Part 16

SAN JOSÉ BOARD OF FAIR CAMPAIGN AND POLITICAL PRACTICES†

Sections:

The director of the department of retirement services shall be the secretary of the board. (Ords. 25209, 26034.)

• A. The members of the board who are required to be members of the public shall each be paid, as compensation for services as a member of the board, an amount as determined by resolution of the city council.

• B. Such compensation shall be in addition to such reimbursement, if any, as such members may become entitled to for expenses incurred by the members in the performance of the duties and functions of office.

• C. No compensation shall be paid for any month in which the member was absent from the regular meeting of the board and the absence was unexcused under the provisions of this Chapter 2.08.

• D. The compensation paid to members shall be paid from the police and fire department retirement fund as an administrative expense of the police and fire department retirement plan.

• (Ords. 25262, 25410, 26033, 28787, 28970, 29574.)

• 2.08.1620 Term.

• 2.08.1630 Special eligibility requirements.

• 2.08.1640 Vacancies.

• 2.08.1650 Functions, powers, and duties.

The San José Board of Fair Campaign and Political Practices is hereby established as the successor to and continuation of the San José elections commission.

(Ords. 25209, 26976, 29250, 29772.)

The commission shall have five members. Members shall be appointed by no less than two-thirds vote of the city council. Members of the commission shall be selected by the same procedure of application and public interview which is utilized for the planning commission. (Ords. 25209, 26976.)

*Editor’s note— Ord. 29771, § 11, adopted Aug. 23, 2016, repealed Part 14, §§ 2.08.1400 - 2.08.1440, which pertained to building codes and disabled access advisory board, and derived from Ords. 25209 and 29250.

†Editor’s note— Ord. 29772, § 1, adopted Aug. 23, 2016, changed the title of Part 16 from "San José Ethics Commission" to "San José Board of Fair Campaign and Political Practices."

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SAN JOSÉ CODE

• A. Except as provided in subsection E, members of the commission may serve up to two (2) four (4)-year terms for a maximum of eight (8) years.

• B. Terms of members will expire in years in which there are no regular municipal elections.

• C. A member may be appointed to a term of less than four (4) years if the city council determines that it is in the best interest of the commission that the member serve a shorter term in order to provide for appropriate staggered terms to preserve a continuity of membership on the commission.

• D. A member who is appointed to serve an unexpired term will serve to the end of the former incumbent's term.

• E. If a member has been appointed to serve a term of less than two (2) years, the member may be reappointed to serve on the commission for up to two (2) consecutive additional terms.

(Ords. 25209, 25942, 26976, 28624.)

• A. Each member of the commission must be a qualified elector of the city and have some demonstrated familiarity and experience with campaign laws. The commission's membership should be representative of the community.

• B. No member will be employed by the city or have any direct and substantial financial interest in any business, work or official action taken by the city.

• C. While serving on the commission, no member will hold any elected public office.

• D. No member will participate as a candidate in any election to public office for a period of one (1) year both before and after tenure on the commission.

• E. While serving on the commission, no member will publicly endorse any candidate for city

office nor engage in any political or campaign activity on behalf of any candidate for city office.

• F. While serving on the commission, no member will be employed by or have any contractual relationship with any candidate for city office.

• (Ords. 25209, 26670, 26976, 27339, 28295, 28624.)

• A. Members of the commission may be removed from the commission by two-thirds vote of the city council for any reason or no reason.

• B. Appointments by the city council to fill vacancies shall be for the unexpired term of the member whose seat is being filled. Such appointments should be made within sixty days from the date of vacancy.

• (Ords. 25209, 26976.)

The commission shall have those functions, powers, and duties as set forth in Chapter 12.04. (Ords. 25209, 26976.)

Part 20

CIVIL SERVICE COMMISSION*

Sections:

• A. The civil service commission is established by Section 1001 of the Charter.

• B. The commission's membership, terms of office, functions, powers, and duties are gov-

*Charter reference— For Charter provisions on the civil service commission, see Charter § 1001.

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ADMINISTRATION

Each member of the civil service commission shall be paid the sum of two hundred dollars per month, excepting the presiding officer, who shall be paid the sum of four hundred fifty dollars per month. This compensation shall be in addition to any reimbursement for expenses incurred in the performance of the commissioners' duties and functions.

(Ords. 25209, 28947.)

• A. A member of the civil service commission shall be deemed to have automatically resigned from the commission if the member has unexcused absences from either:

  1. Any three consecutive scheduled meetings and hearings of the commission; or

  2. More than twenty percent of the total number of scheduled meetings and hearings of the commission in any calendar year or, if the member was appointed to fill a vacancy, more than twenty percent of the total number of scheduled meetings and hearings of the commission held during the remainder of the calendar year.

• A. The seat of a member on the civil service commission shall become vacant upon the happening of any of the following events:

  1. The expiration of the member's term of office;

  2. The death of the member;

  3. The resignation of the member;

  4. The removal of the member from the commission by the city council for any reason;

  5. The conviction of a member of a felony or of any offense involving a violation of his or her official duties;

  6. The refusal or neglect of the member to file an oath and declaration as required by the city Charter.

• B. In the event a vacancy should occur on the commission prior to the expiration of a term, the city council or the mayor, if authorized by the council, shall appoint a successor for the unexpired portion of the member's term.

• (Ord. 25987.)

• B. For purposes of this part, the following shall not be considered an unexcused absence:

  1. An absence due to an illness of the member, or illness or death of a member's spouse, parent, child, stepchild, brother or sister, grandparents, grandchild; or

  2. An absence because a member is away on authorized commission or authorized city business.

• C. As used in this section, "scheduled meetings and hearings" means scheduled meetings and hearing dates of the commission including disciplinary appeal hearings and appeal hearings which are conducted pursuant to the civil service rules contained in Chapter 3.04 of the San José Municipal Code and does not include special meetings, adjourned or continued scheduled meetings and hearing, or subcommittee meetings.

• (Ord. 25987.)

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2025-Supplement 2

SAN JOSÉ CODE