§ 2-3.302. Creation and Functions.

The office of the City Clerk and Auditor is established by the Charter. This office as an administrative division shall be under the direct control of the City Clerk and Auditor. It shall be the duty of the City Clerk and Auditor to perform all duties and have such authorities and responsibilities as are prescribed by the Charter and ordinances of the City and the laws of the State of California. The City Clerk and Auditor shall perform the following duties:

(a)

Attend all meetings of the Council and record, index and maintain a full and true record of all the Council's proceedings.

(b)

Maintain appropriately certified and indexed original copies of resolutions and ordinances adopted by the Council and of written contracts made by the City and deeds for property rights obtained or held by the City.

(c)

Verify cash receipts, the distribution of revenues to the appropriate funds, and certify as to legality and correctness all bills, invoices, payrolls, demands and charges against the City.

(d)

Audit fiscal transactions relating to the deposit, transfer, withdrawal or investment of City monies.

(e)

Conduct performance audits, as assigned by the City Council after first being recommended by the Audit Committee. A "performance audit" means a post audit which determines with regard to the purpose, functions and duties of the audited City function all of the following:

(1)

Whether the audited department, office, board, or commission is managing or utilizing its resources, including public funds, personnel, property, equipment and space in an economical and efficient manner.

(2)

Causes of inefficiencies or uneconomical practices, including inadequacies in management, information systems, internal and administrative procedures, organizational structure, use of resources, allocation of personnel, purchasing policies and equipment.

(3)

Whether the desired results are being achieved.

(4)

Whether objectives established by the Council are being met.

(f)

Conduct special audits and investigations, as assigned by the Council, after having first been recommended by the Audit Committee. "Special audits" and "investigations" means assignments of limited scope intended to determine:

(1)

The accuracy of information provided to the Council.

(2)

The costs and consequences of recommendations made to the Council.

(3)

Other information concerning the performance of City departments, offices, boards or commissions as requested by the Council.

(g)

Except as provided in Section 1306 of the Modesto City Charter, perform financial related audits as requested by the Council after first having been recommended by the Audit Committee.

(h)

City Clerk and Auditor shall have access to, and authority to examine any and all documents including, but not limited to, books, accounts, internal memoranda, writings and tapes, reports, vouchers, correspondence files and other records, bank accounts, money and other property of any City department, officer, office, board, or commission, whether created by the Charter or otherwise, with the exception of the office of any elected official.

It is the duty of any officer, employee or agent of the City having control of such records to permit access to, and examination thereof, upon the written request of the City Clerk and Auditor or his or her authorized representative. In circumstances deemed appropriate by the City Clerk and Auditor, in his or her discretion, he or she may issue administrative subpoenas to compel the production of any document described in this subparagraph (h). The failure of any officer, employee, or agent of the City to comply with any such administrative subpoena shall be a violation of this Code and shall be deemed a misdemeanor, punishable as provided for in the Charter of the City of Modesto and Title 1 of this Code. In addition, the City Clerk and Auditor may assess an administrative penalty of five hundred dollars ($500.00) per calendar day or any portion of a calendar day beyond the day and time set forth in any administrative subpoena for the production of any record described in this subparagraph. The civil and criminal penalties prescribed by this subparagraph (h) shall be cumulative and the use of one remedy shall not bar the use of any other remedy provided for herein.

(i)

Perform such other duties as may be required by the Council.

The City Clerk and Auditor may require any claimant to make oath as to the validity of any claim or demand against the City. The Clerk may investigate any such claim or demand and for such purpose may examine witnesses under oath; and if the Clerk finds it erroneous, fraudulent, or otherwise invalid, the Clerk shall refuse to certify the same for payment.

(Added by Ord. 244-C.S., as amended by Ord. 2283-C.S., § 1, Ord. 2915-C.S., § 1, Ord. 2948-C.S., § 1, Ord. 3210-C.S., § 1, effective 5-3-01, Ord. 3605-C.S., § 1, effective 7-24-14 )