101-Draft Ordinance - Redline Version.pdfORDINANCE NO. 12-2097
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 2.28.040(D) REGARDING THE CITY MANAGER DUTIES,
REMOVING THE CITY COUNCIL CLOSED HEARING OPTION FOR
DEPARTMENT DIRECTORS
2.28.040 Powers and Duties.
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 this chapter. In
addition to his or her general powers as Chief Administrator, and not as a limitation thereon, he
or she shall have the powers and duties set forth in the following subsections:
A. 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;
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 their department
directors, and to transfer employees from one department to another;
C. 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;
D. 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.; provided, however, that he or she shall not have
the power to remove or dismiss a department director until such person has been notified in
writing by the City Manager of his or her intention to remove him at least fifteen days before the
effective date of his removal. Within ten days after receiving such notice, a department director
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. “Department director,” as used in this
paragraph, includes the Director of Administrative Services, the Director of Community
Development, the Director of Public Works, the Director of Parks and Recreation, the City Clerk
and such other department directors 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 position except as provided under Chapter 2.52;
E. To attend all meetings of the City Council unless excused there from by the City
Council;
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F. To recommend to the City Council for adoption such measures and ordinances as he or
she 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 shall be submitted 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;
L. 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;
M. To devote his or her 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 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.
(Ord. 1697, (part), 1995; Ord. 705, § 1, 1975; Ord. 106, § 4, 1959)
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INTRODUCED at a regular meeting of the Cupertino City Council the 3 day of July, 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, City Clerk Mark Santoro, Mayor, City of Cupertino