The San Francisco Call. Newspaper, April 3, 1898, Page 39

CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. _— — propositions shall not exceed one-half the total number of votes cast thereon, | both propositions shall be deemed re~ Jected. in this section shall be so to prohibit the Supervis- | Y ponding to the aforesaid 1 of the electors requesting the‘ acquisition of any public utility by pro- ceeding at once, without the submission | of propositions to the electors as afore- £aid, to pass an ordinance declaring its | determination to acquire the same as provided in section six of this Article and frem proceeding thereafter to ace quire the same in the manner herein- | after provided. Sec. )4 In case the cost of any public utility soug *quired under the provisions of this Article, can be paid out of the ann revenues of the City and County, addition to the other necessary expenditures thereof, it shall | lawful to acquire the same by a ma- jority vote of the electors voting there- pecial election. In submit- tions to the electors for specify in such proposition the cost of the public utility, the proposed method and manner of payment therefor, and | submit to the electors the question whether the same shall be acquired such term: se, however, the cost of such utility sought to be acquired the provisions of this Article all so far exceed the annual revenues the Ci d County, in addition to other necessary expenditures there- as to render it nec to incur a icipal Bunded indebtedness for such ose, then the Superv in sub- tting propositions to the e tors for acquisitic thereof, shall specify erein the ount of the proposed ss, the rate of inter- thereon, and ether such bonded B4 wall be incurred. At ds of the electors voting election shall be neces- wded indebted einafter set forth. e electors by vote determined, as hereinbefore to acquire any public utility, 1l be equivalent to the p: > ordinance by the Super ring such determination as in section six of this Articl Supervisors shall proceed without de- lay to pe an ordinance calling a special election as required by section seven of this Article. ec. 6. When the ipervisors shall de- completion of any public . cost of which will be too out of the ordinary an- ndrevenue of theCityand Xt regular meeting of - the publication of aring said deter- bove set forth, or at an meeting thereof,.or not less weeks nor more than four > electors by vote shall 1 to acquire any public ors by ordinance recial election, at which nitted to the electors the icquiring such public a debt for the as set forth in other such utility and of the indebtedness all be submitted at such urned n- two The ordinance calling such lection shall recite the objects a of the City ue for the payment as in such or- pted by the electors), y on which such sy manner of holding the manner of voting ring such indebted- m shall be held as 53 for holding elections and County. ordinance shall be pub- aily at least ten days in the newsnaper. At the expiration | of said ten days the Supervisors shall ly for not less than two weeks in the official newspa- per_a mnotice of such special election. Such notice shall specify the purpose for which the indebtedness is to be in- curred, the number and character of the bonds to be issued, the rate of in- terest t aid, and the amount of tax levy to be made for the payment thereof. Sec. 10. No Indebtedness shall be in- curred for the acquisition of any public utility under the provisions of this A ticle, which, together with the bonded indebtedness of the Cit County, shall exceed at any one time fifteen per ce sed value reonal property in the provisions of this Article character of bo and be pa of the U'nited Stat shall be of the ds known as serials, | ble in iawful money The Supervisors a1l decide at the times of the issue > bonds in what lawful money of ates said bonds shall be less one-ferti hole amount of ir be paid each a . o > fixed by with the in- | sums u such date, so issued shall be exempt for municinal pur- s bond: all ater than one thousand dollars, and | preference in the sale and allotment thereof shall be given to subseribers for the. smallest amounts and lowest de- nominations. 1 Said bonds must be payable on the day and at the place fixed therein, and with interest at the rate specified there- in, but such interest shall not exceed four per centum per annum, payable ennually, semi-annually or quarterly, o3 the Supervisors may determine. Such bonds, when issued, may be sold | by the Supervisors from time to,time as required, and in such quantities as they may determine, but the samemust be sold for cash in lawful money of the United States as aforesaid to the high- est bidder at not less than par, after ne been advertised in the official <hall be sold under . and the Supervisors e right to reject any or all for the purchase therecf. > ceeds of such =ales shall be aced in the treasury to the credit of vroper fund and shall be applied L to the purposes and objects ntioned in the ordinance authorizing ir issue until such objects are fully hed, after which, if anv sur- ains, such surplus shall be :d to the General Fund. o Such bonds shall be signed by the Mayor and the Treasurer, and :!"»H be countersigned by the Auditor. The coupons shall be numbered con- secutively and siened by the Treasurer, and the bonds and coupons shall he ayable at the.office of the Treasurer. @13, At the time of lavying the minhicipal tax and in the manner pro- Vded for such tax levy, the Super- .ehall levy and collect annually sufficient to pay the annual in- ;{-r st on such bonds, and algo the iroper aliquot part of the aggrega .;amount of such 1ndPhtednes’;KRoqir!: curred. Such taxes shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected. Sec. 14. A neglect or refusal on the part of the Supervisors to comply with the provisions of this Article shall con- stitute cause for the removal from | shall office of any member or members of the Board guilty of such neglect or refusal. ol ARTICLE XIIL CIVIL SERVICE. SECTION 1. taking effect of this Charter the Mayor shall appoint three persons, known by him to be devoted to the principles of | Civil Service reform, who shall consti- tute the Civil Service Commission, one for one year, one for two years, and one for three years. Each year thereafter the Mayor shall in like manner ap- point one person as the successor of the Commissioner whose term of office ex- pires in that year, to serve as such Commissioner for three years. All ap- pointments shall be so made that not more than one Commissioner shall at | any time belong to the same political Each of such Commissioners recelve an annual salary of twelve hundred dollars. Sec. 2. The Commissioners shall clas party. fy all the places of employment in or under the offices and departments of the City and County mentioned in sec- .tion eleven of this Article, with refer- ence to the examinations hereinafter provided for. The places so classified by the Commissioners shall constitute the classified civil service of the City and County, and no appointment to any such place shall be made except ac- cording to the rules hereinafter men- tioned. Sec. 3. The Commissioners shall make rules to carry out the purposes of this Article, and for examinations, appointments, promotions and re- movals, and in accordance with its pro- visior 3 m time to time, make changes in the existing rules. All rules and all changes therein shall be forth- with printed for distribution by the All applicants for places in ified civil service shall be sub- jected to examination, which shall be public, competitive and free. Such ex- aminations shall be practical in their | those | character, and shall relate to matters only which will fairly test the relative capacity of the persons ex- amined to discharge the duties of the positions to which they seek to be ap- pointed, and shall include, when ap- propriate, tests of physical qualifica- tions, health, and of manual or pro- fessional skill. Sec. 5. The selection of laborers shall be governed by priority of appli- cation only. No question In any ex- amination shall relate to political or re- ligious opinions or affiliations. The Commissioners shall control all ex- aminations, and may, whenever an ex- amination is to take place, designate a suitable number of persons, either in or not in the official service of the City and County, to be examiners; and, if in the official service, it shall be a part of their official duty, without extra compensation, to conduct such e aminations as the Commissioners may direct, and to make return and report | thereof to the Commissioners. The Commissioners may substitute any other person, whether in or not in such service, in the place of any one So se- lected, or may themselves act as such examiners. Sec. 6. Notice of the time, place and general scope of every examination shall be given by the Commissioners | by publication for two weeks preceding such examination in the official news- paper, and such notice shall also be posted by the Commissioners in a con- spicuous place in their office for two weeks before such examination. Such further notice of examination shall be given as they may prescribe. Sec. 7. or from the examinations made by the Commissioners, the Com- missioners shall prepare a register for i in the "lassified service of y and inty of the persons whose general erage standing upon examination for such grade or class is not less than the minimum fixed by the rules of the Commissioners, and who are otherwise eligible. Such persons shall take rank upon the register as candidates in the order of their relative excellence, as determined by examination, without reference to priority of time of ex- amination. Sec. 8. The Commissioners shall pro- ide for promotion in the classified ser- vice on the basis of certained merit and niority in service and standing upon mination, and shall provide, in all where practicable, that vacan- cies shall be filled by promotion. All examinations for promotion shall be competitive among such members of the next lower rank established by the Commissioners for each department as desire to submit themselves to such ex- aminations. The Commissioners shall submit to the appointing power the names of not more than three appli- cants having the highest rating for each promotion. The method of exam- ining, and the rulesgoverning the same, and the method of certifying, shall be the same, as near as may be, as pro- vided for applicants for original ap- pointments. Sec. 9. or office, in which a position classified under this Article is to be filled, !h?l notify the Commissioners of that fact, and the Commissioners shall then certi- fy to the appointing officer the name and address of one or more candidates, not exceeding three, standing highest upon the register for the class or grade to which the position belongs; but la- | borers shall be taken according to their priority of application. In making such certification, sex shall be disregarded, except when some statute, the rules of the Commissioners, or the appointing power specifies sex. Sec. 10. The appointing officer shall notify the Commissioners of each posi- | tion to be filled separately, and shall fill such place by the appointment of one of the persons certified to him by the Commissioners therefor. Such ap- pointment shall be on probation for a period to be fixed by the rules of the Commissioners; but such rules shall not fix such period at exceeding six months. The Commissioners may strike off names of candidates from the regis- ter after they have remained thereon more than two years. At or before the expiration of the neriod of probation, the head 'of the department or office in which a candidate is employed, may, by and with the consent of the Com- missioners, discharge him upon assign- ing in writing his reason therefor to the Commissioners. If he is not then discharged, his appointment shall be deemed complete. To prevent the stop- page of public business, or to meet ex- | traordinary exigencies, the head of any department or office may, with the an- proval of the Commissioners, make temporary appointments, to remain force not exceeding sixty days,and only until regular appointments, under the provisions of this Article, can be made. Sec. 11. The provisions of this Article shall apply to the following offices ana departments of the City and County: the County Clerk, the Assessor, the Tax Collector, the Sheriff, the Auditor, the Recorder, the Coroner, the Clerks and Stenographers of the Justices’ and Po- | lice Courts, the Board of Public Works, the Police Department, the Fire De- partment, the Board of Election Com- missioners, the Board of Health and alr boards or departments controlling public utillties; but the following dep- utles, clerks and employees in said or- fices and departments shall be exempt- ed therefrom: the Cashier of the Coun~ ty Clerk, the Chief Deputy and the Cashier of the Assessor, the Chief Dep- uty and the Cashier of the Tax Collec~ tor, the Under Sheriff and the Chiet Bookkeeper of the Sheriff, the Deputy Auditor, the Chief Deputy of the Re- corder, the Chief Deputy Coroner, the City Engineer, the Secretary and the Architect of the Board of Public Works, the Registrar of the Board of Election Commissioners, the Chief of Police, the Chief Engineer of the Fire Department, and all physicians appointed by or on the Boavd of Health. All officers, courts, boards and heads of departments vest- ed in thia Charter with the power to appoint deputies, clerks, stenographers or employees in any of the offices or Immediately upon the | From the returns of the ex-| The head of the department | departments of the City and County mentioned in this section shall make such appointments in conformity with | the rules and provisions prescribed by this Article, and any appointment not | so made shall be void. Sec. 12. No deputy, clerk or employee in the classified civil service of the City and County, who shall have been ap- pointed under said rules, shall be re- moved or discharged except for cause, upon written charges and after an op~ ortunity to be heard in his own de- | fense. Such charges shall be investi~ gated by or before the Civil Service Commission, or by or before some offi- cer or board appointed by the Commis- sioners to conduct such investigation The finding and decision of the Com- missioners, or such investigating offices, or board, when approved by the Com- missioners, shall be certified to the ap- pointing officer or hoard, and shall b= forthwith enforced by such officer. Nothing in this Article shall limit the power of any officer or board to sus- pend a subordinate for a reasonable pe- riod, not exceeding thirty days. Sec. 13. Immediate notice in writing shall be given by the appointing power to the Commissioners of all appoint- ments, permanent or temporary, made in such classified civil service, and of all transfers, promotions, resignations, | suspensions or vacancies from any cause in such service, and of the date | thereof; and a record of the same shall be kept by the Commissioners. When | any place of employment is created or | abolished, or the compensation at-| tached thereto altered, the officer or | | board making such change shall imme- | | diately report in writing to the Com- missioners. Sec. 14. The Commissioners shall in- | vestigate the enforcement of the pro- | | visions of this Article, and of its rules.x and the action of the examiners herein | provided for, and the conduct and| laction of the appointees in the| | classified service in the City and | County, and may Inquire as to| the nature, tenure and compensation of all places in the public service there- | of. Sec. 15. The Commissioners shall, on or before the fifteenth day of January | in each year, make to the Supervisors a report showing their acts, the rules in force, the practical effects thereof, |and suggestions for the more ef- | fectual accomplishment of the purposes | of this Article. The Mayor may re- | quire a report from the Commissioners |at any time. | Sec. 16. The Commissioners shall em- | | ploy a Chief Examiner who shall, under their direction, superintend any exam- | ination held in the City and County | under this Article, and who shall per- | form such duties as the Commissioners | may prescribe. The Chief Examiner | shall be Secretary of the Commission by virtue of his office. He shall keep minutes of its proceedings, preserve all reports made to it, and keep a record of all examinations held under its direc- tion. He shall receive an annual salary of twenty-four hundred dollars. | Sec. 17. The Supervisors shall fur- | nish the Commission with suitable of- ‘fices. office furniture, books, stationery, | blanks, heat and light, and shall pro- vide for the payment of such other ex- penses as may be necessarily incurred in carrying out the provisions of this Article. i |~ Sec. 18. No person or'officer shall by | himself, or in co-operation with other | persons, defeat, deceive or obstruct any | person in respect to his or her right of examination; or falsely mark, grade, estimate or report upon the examina- tion or proper standing of any person | examined hereunder, or aid in so doing; | or make any false representations con- | cerning the same, or concerning the | person examin-d; or furnish to any | person any special or secret infor- mation for the purpose of either | improving or injuring the prospects or | chances of any person of being ap- | pointed, employed or promoted. i Sec. 19. The Commissioners shall cer- tify to the Auditor all appointments to places of employment in the classified civil service,ard all vacanciesoccurring therein, whether by dismissal, resigna- tion or death, and all findings made or approved by the Commission under the | provisions of Section twelve of this Ar- | ticle, | SeJ, 20. The Commissioners shall have | | power to institute and prosecute legal proceedings for violation of any of the | provisions of this Article. i | ARTICLE XIV. | PARK COMMISSIONERS. | SECTION 1. The lands designated | upon the map of the Outside Lands of | the City and County, made pursuant to | | Order Number One Hundred, by the word ‘“Park,” extending from Stanyan | street to the Pacific Ocean and known | as Golden Gate Park; also the land | fronting on Haight street, designated upon said map by the word “Park,” and known as “Buena Vista Park”; also the land designated upon said map | by the word “Avenue,” extending from Baker street westward until it crosses Stanyan street; also that certain high- way bounded on the west by the Pacific | Ocean, and designated upon said map as “Great Highway’; also “Mountain Lake Park”; also ‘“Seal Rocks,” as ceded to the City and County of San Francisco by Act of Congress; and all the other parks and squares in the City and County,” and all the grounds surrounding public buildings in the City and County, and all parks and squares and public pleasures grounds hereafter acquired by the City and County shall be under the exclusive control and mangement of a Board of | | Commissioners, who shall be known and designated as Park Commissioners. Sec. 2. The Commissicners shall be | successors in office of the Park Com- missioners holding office in the City and County at the time this Charter shall go into effect by virtue of ap- pointment under any statute of this State. Sec. 3. The Commissioners shall be five in number, one of whom must be an artist. They shall be appointed by the Mayor for a term of four years and ffshall receive no compensation for their services. They shall so classify them- selves by lot that one of them shall go out of office at the end of one year, one at the end of two years, one at the end of three years, and two at the end of four years. Sec. 4. The Commissioners shall or- ganize by electing one of their number President, and they may elect a Secra- tary who is not a member of the Board The Board shall establish rules and regulations for its government and for the performance of its duties, and for the conduct of its officers and em- ployees, and shall require adequate bonds from all of them, except labor- erg, for the faithful performance of their duties in such sums as may be fixed by it. Such bonds shall be ap- proved by the Mayor and filed in the office of the Auditor. The person elected President shall hold his office for one year, or until his successor is elected. The Board must hold regular meetings at least once in two weeks, and as many special meetings as it may deem proper. Three of the Commissioners shall con- stitute a quorum for the transaction of business. No contract shall be antered into authorizing the expenditure of money without the approval of four of the Commissioners. Every -ontract exceeding five hundred dollars in amount shall be open to public com- petition, unless the Board shall deter- mine in any given case to have the work done by day’s labor. All the pro- visions of the Article in this Charter on the Department of Public Works relat- ing to contracts shall be applicable to all contrac® work ordered by thz (om- missioners. Sec. 5. The Commissioners may adopt ordinances for the regulaticn, use and government of the aforesaid parke, squares, avenues and grounds not in- consistent with the laws of the State of California or with this Charter. Such ordinances shall, within five days after their passage, be published for ten days, Sundays excepted, in the official |of the City and County for s | otherwise provided by | hundred feet square, newspaper. Any person violating any of such ordinances shall be Jeemed guilty of a misdemeanor, and shall be punished therefor, on conviction, ‘n any court of competent jurlsdiction. Noneof such ordinances shall be valid unless it receives the vote of four members of the Board. No ordinance shall be passed at the same meeting at which it is introduced, or at any other than a regular meeting. Such ordinances shall take effect in not less than ten days af- ter their adoption. Sec. 6. The Commissioners shall have the complete and exclusive control, management and directionof the afore- said parks, squares, avenues and grounds, and the exclusive right to erect, and to superintend the erection of, buildings and structures thereon; and to that end may employ and ap- point superintendents, laborers, sur- veyors, engineers, and other officers and assistants, and prescribe and fix their duties, authority and compensation. They shall have the exclusive manage- ment and disbursement of all funds le~ gally appropriated or received from any source for the support of said parks, squares, avenues and grounds. The Board may accept from donors suitable articles for the Museum and Art Gallery situate in the aforesaid Golden Gate Park and shall manage and control said Museum and Art Gal- lery. Except as provided in section nine of this Chapter, nothing in this section shall be so construed as to authorize the Commissioners to lease any part ofany of said parks, squares, avenues and grounds to any person, company or cor- poration for any purpose; or to permit any person, company or corporation to uild or maintain any structure on any part of said parks, squares, avenues or grounds; but this shall not inhibit the | Board from leasing, for a period not greater than one year, such buildings | as may be constructed by itself for the use of the public to sach person, com~ pany or corporation who shall under- take to serve such uase; and in.avery such lease the Board shali reserve the right to enter at all times into and upon the premises so leased, and shall make the condition that the buflding so leased shall be used for park-pleasvre purposes only. No such building shall be constructed by the Board except it ‘e within the objects and purposas for which said parks, squares, ave wues and grounds were dedicated to the public. Nething, however, in this seation con- tained shall inhibit the Board from permitting the use of a limited portion t any one of the aforesaid parks or squares for the purpose o¢ conducting “hereon a Fair or Expositicn, under such conditions and restrictions as may be necessary to conserve the integrity d parks and squares, and for a pe. ricd not greater than six months, ana so as not to interfere wilh the use ot any of the same by the public for park- pleasure purposes; but no such permis- sion shall ever be granted cxcept sich Fair or Exposition be of National, State or Municipal .mportance. Nona of the moneys in, or apportioned to, the Park Fund shall te used for th> purpnses ¥ any such Fair cr Expos:tion. Sec. 7. The Chief of Police shall, on the request of the Commissicners, de- tzil stch memters of the Folice Force i rvice in said parks, squares, aven and groundsas may be necessaryfor theen- forcement of the law and for the proper observance of the ordinances of the Cemmissioners; and the Cc mmissioners may provide a place of det-ntion with- 1 either of sad public pla es in which the persons arrested for violating any »f ihe ordinznces of the Board may be detained tempciarily. Sec. 8. The Board may receive dona- tions from persons and corporations and legacies and bequests for the im- provement of said park, squares, ave- nues and grounds. All moneys that may be derived from such donations, legacies and bequests, shall, unless the terms of such gift, legacy, or bequest, be de- posited in the treasury of the City and County to the credit of the Park Fund. The same may be withdrawn therefrom and paid out in the same manner as is provided for the payment of moneys le- gally appropriated for the support and improvemert of such parks, squares, avenues and grounds. If the moneys derived from such gifts, bequests or legacies, shall at any time exceed in amount the sum necessary for imme- diate expenditures on said parks, squares, avenues and grounds, the Board shall invest all or a part of the same in interest bearing bonds of the Tnited States, or of the State of Cali- fornia or of any municipality thereof. Sec. 9. The Board may lease to the State of California, on such terms as it may deem proper, a plot of ground in Golden Gate Park not more than seven on which said State may erect and maintain an ex- position building, in which may be ex- hibited the products of the several counties of the State and in which the collection made by the State Mining Bureau may be maintained and ex- hibited; but said lease shall be upon the express condition that no fee shall ever be charged for admission to said build- ing. A Sec. 10. Hereafter no work of art shall become the property of the City and County by purchase, gift or other- wise, unless such work of art or design of the same, together with a statement of the proposed location of such work of art, shall first have been submitted to and approved by the Commissioners; nor shall such work of art, until so ap- proved, be erected or placed in or upon, or allowed to extend over or upon any street, avenue, square, park, muni- cipal building or other public place be- longing to the City and County. The Board may require a complete model of the proposed work of art to be sub- mitted. The term “work of art” as used in this section shall apply to and in- clude all paintings, mural decorations, stained glass, statues, bas-reliefs or other sculptures, monuments, foun- tains, arches or other structures of a permanent character, intended for ornament or commemoration. No ex- isting work of art in the possession of the City and County shall be removed, relocated or altered in any way with- out the similar approval of the Board. When so requested by the Mayor, or the Supervisors, or the Board of Public Works, or the Board of Educa- tion, the Board of Park Commissioners shall act in a similar capacity, with similar powers, in respect of the de- signs of municipal buildings, bridges, approaches, gates, fences, lamps or other structures erected or to be erect- ed upon land belonging to the City and County, and in respect of the lines, grades and plotting of public ways and grounds, and in respect of arches, bridges, structures and approaches which are the property of any corpora- tion or private individual and which shall extend over or upon any street, avenue, highway, park or public plate belonging to the City and County. This section shall not be so construed as to impair the power of the Park Commis- sibners to refuse their consent to the erection or acceptance of public monu- ments or memorials or other works of art of any sort within any park, square or public place in the City and County. Sec. 11. The Supervisors shall pro- vide all necessary money for the main- tenance, preservation and improve- ment of said parks, squares, avenues and grounds, and to that end shall an- nually levy a tax on all property in the City and County not exempt from taxa- tion, which shall not te less than five cents nor more than seven cents upon each one hundred dollars assessed valuation of said property. 5 ARTICLE XV. BONDS OF OFFICIALS. SECTION 1. Officers of the City and County, before entering upon the dis- charge “of their official duties, shall respectively give and execute to the City and County such official bonds as may be required by law, ordinance or this Charter. When the amount of any bond is not fixed by law or by this Charter, it shall be fixed by an ordi- nance of the Supervisors. All bonds, excepting those of the Mayor and Au- ditor, must be approved by the Mayor and Auditor; the bond of the Mayor must be approved by the Auditor, and the bond of the Auditor must be ap- proved by the Mayor. The approval of every official bond must be indorsed thereon, and signed by the officers ap- proving the same, after examination of the sureties, as herelnafter pro- vided. Upon the approval of a bond it must be recorded, at the expense of the party giving the bond, in the office of the Recorder, in a book kept for that purpose, entitled Record of Officlal Bonds, Phe bond of the Auditor shall be filed and kept in the office of the County Clerk. ~he bonds of all other officers shall be filed and kept in the office of the Auditor. Sec. 2. The following officers shall respectively execute official bonds to the City and County, with suretfes, in the following sums: Mayor, twenty-five thousand dollars; Auditor, fifty thousand dollars; Treas urer, one hundred thousand dollars; Tax Collector, one hundred thousand dollars; Assessor, fifty thousand dol- lars; County Clerk, fifty thousand dol- lars; Recorder, ten thousand dollars; Sheriff, fifty thousand dollars; Coroner, ten thousand dollars; City Attorne; ten thousand dollars: District Atto ney, ten thousand dollars; Public Ad- ministrator, fifty thousand dollars; Su- perintendent of Public Schools, five thousand dollars; each Commissioner of Public Works, twenty-five thousand dollars; Clerk of the Supervisors, ten thousand dollars; each Supervisor, five | theusand dollars; each School Director, five thousand dollars; each Fire Com- missioner, ten thousand dollars; each Police Commissioner, five thousand dol- lars; each Election Commissioner, ten thousand dollars; Property Clerk of Police Department, ten thousand dol- lars; the Warrant and Bond Clerk, ten thousand dollars. Sec. 3. City and County officers shall not be accepted as surety for each other on official bonds. Every bond shall contain a condition that the prin- cipal will faithfully pérform all official duties then, or that may thereafter be, imposed upon or required of him by law, ordinance, or this Charter, and that at the expiration of his term of office he will surrender to his successor all property, books, papers, and docu- ments that may come into his posses- sion as such officer. Such bond must also be executed by two or more sure- ties who shall each justify in the amount required for said bond; but when the amount of the bond is more than five thousand dollars, the sureties may become severally liable for por- | tions of not less than twenty-five hun- dred dollars. When there are more than two sureties, such sureties may Jjustify in an amount which in the ag- gregate shall equal double the amount of said bond. Sec. 4. Every surety upon an official bond, other than lawfully authorized surety companies, must make an affi- davit, which shall be endorsed upon | such bond, that he is a resident and freeholder in the City and County, and worth in property situated in the.City and County, exclusive of incumbrances thereon, double the amount of his un- dertaking over and above all sums for which he is already llable or in any manner bound, whether as principal, | indorser or surety, and whether such prior obligation or liability be condi- tional or absolute, liquidated, or un- liquidated, due or to become due. All persons offered as sureties on official bonds may be examined on oath as to their qualifications by the officers whose duty it is to approve the bond. Sec. 5. When under any of the pro- visions of this Charter, or of any ordi- nance, an official bond shall be required from an officer, the Supervisors may, by resolution, require an additional bond, whenever, in the opinion of such board, such bond or any surety thereto becomes insufficient; and such additional bond shall also be required when a surety to a bond shall die or cease to be a resident of the City and County. Sec. 6. Every officer shall be liable on his official bond for the acts and omis- sions of his deputies, assistants, clerks, and employees, appointed by him, and of any and each of them, and every of- fi‘rlal bond shall contain such a condi- tion. Sec. 7. Every board, department or | officer may require of their deputies, clerks or employees bonds of indemnity with sufficient sureties for-the faithful performance of their duties. ARTICLE XVI. MISCELLANEOTUS. SECTION 1. The words “City and County” wherever they occur in this Charter mean the City and County of San Francisco; and every department, board and officer, wherever either one of them is mentioned in this Charter, means a department, board or officer, as the case may be, of the City and | County of San Francisco. Sec. 2. All deputies, clerks, assistants and other employees of the City and | County must be citizens of the United | States, and must, during their respect- ive terms of office or employment, ac- tually reside in the City and County and must have so resided for one year next preceding their appointment. Sec. 3. No officer of the City and County, except members of the Police | Department acting under orders of the Chief thereof, shall absent himself from the State; but he may, once only during his term of office, so absent him- self for a period of not more than sixty days upon the written permission of the Mayor so to do. Violation of this section shall be sufficient cause for the removal of any officer violating the same. Sec. 4. Any person holding a salaried office under the City and County, whether by election or appointment, who shall, during his term of office, hold or retain any other salaried office under the government of the United States, or of this State, or who shall hold any other salaried office connected with the government of the City and County, or who shall become a member of the Legislature, shall be deemed to have thereby vacated the office held by him under the Cityand County. Sec. 5. No department, board or offi- cer shall, under any circumstances, em- ploy more subordinates than are spe- cifically provided for in this Charter or buy supplies beyond the sum furnished therefor by the Supervisors. Sec. 6. No Supervisor and no officer or employee of the City and County, shall be or become, directly or indirect- ly. interested in. or in the performance of, any contract, work, or business, or in the sale of any article, the expense, price or consideration of which is paya- ble from the treasury; or in the pur- chase or lease of any real estate or other property belonging to, or taken by, the City and County, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the City and County. If any person in this section designated shall, during the time for which he was elected or ap- pointed, acquire an interest in any con- tract with, or work done for, the City and County, or any department or offi- cer thereof. or in any franchise, right or privilege granted by the Citv and Coun- ty, unless the same shall be devolved upon him by law, he shall forfeit his of- fice, and be forever after debarred and disqualified from being elected, ap- pointed or employed in the service of the City and County: and all such con- tracts shall be void, and shall not be enforceable against the City and Coun- ty. Sec. 7. No officer or employee of the City and County shall give or promise to give to any other person, any por- tion of his compensation, or any money, or valuable thing, in consideration of having been, or of , nominated, appointed, voted for, or elected to, any office or employment; and if any such promise or gift be made, the person making such gift or promise shall for- feit his office and employment, and be forever debarred and disqualified from the service of the City and County. Sec. 8. Any officer of the City and County who shall, while in office, ac- cept any donation or gratuity in money, or other valuable thing, either directly or indirectly, from any subordinate or employee, or from any candidate or ap- plicant for any position as employee or subordinate under him, shall forfeit his office, and be forever debarred and disqualified from holding any position in the service of the City and County. Sec. 9. Every department, board and commission provided for in this Char- ter, except the Supervisors, shall ren- der to the Mayor within one month af- ter the end of each fiscal year a full re- port of all the operations of such de- partment or board or commission for such year. Sec. 10. An office becomes vacant when the incumbent thereof dies, re- signs, is adjudged insane, convicted of felony, or of an offense involving a vio- lation of his official duties, or is re- moved from office, or ceases to be a resident of the City and County, or neg- lects to qualify within the time pre- scribed by law, or within twenty days |after his election or appointment, or shall have been absent from the State without leave for more than sixty con- secutive days. Sec. 11. Every officer who shall ap- prove, allow or pay any demand on the treasury not authorized by law, ordi- nance or this Charter, shall be liable to the City and County individually and on his official bond for the amount of | the demand so illegally approved, al- | lowed or paid. Sec. 12. The departments, boards, commissioners and officers provided for | possession of all papers, books, docu- | ments, maps, plats, records and ar- | chives in the possession or under the | control of those respectively who are superseded in office under this Charter | by such departments, boards, commis- | sioners and officers. Sec. 13. All books and records of every office and department shall be open to the inspection of any citizen at any time during business hours. Cer- tified copies or extracts from said books and records shall be given by the offi- cer having the same in custody to any person demanding the same, and pay- ing or tendering ten cents a folio of one hundred words for such copies or ex- tracts; but the records of the Police Department shall not be subject to such inspection except permission be given by the Police Commissioners or by the Chief of Police. Sec. 14. The Treasurer shall keep his office open for business every day, ex- cept legal holidays, from nine o’clock in the forenoon until four o'clock in the afternoon. Except where other- wise provided for by law, or by this Charter, all other public offices shall be kept open for business every day, ex- cept legal holidays, from half-past | eight o’clock in the forenoon until five | o’clock in the afternoon; and, in ad- | dition thereto, from the first day of | November until the last Monday of De- | cember in each year the office of the | Tax Collector shall le kept open until | nine o’clock in the evening. | Sec. 15+ No person shall be eligible to |or hold any office, or be clerk or dep- (uty in any office or department, who | has been found guilty of malfeasance | in office, bribery or other infamous crime or who in any capacity has em- bezzled public funds. Sec. 16. The fiscal year mentioned in this Charter shall commence on the first day of July and end on the thirti- eth day of June following. Sec. 17. All moneys, assessments and taxes belonging to or collected for the use of the City and County, coming into the hands of any officer of the City and County, shall immediately be deposited | with the Treasurer for the benefit of the funds to which they respectively belong. If such officer for twenty-four hours after receiving the same shall | delay or neglect to make such deposit, he shall be deemed guilty of misconduct in office and may be removed. Sec. 18. Any elected officer, except Supervisor, may be suspended by the Mayor and removed by the Supervisors for cause; and any appointed officer may be removed by the Mayor for cause. The Mayor shall appoint some person to discharge the duties of the office during the period of such sus- pension. x Sec. 19. When the Mayor shall sus- | pend any elected officer he shall im- mediately notify the Supervisors of such suspension and the cause there- for. If the Board is not in session he shall immediately call a session of the same in such manner as shall be pro- vided by ordinance. The Mayor shall present written charges against such suspended officer to the Board and fur- nish a copy of the same to said officer, who shall have the right to appear with counsel before the Board in his defense. If by an affirmative vote of not less than fourteen members of the Board of Supervisors, taken by ayes | and noes and entered on its record, the action of the Mayor is approved, then the suspended officer shall thereby be removed from office; but if the action of the Mayor is not so approved such suspended officer shall be immediately | reinstated. Sec. 20. When the Mayor shall re- | move an appointed officer from office, he shall immediately notify the Board of Supervisors of such removal, and furnish it a statement of, the cause therefor, which statement shall be en- tered in the record of its proceedings. Sec. 21. Unless otherwise provided | by law or by this Charter, any officer, board or department authorized to ap- point any deputy, clerk, assistant or employee, shall have the right to re- move any jerson so appointed. Sec. 22. All appointments of officers, deputies and clerks to be made under any provision of this Charter must be made in writing and in duplicate, au- thenticated by the person or person, board or officer making the same. One of such duplicates must be filed with the Secretary of the Civil Service Com- mission and the other with the Auditor. Sec. 23. Wherever it is provided in this Charter that the members of any board, department or commission shall so classify themselves by lot that their terms of office shall expire at different times, such members shall, on the day of making such classification, cause the same to be entered in the records of their proceedings, and a copy thereof, certified by the Secretary thereof and signed by all of said members, shall be filed with the Clerk of the Supervisors. In every case such classification must be made at the first meeting of the Board. Sec. 24. Every officer and every mem- ber of any board or committee provided for in this Charter shall have the power to administer oaths and affirmations, and every such board, officer or com- mittee shall have power to issue subpe- nas, to compel by subpena the produc- tlon of books, papers and documents, and to takeandheartestimony concern- ing any matter or thing pending before any such board, officer or committee. If any person so subpenaed neglect or refuse to appear. or to produce any book, paper or document, as required by such subpena, or shall refuse to testify before any such board, officer or committee, or to answer any question which any officer or a majority of such board or committee shall decide to be proper or pertinent, he shall be deemed in contempt, and any such board, officer or committee shall have power to take the proceedings in that behalf provided by the general laws of this State. The Chief of Police must, on request of such officer or of any member of any such board or com- mittee, detall a Police Officer or Officers to serve such subpenas.- See. 25. All publications provided for in this Charter must be made in the official newspaper only. 2 Sec. 26. All franchises and privileges heretofore granted by the City and County which are not in actual use or enjoyment, or which the grantees thereof have not in good faith com- menced to exercise, are hereby de- clared forfeited and of no validity un- less sald grantees or their assigns shall, in this Charter shall be entitled to the | being elected, appointed or employed in. within six months after this Charter takes effect, in good faith commence the exercise and enjoyment of such privilege or franchise. Sec. 27. All ordinances or resolutions for the improvement of any street for which no contract shall have been en- tered into at the tlmir this Charter takes effect are hereby repealed. Sec. 28. All ordinances, orders and resolutions of the Supervisors of the City and County in force at the time this Charter takes effect, and not in- consistent therewith, shall continue in force until amended or repealed. Sec. 29. When the Supervisors shall determine that the public interest re- quires the construction or acquisition of any permanent municipal building or improvement, the cost of which in ad- dition to the other expenses of the City and County will exceed the income and revenue provided for the City and County for any one year, they must hv ordinancepassedly th= affirmative vote of not less than fourteen members ot the Board, submit a proposition to in- cur a bonded indebtedness for such purpose to the electors of the City and County at a special election to be held for that purpose only. All the provis- ions of this Charter providing for the acquisition of public utilities, so far as the same are applicable, shall apply to the manner of submitting such propo- sition to the electors, to the limitations of said bcnded indebtedness, to the is- suance and character of the same, and to the time when and the kind of money in which said bonded in- debtedness shall be payable. The pro- ceeds of the sales of such bonds shall be paid into the treasury to the credit of the Public Building Fund. Sec. 30. Every assistant deputy or other subordinate of any board, depart- ment or officer, shall discharge any of the duties pertaining to such depart- ment, board or office as his chief may assi, him to. Seif‘ 31. No member of the Board of Police Commissioners and no member of the Bcard of Fire Commissioners shall be eligible to any elective office while he is a member of such Board, or for one year thereafter. Sec. 32. No member of the Board of Police Commissioners and no member of the Board of Fire Commissioners, and no officer, subordinate or employee of the Police Department or of the Fire Department, shall be a member of any partisan convention the purpose of which is to nominate candidates for office; nor shall either of them directly or indirectly electioneer, by soliciting votes or otherwise, for or agalnst any candidate for office at any election, or for or against any candidate for nomi- nation before any political convention, or for or against any candidate for del- egate to such convention at any pri- mary election; nor shall either of them be a member of any committee, club, or organization the purpose of which is to nominate or endorse candidates for office at any election; nor in any way attempt to influence or control such committee, club or organization, while nominating or endorsing said candl- dates; nor take any part in the control, management or distribution of the po- litical patronage of any public officer; nor shall any member of either of said Boards, or any officer, subordinate or employee of either of said departments directly or indirectly attempt to control or in any manner influence the action of any officer, subordinate or employee of either of said departments at any general, special or primary election. And no officer, subordinate or employee of either of said departments shall levy, collect or pay any amount of money as an assessment or contri- bution for political purposes. Any person violating any of the pro- visions of this section shall be re- moved forthwith from his office or employment. If the violation be by a member of either of said Boards the Mayor must remove such member; and if by an officer, employee or subordinate of either of said departments, then the Board whose officer, employee or sub- ordinate has been guilty of such viola- tion, must remove such officer, employee or subordinate; and if such Board fail or refuse to make such removal, then the Mayor must remove all members of the Board who have so failed or re- fused. Sec. 33. No deputy, clerk or other em- ployee of the City and County shall be paid for a greater time than that covered by his actual service. Sec. 34. The salaries provided in this Charter shall be in full compensation for all services rendered, and every of- ficer shall pay all moneys coming into his hands as such_ officer, no matter from what source derived or received, into the treasury of the City and County within twenty-four hours af- ter receipt of the same. Sec. 35. When any officer, board or de- partment shall require additional depu- ties, clerks or employees, application shall be made to the Mayor therefor, and upon such application the Mayor shall make investigation as to the ne- cessity for such additional assistance; and if he find the same necessary he may recommend to the Supervisors to authorize the appointment of such ad- ditional deputies, clerks or employees; and thereupon the Supervisors, by an affirmative vote of not less than four- teen members, may authorize such ap- pointments, and provide for the com- pensation of such appointees, subject to the limitations contained in this Char- ter, and subject to the provisions of Article XIII thereof. Sec. 36. At any time between the first day of December, in the year one thousand eight hundred and ninety- nine, and the first day of January, in the year nineteen hundred, the person who, at the election held under this Charter in the month of November next preceding, has been elected the Mayor of the City and County, shall make all the appointments provided by this Charter to be made by him, and all the persons so appointed shall there- upon qualify as in this Charter pro- vided, and shall take office at the hour of noon on the first Monday after the first day of January in the year nine- teen hundred, and all boards, commis- sions and officers of the City and Coun- ty holding by appointment under ex- isting laws shall hold office no longer than said last aforesaid time. Sec. 37. The balance remaining in the School Fund at the time this Charter takes effect shall forthwith be trans- ferred to the Common School Fund cre- ated by this Charter. The balance re- maining in the Library Fund at the time this Charter takes effect shall forthwith be transferred to the Library Fund created by this Charter. The bal- ance remaining in the Park Improve- ment Fund at the time this Charter takes effect shall forthwith be trans- ferred to the Park Fund created by this Charter. The balance remaining in the Unapportioned Fee Fund at the time this Charter takes effect shall forthwith be transferred to the Unapportioned Fee Fund created by this Charter. The balance remaining in the Police Relief and Pension Fund at the time this Charter takes effect shall forthwith be transferred to the Police Relief and Pension Fund created by this Charter. The balance remaining in the Surplus Fund at the time this Charter takes ef- fect shall forthwith be transferred to the Surplus Fund created by this Char- ter. The balance rémaining in the Spe- cial Deposit Fund at the time this Charter takes effect shall forthwith be transferred to the Special Deposit Fund created by this Charter. The balance remaining in the General Fund at the time this Charter takes effect, the balance remaining in the Street Light Fund at the time this Charter takes ef- fect, the balance remaining in the Street Department Fund at the time this Charter takes effect, the balance remaining in the Police Contingent Fund at the time this Charter takes ef- fect, the balance remaining in the Pound Fee Fund at the time this Char- ter takes effect, and the balance re- maining in the Special Fee Fund at the time this Charter takes effect, shall . each and every one of them be forth- with transferred to the General Fund created by this Charter. Out of the