CHAPTER 2. City Clerk [40801. - 40814.]

Cal. Government Code - GOV 2.

in effect

Cal. Government Code - GOV § 40801. Section 40801.

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.

Cal. Government Code - GOV § 40802. Section 40802.

The city clerk is the accounting officer of the city and shall maintain records readily reflecting the financial condition of the city.

Cal. Government Code - GOV § 40804. Section 40804.

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.

Cal. Government Code - GOV § 40805. Section 40805.

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.

Cal. Government Code - GOV § 40805.5. Section 40805.5.

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.

Cal. Government Code - GOV § 40806. Section 40806.

The city clerk shall keep a book marked “ordinances” and record in it all city ordinances with a certificate annexed to each, stating: (a) It is a true and correct copy of a city ordinance. (b) The ordinance number. (c) It has been published or posted pursuant to law.

Cal. Government Code - GOV § 40807. Section 40807.

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.

Cal. Government Code - GOV § 40808. Section 40808.

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.

Cal. Government Code - GOV § 40809. Section 40809.

This article does not prevent the proof of the passage and publication of ordinances in the usual way.

Cal. Government Code - GOV § 40810. Section 40810.

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.

Cal. Government Code - GOV § 40811. Section 40811.

The city clerk is the custodian of the city seal.

Cal. Government Code - GOV § 40812. Section 40812.

The city clerk shall perform any additional duties as are prescribed by ordinance.

Cal. Government Code - GOV § 40813. Section 40813.

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.

Cal. Government Code - GOV § 40814. Section 40814.

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.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026