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Exhibit CC 05-01-12 #20 City Manager position CL s( � (z -# Zo ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 2.28 OF THE CUPERTINO MUNICIPAL CODE REGARDING THE CITY MANAGER POSITION THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Cupertino Municipal Code 2.28 is hereby amended in part to read as follows. The remaining provisions remain unchanged: J-. :.! • . .. . . Residence in the City at the time of appointment shall not be required as a condition of appointment, but within one hundred eighty days--a:hereafter the City Manager must become a resident of the City, unless qualifiedly impossible or the City Council declares the office of the City Manager to be vacant. 2.28.090 Suspension—Removal—Resignation. A. The removal of the City Manager shall be only upon a four fifths majority 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 the removal and state whether the Manager is to be suspended from his or her 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. Within one week after passage of the resolution, a copy thereof shall either be served personally upon the City Manager or sent to him or her by registered mail, return receipt requested, at his or her last known address. The 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 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 said removal as a condition of the removal, it being the intention of the Council that the City Manager shall hold office only at the discretion of the Council and may be removed at any time by following the procedure set forth in this section. At the 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 or her removal or to retain him or her. If the action is to remove the City Manager, his or her 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 or her removal shall be deemed a recision of the resolution of intention. C. The City Manager shall be entitled to receive his or her regular compensation during the period between the effective date of his or her removal and passage of the resolution 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. 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 day of , 2012 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, Acting City Clerk Mark Santoro, Mayor CC Sf i f i 2_ Zo 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 and duties. of the City Council except 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 franchises,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 to another; The City Manager shall be appointed by the City Council on C. The services and facilities of the City Treasurer the basis of his or her experience, administrative and and the City Attorney shall be made available to the City executive ability. He or she shall hold office at and during Manager to the same extent and in the same manner that the the pleasure of the City Council. (Ord. 1697,(part), 1995;. services are available to 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 Residence Requirement. the electors of the City or whose appointment or dismissal Residence in the City at the time of appointment 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 department director until such person become a resident of the City,unless qualifiedly 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 intention 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,at which hearing he A. No person elected or appointed as a councilman shall have an opportunity to answer the reasons given for his of the City shall,subsequent to taking office as councilman, removal. "Department director,"as used in this paragraph, be eligible for appointment as City Manager until one year includes the Director of Administrative Services, the has elapsed after the Council 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 furnish a corporate surety City Clerk and such other department directors as may be bond to the City conditioned 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 overrule 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 does not include the power to create a new position except as provided under Chapter 2.52; 23 2.28.040 Cupertino-Administration and Personnel 24 E. To attend all meetings of the City Council unless the City Council,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, board or committees appointed by the advised as to the financial conditions 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 adoption; 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 the 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 duties 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 regard to the services maintained by public resolution 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 privileges 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 expenses outside the City buildings, public parks, 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 entire 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 City 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 to 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 to 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 than 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 City Council and its members shall deal with the registered mail, return receipt requested, at his or her last administrative services of the City only through the City known address. The hearing shall be open to the public if Manager,except for the purpose of inquiry,and neither the the City Manager so requests in writing by notifying the City Council nor any 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 Manager 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 Council and may be any commission or board heretofore or hereafter created by removed at any 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 resolution of intention to remove the City Manager and shall adopt a motion or a resolution either to carry out his or her removal or to retain him or her. If the action is to remove the City Manager, his or her 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 or her removal shall be deemed a recision of the resolution of intention. C. The City Manager shall be entitled to receive hi; or her regular compensation during the period between the effective date of his or her removal and passage of the resolution 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)