reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 4 - Investment Bond Act of 1909 › Section 43796.

43796. This article provides an alternative system for the issuance of bonds. When proceedings are commenced under this article, its provisions govern all procedures to be taken.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 4 - Investment Bond Act of 1909 › Section 43797.

43797. This article shall be liberally construed to the end that its purposes may be made effective.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 5 - Prepayment › Section 43820.

43820. In its ordinance or resolution authorizing the issuance of bonds, a city legislative body may provide that a certain portion of such bonds, as determined and specified in the ordinance or resolution, will be paid by the city each year prior to maturity, at the option of the holders, pursuant to this article. Such advance payment of bonds shall be in addition to the payment of bonds of the same issue at maturity.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 5 - Prepayment › Section 43821.

43821. In the ordinance or resolution, the legislative body shall prescribe the method for determining the particular bonds to be paid, and the manner in which they are payable. It shall also fix the amount to be paid by the city in lieu of interest on the bonds accrued but not due at the time of the payment. This amount shall not exceed the amount of accrued interest.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 5 - Prepayment › Section 43822.

43822. If provision is made for the payment of bonds in advance of maturity, the legislative body shall levy and collect a tax which, with any other funds in the treasury set apart for the purpose, is sufficient to pay the portion of such bonds becoming payable before maturity and prior to the time for fixing the next general tax levy. The tax shall be levied and collected annually until all such bonds are paid, or there is a sufficient sum in the city treasury set apart for that purpose to meet all sums due or to become due on the principal of the bonds.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 5 - Prepayment › Section 43823.

43823. Such taxes are in addition to all other taxes levied and collected for municipal purposes and for meeting payments on the principal and interest of the bonded indebtedness as they fall due. They shall be levied and collected at the time and in the manner of other municipal taxes, and be used only for the purpose of paying bonds prior to maturity.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 5 - Prepayment › Section 43824.

43824. The amount fixed by the legislative body to be paid in lieu of interest accrued but not due shall be paid by the city out of the fund in its treasury for meeting sums coming due for interest on such bonds. At the time of payment of the bonds, this amount, and all due and unpaid interest shall be paid upon surrender of all outstanding interest coupons on the bonds.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 6 - Compromise › Section 43850.

43850. Whenever a city has an outstanding indebtedness evidenced by bonds the legislative body may submit to the electors of the city, at any election held for that purpose, a proposition:
(a) Declaring all or any of the bonds to be at once due and payable.
(b) Compromising the bonded indebtedness.
(c) Consenting to a judgment in favor of the bondholders.
(d) Providing for the payment of such judgment in installments.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 6 - Compromise › Section 43852.

43852. The notice of election shall state:
(a) The bonded indebtedness which it is proposed to declare at once due and payable.
(b) The terms of the proposed compromise.
(c) The terms of the proposed judgment by consent in favor of the bondholders.
(d) The proposed method of paying the judgment in installments.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 6 - Compromise › Section 43853.

43853. The question shall be voted upon as an entirety. If two-thirds of the electors vote in favor of it, by ordinance the legislative body shall declare the bonds described in the notice due and payable.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 6 - Compromise › Section 43854.

43854. The legislative body shall carry the compromise into effect and consent to the judgment specified in the notice of election and the proposed method of paying the judgment in installments. By resolution, it shall designate the officers and attorneys to sign the necessary documents.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 6 - Compromise › Section 43855.

43855. It shall provide for the collection of an annual tax sufficient to pay the interest on the judgment as it falls due and such portion of the principal as is designated in the notice of election.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 6 - Compromise › Section 43857.

43857. In any action brought upon any of the bonds described in the notice, the judgment of a court of competent jurisdiction is conclusive as to the regularity of all proceedings taken.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 6 - Compromise › Section 43858.

43858. In any action brought upon any of the bonds described in the notice of election, the plaintiff shall deposit in court the bonds upon which he sues.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 6 - Compromise › Section 43859.

43859. When the judgment, rendered in accordance with the terms of the proposed compromise described in the notice, becomes final, the bonds sued upon shall be delivered to the treasurer of the city against which the judgment is rendered, to be held by him and his successors until the judgment has been fully satisfied.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 6 - Compromise › Section 43860.

43860. If for any reason the judgment is reversed or set aside, or if any orders or writs under it are disobeyed by the defendant or its officers, the treasurer shall return the bonds to the plaintiff. At his option, the plaintiff may be relegated to all rights which he held and enjoyed under the bonds, crediting on such rights all amounts received on the judgment. The court in which the judgment is rendered shall enforce the duty imposed upon the treasurer.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 7 - Registration › Section 43880.

43880. Upon presentation by the owner to the city treasurer of any coupon bond or bond payable to bearer issued by any city, with a request for the conversion of the bond into a registered bond, the treasurer shall cut off and cancel the coupons of the coupon bond and stamp, print, or write upon the back or face of the coupon bond or bond payable to bearer a statement to the effect that the bond is registered in the name of the owner.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 7 - Registration › Section 43881.

43881. The bond may thereafter be transferred by the registered owner in person or by attorney duly authorized on presentation to the treasurer, and again registered, a similar statement being stamped, printed, or written upon it.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 7 - Registration › Section 43882.

43882. The statement stamped, printed, or written upon the bond may be in substantially the following form:
(Date, giving month, year, and day.)
This bond is registered pursuant to the statute in such cases made and provided in the name of ______ (here insert name of owner) and the interest and principal thereof are hereafter payable to such owner.
Treasurer (or such other officer)
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 7 - Registration › Section 43885.

43885. Notwithstanding any provision of law to the contrary, bonds, issued pursuant to statute or city charter, may be in the form of coupon bonds or registered bonds, or some in the form of coupon bonds and some in the form of registered bonds, as provided in the proceedings for their issuance.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 8 - Destruction of Unsold Bonds › Section 43900.

43900. The legislative body of any city may destroy any bonds remaining in the possession of the city if:
(a) The bonds were voted to be issued for municipal purposes.
(b) The bonds have been executed but not sold and disposed of.
(c) The sale and disposal of the bonds is deemed by the legislative body to have become inexpedient, and their destruction desirable.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 8 - Destruction of Unsold Bonds › Section 43901.

43901. The legislative body shall give notice of its intention to destroy the bonds by publication of a notice for four successive weeks in the official newspaper of the city, if there is one, or if there is none, in any newspaper designated by the legislative body published and circulated in the city.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 8 - Destruction of Unsold Bonds › Section 43902.

43902. The notice shall state:
(a) The time and place of the destruction.
(b) The reason for the destruction.
(c) A general description of the character and amount of the bonds.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 8 - Destruction of Unsold Bonds › Section 43903.

43903. At the time and place stated in the notice, the legislative body shall publicly destroy the bonds unless at least three days before the designated time, written objections to the destruction are filed with the city clerk, signed by a majority of the city voters as shown by the vote cast at the last preceding general municipal election.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 4 - FINANCIAL PROVISIONS › CHAPTER 4 - Bonds › ARTICLE 8 - Destruction of Unsold Bonds › Section 43904.

43904. No other issue of bonds in place of those destroyed shall be made by the city, unless again authorized by a vote of the people.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45000.

45000. It is the intent of this chapter to enable the legislative body of any city to adopt such a personnel system, merit system, or civil service system as is adaptable to the size and type of the city. The system may consist of the mere establishment of minimum standards of employment and qualifications for the various classes of employment, or of a comprehensive civil service system, as the legislative body determines for the best interests of the public service.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45001.

45001. By ordinance, the legislative body of any city may establish a personnel system, merit system, or civil service system for the selection, employment, classification, advancement, suspension, discharge, and retirement of appointive officers and employees.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45002.

45002. The system may include the librarian, secretary, and other officers and employees, except members of the board of trustees, of the public library established pursuant to Chapter 5 (commencing with Section 18900) of Part 11 of the Education Code.
(Amended by Stats. 2006, Ch. 538, Sec. 310. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45003.

45003. The inclusion of any class of officers and employees made prior to September 19, 1947, is operative from the inception of the system.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45004.

45004. The legislative body may provide for the appointment of a civil service commission or personnel officer, to which it may delegate such powers and duties in relation to the system as it deems advisable.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45004.1.

45004.1. (a) Where a hearing is held before a civil service commission or personnel officer pursuant to Section 45004 and where the commission or officer permits an audio or stenographic recording of the hearing, a copy of the recording shall be provided, upon request, to the employee bringing the appeal before the commission or officer.
(b) If a city or its civil service commission or officer orders or makes a transcript of the recording pursuant to subdivision (a), the city shall also do both of the following:
(1) Notify the employee bringing the appeal of the transcription and of the employee’s right to obtain a copy of the transcript. The city shall notify the employee within three days of ordering or making the transcript.
(2) Provide a copy of the transcript promptly to the employee at the employee’s request.
(c) Notwithstanding any other provision of law, the city may charge fees covering direct duplication costs for recordings or transcripts provided pursuant to this section.
(Added by Stats. 2002, Ch. 732, Sec. 1. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45005.

45005. The ordinance shall designate the departments, and the appointive officers and employees who shall be included in the merit system or civil service system.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45007.

45007. After inclusion in the system, any departments or appointive officers or employees shall not be withdrawn, either by an outright repeal of the civil service ordinance or otherwise, unless the withdrawal has been submitted to the city electors at a special or regular municipal election and approved by two-thirds of those voting on the proposition, except that regular full-time city department heads, may be withdrawn by a majority vote of the city council.
(Amended by Stats. 1970, Ch. 263.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45008.

45008. The legislative body may contract with the legislative body of any city or county in the State, any state department, or any private person, corporation, association or partnership, for:
(a) The conducting of competitive examinations to ascertain the fitness of applicants for positions and employment in the city service.
(b) The performance of any other service in connection with personnel selection and administration.
(Amended by Stats. 1951, Ch. 691.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 1 - The System › Section 45010.

45010. The ordinance shall provide that any period of time during which an employee is required to be absent from his position by reason of an injury or disease for which he is entitled to receive compensation under the provisions of Division 4 (commencing with Section 3201) of the Labor Code is not a break in his continuous service for the purpose of his right to salary adjustments, sick leave, vacation, or seniority.
(Added by Stats. 1967, Ch. 774.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 3 - Age Limits › Section 45050.

45050. The ordinance establishing the system shall provide that minimum or maximum age limits for any civil service examination shall not be established and that age shall not be a minimum qualification for any city employment in the classified service.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 3 - Age Limits › Section 45051.

45051. The ordinance shall provide that any person possessing all the minimum qualifications for the position is eligible to take any civil service examination, regardless of age, and that the commission, the personnel officer, or any appointing power shall not adopt any rule prohibiting the employment of any person, otherwise qualified, in any city employment solely because of age.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 3 - Age Limits › Section 45052.

45052. This article does not require nor authorize any city to employ any person in a particular city employment if he has attained the retirement age for that particular employment prescribed by any city employees’ retirement system.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 3 - Age Limits › Section 45053.

45053. A person shall not be employed in city employment while he is receiving a retirement allowance under a city employees’ retirement system of such city by reason of prior service with such city.
(Amended by Stats. 1953, Ch. 504.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 3 - Age Limits › Section 45054.

45054. This article does not prevent the legislative body from fixing minimum or maximum age limits for the employment of policemen or firemen.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 4 - Emergency Appointments › Section 45080.

45080. During any war emergency, the legislative body, by a four-fifths vote, may provide for the emergency employment of any person to fill any office or position in the city. The legislative body first shall find that national mobilization of trained manpower makes it impracticable for the city to recruit personnel pursuant to normal standards established for such office or position. Such person shall not be subject to the requirements, regulations, and qualifications of the personnel, merit, or civil service system adopted by the city.
(Amended by Stats. 1951, Ch. 691.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 4 - Emergency Appointments › Section 45082.

45082. The legislative body may provide that an emergency appointee selected from an eligible list who is otherwise eligible for permanent appointment may acquire such rights as are expressly provided for under regulations which it may adopt.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 4 - Emergency Appointments › Section 45083.

45083. As used in this chapter the word “war” shall mean:
(a) Whenever Congress has declared war and for one year after the termination of hostilities therein as proclaimed by the President of the United States;
(b) Whenever the President of the United States has proclaimed the existence of a national emergency.
(Added by Stats. 1951, Ch. 691.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 5 - Reduction in Personnel › Section 45100.

45100. If the legislative body determines that a reduction in personnel is necessary for economy reasons, it shall observe the seniority rule in putting the reduction into effect.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 6 - Prohibitions and Offenses › Section 45200.

45200. It is unlawful for any person:
(a) Wilfully by himself or in cooperation with another person to defeat, deceive, or obstruct any person with respect to his right of examination, application, or certification for employment under the personnel system, merit system, or civil service system of any city.
(b) Wilfully and falsely to mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified under the personnel system, merit system, or civil service system of any city, or to aid in so doing, or make any false representation concerning the same or the person examined.
(c) Wilfully to furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person examined, certified or to be examined or certified under the personnel system, merit system, or civil service system of any city.
(Added by Stats. 1951, Ch. 597.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 6 - Prohibitions and Offenses › Section 45201.

45201. It is unlawful for any person:
(a) To impersonate another person or to permit or aid in any manner any other person to impersonate him in connection with any examination, application, or request to be examined under the personnel system, merit system, or civil service system of any city.
(b) To furnish or obtain examination questions or other examination material prepared and intended for use in any examination under the personnel system, merit system, or civil service system of any city before such examination.
(c) To use any unfair means to cause or attempt to cause any eligible to waive any rights obtained under the personnel system, merit system, or civil service system of any city.
(Added by Stats. 1951, Ch. 597.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 1 - Civil Service › ARTICLE 6 - Prohibitions and Offenses › Section 45203.

45203. Any city employee, or person whose name appears on any city employment list who uses during duty hours, for training or target practice, any material which is not authorized therefor by the appointing power, shall be disciplined pursuant to the city personnel, merit or civil service system.
(Added by Stats. 1980, Ch. 718.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45300.

45300. It is the intent of this article to enable any city to adopt such a retirement system as is adaptable to its size and type.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45301.

45301. By ordinance, any city may establish a retirement system for its officers and employees and provide for the payment of retirement allowances, pensions, disability payments, and death benefits, or any of them.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45301.5.

45301.5. Notwithstanding any provision of this chapter to the contrary, separate rates of contribution for male and female employees shall not be maintained or established, nor shall different allowances or benefits be established for male and female employees.
(Added by Stats. 1976, Ch. 1436.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45302.

45302. Before the ordinance establishing a retirement system is adopted, the city legislative body shall adopt a resolution giving notice of intention to adopt the ordinance. The resolution shall contain a summary of the major provisions of the proposed retirement system.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45303.

45303. The ordinance shall not be adopted unless an election is first held to permit the employees proposed to be included in the system to express by secret ballot their approval or disapproval of the retirement proposal.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45305.

45305. The election shall be conducted in a manner to be prescribed by the legislative body, and permit firemen, policemen, and other city employees included in the system, as separate groups, to express their approval or disapproval. The ordinance shall not include in the system any group a majority of whose members disapproves the system. Membership in the system is compulsory for all members of each group approving the system.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45306.

45306. The ordinance establishing a retirement system may be adopted either by a majority vote of the electorate of the city or by approval of a two-thirds majority of the legislative body of the city. The ordinance shall not be repealed except by a vote of the electorate.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45307.

45307. The ordinance shall provide for the appointment of a retirement board and for the delegation to the board of such powers and duties in relation to the system as are deemed advisable to carry out the intent and purpose of this article.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45308.

45308. The legislative body may maintain its own pension and retirement fund or may contract with the legislative body of any city or county in the State, or any state department, for:
(a) The performance of any service in connection with the establishment or administration of the retirement system.
(b) The investment, care, or administration of retirement funds.
(c) Any other service relating to the system or its funds.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45308.1.

45308.1. All funds received by city retirement systems and not required for current disbursements shall be invested only in:
(a) Securities which are legal for savings bank investments in this state, or which have been certified as legal investments for savings banks pursuant to Division 10 (commencing at Section 20000) of the Water Code.
(b) Securities which, pursuant to the statutes or laws providing for the issuance of such securities, are entitled to the same force or value or use as bonds issued by any municipality.
(c) Securities issued pursuant to those acts, statutes or laws of this state, wherein such law specifically states by reference or otherwise that such securities shall be legal investments for either savings banks, insurance companies, all trust funds, state school funds, and any funds which may be invested in bonds of cities, counties, cities and counties, school districts, or municipalities in the state.
(d) Securities which have been investigated and approved by a commission or board now or hereafter authorized by law to conduct such investigation and give such approval, and by authority of which such securities are declared to be legal investments for insurers.
(e) Securities issued pursuant to those acts, statutes or laws of this state, wherein such law specifically states by reference or otherwise that such securities shall be legal investments for any pension fund, retirement fund, or retirement plan.
(f) Deposits at interest in any state or national bank in accordance with law authorizing and controlling the deposit of public funds in banks.
(g) Certificates and shares of a savings and loan association or a federal savings and loan association, if the certificates or shares are insured as defined in Title IV of the National Housing Act.
(h) Registered warrants of any political subdivision of this state.
(i) A contract with an insurance company to whom the insurance commissioner has issued a certificate of authority entitling it to transact life and disability insurance, which contract may be for a deposit administration or immediate participation guarantee type of group annuity for members of the retirement system whereby contributions paid to the insurance company will be held and used to pay benefits.
(Amended by Stats. 1970, Ch. 1094.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45308.2.

45308.2. Notwithstanding Section 45308.1 funds received by city retirement systems and not required for current disbursements may be invested in real property or improvements constructed or to be constructed on real property, when such real property or such improvements are acquired for sale or lease to a city, county, school district, political subdivision, or political corporation of this State, subject to the following limitations:
(1) No investment shall be made in such real property or improvements unless it is approved by a four-fifths vote of the members of the body authorized by ordinance to invest the retirement funds.
(2) No such investment shall be made unless the assets of the retirement system exceed five hundred thousand dollars ($500,000), and the investment, together with other investments in real property and improvements, do not exceed twenty-five percent (25%) of the assets of the retirement system.
(3) Before an investment is made in such real property or improvements, the investing authority shall enter into a lease or lease-option agreement with the public agency hereinbefore mentioned, under which said public agency agrees to rent the property at a monthly rental and for a period not to exceed 50 years, sufficient to return not less than the investment, together with interest at a rate hereinafter prescribed. The agreement may contain an option or options to purchase; provided, such option, together with the rentals, will return not less than the investment, together with interest at a rate hereinafter prescribed. In the event a building is built on land owned by the public agency, the agreement may contain an option to purchase the land at any time or at the termination of the lease at its fair market value.
(4) The interest rate each year shall be one-fourth percent (
1
/
4
%) higher than the average interest rate received by the retirement system on assets other than real property or improvements for the preceding year.
(5) In order to make the provisions of this section relating to the investment in real property or improvements completely effective, the investing authority is authorized, for investment purposes only, to purchase, sell, or lease real property, or to enter into options therefor; and when necessary for investment purposes to enter into contracts for the construction of buildings, and to repair and maintain such property, and do any and all things necessary to protect the investment including, but not limited to, purchasing insurance against the loss of the property or the loss of use and occupancy of the property. It may also take any other action necessary to carry out the investment provisions of this section. In the construction of buildings the investing authority shall follow, substantially and insofar as applicable, the procedure and limitations prescribed by law for the construction of buildings by the city in which the retirement system is established.
(Added by Stats. 1959, Ch. 168.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45308.3.

45308.3. Notwithstanding Section 45308.1, funds received by city retirement systems and not required for current disbursements may be invested in bonds issued pursuant to the Improvement Bond Act of 1915; provided, that an ad valorem tax on all property taxable by the public agency which authorized the issuance of such bonds, at a rate not exceeding ten cents ($0.10) for each one hundred dollars ($100) of assessed value, computed as of the date of such investment, would produce an amount equal to at least 100 percent of the principal and interest payable in any year thereafter on the issue of bonds in which such investment is made.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45308.4.

45308.4. Notwithstanding Section 45308.1, funds received by city retirement systems and not required for current disbursements may be invested in any of the following:
(a) First liens on real property if the loan is fully guaranteed or insured or covered by a commitment to guarantee or insure by the Federal Housing Commissioner.
(b) First liens on real property if the loan is fully guaranteed by the United States or any agency thereof pursuant to the “Servicemen’s Readjustment Act of 1944” or any act of Congress supplementary or amendatory thereof.
(Added by Stats. 1967, Ch. 1359.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45308.5.

45308.5. Notwithstanding Section 45308.1, in addition to any other investments as are authorized by this article, city retirement systems may in their discretion under the advice of proper counsel invest the assets of the retirement fund in an amount, determined on the basis of cost, not to exceed 10 percent of the assets in the first two years after the effective date of this section, not to exceed 15 percent during the third year after the effective date of this section, and not to exceed 25 percent thereafter, in common stock or shares, and not to exceed 2 percent of the assets in the first year after the effective date of this section, not to exceed 3 percent during the second year after the effective date of this section, and not to exceed 5 percent thereafter, in preferred stock or shares, of corporations created or existing under the laws of the United States, or any state, district, or territory thereof; provided that
(a) The stock is registered on a national securities exchange, as provided in the “Securities Exchange Act of 1934” as amended, or is listed on the National Market System of the NASDAQ Stock Market. The registration shall not be required with respect to the following stocks:
(1) The common stock of a bank which is a member of the Federal Deposit Insurance Corporation and has capital funds, represented by capital, surplus, and undivided profits, of at least fifty million dollars ($50,000,000);
(2) The common stock of an insurance company which has capital funds, represented by capital, special surplus funds, and unassigned surplus, of at least fifty million dollars ($50,000,000);
(3) Any preferred stock.
(b) The corporation has total assets of at least one hundred million dollars ($100,000,000);
(c) Bonds of that corporation, if any are outstanding, qualify for investment of the retirement fund, and that there are no arrears of dividend payments on its preferred stock;
(d) The corporation has paid a cash dividend on its common stock in at least 8 of the 10 years next preceding the date of investment, and the aggregate net earnings available for dividends on the common stock of the corporation for the whole of that period have been equal to the amount of the dividends paid, and the corporation has paid an earned cash dividend in each of the last three years;
(e) The investment in any one company may not exceed 5 percent of the common shares outstanding; and
(f) No single common stock investment, based on cost, may exceed 2 percent of the assets of the fund.
(Amended by Stats. 1999, Ch. 470, Sec. 3. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45308.55.

45308.55. Notwithstanding Section 45308.1 the board may also invest in any stocks or shares of a diversified management investment company registered under the “Investment Company Act of 1940” which has total assets of at least fifty million dollars ($50,000,000); except that the total investment in such stocks and shares, together with stocks and shares of all other corporations, may not exceed 25 percent of the assets of such fund determined on the basis of the cost of the stocks or shares.
(Added by Stats. 1968, Ch. 471.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45308.6.

45308.6. For purposes of Section 45308.5, city retirement systems shall employ investment counsel or trust companies or trust departments of banks to render service in connection with the city retirement system’s investment program.
(Added by Stats. 1967, Ch. 1359.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45308.7.

45308.7. The city retirement board, if there is one, or the city treasurer with the approval of the city council, may enter into security loan agreements with broker-dealers and with California or national banks for the purpose of prudently supplementing the income normally received from investments.
(b) “Security loan agreement” means a written contract whereby a legal owner, the lender, agrees to lend specific marketable corporate or government securities for a period not to exceed one year. The lender retains the right to collect from the borrower all dividends, interest, premiums, rights, and any other distributions to which the lender would otherwise have been entitled. The lender waives the right to vote the securities during the term of the loan. The lender may terminate the contract upon not more than five business days’ notice as agreed, and the borrower may terminate the contract upon not less than two business days’ notice as agreed. The borrower shall provide collateral to the lender in the form of cash or bonds or other interest-bearing notes and obligations of the United States or federal instrumentalities eligible for investment by a lending retirement fund.
Such collateral shall be in an amount equal to at least 102 percent of the market value of the loaned securities as agreed. The lender shall monitor the market value of the loaned securities daily. The loan agreement shall provide for payment of additional collateral on a daily basis, or at such times as the value of the loaned securities increases, to agreed-upon ratios. In no event, shall the amount of the collateral be less than the market value of the loaned securities.
(c) “Marketable securities” means securities that are freely traded on recognized exchanges or marketplaces.
(d) Each board or city treasurer entering into security loan agreements shall do all of the following:
(1) Maintain detailed records of all security loans.
(2) Develop controls and reports to monitor the conduct of the transactions.
(3) Publicize the net results of the security loan transaction separate from the results of other investment activities.
(Added by Stats. 1982, Ch. 508, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45309.

45309. Among other matters, the ordinance establishing the system shall provide for:
(a) The amount of benefits to be paid to any officers or employees, or their beneficiaries, and the terms and conditions upon which the benefits will be paid.
(b) The contribution to be paid by the officers or employees to the pension and retirement fund.
(c) The contribution to be paid by the city to the pension and retirement fund, which, exclusive of contributions paid on account of service rendered prior to the effective date of the ordinance, shall not exceed the total contribution paid to the pension and retirement fund by the officers and employees.
(d) The personnel of the retirement board, which shall consist of not less than five members, at least two of whom shall be elected by the officers and employees who are included in the retirement system.
(e) The adoption of regulations for the administration of the system by the retirement board.
(f) The refunding to any officer or employee who withdraws from the system, prior to retirement, of the amount of his or her contribution and the interest credited to his or her contribution upon the officer’s or employee’s request following withdrawal from the system.
(Amended by Stats. 2002, Ch. 883, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45309.5.

45309.5. A member of a pension or retirement system established pursuant to this chapter shall not receive credit for service or contributions for credit for service in violation of the prohibitions provided in Section 34095 or Section 50033.
(Added by Stats. 2006, Ch. 355, Sec. 6. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45310.

45310. The ordinance may provide that:
(a) The amount of the retirement, compensation, or pension may be predicated, in part, upon services rendered the city by an officer or employee prior to the establishment of the system.
(b) The contribution of officers and employees included in the system may be collected by deducting the amounts of such contributions from the salary or wages due the officers and employees.
(Added by Stats. 1949, Ch. 79.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45310.3.

45310.3. Notwithstanding any other provision of law, a person ceases to be a member for any portion of his or her service as an elected public officer that is forfeited pursuant to Section 1243.
(Added by Stats. 2005, Ch. 322, Sec. 4. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 4 - GOVERNMENT OF CITIES › DIVISION 5 - EMPLOYEES › CHAPTER 2 - Retirement › ARTICLE 1 - General › Section 45310.5.

45310.5. The ordinance may provide for a modification of rights and benefits of a member because of membership in a reciprocal system similar to and under the same conditions as those provided under the County Employees’ Retirement Law of 1937 and the Public Employees’ Retirement Law because of membership in two or more retirement systems established by or pursuant to such laws. The ordinance shall be filed with each board administering a reciprocal system and shall become effective upon the adoption of a resolution of such administering board accepting the city system as a reciprocal system. Such modification shall apply only to a member whose termination and entry into employment resulting in a change in membership from the city system to a reciprocal system or from a reciprocal system to the city system occurs after such effective date; provided, however, that provisions relating to computation of final compensation shall apply to any other member if such provision would have applied had the termination and entry into employment occurred after such effective date.
A reciprocal system, for purposes of this section, means a retirement system established under the County Employees’ Retirement Law of 1937, the Public Employees’ Retirement System, a retirement system of a city whose retirement ordinance contains the provisions authorized by this section, or a retirement system of a city or city and county established by its charter and providing for modifications of rights and benefits similar to and under the same conditions as those provided for under this section.
When a city has established a reciprocal retirement system under this section and has received approval thereof from the Public Employees’ Retirement System, then such system shall be automatically reciprocal with all other state, local and public agencies who are members, or contracting members of the Public Employees’ Retirement System or any retirement system established under the County Employees Retirement Law of 1937.
(Amended by Stats. 1973, Ch. 378.)