HONORABLE MAYOR AND CITY COUNCIL
September 24, 2026
Subject: Civil Service Commission Applicants – Conflict of Interest
T-4479.064/2347850
TO: HONORABLE MAYOR AND
CITY COUNCIL
FROM: Susana Alcala Wood
City Attorney
SUBJECT: Conflicts Review –
Civil Service Commission
Applicants
DATE: September 24, 2026
BACKGROUND
This Office routinely reviews applications to City Boards and Commissions. The applications generally do not provide complete information regarding actual conflicts; however, they do occasionally disclose potential conflicts of interest or incompatible offices. The purpose of this memorandum is to highlight areas of potential conflict which are disclosed by the applications. In order to analyze potential conflicts, it is necessary to consider the duties of the particular commission for which the applicants are seeking appointment. This review is limited to the information provided on the applications and is not intended to be a comprehensive investigation of potential conflicts involving the applicants.
COMMISSION DUTIES
The Civil Service Commission reviews and recommends changes to the civil service rules, advises on the administration of personnel in the classified service, appoints members of the City Council Salary Setting Commission, and acts as an appellate body for certain City personnel decisions. Its adjudicatory work requires fair and impartial consideration of the matters before it. Under City Charter section 1001, commissioners must be qualified electors of the City throughout their terms; one of the five members must be an attorney who has practiced law in California for at least five years. Council Policy 0-4 prohibits current and former City of San José employees from serving on the Commission and generally limits commissioners to service on one City commission at a time.
LEGAL CONFLICTS THAT MAY PRECLUDE VOTE OR PARTICIPATION Certain positions may preclude a commissioner from participating in a commission discussion or from voting if a matter involving a commissioner and an entity comes before the Commission in the situations mentioned below. While this list is not complete, these types of conflicts generally fall within one or more of the following situations:
HONORABLE MAYOR AND CITY COUNCIL
September 24, 2026
Subject: Civil Service Commission Applicants – Conflict of Interest
T-4479.064/2347850
• An application shows entities that are “sources of income” 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 commissioner 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.
APPEARANCE OF BIAS
There may be facts which would not amount to a legal conflict of interest requiring a commissioner to recuse him or herself from a commission vote or discussion, but the relationship could create an appearance of bias on the part of the commissioner. City Council policy requires commissions to be free of bias in their decision making and may require a commissioner to recuse him or herself if the facts could reasonably lead one to conclude that the applicant would be biased for or against an entity or entities.
REVIEW OF APPLICANTS
The five applications identify one incumbent and four other applicants. The observations below are based on disclosed information, not findings of bias.
Incumbents:
Thomas Cochran – The applicant is a financial advisor with BMO and reports serving on the Civil Service Commission since 2022. He previously served on the City Council Salary Setting Commission. He also reports leadership roles with the Santa Clara County Democratic Party and involvement in campaigns. Those activities do not establish a general conflict, but a specific connection to a party, witness, or issue in a proceeding could require disclosure and review of impartiality. The application identifies no other City commission for which he is applying and discloses no apparent pervasive conflict.
Other Applicants:
Lisa Pate– The applicant is retired after service with the Santa Clara County Social Services Agency, most recently as Chief Deputy Public Administrator/Guardian, and receives a CalPERS pension. Her spouse is an electrical engineer employed by the City
HONORABLE MAYOR AND CITY COUNCIL
September 24, 2026
Subject: Civil Service Commission Applicants – Conflict of Interest
T-4479.064/2347850
of Santa Clara. Neither County service nor her spouse’s employment with another city appears to trigger the policy bar on former San José employees. Her narrative discusses the Civil Service, Senior Citizens, and Housing and Community Development Commissions, although the application’s selection field shows only the Civil Service Commission as submitted. The City Clerk should confirm whether she has separate applications or appointments pending for the other two commissions; Council Policy 0-4 does not permit simultaneous commission service. No case-specific conflict is apparent from the application.
Nick Finan – The applicant works as a mail clerk for the City of Sunnyvale and identifies himself as an SEIU Local 521 steward. Employment by another city does not itself bar service under Council Policy 0-4, but the union role should be considered if a matter involves a person with whom he has had a relevant union or professional relationship. More immediately, he answered that he is not registered to vote in San José and supplied a Cupertino address as his voter registration address, despite listing a San José residence of less than one year. Because Charter section 1001 requires qualified San José electors, the City Clerk should verify his current registration and eligibility before any appointment. The application identifies no other City commission selected.
Allan Jones– The applicant reports retirement in 2016 after a career managing private companies, most recently Cability, Inc. His application identifies no City of San José employment or other City commission selected. No apparent conflict or eligibility issue is disclosed, subject to the ordinary case-specific review if a person or entity with which he has a connection appears before the Commission.
Lynden Price – The application lists a San José residential address and identifies the applicant as an associate director at Abode Services and a realtor. The attached résumé, however, gives Brentwood as the contact location and lists current employment with Lee Care Homes, Inc., in Brentwood. The City Clerk should confirm the applicant’s current residence and San José voter registration, as well as current employment for conflicts disclosure. The application’s selection field shows only the Civil Service Commission as submitted, although the applicant answered supplemental questions concerning other commissions, including the Housing and Community Development Commission. The City Clerk should confirm whether any other applications or appointments are pending. No pervasive conflict is established by the materials reviewed.
HONORABLE MAYOR AND CITY COUNCIL
September 24, 2026
Subject: Civil Service Commission Applicants – Conflict of Interest
T-4479.064/2347850
CONCLUSION
The applications do not disclose a pervasive conflict that would prevent Cochran, Pate, Jones, or Price from serving, subject to case-specific disclosure and disqualification as appropriate. Before appointment, the City Clerk should confirm Finan’s San José voter registration and Price’s residence and voter registration, and determine whether Pate or Price has other City commission applications or appointments pending. None of these applicants indicates that they are a California attorney; if the vacancy is the attorneydesignated seat, eligibility for that seat must be addressed separately. Council may consider these observations in making its appointment.
SUSANA ALCALA WOOD
City Attorney
By: /s/ Gabriel A. Rodriguez
GABRIEL A. RODRIGUEZ
Senior Deputy City Attorney
cc: Jennifer Maguire, City Manager
Toni J. Taber, CMC, City Clerk