ordinances as may be deemed necessary.

(f) To make investigations into the affairs of the City, or any department or division thereof, or any contract, or the proper performance of any obligation running to the City.

(g) To prepare and submit to the Council for its consideration the proposed annual budget.

(h) To keep the Council at all times fully advised as to the financial condition and needs of the City.

(i) To submit to the Council, at least once each month, a list of all claims and bills approved by the City Manager for payment.

(k) To perform such other duties as may be prescribed by this Charter or be required by ordinance or resolution of the Council.

The City Manager shall be charged with the general supervision of all public utility companies insofar as they are subject to municipal control; the City Manager shall keep fully informed as to their compliance in all respects with the law, and shall see that all franchises granted by the City are faithfully observed. The City Manager shall cause to be instituted such actions or proceedings as may be necessary to prosecute public utility companies for violations of law, and revoke, cancel or annul all franchises that may have been granted by the City to any person, firm or corporation, which have become forfeitable in whole or in part, or which for any reason are illegal and void and not binding upon the City. The City Attorney, on demand of the City Manager, must institute and prosecute the necessary actions to enforce the provisions of this subsection.

The Council may by ordinance prescribe a probation period for a City Manager or department head appointed after the effective date of this section. At the end of the probation period the City Manager or department head may be retained only upon affirmative vote of five members of the Council.

Five Library Trustees shall be appointed and may be removed by a vote of five members of the Council and one of such trustees must be appointed by the Council from its own members.^[1] The Board of Library Trustees shall have power to manage the library and to appoint, discipline and dismiss all officers and employees of the library.

The Council shall have power by ordinance to create and discontinue departments and by resolution establish job classifications to prescribe the duties thereof.

The Council shall fix the compensation of all officers and employees on recommendation of the City Manager, except as in this Charter otherwise provided. No officer or employee shall be allowed any fees, perquisites, emoluments, rewards or compensation, aside from the salary or compensation as fixed by the Council, but all fees received by him or her in connection with his or her official duties shall be paid into the City Treasury.

Each department and commission shall annually on such date as may be fixed by the Council, render to the City Manager and the Council a full report of all operations of such department or commission for the year.

The Council shall provide for the publication of the annual report of the City Manager.

No member of the Council shall hold any other position, office or employment, the compensation of which is paid by the City, except as otherwise provided in this Charter.

No member of the Council, during the term for which he or she has been elected or appointed, or within one year after the term's expiration, shall be appointed to the office of the City Manager or as a department head.

No member of the Council, during the term for which he or she has been elected or appointed, or within one year after the term's expiration, shall be appointed to any other position, office or employment the compensation of which is paid by the City, if such other position, office or employment was created or the compensation increased by the Council while he or she was a member.

This section shall not prevent the appointment of any member of the Council to any non-compensated position, office or employment or from being appointed to fill a vacancy in the office of Mayor.

No officer or employee shall be directly or indirectly interested in any contract, work or business of the City, or in the sale of any article, the expense, price or consideration of which is paid for from the treasury or by assessment levied by any act or ordinance; nor in the purchase or lease of any real estate or other property belonging to the City or which shall be sold for taxes or assessments or by virtue of legal process at the suit of the City. No officer shall be in the employ of any public service corporation in the City or of any person having any contract with the City or of any grantee of a franchise granted by the City.

Provided, however, the prohibitions in this Section contained shall not apply to the following:

(a) Members of advisory Boards, Commissions, or Committees of the City, who serve without salary or other compensation; provided, however members of Boards, Commissions or Committees which perform functions other than advisory functions shall not be included within this exception.

(b) Officers or employees of the State of California or of any department, division, or constitutionally created agency thereof.

The Council shall enforce the provisions of this Section by appropriate legislation.

No appointment to position under the City Government shall be made or be withheld by reasons of any religious or political opinions or affiliations or political services, or by reason of sex, race, color, national origin or ancestry, and no appointment to or selection for or removal from any office of employment, and no transfer, promotion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or services, or by sex, race, color, national origin or ancestry.

Section 37a. Residency requirement for sworn members of the fire department.

Any sworn member of the fire department who is hired subsequent to January 1, 1995, may not reside greater than a radius of forty (40) air miles from the boundaries of the City of Berkeley.

^[1]��of the Council and one of such trustees must be appointed by the Council from its own members� was inadvertently omitted from the 1994 through 2004 printings of the Charter due to a clerical error. The complete sentence was corrected in November, 2005.

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