Community groups express support for statement, but public-access watchdogs question the process
“We really appreciate that members of the San Jose City Council found a means of speaking out against the Israeli violence in Palestine and addressing the heartbreaking tragedies that are unfolding in Gaza right now.”
Zahra Billoo
San Jose Mayor Matt Mahan and all 10 city councilmembers have signed on to a statement that urges the U.S. government to support a cease-fire between Israel and Hamas a month after activists pushed them to weigh in on a conflict that has led to contentious debates across the Bay Area.
City leaders praised the value of crafting a response to the war that avoided what could have been a contentious and raucous council meeting, but the fact that the statement was drawn up without public input has also raised questions about transparency.
The 323-word statement urges protection of civilian lives and humanitarian aid to those in Gaza. It also declares support for the release of hostages and prisoners on both sides and condemns Islamophobia and antisemitism that the council says has proliferated at college campuses, K-12 schools and local religious organizations — though it didn’t name any entity specifically.
“We all have an obligation to unequivocally reject this hate,” the letter dated Jan. 16 states. “All of our communities’ safety and futures are inextricably linked — and this moment requires us to stand together and recommit to fighting hate in all of its forms.”
The statement differs from actions taken by elected officials in San Francisco and Oakland, which both passed resolutions after the Oct. 7 attacks by Hamas — which has been designated as a terrorist organization by the United States, Canada and the European Union — against Israel through a vote at their city council meetings. Both cities saw heated discussions and passionate testimony that lasted for hours and garnered international headlines. San Jose is prohibited from passing resolutions about foreign policy matters, according to a 1970s-era bylaw.
David Cohen, the city’s sole Jewish elected councilmember, organized the effort behind the statement. Cohen said he has been in discussions with activists across the political spectrum for the last six weeks.
“I thought about how we could do this in a way that wouldn’t lead to a divisive City Council meeting,” said Cohen in an interview. “We tried to make sure we were aware of everyone’s perspectives.”
In early December, over 100 residents and activists in San Jose spoke during the City Council’s public comment period, with a majority expressing their support for Gazans and the thousands of civilians who have been killed through Israeli military intervention.
In a statement, Mahan said he was glad the council was committing itself to peace “without distracting City Hall with divisive and unproductive foreign policy debates.”
“The best thing we can do locally to stand up for and advance our values is to work together to make San Jose a safe, affordable, opportunity-filled place that respects and supports our diverse community,” he wrote.
But the statement is also raising questions about whether it complies with the Brown Act, a 1950s-era law that aims to prevent public officials from engaging in back-door conversations and deal making. David Loy, legal director at the government transparency group First Amendment Coalition, said he thinks the letter should have been discussed in public.
“When in doubt, we err on the side of transparency and access,” said Loy. “So on that principle, this is a matter that should have been agendized (at the City Council).”
Cohen said the city attorney’s office approved the statement because its contents fall outside of official city business.
“Councilmembers do have the right to speak on items outside of their jurisdiction as a legislative body, and can do so in public statements; in this instance, they joined one statement,” wrote City Attorney Nora Frimann in an emailed statement.
On Wednesday, leaders from both the Jewish and Muslim Bay Area community expressed support for the statement from San Jose councilmembers.
“We really appreciate that members of the San Jose City Council found a means of speaking out against the Israeli violence in Palestine,” said Zahra Billoo, executive director of the Council on American-Islamic Relations’ San Francisco Bay Area office “And addressing the heartbreaking tragedies that are unfolding in Gaza right now.”
Tyler Gregory, CEO of the Bay Area Jewish Community Relations Council, said that while he didn’t agree with everything expressed in the letter, it was the most appropriate way for public officials to weigh in on a foreign policy matter.
“It’s only leading to negative consequences for the Jewish community,” said Gregory, referring to resolutions passed by other Bay Area local governments.
The Middle East conflict has led to numerous protests across the Bay Area and hours-long city council meetings where residents have debated how elected officials should take a stand on the issue. This month, San Francisco supervisors voted 8-3 in support of a cease-fire resolution, although Mayor London Breed has condemned the action. The Oakland City Council unanimously passed a resolution in November supporting a cease-fire.