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Ordinance 106ORDINANCE N0. 106 AN ORDINANCE OF THE CITY OF CUPEF'TINO CREATING AND ESTABLISHING THE COUNCIL-CITY MANAGER FORM OF GOVF;RNMENT FOR SAID CITY: DESCRIBING THE POWERS AND DUTIES OF THE CITY MANAGER: SETTING FORTH HIS CON- DITIONS OF EMPLOYMENT AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. OFFICE CREATED The office of City Manager of the City of Cupertino is hereby created and established. The City Manager shall be appointed by the City Council on the basis of his experience, administrative and executive ability. He shall hold office at and during the pleasure of the City Council. Section 2. RESIDENCE REQUIREMENT Residence in the City of Cupertino at the time of appointment shall not 'oe required as a condition of appointment, but within 180 days there after the City Manager must become a resident of the City of Cupertino, unless qualifiedly impossible or the City Council shall declare the office of the City Manager to be vacant. Section 3. ELIGIBILITY AND FURNISHING BOND A. No person elected or appointed as a Councilman of the City shall, su'psequent to taking office as Councilman, be eligible for appointment as City Manager until one year has elapsed after such Council member shall have ceased to be a member of the City Council. B. The City Manager shall furnish a corporate surety bond to the City of Cupertino conditioned upon the faithful performance of his duties in the penal sum to be fixed by the City Council. The premium for said bond shall 'oe paid by the City. Section ~~. MANAGER' S POWERS AND DUTIES The City Manager shall 'pe the administrative head of the City Government acting under the direction and control of the City Council except as otherwise provided in this Ordinance. In addition to his general potivers as chief administrator, and not as a limitation thereon, he shall have the powers and duties set forth in the following su'psections: (a) To see that all laws and ordinances of the City are duly enforced and that all franchises, permits, licenses and privileges granted by City are faithfully performed and observed. (b) To control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads; and to transfer employees from one department to another. (c) The services and facilities of the City Clerk, City Treasurer, and the City Attorney shall be made available to the City Manager, to the same extend and in the same manner that said services are available to the City Council. (d) To appoint, discipline ~.nd dismiss any and all officers and employees of the City of Cupertino 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 of California; provided, however, that he shall not have the power to remove or dismiss a Department Head until such person has been notified in writing by the Manager of his intention to remove him at least fifteen days before the effective date of his removal. Within ten days after receiving such notice, a Department Head may request a closed hearing before the City Council at which hearing he shall have an opportunity to answer the reasons given for his removal. Depart- ment Head as used in this paragraph shall include the Chief of Police, Fire Chief, City Engineer, Superintendent of Public Works, City Clerk, Building Officials an~~. such other Department Heads as may be established in the future by the City Council. At the hearing the City Council can overrule the action of the City Manager only by the affirmative vote of four members. The power to appoint given in the preceding paragraph does not include the power to create a new office or new position. (e) To attend all meetings of the City Council unless excused therefrom by the City Council. (f) To recommend to the City Council for adopted such measures and ordinances as he deems necessary or expedient. (g) To keep the City Council at all times fully advised as to the financial conditions and needs of the City. (h) To prepare and submit to the City Council the annual budget and to administer it after adoption. (i) To purchase or cause to be purchased all supplies for all of the departments or divisions of the City. No expenditures sY~a.ll be supmitted or recommended to the City Council except on report and approval of the City Manager. (j) 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. (k) 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. (1) 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. (m) To devote his entire working time, thought and energy to the duties and interests of the City. (n) To receive and open all official mail and communications addressed either to the Mayor or to the City Council. (o) To make reports and initiate recommendations as may be desirable or as requested by the City Council. (p) To perform such other duti es from time to time by ordinance, resolution or other action of the City Council. Section 5. COUNCIL-MANAGER RELATIONS The City Council and its members shall deal with the admin- istrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. The City Manager shall take his orders and instructions from the City Council only when given at a duly held meeting of the City Council, and no individual councilman shall give any orders or instructions to the City Manager. Section 6. AT'~ENDANCE AT COMMISSION MEETINGS The City Manager may attend any and all meetings of any commission or board heretofore or hereafyer created by the City Council, upon his own volition or upon direction of the City Council. At any such meetings at which the City Manager attends, he shall inform said members as to the status of any matter being considered by the City Council. He shall cooperate fully with the members of all commissions, boards or committees appointed by the City Council. Section 7. TEMPORARY ABSENCE In the event of the temporary absence or disability of the City Manager, the City Council may designate some duly qualified person to perform the duties of City Manager during the period of his absence or disability; providedy however, that such person furnishes a surety bond as set forth in Section 3 hereof. Section 8. COMPENSATION AND REIMBURSEMENT a The compensation of the City Manager, as well as pro- visions for his vacation time shall be determined by resolution of the City Council. (b) The City Manager shall be reimbursed for all legitimate expenses paid by him in the conduct of City business, including traveling expenses outside the City Limits. Section SUSPENSION REMOVAL A.ND RESIGNATION a The removal of the it~~ Manager shall be only upon a four fifths vote of the City Council. A Resolution of Intention to remove the City Manager shall first be passed at any regular or special meeting of the Council.. The Resolution shall specify the reason or reasons for said removal and state whether the Manager is to be suspended from r~is duties upon passage of the Resolution. It shall also state a date and hour for a hearing at a regular or special meeting of the Council to be held at the usual meeting place of the Council. The hearing date shall be no less than two weeks nor more than four weeks from the date of passage of the Resolution. With3.n one week after passage of the Resolution, a copy thereof shall either be served personally upon the City Manager or sent to him ~~y registered mail, return receipt requested, at his last known addx~ess. Said hearing shall be open to the public if the City Manager so requests in writing by notifying the City Clerk at least seven days before the date set for the hearing. (b) At the time set for the hearing, the City Manager shall have an opportunity to answer the reason or reasons given for his removal. Nothing herein contained, however, shall be con- strued to require the Council or any of its members to substantiate or prove the reason or reasons for said removal as a condition of said removal, it being the intention of the Council that said City Manager shall hold office only at the discretion of th e Council and may be removed at any time by following the procedure set forth in this Section 9. At said hearing the Council shall take final action on the Resolution of Intention to remove the City Manager and shall adopt a motion or a resolution either to carry out his removal or to retain him. If the action is to remove the City Manager, his removal shall not be effective until at least two weeks have expired from the date of the hearing. Failure of the Council to adopt a motion or resolution for his removal shall be deemed a rescission of the Resolution of Intention. (c) The City Manager shall be entitled to receive his regular compensation during the period between the effective date of his removal and passage of the Resolution of Intention of removal. (d) The City Manager may resign from his position upon at least four weeks' notice in writing given to the City Council. Section 10. SEVERABILITY If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 11. REPEAL OF CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this Ordinance are hereby repealed. This Ordinance was introduced for first reading at a meeting of the City Council of the City of Cupertino held on the 7th day of December;' 1959, upon motion of Councilman Saich and was finally adopted at a regular meeting of s~.id City Council held on the 21st day of December, 1959 upon motion. of Councilman Wilson and said Ordinance was duly passed and adopted in accordance with law by the following vote: AYES: Councilmen: Lazaneo, Nathanson, Pelosi, Saich, Wilson NOES: Councilmen: None ABSENT: Councilmen: None APPROVED: AT SST: City Clerk Mayor, City of Cupertino CERTIFICATE OF CITY CLERK I, Lawrence K. Martin, City Clerk of the City of Cupertino, California, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 106, of the City Council of the City of Cupertino, California, which was finally adopted at a regular meeting of said City Council and on the 21st day of December, 1959. Dated this 30th day of December, -~-959 i y Jerk I, LAWRENCE K. MARTIN, City C Jerk of the City of Cupertino and ex- officio clerk of the legislative body of said City do hereby certify that the foregoing is a try and correct copy of Ordinance No. 106 on file in my office and that the same has been published pursuant to law. I ITNESS WHE OF I ~~ day o f ave hereu o set ;~ ~ ~'" my hand and City Seal this / K-~-~ i `-~ . //,~~,n, ,_, ~ (~J~1 City Clerk