Sec. 40. 

(1)  The Mayor is the executive officer of the City and shall exercise a careful supervision over all its affairs.  (Added, 1925.)

(2)  It shall be the duty of the Mayor, annually, prior to the presentation of the proposed budget, to communicate by message to the Council a general statement of the condition and affairs of the City, and to recommend the adoption of such measures as he may deem expedient and proper, and to make such special communications to the Council from time to time as he shall deem expedient.  (Amended, 1949.)

(3)  It shall be his duty to be vigilant and active in the enforcement of the ordinances of the City; to exercise a constant supervision over the acts and conduct of all officers and employees; to receive and examine into all complaints made against them for violation or neglect of duty, and certify the same to the Council or proper board, and to secure cooperation between the various departments and offices of the City.  (Added, 1925.)

(4)  He shall make the various appointments required by the Charter to be made by the Mayor, and in sending the names of appointees to the Council for their approval he shall file with the Council to be read before the question of confirmation is voted upon a certificate substantially in the following form: 

I hereby appoint .......................... to the position of  ...........................................and I certify that in my opinion he is especially qualified by reason of training and experience for the work which shall devolve upon him, and that I make the appointment solely in the interest of the City. (Added, 1925.)

No appointments shall be considered unless accompanied by such certificate.  (Added, 1925)

(5)  The Mayor shall appoint and may remove a Secretary to the Mayor. He shall also appoint, subject to confirmation by the Council, the officers of the City mentioned in this Charter, whose appointments are not otherwise specifically provided for herein.  (Added, 1925.)

(6)  He shall perform such other duties and have such other powers as are elsewhere in this Charter, or by ordinance, imposed upon or granted to him.  (Added, 1925.)

The Mayor is the active and responsible head of the City government, notwithstanding the fact that, by reason of necessity, the administrative work is performed under the immediate supervision and direction of the various departments of the City.

The Mayor should have the right at all times to have heads of departments in sympathy with his policies of administration, and to prevent any abuse of such right the power is limited in removing an incumbent only by the requirement of the assent of a majority of the Council concurring in the appointment. 

Delorey v. Board of Public Works, 110 Cal. App. 362.

THE CITY ATTORNEY