HomeMy WebLinkAboutCC 11-18-2025 Item No. 15. Approval of City Manager Employment Agreement_Supplemental ReportCITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: November 18, 2025
Agenda Item #15
Subject
Approval of City Manager Employment Agreement; Proposed Amendments to the
Appointed Employees’ Compensation Program
Recommended Action
1. Adopt Resolution No. 25-___ approving the City Manager Employment
Agreement between the City of Cupertino and Tina Kapoor (Attachment A), and
authorize the Mayor to execute the agreement; and
2. Adopt Resolution No. 25-___ amending the Appointed Employees’
Compensation Program (Attachment C)
The corresponding attachments, listed below are included in this supplemental report
Attachments Provided with Supplemental 1:
A – Draft Resolution approving the City Manager Employment Agreement
B – Draft Employment Agreement for City Manager
C – Draft Resolution amending the Appointed Employees’ Compensation Program
D – Draft Amended Appointed Employees’ Compensation Program (Redline)
E – Draft Amended Appointed Employees’ Compensation Program (Clean)
F – Press Release announcing City Manager
RESOLUTION NO. 25-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
TINA KAPOOR, CITY MANAGER, AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS the City Council appointed Tina Kapoor as Acting City
Manager at the May 2, 2025 City Council Closed Session.
WHEREAS the City Council appointed Tina Kapoor as Interim City
Manager at the June 17, 2025 City Council Closed Session.
WHEREAS the City Council appointed Tina Kapoor as City Manager at
the November 4, 2025 City Council Closed Session.
WHEREAS, this City Manager appointment is subject to the terms
outlined in the City Manager Employment Agreement (“Employment
Agreement”), attached hereto as Exhibit A;
WHEREAS, the terms, conditions and provisions of the Employment
Agreement have been reviewed and approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the aforementioned Employment Agreement and authorizes the Mayor
to execute said agreement on behalf of the City of Cupertino.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Quality Act of 1970 and the State CEQA Guidelines
(collectively, “CEQA”) because it has no potential for resulting in physical change
in the environment. In the event that this Resolution is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because the Employment Agreement would have no or only a de
minimis physical impact on the environment. Where it can be seen with certainty
that the action does not have the potential for causing a significant effect on the
environment, CEQA does not apply. The foregoing determination is made by the
City Council in its independent judgment.
Resolution No. 25-___
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of November 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Liang Chao, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
01276.0004 2066170.1
CITY OF CUPERTINO
AT-WILL CITY MANAGER EMPLOYMENT AGREEMENT
This AT-WILL CITY MANAGER EMPLOYMENT AGREEMENT (“Agreement”) is
entered into and made effective the 18th day of November 2025, by and between the CITY OF
CUPERTINO, a general law city and municipal corporation (“City”) and Eshverya Gianchandani
aka Tina Kapoor, an individual (“Employee”).
R E C I T A L S
WHEREAS, it is the desire of the City Council of the City of Cupertino (hereinafter the
City Council”) to employ an individual to serve in the position of City Manager, which position
is prescribed by state law and the City’s Municipal Code; and
WHEREAS, California Government Code Section 34852 provides that an ordinance
establishing a City Manager form of government shall define the powers and duties of the City
Manager; and
WHEREAS, the powers and duties of the City Manager of the City are set forth in Section
2.28.040 of the Cupertino Municipal Code; and
WHEREAS, pursuant to the Cupertino Municipal Code Section 2.28.010, “[t]he City
Manager shall be appointed by the City Council solely on the basis of his or her experience,
administrative, and executive ability. He shall hold office at and during the pleasure of the City
Council . . . [;]” and
WHEREAS, the City requires the services of a City Manager; and
WHEREAS, based on Employee’s executive and administrative qualifications and ability,
the City Council desires to employ Employee to serve as the City Manager for the City; and
WHEREAS, Employee has the required level of education, experience, skills and expertise
to serve as the City Manager of the City; and
WHEREAS, Employee desires to perform and assume responsibility for the provision of
City Manager services to the City and its related agencies; and
WHEREAS, the parties wish to establish the terms and conditions of Employee’s provision
of City Manager professional services to the City and its related agencies through this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
and Employee hereby agree as follows:
01276.0004 2066170.1 2
A G R E E M E N T
1.0 EMPLOYMENT & DUTIES
1.1 Duties. City hereby employs Employee as City Manager
for the City to perform the functions and duties of the City Manager, as specified
in the City’s Municipal Code, the Government Code of the State of California,
and the job description attached hereto as Exhibit “A”, and to perform such other
legally permissible and proper duties and functions as the City Council shall,
from time-to-time, direct or assign. City reserves the right to amend the job
description for City Manager attached hereto as Exhibit “A”, which defines City
Manager functions and duties, as it deems necessary and appropriate, without
requiring Employee’s acquiescence or an amendment of this Agreement.
Employee shall perform these functions and duties in an efficient, competent,
and ethical manner and shall devote her best efforts and full-time attention
thereto.
1.2 Work Schedule. It is recognized that Employee is
expected to engage in the hours of work that are necessary to fulfill the
obligations of the position, must be available at all times, and must devote a great
deal of time outside the normal office hours to the business of the City.
Employee acknowledges that proper performance of the duties of City Manager
will require Employee to generally observe normal business hours, as set by the
City and may be duly revised from time-to-time, which will also often require
the performance of necessary services outside of normal business hours.
Notwithstanding the foregoing, the City will permit Employee such reasonable
time off” as is customary for exempt employees of the City, so long as the time
off does not interfere with normal business. Employee’s compensation (whether
salary or benefits or other allowances) is not based on hours worked, and
Employee shall not be entitled to any compensation for overtime.
1.3 Other Activities. Employee shall focus her professional
time, ability, and attention to City business during the term of this Agreement.
Employee shall not engage, without the express prior written consent of the City
Council, in any other business duties or pursuits whatsoever, or directly or
indirectly render any services of a business, commercial, or professional nature
to any other person or organization, whether for compensation or otherwise, that
is or may be competitive with the City, that might cause a conflict-of-interest
with the City, or that otherwise might interfere with the business or operation of
the City or the satisfactory performance of the functions and duties of City
Manager.
1.4 Employment Status. Upon appointment to the City
Manager position, Employee shall serve at the will and pleasure of the City
Council and understands that she shall be an “at-will” employee without
recourse to bumping or other demotion rights and shall be subject to summary
dismissal without any right of notice or hearing except as expressly provided in
01276.0004 2066170.1 3
this Agreement, including any due process pre-disciplinary “Skelly” meeting.
The City may terminate Employee at any time in accordance with Section 3.4
below.
1.5 City Documents. All data, studies, reports and other
documents prepared by Employee while performing her duties during the term
of this Agreement shall be furnished to and become the property of the City,
without restriction or limitation on their use. All ideas, memoranda,
specifications, plans, procedures, drawings, descriptions, computer program
data, input record data, written information, and other materials either created
by or provided to Employee in connection with the performance of this
Agreement shall be held confidential by Employee to the extent permitted by
applicable law, except as may be required by any governmental agency or court
of competent jurisdiction. Such materials shall not be used by Employee, without
the prior written consent of the City Council, for any purposes other than the
performance of her duties. Additionally, no such materials may be disclosed to
any person or entity not connected with the performance of services under this
Agreement, except as required by (a) law, (b) any governmental agency, (c)
subpoena, or (d) an order issued by a court of competent jurisdiction.
1.6 FLSA Exempt Status. Employee agrees that her position
is that of an exempt employee for the purposes of the Fair Labor Standards Act
FLSA”).
2.0 COMPENSATION AND REIMBURSEMENT
2.1 Compensation. For the services rendered pursuant to this
Agreement, Employee’s base annual compensation shall be Three Hundred and
Twenty-Seven Thousand Dollars and No Cents ($327,000.00) annually
Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time
that other employees of the City are paid. Such Salary shall be adjusted for
payroll taxes, workers’ compensation, and other payroll-related liability costs.
2.2 Additional Compensation. For the services rendered
pursuant to this Agreement and to compensate Employee for future increases to
the cost of living, Employee’s base annual compensation shall be increased by
three percent (3.0%) effective the first pay period after July 1, 2026, and an
increase of an additional three percent (3%) effective the first pay period after
July 1, 2027. This Section shall not limit the City’s obligation to conduct an
annual salary review in connection with its annual performance review noted in
Section 5.2 of this Agreement for the purpose of considering an additional
increase to Employee’s salary.
2.3 Annual Salary Review. The City Council and Employee
shall conduct an annual salary review concurrently with the annual performance
evaluation set forth in Section 5.2. Following the annual performance review,
Employee may request a further increase to her base salary, and the City may
01276.0004 2066170.1 4
further increase the Employee’s annual salary. Any action to approve an increase
must be approved by a majority vote of the Council at a public meeting.
2.4 Highest Paid Employee. Notwithstanding Employee’s
annual base Salary as set forth herein, the annual salary of Employee shall never
be less than the annual base Salary (excluding overtime, other pay, or any
incentive compensation) of the City’s next highest paid employee.
2.5 Written Amendment Required To Effectuate Base Salary
Adjustment. Except otherwise provided in this Agreement, a change in base
Salary shall only be by written amendment to this Agreement.
2.6 Deferred Compensation. Subject to the applicable IRS
limitations that may be in effect at the time – currently $23,500 annually – the
City shall contribute on a monthly basis the maximum amount into Employee’s
deferred compensation account.
2.7 CalPERS Reporting. Employee acknowledges that the
City makes no representation, and Employee shall not rely on any representation,
that any possible bonus earned shall not be “compensation earnable” under
CalPERS law and regulations for purposes of calculating Employee’s CalPERS
service retirement benefits.
3.0 TERM
3.1 Commencement & Effective Date. Employee shall
commence her services hereunder at 12:01 a.m. Pacific Standard Time on
November 19, 2025 or such earlier date upon which the City Council and
Employee may mutually agree, in either event such date will also be deemed the
effective date of this Agreement (“Effective Date”).
3.2 Term. The term of this Agreement will be for three (3)
years following the Effective Date (“Term”) (i.e. until 11:59 p.m. on November
18, 2028) and, thereafter, the term of this Agreement may be extended for such
an additional term(s) as Employee and City Council mutually deem appropriate,
as evidenced by a written amendment signed by both parties.
3.3 Termination by Employee. Employee may terminate this
Agreement at any time, provided Employee provides the City Council with at
least thirty (30) days’ advance written notice. In the event Employee terminates
this Agreement, Employee expressly agrees that she shall not be entitled to any
severance pay.
3.4 Termination by City. The City Council may terminate
this Agreement at any time with or without cause, by providing written notice of
the reason(s). The City Council’s right to terminate Employee pursuant to this
Section 3.4 shall not be subject to or in any way limited by the City’s
Administrative Rules and Regulations, the Municipal Code, other state or federal
01276.0004 2066170.1 5
law requiring any other form of pre- or post-termination hearing, appeal or other
administrative process pertaining to termination, or past City practices related to
the employment, discipline or termination of the City’s employees, except as
required by law. Nothing herein shall be construed to create a property interest,
where one does not exist by rule of law, in the position of City Manager. Upon
appointment to the City Manager position, Employee remains an at-will
employee serving at the pleasure of the City Council.
a) Termination by City for Cause. The City may
terminate this Agreement for cause at any time by providing Employee with five
5) business days’ written notice of the termination for cause and the facts and
grounds constituting such cause. For purposes of this Agreement, the term
cause” shall be defined to include any misconduct materially related to
performance of official duties, including but not be limited to any of the
following: (1) material breach of this Agreement; (2) willful and material
violation of the City’s Municipal Code; (3) willful or persistent material breach
or neglect of duties; (4) résumé fraud or other acts of material dishonesty ; (5)
insubordination (which shall be defined as a repeated failure to carry out a lawful
directive or lawful directives of the City Council made by the City Council as a
body); (6) corrupt or willful misconduct in office; (7) conviction of a
misdemeanor involving moral turpitude (i.e., offenses contrary to justice,
honesty, or morality) or conviction of a felony under California law; (8) willful
destruction or misuse of City property; (9) habitual intoxication while on duty,
whether by alcohol, prescription drugs, or non-prescription drugs where they are
being used in a manner not authorized by Employee’s treating physician; (10)
use or possession of illegal drugs; (11) inexcusable absence without an
authorized leave of absence; (12) willful political activity involving the support
of candidates for the City Council; (13) theft or attempted theft; (14) material
dishonesty in violation of the law; (15) a finding supported by a preponderance
of the evidence that legally prohibited personal acts of harassment against a City
official or employee or legally prohibited personal acts of discrimination against
a City official or employee has occurred; (16) a finding supported by a
preponderance of the evidence that legally prohibited acts of retaliation against
any City officer or employee or member of the general public has occurred; (17)
willful violation of any conflict of interest or incompatibility of office laws
provided, however, that the good-faith reliance on advice of counsel regarding
compliance with said laws shall not be considered a willful violation); (18)
performance of material outside business interests that conflict directly with the
activities and duties as City Manager, but not including educational or
professional training programs conducted by Employee whether for personal
financial gain or not; (19) refusal to take or subscribe to any oath or affirmation
which is required by law; (20) any illegal act involving personal gain; or (21)
abuse of office or position” as defined in Government Code §53243.4 (i.e.,
waste, fraud, and violation of the law under color of authority and crimes against
public justice, including crimes involving bribery and corruption). For any of the
foregoing, the City Council may, in its discretion, place Employee on paid
administrative leave until resolution. If the City terminates for cause this
01276.0004 2066170.1 6
Agreement and the services of Employee hereunder, the City shall have no
obligation to pay severance.
b) Termination by City Council Without Cause. The
City Council may terminate Employee at any time without cause but rather based
upon management reasons, including but not limited to: (i) change of
administration or (ii) incompatibility of management styles. In the event
Employee is terminated without cause, such action shall be provided and
delivered to the Employee in writing. Employee further expressly agrees that she
shall not be entitled to any severance pay as the result of the termination of this
Agreement except as provided in Section 4.1 below.
c) Elections. In no event may Employee be
terminated effective within ninety (90) days before or after any municipal
election for the selection or recall of one or more of the members of the City
Council.
3.5 Announcement of Separation. In the event that Employee
provides notice of intent to terminate this Agreement pursuant to Section 3.3,
City and Employee shall work in good faith to prepare a joint press release or
statement, the contents of which shall be mutually agreeable to City and
Employee, for release within five (5) calendar days of delivery of notice of a
party’s intent to terminate, and shall defer making any public comments
regarding the termination of the Agreement prior to the release of the agreed-
upon statement. The joint press release or statement shall not contain any
information that is disparaging to either party. Should the parties be unable to
agree upon a joint press release or statement within twenty-four (24) hours, City
reserves the right to issue unilaterally a press release or statement, which shall
not contain any information that is disparaging to Employee.
4.0 SEVERANCE
4.1 Severance Pay. If the City Council terminates Employee
without cause and Employee does not challenge such termination, including but
not limited to by means of appeal or civil or administrative claim, then City shall
pay to Employee severance in an amount equal to her monthly base salary (as
defined in Section 2.1 above, calculated on a per diem basis) then in effect
multiplied by nine (9), less applicable deductions and excluding deferred
compensation or the value of any other benefits (such as longevity pay, advanced
education incentive, etc.).
4.2 No Severance Pay if Termination for Cause or Initiated
by Employee. As provided in Section 3.4(a), should Employee be terminated
for cause, City shall have no obligation to pay the severance provided for in
Section 4.1 above. As provided in Section 3.3, should Employee initiate
termination of this Agreement, the City shall have no obligation to pay the
severance provided for in Section 4.1 above.
01276.0004 2066170.1 7
4.3 Sole Rights. The severance rights provided in this
Section 4.0 shall constitute the sole and only entitlement of Employee with
respect to severance pay in the event of the termination, other than for cause.
Employee expressly waives any and all other rights with respect to severance
pay except as provided herein. Any and all severance rights are conditioned upon
and in consideration for execution of an agreement in the form of the standard
Agreement of Separation, Severance, and General Release” attached hereto in
form only as Exhibit “B.”
5.0 PERFORMANCE EVALUATIONS
5.1 Purpose. The performance review and evaluation process
set forth herein is intended to provide review and feedback to Employee so as to
facilitate a more effective management of the City. The City Council and
Employee mutually agree to use a 3rd party facilitator, such as a League of
California Cities Senior Advisor, to perform the facilitation, based on mutually
agreed-upon criteria. There will be a facilitated review of the City Manager’s
performance for each review period, the frequency of which is set forth below
in Section 5.2. Nothing herein shall be deemed to alter or change the employment
status of Employee (as set forth in Section 1.4 above), nor shall this Article 5.0
be construed as requiring “cause” to terminate this Agreement, or the services of
Employee hereunder
5.2 Annual Evaluation. The City Council will endeavor to
review and evaluate the performance of Employee annually in the first two
weeks of September 2026, and every September thereafter for the remaining
term of this agreement. It shall be the obligation of Employee to notify the City
Council no later than August 31 of each year of the need to conduct the
evaluation pursuant to this Section. In addition, Employee shall submit for the
City Council’s consideration, no later than August 31 of each year of the term of
this Agreement, Employee’s proposed annual performance goals/objectives and
plan of action for the upcoming fiscal year and incorporate the City Council’s
suggestions as appropriate. Such review and evaluation shall be conducted
concurrently with an annual salary review and in accordance with the purpose
noted in Section 5.1 above, and will be based on specific criteria developed by
the City Council and the Employee.
5.3 Written Summary. The City Council may, at its sole
discretion, elect to provide a written summary of each performance evaluation
to Employee within two (2) weeks following the conclusion of the review and
evaluation process, and may, at its discretion, schedule at least one (1) closed
personnel session with Employee to deliver and discuss the evaluation.
6.0 BENEFITS
6.1 CalPERS Retirement. Employee is a “classic” member of
CalPERS and accordingly she shall participate in the City’s CalPERS plan for
classic miscellaneous employees, which is the 2% at 60 formula.
01276.0004 2066170.1 8
6.2 Medical Insurance. The City shall provide to Employee
medical, dental, and vision insurance benefits at the same level, and subject to
the same terms and conditions, as provided to all appointed employees of the
City pursuant to the Appointed Employees’ Compensation Program then in
effect, and subject to the terms, conditions and limits specified therein.
6.3 Vacation Leave. Employee shall accrue vacation leave on
a per pay period basis as follows: Employee shall accrue at the rate of 120 hours
per year, to a maximum of 240 hours during the term of this Agreement.
Employee shall be entitled to an opening vacation leave balance of 168.6 hours.
6.4 Administrative Leave. Employee shall accrue 80 hours
of administrative leave annually. Employee may accumulate administrative
leave hours up to two times their annual accrual. Employee shall be eligible to
convert administrative leave hours to pay one time each calendar year. Employee
shall be entitled to an opening administrative leave balance of 60.8 hours.
6.5 Holidays. Employee shall be entitled to the holidays
specified in the Appointed Employees’ Compensation Program then in effect. The
City currently observes fifteen (15) holidays and provides twenty (20) floating hours
per calendar year.
6.6 Sick Leave. Employee shall receive sick leave at the
same level as all full-time employees, subject to the terms and conditions in the
City’s Personnel Rules as amended from time to time, based on the same terms
and conditions applicable to management employees covered by the
Unrepresented Employees’ Compensation Program. Employee shall be entitled
to an opening sick leave balance of 173.6 hours. Sick leave shall have no cash
out value upon Employee’s separation from the City.
6.7 Automobile Allowance. Employee shall be paid an
automobile allowance of $500 per month for use of personal vehicle. Additional
mileage reimbursement per City policy when travel exceeds 50 miles per round
trip. Employee is not precluded from using City vehicle for City business
during, before, and after the normal workday if needed. Employee shall be
responsible for any personal income tax that may result from such allowance.
6.8 Deferred Compensation. It is the policy of the City of
Cupertino to provide equitable current compensation and reasonable retirement
security for eligible persons under this Compensation Program for services
performed for the City. The City participates in the California Public Employees'
Retirement System (PERS) and deferred compensation plans have been
established. Both the employee and employer may make contributions from
current earnings to these plans. The purpose of this policy is to promote means
by which compensation may be provided in such manner and form to best meet
the requirements of the City and the needs of individual employees, thereby
increasing the ability, to attract and retain competent employee. The City shall
maintain and administer means by which employees in these positions may defer
01276.0004 2066170.1 9
portions of their current earnings for future utilization. Usage of such plans shall
be subject to such agreements, rules and procedures as are necessary to properly
administer each plan. Employee contributions to such plans may be made in such
amounts as felt proper and necessary to the employee. Employer contributions
shall be as determined by the City Council except as provided in Section 2.6 of
this Agreement.
6.9 Life Insurance. The City of Cupertino provides life
insurance benefits in an amount of two and one half times the employee's annual
salary to a maximum of $250,000.00.
6.10 Education Reimbursement. Employee shall be eligible for
education reimbursement at the same level as appointed employees as set forth
in the Appointed Employees’ Compensation Program then in effect, subject to
the terms, conditions and limits specified therein. The Appointed Employees’
Compensation Program currently provides that tuition reimbursement shall not
exceed $2,000 per calendar year.
6.11 Other Benefits. Except as expressly provided in this
Section 6.0, Employee shall be entitled to receive benefits as provided for under
the Appointed Employees’ Compensation Program, as amended from time to
time. These benefits are subject to modification during the course of this
Agreement at the sole and absolute discretion of City at such times and to such
extent as City may deem appropriate; provided, however, there shall be no
reduction in benefits unless City implements the same reduction of benefits to
all other employees covered under the Appointed Employees’ Compensation
Program; and further provided that in the event of a conflict between the
Appointed Employees’ Compensation Program and this Agreement, this
Agreement shall control.
7.0 BONDS AND INDEMNIFICATION
7.1 Indemnification. To the extent mandated by the
California Government Code, the City shall defend, hold harmless, and
indemnify Employee against any tort, professional liability, claim or demand, or
other legal action arising out of an alleged act or omission occurring in the
performance of Employee’s services under this Agreement. This section shall
not apply to any intentional tort or crime committed by Employee, to any action
outside the course and scope of the services provided by Employee under this
Agreement, or any other intentional or malicious conduct or gross negligence of
Employee.
7.2 Bonds. The City shall bear the full cost of any fidelity or
other bonds, which may be required in the performance of Employee’s services
under this Agreement.
01276.0004 2066170.1 10
8.0 GENERAL PROVISIONS
8.1 Entire Agreement. This Agreement represents the entire
agreement between the parties and supersedes any and all other agreements,
either oral or in writing, between the parties with respect to Employee’s
employment by the City and contains all of the covenants and agreements
between the parties with respect to such employment. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by either party, or anyone
acting on behalf of either party, which are not embodied herein, and that no other
agreement, statement or promises not contained in this Agreement shall be valid
or binding upon either party.
8.2 Amendment. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in writing, which
amendment shall require approval by the affirmative vote of at least three (3)
members of the City Council.
8.3 Notices. Any notice required or permitted by this
Agreement shall be in writing and shall be personally served or shall be
sufficiently given when served upon the other party as sent by United States
Postal Service, postage prepaid and addressed as follows:
To City: To Employee:
City of Cupertino Tina Kapoor
Attention: City Clerk [On file with Human Resources Dept.]
10300 Torre Avenue
Cupertino, California 95014
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the
course of transmission with the United States Postal Service.
8.4 Conflicts Prohibited. During the term of this Agreement,
Employee shall not engage in any business or transaction or maintain a financial
interest which conflicts, or reasonably might be expected to conflict, with the
proper discharge of Employee’s duties under this Agreement. Employee shall
comply with all requirements of law, including but not limited to, Sections 87100
et seq., Section 1090 and Section 1125 of the Government Code, and all other
similar statutory and administrative rules. Whenever any potential conflict arises
or may appear to arise, the obligation shall be on Employee to seek legal advice
concerning whether such conflict exists and Employee’s obligations arising
therefrom.
8.5 Effect of Waiver. The failure of either party to insist on
strict compliance with any of the terms, covenants, or conditions of this
Agreement by the other party shall not be deemed a waiver of that term,
01276.0004 2066170.1 11
covenant, or condition, nor shall any waiver or relinquishment of any right or
power at any one time or times be deemed a waiver or relinquishment of that
right or power for all or any other times.
8.6 Partial Invalidity. If any provision in this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable,
the remaining provisions shall nevertheless continue in full force without being
impaired or invalidated in any way.
8.7 Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of California, and the
parties agree that venue for any action arising out of this agreement shall be in
Santa Clara County, California.
8.8 Mandatory Government Code Provisions. Assembly Bill
1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4,
sought to provide greater transparency in local government and institute certain
limitations on compensation paid to local government executives. These statutes
require that contracts between local agencies and its employees include
provisions requiring an employee who is convicted of a crime involving an abuse
of their office or position to provide reimbursement to the local agency. These
statutes are incorporated herein by reference (below). Accordingly, the Parties
agree that it is their mutual intent to fully comply with these Government Code
sections and all other applicable law as it exists as of the date of execution of
this Agreement and as such laws may be amended from time to time thereafter.
Specifically, the following Government Code sections are called out and hereby
incorporated by this Agreement:
53243. Reimbursement of paid leave salary required upon conviction of crime
involving office or position.
53243.1. Reimbursement of legal criminal defense upon conviction of crime
involving office or position.
53243.2. Reimbursement of cash settlement upon conviction of crime involving
office or position.
53243.3. Reimbursement of noncontractual payments upon conviction or crime
involving office or position.
53243.4. “Abuse of office or position” defined.
Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully
with each of these provisions if any of these provisions are applicable to Employee, including that
Employee agrees that any cash settlement or severance related to a termination that Employee may
receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a
crime involving an abuse of Employee's office or position.
01276.0004 2066170.1 12
8.9 Independent Legal Advice. The City and Employee
represent and warrant to each other that each has received legal advice from
independent and separate legal counsel with respect to the legal effect of this
Agreement, or had the opportunity to do so, and the City and Employee further
represent and warrant that each has carefully reviewed this entire Agreement and
that each and every term thereof is understood and that the terms of this
Agreement are contractual and not a mere recital. This Agreement shall not be
construed against the party or its representatives who drafted it or who drafted
any portion thereof.
IN WITNESS WHEREOF, the City of Cupertino has caused this Agreement to be signed
and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized,
and Employee has signed and executed this Agreement, all in triplicate.
CITY OF CUPERTINO
Liang-Fang “Liang” Chao, Mayor
ATTEST:
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
Floy Andrews, Interim City Attorney
EMPLOYEE
Tina Kapoor
Tina Kapoor (Nov 17, 2025 15:00:32 PST)
Tina Kapoor
01276.0004 2066170.1 13
EXHIBIT “A”
CITY MANAGER JOB DESCRIPTION
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the
class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
The City Manager shall be the administrative head of the City government acting under the direction and
control of the City Council except as otherwise provided in the current Municipal Code Section 2.28. In
addition to her general powers as Chief Administrator, and not as a limitation thereon, she shall have the
powers and duties set forth in the Representative Duties section below.
REPRESENTATIVE DUTIES
The following duties are typical for this classification, and are listed in accordance with the current Municipal Code
Section 2.28. Incumbents may not perform all of the listed duties and/or may be required to perform additional or
different duties from those set forth below to address business needs and changing business practices.
1. To see that all laws and ordinances of the City are duly enforced and that all franchises, permits,
licenses and privileges granted by the City are faithfully performed and observed;
2. To control, order and give directions to all directors of departments and to subordinate officers
and employees of the City under his or her jurisdiction through their department directors, and to
transfer employees from one department to another;
3. The services and facilities of the City Treasurer and the City Attorney shall be made available to
the City Manager to the same extent and in the same manner that the services are available to the
City Council;
4. To appoint, discipline and dismiss any and all officers and employees of the City except those
elected by the electors of the City or whose appointment or dismissal is denied to the City
Manager under the laws of the state. The power to appoint given in the preceding paragraph does
not include the power to create a new position except as provided under Chapter 2.52;
5. To attend all meetings of the City Council unless excused therefrom by the City Council;
6. To recommend to the City Council for adoption such measures and ordinances as he or she deems
necessary or expedient;
7. To keep the City Council at all times fully advised as to the financial conditions and needs of the
City;
8. To prepare and submit to the City Council the annual budget and to administer it after adoption;
9. To purchase or cause to be purchased all supplies for all of the departments or divisions of the
City. No expenditures shall be submitted or recommended to the City Council except on report
and approval of the City Manager;
10. To make investigation into the affairs of the City and any department or division thereof and any
contract or the proper performance of any obligation running to the City;
11. To investigate all complaints in relation to matters consuming the administration of the
government of the City and in regard to the services maintained by public utilities in the City and
to see that all franchises, permits and privileges granted by the City are faithfully observed;
12. To execute general supervision over all public buildings, public parks, streets and other public
property which are under the control and jurisdiction of the City Council;
13. To devote his or her entire working time, thought and energy to the duties and interests of the
City;
14. To receive and open all official mail and communications addressed either to the Mayor or to the
City Council;
15. To make reports and initiate recommendations as may be desirable or as requested by the City
Council;
16. To sign documents specified in Cal. Gov’t Code § 40602, or to delegate to another officer such
authority to sign, whenever such documents have been approved by the Council for execution by
01276.0004 2066170.1 14
the City Manager or their delegee by ordinance, resolution, motion, minute order or other
appropriate action.
17. To perform such other duties and exercise such other powers as may be delegated to him or her
from time to time by ordinance, resolution or other action of the City Council.
01276.0004 2066170.1 15
EXHIBIT “B”
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
1.0 PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the
AGREEMENT”) is entered into by and between the City of Cupertino, a general law city and
municipal corporation (hereinafter referred to as “THE CITY”), and Eshverya Gianchandani aka
Tina Kapoor, an individual (hereinafter referred to as “EMPLOYEE”).
2.0 RECITALS
2.1 EMPLOYEE was hired by THE CITY as an at-will City
Manager effective _________, ____, serving at the pleasure of the City Council
of THE CITY pursuant to a written contract, a copy of which is attached hereto as
Exhibit A (“THE CONTRACT”). EMPLOYEE is currently ____ years old.
2.2 THE CITY and EMPLOYEE desire that EMPLOYEE
resign and enter into a severance agreement whereby EMPLOYEE receives
severance compensation in exchange for executing a general release and waiver of
any and all claims that EMPLOYEE may have against THE CITY, including but
not limited to its elected and non-elected officials, employees, attorneys, and
agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually
conclude any and all employment relationships between THE CITY and
EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______,
This AGREEMENT sets forth the full and complete terms and conditions
concluding EMPLOYEE’s employment relationship with the CITY and any
obligations related thereto, including any provided under THE CONTRACT.
2.3 In accordance with this AGREEMENT and with
applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE
has been advised of EMPLOYEE’s post-employment rights, including but not
limited to EMPLOYEE’s rights under the Consolidated Omnibus Budget
Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income
Security Act of 1974 (“ERISA”), and the Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”).
3.0 CONSIDERATION
3.1 EMPLOYEE shall receive payment to her at the time of
her voluntary separation all earned salary, accrued fringe benefits as detailed in
THE CONTRACT, and/or all other wage compensation/benefits owed to
EMPLOYEE upon separation of employment as required by law or THE
CONTRACT or any other agreement with THE CITY.
3.2 In exchange for the waivers and releases set forth herein,
THE CITY shall also cause to be paid to EMPLOYEE an additional
compensatory payment by means of severance, settlement and release in the
01276.0004 2066170.1 16
amount of ___________________________ and ___ cents ($____.00), as set
forth in THE CONTRACT in the form of a check made payable to EMPLOYEE
to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail
return receipt requested within thirty (30) business days after the EFFECTIVE
DATE (as defined below) of this AGREEMENT.
3.3 In exchange for the severance payment provided for
herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs,
representatives, successors, and assigns, hereby releases, acquits, and forever
discharges THE CITY, and each of its predecessors, successors, assigns,
officials, employees, representatives, agents, insurers, attorneys, and all persons
and entities acting by, through, under, or in concert with any of them, and each
of them (hereinafter referred to as “THE CITY PARTIES”), from any and all
claims, charges, complaints, contracts, understandings, liabilities, obligations,
promises, benefits, agreements, controversies, costs, losses, debts, expenses,
damages, actions, causes of action, suits, rights, and demands of any nature
whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE
now has or may acquire in the future, or which EMPLOYEE ever had, relating
to or arising out of any act, omission, occurrence, condition, event, transaction,
or thing which was done, omitted to be done, occurred or was in effect at any
time from the beginning of time up to and including _______ __, ____
hereinafter referred to collectively as “CLAIMS”), without regard to whether
such CLAIMS arise under the federal, state, or local constitutions, statutes, rules
or regulations, or the common law. EMPLOYEE expressly acknowledges that
the CLAIMS forever barred by this AGREEMENT specifically include, but are
not limited to, claims based upon any alleged breach of THE CONTRACT or
any other agreement of employment, any demand for wages, overtime or
benefits, any claims of violation of the provisions of ERISA, COBRA or
HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged
wrongful termination in violation of public policy, any alleged breach of any
express or implied contract for continued employment, any alleged employment
discrimination or unlawful discriminatory act, or any claim or cause of action
including but not limited to any and all claims whether arising under any federal,
state or local law prohibiting breach of employment contract, wrongful
termination, or employment discrimination based upon age, race, color, sex,
religion, handicap or disability, national origin, or any other protected category
or characteristic, and any and all rights or claims arising under the California
Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair
Labor Standards Act, the California Fair Employment and Housing Act,
California Government Code §§12900 et seq., the Americans With Disabilities
Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers
Procedural Bill of Right Act, and any other federal, state, or local human rights,
civil rights, or employment discrimination or employee rights statute, rule, or
regulation.
01276.0004 2066170.1 17
4.0 SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER
ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the
ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate
with respect to the nature and privileges of an individual’s employment on the basis that the
individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter
referred to as the “OWBPA,” 29 U.S.C. § 626 et seq., Pub L 101-433, 104 Stat. 978 (1990)) further
augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the
waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE
acknowledges that she knowingly and voluntarily, for just compensation in addition to anything
of value to which EMPLOYEE was already entitled, waives and releases any rights she may have
under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that she has been advised
and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/release is written in a manner understood by EMPLOYEE;
b) EMPLOYEE is aware of and/or has been advised of her rights under the
ADEA and OWBPA, and of the legal significance of her waiver of any possible claims she
currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days
within which to review and consider this AGREEMENT and the waiver and release of any rights
she may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the
exercise of her own discretion, sign or reject this AGREEMENT at any time before the expiration
of the twenty-one (21) days;
d) The waivers and releases set forth in this AGREEMENT shall not apply to
any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE
of this AGREEMENT;
e) EMPLOYEE has been advised by this writing that she should consult with
an attorney prior to executing this AGREEMENT;
f) EMPLOYEE has discussed this waiver and release with, and been advised
with respect thereto by, her counsel of choice, and she does not need any additional time within
which to review and consider this AGREEMENT;
g) EMPLOYEE has seven (7) days following her execution of this
AGREEMENT to revoke the AGREEMENT;
h) Notice of revocation within the seven (7) day revocation period must be
provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby
revoke my acceptance of our Agreement of Severance and General Release”; and
i) This AGREEMENT shall not be effective until all parties have signed the
AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE
DATE”).
01276.0004 2066170.1 18
5.0 UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands
that California Civil Code § 1542 reads as follows:
General Release - Claims Extinguished”
A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at
the time of executing the release and that, if known by him or her,
would have materially affected his or her settlement with the debtor or
released party.”
EMPLOYEE hereby waives the protection of California Civil Code § 1542.
6.0 WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more
detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and
5 above.
7.0 REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each
other party as follows:
7.1 Advice of Counsel: The parties hereto have received
independent legal advice from their respective attorneys concerning the
advisability of entering into and executing this AGREEMENT or have been
given the opportunity to obtain such advice. The parties acknowledge that they
have been represented by counsel of their own choice in the negotiation of this
AGREEMENT, that they have read this AGREEMENT; that they have had this
AGREEMENT fully explained to them by such counsel, or have had such
opportunity to do so; and that they are fully aware of the contents of this
AGREEMENT and of its legal effect.
7.2 No Fraud in Inducement: No party (nor any officer,
agent, employee, representative, or attorney of or for any party) has made any
statement or representation or failed to make any statement or representation to
any other party regarding any fact relied upon in entering into this
AGREEMENT, and neither party relies upon any statement, representation,
omission, or promise of any other party in executing this AGREEMENT, or in
making the settlement provided for herein, except as expressly stated in this
AGREEMENT.
7.3 Independent Investigation: Each party to this
AGREEMENT has made such investigation of the facts pertaining to this
01276.0004 2066170.1 19
settlement and this AGREEMENT and all the matters pertaining thereto, as it
deems necessary.
7.4 Mistake Waived: In entering into this AGREEMENT,
each party assumes the risk of any misrepresentation, concealment or mistake.
If any party should subsequently discover that any fact relied upon by it in
entering into this AGREEMENT was untrue, or that any fact was concealed from
it, or that its understanding of the facts or of the law was incorrect, such party
shall not be entitled to any relief in connection therewith, including without
limitation on the generality of the foregoing any alleged right or claim to set
aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and
is, final and binding between the parties, regardless of any claims of
misrepresentation, promise made without the intent to perform, concealment of
fact, mistake of fact or law, or any other circumstance whatsoever.
7.5 Later Discovery: The parties are aware that they may
hereafter discover claims or facts in addition to or different from those they now
know or believe to be true with respect to the matters related herein.
Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally, and
forever settle and release all such matters, and all claims relative thereto, which
do now exist, may exist, or have previously existed against THE CITY or THE
CITY PARTIES. In furtherance of such intention, the releases given here shall
be, and remain, in effect as full and complete releases of all such matters,
notwithstanding the discovery or existence of any additional or different claims
or facts relative thereto.
7.6 Indemnification: EMPLOYEE agrees to indemnify and
hold harmless THE CITY or THE CITY PARTIES from and against any and all
claims, damages, or liabilities sustained by them as a direct result of the violation
or breach of the covenants, warranties, and representations undertaken pursuant
to the provisions of this AGREEMENT. EMPLOYEE understands and agrees
that she shall be exclusively liable for the payment of all taxes for which she is
responsible, if any, as a result of her receipt of the consideration referred to in
Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to
indemnify and hold the CITY PARTIES harmless for payment of tax obligations
as may be required by any federal, state or local taxing authority, at any time, as
a result of the payment of the consideration set forth in Paragraph 3 of this
AGREEMENT.
7.7 Future Cooperation & Consultation fees: EMPLOYEE
shall execute all such further and additional documents as shall be reasonable,
convenient, necessary or desirable to carry out the provisions of this
AGREEMENT. EMPLOYEE shall provide THE CITY with consultation
services (including deposition or trial testimony) in any litigation involving THE
CITY which is reasonably related to acts or occurrences transpiring during her
employment. Said services shall be provided as needed by THE CITY at a rate
of $100.00 per hour.
7.8 Return of Confidential Information and Property: Prior to
01276.0004 2066170.1 20
the separation date, EMPLOYEE shall submit a written inventory of, and return
to the City Clerk, all City keys, equipment, computer identification cards or
codes, and other equipment or materials or confidential documents provided to
or obtained by EMPLOYEE during the course of her employment with THE
CITY.
7.9 No Pending Claims and/or Actions: EMPLOYEE
represents that she has not filed any complaints or charges against THE CITY or
THE CITY PARTIES with any local, state or federal agency or court; that she
will not do so at any time hereafter for any claim arising on any date up to and
including the EFFECTIVE DATE of this AGREEMENT; and that if any such
agency or court assumes jurisdiction of any such complaint or charge against
THE CITY or THE CITY PARTIES on behalf of EMPLOYEE whenever or
where ever filed, she will request such agency or court to withdraw from the
matter forthwith.
7.10 Ownership of Claims: EMPLOYEE represents and
warrants as a material term of this AGREEMENT that EMPLOYEE has not
heretofore assigned, transferred, released or granted, or purported to assign,
transfer, release or grant, any of the CLAIMS disposed of by this
AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants
and represents that none of the CLAIMS released by EMPLOYEE thereunder
will in the future be assigned, conveyed, or transferred in any fashion to any
other person and/or entity.
7.11 Enforcement Fees and Costs: Should any legal action be
required to enforce the terms of this AGREEMENT, the prevailing party shall
be entitled to reasonable attorneys’ fees and costs in addition to any other relief
to which that party may be entitled.
7.12 Authority: Each party represents to the other that it has
the right to enter into this AGREEMENT, and that it is not violating the terms
or conditions of any other AGREEMENT to which they are a party or by which
they are bound by entering into this AGREEMENT. The parties represent that
they will obtain all necessary approvals to execute this AGREEMENT. It is
further represented and agreed that the individuals signing this AGREEMENT
on behalf of the respective parties have actual authority to execute this
AGREEMENT and, by doing so, bind the party on whose behalf this
AGREEMENT has been signed.
8.0 MISCELLANEOUS
8.1 No Admission: Nothing contained herein shall be
construed as an admission by THE CITY of any liability of any kind. THE CITY
denies any liability in connection with any claim and intends hereby solely to
avoid potential claims and/or litigation and buy its peace.
8.2 Governing Law: This AGREEMENT has been executed
and delivered within the State of California, and the rights and obligations of the
01276.0004 2066170.1 21
parties shall be construed and enforced in accordance with, and governed by, the
laws of the State of California.
8.3 Full Integration: This AGREEMENT is the entire
agreement between the parties with respect to the subject matter hereof and
supersedes all prior and contemporaneous oral and written agreements and
discussions. This AGREEMENT may be amended only by a further agreement
in writing, signed by the parties hereto.
8.4 Continuing Benefit: This AGREEMENT is binding upon
and shall inure to the benefit of the parties hereto, their respective agents,
spouses, employees, representatives, officials, attorneys, assigns, heirs, and
successors in interest.
8.5 Joint Drafting: Each party agrees that it has cooperated in
the drafting and preparation of this AGREEMENT. Hence, in any construction
to be made of this AGREEMENT, the parties agree that same shall not be
construed against any party.
8.6 Severability: In the event that any term, covenant,
condition, provision or agreement contained in this AGREEMENT is held to be
invalid or void by any court of competent jurisdiction, the invalidity of any such
term, covenant, condition, provision or agreement shall in no way affect any
other term, covenant, condition, provision or agreement and the remainder of
this AGREEMENT shall still be in full force and effect.
8.7 Titles: The titles included in this AGREEMENT are for
reference only and are not part of its terms, nor do they in any way modify the
terms of this AGREEMENT.
8.8 Counterparts: This AGREEMENT may be executed in
counterparts, and when each party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken
together with other signed counterparts, shall constitute one AGREEMENT,
which shall be binding upon and effective as to all parties.
8.9 Notice: Any and all notices given to any party under this
AGREEMENT shall be given as provided in this paragraph. All notices given
to either party shall be made by certified or registered United States mail, or
personal delivery, at the noticing party’s discretion, and addressed to the parties
as set forth below. Notices shall be deemed, for all purposes, to have been given
on the date of personal service or three (3) consecutive calendar days following
deposit of the same in the United States mail.
As to EMPLOYEE:
At EMPLOYEE’s home address on file with THE CITY.
01276.0004 2066170.1 22
As to THE CITY:
City of Cupertino
Attention: City Clerk
10300 Torre Avenue
Cupertino, CA 95015
signature page follows]
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and
executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed
and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have
approved as to form as of the dates written below.
DATED: _______________ EMPLOYEE
By: ________________________________
THE CITY
DATED: __________________ By: ________________________________
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ________________________
City Attorney
EMPLOYEE’s LAW FIRM]
By: ________________________
Counsel]
CUP - FINAL City Manager Employment
Agreement + Exhibits - Tina Kapoor(2066170.1)
Final Audit Report 2025-11-17
Created:2025-11-17
By:Kirsten Squarcia (kirstens@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA67QAsBU21Eg3cjH8DpiARSdStJt-CF5A
CUP - FINAL City Manager Employment Agreement + Exhibits -
Tina Kapoor(2066170.1)" History
Document created by Kirsten Squarcia (kirstens@cupertino.org)
2025-11-17 - 10:12:00 PM GMT
Document emailed to Floy Andrews (floya@cupertino.gov) for signature
2025-11-17 - 10:14:38 PM GMT
Email viewed by Floy Andrews (floya@cupertino.gov)
2025-11-17 - 10:15:14 PM GMT
Document e-signed by Floy Andrews (floya@cupertino.gov)
Signature Date: 2025-11-17 - 10:46:34 PM GMT - Time Source: server
Document emailed to tinak@cupertino.gov for signature
2025-11-17 - 10:46:35 PM GMT
Email viewed by tinak@cupertino.gov
2025-11-17 - 10:47:32 PM GMT
Signer tinak@cupertino.gov entered name at signing as Tina Kapoor
2025-11-17 - 11:00:30 PM GMT
Document e-signed by Tina Kapoor (tinak@cupertino.gov)
Signature Date: 2025-11-17 - 11:00:32 PM GMT - Time Source: server
Agreement completed.
2025-11-17 - 11:00:32 PM GMT
RESOLUTION NO. 25-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE APPOINTED EMPLOYEES’ COMPENSATION
PROGRAM
WHEREAS the City Council desires to amend the Appointed
Employees’ Compensation Program.
NOW, THEREFORE, BE IT RESOLVED that the Appointed Compensation
Program be amended which is incorporated in this resolution by this reference
and attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of November 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Liang Chao, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
1
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter defined
and designated as appointed management employees by the City Council in the City Manager's Office
and the City Attorney’s Office shall be eligible for participation in the Appointed Employees'
Compensation Program as hereby adopted by action of the City Council and as same may be amended
or as otherwise modified from time to time.
Eligibility for inclusion in this Compensation program is limited to persons appointed by
the City Council and holding positions as management employees in the City Manager’s Office
and the City Attorney’s Office, as defined under section 2.52.290 of the Cupertino Municipal
Code. Eligible persons are designated by the Appointing Authority and may be modified as
circumstances warrant.
Although subject to change in accordance with the Personnel Code, the positions in the
following classifications have been designated as appointed employees.
MANAGEMENT CLASSIFICATIONS:
Classification Title
City Manager
City Attorney
In the event of any inconsistency between the Compensation Program and any Employment
Contracts, the provisions of the Employment Contract and any amendments thereto control.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated for services rendered to and on behalf of the City on the basis of equitable pay
for duties and responsibilities assigned, meritorious service and comparability with similar work
in other public and private employment in the same labor market; all of which is contingent upon the
City's ability to pay consistent with its fiscal policies. The City Manager and City Attorney salaries
will be set by contract.
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017, November 6, 2017, January 7, 2019,
July 16, 2019, August 18, 2020, November 16, 2021, July 19, 2022, December 3, 2024, July 15,
2025, September 3, 2025, November 18, 2025
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3
3
TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be reimbursed or receive advances in accordance with the schedules, terms and conditions
as set forth herein for attendance at conferences, meetings and training sessions as defined below
for each. It is the intent of this policy to encourage the continuing education and awareness of said
persons in the technical improvements and innovations in their fields of endeavor as they apply
to the City or to implement a City approved strategy for attracting and retaining businesses
in the City. One means of implementing this encouragement is through a formal reimbursement
and advance schedule for authorized attendance at such conferences, meetings and training
sessions.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may
be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile
distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the
purpose of obtaining information of a work related nature to benefit the City's operations or
to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities.
4
III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest
possible cost to the City for traveling on City business. For example, if paying for parking at the
airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive
their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town
location, then a car should be rented; or air reservations should be booked in advance to obtain
discounted fares. The following procedures apply whether the expense is being paid through a
reimbursement or a direct advance.
B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the
City.
C. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph
A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi
service to and from the attendee's home and airport, destination or airport parking charges,
taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a
personal automobile for City business shall be reimbursed or advanced at the rate per mile
in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being
used for getting to the destination. Government or group rates offered by a provider of
transportation must be used when available.
Reimbursement or advances for use of a personal automobile on City business within a local area
will not be made so as to supplement that already being paid to those persons receiving a monthly
mileage allowance.
D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity defined
in this policy will be reimbursed or advanced if the lodging and event occurs outside of the
local area. Not covered will be lodging expenses related to person(s) who are accompanying the
City member, but who themselves are not on City business. In this instance, for example,
the difference between single and multiple occupancy rates for a room will not be reimbursed.
Where the lodging is in connection with a conference or other organized educational activity,
City-paid lodging costs shall not exceed the maximum group rate published by the conference or
activity sponsor, providing that lodging at the group rate is available at the time of booking. If
the group rate at the conference hotel is not available, then the non-conference lodging policy
described in the next paragraph should be followed to find another comparable hotel.
5
Where lodging is necessary for an activity that is not related to a conference or other
organized educational activity, reimbursement or advances shall be limited to the actual cost
of the room at a group or government rate. In the event that a group or government rate is
not available, lodging rates that do not exceed the median price for lodging for that area and time
period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent
service shall be eligible for reimbursement or advancement.
E. Meals
1. With No Conference
Payments toward or reimbursement of meals related to authorized activities or events
shall be at the Internal Revenue Service per diem rate for meals and incidental expenses
for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General
Services Administration. The per diem shall be split among meals as reasonably desired
and reduced accordingly for less than full travel days. If per diem is claimed, no receipts
are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard
of reasonableness, but receipts must be kept and submitted for the expense incurred.
2. As Part of a Conference
When City personnel are attending a conference or other organized educational activity, they
shall be reimbursed or advanced for meals not provided by the activity, on a per diem
or actual cost basis. The per diem and actual cost rate shall follow the rule s described
in the meals with no conference paragraph.
F. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the actual
costs consistent with the application of reasonable standards.
Other reasonable expenses related to business purposes shall be paid consistent with this policy.
No payments shall be made unless, where available, receipts are kept and submitted for all
expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed
upon signing of an affidavit of expenditure.
No payment shall be made for any expenses incurred which are of a personal nature or not
within a standard of reasonableness for the situation as may be defined by the Finance
Department.
G. Non-Reimbursable Expenses
The City will not reimburse or advance payment toward expenses including, but not
limited to:
1. The personal portion of any trip;
6
2. Political or charitable contributions or events;
3. Family expenses, including those of a partner when accompanying the employee on City-
related business, as well as child or pet-related expenses;
4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa
treatments, etc.
5. Gifts of any kind for any purpose;
6. Service club meals;
7. Alcoholic beverages;
8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic
citations; and
9. Personal losses incurred while on City business.
IV ATTENDANCE
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions
shall not exceed the budgetary limitations.
V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.
B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions,
will be appropriated annually through the budget process.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance
to cover anticipated expenses while traveling or doing business on the City's behalf. Such request
for an advance should be submitted to their supervisor no less than seven days prior to the need
for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated
amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and
3) The dates of the expenditure. An accounting of expenses and return of any unused advance
must be reported to the City within 30 calendar days of the employee's return on the expense
report described in Section VII.
7
VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received from the City
Manager must be approved by the City Attorney , on forms determined by the Administrative
Services Department, within 30 calendar days of an expense incurred, and accompanied by
a business purpose for all expenditures and a receipt for each non- per diem item. All
expense reimbursement requests or final accounting of advances received from the City Attorney
must be approved by the City Manager, on forms determined by the Administrative Services
Department, within 30 calendar days of an expense incurred, and accompanied by a business
purpose for all expenditures and a receipt for each non- per diem item.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020 , November 2023
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4
8
AUTOMOBILE ALLOWANCES AND
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that under this Compensation Program the City Manager
shall be compensated fairly for the use of personal automotive vehicles on City business. In
many instances the use of personal vehicles is a condition of employment due to the absence
of sufficient City owned vehicles for general transportation purposes. It is not intended, however,
that such a condition of employment should work an undue hardship. For this reason, the following
policies shall apply for mileage reimbursements.
Those persons who occasionally are required to use their personal automobiles for City
business shall be reimbursed for such use at an appropriate rate established by the City Council.
Submission of reimbursement requests must be approved by the City Council.
The City Manager shall be paid a monthly automobile allowance of $500.
The City Attorney shall be paid a monthly automobile allowance of $350.
Employees receiving automobile allowance shall be eligible for reimbursement for travel that
exceeds two hundred miles round trip.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
Revised November 6, 2017
Revised August, 18, 2020
Revised June 15, 2021, November 16, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5
9
ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy under this Compensation Program that the City Manager and City
Attorney shall be entitled to City sponsored association memberships as well as receiving subscriptions
to professional and technical publications. Such sponsorship, however, shall be conditioned upon the
several factors as set forth below.
Each association for which membership is claimed must be directly related to the field of
endeavor of the person to be benefited.
Subscriptions to or purchase of professional and technical publications may be provided at City
expense providing the subject matter and material generally contained therein are related to municipal
governmental operations.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, June 15,
2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
10
OVERTIME WORKED
Management employees are ineligible for overtime payments for time worked in excess
of what otherwise would be considered as a normal work day or work week for other employees.
However, no deduction from leave balances are made when such an employee is absent for less
than a regular work day as long as the employee has his/her supervisor's approval. Nothing in
this policy precludes the alternative work schedule, which may include an absence of a full eight hour
day, when forty hours have been worked in the same seven day work period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
11
HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance
under which eligible persons under this Compensation Program and their dependents may
be covered. The purpose of this program is to promote and preserve the health of
employees and their families through comprehensive health plans available only through
employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate responsibility
of the employee in these positions, the City shall contribute the amounts listed below
towards the premium or pay the full cost of the premium if less than the stated amounts.
Effective July 1, 2025, the City shall contribute toward premium cost the following amount
per month.
July 1, 2025 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee $1,112.90 $114.30 $1,227.20
Employee + 1 $2,225.80 $114.30 $2,340.10
Employee + 2 $2,893.54 $114.30 $3,007.84
With regards to any change in the monthly medical plan premium charged by CalPERS in
the plan years subsequent to 2025 (specifically, the CalPERS healthcare rate increases
effective January 1, 2026, January 1, 2027 and January 1, 2028), the City’s maximum
contributions shall be tied to the CalPERS Kaiser Permanente plan increases and shall be
capped at no more than 20% of any such total increase in aggregate between 2025 – 2028.
Any required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee.
Appointed employees in the City Manager and City Attorney positions will have immediate
vesting of retiree medical benefits, subject to said employee retiring from City service and
CalPERS.
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
12
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016, July 2019; December 2019, June 15, 2021, November
16, 2021 , November 7, 2023, September 3, 2025
13
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8
FIXED HOLIDAYS
It is the policy of the City of Cupertino to recognize days of historical and national
significance as holidays of the City without loss of pay or benefits. Recognizing the desirable
times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of
holidays for management and confidential employees at such times as are convenient for each
employee and supervisor, when such policy is compatible with the workload and schedule of the City.
The City provides the following fixed paid holidays for eligible employees covered by this
agreement:
1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Lunar New Year
5. Cesar Chavez Day
6. Memorial Day
7. Juneteenth
8. Independence Day
9. Labor Day
10. Veteran's Day
11. Thanksgiving Day
12. Day Following Thanksgiving
13. Christmas Eve
14. Christmas Day
15. New Year's Eve
When a holiday falls on a Sunday, the following Monday shall be observed as the non-work day.
When a holiday falls on a Saturday, the previous Friday shall be observed as the non-work day.
FLOATING HOLIDAY
In addition to the paid holidays, employees occupying these positions shall be provided 20 floating
hours per calendar year as non-work time with full pay and benefits. Employees may accumulate
floating holiday hours up to two times their annual accrual. For Calendar Year 2023, Appointed
employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, November 2023
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9
14
LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY INSURANCE
It is the policy of the City of Cupertino to make available group insurance for eligible persons under
this Compensation Program that will mitigate the personal and family financial hardships resulting
from continuing disability that prevents an employee from performing gainfully in his or her
occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an
amount of two and one half times the employee's annual salary to a maximum of $250,000.00
The City Manager and City Attorney will participate in California State Disability Insurance (SDI).
SDI weekly benefits are determined by the State of California and information is available on the State
of California Employment Development Department website. Employee may use leave banks to
supplement lost salary during the 7-day elimination period. City Manager and City Attorney shall pay
the employee contribution rate of CA SDI, which will be deducted from their biweekly paychecks.
The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection
coverage shall be up to $7,000 of covered monthly salary. City Manager and City Attorney may use
sick leave and/or vacation leave to supplement lost salary during the 90 day elimination period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016, July 2019, August 18, 2020,
June 15, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10
15
DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and
reasonable retirement security for eligible persons under this Compensation Program for services
performed for the City. The City participates in the California Public Employees' Retirement System
(PERS) and deferred compensation plans have been established. Both the employee and employer
may make contributions from current earnings to these plans. The purpose of this policy is to
promote means by which compensation may be provided in such manner and form to best meet
the requirements of the City and the needs of individual employees, thereby increasing the
ability, to attract and retain competent employees.
The City shall maintain and administer means by which employees in these positions may
defer portions of their current earnings for future utilization. Usage of such plans shall be subject
to such agreements, rules and procedures as are necessary to properly administer each plan. Employee
contributions to such plans may be made in such amounts as felt proper and necessary to the
employee. Employer contributions shall be as determined by the City Council.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
16
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:
For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a
2.7% @55 formula.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of applicable
salary of the employee’s contribution towards CalPERS.
B. For Employees hired by the City of Cupertino on December 30, 2012 or December 31,
2012 or a current CalPERS employee who qualifies as a classic member under CalPERS
Regulations Only:
For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a
current CalPERS employee who qualifies as a classic member under CalPERS Regulations only
the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average
compensation.
Effective October 1, 2016, the City shall not pay the employee’s contribution rate to the California
Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of
applicable salary of the employee’s contribution towards CalPERS.
C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not
qualify as Classic members Only:
For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify
as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62
formula, three year average and employees in this category shall pay 50% of the normal cost rate
as determined by CalPERS.
Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12
17
DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which eligible persons
under this Compensation Program and their dependents may be covered. The purpose of this
program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $114.30* per month
per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in
accordance with Personnel Rules of the City and the provisions of the contract for such insurance
between the City and carrier or carriers.*Dental Coverage: Effective the first month after Council
adoption of agreement, dental coverage is capped at $2,500.00 per dependent per annual plan year for
the term of this contract.
Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019, July 19, 2022
18
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
Eligible persons under this Compensation Program shall accrue eighty (80) hours of
administrative leave with pay per year.
Employees may accumulate administrative leave hours up to two times their annual
accrual.
Employees shall be eligible to convert administrative leave hours to pay one time each
calendar year.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016; July 2019, November 16, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14
19
EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for
the benefit of eligible persons under this Compensation Program and their eligible dependents.
The purpose of this program is to provide professional assistance and counseling concerning financial,
legal, pre-retirement, and other matters of a personal nature.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
City of Cupertino
20
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to eligible persons under this Compensation Program
pursuant to Resolution No. 15-092 as amended.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015; July 2019
City of Cupertino
21
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
VISION INSURANCE — EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees
and their dependents may be covered. The purpose of this program is to promote and preserve the
health of employees.
The premium cost for the insurance provided by the City shall not exceed $14.94 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with the provisions of the contract between the City and carrier or carriers providing
vision insurance coverage,
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012; December 18, 2012
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17
22
EDUCATION REIMBURSEMENT PROGRAM
It is the intent of the City to recognize the value of continuing education and professional
development of its employees; and to adopt an Education Reimbursement Program which will
encourage employees to avail themselves of City job related educational opportunities that will
advance their knowledge and interests in the direction of their career path. Courses should
either: a) maintain or improve job skills in the employee’s current position; b) be expressly
required by the City or by law; or c) prepare the employee to become a competitive applicant
for a different position with the City.
The Education Reimbursement Program is a benefit to all eligible, full time benefited
employees and provides education reimbursement of up to two thousand dollars ($2,000) per
calendar year for the cost of registration, required textbooks and/or materials and parking.
Employees who wish to seek reimbursement from the City for educational program costs shall
provide a written request for reimbursement in advance of enrollment to the Human Resources
Division. The form provided shall include the type of training, sponsoring organization or
institution, meeting times and costs. Human Resources and the employee’s department head
will make the determination if the chosen education program is eligible for reimbursement.
No employee shall receive any reimbursement until they have provided satisfactory proof of
successful completion of the coursework with a grade of “C” or above, or “Pass” in the case of
a Pass/Fail course. Such proof of completion shall be provided within 30 days of the conclusion
of the course.
Education reimbursement is a taxable benefit under IRS Code. Education reimbursement will
be applied to the calendar year in which the course is passed and satisfactory proof of
completion is submitted.
Mandatory or annual coursework, attendance at conferences and training required to maintain
job specific certifications or proficiencies are not included in the Education Reimbursement
Program.
Adopted by Action of the City Council July 16, 2019
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18
23
CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Eligible appointed employees shall have the privilege of enrollment in City sponsored
recreation programs at the City residents’ fee structure and in preference to non-residents
wishing to enroll. Each calendar year, employees and family members on the employee’s
dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees
shall be reimbursed for approved recreation services in accordance with the City’s Recreation
Buck Policies. Programs allowing for preregistration will be reimbursed after completion of
the program, including those allowing for or requiring preregistration in the calendar year prior
to reimbursement. Reimbursements shall be applied to the year in which they are received.
Benefited employees will also receive a free employee-only annual Cupertino Sports Center
membership. Part-time benefited employees will have the annual amount of Recreation Bucks
prorated based on number of hours worked. Recreation Bucks are a taxable benefit under IRS
Code, and must be used by the employee within the calendar year and are non-transferrable.
City employees are eligible to participate in the City’s wellness program as provided for in the
City’s Administrative Rules and Regulations.
Adopted by Action of the City Council July 16, 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
24
EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees whose
positions are exempt under the provisions of the Cupertino Municipal Code, are set forth
below. Only the City Council can modify these rates.
Monthly Salary Effective June 3, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $19,916.67
Monthly Salary Effective June 3, 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
Monthly Salary Effective June 15, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective January 3, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,000.00
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective July 20, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,833.33
City Attorney $0 $0 $0 $0 $23,333.33
25
Monthly Salary Effective August 29, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective the First Full Pay Period of July, 2023
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective December 3, 2024
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
Monthly Salary Effective May 2, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
Interim City Manager $0 $0 $0 $0 $24,583.33
Monthly Salary Effective July 15, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Interim City Manager $0 $0 $0 $0 $25,812.50
City Attorney $0 $0 $0 $0 $25,875.00
Monthly Salary Effective November 18, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $27,250.00
City Attorney $0 $0 $0 $0 $25,875.00
1
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter defined
and designated as appointed management employees by the City Council in the City Manager's Office
and the City Attorney’s Office shall be eligible for participation in the Appointed Employees'
Compensation Program as hereby adopted by action of the City Council and as same may be amended
or as otherwise modified from time to time.
Eligibility for inclusion in this Compensation program is limited to persons appointed by
the City Council and holding positions as management employees in the City Manager’s Office
and the City Attorney’s Office, as defined under section 2.52.290 of the Cupertino Municipal
Code. Eligible persons are designated by the Appointing Authority and may be modified as
circumstances warrant.
Although subject to change in accordance with the Personnel Code, the positions in the
following classifications have been designated as appointed employees.
MANAGEMENT CLASSIFICATIONS:
Classification Title
City Manager
City Attorney
In the event of any inconsistency between the Compensation Program and any Employment
Contracts, the provisions of the Employment Contract and any amendments thereto control.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated for services rendered to and on behalf of the City on the basis of equitable pay
for duties and responsibilities assigned, meritorious service and comparability with similar work
in other public and private employment in the same labor market; all of which is contingent upon the
City's ability to pay consistent with its fiscal policies. The City Manager and City Attorney salaries
will be set by contract.
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017, November 6, 2017, January 7, 2019,
July 16, 2019, August 18, 2020, November 16, 2021, July 19, 2022, December 3, 2024, July 15,
2025, September 3, 2025, November 18, 2025
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3
3
TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be reimbursed or receive advances in accordance with the schedules, terms and conditions
as set forth herein for attendance at conferences, meetings and training sessions as defined below
for each. It is the intent of this policy to encourage the continuing education and awareness of said
persons in the technical improvements and innovations in their fields of endeavor as they apply
to the City or to implement a City approved strategy for attracting and retaining businesses
in the City. One means of implementing this encouragement is through a formal reimbursement
and advance schedule for authorized attendance at such conferences, meetings and training
sessions.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may
be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile
distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the
purpose of obtaining information of a work related nature to benefit the City's operations or
to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities.
4
III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest
possible cost to the City for traveling on City business. For example, if paying for parking at the
airport is less expensive that paying for a taxi or air port shuttle, then the employee should drive
their car and park at the airport; or if renting a car is lower than taking taxis at the out -of-town
location, then a car should be rented; or air reservations should be booked in advance to obtain
discounted fares. The following procedures apply whether the expense is being paid through a
reimbursement or a direct advance.
B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the
City.
C. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph
A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi
service to and from the attendee's home and airport, destination or airport parking charges,
taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a
personal automobile for City business shall be reimbursed or advanced at the rate per mile
in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being
used for getting to the destination. Government or group rates offered by a provider of
transportation must be used when available.
Reimbursement or advances for use of a personal automobile on City business within a local area
will not be made so as to supplement that already being paid to those persons receiving a monthly
mileage allowance.
D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity defined
in this policy will be reimbursed or advanced if the lodging and event occurs outside of the
local area. Not covered will be lodging expenses related to person(s) who are accompanying the
City member, but who themselves are not on City business. In this instance, for example,
the difference between single and multiple occupancy rates for a room will not be reimbursed.
Where the lodging is in connection with a conference or other organized educational activity,
City-paid lodging costs shall not exceed the maximum group rate published by the conference or
activity sponsor, providing that lodging at the group rate is available at the time of booking. If
the group rate at the conference hotel is not available, then the non-conference lodging policy
described in the next paragraph should be followed to find another comparable hotel.
5
Where lodging is necessary for an activity that is not related to a conference or other
organized educational activity, reimbursement or advances shall be limited to the actual cost
of the room at a group or government rate. In the event that a group or government rate is
not available, lodging rates that do not exceed the median price for lodging for that area and time
period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent
service shall be eligible for reimbursement or advancement.
E. Meals
1. With No Conference
Payments toward or reimbursement of meals related to authorized activities or events
shall be at the Internal Revenue Service per diem rate for meals and incidental expenses
for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General
Services Administration. The per diem shall be split among meals as reasonably desired
and reduced accordingly for less than full travel days. If per diem is claimed, no receipts
are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard
of reasonableness, but receipts must be kept and submitted for the expense incurred.
2. As Part of a Conference
When City personnel are attending a conference or other organized educational activity, they
shall be reimbursed or advanced for meals not provided by the activity, on a per diem
or actual cost basis. The per diem and actual cost rate shall follow the rule s described
in the meals with no conference paragraph.
F. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the actual
costs consistent with the application of reasonable standards.
Other reasonable expenses related to business purposes shall be paid consistent with this policy.
No payments shall be made unless, where available, receipts are kept and submitted for all
expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed
upon signing of an affidavit of expenditure.
No payment shall be made for any expenses incurred which are of a personal nature or not
within a standard of reasonableness for the situation as may be defined by the Finance
Department.
G. Non-Reimbursable Expenses
The City will not reimburse or advance payment toward expenses including, but not
limited to:
1. The personal portion of any trip;
6
2. Political or charitable contributions or events;
3. Family expenses, including those of a partner when accompanying the employee on City-
related business, as well as child or pet-related expenses;
4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa
treatments, etc.
5. Gifts of any kind for any purpose;
6. Service club meals;
7. Alcoholic beverages;
8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic
citations; and
9. Personal losses incurred while on City business.
IV ATTENDANCE
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions
shall not exceed the budgetary limitations.
V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.
B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions,
will be appropriated annually through the budget process.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance
to cover anticipated expenses while traveling or doing business on the City's behalf. Such request
for an advance should be submitted to their supervisor no less than seven days prior to the need
for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated
amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and
3) The dates of the expenditure. An accounting of expenses and return of any unused advance
must be reported to the City within 30 calendar days of the employee's return on the expense
report described in Section VII.
7
VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received from the City
Manager must be approved by the City Attorney , on forms determined by the Administrative
Services Department, within 30 calendar days of an expense incurred, and accompanied by
a business purpose for all expenditures and a receipt for each non- per diem item. All
expense reimbursement requests or final accounting of advances received from the City Attorney
must be approved by the City Manager, on forms determined by the Administrative Services
Department, within 30 calendar days of an expense incurred, and accompanied by a business
purpose for all expenditures and a receipt for each non- per diem item.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020 , November 2023
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4
8
AUTOMOBILE ALLOWANCES AND
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that under this Compensation Program the City Manager
shall be compensated fairly for the use of personal automotive vehicles on City business. In
many instances the use of personal vehicles is a condition of employment due to the absence
of sufficient City owned vehicles for general transportation purposes. It is not intended, however,
that such a condition of employment should work an undue hardship. For this reason, the following
policies shall apply for mileage reimbursements.
Those persons who occasionally are required to use their personal automobiles for City
business shall be reimbursed for such use at an appropriate rate established by the City Council.
Submission of reimbursement requests must be approved by the City Council.
The City Manager shall be paid a monthly automobile allowance of $500.
The City Attorney shall be paid a monthly automobile allowance of $350.
Employees receiving automobile allowance shall be eligible for reimbursement for travel that
exceeds two hundred miles round trip.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
Revised November 6, 2017
Revised August, 18, 2020
Revised June 15, 2021, November 16, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5
9
ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy under this Compensation Program that the City Manager and City
Attorney shall be entitled to City sponsored association memberships as well as receiving subscriptions
to professional and technical publications. Such sponsorship, however, shall be conditioned upon the
several factors as set forth below.
Each association for which membership is claimed must be directly related to the field of
endeavor of the person to be benefited.
Subscriptions to or purchase of professional and technical publications may be provided at City
expense providing the subject matter and material generally contained therein are related to municipal
governmental operations.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, June 15,
2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
10
OVERTIME WORKED
Management employees are ineligible for overtime payments for time worked in excess
of what otherwise would be considered as a normal work day or work week for other employees.
However, no deduction from leave balances are made when such an employee is absent for less
than a regular work day as long as the employee has his/her supervisor's approval. Nothing in
this policy precludes the alternative work schedule, which may include an absence of a full eight hour
day, when forty hours have been worked in the same seven day work period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
11
HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance
under which eligible persons under this Compensation Program and their dependents may
be covered. The purpose of this program is to promote and preserve the health of
employees and their families through comprehensive health plans available only through
employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate responsibility
of the employee in these positions, the City shall contribute the amounts listed below
towards the premium or pay the full cost of the premium if less than the stated amounts.
Effective July 1, 2025, the City shall contribute toward premium cost the following amount
per month.
July 1, 2025 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee $1,112.90 $114.30 $1,227.20
Employee + 1 $2,225.80 $114.30 $2,340.10
Employee + 2 $2,893.54 $114.30 $3,007.84
With regards to any change in the monthly medical plan premium charged by CalPERS in
the plan years subsequent to 2025 (specifically, the CalPERS healthcare rate increases
effective January 1, 2026, January 1, 2027 and January 1, 2028), the City’s maximum
contributions shall be tied to the CalPERS Kaiser Permanente plan increases and shall be
capped at no more than 20% of any such total increase in aggregate between 2025 – 2028.
Any required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee.
Appointed employees in the City Manager and City Attorney positions will have immediate
vesting of retiree medical benefits, subject to said employee retiring from City service and
CalPERS.
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
12
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016, July 2019; December 2019, June 15, 2021, November
16, 2021 , November 7, 2023, September 3, 2025
13
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8
FIXED HOLIDAYS
It is the policy of the City of Cupertino to recognize days of historical and national
significance as holidays of the City without loss of pay or benefits. Recognizing the desirable
times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of
holidays for management and confidential employees at such times as are convenient for each
employee and supervisor, when such policy is compatible with the workload and schedule of the City.
The City provides the following fixed paid holidays for eligible employees covered by this
agreement:
1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Lunar New Year
5. Cesar Chavez Day
6. Memorial Day
7. Juneteenth
8. Independence Day
9. Labor Day
10. Veteran's Day
11. Thanksgiving Day
12. Day Following Thanksgiving
13. Christmas Eve
14. Christmas Day
15. New Year's Eve
When a holiday falls on a Sunday, the following Monday shall be observed as the non-work day.
When a holiday falls on a Saturday, the previous Friday shall be observed as the non-work day.
FLOATING HOLIDAY
In addition to the paid holidays, employees occupying these positions shall be provided 20 floating
hours per calendar year as non-work time with full pay and benefits. Employees may accumulate
floating holiday hours up to two times their annual accrual. For Calendar Year 2023, Appointed
employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, November 2023
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9
14
LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY INSURANCE
It is the policy of the City of Cupertino to make available group insurance for eligible persons under
this Compensation Program that will mitigate the personal and family financial hardships resulting
from continuing disability that prevents an employee from performing gainfully in his or her
occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an
amount of two and one half times the employee's annual salary to a maximum of $250,000.00
The City Manager and City Attorney will participate in California State Disability Insurance (SDI).
SDI weekly benefits are determined by the State of California and information is available on the State
of California Employment Development Department website. Employee may use leave banks to
supplement lost salary during the 7-day elimination period. City Manager and City Attorney shall pay
the employee contribution rate of CA SDI, which will be deducted from their biweekly paychecks.
The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection
coverage shall be up to $7,000 of covered monthly salary. City Manager and City Attorney may use
sick leave and/or vacation leave to supplement lost salary during the 90 day elimination period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016, July 2019, August 18, 2020,
June 15, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10
15
DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and
reasonable retirement security for eligible persons under this Compensation Program for services
performed for the City. The City participates in the California Public Employees' Retirement System
(PERS) and deferred compensation plans have been established. Both the employee and employer
may make contributions from current earnings to these plans. The purpose of this policy is to
promote means by which compensation may be provided in such manner and form to best meet
the requirements of the City and the needs of individual employees, thereby increasing the
ability, to attract and retain competent employees.
The City shall maintain and administer means by which employees in these positions may
defer portions of their current earnings for future utilization. Usage of such plans shall be subject
to such agreements, rules and procedures as are necessary to properly administer each plan. Employee
contributions to such plans may be made in such amounts as felt proper and necessary to the
employee. Employer contributions shall be as determined by the City Council.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
16
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:
For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a
2.7% @55 formula.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of applicable
salary of the employee’s contribution towards CalPERS.
B. For Employees hired by the City of Cupertino on December 30, 2012 or December 31,
2012 or a current CalPERS employee who qualifies as a classic member under CalPERS
Regulations Only:
For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a
current CalPERS employee who qualifies as a classic member under CalPERS Regulations only
the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average
compensation.
Effective October 1, 2016, the City shall not pay the employee’s contribution rate to the California
Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of
applicable salary of the employee’s contribution towards CalPERS.
C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not
qualify as Classic members Only:
For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify
as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62
formula, three year average and employees in this category shall pay 50% of the normal cost rate
as determined by CalPERS.
Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12
17
DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which eligible persons
under this Compensation Program and their dependents may be covered. The purpose of this
program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $114.30* per month
per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in
accordance with Personnel Rules of the City and the provisions of the contract for such insurance
between the City and carrier or carriers.*Dental Coverage: Effective the first month after Council
adoption of agreement, dental coverage is capped at $2,500.00 per dependent per annual plan year for
the term of this contract.
Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019, July 19, 2022
18
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
Eligible persons under this Compensation Program shall accrue eighty (80) hours of
administrative leave with pay per year.
Employees may accumulate administrative leave hours up to two times their annual
accrual.
Employees shall be eligible to convert administrative leave hours to pay one time each
calendar year.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016; July 2019, November 16, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14
19
EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for
the benefit of eligible persons under this Compensation Program and their eligible dependents.
The purpose of this program is to provide professional assistance and counseling concerning financial,
legal, pre-retirement, and other matters of a personal nature.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
City of Cupertino
20
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to eligible persons under this Compensation Program
pursuant to Resolution No. 15-092 as amended.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015; July 2019
City of Cupertino
21
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
VISION INSURANCE — EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees
and their dependents may be covered. The purpose of this program is to promote and preserve the
health of employees.
The premium cost for the insurance provided by the City shall not exceed $14.94 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with the provisions of the contract between the City and carrier or carriers providing
vision insurance coverage,
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012; December 18, 2012
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17
22
EDUCATION REIMBURSEMENT PROGRAM
It is the intent of the City to recognize the value of continuing education and professional
development of its employees; and to adopt an Education Reimbursement Program which will
encourage employees to avail themselves of City job related educational opportunities that will
advance their knowledge and interests in the direction of their career path. Courses should
either: a) maintain or improve job skills in the employee’s current position; b) be expressly
required by the City or by law; or c) prepare the employee to become a competitive applicant
for a different position with the City.
The Education Reimbursement Program is a benefit to all eligible, full time benefited
employees and provides education reimbursement of up to two thousand dollars ($2,000) per
calendar year for the cost of registration, required textbooks and/or materials and parking.
Employees who wish to seek reimbursement from the City for educational program costs shall
provide a written request for reimbursement in advance of enrollment to the Human Resources
Division. The form provided shall include the type of training, sponsoring organization or
institution, meeting times and costs. Human Resources and the employee’s department head
will make the determination if the chosen education program is eligible for reimbursement.
No employee shall receive any reimbursement until they have provided satisfactory proof of
successful completion of the coursework with a grade of “C” or above, or “Pass” in the case of
a Pass/Fail course. Such proof of completion shall be provided within 30 days of the conclusion
of the course.
Education reimbursement is a taxable benefit under IRS Code. Education reimbursement will
be applied to the calendar year in which the course is passed and satisfactory proof of
completion is submitted.
Mandatory or annual coursework, attendance at conferences and training required to maintain
job specific certifications or proficiencies are not included in the Education Reimbursement
Program.
Adopted by Action of the City Council July 16, 2019
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18
23
CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Eligible appointed employees shall have the privilege of enrollment in City sponsored
recreation programs at the City residents’ fee structure and in preference to non-residents
wishing to enroll. Each calendar year, employees and family members on the employee’s
dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees
shall be reimbursed for approved recreation services in accordance with the City’s Recreation
Buck Policies. Programs allowing for preregistration will be reimbursed after completion of
the program, including those allowing for or requiring preregistration in the calendar year prior
to reimbursement. Reimbursements shall be applied to the year in which they are received.
Benefited employees will also receive a free employee-only annual Cupertino Sports Center
membership. Part-time benefited employees will have the annual amount of Recreation Bucks
prorated based on number of hours worked. Recreation Bucks are a taxable benefit under IRS
Code, and must be used by the employee within the calendar year and are non-transferrable.
City employees are eligible to participate in the City’s wellness program as provided for in the
City’s Administrative Rules and Regulations.
Adopted by Action of the City Council July 16, 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
24
EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees whose
positions are exempt under the provisions of the Cupertino Municipal Code, are set forth
below. Only the City Council can modify these rates.
Monthly Salary Effective June 3, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $19,916.67
Monthly Salary Effective June 3, 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
Monthly Salary Effective June 15, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective January 3, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,000.00
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective July 20, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,833.33
City Attorney $0 $0 $0 $0 $23,333.33
25
Monthly Salary Effective August 29, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective the First Full Pay Period of July, 2023
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective December 3, 2024
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
Monthly Salary Effective May 2, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
Interim City Manager $0 $0 $0 $0 $24,583.33
Monthly Salary Effective July 15, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Interim City Manager $0 $0 $0 $0 $25,812.50
City Attorney $0 $0 $0 $0 $25,875.00
Monthly Salary Effective November 18, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $27,250.00
City Attorney $0 $0 $0 $0 $25,875.00
FOR IMMEDIATE RELEASE CONTACT:
November 19, 2025 samanthal@cupertino.gov
City Council Appoints Tina Kapoor as New City Manager
Cupertino, CA — November 19 – The Cupertino City Council appointed Tina Kapoor as Cupertino’s new
City Manager on Tuesday evening, making permanent the City Council’s decision to appoint Kapoor as
Interim City Manager in May 2025.
Kapoor brings almost 25 years of local government experience to the role, rising from an entry-level job
through positions of progressively increasing responsibility in the cities of San Jos é, Fremont, and
Cupertino. Prior to her appointment as Interim City Manager, she served as Cupertino’s Interim Assistant
City Manager, Deputy City Manager, and Economic Development Manager, where she played key roles in
strategic planning, community engagement, organizational development, and strengthening Cupertino’s
local business landscape.
Before joining Cupertino, Kapoor led major economic development initiatives in the cities of Fremont and
San José, supporting business growth, downtown revitalization, and workforce development. Her
reputation for collaborative leadership, creativity, and community-centered problem-solving has earned
her recognition from the Silicon Valley Business Journal as a Woman of Influence in Silicon Valley.
Kapoor immigrated to the United States from India in 1999 and is Cupertino’s first Indian American City
Manager.
“Tina Kapoor’s experience, work ethic, and leadership make her exceptionally well-suited to guide
Cupertino forward,” said Mayor Liang Chao. “Tina has been a great partner for the City Council since she
was appointed Interim City Manager, and I look forward to working with her to continue to strengthen our
organization.”
As City Manager, Kapoor will oversee all municipal operations, implement City Council policy direction,
and continue advancing Cupertino’s priorities.
“I’m honored to serve as Cupertino’s City Manager,” Kapoor said. “I look forward to supporting our strong
City team and collaborating with Council and the community to maintain the high level of service that the
City provides to our residents while developing a vision for the City’s future.” Kapoor assumed the
permanent City Manager role effective November 19.
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