SUBJECT:  Approval of Ethics Board Ordinances and Procedures

RECOMMENDATION

(a)     Approval of an Ordinance amending Section 2.08.1630 of Chapter 2.08 of the San Jose Municipal Code to designate an attorney as one of the five members of the Campaign Finance Review and Ethics Board (Ethics Board).

(b)     Adoption of a Resolution amending the regulations and procedures of the Ethics Board to provide for the attorney member of the Ethics Board to review or investigate a complaint if the Ethics Board Evaluator is unable to conduct an investigation and to provide, in such case, that the attorney member may not participate in the Board’s hearing and review of the complaint.

(c)     Approval of an Ordinance re-appointing Chair and attorney Alex Stuart to a temporary term on the Ethics Board until a replacement attorney member is appointed prior to December 31, 2002.

BACKGROUND

The City’s Ethics Board is charged with the responsibility to monitor compliance with the Campaign Ordinance and to review and investigate complaints of violations of the Ordinance.  The Board consists of 5 members who are appointed to a maximum of 2 four-year terms.  Three members constitute a quorum and concurring vote of at least three members is required to take action. 

The Board currently has four members with one existing vacancy.  Chair and attorney Alex Stuart has served 2 four-year terms with the Board and was re-appointed to a temporary term unless a replacement member was appointed prior to June 30, 2002.  A vacancy, not including Mr. Stuart’s appointment, still exists on the Board.

ANALYSIS

A.      Designated Attorney Seat – Ethics Board

The Ethics Board has recommended that the Board should have a designated attorney seat with the same eligibility requirements as the other members of the Board.  The Board has also recommended that if the Board’s Evaluator/Investigator is not available, the attorney member may conduct an investigation of a complaint but should not participate in the Board’s review and hearing on the complaint. 

An ordinance will be prepared amending the Municipal Code to designate an attorney as one of the five members of the Ethics Board.  Additionally, the Board’s Regulations and Procedures will need to be amended to provide for the attorney’s authority to investigate complaints in those cases where the Evaluator is not available.  The proposed amendment also incorporates the Ethics Board’s recommendation that the attorney should not participate in the Board’s review and hearing of a complaint when he or she conducts the investigation.

B.  Re-appointment of Chair and Attorney Alex Stuart – Temporary Term

On November 13, 2001, the City Council re-appointed attorney Alex Stuart to a temporary term unless a replacement member was appointed prior to the end of June 2002.  The immediate appointment of Mr. Stuart was necessary because of the pending Municipal Primary Election in March.  The City Clerk has continued to advertise to fill the vacant and temporary positions on the Board but has not received a sufficient number of qualified applicants. 

Since the November Run-off election cycle is currently in effect it is recommended that the City Council re-appoint Mr. Stuart to another temporary term unless a replacement member is appointed prior to the end of December 31, 2002.  Mr. Stuart has indicated that he would be willing to serve a temporary term to cover the November Election if necessary.   An uncodified ordinance will be prepared to re-appoint Alex Stuart to a temporary term on the Ethics Board.

Draft ordinances are attached for your review.

PUBLIC OUTREACH

Not applicable.

RICHARD DOYLE

City Attorney

By

Norm Sato

Chief Deputy City Attorney