Chapter 2.06

DEPUTIZED OFFICERS

Sections:

• A. Council appointees and department heads may deputize persons to sign official documents, including contracts, on their behalf. Such appointments shall be in writing and signed by the council appointee or the department head and filed in the office of the city clerk.

• B. The authorization to sign official documents may be terminated at any time by the appointing council appointee or department head. Such removal shall be in writing and signed by the council appointee or department head and filed in the office of the city clerk.

• (Ord. 25209.)

• 1 General Provisions

• 2 Reserved 4 Airport Commission 6 Appeals Hearing Board 8 Arts Commission 10 Board of Administration for Federated City Employees' Retirement System

• 12 Board of Administration for Police and Fire Department Retirement Plan

• 14 Reserved 16 San José Board of Fair Campaign and Political Practices

• 20 Civil Service Commission 21 Clean Energy Community Advisory Commission

• 22 Council Appointment Advisory Commission

• 24 Reserved 25 Reserved 26 Historic Landmarks Commission 28 Housing and Community Development Commission

• 30 Reserved 32 San José Library and Education Commission

• 34 Neighborhoods Commission 36 Downtown Parking Board 38 Parks and Recreation Commission 40 Planning Commission 42 Senior Citizens' Commission 43 Reserved 44 Reserved 46 Reserved 48 Youth Commission 49 Women's Bill of Rights 50 Community Stabilization and

*Charter reference— For Charter provisions on boards and commissions, see Charter Art. X.

T2:18

ADMINISTRATION

§ 2.08.040

Opportunity Pathways Fund 2.08.020 Applicability of provisions. Commission

The general provisions of this part apply to all boards and commissions, except as otherwise specifically provided in the Charter or this chapter with respect to any specific board or commission. (Ord. 25209.)

Part 1

GENERAL PROVISIONS

Sections:

• 2.08.010 Establishment of boards and commissions.

• 2.08.020 Applicability of provisions.

• 2.08.030 General functions, powers, and duties.

• 2.08.040 Continuity.

• 2.08.050 Seat deemed vacant when.

• 2.08.060 Absence from meetings - Reappointment.

• 2.08.070 Chair and vice chair. 2.08.080 Procedural rules and regulations. 2.08.090 Quorum. 2.08.095 Voting. 2.08.100 Physical and clerical facilities. 2.08.110 Relationship with city departments. 2.08.120 Members - Compensation. 2.08.130 Removal from office. 2.08.140 Temporary vacancies.

• 2.08.150 Term and term limits. 2.08.160 Council liaison representative. 2.08.170 Council representative to retirement boards of administration.

• 2.08.180 Council nominated commissions.

• A. Each board or commission shall have the functions, powers, and duties as are granted to or bestowed upon it by the provisions of this chapter.

• B. The city council may, at any time, change the powers, functions and duties in any manner and to any extent as in its judgment is desirable.

• C. Each board or commission shall provide to the council each fiscal year an annual work plan of activities to be undertaken and a subsequent report of its accomplishments.

• D. Each board or commission which requires funding in the city budget shall prepare and submit annually to the city manager a proposed budget covering its proposed activities for the next fiscal year.

• E. Each board or commission may organize advisory and resource subcommittees to advise the board or commission concerning its functions and duties.

• F. Each board or commission shall do such other things as may from time to time be requested or approved by council.

• G. Each board or commission shall coordinate with the city manager and/or the city clerk and the department heads designated by the city manager in the performance of the commission's functions.

(Ords. 25209, 29250.)

• A. Charter commissions are established by Article X of the Charter.

• B. All other boards and commissions are established by inclusion in this title and discontinued by exclusion from this title.

• (Ord. 25209.)

Any board or commission which is declared to be a continuation of any discontinued board or commission or to which the functions, powers, or duties of any existing board or commission have been transferred shall have the power to continue

T2:19

SAN JOSÉ CODE

§ 2.08.040

any business, proceedings or other matter which was pending before the predecessor board or commission and to exercise those functions, powers, and duties in the same manner as the predecessor board or commission. (Ord. 25209.)

• A. The seat of a member of any board or commission shall become vacant upon the happening of any of the following events:

  1. The death of the member;

  2. Insanity of the member, when determined by a final judgment or final order of a court of competent jurisdiction;

  3. Resignation of the member;

  4. The member is no longer eligible, under any of the applicable provisions of this part to hold the office;

  5. Removal of the member from office;

  6. Absence of the member from the state for more than sixty (60) days, unless either upon business of the city or with consent of the council. In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limit for absence from the state shall be extended by the council;

  7. The member ceases to discharge the duties of the office for a period of three consecutive months, except when prevented by sickness or when absent from the state with permission required by this section;

  8. The member is convicted of a felony or of any offense involving a violation of his or her official duties;

  9. The refusal or neglect of the member to file an official oath or bond, if it is required by law, within the time prescribed by law;

  10. The decision of a court of competent jurisdiction declaring void the member's election or appointment;

  11. The making of an order vacating the member's office or declaring the office vacant when the member fails to furnish an additional or supplemental bond if it is required by law;

  12. The commitment of the member to a hospital or sanitarium, by a court of competent jurisdiction, but in that event the office shall not be deemed vacant until the order of commitment has become final.

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

• (Ord. 25209.)

• A. A member of any board or commission, other than the planning commission, the salary setting commission and the civil service commission, shall be deemed to have automatically resigned from office if:

  1. The board or commission has four or fewer regular meetings in any calendar year, and the member has unexcused absences from any two consecutive regular meetings of the board or commission; or

  2. The board or commission has more than four regular meetings in any calendar year, and the member has unexcused absences from either:

     • a. Any three consecutive regular meetings of the board, or commission; or

     • b. More than twenty percent of the total number of regular meetings in any calendar year, or if the member was appointed to fill a vacancy, more than twenty percent of the total number of remaining regular meetings in that calendar year.

T2:20

ADMINISTRATION

§ 2.08.080

• B. For purposes of this section, 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, domestic partner, parent, child, sibling or dependent; or

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

  3. For any member who is a city councilmember or a city employee, an absence due to the member performing required city business; or

  4. An absence from a meeting of the board of administration for the federated city employees' retirement system or of the board of administration for the police and fire department retirement plan which the board of administration has found to be for good cause; or

• C. Within a reasonable period, but not exceeding ten days after a member has been deemed to have resigned pursuant to this section, the secretary of the board or commission shall notify the city clerk of the vacancy and the city clerk shall thereupon notify the member that the member is deemed to have resigned pursuant to this section. The city clerk shall simultaneously notify the city council that the vacancy exists as a result of the automatic resignation.

• D. Except as provided in Subsection A. above, the provisions of this section shall apply to all voting members of boards and commissions established or otherwise regulated under this Chapter 2.08.

• E. As used in this section, "regular meetings" means regularly scheduled meetings of the board or commission and shall not include special meetings. For purposes of this section, adjourned regular meetings or continued regular meetings shall be considered special meetings.

• F. For purposes of this section, a member shall be deemed absent from a meeting if the mem-

ber fails to be in attendance at a regular meeting for at least one-half of the duration of the regular meeting.

• G. A member whose seat has become vacant by virtue of the above provisions may be reappointed to his or her former office for the balance of the member's unexpired term if the council finds there was good excuse for the member's absence from meetings or finds that the reappointment will be in the best interests of the city.

• H. In the event of a reappointment, the previous unexcused absences of the reappointed member shall not be considered in determining any future resignation of the member under this section.

(Ords. 25209, 29250.)

• A. Unless otherwise provided, each board or commission shall appoint one of its members as chair to serve for a term as the board or commission may determine.

• B. The chair shall preside at all meetings of the board or commission.

• C. Each board or commission may also appoint one of its members as a vice chair to serve in the place and stead of the chair during the chair's absence.

• D. The chair and vice chair shall be subject to removal at any time, for any or no reason, by the board or commission.

• (Ord. 25209.)

• A. Specific procedural rules and regulations.

  1. The following boards and commissions shall each adopt its own procedural rules and regulations for the conduct of its business subject to the approval of the Rules and Open Government Committee:

     • a. Board of Administration for the Federated City Employees Retirement System;

2025-Supplement 2

T2:21

SAN JOSÉ CODE

§ 2.08.080

• b. Board of Administration for the Police and Fire Department Retirement Plan;

• c. Planning Commission;

• d. Civil Service Commission;

• e. Appeals Hearing Board;

• f. Salary Setting Commission;

• g. Deferred Compensation Advisory Committee;

• h. Airport Commission;

• i. Board of Fair Campaign and Political Practices;

• j. Voluntary Employees Beneficiary Association Advisory Committee;

• k. Community Stabilization and Opportunity Pathways Fund Commission.

2. The rules may:

   • a. Provide for the establishment of various offices, provided membership therein is restricted to members of the board or commission.

   • b. Provide for the establishment of various committees or subcommittees which may contain non-members of the board or commission, provided that at least one (1) of the members of the board or commission is a member of every committee or subcommittee.

   • c. Specify the powers, duties and functions of the offices and committees. If non-members of the board or commission are allowed on committees or subcommittees, the rules of the board or commission shall contain specific rules for the establishment and operation of the committees or subcommittees, including rules setting out conflict-of-interest provisions and specifying the number of non-members allowed, whether a majority of members are required, the voting rights of non-

members, and the powers, duties and functions of the committees or subcommittees.

3. The rules shall comply with all applicable laws and ordinances and other applicable regulations or limitations.

4. A copy of the rules shall be filed in the office of the City Clerk, where they shall be available for public inspection.

• B. All other boards and commissions shall conduct their meetings pursuant to standardized rules and regulations developed by the City Clerk and amended from time to time, as approved by the Rules and Open Government Committee.

(Ords. 25209, 29250, 29771, 30092, 30809.)

• A. Unless otherwise specifically provided in this Chapter, a majority of the total number of seats, whether filled or vacant, shall be necessary to constitute a quorum for a board or commission to take action, although a lesser number may adjourn from time to time.

• B. This Section shall not apply to the Voluntary Employees Beneficiary Association Advisory Committee.

(Ords. 25209, 29250, 29379, 30092, 31128.)

• A. Except for the civil service commission, deferred compensation advisory committee, voluntary employees beneficiary association advisory committee, or the retirement boards, or unless otherwise specifically provided by the Charter or other ordinance, no resolution, motion or action shall be passed, adopted, or become effective unless it receives the affirmative vote of at least a majority of those voting, as long as there is a quorum present.

• (Ords. 29771, 31128.)

Except as otherwise provided in this chapter, the city manager, or if appropriate, the city clerk, shall assign to each board and commission ade-

T2:22

2025-Supplement 2

ADMINISTRATION

§ 2.08.130

quate space and facilities and the clerical and/or secretarial help as it may need for the performance of its functions, powers, and duties. (Ord. 25209.)

So far as is practicable, and subject to approval of the city manager, the services of the various city departments shall be made available by the heads of each department to the board or commission, to the extent it is necessary to enable it to perform its functions, powers, and duties. (Ord. 25209.)

• A. Unless otherwise specifically provided by the City Charter or San José Municipal Code for members of a particular board or commission, effective January 1, 2023, each member of each board or commission established under Chapter 2.08 or the City Charter who is a member of a low-income household, as defined by the U.S. Department of Housing and Urban Development as at or below eighty percent (80%) of the area median income pursuant to 24 CFR 92.2, shall be eligible to be paid the sum of two hundred dollars ($200) per month if they have attended a monthly board or commission meeting. Such members shall be eligible to be paid the stipend even if the monthly board or commission meeting is cancelled.

• B. Subject to the appropriation of moneys therefor by the Council, members may be paid or reimbursed for authorized expenses incurred by them in the performance of their functions, powers and duties.

• (Ords. 25209, 30844.)

• A. Except as provided in subsections B., C., and D., notwithstanding an appointment for a specific term or part of a term, any person appointed to and holding the position of member of any board or commission may be

removed from appointment, at any time, by the Council, with or without prior notice, and with or without cause.

• B. Notwithstanding the appointment of a person to the position of member of the Board of Administration for the Police and Fire Department Retirement Plan for a specific term or part of a term, any person holding such position may be removed by the Council for cause as follows:

  1. The San José Police Officers' Association, the International Association of Fire Fighters, Local 230, the City Manager, any retired member of the Police and Fire Department Retirement Plan or any member of the public may submit a written request for removal to the City Council. Any such request shall state the grounds for which removal is sought.

  2. The City Council shall hold a hearing on any written request for removal submitted by the San José Police Officers' Association, the International Association of Fire Fighters, Local 230, or the City Manager.

  3. The Rules and Open Government Committee of the City Council shall consider any written request for removal submitted by a retired member of the Police and Fire Department Retirement Plan or any member of the public, and shall determine in its discretion, whether such request should be forwarded to the full City Council for hearing. Any such request shall state the grounds for which removal is sought.

  4. Notice of hearing shall be provided to the affected Board member at least ten (10) days prior to the date of any City Council meeting.

     • After a hearing, the City Council may remove the member of the Board from office if the Council makes a written finding of substantial evidence of cause for removal. Cause may include, but is not

T2:23

SAN JOSÉ CODE

§ 2.08.130

  - limited to, failure to remain qualified for the Board position to which the member is appointed, failure to discharge the Board member's duty as a fiduciary for the Plan, or failure to perform the Board member's duties in accordance with applicable law, including the requirements of Chapter 3.36 of Title 3 of this Code. For public members of the Board, cause for removal may also be based on failure to disclose all conflicts of interest, significant potential for conflict of interest, or appearance of conflict of interest as required by Code Section 2.08.1220E., and/or the existence of conflict of interest, significant potential for conflict of interest, or appearance of conflict of interest as based on information disclosed by public members of the Board pursuant to Code Section 2.08.1220E., or such other information as may be available to Council. 

• C. Notwithstanding the appointment of a person to the position of a member of the Board of Administration for the Federated City Employees' Retirement System for a specific term or part of a term, any person holding such position may be removed by the Council for cause as follows:

1. The City Manager or any employee organization recognized by the City as an exclusive representative of employees who are members of the Federated City Employees' Retirement System may submit a written request for removal to the City Council. Any such request shall state the grounds for which removal is sought.

   2. The City Council shall hold a hearing on any request for removal submitted by the City Manager or any employee organization recognized by the City as an exclusive representative of employees who are members of the Federated City Employees' Retirement System.

   3. The Rules and Open Government Committee of the City Council shall consider any written request for removal submitted by a retired member of the Federated City Employees Retirement Plan or any member of the public, and shall determine in its discretion, whether such request should be forwarded to the full City Council for hearing. Any such request shall state the grounds for which removal is sought.

   4. Notice of hearing shall be provided to the affected Board member at least ten (10) days prior to the date of any City Council hearing.

   5. After the hearing, the City Council may remove the member of the Board from office if the Council makes a written finding of substantial evidence of cause for removal. Cause may include, but is not limited to, failure to discharge the Board member's duty as a fiduciary for the Plan, failure to remain qualified for the Board position to which the member is appointed, or failure to perform the Board member's duties in accordance with applicable law, including the requirements of Chapter 3.28 of Title 3 of this Code. For public members of the Board, cause for removal may also be based on failure to disclose all conflicts of interest, significant potential for conflict of interest, or appearance of conflict of interest as required by Code Section 2.08.1070F., and/or the existence of conflict of interest, significant potential for conflict of interest, or appearance of conflict of interest as based on information disclosed by public members of the Board pursuant to Code Section 2.08.1070F., or such other information as may be available to Council.

• D. Notwithstanding the appointment of a person to the position of member of the Voluntary Employees Beneficiary Association Advisory

T2:24

ADMINISTRATION

§ 2.08.160

Committee for a specific term or part of a term, any person holding such position may be removed by the Council for cause as set forth by Resolution of the Council.

(Ords. 25209, 26033, 26354, 28786, 28899, 30092.)

A member of a commission may be granted a leave of absence by the city council, and a temporary vacancy shall thereupon exist for the period of such leave of absence. During the period of such temporary vacancy, the council may fill such vacancy by temporary appointment to the commission; provided, however, that the period of such temporary appointment shall not exceed the period of the temporary vacancy. At the expiration of a leave of absence so granted, the member shall automatically resume membership on the commission.

(Ord. 25209.)

• A. The term of appointment to a Charter commission is as established by the Charter.

• B. Members of boards or commissions not established by the Charter shall serve for a term of four (4) years, unless otherwise specified in this Chapter. Such members shall be eligible for reappointment at the expiration of their first term for one (1) additional four (4)-year term. The first term shall begin from the date of the expiration of the former incumbent's term, irrespective of the date of actual appointment.

• C. Unless otherwise specified in this Chapter, members who are appointed to serve unexpired terms shall serve to the end of the former incumbent's term.

• D. Except as otherwise specified in this Chapter, a member may be appointed to serve a term of less than four (4) years or a term of less than the number of years established by this Chapter for the particular board or commission if the Council determines that it is in the best interest of the board or commission that a

member serve a shorter term in order to provide for appropriate staggered terms to preserve a continuity of membership on the board or commission.

• E. Except as otherwise specified in this Chapter, 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 same board or commission for up to two (2) consecutive additional terms.

• F. Notwithstanding Subsections A. through E. above, a member may be appointed to serve a third consecutive term with a length of one (1) to four (4) years, in the discretion of the City Council, if the City Council finds that reappointment of such member to a commission would be necessary to:

  1. Maintain a functioning quorum on the commission; or

  2. Maintain commissioners with one (1) or more years of experience or a required background on the commission; or

  3. Establish or reestablish staggered terms to preserve a continuity of membership on the board or commission.

• G. This Section shall not apply to the Voluntary Employees Beneficiary Association Advisory Committee as set forth by Resolution of the Council.

(Ords. 25209, 25498, 25840, 27255, 29250, 29771, 30092.)

• A. Except as set forth in Section 2.08.170, the city council shall appoint one of its members to act as a liaison representative to every board and commission.

• B. The council liaison serves to advise the city council of the background, attitudes and reasons behind decisions and recommendations of the board or commission; and, on request of any member of the board or commission, to advise the commission of policies, proce-

T2:25

SAN JOSÉ CODE

§ 2.08.160

dures and decisions of the council that may bear on matters under discussion by the board or commission.

• C. The council liaison may attend the meetings of the board or commission but, except as elsewhere specifically provided, shall have no power to vote and shall receive no additional compensation.

(Ords. 25209, 28970.)

• A. The city council shall appoint one of its members to act as a nonvoting non-fiduciary member of the board of administration of the federated city employees' retirement system.

  1. The council representative to the board of administration of federated city employees' retirement system serves to advise the city council of the background, attitudes and reasons behind decisions and recommendations of the board, and to advise the board of policies, procedures and decisions of the council that may bear on matters under discussion by the board.

  2. The council representative may attend the meetings of the board of administration of the federated city employees retirement plan and may fully participate with the voting members of the board in all matters pending before the board, with the exception of quasi-adjudicatory matters and closed sessions. The council representative shall be provided with a copy of the board's public agenda packet at the same time as agenda packets are distributed to board members, but shall not receive closed session material. The council representative shall have no power to vote on any matter pending before the board, nor shall the council representative be counted as a board member for the purpose of determining what constitutes a quorum of the board. The council

     • representative shall receive no additional compensation for serving as a nonvoting member of the board. The council representative shall not identify or represent himself or herself as a member of the board of administration of the federated city employees retirement plan except in meetings of the city council and the board of administration of the federated city employees retirement plan.

• B. The city council shall appoint one of its members to act as a nonvoting non-fiduciary member of the board of administration of the police and fire retirement plan.

  1. The council representative to the board of administration of the police and fire department retirement plan serves to advise the city council of the background, attitudes and reasons behind decisions and recommendations of the board, and to advise the board of policies, procedures and decisions of the council that may bear on matters under discussion by the board.

  2. The council representative may attend the meetings of the board of administration of the police and fire department retirement plan and may fully participate with the voting members of the board in all matters pending before the board, with the exception of quasi-adjudicatory matters and closed sessions. The council representative shall be provided with a copy of the board's public agenda packet at the same time as agenda packets are distributed to board members, but shall not receive closed session material. The council representative shall have no power to vote on any matter pending before the board, nor shall the council representative be counted as a board member for the purpose of determining what constitutes a quorum of the board. The council representative shall receive no additional compensation for serving as a nonvoting

T2:26

ADMINISTRATION

§ 2.08.420

member of the board. The council representative shall not identify or represent himself or herself as a member of the board of administration of the police and fire department retirement plan except in meetings of the city council and the board of administration of the police and fire department retirement plan. (Ord. 28970.)

• A. Each councilmember, including the mayor, shall nominate one commissioner to each council nominated commission. Names of those individuals chosen through the nomination process will be submitted to the city council for formal appointment.

• B. On or before the occurrence of a vacancy, the city clerk shall notify the councilmember responsible for the nomination of that seat.

• C. The council nominated commission selection process is only applicable to those commissions specifically referencing this section.

• (Ords. 29250, 29771, 30723.)

Part 2

RESERVED*

Part 4

AIRPORT COMMISSION

Sections:

• 2.08.410 Number of members.

• 2.08.420 Functions, powers, and duties.

*Editor’s note— Part 2 of Chapter 2.08, pertaining to Advisory Commission on Rents and Rent Mediation and Arbitration Hearing Process, being §§ 2.08.200 through 2.08.240, was repealed by Ordinance 29250, § 7, passed May 7, 2013.

The San José Airport Commission is hereby established.

(Ord. 25209.)

The commission shall consist of eleven members.

(Ords. 25209, 29250.)

The commission shall have the following functions, powers, and duties:

• A. Upon request of the city council, the airport commission shall investigate, study, or review any matter pertaining to the airport or aviation as may be referred to the commission by the council from time to time.

• B. If requested to do so by the director of aviation or member of the general public, or upon its own initiative, the airport commission may investigate, study or review any matter pertaining to the airport or aviation.

• C. The airport commission shall serve as an advisory body to the city council and the director of aviation regarding airport noise-related issues and shall provide a public forum for airport noise related issues, policies and decisions. The airport commission shall monitor curfew intrusion information and shall review the city's airport public information program and the city's airport noise complaint procedures.

• D. Reports and recommendations of the airport commission shall be submitted to the city council and to the director of aviation. The airport commission and its individual members are not authorized to submit any reports or recommendations to any other official body or person other than the city council or the director of aviation, unless first authorized to do

T2:27

SAN JOSÉ CODE

§ 2.08.420

so by the city council. Nothing in this subsection is intended to prohibit any member of the airport commission, solely in his or her capacity as a private citizen, from making any recommendations to other official bodies or persons respecting the airport or aviation.

• E. The airport commission shall have no other general authority or responsibility except as is set forth in this section. The commission shall have such other specific responsibilities as may be set forth in Title 25 of this Code.

(Ords. 25209, 29250.)

All members shall be appointed in accordance with Section 2.08.180.

(Ord. 29771.)

Part 6

APPEALS HEARING BOARD

Sections:

• 2.08.600 Creation.

• 2.08.610 Number of members.

• 2.08.615 Special eligibility requirements.

The board shall have the following functions, powers, and duties:

• A. Hear all administrative hearings and appeals authorized by this Code or by ordinance.

• B. Conduct all administrative abatement action hearings authorized by this Code or by ordinance.

• C. Perform the functions and duties within the jurisdiction of the code enforcement appeals commission and traffic appeals commission as set forth in other titles of this Code.

• D. Perform such other programs or functions related to administrative hearings and appeals that the city council or the city manager may, from time to time, authorize or request.

• E. Hear and determine, consistent with city policies, appeals from orders of the city traffic engineer pertaining to citizen requests for stop control devices.

• F. Issue decisions, consistent with city policies, to the city traffic engineer on the subject of installing stop signs at street intersections.

(Ords. 25209, 29250.)

• 2.08.620 Functions, powers, and duties.

• 2.08.630 Special provisions.

The San José Appeals Hearing Board is hereby established.

(Ord. 25209.)

The board shall consist of seven members. (Ords. 25209, 25372.)

One member of the board shall be an attorneyat-law licensed to practice in the state of California. (Ord. 25372.)

• A. Each member of the board shall be paid the sum of one hundred dollars per meeting for each meeting attended up to maximum of two hundred dollars per month.

• B. Members of the board shall be eligible for reappointment to successive four-year terms.

• (Ords. 25372, 30723.)

Part 8

ARTS COMMISSION

Sections:

• 2.08.830 Reserved.

• 2.08.840 Special eligibility requirements.

• 2.08.850 Functions, powers, and duties.

• A. "Work of art," as used in this Part 8, means any work of visual art including, but not limited to, a drawing, painting, mural, fresco, sculpture, mosaic, decoration, inscription, stained glass, statue, monument, a work of calligraphy, a work of photography or graphic art (including an etching, lithograph, offset print, silkscreen, or a work of graphic-art-like nature), crafts (including crafts in clay, textile, fiber, wood, metal, plastic, glass and like materials), mixed media (including a collage assemblage, or any combination of the foregoing art media) or any other work as recommended by the city's arts commission.

• B. Work of art may also include functional elements of capital improvement projects (such as benches, gates, lighting devices and landscaping) which are intended as artistic elements and which have been designed by professional artists.

• (Ord. 25209.)

The arts commission is hereby established. (Ord. 25209.)

• A. The Commission shall consist of eleven (11) members.

• B. This subsection shall apply to the Arts Commission as of August 11, 2020. As of August 11, 2020 and until December 31, 2020, the Commission shall consist of an additional four (4) temporary nonvoting members whose terms will be from August 11, 2020 to December 31, 2020. Notwithstanding Section 2.08.840 B and Council Policy 0-4, Consolidated Policy Gov-

erning Boards and Commissions, these four (4) temporary nonvoting members shall be appointed by the City Council without a nomination process and may consist of former commissioners. This subsection B shall automatically sunset and have no force or effect after 11:59 p.m. on December 31, 2020. (Ords. 25209, 29250, 30455.)

Editor’s note— Section 2.08.830, pertaining to Term of commission members, was repealed by Ordinance 29250, § 12, passed May 7, 2013.

• A. All members shall be either of acknowledged accomplishment in one or more of the following fields: architecture, art criticism, art history, choreography, crafts, drama, landscape architecture, literature, music, painting, photography and sculpture; or they must have demonstrated a deep interest and appreciation of cultural and artistic activities.

• B. All members shall be appointed in accordance with the provisions of Section 2.08.180.

• (Ords. 25209, 29250.)

The commission shall have the following nonexclusive functions, powers, and duties:

• A. Encourage the full artistic life of the city's culturally diverse community and the beautification of the city.

• B. Advise the council on all matters affecting the arts and the beauty of the city, including the development, organization and operation of municipal arts programs and facilities.

• C. Establish an effective liaison between the city and arts organizations, assess the needs of arts organizations and recommend to the council measures to promote the strength and cultural diversity of arts organizations.

T2:29

SAN JOSÉ CODE

§ 2.08.850

• D. Advise the council on appropriate policies and procedures for the distribution of city funding for the arts and make recommendations to the council respecting grants and other funding to arts organizations.

• E. Advise the council in coordination with appropriate boards and commissions on all matters related to public art, including the acquisition and placement of works of art as well as the maintenance, removal, relocation or alteration of existing works of art in the city's possession, and perform all duties with respect to the Art in Public Places Program as provided in Title 22 of this Code.

• F. Examine every two years the condition of the city's works of art and report to the council with recommendations for their care, maintenance and improvement.

• G. Render advice and assistance in the fields of art, aesthetics and beautification to other city boards and commissions.

• H. Establish an effective liaison and cooperation between the city's arts programs and the programs of adjacent communities, the county, the region, the state and the nation.

• (Ord. 25209.)

All members shall be appointed in accordance with Section 2.08.180.

(Ord. 29771.)

Part 10

BOARD OF ADMINISTRATION FOR FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM

Sections:

• 2.08.1030 Terms of office - Civil service commissioner.

• 2.08.1040 Terms of office - Employee members.

• 2.08.1050 Terms of office - Public members.

• 2.08.1060 Terms of office - Retired member.

• 2.08.1065 Compensation.

• 2.08.1070 Recommendations for filling certain vacancies.

"Board of Administration for the Federated City Employees' Retirement System," hereinafter in this Part 10 referred to as the "board," is hereby created and 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 administration for federated city employees' retirement system heretofore existing immediately prior to the effective date of this section, hereinafter referred to as the "preexisting board."

(Ords. 25209, 26354.)

• A. The board shall consist of seven members as follows:

  1. Four members of the board shall be members of the public appointed by the city council.

  2. Until at least three public members have been appointed, one of the members shall be the member of the civil service commission appointed by the city council prior to the effective date of the ordinance increasing the number of public board members to four.

T2:30

ADMINISTRATION

§ 2.08.1020

3. Two of the members shall be city employees, each from a different city department except as provided in Subsection B. of this section, who are members of the federated city employees' retirement system.

4. Until at least two public members have been appointed, 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.

5. One of the members shall be a person who has retired under the provisions of the federated city employees' retirement system.

• B. Notwithstanding the provisions of subsection A.3. of this section, if one of the city employee members of the board, subsequent to his or her appointment to the board, is transferred, for any reason including promotion or demotion, to an employment position in the same city department as the other city employee member, such transfer shall not disqualify either city employee from membership on the board, not shall such transfer disqualify either incumbent city employee from reappointment to the board.

(Ords. 25209, 26354, 28788.)

• A. Each public member of the board appointed on or before March 31, 2011 shall reside or have a primary place of employment or business within a fifty-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 appointed on or after April 1, 2011 shall reside within a fifty-mile radius of San José City Hall at all times during the board member's term of office.

• C. 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 rele-

vant field of study. An advanced degree in a relevant field of study or professional certification is desirable but not required.

• D. Each public member of the board shall possess a high level of knowledge and expertise, and at least twelve 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; heath 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 years combined experience in related field may meet this requirement.

• E. The following individuals shall be ineligible for appointment 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 city employees' retirement system; a representative from any union representing city employees; or 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.

• F. 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

T2:31

SAN JOSÉ CODE

§ 2.08.1020

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.

• G. For the purpose of this Section 2.08.1020, immediate family member means a person having any of the following relationships to a city employee or person participating in or receiving 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. 28788, 28899.)

The member of the civil service commission who was a member of the preexisting board imme-

diately prior to the effective date of the ordinance creating four public member positions shall continue to serve as a member of the board established by this part until four public members of the board have been appointed by council, or his or her seat becomes vacant under the provisions of Part 1 of this chapter.

(Ords. 25209, 26354, 28788.)

• A. Each City employee appointed to the seat of either of the employee members 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:

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

  2. The member ceases to be a City employee; or

  3. The member ceases to be a member of the Federated City Employees Retirement System.

• B. Employee members of the Board shall be eligible for reappointment to successive four (4)year terms.

• C. Upon the happening of any event described in Subsection A, 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 2.08.1070 of this Code.

• (Ords. 25209, 26354, 29771, 30723.)

• A. The member of the public who was appointed for a term expiring at the end of November, 2010 shall continue to serve as such member until the end of November, 2010; and such

T2:32

ADMINISTRATION

§ 2.08.1070

public member shall not be disqualified from reappointment at the expiration of his or her current term.

• B. Each member of the public appointed to the board, after the effective date of the ordinance providing for four public board members, shall be appointed for a term expiring four years after the date of expiration of the preceding member's term, to serve 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.

• C. Public members of the board shall be eligible for reappointment to successive four-year terms.

• D. Whenever a vacancy occurs in the seat held by a member of the public, the council, or the mayor, if authorized by the council, shall appoint a successor in conformance with the provisions of Section 2.08.1070 of this Code.

• (Ords. 25209, 26354, 28788.)

• A. The member who is required to be a person who retired under the provisions of the Federated City Employees Retirement System (hereafter "retired member") 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 2.08.1070 of this Code.

• C. A retired member may not serve more than two (2) consecutive terms unless no other retired member is recommended pursuant to Section 2.08.1070.

• (Ords. 25209, 26354, 30723.)

• A. The members of the board who are required to be members of the public not connected

with city government shall each be paid, as compensation for services, 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 the members shall be paid from the federated city employees retirement fund as an administrative expense of the federated city employees' retirement system.

• (Ords. 26845, 28788, 29574.)

• A. Whenever a scheduled vacancy exists in a seat on the Board held by a City employee, the City employees who are members of the Federated City Employees Retirement System 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, a City employee who is also a member of the Federated City Employees' Retirement System. For unscheduled vacancies, the candidate recommended by election may be appointed by the City Council to fill the remainder of the

T2:33

SAN JOSÉ CODE

§ 2.08.1070

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 City Council shall appoint all public members of the Board.

• C. One (1) of the public members of the Board shall be appointed by the City Council only after the candidates for such seat have been interviewed by the then existing Board and a recommendation for appointment has been made by the Board to the Council.

  1. If a majority of the Board recommends one (1) candidate, only that candidate will be forwarded to the City Council for consideration.

  2. If a majority of the Board does not recommend one (1) candidate, the top two (2) candidates will be forwarded to the City Council for consideration.

  3. Any vacancy in the seat held by such public member shall always be filled pursuant to this Section 2.08.1070 C.

• D. Whenever there is a scheduled vacancy in the seat on the Board held by a retired member of the Federated City Employees' Retirement System because of the expiration of a retired member's term of office, the following procedures apply:

  1. Retired members of the Federated City Employees' Retirement System who want to serve on the Board in the retired member seat must file an application with the Office of the City Clerk. All applications must be submitted on a form provided by the City Clerk, and submitted on or before the date and time set by the City Clerk.

  2. If four (4) or more candidates apply to serve on the Board in the retired member seat, the retired members of the Federated City Employees' Retirement System shall nominate, through a nomination process established by the City Clerk, three (3) candidates to be interviewed by

the panel established under Section 2.08.1070, subsection (D)(4). However, the nomination process among the retired members of the Federated City Employees' Retirement System shall not occur if less than four (4) candidates apply.

3. The panel shall interview the three (3) candidates nominated through the nomination process conducted among the retired members of the Federated City Employees' Retirement System. However, the panel shall interview all candidates if less than four (4) candidates applied to serve on the Board in the retired member seat. The purpose of the interview is to ensure that the candidates will be able to attend Board meetings, fulfill the time commitment of a Board member, and have the requisite qualifications and experience to fulfill the duties of a Board member.

4. The panel must consist of:

   • a. a representative from the employee organizations affiliated with the American Federation of State, County and Municipal Employees, AFSCME Local 101;

   • b. a representative from the employee organizations other than the organizations affiliated with AFSCME, Local 101;

   • c. a representative from the City Manager's Office; and

   • d. two (2) representatives from the City of San José Retired Employees Association.

5. The panel shall select one (1) of the candidates it interviewed for the City Council to consider for appointment to the Board. The panel's selection is the candidate who received a majority of affirmative votes on 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 re-

T2:34

ADMINISTRATION

§ 2.08.1200

tired member, each member of the panel may submit a written report to the City Council.

• E. Whenever an unscheduled vacancy occurs in a seat on the Board held by a retired member of the Federated City Employees' Retirement System prior to the expiration of a retired member's term of office, the following procedures apply:

  1. The City of San José Retired Employees Association shall recommend to the Board 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 is routine business on the Council agenda and may be an item on the consent calendar.

  1. Council may only reject the employee recommended in accordance with Section 2.08.1070, subsection (A), upon a finding of cause for rejection.

  2. Council may only reject the retiree selected by the panel, in accordance with Section 2.08.1070, subsection (D)(5), upon a finding of cause for rejection.

  3. For the purposes of this Section, 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 3.28 of Title 3 of this Code.

(Ords. 25209, 26354, 28788, 28899, 29771, 29997, 30723.)

The board shall have all powers, functions and duties given to it by the provisions of Chapters 3.20 and 3.28 of Title 3 of the San José Municipal Code. (Ords. 25209, 26354, 29771.)

The director of the department of retirement services shall be the secretary of the board. (Ords. 25209, 26034, 26354.)

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.

"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

§ 2.08.1200

immediately prior to the effective date of this section, hereinafter referred to as the "preexisting board."

(Ords. 25209, 26033.)

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

§ 2.08.1230

  - b. The member ceases to be an employee of the Police 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.

• 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

§ 2.08.1245

by the then existing board and a recommendation for appointment has been made by the board to the council.

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.)

• 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

§ 2.08.1610

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*

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."

T2:41

SAN JOSÉ CODE

§ 2.08.1620

• 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.

T2:42

ADMINISTRATION

§ 2.08.2030

erned by the Charter. The Charter shall control over any inconsistent provision of this part.

• (Ord. 25209.)

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.)

T2:43

2025-Supplement 2

SAN JOSÉ CODE

§ 2.08.2100

Part 21

CLIMATE ADVISORY COMMISSION*

Sections:

• 2.08.2100 Commission established.

• 2.08.2110 Number of members.

• 2.08.2120 Special eligibility requirements.

• 2.08.2130 Functions, powers, and duties.

• 2.08.2140 Appointment process.

The Climate Advisory Commission is hereby established and will become effective January 1, 2024 when it merges with and replaces the Clean Energy Community Advisory Commission. (Ord. 30905.)

The commission shall consist of eleven (11) members.

(Ord. 30905.)

• A. Members shall be residents of the City unless the City Council specifically authorizes a nonresident for an expert member in Subsection (C) below.

• B. Whenever possible, at least five (5) members shall be community representatives who must be from different Council Districts.

• C. Whenever possible, at least three (3) members shall have expertise in one (1) of the following categories: clean energy, power planning, transportation, finance, climate science, planning and building, and environmental law.

*Editor’s note— Ord. 30905, adopted May 16, 2023, amended Part 21 in its entirety, in effect repealing and reenacting said Part 21 to read as set out herein. The former Part 21, §§ 2.08.2100 - 2.08.2140, pertained to clean energy community advisory commission and derived from Ords. 30013, 30632.

• D. Whenever possible, at least one (1) member shall be a representative from a climate, environmental advocacy, or community-based organization.

• E. Whenever possible, at least one (1) member shall be a representative from a labor, business, or educational institution.

• F. Whenever possible, at least one (1) member shall be a youth representative between the ages of 14 and 21.

• (Ord. 30905.)

The Commission shall have the following functions, powers, and duties:

• A. Advise and make recommendations to the City Council and the City Manager, or designee, on all aspects of San José Climate Smart plan, with a focus on the Pathway to Carbon Neutrality by 2030 and climate adaptation; and provide feedback on staff recommendations to the City Council, and Transportation and Environment Committee, when appropriate;

• B. Serve as a community voice in matters related to San José's Climate Smart initiatives; and

• C. Advise and make recommendations to the City Council and the City Manager, or designee, on San José Clean Energy's services and product offerings, Integrated Resource Plan, and programs.

• (Ord. 30905.)

• A. The members of the Clean Energy Community Advisory Commission with unexpired terms as of January 1, 2024 shall continue to serve as Climate Advisory Commissioners until their seats become vacant under Part 1 of this Chapter.

• B. The Council Appointment Advisory Commission shall review all applicants and make a nomination to the City Council for all mem-

T2:44

2025-Supplement 2

ADMINISTRATION

§ 2.08.2140

bers of the Climate Advisory Commission. If the Council Appointment Advisory Commission is unable to meet, members of the Climate Advisory Commission may be appointed upon the Mayor's nomination to the City Council and the City Council's approval of such nomination.

• (Ord. 30905.)

T2:44.1

2025-Supplement 2

ADMINISTRATION

§ 2.08.2620

Part 22

COUNCIL APPOINTMENT ADVISORY COMMISSION