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02. City Manager & City Attorney ordinances m 2.18.010 CHAPTER 2.18: CITY ATTORNEY Section 2.18.010 Office of the City Attorney established. C. Prepaze and/or approve all ordinances, 2.18.020 Function and dudes. resolutions, agreements, contracts, and other legal 2.18.030 Council-Attorney relations. instruments as shall be required for the proper conduct of 2.18.040 Attorney-staff relations. the business of the City aad approve the form of all 2.18.050 Relations between Attorney and individual contracts, agreements, and bonds given to the City; members of the public. D. Provide the necessary legal services required in 2.18.060 Bond. connection with the acquisition of land or easements on 2.18.070 Acting City Attorney. behalf of the City; 2.18.080 Agreements on employment. E. Subject to the general direction of the Council, 2.18.090 Assistants and employees. prosecute and defend the City, and all boazds, officers and 2.18.100 Eligibility. employees in their official capacities, all civil proceedings 2.18.110 Suspension-Removal-Resi~ation. before judicial and quasi-judicial tribunals. The City Attorney shall not compromise, settle or dismiss any action ~ for or against the City without permission of the City 2.18.010 Office of the City Attorney Fstablished. Council. Nor shall the City Attomey commence any civil A. The office of the City Attomey, as set forth in action without the permission of the Council. Government Code Section 36505, is established. The City F. Prosecute all violations of City ordinance; Attorney shall be appointed by the City Council wholly on provided, however, that the City Attomey is not required to the basis of his or her qualifications. The City Attorney prosecute any misdemeanor or infraction within the Ciry shall hold office for and during the pleasure of the City arising out of a violation of State law. (Ord. 1673, § 1 Council. • (Part), 1994) B. The office of the City Attorney shall consist of the City Attorney and such assistants as may be authorized 2.18.030 Council-Attorney Relations. , by the Council. Individual Councilmembers may seek and obtain legal C. The City Attorney shall administer the office, be advice from the City Attomey on any matter or matters responsible for the successful performance of its functions, pertaining to the legal position of the City. Any such advice and shall serve under the direct supervision and control of given to individual Councilmembers~ however, may be the Council as its_legal advisor. repeated to the entire Council at any regulaz or special D. The Council may retain or employ other Council meeting. With respect to advice to individual attomeys, assistants~ or special counsel as may be needed to Councilmembers regarding potential conflicts of interest, the take charge of any litigation or legal matters or to assist the City Attomey may render informal advice; provided, City Attorney therein. (Ord. 1673, § 1(part), 1994) however. that it is understood that a Councilmember is automatically protected from potential liability for conflict 2.18.020 ~nction and Duties. of interest only upon taking action which conforms to a The functions of the office of the City Attorney shall written opinion issued by the California Fair Political be to: Pracdces Commission. (Ord. 1673~ § 1(part)~ 1994) A. Advise the Council and all City officers in all matters pertaining to their offices; 2.18.040 Attoraey-Staff Relations. B. Furnish legal services at all meetings of the At the beginning of each fiscal year. the City Attorney Council, except when eacused or disabled, and give advice and City Manager shall meet and confer in good faith or opinions on the legality of all matters under consideration regarding the allocation of the City Attorney's time among by the Council or by any of the boazds, commissions, City departments. Any department exc~eeding its allocated committees or officers; time during the fiscal year must obtain the City Manager's 17 2.18.040 Cupertino - Administration aad Peisonnel 18 written approval for addidonal time. The City Attorney and at any regular or special meeting of the Council. The City Manager shall meet and confer on a regular basis for resolution shall specify the reason or reasons for the the purpose of adjusting time allocations among removal and state whether the City Attorney is to be departments. (Ord. 1673, ~ 1(part), 1994) suspended from his duties upon passage of the resolution. It shall also state a date and time for a hearing at a regular 2.18.050 Relations Between Attorney and Individual or special meeting of the Council to be held at the usual Members of the Public. meeting place of the Council. The heazing date shall be no Consistent with the functions and duties. of the City less than two weeks nor more than four weeks from the date Attomey's office described in Secdon 2.18.020 of this of passage of the resolution. Within one week after passage chapter, the City Attorney or the Assistant City Attomey of the resoludon. a copy thereof shall either be served may, but is not required, to meet or discuss any matter with personally upon the City Attorney or sent to him or her by individual members of the public, legal counsel, or the registered mail. receipt requested, at his last 3mown address. media. (Ord. 1673, § 1(part), 1994) The hearing shall be open to the public if th~ City Attorney so requests in writing by notifying the City Clerk at least 2.18.060 Bond. five days prior to the date set for the hearing. The City Attomey shall furnish a corporate surety B. At the time set for the hearing, the City Attorney bond to be determined and approved by the City Council, shall have aa opportunity to answer the reason or reasons and shall be conditioned upon the faithful performaace of given for his or her removal. Nothing herein contained, - the duties imposed upoa the City Attorney as prescribed in however, shall be construed to require the Council or any of this chapter. Any premium for such bond shall be a proper its members W substantiate or prove the reason or reasons charge against the City. (Ord. 1673, § 1(part). 1994) for the removal as a condition of the removal, it being the intention of the Council that the City Attorney shall hold 2.18.0'70 Acting City Attorney. office only at the discredon of the Council and may be A. The Assistaat City Attorney shall serve as City removed at any time by following its procedure set forth in Attorney pro tempore during any temporary absence or this section. At the hearing, the Council shall take final disability of the City Attorney. action on the resolution, either to carry out his or her B. In the event there is no Assistant City Attomey. removal or to retain him or her. If the action is to remove the Council shall appoint a qualified attorney to act as City the City Attorney, his or her removal shall be effective until Attorney pro tempore. (Ord. 1673, § 1(part), 1994) at least two weeks have expired from the date of the . hearing. Failure of the City Council to adopt a motion or 2.18.080 Agreements on Employment. resolution for removal shall be deemed a rescission of the The terms and conditions of employment of the City resolution of intention. Attorney shall be established by ordinance or resolution of C. The City Attorney shall be entitled to receive his the City Council. (Ord. 1673, § 1(part), 1994) or her regular compensation during the period between the passage of the resolution and the effective date of his or her 2.18.090 Assistants and Employees. removal. Notwithstanding the provision of Section 2.52.100 of D. The City Attorney may resign from his or her the Municipal Code, but subject to the other applicable position upon at least four weeks' written notice given to the provisions of Chapter 2.52, the City Attoraey shall appoint, City Council. (Ord. 1673. § 1(part), 1994) discipline and remove all assistants, deputies, and employees under his or her authority. (Ord. 1673, § 1 (p~), 1 2.18.100 Eligibility. No person elected or appointed as a Council-person of the City shall, subsequent to taking office as Councilperson. be eligible for appointment as City Attorney until one year has elapsed after the Councilmember has ceased w be a member of the City Council. (Ord. 1673. § 1(part), 1994) 2.18.110 Suspension-Removal-Resignation. A. The removal of the City Attorney shall be only on a majority vote of the entire City Council. A resolution of intention w remove the City Attorney shall first be passed 2.28.010 CHAPTER 2.28: CiTY MANAGER* Section 2.28.010 Office created. 2.28.040 Powers and Duties. 2.28.020 Residence requirement. The City Manager shall be the administrative head of 2.28.030 Eligibility-Bond. the City government acting under the direction and control 2.28.040 Powers aad dudes. of the City Council eacept as otherwise provided in this 2.28.050 Council-Manager relations. chapter. In addition to his or her general powers as Chief 2.28.060 Attendance at commission meetings. Administrator, and not as a limitation thereon, he or she 2.28.070 Temporary absence. shall have the powers and duties set forth in the following 2.28.080 `Compensation-Reimbursement. subsections: 2.28.090 Suspension-Removal-Resignation. A. To see that all laws and ordinances of the City are duly enforced and that all fraachises, permits, licenses * For statutory provisions regarding the city and privileges granted by the City are faithfully performed manager form of government. see Gov. Code and observed; 34851-34859. B. 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 2.28.010 Office Created. their department directors~ and to transfer employees from The office of City Manager is created and established. one department w another; - The City Manager shall be appointed by the City Council on C. The services and facilides of the City Treasurer the basis of his or her experience. administradve and and the City Attorney shall be made available to the City eaecutive ability. He or she shall hold office at and during Manager w the same extent and in the same manner that the the pleasure of the City Council. (Ord. 1697~ (part), 1995; services aze available w the City Council; Ord. 106~ § 1, 1959) D. To appoint, discipline and dismiss any and all officers and employees of the City except those elected by 2.28.020 Rcsidence Requirement. the electors of the City or whose appointment or dismissal Residence in the City at the dme of appoinmient shall is denied to the City Manager under the laws of the state; not be required as a condition of appointment, but within provided. however, that he or she shall not have the power one hundred eighty days thereafter the City Manager must to remove or dismiss a departrnent director until such person become a resident of the City, unless qualif edly impossible has been notified in writing by the City Manager of his or or the City Council declares the office of the City Manager her intendon to remove him at least fifteen days before the to be vacant. (Ord. 106, § 2, 1959) effective date of his removal. Within ten days after receiving such notice, a department director may request a 2.28.030 Eligibility-Bond. closed hearing before the City Council. ai which hearing he A. No person elected or appointed as a councilman shall have an opportunity w answer the reasons given for his of the City shall, subsequent to taking office as couacilman, removal. "Department director," as used in this paragraph, be eligible for appointment as City Manager until one year includes the Dirocoor of Administrative Services, the has elapsed after the Couacil member has ceased to be a Director of Community Development, the Director of member of the City Council. Public Works, the Director of Parks and Recreation, the B. The City Manager shall fiunish a corporate surety City Clerk and such other department directors as may be bond w the City coaditioned upon the faithful performance established in the future by the City Council. At the of his or her duties in the penal sum to be fixed by the City hearing, the City Council can ovemile the action of the City Council. The premium for the bond shall be paid by the Manager only by the affirmative vote of four members. City. (Ord. 1697, (part), 1995; Ord. 106, § 3, 1959) The power to appoint given in the preceding paragraph dces not include the power to create a new position except as provided under Chapter 2.52; 23 2.28.040 Cupertino - Admini.slration and Personnel 24 d E. To attend all meetings of the City Council unless the Ciry Couacil, upon his own volition or upon direction of excused therefrom by the City Council; the City Council. At any such meetings at which the City F. To recommend to the City Council for adoption Manager attends. he or she shall inform the members as to such measures and ordinances as he or she. deems necessary the status of any matter being considered by the City or expedient; Council. He or she shall cooperate fully with the members G. To keep the City Council at all times fully of all commissions, bvard or committees appointed by the advised as to the financial condidons and needs of the City; City Council. (Ord. 1697, (part). 1995; Ord. 106, § 6, H. To prepare and submit to the City Council the 1959) annual budget and to administer it after adopfion; I. To purchase or cause to be purchased all supplies 2.28.070 Temporary Absence. for all of the departments or divisions of the City. No In t6e event of the temporary absence or disability of expenditures shall be submitted or recommended to the City the City Manager, the City Council may designate some Council except on report and approval of the City Manager; duly qualified person to perform the dudes of City Manager J. To make investigation into the affairs of the City during the period of his or her absence or disability. (Ord. and any department or division thereof and any contract or 1697, (part), 1995; Ord. 106, § 7, 1959) the proper performance of any obligation running to the City; 2.28.080 Compensation-Reimbursement. K. To investigate all complaints in relation to A. The compensation of the City Manager, as well matters consuming the administration of the government of as provisions for his vacation time shall be determined by the City and in regazd W the services maintained by public resoludon of the City Council. utilities in the City and to see that all franchises, permits B. The City Manager shall be reimbursed for all and priyileges granted by the City are faithfully observed; legitimate expenses paid by him in the conduct of City L. To execute general supervision over all public business, including traveling ezpenses outside the Ciry buildings, public patks, streets and other public property limits. (Ord. 106, § 8, 1959) which are under the control and jurisdiction of the City Council; 2.28.090 Suspension-Removal-Resignation. M. To devote his or her eatire working time, thought A. The removal of the City Manager shall be only , and energy to the duties and interests of the City; upon a four-fifths vote of the City Council. A resolution of N. To receive and open all official mail and intention to remove the City Manager shall first be passed communications addressed either to the Mayor or to the at any regular or special meeting of the Council. The Ciry Council; resolution shall specify the reason or reasons for the O. To make reports and initiate recommendations as removal and state whether the Manager is w be suspended may be desirable or as requested by the City Council; from his or her duties upon passage of the resolution. It P. To perform such other duties and exercise such shall aLso state a date and hour for a hearing at a regular or other powers as may be delegated to him or her from time special meeting of the Council to be held at the usual w time by ordinance, resolution or other action of the City meeting place of the Council. The hearing date shall be no Council. (Ord. 1697, (part), 1995; Ord. 705, § 1, 1975; less than two weeks nor more thaa four weeks from the date Ord. 106, § 4, 1959) of passage of the resolution. Within one week after passage of the resolution, a copy thereof shall either be served 2.28.050 Council-Manager Relations. personally upon the City Manager or sent to him or her by The Ciry Council and its members shall deal with the registered mail. retura receipt requested, at his or her last administrative services of the City only through the City lmown address. The hearing shall be open W the public if Manager, eacept for the purpose of inquiry, and neither the the City Manager so requests in writing by notifying the City Council nor aay member thereof shall give orders to City Clerk at least seven days before the date set for the any subordinates of the City Manager. The City Manager hearing. - shall take his or her instructions from the City Council only B. At the time set for the hearing, the City Maaager when given at a duly held meeting of the City Council. and shall have an opportunity to answer the reason or reasons no individual councilperson shall give any instructions to the given for his or her removal. Nothing herein contained, City Manager. (Ord. 1697, (part), 1995; Ord. 106, § 5. however, shall be construed to require the Council or any of 1959) its members to substantiate or prove the reason or reasons for said removal as a condition of the removal. it being the 2.28.060 Attendance at Commission Meetings. intention of the Council that the City Manager shall hold The City Manager may attend any and all meetings of office only at the discretion of the Couacil and may be any commission or boazd heretofore or hereafter created by removed at aay time by following the procedure set forth in ~ 25 City Manager 2.28.090 this section. At the hearing the Council shall take final action on the resolutioa of intention to remove the City Manager and shall adopt a motion or a resolution either to carry out his or her rempval or to retain him or her. If the action is to remove the City Manager, his or her removal shall not be effecdve 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 or her removal shall be deemed a recision of the resolution of intention. C. The Ciry Manager shall be entided to re~eive his or her regular compensation during the period between the effective date of his or her removal and passage of the resoludon of intention of removal. D. The City Manager may resign from his or her position upon at least four weeks' notice in writing given to the City Council. (Ord. 1697, (part), 1995; Ord. 106. § 9, 1959)