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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE
AMENDING SECTIONS 2.08.180, 2.08.630, 2.08.1040,
2.08.1060, 2.08.1070, 2.08.1220, 2.08.1230, 2.08.1235,
2.08.1240, AND 2.08.1245, AND REPEALING PART 30 OF
CHAPTER 2.08 OF TITLE 2 OF THE SAN JOSE
MUNICIPAL CODE TO MAKE ADMINISTRATIVE
AMENDMENTS, 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
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), it has been determined that the provisions of this Ordinance do not constitute a project, under File No. PP17- 008 (General Procedure and Policy Making Resulting in No Changes to the Physical Environment); and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
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SECTION 1. Section 2.08.180 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding Council nominated commissions is amended to read as follows:
2.08.180 Council Nominated Commissions
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. In the event that a councilmember or mayor fails to provide a nominee, delegate their nomination to the council advisory appointment commission, or request additional recruitment within thirty days of such notice, the council appointment advisory commission shall be authorized to submit a nominee to the city council for formal appointment.
D. The council nominated commission selection process is only applicable to those commissions specifically referencing this section.
SECTION 2. Section 2.08.630 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Appeals Hearing Board is amended to read as follows:
2.08.630 Special Provisions
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.
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B. Members of the board shall be eligible for reappointment to successive four-year terms.
SECTION 3. Section 2.08.1040 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Federated Retirement Board is amended to read as follows:
2.08.1040 Terms of Office - Employee Members
A. The two members who are required to be city employees shall be appointed and shall serve for the following terms:
1. The member who was appointed for a term expiring at the end of November, 2001 shall continue to serve as such member until the end of November, 2001.
2. The member who was appointed for a term expiring at the end of November, 2003 shall continue to serve as such member until the end of November, 2003.
B. Each Ccity employee thereafter 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 Ccity employee; or
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3. The member ceases to be a member of the Ffederated Ccity Eemployees Rretirement Ssystem.
BC. Employee members of the Bboard shall be eligible for reappointment to successive four (4)-year terms.
CD. Upon the happening of any event described in Subsection AB, above, the member shall thereupon cease to serve as a member of the Bboard, and a vacancy in office shall be deemed to exist for the unexpired term of said member.
Thereupon, the Ccouncil, or the Mmayor, if authorized by the Ccouncil, 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.
SECTION 4. Section 2.08.1060 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Federated Retirement Board is amended to read as follows:
2.08.1060 Terms of Office - Retired Member
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 and shall serve for the following term:
1. The first retired member shall be appointed for a term expiring at the end of November, 2004.
2. Each retired member thereafter appointed to the Board shall be appointed for a term expiring four (4) years after the date of expiration of the preceding member's NVF:NXN:CER
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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.
SECTION 5. Section 2.08.1070 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Federated Retirement Board is amended to read as follows:
2.08.1070 Recommendations for Filling Certain Vacancies
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. however, uUpon any unscheduled vacancy or vacancies in such office during the unexpired regular term, the City Council shall, in accordance with rules procedures prepared by the City Clerk and approved by the City Council, 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 NVF:NXN:CER
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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. The first public member to be appointed pursuant to this Section
2.08.1070.C will not be appointed until the three other public members' seats have been filled by Council and all other seats on the Board have been filled by Council. Thereafter, aAny 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 NVF:NXN:CER
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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;
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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 retired 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.
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1. Council may only reject the employee recommended by a majority of those voting in an election among employees, held 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.
SECTION 6. Section 2.08.1220 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Police and Fire Retirement Board is amended to read as follows:
2.08.1220 Qualifications - Public Members
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 (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 appointed on or after April 1, 2011 shall reside within a fifty (50) mile radius of San José City Hall at all times during the Board member's term of office.
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BC. 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.
CD. 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.
DE. 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 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.
EF. 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 NVF:NXN:CER
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the Board. For the purpose of evaluating conflicts ofr 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.
FG. 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 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-in-law, son-in-law, half-sister, half-brother.
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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.
SECTION 7. Section 2.08.1230 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Police and Fire Retirement Board is amended to read as follows:
2.08.1230 Terms of Office - Police and Fire Employee Members
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. The person who was appointed for a term expiring at the end of November, 2001 shall continue to serve as such member until the end of November, 2001.
21. Each employee of the Police Department thereafter 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 Police Department; or
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c. The member ceases to be a member of the Police and Fire Department Retirement Plan.
32. Upon the happening of any event described in Paragraph 21, 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. The person who was appointed for a term expiring at the end of November, 2003 shall continue to serve as such member until the end of November, 2003.
21. Each employee of the Fire Department thereafter 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;
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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.
23. Upon the happening of any event described in Paragraph 21 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.
SECTION 8. Section 2.08.1235 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Police and Fire Retirement Board is amended to read as follows:
2.08.1235 Terms of Office - Retired Members
A. T h e m e m b e r w h o i s r e q u i r e d t o b e a p e r s o n w h o r e t i r e d f r o m t h e F i r e D e p a r t m e n t u n d e r t h e p r o v i s i o n s o f t h e P o l i c e a n d F i r e D e p a r t m e n t R e t i r e m e n t P l a n ( h e r e a f t e r " r e t i r e d m e m b e r " ) s h a l l b e a p p o i n t e d a n d s h a l l s e r v e f o r t h e f o l l o w i n g t e r m :
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.
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1. The first retired Fire Department member shall be appointed for a term expiring at four (4) years after his or her appointment.
2. The retired member of the preexisting Board immediately prior to the effective date of the ordinance creating two retiree Board positions shall continue to serve as the retired Police member of the Board established by this Part until the expiration of his or her current term on November 30, 2012, or his or her seat becomes vacant under the provisions of Part 1 of this Chapter, whichever first occurs.
B. Each retired member thereafter 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.
BC. 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.
CD. Retired members may not serve more than two (2) consecutive terms unless no other retired member is recommended pursuant to Section 2.08.1245.
SECTION 9. Section 2.08.1240 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Police and Fire Retirement Board is amended to read as follows:
2.08.1240 Procedure for Filling Public Member Vacancies
A. The City Council shall appoint the public members of the Board.
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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 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. The first public member to be appointed pursuant to this Section
2.08.1240.B. will not be appointed until the four (4) other public members' seats have been filled, by Council and all other seats on the Board have been filled by Council. Thereafter, any vacancy in the seat held by such public member shall always be filled pursuant to this Section 2.08.1240.B.
SECTION 10. Section 2.08.1245 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Police and Fire Retirement Board is amended to read as follows:
2.08.1245 Recommendations for Filling Employee and Retiree Vacancies
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 NVF:NXN:CER
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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 NVF:NXN:CER
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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.
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 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) NVF:NXN:CER
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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 Aassociation of Rretired San José Police Oofficers and Firefighters shall recommend up to three (3) candidates for appointment for the remainder of the unexpired term.
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Council Agenda: 2-15-22
Item Number: 2.7
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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 be 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.
SECTION 11. Part 30 of Chapter 2.08 of Title 2 of the San José Municipal Code regarding the Human Services Commission is hereby repealed.
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Council Agenda: 2-15-22
Item Number: 2.7
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Part 30
Human Services Commission
2.08.3000 Commission Established, Continuation
The human services commission is hereby established as the successor to and continuation of (a) the human rights commission, and (b) the disability advisory commission.
2.08.3010 Number of Members
As of January 1, 2014, the commission shall consist of thirteen members.
2.08.3020 Special Eligibility Requirements
A. As of January 1, 2014, persons appointed to the commission shall be representative of the entire community and shall be comprised of persons with demonstrated human rights concerns.
B. At least one member of the commission shall be a disability service provider or representative of the disabled community.
C. At least one member of the commission shall be a domestic violence service provider or a domestic violence survivor.
2.08.3030 Functions, Powers, and Duties
The commission shall have the following functions, powers, and duties:
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Council Agenda: 2-15-22
Item Number: 2.7
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
A. Implement the City of San José human rights policy and recommend programs which promote the fulfillment of human rights in the city.
B. Study, review and evaluate and make recommendations to the city council relative to matters affecting human rights, including but not limited to discrimination based on race, color, ethnicity, national origin, disability, age, sex, marital status, sexual orientation, gender identity or religion, and relative to equal employment opportunity policies and practices within the city government and throughout the city.
C. Advise and make recommendations regarding specific elements of the City of San José equal employment opportunity plan and programs affecting city employment.
2.08.3040 Appointment Process
A. The seats to be filled by members meeting the special eligibility requirements shall be nominated by the Council Appointment Advisory Commission. If the Council Appointment Advisory Commission is unable to meet, members meeting the special eligibility requirements may be appointed upon the Mayor's nomination to the City Council, and the City Council's approval of such nomination.
B. The remaining members shall be appointed in accordance with the provisions of Section 2.08.180.
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Council Agenda: 2-15-22
Item Number: 2.7
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
2.08.3050 Transition Period
As of July 1, 2013 and until December 31, 2013, the commission shall consist of the combined seated members of the human rights commission and the disability advisory commission.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk