City Attorney’s Office
Memorandum
Date: May 10, 2024
To: City Council
From: Sujata Reuter, Chief Assistant City Attorney
Subject: Conflicts Review – Civil Service Commission Applicants
Background
The City Attorney’s Office has been asked to review applications to City Boards and Commissions to identify and discuss potential conflicts of interest. The applications generally do not provide complete information regarding potential 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 that 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 applicant is seeking appointment. This review is limited to the information provided on the applications and is not intended to be comprehensive investigation of potential conflicts involving the applicants.
Commission Duties
Pursuant to City Charter Sections 702, 1010, and 1011, as well as City Code Section 2.120.070, the Civil Service Commission is responsible for:
• Appointment of Salary Setting Commissioners;
• The establishment, acceptance and continued supervision of a well-rounded civil service program;
• The recruiting, examining and establishing of a list of eligibles for appointment to the City service in accordance with established merit principles; and
• The hearing of appeals by members of the classified service and acting upon the same.
Legal Conflicts that May Preclude Vote or Participation
A commissioner may be precluded from participating in certain matters of Commission business if the commissioner has a personal financial interest in that matter. While this list is not complete, these types of conflicts generally fall within one or more of the following situations:
• An application shows persons or entities that are “sources of income” to an Applicant within the 12 months preceding the start of the commission term, as defined under the Political Reform Act, which may create a conflict either with a member of the Council acting in the appointing capacity or potentially with the business of the Civil Service Commission; • An Applicant is an officer or employee of a person or entity that could be involved in a matter coming before the commission; or
• An Applicant engages in a profession serving the local market that is likely to realize financial benefits or detriments, distinguishable from the public generally, that would result from the work performed by the Commission.
Conflicts Review – Salary Setting Commission Applicants May 10, 2024
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, however the relationship could create an appearance of bias on the part of the commissioner. The City’s Code of Ethics and Values requires that Commissioners “make impartial decisions, free of . . . financial and other personal interests that impair [one’s] independence of judgment or action.” Accordingly, a situation may arise that 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 a person or entity.
Review of Applications
Set forth below are the applicants and any apparent legal conflicts of interest and/or appearance of bias related to entities that are likely to come before the commission in some manner, as identified on the applications.
• Steve Chan
o The Applicant is employed as a Security Manager with PG&E. This employment does not create any apparent conflict of interest with service on this Commission. o The Applicant previously served two terms on this Commission in the 1990’s. In accordance with the statement of policy contained in the Boards and Commissions Handbook, the prior service on the Commission does not prevent appointment now due to the passage of time since the last period of service. o The Application reflects volunteer work with the Parade of Champions, which does not create any conflict with the work of this Commission.
o The Applicant has previously worked as a Reserve Police Officer, but it has been a number of years since the Applicant worked in that position. There is no financial conflict of interest associated with the Applicant having a prior employment relationship. The passage of many years, together with prior work on the Commission dealing with disciplinary appeals for police department employees, likely mitigates ay concerns related to appearance of bias.
o The application discloses neither incompatible offices nor apparent conflicts of interest. • Daniel Huynh
o The Applicant is employed as a Literacy Lead with Reading Partners. This entity does not appear to have any locations in Santa Clara, nor any business relationship with the City. o The Applicant has previously volunteered with the Charter Review Committee and the Homelessness Task Force. The work of both of these bodies is now completed. There is, therefore, no incompatible office issue in this instance. o The Applicant has volunteered with various civic or charitable organizations, but such volunteer work does not implicate the subject matter jurisdiction of this Commission and therefore does not create any potential conflict of interest. o The application discloses neither incompatible offices nor apparent conflicts of interest. • Ashish Mangla
o The Applicant is employed as an Engineer at Intel. Intel’s headquarters is in Santa Clara.
A review of Form 700s reflects at least one council member having a disclosed financial interest in excess of $2,000 in Intel stock. However, given the nature of the work of the Commission, it is highly unlikely that any item dealing with Intel will ever come before the Commission. The Council’s appointment action does not involve Intel and the Applicant’s work on the Commission will not have any bearing on the corporation.
Conflicts Review – Salary Setting Commission Applicants May 10, 2024
o The Applicant has volunteered with Boy Scouts of America but such volunteer work does not implicate the subject matter jurisdiction of this Commission and therefore does not create any potential conflict of interest.
o The application discloses neither incompatible offices nor apparent conflicts of interest. • Tahir Naim
o The Applicant is currently serving a first term on the Civil Service Commission.
Unfortunately, he was unsure whether he would be able to serve a second term at the time of reappointments, therefore he has submitted an application for appointment. o The application discloses neither incompatible offices nor apparent conflicts of interest. • Samuel Pumarejo
o The Applicant is a law student at Santa Clara University School of Law, and his application does not list any current employment. While the City works with SCU on a number of issues, such issues are highly unlikely to have any bearing on the work of this Commission. The volunteer activities listed likewise do not reveal any apparent conflict of interest.
o The application discloses neither incompatible offices nor apparent conflicts of interest.
Conclusion
The City Council may wish to consider the above comments in making its appointments to the Civil Service Commission.
cc: Aracely Acevedo, Director of Human Resources
Nora Pimentel, Assistant City Clerk