Burbank Municipal Code Art. 3 Officers and Employees

The officers of the City of Burbank shall be those provided for in this Charter. The Council may provide for such additional boards, commissions, committees, officers, and employees as may be deemed necessary and prescribe their respective powers and duties. The members of the Council shall be elected from the City at large and shall hold office for four (4) years or until their successors are elected and qualified. All other officers, assistants, deputies, clerks, and employees shall be appointed as provided in this Charter, or as the Council may provide by ordinance in case no provision for their appointment is made. They shall hold their respective offices or positions at the pleasure of the appointing power, except as otherwise provided in this Charter. Where the power to appoint is vested in the Council, a three-fifths (3/5) vote of the Council Members shall be required to effect an appointment or removal. (Previous Section 4; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007; previously amended by Charter Amendment ratified by the voters on June 5, 1984, and filed with the Secretary of State on July 12, 1984; by Charter Amendment ratified by the voters on November 3, 1970, and approved by the State Legislature on January 14, 1971; by Charter Amendment ratified by the votes on February 23, 1965, and approved by the State Legislature on May 5, 1965; and by Charter Amendment ratified by the voters on April 3, 1951, and approved by the State Legislature on May 31, 1951.)

The legislative body of the 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 the City in the manner and for the term provided in this Charter. Members of the Council shall receive such compensation as may be prescribed by ordinance but not to exceed the amount which Council Members of general law cities of similar population would receive under State law, nor shall any Council Member be eligible to hold any other office or employment of the City except as may otherwise be provided in this Charter. In the event of resignation such member shall not be entitled to vote on the selection of their successor. Members of the Council shall not hold any other elective public office to which compensation is attached, and the acceptance of any such office or employment shall be deemed a resignation as Council Member. (Previous Section 5; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007; amended by Charter Amendment ratified by the voters on June 5, 1984, and filed with the Secretary of State on July 12, 1984; by Charter Amendment ratified by the voters on November 3, 1970, and approved by the State Legislature on January 14, 1971; by Charter Amendment ratified by the voters on June 3, 1958, and approved by the Legislature on January 20, 1959; and amended by Charter Amendment ratified by the voters on November 7, 1950, and approved by the State Legislature on January 12, 1951.)

The Mayor shall be the executive head of the City. In case of riot, insurrection or extraordinary emergency the Mayor, unless delegated to the City Manager by ordinance, 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 the name and on behalf of the City the Mayor shall sign all contracts, deeds, bonds and other legal instruments in which the City is a party and countersign all warrants; provided, however, that the Council may by ordinance or resolution authorize any other person to sign the same. The Mayor shall represent the City at all ceremonial functions of a social or patriotic character when it is desirable or appropriate to have the City officially represented. The Mayor shall not receive any compensation for services rendered except that received as a Council Member. (Previous Section 9; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007; amended by Charter Amendment ratified by the voters on April 10, 2001, and filed with the Secretary of State on June 11, 2001; and by Charter Amendment, ratified by the voters on June 5, 1984, and filed with the Secretary of State on July 12, 1984.)

(a) There shall be a City Manager appointed by the Council who shall be the administrative head of the City government. The City Manager shall be chosen by the Council solely on the basis of the appointee’s executive and administrative qualifications with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office.

(b) The City Manager shall be responsible to the Council for the proper administration of all affairs of the City, and to that end, subject to the civil service provisions of this Charter and all applicable laws and regulations, the City Manager shall have power and shall be required to:

1. Devote full time to the interests of the City.

2. Attend all meetings of the council unless excused by the Council or the Mayor, but shall not have a vote.

3. Appoint and, remove all officers and employees of the City except elected officers and other officers appointed by the Council, and except the employees of such elected officers and other officers appointed by the Council, provided that the City Manager may authorize the head of a department or office to appoint and remove subordinates in such department or office.

4. Prepare the budget annually and submit it to the Council and be responsible for its administration after adoption by the Council.

5. Prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year.

6. Keep the Council advised of the financial conditions and future needs of the City and make such recommendations as may seem to be desirable for the consideration and action of the Council.

7. Perform such other duties as may be prescribed by this Charter or required by the Council, consistent with this Charter.

8. Be responsible that all ordinances and laws are enforced. It shall be the responsibility and duty of each Department Manager in the City to inform and advise the City Manager of any information indicating lack of law enforcement in the City.

(c) In case of the absence of the City Manager from the City, or of any temporary disability to act as such, the Assistant City Manager or such other person designated by the City Manager shall possess the powers and discharge the duties of the City Manager during such absence or disability. If there is no Assistant City Manager, or no person designated by the City Manager to act in his or her absence or disability, the Council shall appoint a City Manager pro tem, who shall possess the powers and discharge the duties of the City Manager during such absence or disability.

(d) The members of the Council shall not, nor shall any of them, either directly or indirectly, exact from any candidate for the position of City Manager any promise or assurance, or in any way intimate or suggest to such candidate, that such candidate shall, if appointed as City Manager, appoint or employ, or that it is in any way expected the candidate will appoint or employ, any person who has been or may be discussed, mentioned, referred to, approved, or in any way suggested by any member of the Council or other person, as being fit or qualified to have or hold any position in, or do any work for, the City. Nor shall the members or any member of the Council, either directly or indirectly, by suggestion or otherwise, coerce or bring any pressure to bear upon the City Manager, either to appoint any particular person or persons or class of persons to any position that is or may be vacant, or to give employment of any kind to any such persons, or to discharge any person holding any position or doing any work under the City Manager; or to make any purchase of supplies from any particular person, firm or corporation.

The prohibition contained in this Charter shall not be construed to mean that any member of the Council, or other person, shall be prohibited from informing the City Manager as to any fact known to such person which might assist the City Manager in appointing or employing competent, fit, and proper persons, or discharging any incompetent or unfit person previously appointed or employed, or to prohibit the giving of any information which might be of benefit to the City Manager in making an advantageous purchase of materials and supplies. (Previous Sections 10 and 69; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

(a) There shall be a City Attorney appointed by the Council who shall devote full time to the duties of this office and shall not engage in the private practice of law. The City Attorney shall be an attorney-at-law, admitted to the bar of the Supreme Court of this State, and one who has been in actual practice in the State for at least five (5) years directly prior to appointment. The City Attorney shall be the legal adviser of the Council and all other City officials and shall attend all Council meetings unless excused by the Council or the Mayor. The City Attorney shall draft or review all ordinances, 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.

(b) The Council shall have the power to direct and control the prosecution and defense of all suits and proceedings to which the City is a party, or in which it is interested, and upon the recommendation of the City Attorney, may employ special counsel to assist the City Attorney therein and which the City Attorney shall direct and oversee, and shall provide for the compensation and pay of such counsel.

(c) The City Attorney shall appoint and remove all officers and employees of the City employed in the City Attorney’s office subject, when applicable, to the Civil Service system established for the City, and shall do so in keeping with the budget and personnel policies of the City. (Previous Section 11; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

There shall be a City Clerk elected every four (4) years who shall be Clerk of the Council.

It shall be a duty of the City Clerk to attend all sessions of the Council and keep a full and correct record of the proceedings thereof. The proceedings of the Council shall be kept in a book marked “Minutes of the Council.” The City Clerk shall keep a book marked “Ordinances” in which the City Clerk shall place copies of all City ordinances, certifying that each such copy is a full and correct copy of the original ordinance, and stating that the same has been published as required by law. Said record copy so certified, shall be prima facie evidence of the contents of the ordinance, and of its passage and publication and shall be admissible as such evidence in any court or proceeding. Such record shall not be filed but shall be returned to the custody of the City Clerk. The City Clerk shall also keep a book marked “Resolutions,” into which the City Clerk shall place copies of all resolutions passed by the Council. Both the books containing ordinances and resolutions shall be adequately and comprehensively indexed.

The City Clerk shall be the keeper of the corporate seal of the City, and shall affix the same to instruments or writings requiring authentication. The City Clerk shall safely keep all records, documents, ordinances, resolutions, books, and such other papers and matters as may be regularly delivered into the City Clerk’s custody or required by law or ordinance to be filed with the City Clerk. (Amended by Charter Amendment approved by the voters on June 5, 2018; previous Section 12; renumbered by Charter Amendment approved by the voters on April 10, 2007.)

There shall be a City Treasurer elected every four (4) years. It shall be the duty of the City Treasurer to receive and safely keep all monies and securities belonging to the City and coming into the City Treasurer’s hands, and pay out the same only on warrants signed by the proper officers and not otherwise. The City Treasurer shall hold office for four (4) years and until a successor is elected and qualified. (Amended by Charter Amendment approved by the voters on June 5, 2018; previous Section 13; renumbered by Charter Amendment approved by the voters on April 10, 2007.)

There shall be a Tax Collector of which office the City Treasurer shall be ex-officio incumbent, unless the Council by ordinance, should provide for the collection of taxes and licenses by some other person or political subdivision of the State of California. The Tax Collector shall perform such duties as may be prescribed by ordinance. (Previous Section 14; renumbered by Charter Amendment approved by the voters on April 10, 2007.)

There shall be a Chief of Police appointed by the City Manager. The Chief of Police shall be the head of the Police Department of the City, and shall have all the powers that now or in the future may be conferred upon sheriffs and other peace officers by the laws of the state so far as they pertain to the City. It shall be the duty of the Chief of Police to preserve the public peace, to enforce the law and to suppress riots and disturbances. All orders of the Chief of Police shall be promptly executed by the police officers, or members of volunteer law enforcement organizations of the City, and every citizen shall lend aid when requested by the Chief of Police for the arrest of offenders, the maintenance of public order or the protection of life and property.

The Chief of Police shall execute and return all process issued by legal authority. The Chief of Police shall have the duty and the authority to arrest persons violating any laws of the nation, state, county or City. The Chief of Police shall have such other powers and duties pertaining to this office as may be prescribed by the Council or rules of the Police Department. (Previous Section 17; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

There shall be a Fire Chief appointed by the City Manager. The Fire Chief shall be head of the Fire Department of the City, and shall have charge and supervision over all matters relating to the prevention and extinguishment of fires, and of all measures necessary to guard and protect all persons and property impaired thereby. During the time of a fire the Fire Chief shall always have supreme authority over the territory involved in and around such fire, and all persons in the immediate vicinity of the fire during such time, including police officers, shall be subject to the Fire Chief’s orders. (Previous Section 18; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

The Council shall, by ordinance, determine which officers and employees shall be subject to group or individual bonds to insure faithful performance of their official and ex-officio duties, shall fix the amount of such bonds and provide for the payment of premiums by the City. (Previous Section 20; renumbered by Charter Amendment approved by the voters on April 10, 2007.)

Every officer shall take the constitutional oath or affirmation of office and sign such oath or affirmation before entering upon the performance of any official duties. (Previous Section 21; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

Besides the duties specified in this Charter, all officers and boards shall perform such other appropriate duties as may be prescribed by ordinance or the general laws. (Previous Section 63; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

The Council, except as otherwise provided in this Charter, shall fix the compensation of all officers appointed by the Council.

The City Manager shall fix the compensation of all deputies, assistants and employees of all officers appointed by or under the authority of the City Manager subject to the approval of the Council.

The City Attorney and elected officials shall fix the compensation of all deputies, assistants and employees of the City employed in their offices subject to the budget and the personnel policies of the City, and subject to the approval of the Council. (Previous Section 64; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

(a) The “Public Employees’ Retirement Law” (hereafter in this section, “Retirement Law”) as now existing or as in the future may be amended, is hereby adopted for the City of Burbank.

(b) All necessary authority and power is hereby vested in the City, its Council and its officers, agents and employees to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of the Retirement Law, to enable the City to become and remain a contracting City participating in the Public Employees’ Retirement System.

(c) The contract entered into shall provide for the participation of all full time employees (except temporary and/or seasonal employees) of the City working under the personnel system and of all full time elective and appointive officers of the City, and the contract shall give full credit for prior services rendered by the employees and full time elective and appointive officers to the City of Burbank prior to the effective date of the contract and shall provide compulsory retirement as provided in the Retirement Law.

(d) The Council may terminate any contract entered into with the Board of Administration of the Public Employees’ Retirement System only under authority granted by an ordinance adopted by a majority vote of the electors of the City of Burbank. (Previous Section 59; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

The Council shall provide for the establishment of a Civil Service System in the City of Burbank based on merit and suitability. (Previous Section 37; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)