REPORT TO COUNCIL
SUBJECT
Title
Appeal of Commission Separation and Consideration of Reinstatement to the Housing and Human Services Commission
Report
BACKGROUND
This report is to inform the Council of the following separation from a City commission and to request direction regarding an appeal of the separation.
James “Jim” Davis, who was appointed to a term on the Housing and Human Services Commission on July 1, 2022, and scheduled to serve a term to expire June 30, 2026, has exceeded the percentage of unexcused absences from regular Housing and Human Services Commission meetings over the last twelve months. Davis’ reported attendance included two unexcused absences out of the seven regular Housing and Human Services Commission meetings (29%) held June 2024 through July 2025.
Council Policy 7.2.19 Boards and Commissions, Section 2, Subdivision G states that when a Board or Commission Member’s unexcused absence percentage over a 12-month period exceeds 25%, the City Clerk shall declare the seat vacant. The City Clerk declared this seat vacant on August 25, 2025. This declaration of vacancy may be appealed to the City Council.
On August 26, 2025, Jim Davis left a voicemail with an appeal to the City Council of this declaration of vacancy and subsequently followed up with a written explanation to the City Clerk.
EXISTING POLICY
Council Policy 7.2.19 Boards and Commissions
Administrative Policy, Chapter 1, General Management, Article 15 Boards and Commissions
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
Council Policy 7.2.19 Boards and Commissions allows the City Council to consider an appeal for a Board or Commission Member’s seat being declared vacant due to the Member’s unexcused absence percentage over a 12-month period exceeding 25%. Jim Davis’ written explanation of this appeal is included as Attachment 1 for City Council’s consideration.
Should Council choose Alternative 1 to accept the appeal and reinstate Davis to the Housing and Human Services Commission, they will resume serving the term on the Commission ending June 30, 2026.
With Alternative 2, Council would reject the appeal, and the resulting Housing and Human Services Commission vacancy would be promoted with the current recruitment process for November 2025 appointments. The application deadline for this recruitment will be October 16, 2025, at 4:00 p.m., with interviews on November 3, 2025, and appointments on November 18, 2025.
Alternative 3 allows Council to provide other direction to staff.
FISCAL IMPACT
None.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Accept the appeal and reinstate Jim Davis to the Housing and Human Services Commission to the term ending June 30, 2029.
2. Reject the appeal.
3. Provide other direction to staff on how to proceed.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Explanation of Absences