TO: HONORABLE MAYOR FROM: Toni J. Taber, CMC
AND CITY COUNCIL City Clerk
SUBJECT: BOARD OF FAIR CAMPAIGN AND DATE: March 13, 2023
POLITICAL PRACTICES
INTERVIEW
RECOMMENDATION
Approve the following Boards and Commissions appointments:
1. Interview applicants for appointments to the Board of Fair Campaign and Political Practices.
2. Appoint up to two (2) applicants to a term ending March 1, 2027.
3. If any vacancy remains, direct the City Clerk to continue recruitment efforts and bring forward additional applicants for consideration within 90 days.
Please note: Approval of this item requires 8 or more affirmative votes (2/3).
OUTCOME
Appointments will create a full membership on the board of Fair Campaign and Political Practices to continue with board business. In addition, it will also fulfill requirements of a quorum at the next board meeting scheduled for April 13, 2023.
BACKGROUND
San Jose Municipal Code (SJMC) Section 2.08.1630 establishes the requirements for services on the five-member Board of Fair Campaign and Political Practices (Board) as follows:
(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 members 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.
COUNCIL AGENDA: 3/28/2023
FILE: 23-425
ITEM: 3.4
HONORABLE MAYOR AND CITY COUNCIL
March 13, 2023
Subject: Boards and Commissions Appointments
(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.
There are two (2) vacancies on the Board. The Office of the City Clerk conducted an open recruitment. Per Council Policy 0-4, Consolidated Policy Governing Boards and Commissions, applicants who were not appointed to a Board or Commission will have their applications maintained on file in the City Clerk's Office for a period of one year from the date of application. All applicants met the eligibility requirements to serve on the Board. Three applications were received. On February 28, 2023, four applicants were interviewed and one appointed leaving two remaining vacancies. The City Clerk stated she would bring forward applicants who had applied since the initial close of the application period and any other applicants who were unable to attend the February 28th meeting for interview and appointments on March 28, 2023.
Due to the number of vacancies, all applicants were invited to the March 28, 2023 interview.
ANALYSIS
Four applicants have been invited to be interviewed by the City Council on March 28, 2023. A successful applicant must receive a two-thirds vote of the City Council (eight (8) or more votes) to be appointed to the Board. (SJMC § 2.08.1610.) If any seat remains unfilled, it is recommended that the recruitment be referred back to the City Clerk to secure additional applicants for consideration by the Council in 90 days. After the interviews, the Council may make up to two (2) appointments to the Board to fill two (2) vacancies for terms ending March 1, 2027. Those to be interviewed are:
o Venkata Naga Vasundhara
o Gregory Ebert
o Kashvi Jain
o Lee Space
The applications of the four (4) applicants invited to be interviewed and memorandum from the Office of the City Attorney regarding their conflicts of interest reviews are also included. The City Council may also consider appointing those who were interviewed on February 28th and not appointed at that time.
HONORABLE MAYOR AND CITY COUNCIL
March 13, 2023
Subject: Boards and Commissions Appointments
PUBLIC OUTREACH
The Office of the City Clerk conducted an open recruitment for the vacancies ending January 31, 2023 and extended to February 10, 2023.
COORDINATION
This memorandum has been coordinated with the Office of the City Attorney.
CEQA
Not a Project, File No. PP17-010, City Administrative Activities, resulting in no changes to the physical environment.
TONI J. TABER, CMC
City Clerk
For questions, please contact Toni Taber, City Clerk, at (408) 535-1260.