TO: HONORABLE MAYOR AND FROM: TONI J. TABER, CMC
CITY COUNCIL CITY CLERK
SUBJECT: SEE BELOW DATE: February 3, 2022
SUBJECT: Administrative Amendments to Boards and Commissions.
RECOMMENDATION
Approve an ordinance to amend Chapter 2.08 of Title 2 of the San José Municipal Code to make administrative amendments to Boards and Commissions to eliminate term limits for Appeal Hearing Board members, eliminate the election process for scheduled Employee seat vacancies and scheduled Police and Fire retiree seat vacancies with only one applicant, allow appointment of Retirement Board applicants to a less than 12-month term plus subsequent full four year term, and eliminate the Human Services Commission.
OUTCOME
By adopting the attached Ordinance, the process for certain Boards and Commissions appointments will be streamlined. Additionally, the Human Services Commission will be eliminated in anticipation of a new taskforce.
BACKGROUND
The following changes are proposed in the attached ordinance:
1) Council Appointment Advisory Commission (CAAC): Deleting San Jose Municipal Code (SJMC) § 2.08.180.C regarding CAAC appointing when Councilmember or Mayor fails to provide a nominee due to obsolete process.
2) Appeals Hearing Board: Adding SJMC § 2.08.630 allowing Appeals Hearing Board members to be eligible for reappointment to successive four-year terms (i.e. eliminating term limits)
3) Federated Retirement Board and Police & Fire Retirement Board (Chapters 10 and 12 of
2.08):
a. Deleting provisions referring to terms ending or dates in 2001, 2003, 2004, 2011, etc. as they are no longer applicable
COUNCIL AGENDA: 2/15/2022
FILE NO: 22-139
ITEM: 2.7
HONORABLE MAYOR AND CITY COUNCIL
Subject: Boards and Commissions
February 3, 2022
b. To reduce administrative costs of running an election ($3000-$5000/election) when there is only one eligible employee applying for a scheduled vacancy, allowing that candidate to proceed directly to Council without an election.
c. To reduce administrative costs of running an election when there is only one eligible Police or Fire retiree applying for a scheduled vacancy, election when there is only one eligible employee applying for a scheduled vacancy, allowing that candidate to proceed directly to the interview panel without an election.
d. To reduce administrative costs of running an election for an unscheduled vacancy, allowing a candidate recommended by election and appointed by Council to fill a remaining term of less than 12 months plus the subsequent full four-year term.
4) Eliminating Human Services Commission. The City Council provided initial direction to City staff at the January 26, 2021 Council meeting to examine how to align the scope and work of the Human Services Commission with the work of the newly formed Office of Racial Equity. Staff has proposed an alternative body that will ensure equitable community engagement for the purposes of contributing to City policies and practices that will benefit historically marginalized communities. As such, the current language in Title 2 should be repealed to pave the way for the creation of a new body via City Council resolution.
ANALYSIS
Changes proposed will allow for the municipal code to match current practices, and save money on paying for an election when only one name is on the ballot.
EVALUATION AND FOLLOW-UP
Staff will return with the creation of a new body to replace the Human Services Commission.
PUBLIC OUTREACH
This memo and ordinance will be posted with the agenda for February 15, 2022.
COORDINATION
Preparation of this report has been coordinated with the City Attorney’s Office and the City Manager’s Office.
CLIMATE SMART SAN JOSE
The recommendation in this memo has no effect on Climate Smart San José energy, water, or mobility goals.
HONORABLE MAYOR AND CITY COUNCIL
Subject: Boards and Commissions
February 3, 2022
COMMISSION RECOMMENDATION/INPUT
No commission recommendation or input is associated with this action.
COST SUMMARY/IMPLICATIONS
Approval of this ordinance will result in a cost savings by simplifying appointment processes and eliminate the printing and mailing of ballots.
CEQA
Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment
TONI J. TABER, CMC
City Clerk
If you have any questions, please contact the Office of the City Clerk at 408-535-1260.