Sec. 11. Manager's kin disqualified.

   No person related to the city manager by consanguinity or affinity within the third degree shall hold any appointive office or employment with the city.

Sec. 12. Duties of appointive officers.

   The duties of the city clerk and attorney shall be those normally exercised by such officers as provided in this charter and in the administrative code.

   It shall be the duty of the city auditor to ensure that the city departments and officers responsible for accounting and financial management activities comply with statutory requirements and accounting standards. It shall be the duty of the auditor to conduct internal audits of all the fiscal transactions of the city including, but not limited to, the examination and analysis of fiscal procedures and the examination, checking, and verification of accounts and expenditures; and the city auditor shall provide other analyses of financial and operating data as directed by the city council. The city auditor shall conduct internal audits in accordance with a schedule approved by the city council and may conduct unscheduled audits from time to time. The results of these audits shall be reported in writing to the city council and the city manager. In addition, the auditor shall have such other duties as the council may by ordinance direct.

(Amended by Stats. 1968, Ch. 163, 7-8-68 and by amendment filed with the Secretary of State, December 9, 1983)

Sec. 13. Audits.

   In addition to the audits conducted by the city auditor, the city council shall engage an independent certified public accounting firm to conduct an annual external audit and report the results of this audit in writing to the city council. The city auditor shall coordinate the annual external audit.

(Amended by amendment filed with the Secretary of State, December 9, 1983)

Article V. Compulsory Arbitration for Fire and Police Department Employee Disputes

(This Article repealed by Special Election Measure D, passed by the electorate November 8, 2011)

Article VI. The Recall, Initiative and Referendum

Sec. 1. Recall.

   Proceedings may be commenced for recall of any council member by the service, filing and publication of a notice of intention to circulate a recall petition. Proceedings may not be commenced unless, at the time of commencement, such council member has held office for at least six months and no recall petition has been filed against such council member within the preceding six months.

   The petition demanding the recall of the council member sought to be recalled, signed by registered voters equal in number to at least twelve percentum of the number of registered voters at the last general municipal election, shall be filed with the clerk. One election is sufficient for the recall of one or more council members, but a separate petition is necessary to propose the recall of each council member.

   No signature may be affixed to the petition until the proponents have served, filed and published a notice of intention to circulate a recall petition, containing the name of the council member sought to be recalled, a statement in not more than five hundred words of the grounds on which the recall is sought, and the name and address of at least one proponent. The notice of intention shall be served, personally or by certified mail, on the council member sought to be recalled, and a copy thereof with a certificate of the time and manner of service shall be filed with the clerk. A separate notice of intention shall be filed for each council member sought to be recalled.

   Within seven days after the filing of the notice of intention, the council member sought to be recalled may file with the clerk an answer in not more than five hundred words to the statement of the proponents and, if an answer is filed, shall serve a copy thereof, personally or by certified mail, on one of the proponents named in the notice of intention. The statement and answer are intended solely for the information of the voters and no insufficiency in the form or substance thereof shall affect the validity of the election or proceedings. The notice, statement and answer, if any, shall then be published in a newspaper of general circulation by the city clerk.

   No signature may be affixed to a recall petition until the county registrar of voters has received two blank copies of the petition and has advised the proponents in writing that the form and wording are in order.

   Seven days after the publication of the notice, statement and answer, if any, by the city clerk and provided all the requirements of this section re Notice of Intention, answers, and form of petition have been met, the recall petition may be circulated and signed. The petition shall bear a copy of the notice of intention, statement and answer, if any. If the council member has not answered, the petition shall so state. Signatures shall be secured and the petition filed within ninety days from the filing of the notice of intention. If such petition is not filed within the time permitted by this section, the same shall be void for all purposes.

   The signatures to the petition need not all be appended to one paper, but said petition may be presented in sections. The number of signatures to each section shall be at the pleasure of the person soliciting signatures to the same. Any qualified voter of the municipality shall be competent to solicit said signatures. Unless and until it be proven otherwise by official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of qualified voters. Each signer of said petition shall at the time of signing the petition include his printed name and his place of residence, giving street and number, and if no street or number exists, then a designation of his place of residence which will enable the location to be readily ascertained and the name of the city. A place at least one-inch wide shall be left blank after each name for the use of the clerk in verifying the petition.

   Each section of the petition shall have attached to it a declaration signed by the circulator of that section of the petition, setting forth all of the following:

   (a)   The printed name of the circulator.

   (b)   The residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained.

   (c)   That the circulator circulated that section and saw the appended signatures being written.

   (d)   That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be.

   (e)   That the circulator is a registered voter of the electoral jurisdiction of the officer sought to be recalled.

   (f)   The dates between which all the signatures to the petition were obtained.

   (g)   The circulator shall certify to the content of the declaration as to its truth and correctness, under penalty of perjury, with the signature of his name at length, including given name, middle name or initial, or initial and middle name. The circulator shall date the declaration immediately following his signature.

   Within fifteen business days from the date of filing such petition, the clerk shall examine and ascertain from the records of registration whether or not said petition is signed by the requisite number of electors entitled to vote, and if necessary the council shall allow the clerk extra help for that purpose, and the clerk shall attach to said petition his certificate showing the result of said examination. If, by the said certificate, the petition is shown to be insufficient, it may be amended by additional signatures within ten days from the date of said certificate. The clerk shall, within fifteen business days after such amendment, make like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect.

   If the petition shall be found to be sufficient, the clerk shall submit the same to the council without delay, and the council shall thereupon order and fix a date for holding the said election within the time set by the general laws of the state of California. Candidates for this election shall file with the city clerk within the nomination period set by the general laws of the state of California.

   At least ten days prior to the recall election, the clerk shall mail to each voter a sample ballot and a separate printed copy of the statement of the proponents and of the answer, if any, of the council member sought to be recalled. If the recall of more than one council member is sought, the statement and answer for each shall be printed together and shall be clearly distinguished from those of any other council member.

   There shall be printed on the recall ballot, as to each council member whose recall is to be voted on, the question: "Shall (name of person) be recalled from the office of council member?" followed by the words "yes" and "no." If a majority of those voting on any question voted in favor of the removal of an incumbent, such incumbent shall be deemed removed from office upon the qualification of the successor.

   On the recall ballot, under each question, there shall be printed the names of those persons who have been nominated in the manner provided herein as candidates to succeed the incumbent if such incumbent is recalled. No vote cast shall be counted for any candidate for the office unless the voter also voted on the question of the recall of the person sought to be recalled from that office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. If the vote recalls the council member, the candidate who has received the highest number of votes for the office shall be declared elected for the unexpired term of the former incumbent. If the person who received the highest number of votes fails to qualify within ten days after receiving the certificate of election the office shall become vacant. Said election shall be conducted, returned, and the results thereof declared, in all respects as are all other municipal elections; provided, that if there be any conflict of provisions this charter shall control.

Sec. 2. Initiative.

   Any proposed ordinance may be submitted to the council by a petition signed by qualified and registered electors of the city equal in number to the percentage hereinafter required. The petition shall set forth a copy of the proposed ordinance.

   An initiative petition, in order to be valid, must meet the following requirements:

   (a)   A notice of intention to circulate an initiative petition must be published in a newspaper of general circulation in the city once prior to the affixing of any signature to any petition and shall be substantially in the following form:

   Notice of Intent to Circulate Initiative Petition

   Notice is hereby given of the intention of the persons whose names appear hereon to circulate an initiative petition within the city of Palo Alto for the purpose of ________. A statement of the reasons of the proposed action as contemplated in said petition is as follows:

   (b)   A copy of the notice of intention, together with an affidavit of publication, shall be filed with the clerk prior to the affixing of any signature to any petition.

   (c)   Immediately after the publication and filing of the notice of intention to circulate, the initiative petition may be circulated and filed.

   The signatures to the petition need not all be appended to one paper, but said petition may be presented in sections. Each section of the petition shall contain a copy of the notice of intention to circulate and a copy of the proposed ordinance. The number of signatures to each section shall be at the pleasure of the person soliciting signatures to the same. Any qualified voter of the municipality shall be competent to solicit said signatures. Unless and until it be proven otherwise by official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of qualified voters.

   Each signer of said petition shall at the time of signing the petition include his printed name and place of residence, giving street and number, and if no street or number exists, then a designation of his place of residence which will enable the location to be readily ascertained and the name of the city. A place of at least one-inch wide shall be left blank after each name for the use of the clerk in verifying the petition.

   In addition to the requirements specified above, each section shall have attached thereto the affidavit of the person soliciting the signatures stating:

   (1)   The name and address of the circulator and a statement that he or she is a qualified registered voter.

   (2)   That all the signatures affixed to the section were made in his or her presence.

   (3)   That to the best of his or her knowledge and belief, each signature is the genuine signature of the person whose name it purports to be.

   (4)   The dates between which all signatures were obtained.

   (5)   The signature of the circulator. No other affidavit thereto shall be required.

   Within fifteen business days from the date of filing such petition, the clerk shall examine and ascertain from the records of registration whether or not said petition is signed by the requisite number of electors entitled to vote, and if necessary the council shall allow the clerk extra help for that purpose, and the clerk shall attach to said petition his certificate showing the result of said examination.

   If the petition accompanying the proposed ordinance be signed by qualified and registered electors equal in number of six percentum of the number of registered voters at the last general municipal election the council must either pass such ordinance without alteration or submit the same to the electorate at the next general municipal election that shall occur at any time not less than eighty-eight days from the date of the clerk's certificate of sufficiency. But if such petition is signed by qualified and registered electors equal in number to twelve percentum of said number of registered voters at the last general municipal election and contains a request that such ordinance be submitted to a vote of the people at a special election, then the council must either pass the ordinance without alteration or submit the same to the electorate at a special election to be called within the period provided by the general laws of the state of California.

   If the clerk's certification shows that the petition is insufficient by reason of the failure to obtain sufficient valid signatures thereon, a supplemental petition, in form a duplicate of the original petition, bearing new additional signatures may be filed within ten days of the mailing of the certificate of insufficiency to the proponents of the initiative. Supplemental petitions shall be processed by the clerk in the same manner as set forth herein with respect to original petitions.

   The ballots used when voting upon such proposed ordinance shall contain the words "For the Ordinance," and "Against the Ordinance" (stating the nature of the proposed ordinance). If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall become a valid and binding ordinance of the city. The council may at such election submit any amendment thereto that it may deem proper, and the ballots used at such election shall contain the words "For the Amendment," or "Against the Amendment," or ordinance (naming the ordinance), and also stating the nature of the proposed amendment. If a majority of the qualified electors voting on said proposed amendment shall vote in favor thereof, such ordinance shall thereupon be deemed amended in accordance therewith. The council may also propose and submit any ordinance to the electors, and such ordinance, upon receiving a majority of the votes of the electors voting thereon, shall be deemed to have been adopted and shall be a valid and binding ordinance of the city. Such ordinances shall be considered as adopted upon the date the council conducts the official canvass of the election and shall go into effect ten days after that date. Any ordinance adopted by the electors under the provisions of this section cannot be repealed or amended, except by a vote of the people obtained in the manner hereinabove stated, unless such ordinance shall otherwise provide.

   Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section: provided, that there shall not be held under this section of the charter more than one special election in any period of twelve months.