Council Agenda: 11/19/2024
File: 24-2219
Item: 3.4
TO: HONORABLE MAYOR AND FROM: Toni J. Taber, MMC
CITY COUNCIL City Clerk
SUBJECT: SEE BELOW DATE: November 7, 2024
SUBJECT
PUBLIC MEMBER APPOINTMENTS TO THE BOARD OF ADMINISTRATION FOR
FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF ADMINISTRATION FOR THE POLICE & FIRE DEPARTMENT RETIREMENT PLAN.
RECOMMENDATION
(a) Interview applicant(s) for appointment to the Public Member Seat and appoint one (1) applicant to the Public Member Seat on the Board of Administration for the Federated City Employees’ Retirement System through November 30, 2028. (b) Interview applicant(s) for appointment to the Public Member Seat, consider the Board’s recommendation for appointment, and appoint one (1) applicant to the Public Member Seat on the Board of Administration for the Police & Fire Department Retirement Plan through April 30, 2027, pursuant to San Jose Municipal Code Section 2.08.1240.B. (c) Interview applicant(s) for appointment to the Public Member Seat and appoint one (1) applicant to the Public Member Seat on the Board of Administration for the Police & Fire Employees Retirement Plan through November 30, 2028.
BACKGROUND
Board of Administration for the Police and Fire Department Retirement Plan
The Board of Administration for the Police and Fire Department Retirement Plan (Police & Fire Board) consists of nine members: five members of the public appointed by the City Council, one Police Department employee, one Fire Department employee, one Police Department retiree, and one Fire Department retiree.
There is currently one (1) vacancy for a Public Member seat on the Police & Fire Board for the term ending April 30, 2027. Pursuant to San Jose Municipal Code Section 2.08.1240.B, this Public Member shall be appointed by the City Council after the candidates for such seat have been interviewed by the Police & Fire Board and a recommendation for appointment has been made by that board to the Council. The Police & Fire Board interviewed applicants Gretchen Flicker and
HONORABLE MAYOR AND CITY COUNCIL
Subject: Retirement Plan Board Interviews
John Cleveland on November 7, 2024, and recommended Gretchen Flicker by a unanimous vote of 8-0-0.
There is also one (1) upcoming vacancy for a Public Member seat on the Police & Fire Board for the term ending November 30, 2028. Incumbent Public Member David Kwan’s term expires on November 30, 2024. David Kwan is eligible for reappointment and has reapplied. The details regarding all applicants are provided below.
Board of Administration for the Federated City Employees’ Retirement System
The Board of Administration for the Federated City Employees’ Retirement System (Federated Board) consists of seven members: four members of the public appointed by the City Council; two City employees, each from a different City department, who are members of the Federated City Employees’ Retirement System, and one retiree of the Federated City Employees’ Retirement System.
There is currently one (1) upcoming vacancy for a Public Member seat on the Federated Board for the term ending November 30, 202 8. Incumbent Public Member Spencer Horowitz’ term expires on November 30, 2024. Spencer Horowitz is eligible for reappointment and has reapplied. The details for all applicants are provided below.
Public Member Requirements
San José Municipal Code Sections 2.08.1220 and 2.08.1020 requires each Public Member appointed to either Retirement Board to reside within a fifty-mile radius of San José City Hall, possess a high level of knowledge and expertise, and to possess at least twelve years of experience relevant to the administration of public retirement plan. The City Clerk’s office has verified the fifty-mile radius residency eligibility for ea ch applicant and the Office of Retirement Services has confirmed the applicants listed below have met the experience requirement.
Additionally, persons such as 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 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 are not eligible to serve as Public Members.
ANALYSIS
There are three applicants to the Public Member position on the Police & Fire Board:
• David Kwan, incumbent
• John Cleveland
• Gretchen Flicker, the Board has recommended this applicant for the term ending on April 30, 2027
HONORABLE MAYOR AND CITY COUNCIL
Subject: Retirement Plan Board Interviews
There are two applicants to
the Public Member position on the Federated Board:
• Spencer Horowitz, incumbent
• John Cleveland
Candidate applications are attached to this memorandum.
EVALUATION AND FOLLOW-UP
A core duty of the Office of the City Clerk is to minimize vacancies on the Boards and Commissions.
PUBLIC OUTREACH
The vacancies for the Public Member Seat were published on the Boards and Commissions vacancies by the Office of the City Clerk. This memorandum has been posted on the City Clerk’s website as part of the November 19, 2024 City Council Meeting Agenda.
COORDINATION
This memorandum has been coordinated with the Department of Retirement Services and 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, MMC
City Clerk
For questions, please contact the City Clerk’s Office at (408) 535-1260.