San Jose Municipal Code Part 1 Duties and Responsibilities

"San José Board of Fair Campaign and Political Practices," also referred to in this title as "board of fair campaign and political practices" or "commission," shall mean the commission established pursuant to the provisions of Part 16 of Chapter 2.08.

(Ords. 25209, 26440, 26976, 29398, 29642, 29772.)

A. The commission shall meet no less than two times during the year of a municipal election. At least one meeting shall be held before the primary election and one meeting shall be held before the general election.

B. The commission shall meet at other times as set forth in the resolution of bylaws of the commission or as called by the chair. Deliberations and meetings of the commission shall be open to the public in accordance with the Ralph M. Brown Act (Government Code Section 54950 et seq.)

C. The office of the city clerk shall staff such meetings.

(Ords. 24499, 25525, 26440, 26976, 29642.)

A. Three members constitute a quorum of the commission, and the votes of at least three members are required to take any action.

B. Each member voting to impose any order or penalty for a violation of this title, must certify that he or she has heard (either in person or by listening to a recording) or has read a transcript of the testimony at the hearing on the complaint and has reviewed all the evidence in the record.

(Ords. 24499, 25525, 26440, 26976, 28624, 29642.)

The commission shall have the following duties and responsibilities:

A. Monitor compliance with all campaign and ethics ordinances in this title.

B. Review and investigate allegations of violations of this title and take enforcement action where appropriate.

C. Make recommendations to the city council with regard to campaign and ethics regulations and policies.

D. Settle challenges to commission decisions in accordance with Section 4.24.050 of Title 4 of this Code.

(Ords. 24499, 25525, 26440, 26976, 29642.)

A. The city council shall adopt, by resolution, regulations and procedures for investigations and hearings to be conducted by the commission.

B. The commission has the authority to investigate complaints alleging violations of this title, in accordance with the regulations and procedures adopted by resolution of the city council.

C. A complaint filed with the commission may be investigated only if the complaint identifies the specific alleged violation which forms the basis for the complaint and contains sufficient facts to warrant a formal investigation.

D. The City Clerk is authorized to dismiss complaints without prejudice that do not satisfy the requirements of this Section or are outside the jurisdiction of the commission.

E. The council shall retain an independent and neutral evaluator, selected by the commission, to review and investigate complaints and to make recommendations to the commission. The council shall appropriate funds anticipated to be needed to fund the evaluator for a period of four years.

F. No complaint, investigative file or information contained therein may be disclosed by a city official, city employee, the evaluator or investigator to any person other than a respondent or respondent's representative, the city attorney or district attorney, a court, a law enforcement agency or otherwise as necessary to the conduct of an investigation before the evaluator presents the report and recommendations to the commission.

G. Except as provided in this section, the evaluator must refer any complaint where the respondent is a classified or unclassified employee appointed by a city council appointee to the appointing authority for investigation and action. The board of fair campaign and political practices must not take any further action on the complaint with regard to the employee.

H. Any city employee who is a candidate for city office must be treated as any other candidate for purposes of Chapter 12.06.

I. The city attorney's office may provide legal advice to the commission related to noncomplaint matters or general interpretations of the Municipal Code or relevant state or federal law, but must not participate in investigations or reviews of complaints.

(Ords. 24499, 25525, 26440, 26976, 28624, 29398, 29642, 29772, 30946.)

A. The commission may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records or other items.

B. The chair of the commission, after consultation with the evaluator, shall have the power to subpoena witnesses and to compel their attendance and testimony, administer oaths and affirmations at a scheduled commission hearing or meeting, and to require by subpoena the production of any books, papers, records or other items.

C. The subpoena power shall be used only after a finding by the chair of the commission that the information or testimony is essential for a determination and material to its duties and/or exercise of its powers and that good faith efforts to acquire relevant information have failed.

(Ords. 25525, 26440, 26976, 27339, 29398, 29642.)