SAN JOSÉ CITY COUNCIL CLOSED SESSION AGENDA
October 31, 2023
Place: City Hall Conference Room W-133
Time: 9:30 a.m.
Item(s) to be discussed:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Sections 54956.9(d)(2) and 54956.9(e)(3) of the Government Code:
1. Claimants(s): In re Claim of Daniels
City Department: Transportation
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Sections 54956.9(d)(2) and 54956.9(e)(3) of the Government Code:
2.. Claimants(s): In re Claim of Infanger
City Department: Transportation
B.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
1. Case Name: Joseph, Rhawn et al. v. City of San Jose, et al.
Name(s) of Parties(s) RHAWN JOSEPH, PH.D. v. LUCY KOH, FEDERAL EMPLOYEE; CITY OF SAN JOSE,
A MUNICIPAL CORPORATION; DAVE
SYKES; ROSALYN HUGHEY; KENDRA
McGEE-DAVIES; BRIAN MUNOZ; JASON
GIBILESCO; RICHARD DOYLE, SUED IN
THEIR INDIVIDUAL CAPACITIES AND AS
CO-CONSPIRATORS,
NORA FRIMANN, CITY ATTORNEY
Court: Northern District of California, San Jose
Division
Case No: 5:20-CV-03782-VKD
Amount of Money or Other Relief
Sought:
Damages according to proof
2. Case Name: Rhawn Joseph v. City of San Jose, et al.
Name(s) of Parties(s) DR. RHAWN JOSEPH, PH.D., CITY
OF SAN JOSE, A MUNICIPAL
CORPORATION; DAVE SYKES,
ROSALYNN HUGHEY, MOLLIE
MCLEOD, SEAN FLANAGAN, JASON
GIBILESCO, SUED IN THEIR
INDIVIDUAL CAPACITIES
Court: Untied States District Court Northern District
of California
Case No: 1:19-CV-01294-RMI
Amount of Money or Other Relief
Sought:
Damages according to proof
3. Case Name: Andrea Ortega v. City of San Jose, et al.
Name(s) of Parties(s) ANDREA ORTEGA; CITY OF SAN JOSE;
SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY;
NICHOLAS BERGMAN
Court: Superior Court of California; County of Santa
Clara
Case No: 21CV375939
Amount of Money or Other Relief
Sought:
Damages according to proof
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Sections 54956.9(d)(2) and (e)(1) of the Government code:
Number of matter(s) to be discussed: 2
C. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
City Negotiator: Jennifer Schembri, Director of Employee Relations Employee Organizations:
1. Organization or Name and Title
of Unrepresented Employees:
San José Police Officers’ Association
(SJPOA)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or
MOA:
Memorandum of Agreement — City of San
José and San José Polices’ Association
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/poa
Telephone – Employee Relations: (408) 535-
8150