Part 12

BOARD OF ADMINISTRATION FOR POLICE AND FIRE DEPARTMENT RETIREMENT PLAN

Sections:

• 2.08.1200 Established - Continuation of existing board.

• 2.08.1210 Members.

• 2.08.1220 Qualifications - Public members.

• 2.08.1225 Terms of office.

• 2.08.1230 Terms of office - Police and fire employee members.

• 2.08.1235 Terms of office - Retired members.

• 2.08.1240 Procedure for filling public member vacancies.

• 2.08.1245 Recommendations for filling employee and retiree vacancies.

• 2.08.1250 Powers, functions and duties.

• 2.08.1260 Secretary designated.

  1. If a majority of the board recommends one candidate, only that candidate will be forwarded to the city council for consideration.

  2. If a majority of the board does not recommend one candidate, the top two candidates will be forwarded to the city council for consideration.

• (Ords. 28787, 30723.)

"Board of Administration for Police and Fire Department Retirement Plan," hereinafter in this Part 12 referred to as the "board," is hereby established. Subject to the provisions of this part and Part 1 of this chapter, and other applicable laws and ordinances, it shall be deemed to be a continuation of the board of the same name heretofore existing

T2:35

SAN JOSÉ CODE

The Board shall consist of nine (9) members as follows:

• A. Five (5) members of the Board shall be members of the public appointed by the City Council;

• B. One of the members shall be an employee in the police department who is also a member of the police and fire department retirement plan;

• C. One of the members shall be an employee in the fire department who is also a member of the police and fire department retirement plan;

• D. One of the members shall be a person who was employed in the fire department and has retired under the provisions of the police and fire department retirement plan;

• E. One of the members shall be a person who was employed in the police department and has retired under the provisions of the police and fire department retirement plan;

• F. A person, as designated by the council, or the mayor, if authorized by the council, who holds a position in the city administration at a level at least as high as deputy department head and who has experience in the investment or management of public funds, retirement funds, or institutional or endowment funds shall be a member of the board, until at least two public members have been appointed; and

• G. Two members of the city council as designated by the council, or the mayor, if authorized by the council, shall be members of the board, until three public members have been appointed. One member

of the city council as designated by the council, or the mayor, if authorized by the council, shall be a member of the board, until four public members have been appointed.

(Ords. 25209, 26033, 28787.)

• A. Each public member of the Board shall reside within a fifty (50) mile radius of San José City Hall at all times during the Board member's term of office.

• B. Each public member of the Board shall possess a baccalaureate degree from an accredited college or university in finance, actuarial science, law, economics, business or other relevant field of study. An advanced degree in a relevant field of study or professional certification is desirable but not required.

• C. Each public member of the Board shall possess a high level of knowledge and expertise, and at least twelve (12) years' experience, relevant to the administration of a public retirement plan. Knowledge and expertise relevant to the administration of a public pension system may include but is not limited to experience in: a senior executive position in pension administration; pension actuarial practice; institutional investment management; auditing; accounting; legal; health and welfare and/or employee benefits management; investment management; banking; asset/liability management for an insurance company; college or university professor with a focus on fiduciary or trust fund law or a quantitative background in financial theory or actuarial math. Twelve (12) years combined experience in related field may meet this requirement.

• D. The following individuals shall not be eligible to serve as public members of the Board: current and former City employees; current or former elected or appointed City officials; retired members of, or persons participating in or receiving benefits from the Police and Fire Department Retirement Plan or the Federated

T2:36

ADMINISTRATION

§ 2.08.1230

City Employees Retirement System; a representative from any union or bargaining unit representing City employees; any immediate family member of a City employee or persons participating in or receiving benefits from the Police and Fire Department Retirement Plan or the Federated City Employees Retirement System.

• E. No person having a conflict of interest, significant potential for conflict of interest, or appearance of conflict of interest, shall be appointed as a public member of the Board. For the purpose of evaluating conflicts of interest, potential conflicts of interest and the appearance of conflict of interest of Board members, all applicants for public member Board positions shall be required to provide disclosure information, in such form and substance as may be required by the Council, to allow Council to evaluate conflicts of interest, significant potential for conflicts of interest, or appearance of conflicts of interest, including but not limited to disclosure of information related to investments, ownership of real property, employment and business positions, income sources and loans of the prospective public member applicant and members of the applicant's immediate family. Disclosure of such conflict of interest, significant potential for conflict of interest, or appearance of conflict of interest information as may be required by Council shall be provided by the applicant at the time of submission of an application for a public member position on the Board, and annually thereafter, concurrently with such conflict of interest disclosure as Board members may otherwise be required by law to file.

• F. For the purpose of this Section 2.08.1220, immediate family member means a person having any of the following relationships to a City employee or person participating in or receiv-

ing benefits from the Police and Fire Department Retirement Plan or the Federated City Employees Retirement System:

1. By Blood: Parent, child, grandparent, grandchild, brother, sister, nieces, nephews, uncles, aunts, great grandchildren, great grandparents.

2. By Marriage: Husband, wife, stepparent, stepchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-inlaw, son-in-law, half-sister, half-brother.

3. By Law: Guardianship relationships and adoptive parent/child relationships.

4. Domestic Partner: Individuals registered with the Human Resources Department and/or the State of California.

• (Ords. 25209, 26033, 28787, 28900, 30723.)

All members of the board shall serve for a term of four years, except for the retired member of the pre-existing board and council members and administration members temporarily designated as board members pursuant to Section 2.08.1210.F and 2.08.1210.G. All employee members and public members of the board shall be eligible for reappointment to successive four-year terms. (Ords. 26033, 28787, 29771.)

• A. The member who is required to be an employee of the Police Department shall be appointed and shall serve for the following term:

  1. Each employee of the Police Department appointed to the Board shall be appointed for a term expiring four (4) years after the date of expiration of the preceding member's term, to serve as a member until the expiration of his or her term or until the earliest of one (1) of the following:

     • a. His or her seat becomes vacant under the provisions of Part 1 of this Chapter;

T2:37

SAN JOSÉ CODE

• c. The member ceases to be a member of the Police and Fire Department Retirement Plan.

  2. Upon the happening of any event described in Paragraph 1, above, the member shall thereupon cease to serve as a member of the Board, and a vacancy in office shall be deemed to exist for the unexpired term of said member. Thereupon, the Council, or the Mayor, if authorized by the Council, shall appoint a successor for the unexpired portion of such member's term in conformance with the provisions of Section 2.08.1245 of this Code. For unscheduled vacancies, the candidate recommended by election may be appointed by the City Council to fill the remainder of the unexpired term plus the full four year term if by such time of the Council appointment, there is less than twelve (12) months left on the vacated term.

• B. The member who is required to be an employee of the Fire Department shall be appointed and shall serve for the following term:

  1. Each employee of the Fire Department appointed to the Board shall be appointed for a term expiring four (4) years after the date of expiration of the preceding member's term, to serve as a member until the expiration of his or her term or until the earliest of one (1) of the following:

     • a. His or her seat becomes vacant under the provisions of Part 1 of this Chapter;

     • b. The member ceases to be an employee of the Fire Department; or

     • c. The member ceases to be a member of the Police and Fire Department Retirement Plan.

  2. Upon the happening of any event described in Paragraph 1 above, the member shall thereupon cease to serve as a

• member of the Board, and a vacancy in office shall be deemed to exist for the unexpired term of said member. Thereupon, the Council, or the Mayor, if authorized by the Council, shall appoint a successor for the unexpired portion of such member's term in conformance with the provisions of Section 2.08.1245 of this Code. For unscheduled vacancies, the candidate recommended by election may be appointed by the City Council to fill the remainder of the unexpired term plus the full four year term if by such time of the Council appointment, there is less than twelve (12) months left on the vacated term.

(Ords. 25209, 26033, 30723.)

• A. Each retired member appointed to the Board shall be appointed for a term expiring four (4) years after the date of expiration of the preceding member's term; to serve as a member until the expiration of his or her term or until his or her seat becomes vacant under the provisions of Part 1 of this Chapter.

• B. Whenever a vacancy occurs in the seat held by a retired member, the Council, or the Mayor, if authorized by the Council, shall appoint a successor in conformance with the provisions of Section 2.08.1245 of this Code.

• C. Retired members may not serve more than two (2) consecutive terms unless no other retired member is recommended pursuant to Section 2.08.1245.

(Ords. 26033, 28787, 30723.)

• A. The city council shall appoint the public members of the board.

• B. One of the public members of the board shall be appointed by the city council only after the candidates for such seat have been interviewed

T2:38

ADMINISTRATION

• A. Whenever a scheduled vacancy exists in a seat on the Board held by an employee in the Police Department, the employees of the Police Department who are members of the Plan shall recommend, at an election to be conducted among them by the City Clerk, one (1) of such employees as a successor for such seat, provided there is more than one (1) eligible employee applying for the vacancy. If there is only one (1) eligible employee applying for the scheduled vacancy, an election shall not occur, and that candidate will be recommended to the City Council for consideration. Upon any unscheduled vacancy or vacancies in such office during the unexpired regular term, the City Council shall, in accordance with procedures prepared by the City Clerk, appoint to such vacant seat for the remainder of the unexpired term, an employee of the Police Department who is also a member of the Plan.

• B. Whenever a scheduled vacancy exists in a seat on the Board held by an employee in the Fire Department, the employees of the Fire Department who are members of the Plan shall recommend, at an election to be conducted among them by the City Clerk, one (1) of such employees as a successor for such seat, provided there is more than one (1) eligible employee applying for the vacancy. If there is only one (1) eligible employee applying for the

  • scheduled vacancy, an election shall not occur and that candidate will be recommended to the City Council for consideration. Upon any unscheduled vacancy or vacancies in such office during the unexpired regular term, the City Council shall, in accordance with procedures prepared by the City Clerk, appoint to such vacant seat for the remainder of the unexpired term, an employee of the Fire Department who is also a member of the Plan.

• C. Whenever a scheduled vacancy exists in a seat on the Board held by a retired Police member of the Plan because of the expiration of a retired Police member's term of office, the following procedures shall apply:

  1. The retired members of the Plan shall recommend, at an election to be conducted among them by the City Clerk, one (1) of such retired members as a successor for such seat, provided there is more than one (1) eligible retired Police member applying for the vacancy. If there is only one (1) eligible retired Police member applying for the scheduled vacancy, an election shall not occur and that candidate will be forwarded to the panel in Section 2.08.1245 C.2. for interview.

  2. A panel consisting of a representative from the San José Police Officers' Association, a representative from International Association of Fire Fighters Local 230, and a representative from the City Manager's Office shall interview the three (3) (or less if there are fewer than three (3) candidates) retired members receiving the highest number of votes. The purpose of the interview shall be to ensure that the candidates are viable in that they will be able to attend meetings of the Board and fulfill the time commitment of member of the Board.

ers Local 230, and a representative from the City Manager's Office shall interview the three (3) (or less if there are fewer than three (3) candidates) retired members receiving the highest number of votes. The purpose of the interview shall be to ensure that the candidates are viable in that they will be able to attend meetings of the Board and fulfill the time commitment of member of the Board.

3. The panel shall recommend to the City Council one (1) of the interviewed retired Police members for appointment to the Board. The panel's recommendation

T2:39

SAN JOSÉ CODE

§ 2.08.1245

  - shall be determined by a majority of the members of the panel; provided that a dissenting member of the panel may submit a minority report. If there is no majority for the recommendation of a retired member, each member of the panel may submit a written report to the City Council. 

• D. The initial vacancy in the seat on the Board for retired Fire member of the Plan, and any subsequent vacancy in a seat on the Board held by a retired Fire member of the Plan because of the expiration of a retired Fire member's term of office, shall be filled as follows:

  1. The retired members of the Plan shall recommend, at an election to be conducted among them by the City Clerk, one (1) of such retired members as a successor for such seat, provided there is more than one (1) eligible retired Fire member applying for the vacancy. If there is only one (1) eligible Fire member applying for the scheduled vacancy, an election shall not occur and that candidate will be forwarded to the panel in Section 2.08.1245 D.2. for interview.

  2. A panel consisting of a representative from the San José Police Officers' Association, a representative from International Association of Fire Fighters Local 230, and a representative from the City Manager's Office shall interview the three (3) (or less if there are fewer than three (3) candidates) retired members receiving the highest number of votes. The purpose of the interview shall be to ensure that the candidates are viable in that they will be able to attend meetings of the Board and fulfill the time commitment of member of the Board.

  3. The panel shall recommend to the City Council one (1) of the interviewed retired Fire members for appointment to the Board. The panel's recommendation shall be determined by a majority of the

members of the panel; provided that a dissenting member of the panel may submit a minority report. If there is no majority for the recommendation of a retired member, each member of the panel may submit a written report to the City Council.

• E. Whenever an unscheduled vacancy occurs in the seats on the Board held by retired members of the Plan prior to the expiration of a retired member's term of office, the following procedures shall apply:

  1. The Association of Retired San José Police Officers and Firefighters shall recommend up to three (3) candidates for appointment for the remainder of the unexpired term.

2. The Board shall interview the recommended candidates and recommend one (1) or more of them for appointment by the City Council for the remainder of the unexpired term.

• F. The appointment of employee and retiree members shall be routine business on the Council agenda.

  1. Council shall only reject the employee recommended by a majority of those voting in an election among employees upon a finding of cause for rejection.

  2. Council shall only reject the retiree recommended by an interview panel upon a finding of cause for rejection.

  3. Cause for rejection may include, but is not limited to, Council finding that the recommended candidate will not be able to attend meetings of the Board and fulfill the time commitment of a member of the Board, or to act in accordance with fiduciary duties or carry out the requirements of governing legislation, including the requirements of Chapter 3.36 of Title 3 of this Code.

(Ords. 25209, 26033, 28787, 30723.)

T2:40

ADMINISTRATION

The board shall have all powers, functions and duties given to it by the provisions of Chapters 3.32 and 3.36 of Title 3 of the San José Municipal Code. (Ords. 25209, 26033)

Part 14

RESERVED*