COI April 2022
TO: HONORABLE MAYOR AND
CITY COUNCIL
FROM: Nora Frimann
City Attorney
SUBJECT: NEIGHBORHOODS
COMMISSION APPLICANTS :
CONFLICTS OF INTEREST
DATE: April 3, 2022
BACKGROUND
This office routinely reviews applications to Cit y Boards, Commissions, and Committees. Although these applications do not offer complete information, they occasionally disclose potential conflicts of interest or incompatible offices. This memorandum highlights major areas of potential conflict disclos ed in the applications.
However, this review is limited to the information provided, and is not intended to be a comprehensive investigation of potential conflicts involving the applicants.
COMMISSION DUTIES
The Neighborhoods Commission is an advisory body to the City Council . (SJMC §§
2.08.3400 et seq.) It studies, reviews, evaluates, and makes recommendations to the City Council “regarding issues, policies, and programs affecting the quality of life in San José neighborhoods, focusing on neighborhood s afety, transportation, and code enforcement.” (SJMC § 2.08.3430.) In addition, it serves as a Citizens’ Oversight Board that reports to the City Council about revenue expenditures generated from the November 2016 voter-approved sales tax. (Reso. No. 78016.)
COMMISSION MEMBERSHIP
The Commission is a 20- member body. Each member must reside within the boundaries of the council district for the seat to which he or she was appointed during the term of that seat. (SJMC §§ 2.08.3410, 2.08.3420.) If a member is no longer a resident of the council district, the seat will be deemed vacant.
The City Council appoints Neighborhoods Commissioners after taking into consideration nominations provided through a neighborhood groups caucus process. (SJMC §2.08.3440.A.) If a vacancy occurs outsi de of the scheduled caucus process, the Council may fill the vacancy based on the recommendation of the council appointment
HONORABLE MAYOR AND CITY COUNCIL
April 4, 2022
Subject: Neighborhood Commission Applicants
COI April 2022
advisory commission. (SJMC §2.08.3440.D.)
LEGAL CONFLICTS THAT MAY PRECLUDE VOTE OR PARTICIPATION
Certain positions may preclude a commissioner from participating in a commission discussion or from voting on a matter if there is a conflict. While this list is not complete, conflicts usually fall within the following situations:
• An application shows entities that are “sources of i ncome” to a potential commissioner within the 12 months preceding the start of the commission term, as defined under the Political Reform Act.
• An application shows sources of income to a spouse or Domestic Partner of a potential com missioner within the 12 months preceding the start of the commission term.
• An applicant or the spouse or Domestic Partner of an applicant, is an Officer or Board Member of an entity and it is foreseeable that the entity could be involved in a matter coming before the commission.
In each of these instances, the commissioner may be required to recuse himself or herself if a matter comes before the Commission affecting the above interests. A Commissioner’s employer, or the employer of the Commission er’s spouse, is generally considered a source of income to the Commissioner such that the Commissioner will have to recuse himself or herself from taking part in the Commission’s decision on a matter if the decision will have a foreseeable financial effect on the employer.
APPEARANCE OF BIAS
There may also be facts which would not amount to a legal conflict of inter est, but still require recusal because certain relationships may create an appearance of bias. City Council policy requires commissioners to be free from bias in their decision making and may require recusal if the facts could reasonably lead one to conc lude that the commissioner would be biased for or against an entity or entities.
HONORABLE MAYOR AND CITY COUNCIL
April 4, 2022
Subject: Neighborhood Commission Applicants
COI April 2022
APPLICANTS
The following applications were reviewed:
COUNCIL DISTRICT 1
Douglas Andrey : Applicant applied on November 2, 202 1. Applicant is the Head of Operations at Omnilndex.
Otherwise, no incompatible offices or conflicts of interest are disclosed.
COUNCIL DISTRICT 4
Barinder Ahluwalia: Applicant applied on March 29, 2022. Applicant is retired.
No incompatible offices or conflicts of interest are disclosed.
COUNCIL DISTRICT 9
Brad Loos: Applicant applied on February 14, 2022. Applicant is employed as a Public Policy and State Government Lead with Align Technology, Inc. Applicant’s spouse is employed as a Dentist with James Lin, DMD.
Applicant further discloses that Applicant founded the Loos Family Foundation for the Early Detection of Cancer and serves on the Board of Directors for the Fremont Union High Schools Foundation and the South Bay Pacific Alumni Club Steering Committee. It is possible that the Commission could consider an issue that may come within the purview of Applicant’s roles with these group, presenting an actual conflict or appearance of bias. In such a case, Applicant may not be able to participate in the Commission’s decision on that matter.
Otherwise, no incompatible offices or conflicts of interest are disclosed.
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HONORABLE MAYOR AND CITY COUNCIL
April 4, 2022
Subject: Neighborhood Commission Applicants
COI April 2022
CONCLUSION
The Council may wish to consider the above comments in maki ng appointments to the Neighborhoods Commission. Presently, applicants do not appear to have any disclosed incompatible offices or conflicts that would prevent serving on the Commission.
NORA FRIMANN
City Attorney
By: /s/__________________________
Mark J. Vanni
Senior Deputy City Attorney
cc: Jennifer Maguire, City Manager
Toni J. Taber, CMC, City Clerk