The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index.
Other OfficersCity Clerk
Section § 40801
This law requires the city clerk to maintain detailed records of meetings and decisions made by both the legislative body and the board of equalization. These records must be kept in dedicated books with clear titles and include a well-organized general index for easy reference.
city clerk duties record keeping legislative body proceedings
Section § 40802
The city clerk is responsible for keeping track of the city's finances and maintaining records that show the city's financial health.
The city clerk is the accounting officer of the city and shall maintain records readily reflecting the financial condition of the city.
city clerk accounting officer financial condition
Section § 40804
The city clerk must ensure that a summary of the city’s financial report is published in a local newspaper. This summary should follow a format set by the Controller. If no newspaper is available, the summary should be posted in three public locations that are determined by city ordinance for posting public notices.
The city clerk shall cause a summary of the city’s financial report required by Section 53891, in a form prescribed by the Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code. If there is no newspaper, the city clerk shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices.
city clerk responsibilities financial report summary publication requirements
Section § 40805
This law requires that a report is either published or posted according to specific deadlines after the fiscal year ends. These deadlines are set by another law, referenced as Section 53891.
The report shall be published or posted consistent with the timelines established in Section 53891 after the close of the fiscal year for which the report is compiled.
report publication posting timelines fiscal year report
Section § 40805.5
This law says that a city can transfer the financial and accounting duties from the city clerk to a director of finance if the city has set up that role and defined what it should do through a local law or ordinance.
The financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 may be transferred to a director of finance when such office has been established and the powers and duties thereof defined by ordinance.
city clerk responsibilities financial duties transfer accounting duties
Section § 40806
The city clerk is responsible for maintaining a book labeled “ordinances” where they must record every city ordinance. Each ordinance entry should include a certificate that confirms it's an accurate copy, provides its ordinance number, and states that it has been properly published or posted as required by law.
The city clerk shall keep a book marked “ordinances” and record in it all city ordinances with a certificate annexed to each, stating:
(a)CA Government Code § 40806(a) It is a true and correct copy of a city ordinance.
(b)CA Government Code § 40806(b) The ordinance number.
(c)CA Government Code § 40806(c) It has been published or posted pursuant to law.
city clerk ordinances book record city ordinances
Section § 40807
This law states that a record with its certificate serves as initial proof of what's in an ordinance, and that it was passed and published. It can be used as evidence in any court or legal proceedings.
The record with the certificate is prima facie evidence of the contents of each ordinance and of its passage and publication. It is admissible as such evidence in any court or proceedings.
prima facie evidence certificate ordinance contents
Section § 40808
The law states that any official city records held by the city clerk cannot be submitted in court cases or similar actions. These records must stay with the city clerk and be returned to their custody.
The official city records in the custody of the city clerk shall not be filed in any court proceeding or other action but shall be returned to the custody of the city clerk.
official city records city clerk custody court proceedings
Section § 40809
This law section says that ordinances can still be verified and publicized using the normal processes, and it doesn't change that.
This article does not prevent the proof of the passage and publication of ordinances in the usual way.
ordinance publication proof of ordinances passage of ordinances
Section § 40810
This law says that the city clerk automatically becomes the assessor responsible for evaluating property for taxes, unless the city council decides to have county officers handle the assessment and collection of city taxes instead.
The city clerk is the ex officio assessor unless the legislative body provides for the assessment and collection of city taxes by county officers or otherwise.
city clerk duties ex officio assessor property assessment
Section § 40811
The city clerk is responsible for looking after the city seal.
The city clerk is the custodian of the city seal.
city clerk city seal custodian
Section § 40812
The city clerk must also do any other tasks that laws or local rules require.
The city clerk shall perform any additional duties as are prescribed by ordinance.
city clerk duties additional duties prescribed by ordinance
Section § 40813
This law allows a city clerk to appoint deputies to help with their duties. The city clerk and their bondspersons are accountable for the actions of these deputies. The deputies can be removed at any time by the city clerk and their pay is determined by the city’s legislative body.
The city clerk may appoint deputies, for whose acts the city clerk and the city clerk’s bondspersons are responsible. The deputies shall hold office at the pleasure of the city clerk and receive the compensation as provided by the legislative body.
city clerk deputy appointment deputies' compensation
Section § 40814
This law allows city clerks and their deputies to perform certain legal functions related to city affairs. They can administer oaths, take affidavits and depositions that can be used in court, and acknowledge legal documents within their city.
The city clerk and the city clerk’s deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before a city clerk and the city clerk’s deputies within the city in which they were elected or appointed.
city clerk powers administration of oaths depositions
