|
TO: |
HONORABLE MAYOR AND CITY COUNCIL |
FROM: |
Richard Doyle City Attorney |
|
SUBJECT: |
DATE: |
November 8, 2001 |
RECOMMENDATION
That the City Council adopt an Urgency Ordinance re-appointing Alex Stuart, former Chair of the Ethics Board to a temporary term on the Board effective immediately, unless a replacement member is appointed prior to June 30, 2002.
BACKGROUND
The City of San Jose Ethics Board is charged with the responsibility to monitor compliance with the Campaign Ordinance and to review and investigate allegations of violations of the Ordinance. The Board consists of 5 members who are appointed to a maximum of 2 four-year terms. Three members of the Board constitute a quorum and the concurring vote of at least three members is required to take action.
The Ethics Board currently has three members with two existing vacancies. Former Ethics Board Chair Alex Stuart has served 2 four-year terms on the Board with the last term expiring in August of this year. It is recommended that the City Council appoint Mr. Stuart to a temporary term on the Board effective immediately, unless a replacement member is appointed prior to June 30, 2002.
ANALYSIS
The appointment of former Ethics Board Chair Alex Stuart to a temporary term by an urgency ordinance is recommended for several reasons. It is anticipated that the current vacancies on the Board will not be filled until January or February of 2002. New Board members will require additional time to learn and to become familiar with the Campaign Ordinance. More importantly, the Ethics Board, as a body which conducts investigations and hearings, should have more than the minimum number of three members to review and to take action with regard to complaints which may be filed under the Campaign Ordinance.
With the campaign contribution period and the nomination period for the March 2002 Election currently in effect, it is essential for the Ethics Board to have an experienced member such as Mr. Stuart available immediately to assist the Ethics Board with its review of complaints and potential violations of the Campaign Ordinance.
Additionally, in June of 2001, the City Council referred several issues back to the Ethics Board for its review and recommendation. These issues included contributions by lobbyists and a designated attorney seat on the Board. Mr. Stuart was instrumental as Chair in initially developing these recommendations with the Ethics Board. Reappointing Mr. Stuart to serve on the Ethics Board for a temporary term would also enable him to work with the Board on the referral.
Mr. Stuart has indicated that he is willing to serve if the temporary term is approved.
It is recommended that the City Council adopt an Urgency Ordinance re-appointing Alex Stuart, former Chair of the Ethics Board to a temporary term on the Ethics Board effective immediately, unless a replacement member is appointed prior to June 30, 2002.
|
|
|
|
|
Richard Doyle City Attorney |