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vises all constables in the county. The County Counsel gives legal advice on request to county officers, and is the attorney for the county in civil proceedings, the District Attorney being relieved of this work. The Public Defender is charged with the duty of defending in the courts ali persons who are accused of crime and who are unable to employ private counsel. He must also protect and defend the civil rights of people who are unable to employ private counsel. The county will pay the costs of such suits as he finds it necessary to institute in their behalf.

The Courts : Superior Judges and Justices of the Peace are to be elected. The Supervisors determine the number of Justices of the Peace for each township.

The Recall: Both elective and appointive officers are subject to the Recall. The number of signatures required to begin proceedings is 15 per cent of the vote cast for Governor at the last election, if the office in question is to be filled by a rote of the entire county; or 25 per cent, if the office is to be filled by the vote of a district.

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OUTLINE OF THE CHARTER OF SAN BERNARDINO COUNTY

1913

Board of Supervisors: The Board consists of five members, elected by the county at large, one from each supervisorial district. The term of office is four years. Either two or three are elected at each regular county election. Elections are governed by general laws.

The Board is the responsible head of the county government. It appoints all other county officers, fixes such salaries as are not fixed by the charter, and may remove any officer at any time for cause. The chairman of the board is the chief executive officer of the county and is the county purchasing agent. He must give his entire time to his official duties.

Appointive Officers: The appointive officers are the usual county officers, and in addition a county Highway Commissioner, and a district Commissioner for each road district. The charter consolidates the following offices : District Attorney and Public Administrator, Sheriff and Coroner, Treasurer and Tax Collector, and Clerk and Recorder. Appointments are made for four years. The Board of Supervisors may provide for a Civil Service Board.

Township Officers: One Justice of the Peace and one Constable are to be elected in each township, each for four years. (Superior Judges are to be elected. They are regarded as state officers.)

The charter is to go into effect on the first Monday after January 1, 1915

APPENDIX E

OUTLINES OF CITY CHARTERS

Introductory : In the following outlines an attempt has been made to present the framework of the various city charters in use at the present time (1913) in California. Many details are necessarily omitted.

The percentages for beginning operations under the initiative and the referendum are based upon the number of votes cast at the last municipal election, unless otherwise stated. The smaller of the two percentages in the case of the initiative forces a vote on the proposed ordinance at the next general election; the larger forces a special election. The two percentages in the case of the referendum have the same meaning as in the case of the initiative according to some charters. According to others, the smaller percentage suspends the ordinance for sixty days and forces the council to reconsider it, while the larger forces a referendary vote at a general or special election if the council does not repeal it. According to still others the smaller percentage permits the ordinance to go into effect after thirty days, but forces a general or special election on it any time after sixty days to determine whether it is to be permitted to stand, while the larger suspends the ordinance“ until and unless ” passed at such election.

Classification of Charters: The various charters may be classified as follows: I. Special Charters: Alviso, Santa Clara, Gilroy, Marysville,

and Nevada City. 1 II. Class Charters:

1. Sixth Class : Over 150 incorporated towns and cities.

. In this classification the cities in each list are given in order according to the dates of their cuarters.

2. Fifth Class : Santa Ana, Tulare, Visalia, Woodland,

Chico, Bakersfield, Ventura, and Oroville. III. Freeholders' Charters: 1. Those which divide power about equally between the

Mayor and the Council: Eureka, San José, Los
Angeles, Santa Barbara, Fresno, Watsonville, Salinas,
San Bernardino, Santa Rosa, Santa Monica, Alameda,

Long Beach.
2. Those which give most power to the Mayor: San

Francisco, Riverside. 3. Those which give most or all power to the Council. a. Those not based on the commission plan,” the

members of the council not serving as heads of departments: Napa, Grass Valley, Palo Alto,

Richmond, Petaluma, San Rafael. b. Those based on the “commission plan,” the mem

bers of the council serving as heads of departments: Berkeley, San Diego, San Luis Obispo, Modesto, Oakland, Monterey, Santa Cruz, Pomona, Vallejo, Stockton, Sacramento, and Pasadena.1

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Officers elected at Large: Five Trustees, Treasurer, Assessor, MarshalTax-Collector. The term of office is one year.

Elections: The municipal election is held on the first Monday in May each year.

Board of Trustees : Elects a president and a clerk from their own number. Has general charge of the town government. Appoints an Attorney and other necessary officers and employees.

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1 The charters of 1911 and 1913 in this group are given in the order of their ratification by the voters in their respective cities.

2 The date of the charter. 3 The two offices of Marshal and Tax Collector are held by the same person.

Police Court: Any Justice of the Peace may try cases growing out of city ordinances.

2. Santa Clara, 1866, 1872, 18741

Officers elected at Large: Five Trustees, Marshal, Clerk-Assessor, Treasurer, and five School Trustees. The Trustees and School Trustees are elected for two years; the others, for one.

Elections : The municipal election is held the first Monday in April each year. Either two or three Trustees and School Trustees are elected each year together with the other officers.

Board of Trustees : Has general charge of the town government. Appoints an Attorney and other necessary officers and employees.

Police Court: Any Justice of the Peace may try cases growing out of city ordinances.

3. Gilroy, 1870, 1872, 1876 Officers elected at Large : Mayor, six Councilmen, Marshal-Tax-Collector, Clerk-Assessor, Treasurer. The term of office is two years.

Elections: The municipal election is held on the first Monday in May of even years.

Mayor: President of the Council. Has the veto power but no vote except in case of a tie. Enforces laws and ordinances.

Council: The legislative authority. Has general charge of the city government. Appoints an Attorney and other necessary officers and employees.

Police Court: Any Justice of the Peace may try cases growing out of city ordinances.

4. Marysville, 1876

Officers elected at Large: Mayor, Marshal-Tax-Collector, Assessor-Clerk, Treasurer.

Officers elected by Wards: One Councilman by each of the four wards. The term of office is two years.

Elections: The municipal election is held on the third Monday in March of even years.

Mayor: A member and president of the Council. Has a vote but no veto power.

Council : Has general charge of the city government. Appoints an Attorney and other necessary officers and employees.

Police Court: Consists of one judge appointed by the Council.

1 The first date is the date of the charter; the others are dates of amendments to the charter.

6. Nevada City, 1878

Officers elected at Large: Five Trustees, Assessor, Marshal-Tax-Collector, Treasurer. The Trustees are elected for two years; the others, for

one.

Elections: The municipal election is held on the first Monday in May of each year. Either two or three Trustees are elected each year together with the other officers.

Board of Trustees : Elects a president and clerk from its own number. Has general charge of the city government. Appoints an Attorney and other necessary officers and employees.

Police Court: Any Justice of the Peace may try cases growing out of city ordinances.

II. CLASS CHARTERS

1. The Sixth Class Charter — Adopted in 1883

(“ General Laws,” 1909, page 843)

Officers elected at Large: Five Trustees, Clerk-Assessor, Treasurer. The Trustees are elected for four years; the others, for two.

Elections: The municipal election is held on the second Monday in April of even years. Either two or three Trustees are elected at each election, together with other officers.

Board of Trustees : Has general charge of the city government. Elects one of its members president. Appoints a Recorder and may appoint an Attorney, En neer, Poundmaster, Superintendent of Streets, Marshal-TaxCollector, and other necessary officers and employees to hold office during the pleasure of the board.

Police Court : Called the “Recorder's Court,” consists of one judge, the " Recorder," appointed by the Trustees.

No provision is made for School Trustees. They are therefore elected according to general state law.

2. The Fifth Class Charter — Adopted in 1883

(“ General Laws,” 1909, page 822) Officers elected at Large: Five Trustees, five School Directors, five Library Trustees, a Clerk, Attorney, Assessor, Marshal, Treasurer, and Recorder. The Trustees may consolidate certain of these offices. The term of office is four years.

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