Absence from meetings - Reappointment.
San José Municipal Code § 2.08.060
in effect2.08.060 - Absence from meetings - Reappointment.
A. A member of any board or commission, other than the planning commission, the salary setting commission and the civil service commission, shall be deemed to have automatically resigned from office if:
1. The board or commission has four or fewer regular meetings in any calendar year, and the member has unexcused absences from any two consecutive regular meetings of the board or commission; or
2. The board or commission has more than four regular meetings in any calendar year, and the member has unexcused absences from either:
a. Any three consecutive regular meetings of the board, or commission; or
b. More than twenty percent of the total number of regular meetings in any calendar year, or if the member was appointed to fill a vacancy, more than twenty percent of the total number of remaining regular meetings in that calendar year.
B. For purposes of this section, the following shall not be considered an unexcused absence:
1. An absence due to an illness of the member, or illness or death of a member's spouse, domestic partner, parent, child, sibling or dependent; or
2. An absence because a member is away on authorized board or commission business provided that reasonable advance notice is given to the Secretary; or
3. For any member who is a city councilmember or a city employee, an absence due to the member performing required city business provided that reasonable advance notice is given to the Chair or Secretary; or
4. An absence from a meeting of the board of administration for the federated city employees' retirement system or of the board of administration for the police and fire department retirement plan which the board of administration has found to be for good cause; or
5. An absence resulting from a meeting of the board or commission for which the board or commission has found to be for good cause.
C. Within a reasonable period, but not exceeding ten days after a member has been deemed to have resigned pursuant to this section, the secretary of the board or commission shall notify the city clerk of the vacancy and the city clerk shall thereupon notify the member that the member is deemed to have resigned pursuant to this section. The city clerk shall simultaneously notify the city council that the vacancy exists as a result of the automatic resignation.
D. Except as provided in Subsection A. above, the provisions of this section shall apply to all voting members of boards and commissions established or otherwise regulated under this Chapter 2.08.
E. As used in this section, "regular meetings" means regularly scheduled meetings of the board or commission and shall not include special meetings. For purposes of this section, adjourned regular meetings or continued regular meetings shall be considered special meetings.
F. For purposes of this section, a member shall be deemed absent from a meeting if the member fails to be in attendance at a regular meeting for at least one-half of the duration of the regular meeting.
G. A member whose seat has become vacant by virtue of the above provisions maybe reappointed to his or her former office for the balance of the member's unexpired term if the council finds there was good excuse for the member's absence from meetings or finds that the reappointment will be in the best interests of the city.
H. In the event of a reappointment, the previous unexcused absences of the reappointed member shall not be considered in determining any future resignation of the member under this section.
(Ords. 25209, 29250, 31341.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT2AD_CH2.08BOBUCO_PT1GEPR_2.08.060ABMEEAFetched: 11/1/2026