(a) 
All officers and department heads shall be appointed by the City Council and shall hold office at the pleasure of the City Council. The Council shall establish by ordinance the administrative offices of the City and shall designate the department heads of the City. The City Council shall be empowered to create, abolish, or reorganize departments and divisions as necessary for the proper administration of the City business, but not inconsistent with other sections of this Charter.
(b) 
Effective December 10, 2020, or sooner if there is a vacancy in the office, the City Treasurer shall be appointed by the City Council as provided herein. Effective at the November 2010 election the City Attorney shall be elected from the City at large for a term ending on December 5, 2011. Commencing December 6, 2011, or sooner if there is a vacancy in the office, the City Attorney shall be appointed by the City Council as provided herein.
(Amended, ratified, August 16, 1967; May 29, 1968; April 15, 1975; April 13, 1976; April 21, 1981; November 6, 2001; November 2, 2010; November 6, 2018)
No person who shall be the wife, husband, father, mother, son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, grandson, granddaughter, brother or sister of a member of the City Council shall be eligible for appointment to any office, job, board, or commission which shall be appointive by the Council of the City of Albany. (Added, ratified February 14, 1961)
The Council shall determine which officers shall give bonds for the faithful performance of their official duties, and fix the amount of said bonds. Such officers, before entering upon their official duties, shall execute a bond to the City in the penal sum required, which bond shall include any other offices of which they may be ex-officio or by appointment incumbent. Said bonds shall be approved by the Council and filed with the City Clerk, except that of the City Clerk, which shall be filed with the Mayor.
Every officer shall take the constitutional oath of office and subscribe thereto before entering upon the performance of their official duties. (Amended, ratified November 8, 2016)
The City Manager shall be the administrative head of the government of the City. As such, the City Manager shall be responsible to the Council for the efficient implementation of its policy and effective administration of all the affairs of the City government which the office controls. Any action, determination or omission of the City Manager or staff shall be subject to review by the Council, but no individual Councilmember or the Mayor shall overrule, change or modify any such action, determination or omission except by affirmative vote of at least three (3) members of said Council at a duly constituted session.
The City Manager shall advise and make recommendations to the Council concerning any conditions or governmental situations which need Council direction or policy determination.
The City Manager will insure that the Council as a whole or as individuals are permitted timely and complete freedom of access to requested information.
The City Manager shall be chosen on the basis of executive and administrative qualifications, as defined by ordinance. (Added, ratified, April 21, 1981)
There shall be a City Clerk. It shall be the Clerk's duty to keep a full, true and correct record of the proceedings of the Council and other books and accounts as are now required by law for clerks of cities, and may be required by resolution or ordinance of the Council. All powers, except as in this Charter otherwise provided, now or hereafter conferred upon the clerks of cities by law, shall be exercised by the City Clerk. The Clerk shall have such other powers and perform such other duties as may be prescribed by resolution or ordinance.
The City Clerk shall be appointed by the Council. The Council shall establish, by ordinance, the qualifications for the position of City Clerk. (Amended, ratified, August 16, 1967; April 13, 1976)
(Deleted, ratified, April 10, 1990)
There shall be a City Treasurer. It shall be the City Treasurer's duty to receive and safely keep all monies and securities belonging to the City coming into their hands. The City Treasurer shall pay out the same only in the manner prescribed by ordinance of the Council. (Amended, ratified August 7, 1952; November 8, 2016)
(a) 
There is hereby created a Police Department which shall be administered by the Chief of Police. The department shall consist of such sworn and non-sworn personnel whose ranks, duties, and compensation are set forth by the City Council through ordinance or resolution.
(b) 
There is hereby created a Fire Department which shall be administered by the Fire Chief. The department shall consist of such personnel whose ranks, duties, and compensation are set forth by the City Council through ordinance or resolution.
(c) 
The Fire and Police Departments may not be consolidated, except upon a vote of the electorate. (Added, ratified November 2, 1982.)
There shall be a City Attorney. The qualifications for the City Attorney shall be established by the City Council, which qualifications shall be established within ninety (90) days from ratification. The City Attorney shall be the legal advisor of the Council, and all other City officials on matters appertaining to their official duties. The City Attorney shall draft all ordinances, resolutions, contracts or other legal documents or proceedings required by the Council, or other officials, except as may be otherwise provided, and shall perform such other legal services from time to time as the Council may require. The City Attorney shall attend all meetings of the Council unless excused therefrom by the Council or the Mayor. (Amended, ratified, April 21, 1981; November 8, 2016)
There shall be a Tax Collector. The City Treasurer shall be ex-officio Tax Collector and perform the duties and possess the powers of this office, which shall be prescribed by resolution or ordinance of the Council. (See also Section 3.18(a))
(Deleted, ratified, April 21, 1986)
There shall be a Chief of Police. The qualifications for the Chief of Police shall be established, by ordinance, by the City Council, which qualifications shall be established within ninety (90) days from ratification. The Chief of Police shall be the head of the Police Department of the City, and shall have all the powers that are now or may hereafter be conferred upon sheriffs and other peace officers by the laws of the State. It shall be the duty of the Police Chief to preserve the public peace, and to suppress riots, tumults and disturbances. The Police Chief's orders shall be promptly executed by the police officials, and every citizen shall lend the Chief of Police aid when requested for the arrest of offenders, the maintenance of public order, or the protection of life and property.
The Chief of Police shall execute and return all process issued by legal authority. The Chief of Police shall perform the duties of a regular police officer and have authority, and it is hereby made the Police Chief's duty, to arrest persons violating any law of the State or ordinance of this City. Those arrested for violating City ordinances may, before or after trial, be confined in the County Jail of Alameda County or in the City Prison of the City of Albany. The Chief of Police shall have such other powers and duties appertaining to the office as may be prescribed by the Council or rules of the Police Department. (Amended, ratified, January 26, 1935; July 21, 1972; November 8, 2016)
There shall be a Fire Chief appointed by the Council. The Fire Chief shall be head of the Fire Department of the City, and shall have charge of and supervision over all matters relating to the prevention and extinction of fires, and of all measures necessary to guard and protect all property impaired thereby. (Amended, ratified, January 26, 1935; November 8, 2016)
(Deleted, ratified, April 21, 1986)
There shall be a Planning and Zoning Commission, consisting of five (5) members who shall serve without compensation. Each member of the Council shall have the power to appoint one member of the Commission, subject to ratification of appointment by the City Council. The Planning and Zoning Commission shall have the power and be required to (a) recommend to the Council the adoption, amendment or repeal of the master plan or any part thereof for the physical development of the City and (b) exercise such functions with respect to land subdivision, planning and zoning as may be presented by ordinance or resolution. (Amended, ratified, August 7, 1952; April 15, 1975; June 2, 1998)
All officers shall have the power to appoint their own deputies when the same are necessary, subject, however, to the confirmation of the Council.
Besides the duties herein specified, all officers and Boards shall perform such other appropriate duties as may be prescribed by ordinance or the general laws.
(a) 
The Council may, by ordinance, consent to, or provide by contract, or in any other manner, for the transfer to the County of Alameda of any or all of the tax assessing and tax collection functions and services provided for by charters or ordinances of the City of Albany, or by State law, rule or regulation, and for the assumption, enforcement, observance, and performance thereof by Alameda County officers and employees, including, but not limited to (a) the assessment of City property for City taxes; (b) the equalization and correction of assessments; (c) the collection, payment, and enforcement of taxes and special assessments, including delinquent taxes; (d) the redemption of property from sale or other penalties for non-payment of City taxes or special assessments; and (e) the City shall at or about the time tax bills are delivered by the County, cause to be distributed to all property owners of the City of Albany, a breakdown of funds of the tax rate of the City of Albany. Any and all powers, duties and functions of the City so transferred to the County pursuant to this section shall, to the extent of their assumption, performance, observance and enforcement by the County, be deemed or suspended and not a duty of the City for the duration of such transfer. The City has, and the Council shall reserve, in any agreement with the County, the right to terminate any transfer made pursuant to this section and to reassume any or all of the transferred functions. This section shall be paramount to any Charter provision in conflict therewith. (Amended, ratified, June 15, 1966; April 13, 1976)
All books and records of every office and department shall be open to the inspection of any citizen during business hours, subject to the proper rules and regulations for the efficient conduct of the business of such department or office, provided, the records of the police department shall not be subject to such inspection except by permission of the proper police authorities.
Copies or extracts, duly certified from said books and records open for inspection, shall be given by the officer having the same in custody to any person demanding the same and paying or tendering fees for copies or certifications as established by Resolution of the City Council, in amounts consistent with the requirements of State law.
All officers and Boards shall deliver to their successors all papers, books, documents, records, archives and other properties pertaining to their respective offices or departments, in this possession or under their control. (Amended, April 19, 1977; ratified November 8, 2016)
Until the election or appointment and induction into office of the officers and employees in this Charter provided for, the present officers and employees shall without interruption, continue to perform the duties of their respective offices and employments for the compensation provided by the existing ordinances.
All lawful ordinances, resolutions, and regulations in force at the time this Charter shall take effect and not inconsistent with its provisions, are hereby continued in force until the same shall have been duly amended, repealed or superseded.
All vested rights of the City shall continue and shall not in any manner be affected by the adoption of this Charter; nor shall any right, liability, pending suit or prosecution, either in behalf of or against the City, be affected by the adoption of this Charter. All contracts entered into by the City prior to the taking effect of this Charter shall be continued and perfected hereunder.
a. 
Except as otherwise provided in this Charter, all members of commissions, boards, committees, task forces, or any other similar bodies, who are appointed by the Mayor or by individual Council members, shall serve for a term lasting until the next general municipal election, except that appointees shall serve for an interim term of up to forty-five (45) days after certification of the election until reappointed or replaced, whichever is sooner. This requirement includes those ratified by the City Council as a whole. In the case of appointments made by the Council as a whole, and where the Mayor or individual Council members do not make nominations, the terms shall extend until the next general municipal election, unless otherwise established by ordinance or resolution. In the event a Council member ceases to serve a full term for any reason, the appointees of that Council member may be replaced or re-appointed by the successor Council member and the new appointee shall serve until the next general municipal election. The City Council may establish by ordinance or resolution provisions for the orderly transition between terms of appointees after the election or appointment of Council members. The City Council may establish a committee, commission, board, task force, or other advisory body with a time frame of less than two (2) years. In such case, the term of the appointees shall coincide with the time frame established by the City Council.
Procedures and policies for appointment, renewal, terms and qualifications of appointees, not inconsistent with this Charter, may be established by ordinance or resolution of the Council.
b. 
The City Council shall establish by ordinance or resolution a policy, to be applied equally to all appointees, for automatic removal due to excessive absenteeism, conviction for a felony, or for failure to maintain a residence in Albany unless Council specifically provides for nonresident members.
c. 
Any other removal shall be only for cause and then only by a majority vote of the City Council. Appointees shall be notified of such cause, in writing, at least twenty-one (21) days prior to the vote of the City Council. (Added, ratified, November 5, 1996; Amended, ratified, June 2, 1998; June 6, 2006; November 4, 2008)