Recommendations for filling employee and retiree vacancies.

San José Municipal Code § 2.08.1245

in effect

2.08.1245 - Recommendations for filling employee and retiree vacancies. A. Whenever a scheduled vacancy exists in a seat on the Board held by an employee in the Police Department, the employees of the Police Department who are members of the Plan shall recommend, at an election to be conducted among them by the City Clerk, one (1) of such employees as a successor for such seat, provided there is more than one (1) eligible employee applying for the vacancy. If there is only one (1) eligible employee applying for the scheduled vacancy, an election shall not occur, and that candidate will be recommended to the City Council for consideration. Upon any unscheduled vacancy or vacancies in such office during the unexpired regular term, the City Council shall, in accordance with procedures prepared by the City Clerk, appoint to such vacant seat for the remainder of the unexpired term, an employee of the Police Department who is also a member of the Plan. B. Whenever a scheduled vacancy exists in a seat on the Board held by an employee in the Fire Department, the employees of the Fire Department who are members of the Plan shall recommend, at an election to be conducted among them by the City Clerk, one (1) of such employees as a successor for such seat, provided there is more than one (1) eligible employee applying for the vacancy. If there is only one (1) eligible employee applying for the scheduled vacancy, an election shall not occur and that candidate will be recommended to the City Council for consideration. Upon any unscheduled vacancy or vacancies in such office during the unexpired regular term, the City Council shall, in accordance with procedures prepared by the City Clerk, appoint to such vacant seat for the remainder of the unexpired term, an employee of the Fire Department who is also a member of the Plan. C. Whenever a scheduled vacancy exists in a seat on the Board held by a retired Police member of the Plan because of the expiration of a retired Police member's term of office, the following procedures shall apply: 1. The retired members of the Plan shall recommend, at an election to be conducted among them by the City Clerk, one (1) of such retired members as a successor for such seat, provided there is more than one (1) eligible retired Police member applying for the vacancy. If there is only one (1) eligible retired Police member applying for the scheduled vacancy, an election shall not occur and that candidate will be forwarded to the panel in Section 2.08.1245 C.2. for interview. 2. A panel consisting of a representative from the San José Police Officers' Association, a representative from International Association of Fire Fighters Local 230, and a representative from the City Manager's Office shall interview the three (3) (or less if there are fewer than three (3) candidates) retired members receiving the highest number of votes. The purpose of the interview shall be to ensure that the candidates are viable in that they will be able to attend meetings of the Board and fulfill the time commitment of member of the Board. 3. The panel shall recommend to the City Council one (1) of the interviewed retired Police members for appointment to the Board. The panel's recommendation shall be determined by a majority of the members of the panel; provided that a dissenting member of the panel may submit a minority report. If there is no majority for the recommendation of a retired member, each member of the panel may submit a written report to the City Council. D. The initial vacancy in the seat on the Board for retired Fire member of the Plan, and any subsequent vacancy in a seat on the Board held by a retired Fire member of the Plan because of the expiration of a retired Fire member's term of office, shall be filled as follows: 1. The retired members of the Plan shall recommend, at an election to be conducted among them by the City Clerk, one (1) of such retired members as a successor for such seat, provided there is more than one (1) eligible retired Fire member applying for the vacancy. If there is only one (1) eligible Fire member applying for the scheduled vacancy, an election shall not occur and that candidate will be forwarded to the panel in Section 2.08.1245 D.2. for interview. 2. A panel consisting of a representative from the San José Police Officers' Association, a representative from International Association of Fire Fighters Local 230, and a representative from the City Manager's Office shall interview the three (3) (or less if there are fewer than three (3) candidates) retired members receiving the highest number of votes. The purpose of the interview shall be to ensure that the candidates are viable in that they will be able to attend meetings of the Board and fulfill the time commitment of member of the Board. 3. The panel shall recommend to the City Council one (1) of the interviewed retired Fire members for appointment to the Board. The panel's recommendation shall be determined by a majority of the members of the panel; provided that a dissenting member of the panel may submit a minority report. If there is no majority for the recommendation of a retired member, each member of the panel may submit a written report to the City Council. E. Whenever an unscheduled vacancy occurs in the seats on the Board held by retired members of the Plan prior to the expiration of a retired member's term of office, the following procedures shall apply: 1. The Association of Retired San José Police Officers and Firefighters shall recommend up to three (3) candidates for appointment for the remainder of the unexpired term. 2. The Board shall interview the recommended candidates and recommend one (1) or more of them for appointment by the City Council for the remainder of the unexpired term. F. The appointment of employee and retiree members shall be routine business on the Council agenda. 1. Council shall only reject the employee recommended by a majority of those voting in an election among employees upon a finding of cause for rejection. 2. Council shall only reject the retiree recommended by an interview panel upon a finding of cause for rejection. 3. Cause for rejection may include, but is not limited to, Council finding that the recommended candidate will not be able to attend meetings of the Board and fulfill the time commitment of a member of the Board, or to act in accordance with fiduciary duties or carry out the requirements of governing legislation, including the requirements of Chapter 3.36 of Title 3 of this Code. (Ords. 25209, 26033, 28787, 30723.)

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_PT12BOADPOFIDEREPL_2.08.1245REFIEMREVAFetched: 11/1/2026