15. First reading Ord. 09-2040 City Attorney evaluationsCUPERT11V0
Agenda Item rs
Summary
Agenda Date
Nl e~.v~Gt 3 , 2~°l
SUBJECT AND ISSUE:
Introduce for first reading Ordinance amending Section 2.18.080 of the Cupertino Municipal
Code regarding City Attorney performance evacuations.
BACKGROUND:
The City Council has previously considered amendments to Section 2.18.080 of the
Cupertino Municipal Code pertaining to performance evaluations of the City Attorney.
The present revisions are intended to addre_:s situations where the City Attorney is a
full time employee or an independent contractor. As revised, Section 2.18.080 wiil
provide that if the City Attorney is a full time employee, any employment agreement
between the city and the attorney shall contain a provision for performance evaluations
by the Council at least once per calendar year. If the attorney is an independent
contractor, the Council shall endeavor to provide periodic feedback regarding the
performance of the independent contractor.
FISCAL IMPACT: None.
STAFF RECOMMENDATION:
Waive reading of Ordinance beyond title and introduce for first reading an Ordinance of the
City of Cupertino amending Section 2.18.080 of the Cupertino Municipal Code relating to
the City Attorney.
o~ of nee cmr w-rr~re~r
Marc Iiyr.es, Ir~ini Oily Auomey
20410 TOWN CEf~iTER LANE #210 ~ GUPERTINO, CA Sra0143255
7F1EPH~: (408 777-3203 ~ FAX= (408) T77-3201
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®RAFT
ORDINANCE NO. 09-2040
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING SECTION 2.18.080
RELATING TO THE CITY ATTORNEY TO CLARIFY
WORDING REGARDING EVALUATIONS
THE CITY COUNCIL. OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS
FOLLOWS:
AMENDMENTS
1. Section 2.18_080 is hereby amended to read as follows:
2.18.080 Agreements on Employment
The terms and conditions of employment of the City Attorney shall be established by ordinance
or resolution_ If the City Attorney is a full time employee. any employment agreement
between the City and the City Attorney shall contain a provision for performance evaluations of
the City Attorney to be conducted by the City Council at least once per calendar year. If the City
Attorney is an independent contractor the City Council shall endeavor to urovide periodic
feedback reeardin~ the performance of the independent contractor.
2. Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36933, shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
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Ordinance No_ 09-2040
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INTRODUCED at a regular adjourned meeting of the City Council of the City of
Cupertino the 3rd of March, 2009 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 3rd of March, 2009 by the fallowing vote:
PASSED:
Vote: Members of the City Council
Ayes:
Nces:
Absent:
Abstain:
ATTEST:
City Clerk
APPROVED:
Mayor
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