Executive and Administrative Departments:

Appointive officers.
    Section 75. The appointive officers of the City of Napa shall be a City Treasurer, a City Manager, a City Clerk and a City Attorney appointed by a majority vote of the City Council to hold office at the pleasure of the City Council; and a City Assessor, a City Collector, a City Auditor, a Public Works Director, a Planning Director, a Finance Director, a Police Chief, and a Fire Chief, all to be appointed by the City Manager. The Council may from time to time by ordinance, designate other appointive officers. The appointive officers over whom the City Manager holds the power of appointment with the exception of the Fire Chief and the Police Chief may be removed by the City Manager at any time. Upon their qualification and appointment, each of the hereinbefore stated officers whose positions are full-time shall become and remain a resident of the City of Napa during the time he is an officer except as herein otherwise stated. (Amended May 25, 1949; May 29, 1964; May 9, 1966.)

Appointment and removal of appointive officers.

    Section 76. All appointive officers over whom the City Council holds the power of appointment shall be appointed or removed by a majority vote of the City Council with the exception of the removal of the City Manager which removal may only be accomplished as follows:
    At a regular meeting of the City Council, it shall adopt a resolution of intention to remove said City Manager, which resolution shall be approved by a majority of the members of the City Council and shall set forth the grounds for such proposed removal. A certified copy of said resolution of intention shall then be served personally upon said City Manager who shall have the right to defend himself against said charges before said City Council at a public hearing and at a time to be fixed by it, which shall be not less than two weeks after the service of said resolution of intention upon said City Manager and not more than thirty days thereafter.
    The City Council may thereupon, or within five days thereafter, enact a resolution by an affirmative vote of a majority of the members of said City Council, either by discharging said City manager or retaining him in office, as it may by such resolution determine.
    Pending such hearing and by said resolution of intention, the City Manager may be suspended from office but shall be entitled to his salary during the time of such suspension if reinstated. (Amended May 25, 1949.)

Personnel system.
    Section 76.1. There shall be a personnel system for the full-time employees of the City of Napa which shall be as follows:
    A. Department of Personnel. There shall be a Department of Personnel which shall consist of a Civil Service Commission and Personnel Director. The Civil Service Commission shall consist of five members to be selected as follows: Two shall be appointed by the City Council. Two shall be elected by the classified employees at an election to be conducted by the City Clerk within 90 days after this section becomes effective, and thereafter, at election held under the rules of the Civil Service Commission. One shall be appointed by the other four.
    Terms of office shall be for three years except that the first Commission appointed hereunder, one of those elected by the employees and one appointed by the Council shall be assigned by lot to a two-year term, and the initial term of the fifth member shall be one year.
    Vacancies shall be filled for unexpired terms in the same manner as full-term vacancies are filled.
    A vacancy shall exist on the Civil Service Commission when the person elected or appointed thereto fails to qualify within ten days after said election or appointment; dies, resigns, ceases to be a resident of the City of Napa; absents himself continually therefrom for a period of more than 60 days without permission of the Civil Service Commission; fails to attend the meetings of the Civil Service Commission for a 60-day period or three consecutive meetings whichever period of time may be shorter without being excused therefrom by said Commission; is convicted of a felony; is judicially determined to be insane or an incompetent person; or forfeits his office under the provisions of this Charter. The Civil Service Commission shall declare when a vacancy exists hereunder. If said vacancy shall not be filled within 30 days of the date on which a vacancy is declared to exist by the Commission, the remaining members of the Civil Service Commission shall forthwith appoint a qualified person to fill such vacancy.
    The members of the Civil Service Commission shall be residents of the City of Napa for a continuous period of at least one year immediately preceding appointment to said Commission, shall be qualified electors of said City and shall serve without compensation. No person shall be eligible to be appointed to said Commission who holds any salaried public office or employment in the service of the City of Napa nor shall any member, while a member of the Commission or for a period of one year after he has ceased for any reason to be a member, be eligible for appointment to any classified position in the service of the City.
    At the first meeting of the Civil Service Commission and annually thereafter, the Commission shall elect a chairman and a vice-chairman.
    B. Duties of the Civil Service Commission. The Civil Service Commission shall determine the order of business for the conduct of its meetings and shall meet regularly if so required by the rules, or on call of the Chairman, or three members of the Commission; three members of the Commission shall constitute a quorum for the transaction of business, but at least three concurring votes shall be necessary to make any action effective.
    The functions of the Commission shall be:
    (1) To make, amend and repeal rules and regulations for the classified service which, upon the approval of the City Council, shall have the force and effect of supplementing this section and revisions and amendments thereof. All rules and regulations so made shall be consistent with the provisions of this section.
    (2) To act in an administrative capacity to the City Council on problems concerning personnel administration.
    (3) As provided by this section and by rules hereafter adopted by the Civil Service Commission, to hear appeals submitted by any person in the classified service relative to any situation connected with his employment status or condition of employment. Upon the conclusion of any such hearing the Civil Service Commission shall certify its findings to the City Council, and except for bad faith or lack of evidence, such findings shall be final. In such an event of bad faith or lack of evidence, the Council shall be the final review board to whom an employee may appeal under this section; the Council's decision shall then be final.
    (4) In any investigation or hearing conducted by the Commission, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of the City and attested by the City Clerk. It shall be the duty of the Chief of Police to cause all such subpoenas to be served and refusal of a person to attend or to testify in answer to such a subpoena shall subject said person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council. Each member of the Civil Service Commission shall have the power to administer oaths to witnesses.
    (5) To hold hearings and make recommendations to the City Council on the adoption or revision of the position classification plan. The City Council may adopt a position classification plan or plans and class specifications and revisions thereof from time to time within the scope as recommended by the Commission and allocate and reallocate positions in the classified service to classes within the scope as recommended by the Commission. The Commission shall recommend all salaries to the Council, for such action as the Council sees fit.
    C. Personnel Director. The Commission shall appoint a Personnel Director in possession of the minimum qualifications prescribed in the official class specifications other than the City Manager or his assistant from an eligible list established from a competitive examination. The competitive examination may be advertised and conducted and weights given to parts thereof, as the Commission shall determine. The salary of the Personnel Director shall be set by the City Council upon recommendation of the Commission. The Personnel Director may be removed from office by the Commission for cause, inefficiency or misconduct in the same manner and with the same safeguards as any other classified employee; provided, however, that the Personnel Director has the right to appeal to the City Council. The decision of the City Council shall be final and conclusive. The Personnel Director shall:
    (1) Be the custodian of all personnel records and shall be the official upon or with whom all notices, requests for hearings, complaints and other official documents shall be served and filed.
    (2) Attend all meetings of the Civil Service Commission.
    (3) Administer all provisions of this section and the rules established hereunder, not specifically reserved to the City Council or the Civil Service Commission.
    (4) Under the direction of the Civil Service Commission, prepare rules and amendments thereof, for the consideration of said Civil Service Commission.
    (5) Under the direction of the Civil Service Commission, prepare a position classification plan and class specifications, salary schedules and revisions thereof, for the consideration of said Civil Service Commission.
    D. Classified Service. The provisions of this section shall apply to all appointed officers and employees who are regular employees of the City of Napa, except the City Treasurer, City Clerk, City Manager and his assistant or assistants, City Attorney, City Assessor, City Collector, City Auditor, Public Works Director, Finance Director and Planning Director.
    E. Adoption of Rules. In addition to such other matters as may be necessary and proper to carry out the intent and purposes of this section, rules shall be formulated by the Civil Service Commission subject to approval by the City Council, establishing specific procedures to govern the following phases of the personnel program.
    (1) The preparation, installation, revision and maintenance of a position classification plan and salary schedules covering all positions in the classified service.
    (2) The formulation of minimum standards and qualifications for each class of position, together with the salary to be attached to each position; provided, however, that said minimum standards and qualifications shall not require that all applicants for said classified service be residents of the City.
    (3) The public announcement of vacancies and examinations and the acceptance of applications for employment.
    (4) The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment.
    (5) The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments.
    (6) The evaluation of employees.
    (7) The transfer, promotion, demotion and reinstatement of employees in the classified service.
    (8) The separation from the service of employees through lay-off, suspension, dismissal and for incapacity to perform required duties.
    (9) The standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training.
    (10) The maintenance and use of necessary records and forms.
    F. Appointments. Appointments to vacant positions under this section shall be made by the department heads, subject to the approval of the City Manager, in accordance with the rules established herein and from employment lists resulting from open competitive examination, promotional examination, transfer, demotion or reinstatement.
     (1) If appointment is to be made from employment or promotional lists, the name of the persons willing to accept such appointments shall be certified by the Personnel Director in the order in which they appear on the lists, provided that eligibles on promotional lists for any particular class shall be certified before eligibles on open lists.  Appointment shall be made from the eligibles standing highest on the employment list or lists for the class whenever a position in the classified service is to be filled.  If at least one current regular employee is on the list, the number of eligibles certified shall not exceed by more than two (2) the number of vacancies to be filled.  If no current regular employee is on the list, the number of eligibles certified shall not exceed by more than five (5) the number of vacancies to be filled.
     Notwithstanding any other provision of this section, the number of eligibles certified for appointment to Police Officer Trainee and Police Officer Entry shall be determined by the City Manager in consultation with the Police Chief and Personnel Director prior to the announcement of the examination.  Any regular city employee on the eligible list shall be included, regardless of ranking, in the number of names certified to the Department.  As provided herein, the Commission shall make, amend and repeal rules and regulations consistent with the provisions of this section, and to ensure that merit principles are not circumvented.
    (2) Each employment or promotional list shall last for at least six months from the date of its establishment but may not last for more than four years. Upon abolition of a list, each eligible person thereon shall be notified by letter addressed to his last known address.
    (3) In the absence of appropriate employment lists, a provisional appointment may be made by the appointing power of a person meeting the minimum qualifications for the position; provided, however, that an employment list shall be established for such position within 90 calendar days. No position shall be occupied under provisional appointment for a total of more than 180 calendar days. In the event of an emergency, the appointing power may appoint such persons as are required to meet the situation, but such appointment shall not exceed 15 workdays.
    (4) No credit shall be allowed in the giving of any examination or the establishment of any employment or promotional lists for service rendered under provisional appointment, and time worked under provisional appointment shall not count towards completion of a probationary period.
    (5) During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or dismissal of any employee, the vacancy created may be filled by the appointing power only by provisional appointment.
    G. Probationary Period. All original and promotional appointments shall be for a probationary period of six months which period may be extended for an additional six months except for police and fire appointments which shall be for a period of one year, during which the employee may be rejected at any time. Such rejection shall not be subject to appeal. However, the Civil Service Commission may, upon receipt of a request for review of such rejection from an employee with existing permanent status in the classified service and following review of all pertinent records, conduct a hearing consistent with other provisions of this section and its rules. The findings following such hearing shall be forwarded to the appointing authority for action as he sees fit.
    An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless charges are filed and he is discharged as provided in this section and the rules.
    H. Status of Present Employees. Any person holding a position or employment included in the classified service who, on the effective date of this section, shall have served continuously in such position, or in some other position included in the classified service for a period of at least six months, or one year for police and fire employees, immediately prior to such effective date, shall assume regular status in the classified service in the position held on such effective date without preliminary examination or working tests and shall thereafter be subject in all respects to the provisions of this section.
    I. Powers of the City Council. The City Council shall retain such power as is vested in it by law subject to the provisions of this section and the rules and regulations adopted by the Civil Service Commission and approved by the City Council. It is the intent and spirit of this section to provide a fair and just approach to municipal employment in order that City employees may be selected, appointed, transferred, promoted, demoted, reinstated or laid off on a merit basis and/or removed, dismissed, demoted, suspended, reprimanded or disciplined only upon signed written charges that are filed, heard or determined and a finding made as provided in this section, but in no sense to impair the efficiency of the public service.
    Any person in the classified service shall be subject to suspension without pay by the City Council not to exceed 30 working days with right to appeal, resulting from signed written charges referred to the City Council as provided in subsection J hereof. Further, as a means of imposing disciplinary punishment of infractions of a minor nature the City Council may direct the Civil Service Commission to prepare rules and regulations whereby the City Manager may suspend an employee under his supervision without pay for a period not to exceed five working days. An employee shall have the right to appeal under this particular subdivision of this section.
    J. Removal, Dismissal, Fine, Demotion, Suspension, Reprimand or Otherwise Penalizing an Officer or Employee. Filing and Referral of Signed Written Charges. Hearings and/or Investigations to be Conducted, Exoneration of Charges. Certify Findings. Every officer and employee in the classified service shall retain his office or employment so long as it exists under the same or a different title during good behavior and shall not be removed, dismissed, fined, demoted, reprimanded in writing, suspended, reduced in compensation as a punishment or otherwise penalized except as provided in Subsection I hereof and in this section. This section as well as Subsection I hereof is subject, however, to every provision of the Constitution of the United States and of the State of California and applicable State Statutes designating a general ground or general grounds of forfeiture of office or employment, or imposing a criminal liability.
    No person who shall have served the probationary period in a permanent office or employment as hereinabove provided for shall be removed therefrom or penalized in any manner, except upon signed written charges filed with the Personnel Director either by the head of a department of City government, or by any other person. Such written charge shall be specific as to time, place and circumstances.
    Upon receipt of a written appeal to such charges the Personnel Director shall refer the said charges to the Civil Service Commission for a hearing as provided for herein. Such accused officer or employee shall have the right to present his case orally and/or in writing, to call witnesses in his behalf, to present evidence and to be represented by counsel or other representation of his own choice.
    A copy of the charges and place of hearing shall be given the accused personally or shall be mailed to him by registered mail at his last known address by the Personnel Department not later than 20 days before any hearing. Hearings shall be commenced before the expiration of 30 days from the date such charges are referred to the Civil Service Commission by the Personnel Director.
    The provisions of Sections 54950 and 54958 inclusive of the Government Code of California, as now applicable or may hereafter be amended, shall apply to the kind of hearings to be held under this section. Such hearings as this section applies to may, however, be attended by the parties thereto and the City Council.
    If the accused officer or employee falls to appear at any hearing without showing good cause for such failure to appear, he may be reprimanded, fined, demoted, dismissed, removed, reduced in compensation or otherwise penalized without further proceedings. If he appears at the time and place set for any hearing, the Civil Service Commission shall hear the matter.
    After concluding any hearing the Civil Service Commission within ten days shall certify its findings to the City Council that the accused was exonerated, reprimanded, fined, demoted, removed, dismissed, reduced in compensation or otherwise penalized and except for bad faith or lack of evidence such findings shall be final. In such event of bad faith or lack of evidence, the City Council shall be the final review board to whom an officer or employee may appeal under this section; the City Council's decision shall then be final.
    K. Abolition of Position. Whenever, in the judgement of the City Council, it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists the Civil Service Commission shall abolish any position in the classification plan. In laying off any employee or employees through the abolition of position the Civil Service Commission shall observe the seniority rule with due regard for efficiency. Furthermore, the Civil Service Commission shall endeavor to transfer any employee or employees holding any abolished position to another suitable position in the classified service to which he is qualified. The name of such employee or employees so laid off shall be placed at the top of the appropriate employment list or lists as provided by the rules. If the abolished position is renewed within two years of its being abolished, the City Manager shall re-hire the employee or employees so laid off according to the seniority rule with due regard for efficiency.
    L. Political Activity. No person shall be appointed to, or demoted or dismissed from, any position in the classified service or in any way favored or discriminated against with respect to employment in the classified service because of his political or religious opinions or affiliations or race.
No person shall seek or attempt to use any political endorsement in connection with any appointments to a position in the classified service.
    No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person, an appointment or advantage in
pay or other advantage in employment in any such position for the purpose of influencing the role or political action of any person, or for any consideration.
    Nothing herein shall be construed to deprive any employee in the classified service of his privilege of voting and privately expressing his views as a citizen; nor shall such employees be denied the right to take part in non-partisan activities in support of or in opposition to ballot measures touching upon or concerning these employment rights, privileges or benefits.
    Nothing in this section shall be construed to prevent such officer or employee from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his vote or from seeking or accepting election or appointment to a public office, save and excepting as is otherwise specifically prohibited by law.
    Any willful violation thereof or violation through culpable negligence shall be sufficient grounds to authorize the discharge of any officer or employee.
    M. Solicitation of Contributions. No officer, agent, clerk or employee under the government of the City and no candidates for any City office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contribution, whether voluntary or involuntary, for any political purpose whatsoever, from anyone on the employment list or holding any position under the provisions of this section.
    N. Right to Contract for Special Service. The City Council may contract with some competent agency for the performance by such agency for technical service in connection with the establishment of the personnel system or with its operations, as may be necessary for:
    (1) The public advertising of all examinations.
    (2) To provide and maintain eligibility lists for the various positions in the classified service.
    (3) The holding of open, free competitive examinations and the administering of other suitable tests to fairly test the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed. (Added May 29, 1964; Amended January 27, 1965; May 9, 1966; March 14, 1973, March 2, 1999; Amended 76.1(F)1 March 4, 2003).

Consolidation of offices.

    Section 77. The City Council shall have the power of consolidating any two or more appointive offices over which it holds the power of appointment as set forth in Section 75 hereof, and the City Manager shall have the power of consolidating any two or more appointive offices over which he holds the power of appointment as set forth in Section 75 hereof, provided, further, that the City Manager in furtherance of any such consolidation may appoint to any of the offices over which he has the power of appointment a person, or persons, appointed to any office or offices over which the City Council has the power of appointment and that the City Council, in furtherance of any such consolidation, may appoint to any of the offices over which it has the power of appointment a person, or persons, appointed to an office or offices over which the City Manager has the power of appointment; provided, however, that the office of City Auditor shall not be con¬solidated with any office receiving, holding or expending City funds. (Amended May 25, 1949.)

Financial settlements.

    Section 78. Every officer collecting or receiving any money belonging to, or for the use of, the City of Napa, shall, on or before the first Monday in each month, or at more frequent intervals if directed by the City Council, settle for the same with the City Auditor, and immediately thereafter pay the same into the Treasury on the order of the City Auditor, and no warrant for said officer's salary shall be drawn by the City Auditor until such payment is made.

Compensation of officers and employees.

    Section 79. The City Council shall fix the compensation of all officers and employees, except as in this Charter otherwise provided, and no officer or employee shall be allowed any fee, prerequisite, emolument, reward or compensation aside from the salary or compensation as fixed by the City Council, and all fees received by him in connection with his official duties shall be paid by him into the City Treasury.

Resolution of Disputes Regarding Wages, Salary or Benefits Between the City of Napa and Public Safety Employees.

    Section 80.
    A. Declaration of Policy. It is hereby declared to be the policy of the City of Napa that strikes by firefighters and police officers pose an imminent threat to public health and safety and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.
    B. Prohibition Against Strikes. No City of Napa police officer or firefighter employee, employee union, association or organization shall strike or engage in such concerted economic activity against the City of Napa. Disputes regarding wages, salaries or benefits unresolved by negotiations should be resolved by the procedure set forth herein. Any such employee who fails to report for work without good and just cause or who aids, abets or encourages strikes, or other such economic activity against the City of Napa shall be subject to disciplinary action, including, but not limited to, termination from the City of Napa employment, subject to the provisions of this charter, the City's Personnel Rules and Regulations and lawful procedures.
    C. Obligation to Negotiate in Good Faith. The City of Napa, through its duly authorized representatives, shall negotiate in good faith with the recognized collective bargaining agents of city employees who are (1) peace officers as defined by California Penal Code Section 830 et seq and/or are identified as public safety members by the California Public Employees Retirement System (currently, the Napa Police Officers Association) or (2) firefighters or firefighter paramedics as defined by California Penal Code 245.1 and/or who are identified as public safety members by the California Public Employees Retirement System (currently, the Napa Firefighters Association. Said employees are referred to collectively as "Public Safety Employees"), on all matters relating to the wages, salaries, hours and other terms and conditions of employment, including the establishment of procedures for the resolution of grievances submitted by any recognized collective bargaining agents of Public Safety Employees, over the interpretation or application of any negotiated agreement, including a provision for binding arbitration of those grievances. Unless and until agreement is reached through negotiations between the City of Napa and the recognized employee organization(s) for the Public Safety Employees or a determination is made through the arbitration procedure as hereinafter provided, no existing benefit or condition of employment for the Public Safety Employees shall be eliminated or changed.
    D. Impasse Resolution Procedures. All disputes or controversies pertaining to wages, hours or terms and conditions of employment which remain unresolved after good faith negotiations between the City of Napa and any recognized employee organization for Public Safety Employees shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City of Napa or by the recognized employee organization involved in the dispute.
    Representatives designated by the City of Napa and representatives of the recognized employee organization involved in the dispute, controversy or grievance shall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City of Napa and the employee organization, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City of Napa and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Conciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City of Napa and the employee organization cannot agree within three (3) days after the receipt of such list on one of seven (7) to act as the third arbitrator, they shall alternatively strike names from the list of nominees until only one name remains and that person shall then become the third arbitrator and chairman of the Arbitration Board.
    Any arbitration convened pursuant to this section shall be conducted in conformance with, subject to and governed by Title 9 of Part 3 of the California Code of Civil Procedure.
    At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time limit as the Board may establish, a last offer of settlement on each of the issues in dispute.  The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours and other terms and conditions of public and private employment, including, but not limited to, changes in the average consumer price index for goods and services, the wages, hours and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City of Napa and its ability to meet the cost of the award.
After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten-day period the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten-day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be publicly disclosed and shall be binding upon the parties. The City of Napa and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award.
    The expenses of any arbitration convened pursuant to this section, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses.

City Manager.
    Section 85. The City Manager shall be the administrative head of the City government. He shall be chosen by the City Council without regard to political consideration and solely with reference to his executive and administrative qualifications.
    Residence shall not be a qualification for his appointment; but promptly thereafter he shall become and thereafter remain an actual resident of the City.
    The powers and duties of the City Manager shall be as follows:
    (a) To see that all ordinances are enforced.
    (b) To appoint, except as otherwise provided, all administrative officers, subordinate officers and employees and remove the same, except as otherwise provided, and have general supervision and control over the same.
    (c) To exercise general supervision over all privately owned public utilities operating within the City.
    (d) To see that the provisions of all franchises, permits and privileges granted by the City are fully     observed and to report to the City Council any violation thereof.
    (e) To act as purchasing agent for the City. When so acting he shall give preference to local     merchants, quality and price being equal.
    (f) To attend all meetings of the City Council, unless excused therefrom by the City Council or the Mayor.
    (g) To examine, or cause to be examined, without notice, the conduct of any officer or employee of     the City.
    (h) To keep the City Council advised as to the needs of the City.
    (i) To devote his entire time to the interests of the City.
    (j) To appoint such advisory officers and boards as he may deem desirable, with the growth of the     City, to advise and assist him in this work; provided such officers and boards shall not receive any     compensation.
    (k) To make such recommendations to the City Council or Board of Equalization regarding the     assessment roll as he may deem advisable.
    (l) To possess such other powers and to perform such additional duties as are or may be prescribed by this Charter or by ordinance.
    (m) From time to time, in order to facilitate the prompt, economical and efficient dispatch of City business, to assign assistants, deputies and employees from any office or department of the City government to perform such work or service in connection with any other office or department thereof, or to work in more than one said office of department.
    The City Manager and such other officers of the City as may be designated by vote of the City Council, shall be entitled to seats with the City Council but shall have no vote therein. The City Manager shall have the right to take part in the discussion of all matters coming before the City Council.
    In case of the absence or disability of the City Manager, the City Council may designate as City Manager pro tem some qualified person to perform the duties of the office temporarily. (Amended May 25, 1949.)

No interference between City Council and City Manager.
    Section 86. No member of the City Council shall in any manner, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the City Manager in the making of any appointment or the purchase of supplies, or attempt to exact any promise relative to any appointment from any candidate for City Manager, or discuss, directly or indirectly, with any such candidate, the matter of appointments to City offices or employments. Any violation of the foregoing provisions of this section shall constitute a misdemeanor and shall work a forfeiture of the office of the offending member of the City Council, who may be removed therefrom by the City Council or by any court of competent jurisdiction.
    No persons related to the City Manager by blood or by marriage shall be eligible for employment. (Amended May 25, 1949.)