Cupertino Municipal Code Ch. 2.18 City Attorney

A. The office of the City Attorney, as set forth in Government Code Section 36505, is established. The City Attorney shall be appointed by the City Council wholly on the basis of his or her qualifications. The City Attorney shall hold office for and during the pleasure of the City Council.

B. The office of the City Attorney shall consist of the City Attorney and such assistants as may be authorized by the Council.

C. The City Attorney shall administer the office, be responsible for the successful performance of its functions, and shall serve under the direct supervision and control of the Council as its legal advisor.

D. The Council may retain or employ other attorneys, assistants, or special counsel as may be needed to take charge of any litigation or legal matters or to assist the City Attorney therein.

(Ord. 1673, § 1 (part), 1994)

The functions of the office of the City Attorney shall be to:

A. Advise the Council and all City officers in all matters pertaining to their offices;

B. Furnish legal services at all meetings of the Council, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the Council or by any of the boards, commissions, committees or officers;

C. Prepare and/or approve all ordinances, resolutions, agreements, contracts, and other legal instruments as shall be required for the proper conduct of the business of the City and approve the form of all contracts, agreements, and bonds given to the City;

D. Provide the necessary legal services required in connection with the acquisition of land or easements on behalf of the City;

E. Subject to the general direction of the Council, prosecute and defend the City, and all boards, officers and employees in their official capacities, all civil proceedings 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 Council. Nor shall the City Attorney commence any civil action without the permission of the Council.

F. Prosecute all violations of City ordinance; provided, however, that the City Attorney is not required to prosecute any misdemeanor or infraction within the City arising out of a violation of State law.

(Ord. 1673, § 1 (part), 1994)

Individual Councilmembers may seek and obtain legal advice from the City Attorney on any matter or matters pertaining to the legal position of the City. Any such advice given to individual Councilmembers, however, may be repeated to the entire Council at any regular or special Council meeting. With respect to advice to individual Councilmembers regarding potential conflicts of interest, the City Attorney may render informal advice; provided, however, that it is understood that a Councilmember is automatically protected from potential liability for conflict of interest only upon taking action which conforms to a written opinion issued by the California Fair Political Practices Commission.

(Ord. 1673, § 1 (part), 1994)

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.

(Ord. 2033, § 1, 2008; Ord. 1673, § 1 (part), 1994)

Consistent with the functions and duties of the City Attorney's office described in Section 2.18.020 of this chapter, the City Attorney or the Assistant City Attorney may, but is not required, to meet or discuss any matter with individual members of the public, legal counsel, or the media.

(Ord. 1673, § 1 (part), 1994)

The City Attorney shall furnish a corporate surety bond to be determined and approved by the City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Attorney as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City.

(Ord. 1673, § 1 (part), 1994)

A. The Assistant City Attorney shall serve as City Attorney pro tempore during any temporary absence or disability of the City Attorney.

B. In the event there is no Assistant City Attorney, the Council shall appoint a qualified attorney to act as City Attorney pro tempore.

(Ord. 1673, § 1 (part), 1994)

The terms and conditions of employment of the City Attorney shall be established by ordinance or resolution. If the City Attorney is a full time employee, any employment agreement between the City and the City Attorney shall contain a provision for performance evaluations of the City Attorney to be conducted by the City Council at least once per calendar year. If the City Attorney is an independent contractor, the City Council shall endeavor to provide periodic feedback regarding the performance of the independent contractor.

(Ord. 2040 § 1, 2009; Ord. 2033 § 2, 2008; Ord. 1673, § 1 (part), 1994)

Notwithstanding the provision of Section 2.52.100 of the Municipal Code, but subject to the other applicable provisions of Chapter 2.52, the City Attorney shall appoint, discipline and remove all assistants, deputies, and employees under his or her authority.

(Ord. 1673, § 1 (part), 1994)

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 to be a member of the City Council.

(Ord. 1673, § 1 (part), 1994)

A. The removal of the City Attorney shall be only on a majority vote of the entire City Council.

B. The City Attorney may resign from his or her position upon at least four weeks’ written notice to the City Council.

(Ord. 2096, 2012; Ord. 1673, § 1 (part), 1994)