PART 3. OTHER OFFICERS

Part 3 added by Stats. 1949, Ch. 79.

§§ 40601–41805 · 49 sections

1. CHAPTER 1. Mayor §§ 40601–40605 · 5 sections

   • § 40601 In the absence of the mayor, the mayor pro tempore shall exercise the powers granted in this chapter.
   • § 40602 The mayor shall sign: (a) All warrants drawn on the city treasurer. (b) All written contracts and conveyances made or entered into by the city. (c) All…
   • § 40603 The mayor may administer oaths and affirmations, take affidavits, and certify them.
   • § 40604 The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged.
   • § 40605 In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division…
2. CHAPTER 2. City Clerk §§ 40801–40814 · 14 sections

   • § 40801 The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and…
   • § 40802 The city clerk is the accounting officer of the city and shall maintain records readily reflecting the financial condition of the city.
   • § 40804 The city clerk shall cause a summary of the city’s financial report required by Section 53891, in a form prescribed by the Controller, to be published once in…
   • § 40805 The report shall be published or posted consistent with the timelines established in Section 53891 after the close of the fiscal year for which the report is…
   • § 40805.5 The financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 may be transferred to a director of finance when such office…
   • § 40806 The city clerk shall keep a book marked “ordinances” and record in it all city ordinances with a certificate annexed to each, stating: (a) It is a true and…
   • § 40807 The record with the certificate is prima facie evidence of the contents of each ordinance and of its passage and publication. It is admissible as such evidence…
   • § 40808 The official city records in the custody of the city clerk shall not be filed in any court proceeding or other action but shall be returned to the custody of…
   • § 40809 This article does not prevent the proof of the passage and publication of ordinances in the usual way.
   • § 40810 The city clerk is the ex officio assessor unless the legislative body provides for the assessment and collection of city taxes by county officers or otherwise.
   • § 40811 The city clerk is the custodian of the city seal.
   • § 40812 The city clerk shall perform any additional duties as are prescribed by ordinance.
   • § 40813 The city clerk may appoint deputies, for whose acts the city clerk and the city clerk’s bondspersons are responsible. The deputies shall hold office at the…
   • § 40814 The city clerk and the city clerk’s deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs…
3. CHAPTER 3. City Treasurer §§ 41001–41007 · 7 sections

   • § 41001 The city treasurer shall receive and safely keep all money the treasurer receives.
   • § 41002 (a) The city treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his or her possession.…
   • § 41003 The city treasurer shall pay out money only on warrants signed by legally designated persons.
   • § 41004 Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund…
   • § 41005 The city treasurer shall perform such duties relative to the collection of city taxes and license fees as are prescribed by ordinance.
   • § 41006 The city treasurer may appoint deputies.
   • § 41007 The deputies shall hold office at the pleasure of the city treasurer and receive such compensation as is provided by the legislative body.
4. CHAPTER 4. City Assessor §§ 41201–41205 · 5 sections

   • § 41201 Annually between the first Monday in March and July 1st, the assessor shall make out a true list of all taxable property within the city.
   • § 41202 The mode of making out the list and proceedings relating thereto shall conform with the laws regulating county assessors except as provided by law or ordinance.
   • § 41203 The list shall: (a) Describe the property assessed. (b) Give the value of the property. (c) Contain other information required in county assessors’ lists.
   • § 41204 The assessor shall verify the list with an oath and deposit it with the city clerk on or before July 1st.
   • § 41205 The assessor and the assessor’s deputies may administer oaths and affirmations necessary in the performance of their duties.
5. CHAPTER 6. Chief of Police §§ 41601–41612 · 11 sections

   • § 41601 For the suppression of riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their…
   • § 41602 The chief of police’s lawful orders shall be promptly executed by deputies, police officers, and watchpersons in the city. Every citizen shall also lend aid…
   • § 41603 The chief of police shall execute and return all process issued and directed to the chief of police by legal authority.
   • § 41605 The chief of police has charge of the prisoners and of any city jail established by the legislative body.
   • § 41606 For service of any process the chief of police shall receive the same fees as sheriffs. Fees of the chief of police for services in criminal actions or…
   • § 41607 The chief of police shall perform any license fee and tax collection services prescribed by ordinance.
   • § 41608 The chief of police shall keep a detailed and up-to-date record of all fees for service of process or other money collected by the police department or paid to…
   • § 41609 The chief of police shall immediately deposit with the city treasurer all money collected by the police department as required by ordinance.
   • § 41610 At least once a month, the chief of police shall file with the city clerk a detailed statement of all money handled in an official capacity during the…
   • § 41611 The chief of police shall perform any other services required by general law and the city ordinances.
   • § 41612 After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor…
6. CHAPTER 7. City Attorney §§ 41801–41805 · 7 sections

   • § 41801 The city attorney shall advise the city officials in all legal matters pertaining to city business.
   • § 41802 The city attorney shall frame an ordinance or resolution required by the legislative body.
   • § 41803 The city attorney shall perform other legal services required from time to time by the legislative body.
   • § 41803.5 (a) With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any…
   • § 41803.7 Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, the city attorney shall have…
   • § 41804 The city attorney shall receive such compensation as is allowed by the legislative body.
   • § 41805 (a) A city attorney who does not, in fact, exercise prosecutorial responsibilities on behalf of the city or cities by which he or she is employed shall not be…