101-Draft ordinance.pdfORDINANCE NO. 12-2096
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 2.18 OF THE CUPERTINO MUNICIPAL CODE
REGARDING THE CITY ATTORNEY POSITION
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
AS FOLLOWS:
Cupertino Municipal Code 2.18 is hereby amended in part to read as follows. The
remaining provisions remain unchanged:
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 to remove the City Attorney shall first be passed at any
regular or special meeting of the Council. The resolution shall specify the reason or reasons for
the removal and state whether the City Attorney is to be suspended from his duties upon passage
of the resolution. It shall also state a date and time 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. Within
one week after passage of the resolution, a copy thereof shall either be served personally upon
the City Attorney or sent to him or her by registered mail, receipt requested, at his last known
address. The hearing shall be open to the public if the City Attorney so requests in writing by
notifying the City Clerk at least five days prior to the date set for the hearing.
B. At the time set for the hearing, the City Attorney shall have an opportunity to answer the
reason or reasons given for his or her removal. Nothing herein contained, however, shall be
construed to require the Council or any of its members to substantiate or prove the reason or
reasons for the removal as a condition of the removal, it being the intention of the Council that
the City Attorney shall hold office only at the discretion of the Council and may be removed at
any time by following its procedure set forth in this section. At the hearing, the Council shall
take final action on the resolution, either to carry out his or her removal or to retain him or her.
If the action is to remove the City Attorney, his or her removal shall be effective until at least
two weeks have expired from the date of the hearing. Failure of the City Council to adopt a
motion or resolution for removal shall be deemed a rescission of the resolution of intention.
C. The City Attorney shall be entitled to receive his or her regular compensation during the
period between the passage of the resolution and the effective date of his or her removal.
DB. The City Attorney may resign from his or her position upon at least four weeks’
written notice given to the City Council.
INTRODUCED at a regular meeting of the Cupertino City Council the 15th day of May, 2012
and ENACTED at a regular meeting of the Cupertino City Council this 4th day of June, 2012 by
the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino