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18. City Manager & City Attorney ordinancesDR~gFi ORDINANCE N0.08-2032 AN ORDINANCE OF THE CITY OF CUPERTINO REPEALING SECTION 2.28.202 AND AMENDING SECTION 2.28.040 D RELATING TO THE CITY MANAGER THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAINS AS FOLLOWS: 1. REPEALED: Section 2.28.020 is hereby repealed. 2. AMENDMENT Section 2.28.040 D is hereby amended to read as follows: 2.28.040 D Powers and Duties. 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 or whose appointment or dismissal is denied to the City Manager under the laws of the state. 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; 2. Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Government Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. 18-1 INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the 21st of October 2008 and ENACTED at a regular meeting of the City Council of the City of Cupertino the of 2008, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor 2 18-2 Repealed Z~~}~~ D~ici~nr~nn Dn~rrr~r.nr,~nr,*~ Y .. .. J - -. _ _ c =--r 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 ha~~e the po~~-ers and duties set forth in the following subsections: A. To see that all la«-s 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 tlu-ough 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 disnuss 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 la~~~s of the state-. .---- ----- -.--__, _:..._, _..__. _ . _, .._ __ _. ___ ~__ ____..___ . - _~ - T ~ _ 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; 18-3 ~R!!FT ORDINANCE N0.08-2033 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 2.18.040 RELATING TO THE CITY ATTORNEY THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAINS AS FOLLOWS: AMENDMENT 1. Section 2.18.040 is hereby amended to read as follows: 2.18.040 Attorney-Staff Relations. Periodically, but not less than once per year, the City Attorney and the City Manager will meet and confer in good faith regarding the allocation of the city Attorney's time among City Departments. 2. Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Government Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the 21st of October 2008 and ENACTED at a regular meeting of the City Council of the City of Cupertino the of 2008, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor. 18-4 2.18.040 Attorney-Staff Relations. _ . .. , . _. --~1-:-- - ----~ _.~ ~ .:,.the City Attorney and City Manager___--- -- meet and confer in good faith regarding the allocation of the City Attorney's time among City departments. -. -, ---- -- -------- -~-_._ ... _.--v-~___ _ -. .... , ....---z--- _ - ~ ~ .: - (Ord. 1673, § 1 (part), 1994) 18-5