Part 16 — SAN JOSÉ BOARD OF FAIR CAMPAIGN AND POLITICAL PRACTICES

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."

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.)

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.)