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ARTICLE III
FORM OF GOVERNMENT
SECTION 300. Form of Government.
The municipal government established by this Charter shall be known as the “Council- Manager” form of government.
ARTICLE IV
THE COUNCIL
SECTION 400. Powers Vested in Council.
All powers of the City and the determination of all matters of policy shall be vested in the Council, subject to the provisions of this Charter and the Constitution of the State of California.
SECTION 401. Composition of Council.
The composition of the Council shall be as follows:
(a) NUMBER OF MEMBERS. The Council shall consist of eleven (11) members, one of whom shall be the Mayor, each of whom shall have the right to vote on all matters coming before the Council.
(b) DISTRICTS. Except as otherwise pr ovided elsewhere in this Charter and excepting the Mayor who shall be elected at a Regular Municipal Election from the City at large, each member of the Council shall be elected at a Regular Municipal Election by one of ten (10) Districts designated by number within the City. The term
“by Districts” shall mean the election of eligible persons, as defined in Section 404, to the office of member of the Council by the voters of each District alone.
Amended at election November 7, 1978
Amended at election November 8, 1994
SECTION 402. Mayor and Council Member Term Limits.
The regular term of office of each member of the Council shall be four (4) years. The Mayor and Council members shall be subject to the following term limits:
(a) MAYOR. No person who has been elected to the office of Mayor for two (2) successive four-year terms shall be eligible to run for election to the office of Mayor, nor to serve as such, for any additional successive term; but the above shall not disqualify any person from running for election to the office of Mayor, nor from further service as Mayor, for any term or terms which are not successive; nor for any parts of terms which are not
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successive. Notwithstanding any other provision of the Charter, to transition the election of the office of Mayor to the same year as the presidential election beginning in 2024, the term for the office of Mayor beginning on January 1, 2023 shall be for two (2) years concluding on December 31, 2024. However, the person holding the office of Mayor as the incumbent for this two-year term will be eligible to run for election to the office of Mayor and serve as such for two (2) additional successive four-year terms.
(b) COUNCIL MEMBER. No person who has been elected to the City Council as a Council member in any Council District in the City for two (2) successive four-year terms, after the effective date of this Section, shall be eligible to run for election as a member of the Council in any Council District, nor appointed to serve as a Council member for any additional successive term. Any person appointed or elected to the City Council as a City Council member to fill an unexpired term of two years or less in length shall be eligible to serve two successive four-year terms upon the expiration of the unexpired term for which that person was appointed or elected. An y person appointed or elected to the City Council as a City Council member to fill an unexpired term of more than two years in length shall only be eligible to serve one successive four-year term.
The above shall not disqualify any pe rson from running for election to the Office of Mayor or for any term or terms which are not successive. The effective date of this Section shall be January 1, 1991.
Amended at election June 2, 1970
Amended at election November 7, 1978
Amended at election November 6, 1990
Amended at election November 8, 1994
Amended at election June 7, 2022
SECTION 403. Elections by Districts.
For the purpose of electing members of the C ouncil, excepting the Mayor, the City shall be divided into ten (10) numbered Districts as nearly equal in population as practicable. The boundaries of the ten Districts shall be established initially by reference to that certain map of the City of San José, entitled “Election Districts of the City of San José ”, filed and displayed in the office of the City Clerk, and drafted according to data contained in the official census of the City as taken in 1975 and certified by the City Clerk. Thereafter the boundaries of such Districts shall be subject to alteration and change under the provisions of this Section.
Following the taking of each federal decennial census, commencing with the 1980 federal decennial census, the Council shall, by ordinance, redistrict the City into ten (10) numbered Districts. If time permits, such ordinance shall be enacted no earlier than three (3) months and no later than eight (8) months following receipt by the City Clerk of data containing an enumeration of population by blocks derived fro m such census. In no event shall such ordinance be enacted later than October 31 in the year following the decennial census.
Notwithstanding the foregoing, the Council may enact an ordinance to adjust the deadline to
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enact the redistricting ordinance if the results of the federal decennial census are not delivered to the States by April 1 in the year following such census.
The redistricting ordinance shall be adopted according to the provisions of Article VI, Section 604 of this Charter and shall become effective at the expiration of thirty (30) days after adoption of the ordinance; provided, however, th at if the redistricting ordinance becomes effective on or after the first day on which nomin ation papers may be f iled for an election to the office of member of the Council, excepting the Mayor, then the ordinance shall not apply, or be deemed to apply, to that election or to the person elected to the office of member at such election.
By no later than February 1 in the year fo llowing the decennial census, the Council shall appoint an Advisory Commission whose purpose shall be to study a nd make appropriate recommendations with respect to such redistricting. This Advisory Commission shall consist of one (1) member from each District, who sh all be appointed by the Council member from that District, and a Chairperson chosen from the City at large, who shall be appointed by the Mayor. The membership of the Commission shall be representative of the ethnic make-up of the City at large, to the extent practicable.
The Advisory Commission shall conduct at least three public hearings, at various locations in the City, concerning its recommendations regard ing District boundaries, and shall submit its report and recommendations to th e Council within the time prescribed by the Council. If the Council fails to prescribe a time, the Advi sory Commission shall submit its report and recommendations to the Council within one hundred twenty (120) days following its appointment.
The Council shall duly consider the report and recommendations of the Advisory Commission and in adopting any redistricti ng ordinance. However, the C ouncil is required to adopt an ordinance within the period of time required under this Sec tion even if the Advisory Commission fails to provide recommendations or reports as specified in this Section.
Except as provided hereinabove, such Districts sh all be used for all elections of members of the Council, including their recall, and for filling any vacancy in the office of member of the Council, subsequent to the effe ctive date of such ordinance and until new Districts are established.
Any territory which is annexed to or consolidated with the City but not included within a District shall, prior to or concurrently with completion of the proceedings therefor, be added to an adjacent District or Districts by the Council by ordinance, which shall become effective at the expiration of thirty (30) days after adoption and shall a pply to all elections held on and after its effective date.
Any ordinance adopted by the Council and es tablishing, changing, or altering the boundaries of any District shall describe the new boundaries by reference to a map on file in the office of the City Clerk and/or by a metes-and-bounds description.
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In any redistricting, the Council shall make the Districts as nearly equal in population as may be practicable, and may, in esta blishing the boundaries of the Dist ricts, give consideration to (a) natural boundaries, street lines and/or C ity boundaries; (b) geography; (c) cohesiveness, contiguity, integrity and compactness of territory; and (d) community of interests within each District.
Upon any redistricting pursuant to the provisions of this Charter, each incumbent member of the Council will continue, during the remainder of the member’s term, to hold office and to represent the District by which the member was elected prior to such redistricting, notwithstanding any provision of Section 404 requiring a member to be a resident of the District represented by such member.
Amended at election June 2, 1970
Amended at election November 7, 1978
Amended at election November 6, 1990
Amended at election June 7, 1994
Amended at election November 3, 2020
SECTION 404. Eligibility.
A person shall not be eligible to take office as a member of the Council, including Mayor, unless the person satisfies all of the following conditions:
(a) The person must have been a citizen of the United States for at least one year immediately preceding the commencement of the term for which the person is elected or the date upon which the person is appointed.
(b) The person must have been a resident of the City of San José and, excepting the Mayor, of the District represented by the person as member, for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Cler k for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.
(c) If elected to office at a Regular Muni cipal Election, the person must have been a registered elector of the City of San José on the last day specified by law for the filing of nomination papers with the City Clerk for such office.
(d) If appointed to such office, the person must have been a re gistered elector of the City of San José at the time of the person’s appointment.
A person shall not be eligible to be a candida te at any election for any Council office, if the person would not be eligible under the above provisions of this Section to take office if elected.
Any determination as to whether a person has met the eligibility requirements shall be made at the time the nomination papers are filed and at the time of taking office.
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The incumbent must, at all times, during the term of office continue being:
(a) a citizen of the United States;
(b) a resident of the City of San José a nd, except as provided in Section 403, of the District which they represent; and
(c) a registered elector of the City.
Amended at election June 2, 1970
Amended at election November 7, 1978
Amended at election November 8, 1994
Amended at election November 8, 2022
SECTION 405. Judge of Qualifications.
The Council shall be the judge of the election and qualification of its members, including the Mayor, and of any other elective officer, and of the grounds for forfeiture or loss of their respective offices, and for that purpose shall have the power to subpoena witnesses, administer oaths and require the production of evidence. A member, or the Mayor, or the holder of any other elective office, charged with conduct cons tituting grounds for forfeiture or loss of their office shall be given, if they so demand, an opportunity to be heard in their own defense at a public hearing after reasonable notice to such members.
Amended at election June 7, 1994
Amended at election November 8, 2022
SECTION 406. Holding Other Office.
Except as authorized by this Charter, no member of the Council shall hold any other City office or City employment, other than Mayor, during th e term for which they were elected to the Council; provided and excepting, however, that a member of the Council may become a member of any advisory, admin istrative or governing body of any special purpose district, entity, organization or committee when such is authorized by State law or where the offices are not incompatible.
Amended at election June 7, 1994
Amended at election November 8, 2022
SECTION 407. The Council; Salary.
Each member of the Council, including the Mayor, sh all be paid a salary for their services as a member of the Council, which shall be es tablished in accordance with the provisions hereinafter set forth in this Section. No sala ry shall be established for any member of the Council, including the Mayor, except as provided in this Section.
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(a) Between March 1st and April 30th co mmencing in 2019, and every five (5) years thereafter, the Salary Setting Com mission shall set the amount of base salary which it deems appropriate for the members of the Council, including the Mayor, commencing July 1 of that year . The amount set for each member of the Council shall be the same, except th at the amount set for the Mayor may exceed that of the other members of the Council. The base salary shall be in an amount which takes into account the full time nature of the office and which is commensurate with salaries then being paid for other public or private positions having similar full time duties, responsibilities and obligations.
No determination of ba se salary amounts shall be made except upon the affirmative vote of three (3) members of the Commission. Failure of the Commission to make a determination of salary amounts in any year within the time prescribed shall be deemed to mean that no change to the base salary be made.
(b) The Salary Setting Commission’s determination of the Mayor and Council base salaries, together with the reasons therefor, shall be made in writing and submitted to the City Mana ger no later than May 1, so that funds can be budgeted and appropriated for that pur pose. Before it submits any such determination to the City Manager, the Commission sh all conduct at least one public hearing on the matter. When such a determination has been submitted to the City Manager, it shall not thereafter be amended by the Commission.
(c) Commencing July 1, 2020, and annually th ereafter in years in which there are no base salaries set by the Salary Setting Commission under Section 407(a), in order to provide a cost of living adjustment, the base salaries of the Council and Mayor shall increase by a pe rcentage equal to the perc entage increase of the preceding calendar year’s annual average of the Consumer Price Index-Urban (CPI-U), or successor index, for Sa n Francisco-Oakland-Hayward, as determined by the United States Depa rtment of Labor, Bureau of Labor Statistics. In no event shall the CPI-U salary increase exceed 5% per year.
(d) The Council may, at any time, by ordinance, reduce the salaries of the members of the Council, including the Mayor. In any salary reducing ordinance adopted hereunder, the salaries for each member of the Council shall be the same, except that the salary of the Mayor may exceed that of the other members of the Council.
(e) For each member of the Council, except the Mayor, a sum, as established by the Salary Setting Commission, shall be deducted from the salary of such member for each regular meeting of th e Council, other than regular adjourned meetings, which they fail to attend in each such calendar month; provided, however, that such deduction shall not be made for their failure to attend any meeting during which they are away on authorized City business, or from which they are absent because of their own illness or the illness or death of a close
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family member. No deduction shall be made from the Salary of the Mayor because of their failure to attend any Council meeting.
Amended at election June 7, 1966
Amended at election June 5, 1973
Amended at election November 4, 1980
Amended at election November 4, 1986
Amended at election November 6, 2018
Amended at election November 8, 2022
SECTION 408. Reimbursement.
The members of the Council and the Mayor shall receive reimbursement, if and to the extent such is authorized by the Council, for expenses incurred in the performance of their duties or functions of office.
SECTION 409. When Office Becomes Vacant.
The office of a member of the Council or of the Mayor becomes vacant on the happening of any of the following events before the expiration of such officer’s term:
(a) The death of the incumbent;
(b) Insanity of the incumbent, when determined by a final judgment or final order of a court of competent jurisdiction;
(c) Resignation of the incumbent;
(d) The incumbent ceases to satisfy any requirements for retention of their office which are set forth elsewhere in this Charter;
(e) Removal of the incumbent from office;
(f) Absence of the incumbent from the State of California for more than sixty (60) days, unless either upon business of the City or with the consent of the Council.
In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limited for absence from the State shall be extended by the Council;
(g) The incumbent ceases to discharge the duties of their office for a period of three (3) consecutive months except when prevented by sickness or when absent from the State with permission required by this Charter;
(h) The incumbent being convicted of a felony or of any offense involving a violation of their official duties;
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(i) The refusal or neglect of the incumbent to file their official oath or bond, if such is required by law, within the time prescribed by law;
(j) The decision of a competent tribunal d eclaring void the incumbent’s election or appointment;
(k) The making of an order vacating the incumbent’s office or declaring their office vacant when the incumbent fails to furnish an additional or supplemental bond if such is required of the incumbent by law;
(l) The commitment of the incumbent to a hospital or sanitarium, by a court of competent jurisdiction, as a drug addict, dipsomaniac, inebriate, or stimulant addict; but in such event the office shall not be deemed vacant until the order of commitment has become final;
(m) The incumbent’s absence from five (5) consecutive regular meetings of the Council, unless excused by written resolution of the Council. No such excuse shall operate retroactively. No resolution shall excuse an incumbent’s absence from more than five (5) consecutive regular meetings immediately following the date of adoption of such resoluti on although additional resolutions may be adopted excusing an incumbent’s abse nce from not more than five (5) additional regular meetings immediately following the date of each such resolution. For purposes of this subsection, regular meetings from which an incumbent has been absent shall not be deemed consecutive if separated by one or more regular meetings at which such incumbent has been present or their absence from which has been excused by the Council. Also, for purposes of this subsection, “regular meetings” sha ll not be deemed to mean or include “regular adjourned meetings”, “special meetings”, or any committee meetings.
Amended at election June 2, 1970
Amended at election June 7, 1994
Amended at election November 8, 2022
SECTION 410. Filling of Vacancies.
If, for any reason, a vacancy, as defined by Charter Section 409, occurs in the office of Mayor or Council member, the Council shall either fill the vacancy by appointment by a majority of its remaining members, or call an election for the purpose of filling such vacancy.
(a) APPOINTMENT. If the vacancy is filled by appointment , the appointment shall be effective until the end of the unexpired term of office or January 1st following the next Regular Municipal Election after the appointment, which ever first occurs.
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(b) ELECTION. If the vacancy is to be f illed by election, the election will be for the entire unexpired term of the office. The election will either be conducted at a Regular Municipal Election, a General Election or at a Special Municipal Election, as determined by the Council. The election will be conducted in accordance with Section 1600.
(c) INTERIM APPOINTMENT. If a vacant office is to be filled by election, the Council may make an interim appointment to fill the office until a candidate has been duly elected and the results of the election have been officially certified. A person who is appointed dur ing the interim period shall meet the eligibility requirements to hold office under Section 404 of this Charter.
(d) ADVANCE REPLACEMENT. When a vacancy is, for any reason, anticipated in advance of its actual occurrence, the Council may initiate the appointment or election process in anticipation of the vacancy. The member who will be vacating the position may participate in the process.
(e) NO REMAINING MEMBERS. If the of fices of all of the Council members and also of the Mayor should become vacant and no member of the Council remains to fill any vacancies, the City Clerk shall call and conduct a Special Municipal Election, as soon as reasonably pos sible, to fill such offices for the remainder of the unexpired terms.
(f) ELECTION DATES. All dates for elections to fill vacancies shall be set by resolution.
(g) ELECTION IN 1994. The election held on November 8, 1994 to fill a vacancy effective January 1, 1995 in Council District 7 shall be deemed to be an election pursuant to this Section. The person so elected shall serve for the full term of that office.
Amended at election June 6, 1967
Amended at election June 6, 1972
Amended at election November 7, 1978
Amended at election November 8, 1994
SECTION 411. The Council; Interference With Administrative Matters.
Neither the Council nor any of its members nor the Mayor shall interfere with the execution by the City Manager of their powers and duties, nor in any manner dictate the appointment or removal of any City officers or employees whom the City Manager is empowered to appoint except as expressly provided in Section 411.1. However, the Council ma y express its views and fully and freely discuss with the City Manager anything pertaining to the appointment and removal of such officers and employees.
Except for the purpose of inquiries and inves tigations under Section 416, the Council, its members and the Mayor shall deal with City officers and employees who are subject to the
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direction and supervision of the City Manager, City Attorney, City Auditor, Independent Police Auditor or City Clerk, solely through the City Manager, City Attorney, City Auditor, Independent Police Auditor or City Clerk, respectively, and neither the Council nor its members nor the Mayor shall give orders to any subordinate officer or employee, either publicly or privately.
Amended at election November 4, 1986
Amended at election November 3, 1992
Amended at election November 5, 1996
Amended at election November 8, 2022
SECTION 411.1 Department Heads; Policy Objectives; Consent to Hire.
(a) The Council shall adopt a written Statemen t of Policy for each City Department which is under the administration of the City Manager. Said Statement of Policy shall set forth th e broad goals, objectives and aspirations to be accomplished by that Department.
(b) When the position of head of each De partment becomes vacant, the Council shall review and, if nece ssary, amend the previously approved Statement of Policy. The Council also shall adopt a se t of questions which are intended to elicit responses from each prospectiv e appointee concerning the goals, objectives and aspirations in the Statement of Policy.
For purposes of this section, the term “departme nt” shall mean any depa rtment specified in Charter Section 807 as well as any department created by ordinance pursuant to Charter Section 800.
Prior to appointing any Department head, the City Manager shall submit to the Council, for its review, the responses to the Council’s ques tions submitted by the proposed appointee, and shall seek the Council’s advice and consent. The appointment shall be made only if the Council, by the affirmative vote of a majority of its members, advises the City Manager that it concurs with the proposed appointment. This section shall not apply to the appointment of any “acting” department head to serve in an interim capacity.
Added at election November 4, 1986
SECTION 412. Meetings of the Council.
The Council shall provide, by ordinance or resolu tion, not inconsistent with other provisions of this Section, for the time, place, and manner of holding its meetings. Copies of such ordinances or resolutions shall be kept on file in the office of the City Clerk where they shall be available for public inspection. To the extent that they are not inconsistent with other sections of this Charter, the provisions of Chapter 9 of Part I of Division 2 of Title 5 of the Government Code, as they now exist or may hereafter be amended, insofar as they relate to the right of the public to attend meetings of the C ouncil, the adjournment of regular or adjourned regular meetings, the calling of special meeti ngs and the holding of executive sessions, shall
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govern meetings of the Council. No business shall be considered at any special meeting other than such as is specified in the notice of such meeting.
SECTION 413. Citizen Participation.
Within the established rules for the conduct of its official proceedings, no person shall be denied the right personally, or through authorized representatives, to present grievances or offer suggestions for the betterment of municipal affairs at any regular meeting of the Council.
SECTION 414. Quorum.
Except as otherwise specifically provided elsewhere in this Charter, a majority of the entire membership of the Council sha ll be necessary to constitute a quorum to do business, but a lesser number may adjourn from time to time.
SECTION 415. Rules and Procedure.
The Council shall establish rules for the conduct of its proceedings, and to preserve order at its meetings. It shall cause a record of its meetings to be maintained and this record shall be open to public inspection.
SECTION 416. Investigations.
The Council may make investigations into the af fairs of the City and the conduct of any City department, office, or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Disobedience of any subpoena or the refusal to testify upon other than constitutional grounds sha ll be punishable by contempt proceedings.
ARTICLE V
THE MAYOR
SECTION 500. Mayor.
There shall be a Mayor of the City of San José, elected at large, who shall be the eleventh member of the Council. Except as otherwise provided elsewhere in the Charter, the Mayor shall be elected by a majority of the votes cast citywide at a Regular Municipal Election, for a term of four (4) years from and after the first day of January following the year of the election. Notwithstanding any other provision of the Charter, to transition the election of the office of Mayor to the same year as the presidential election beginning in 2024, the term for the office of Mayor beginning on January 1, 2023 shall be for two (2) years concluding on December 31. 2024. However, the person holding the office of Mayor as the incumbent for
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