Cupertino Municipal Code Ch. 2.20 City Clerk\

* For statutory provisions regarding the position of city clerk, see Gov. Code §§ 36501 and 40801 et seq.; for the provisions regarding appointment of elective officers, see Gov. Code § 36508 et seq.

A. It shall be the duty of the City Clerk to keep an accurate record of the proceedings of the City Council as provided in Government Code Section 40801.

B. With respect to closed sessions of the City Council held pursuant to California Government Code Section 54950 et seq., unless otherwise ordered by the Council, the Clerk shall attend each closed session and keep and enter in a minute book a record of topics discussed and decisions made at all closed sessions. With respect to any particular closed session of the City Council, the Council may, in lieu of the City Clerk, order that minutes of any closed session be kept by another officer or employee of the City. Any minutes of a closed session taken by any person other than the City Clerk shall be retained in a separate minute book by the City Attorney.

C. Any minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act and shall be kept confidential. Subject to the requirements of California Government Code Section 54957.2, and 2 California Code of Regulations Section 18707 (recused members), any minute book described in this section shall be available only to members of the City Council. In addition, the City Council may authorize the City Manager and/or the City Attorney to view the minute book for specific entries related to the City Manager's and City Attorney's respective duties.

(Ord. 20-2205, § 1, 2020; Ord. 1697, (part), 1995; Ord. 1642, 1994; Ord. 16, § 1, 1956)

The duties now and hereafter imposed upon the City Clerk by State statute for the maintenance of accounting records readily reflecting the financial condition of the City are hereby transferred to the Director Finance which office has been established by City ordinance and with the powers and duties thereof as defined by said ordinance.

(Ord. 1697, (part), 1995; Ord. 1059, 1980; Ord. 650, (part), 1974; Ord. 16, § 2, 1956; Ord. 26-2283, Att. A § 2, 2026)

The City Clerk shall keep a book marked “Ordinances” and record in it all City ordinances with a certificate annexed to each stating:

A. It is a true and correct copy of a City ordinance;

B. The ordinance number;

C. It has been published or posted pursuant to law.

(Ord. 1551, § 1 (part), 1991; Ord. 16, § 3, 1956)

A. The City Clerk, before entering upon the duties of City Clerk, shall take the oath of office provided for in the Constitution of the State of California, and shall file with the City a bond. The premium for the bond shall be paid by the City. Except as otherwise provided, the bond shall conform to the provisions of the State Government Code relating to bonds of public officers.

B. The penal sum of the bond shall be in a reasonable amount recommended by the City Attorney and fixed by the City Council by resolution, and may be changed during the City Clerk’s term of office. A bond in like amount shall be filed by the Deputy City Clerk, with the premium paid by the City.

(Ord. 1551, § 1 (part), 1991; Ord. 1371, 1986)

The City Clerk shall be custodian of the City seal.

(Ord. 1551, § 1 (part), 1991; Ord. 16, § 5, 1956)

The City Clerk shall administer oaths or affirmations and take and certify affidavits and depositions pertaining to City affairs and business which may be used in any court or proceedings in the State.

(Ord. 1551, § 1 (part), 1991; Ord. 16, § 7, 1956)

The City Clerk shall perform all other duties necessary to the functions of the office of City Clerk as required by law and as assigned by the City Manager.

(Ord. 1551, § 1 (part), 1991; Ord. 16(c), § 2, 1967; Ord. 16, § 8, 1956)

The City Clerk shall be appointed by the City Manager on the basis of ability and qualifications for the position.

(Ord. 1551, § 1 (part), 1991; Ord. 650, (part), 1974; Ord. 16(c), § 4, 1967)

The City Clerk may appoint a Deputy City Clerk who shall have the rights and duties of the City Clerk during the City Clerk’s absence to assure the continuity of service of that office.

(Ord. 1697, (part), 1995; Ord. 1551, § 1 (part), 1991; Ord. 650, (part), 1974; Ord. 16(c), § 5, 1967)

A. Any elected officer, candidate, committee or other person required to file statements, reports or other documents required by Chapter 4 (commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee or other person who receives contributions totaling less than $1,000 and makes expenditures totaling less than $1,000 in a calendar year, shall file those statements, reports or other documents online or electronically with the City Clerk.

B. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.

C. If the City Clerk's electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format.

(Ord. 20-2209, § 1, 2020)