Cupertino Municipal Code Ch. 2.28 City Manager\

* For statutory provisions regarding the city manager form of government, see Gov. Code §§ 34851--34859.

The office of City Manager is created and established. The City Manager shall be appointed by the City Council on the basis of his or her experience, administrative and executive ability. He or she shall hold office at and during the pleasure of the City Council.

(Ord. 1697, (part), 1995; Ord. 106, § 1, 1959)

A. No person elected or appointed as a councilman of the City shall, subsequent to taking office as councilman, be eligible for appointment as City Manager until one year has elapsed after the Council member has ceased to be a member of the City Council.

B. The City Manager shall furnish a corporate surety bond to the City conditioned upon the faithful performance of his or her duties in the penal sum to be fixed by the City Council. The premium for the bond shall be paid by the City.

(Ord. 1697, (part), 1995; Ord. 106, § 3, 1959)

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. 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 therefrom by the City Council;

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 sign documents specified in Cal. Gov’t Code § 40602, or to delegate to another officer such authority to sign, whenever such documents have been approved by the Council for execution by the City Manager or their delegee by ordinance, resolution, motion, minute order or other appropriate action. The Purchasing Officer given approval or award authority for the documents specified in Cal. Gov’t Code § 40602 in or pursuant to Chapter 3.22 may sign those documents.

Q. 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. 20-2214, 2020; Ord. 2097, 2012; Ord. 1697, (part), 1995; Ord. 705, § 1, 1975; Ord. 106, § 4, 1959)

The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. The City Manager shall take his or her instructions from the City Council only when given at a duly held meeting of the City Council, and no individual councilperson shall give any instructions to the City Manager.

(Ord. 1697, (part), 1995; Ord. 106, § 5, 1959)

The City Manager may attend any and all meetings of any commission or board heretofore or hereafter created by the City Council, upon his own volition or upon direction of the City Council. At any such meetings at which the City Manager attends, he or she shall inform the members as to the status of any matter being considered by the City Council. He or she shall cooperate fully with the members of all commissions, board or committees appointed by the City Council.

(Ord. 1697, (part), 1995; Ord. 106, § 6, 1959)

In the event of the temporary absence or disability of the City Manager, the City Council may designate some duly qualified person to perform the duties of City Manager during the period of his or her absence or disability.

(Ord. 1697, (part), 1995; Ord. 106, § 7, 1959)

A. The compensation of the City Manager, as well as provisions for his vacation time shall be determined by resolution of the City Council.

B. The City Manager shall be reimbursed for all legitimate expenses paid by him in the conduct of City business, including traveling expenses outside the City limits.

(Ord. 106, § 8, 1959)

A. The removal of the City Manager shall be only upon a majority vote of the City Council.

B. The City Manager may resign from his or her position upon at least four weeks' notice in writing given to the City Council.

(Ord. 2093, 2012; Ord. 1697, (part), 1995; Ord. 106, § 9, 1959)