Board of

health.

SEC. 108. Said board of health, subject to the ordinances of the city, shall have supervision of all matters pertaining to the sanitary condition of the city.

SEC. 109. The council shall, by ordinance, or otherwise, provide for enforcing such orders and regulations as the board of health may from time to time adopt, and all expenses necessarily incurred by the board of health in carrying out the provisions of law and of this charter shall be provided for by the council.

SEC. 110. The board of health, within two weeks from the time of its organization, shall elect from among their number a city physician, who shall also act as health officer, and secretary of the board of health. Said city physician shall not be less than thirty years of age, a licensed physician for not less than two years, and actually engaged in the practice of his profession in said city; he shall hold his office during the pleasure of the board of health, and must see that the laws and ordinances of the city, in relation to the public health, and the regulations and orders of the board of health are properly enforced. He shall keep a full record of all the transactions of the board of health, as well as all records appertaining thereto, and, by himself, or his deputy, issue all permits for burial, or removals in any of the cemeteries, and no interments shall be made therein unless said health officer is satisfied of the correctness and reliability of the certificate of death presented for his inspection; he shall have the powers of a police officer, and shall make an extended and annual report to the board of health of the affairs pertaining to his office, including mortuary and other statistics, with such observations and other recommendations in relation to the sanitary condition of the city as he may deem proper. It shall be his duty to examine and inspect all nuisances, privies, vaults, cesspools, buildings, and low places within the city limits, with a view to the enforcement of all the laws and regulations relating to sanitary matters, and to cause the arrest of and vigorous prosecution of persons violating any of said regulations.

SEC. 111. The board of health may cause to be removed to a smallpox hospital or pest house, any persons in said city affected with the smallpox, Asiatic cholera, or yellow fever. When a case of either of these diseases exists in any house, and the person so affected is not removed to said hospital or pest house, the health officer, upon order of said board of health, shall immediately place a quarantine flag on said premises and may place a competent person in charge thereof, who shall see that the quarantine is strictly enforced so long as public safety requires.

SEC. 112. The board may proclaim such quarantines and declare such quarantine districts and grounds, and the boundaries thereof, as may in their judgment be necessary for the preservation of the public health.

SEC. 113. No person shall deposit in any cemetery the body of any human being who has died within the city, or remove the same from within the limits of the city, without having

first obtained and filed with the health officer a certificate signed Board of by a physician or coroner, setting forth as nearly as possible health. the name, age, sex, color, place of birth, occupation, date and locality, and cause of death of deceased, and obtain from the health officer a permit in writing therefor for burial or other purposes. Physicians when deaths occur in their practice must give the certificate herein mentioned, unless the physician believes the death to be a proper case for investigation by the coroner. No body of a human being who has died within the limits of the city, and no body or remains of a deceased person exhumed or taken from any grave, vault, or other place of burial or deposit within or without the city, shall be transported in or through the streets or highways of the city, unless the person or persons transporting such body or remains shall first obtain from the health officer a permit in writing therefor, which shall accompany the body or remains.

SEC. 114. In addition to the powers and duties in this article enumerated, the board shall have such other powers and perform such other duties as may be prescribed by ordinance of the council or by general law.

ARTICLE XI.

PUBLIC WORKS.

sioners of

works.

SEC. 115. If at any time the city shall become the owner of Commisany water supply or any plant or system for illumination, or shall decide to provide or construct such supply, plant or system, there shall be a department to be known as the waterworks department, or the lighting department, as the case may be, and the mayor shall appoint three citizens of the city to be commissioners of such department. They shall hold their office for the term of three years, and shall serve without compensation; provided, that in the first appointments the terms shall be for one, two, and three years, respectively, to be designated in the notice of appointment by the mayor.

SEC. 116. Such commissioners shall, in their respective departments, have the full control and management of such water supply, or such plant or system of illumination, and of the construction, extension, alteration, and repair thereof, and of the collection of revenue therefrom, under such regulations by ordinance as the council may, from time to time, enact.

SEC. 117. The council shall designate, by ordinance, the officers and employés of such department and their respective duties and compensation; but when once fixed, such compensation shall not be altered without the recommendation of the majority of the commissioners.

SEC. 118. The commissioners shall appoint all officers and employés of their department. They may remove temporary employés at will, but shall not remove appointees to permanent positions provided by ordinance, except for cause or for the improvement of the public service.

SEC. 119. No person shall be appointed to any position in any department created under this article, unless he be a man of good moral character, and of good repute for honesty and sobriety, a citizen of the United States, and a resident and elector of the city for at least two years next preceding his appointment. Nor shall any person be so appointed who has ever been convicted of a felony, or who is deficient in health, strength, and activity.

SEC. 120. The commissioners, in making appointments, shall be guided solely by the fitness of the applicants, and no person shall be appointed to or removed from any position on account of partisanship or political or religious opinions.

SEC. 121. No officer or employé in any department created under this article shall take any part whatever in any political caucus or convention, nor be a member of any political club or committee, nor take any part in any general or primary election, except to vote; and any officer or employé in such department violating any of the provisions of this section shall forfeit his position.

SEC. 122. The commissioners shall exercise general supervision over their department, and make such rules for the government and discipline of the officers and employés thereof as may be necessary to secure efficiency. All contracts for work and materials must be made by the commissioners in the manner provided in this charter for making contracts, and must be approved by the council, and all payrolls and accounts before being paid by the council shall first be passed upon by the commissioners, who shall thereupon certify them to the council for payment.

City Engineer.

SEC. 123. The city engineer shall have been a citizen of the state, and a resident and qualified elector of the city, at least two years next before his appointment.

In addition to other duties imposed upon him by this charter, or ordinances of the council, the city engineer shall:

1. Make all surveys, inspections, and estimates required by the council.

2. He shall examine all public work done under contract, and report thereon in writing to the council.

3. He shall, on application of any person owning or interested in real property in said city, for a survey or plat of such property, make and deliver the same upon the payment of his fees therefor.

4. He shall be the custodian of and responsible for all maps, plats, profiles, field notes, and other records and memoranda belonging to the city pertaining to his office and the work thereof; all of which he shall keep in proper order and condition, with a full index thereof, and all of which he shall turn over to his successor.

5. All maps, plats, profiles, field notes, estimates, and other memoranda or surveys, and other professional work, made or

done by him, or under his direction or control, during his term of office, for the city, shall be the property of the city.

Street Superintendent.

superin.

SEC. 124. As street superintendent, the city engineer shall Street have the general care of and frequently inspect the streets of tendent. the city, and shall see that all traveled streets are kept in good repair. He shall receive and investigate all complaints as to their condition, and shall have charge of the enforcement of all ordinances pertaining to street obstruction. He shall superintend all public works pertaining to street improvements, while the same are in course of construction; inspect and approve or reject all material used in such construction, whether done under contract or otherwise; and shall at once report to the council, in writing, all deviation from contracts and use of any improper material and bad workmanship in such works, and shall have power, pending investigation, to stop all work thereon. He shall perform such other duties as are herein elsewhere prescribed or imposed by ordinance.

ARTICLE XII.

EDUCATIONAL DEPARTMENT.

education,

SEC. 125. The school department of said city shall comprise Board of all the public schools of Santa Barbara school district, primary, powers and grammar and high school, and the manual training and duties. kindergarten schools, as now established, and as the same may hereafter be consolidated, enlarged or discontinued.

SEC. 126. The government of the school department of the city shall be vested in a board of education, to consist of five members, to be called school trustees, each of whom shall be a citizen of the United States over the age of thirty years and shall have been a resident of the city for the period of not less than three years prior to his election. Said trustees shall be elected at the first regular election held under this charter, and shall hold office for the term of four years, and until their successors are elected and qualified; provided, however, that said trustees so elected, after the first election after the adoption of this charter, shall so classify themselves by lot that the term of two of them shall be for two years, and of three for four years, and thereafter alternately, at the regular municipal election, there shall be elected, respectively, two and three members of said board of education.

SEC. 127. The school trustees shall meet on the first Monday in January after their election, and organize by electing one of their number president, and another secretary, whose terms of office shall be two years each. The board shall hold regular meetings at least once in each month, at such time and place as shall be determined by its rules. Special meetings of the board may be called by the president or any two members of the board by written notice served upon each member of the board, stating the purpose of such special meeting. Said notice

powers and

duties.

Board of shall be served at least one day before such meeting; provided, education, that notice by mailing to any member at least two days before the meeting shall be deemed equivalent to personal service on such member. A majority of the members shall constitute a quorum for the transaction of business, and an affirmative vote of three members shall be necessary to pass any measure. The sessions of the board shall be public, and the records open to public inspection. The board may determine the rules of its proceedings, and the ayes and noes shall be taken when demanded by any member, and entered upon the records of the board. Any vacancy occurring in the board shall be filled, until the next municipal election, by appointment by the mayor of the city.

SEC. 128. The powers and duties of the board of education are as follows:

1. To establish and maintain public schools, including kindergarten, high schools, sloyd and manual training schools; to change, consolidate and discontinue the same.

2. To manage and control the school property.

3. To employ, pay and dismiss teachers, janitors, school census marshals, and such persons as may be necessary to carry into effect the powers and duties of the board, and to fix, alter, allow and order paid their salaries or compensations, and to withhold, for good and sufficient cause, the whole or any part of the salary or wages of any person or persons employed as aforesaid; provided, that no election or employment of a teacher or other person employed by the board shall be construed as a contract as to any duration of employment beyond the time of dismissal of such teacher or other person.

4. To make, establish, and enforce all necessary rules and regulations for the government and progress of public schools, and for the investigation of charges against any person in the employ of the department, and to carry into effect the laws relating to education.

5. To establish and regulate the grade of schools and determine the course of study, the mode of instruction, and what text-books, other than those published by the state, shall be used in said schools; but any text-book adopted by the board shall not be changed within a period of four years after its adoption.

6. To provide for the school department all necessary supplies, including ink, pens, tablets, registers, blank reports, promotion cards, crayons, writing paper, rulers, pencils, diagrams, maps, globes, chemical and mechanical apparatus, and certificates of graduation, fuel and lights, and incur such other incidental expenses as may be necessary for the welfare of the depart

ment.

7. To build, alter, repair, rent, and provide school-houses, and to furnish them with proper school furniture, apparatus, and appliances, and to insure any and all school property.

8. To purchase, sell, lease, or exchange school lots; to take charge of any and all real estate and personal property as may have been, or that may be hereafter, acquired for the use and