BOARD OF ADMINISTRATION  
Action Minutes  
FCERS and Police&Fire Retirement Plan Audit Committee  
Thursday, May 21, 2026  
12:00 PM  
City Hall, Wing Rooms 118-120  
200 E. Santa Clara St., San Jose, CA 95113  
HYBRID MEETING  
PHYSICAL LOCATION:  
City Hall, Wing Rooms 118-120, 200 E. Santa Clara St. San Jose, Ca 95113  
ZOOM INFORMATION:  
zoom.us  
Dial In: +1 408 638 0968 US (San Jose)  
Meeting ID: 951 7869 8184  
FCERS Committee Members:  
Mark Linder, Chair (Term Expires 11/30/28)  
Brian Chi, Vice Chair (Term Expires 11/30/29)  
Spencer Horowitz, Trustee (Term Expires 11/30/28)  
Police and Fire Committee Members:  
David Woolsey, Chair (Term Expires 11/30/28)  
Sunita Ganapati, Vice Chair (Term Expires 11/30/26)  
Eswar Menon, Trustee (Term Expires 11/30/26) -- 1162 Briarwood Way, Walnut Creek, CA 94597  
The Federated Audit Committee and Police and Fire Audit Committee met in  
person on Thursday, May 21, 2026 at City Hall, Wing Rooms 118-120, 200 E.  
Santa Clara St., San Jose, CA 95113 and via Zoom at 12:00 p.m. The Police and  
Fire Audit Committee meeting was called to order at 12:01 p.m. by Chair Woolsey  
followed by roll call. The Federated Audit Committee meeting was called to order  
at 12:02 p.m. by Chair Linder followed by roll call.  
Police and Fire Committee Members Present: David Woolsey and Sunita  
Ganapati.  
Committee Members Present via Zoom utilizing the Traditional Brown Act  
teleconferencing rules: Eswar Menon. CEO Flynn questioned Trustee Menon on  
whether he met the qualifications to teleconference under the Brown Act, and  
Trustee Menon responded in the affirmative. All votes must be roll call votes.  
Federated City Employees Retirement System (FCERS) Committee Members  
Present: Mark Linder, Spencer Horowitz, and Brian Chi.  
Retirement Staff Present: John Flynn, Jay Kwon, Benjie Chua-Foy, Amanda  
Hiew, Ryan Reynado, Edith Orosco, Gabriela Romero-Castrejon, Sherrell Aledo,  
and Cynthia Ayala.  
Also Present: Craig Harner and Yia Yang, Macias Gini & O’Connell LLP (MGO).  
Retirement Staff Present via Zoom: Sandra Castellano, Shilpi Dwivedi, and Ron  
Kumar.  
Also Present via Zoom: Kate Murdock and Chris Kalafatis, Baker Tilly.  
The Board of Administration (“Board”) will generally, upon request, provide appropriate aids  
and services leading to effective communication for individuals with disabilities so they can  
participate equally in the Board’s meetings, including qualified sign language interpreters,  
documents in Braille, and other ways of making information and communications accessible to  
people who have speech, hearing, vision or other disabilities.  
Anyone who requires an auxiliary aid or service for effective communication to participate in a  
Board meeting should contact the designated contact in Office of Retirement Services as far in  
advance of the scheduled meeting as possible. The Board strongly encourages individuals with  
disabilities to endeavor to submit requests for reasonable accommodation no later than five (5)  
business days before the scheduled meeting, as the Board may not be able to grant requests for  
reasonable accommodations without sufficient advance notice. The Board strongly encourages  
individuals with disabilities to submit their written requests via email or regular mail to facilitate  
tracking and response; however, if the submission of a written request constitutes a hardship,  
individuals may call the Office of Retirement Services to submit an oral request. The designated  
contact in the Office of Retirement Services will endeavor to respond to each request within  
three (3) business days of receipt of the request. Depending on the request, the designated  
contact in the Office of Retirement Services may ask to schedule a time to discuss the request  
(which may occur virtually) to determine the most appropriate auxiliary aid or service, before  
the request is resolved.  
ADA Designated Contact Information  
Attention: Deputy Director/Chief Operations Officer, Office of Retirement Services  
Address: 1737 N First St #600, San Jose, CA 95112  
Email: #Retire_Admin@sanjoseca.gov  
Phone: 408-794-1000 (ORS Main Line)  
THE LEVINE ACT  
The Levine Act requires a Party in a Proceeding before the City of San José that involves any  
action related to their contract, license, permit, or use entitlement to disclose any campaign  
contributions to City elected or appointed officials totaling more than $500 within the 12 months  
prior to the City decision. A Participant to a Proceeding may voluntarily report a campaign  
contribution on the form located on the Levine Act webpage.  
Call To Order and Roll Call  
•
SB 707 REMOTE APPEARANCE(S)  
Take action on request(s) for remote appearance.  
i.  
Orders of the Day  
•
Orders of the Day was heard immediately after roll call attendance.  
Chair Woolsey read the following into the record:  
Orders of the Day  
• None.  
Waive Sunshine (amended/attachments POSTED late):  
• Late attachments for items 4d(2) and 4d(3).  
A motion was made to waive sunshine on the attachments reference above.  
Police and Fire Committee Approved. (M.S.C. Ganapati/Woolsey 3-0-0). The  
motion passed unanimously by roll call vote.  
FCERS Committee Approved. (M.S.C. Horowitz/Chi 3-0-0).  
POLICE AND FIRE AUDIT COMMITTEE  
CONSENT CALENDAR  
1.  
This item was presented.  
A motion was made to approve the Consent Calendar.  
Approved. (M.S.C. Ganapati/Woolsey 3-0-0). The motion passed unanimously  
by roll call vote.  
a.  
2.  
Approval of the Q1 2026 travel and attendance report for the Police and Fire  
Department Retirement Plan.  
FEDERATED AUDIT COMMITTEE  
CONSENT CALENDAR  
Item 2a was heard together with Item 2b.  
These items were presented.  
A motion was made to approve the Consent Calendar.  
Approved. (M.S.C. Horowitz/Chi 3-0-0).  
a.  
b.  
Approval of the Q3 2025 amended travel and attendance report for the Federated  
City Employee’s Retirement System.  
Approval of the Q1 2026 travel and attendance report for the Federated City  
Employee’s Retirement System.  
JOINT AUDIT COMMITTEE  
CONSENT CALENDAR  
3.  
A motion was made to approve the Consent Calendar.  
Police and Fire Committee Approved. (M.S.C. Menon/Woolsey 3-0-0). The  
motion passed unanimously by roll call vote.  
FCERS Committee Approved. (M.S.C. Horowitz/Chi 3-0-0).  
a.  
4.  
Approval of the Minutes of February 19, 2026 Joint Audit Committee meeting for  
the Policy and Fire Department Retirement Plan and the Federated City  
Employee’s Retirement System.  
NEW BUSINESS  
a.  
Discussion and action on FY 2025-2026 Office of Retirement Services External  
Audit Plan by Macias Gini & O’Connell (MGO) LLP.  
This item was presented.  
A motion was made to approve the FY 2025-2026 Office of Retirement Services  
External Audit Plan by Macias Gini & O’Connell (MGO) LLP.  
Police and Fire Committee Approved. (M.S.C. Ganapati/Woolsey 3-0-0). The  
motion passed unanimously by roll call vote.  
FCERS Committee Approved. (M.S.C. Horowitz/Chi 3-0-0).  
b.  
Discussion and action to approve the First Amendment to the agreement with Baker  
Tilly for internal audit consulting services.  
This item was presented.  
A motion was made to approve the First Amendment to the agreement with  
Baker Tilly for internal audit consulting services.  
Police and Fire Committee Approved. (M.S.C. Ganapati/Menon 3-0-0). The  
motion passed unanimously by roll call vote.  
FCERS Committee Approved. (M.S.C. Chi/Horowitz 3-0-0).  
c.  
Discussion and action on the Risk Assessment Results and Proposed 5-Year  
Internal Audit Plan from Baker Tilly.  
This item was presented.  
A motion was made to accept the risk assessment and the proposed five-year  
plan, and to recommend bringing the plan to the full Boards annually.  
Police and Fire Committee Approved. (M.S.C. Menon/Woolsey 3-0-0). The  
motion passed unanimously by roll call vote.  
FCERS Committee Approved. (M.S.C. Horowitz/Chi 3-0-0).  
d.  
Discussion and action on the status of outstanding Internal Audit recommendations.  
This item was presented.  
A motion was made to approve the status of outstanding Internal Audit  
recommendations.  
Police and Fire Committee Approved. (M.S.C. Ganapati/Menon 3-0-0). The  
motion passed unanimously by roll call vote.  
FCERS Committee Approved. (M.S.C. Chi/Horowitz 3-0-0).  
e.  
Discussion on status of outstanding Penetration testing recommendations.  
This item was presented; no action was taken.  
PROPOSED AGENDA ITEMS  
•
•
None.  
PUBLIC/RETIREE/GENERAL COMMENTS – Subject to Government Code  
Section 54954.3  
None.  
○ Members of the public may comment on items not included on the  
agenda, provided that the matter is within the subject matter jurisdiction of the  
Board.  
ADJOURNMENT  
•
The Police & Fire Committee adjourned at 1:00 p.m.  
The FCERS Committee adjourned at 1:01 p.m.  
*Estimated  
All public records relating to an open session item on this agenda, which are not exempt from  
disclosure pursuant to the California Public Records Act, that are distributed to a majority of the  
legislative body will be available for public inspection at the Office of Retirement Services, 1737  
N. First Street, Suite 600, San José CA 95112 at the same time that the public records are  
distributed or made available to the legislative.  
body.  
Access the video or audio, the agenda, related reports, and supplemental materials for this  
meeting by visiting the Retirement Services website at http://sjrs.legistar.com/calendar.aspx. If  
you have any questions, please contact the Office of Retirement Services at (408) 794 - 1000.  
Supplemental agenda materials may be made available less than 72 hours before a regular  
meeting, provided that they are: (1) distributed to a majority of the legislative body and made  
available for public inspection at the Office of Retirement Services, 1737 N. First Street, Suite  
600, San José CA 95112, at the same time; and (2) posted on the Office of Retirement Services’  
website at http://sjrs.legistar.com/calendar.aspx in a manner that explains the document is  
related to an agenda item for an upcoming meeting.  
Minutes Recorded, Prepared and Respectfully submitted by,  
___________________________________________  
John Flynn, CEO, Office of Retirement Services  
The City of San José’s Code of Conduct for Public Meetings in the Council  
Chambers and Committee Rooms  
(https://www.sanjoseca.gov/home/showpublisheddocument/12901/63667000496  
6630000) is intended to promote open meetings that welcome debate of public  
policy issues being discussed by the City Council, their Committees, and City  
Boards and Commissions in an atmosphere of fairness, courtesy, and respect  
for differing points of view.  
In furtherance of these principles, the Board’s Public Comment Policy  
establishes reasonable regulations governing public comment at its meetings  
and Committee meetings, consistent with the Ralph M. Brown Act, Government  
Code §§ 54950 et seq. Relevant provisions of the Public Comment Policy are  
listed below, and the full policy is available here:  
https://www.sjretirement.com/Resources/8e9a12ff-9d1d-4999-a547-6a1d804b6e3  
4/Public%20Comment%20Policy%20%20-asterisk-.pdf  
A. Public Speaker Recognition & Identification: Members of the public who wish  
to address the Board or its committees may state their name and affiliation for  
the record. Speakers will be called on in turn, and time limits as prescribed below  
will be set to ensure the meeting runs orderly.  
B. Public Comment on Agenda Items: The public shall be afforded the  
opportunity to address the Board or Committee on each item on the agenda,  
limited to the matters directly related to the item under consideration, including  
closed session items prior to adjournment into closed session.  
For each agenda item, the Chair shall invite public comment after the staff  
presentation and before Board or committee deliberation and action.  
No individual shall be permitted to address the Board or Committee more than  
once on the same agenda item.  
Each speaker is normally limited to two minutes per agenda item. Moreover, a  
speaker may not yield their time to another member of the public, bypassing the  
two-minute limit.  
If more than twelve individuals request to speak on a single agenda item, the  
Chair may reduce individual speaker time to one minute.  
In all cases, the meeting Chair will allow twice the allotted time for a speaker who  
requires the use of a translator to address the Board or Committee.  
C. General Public Comment: Each agenda shall include a designated General  
Public Comment item during which the public may address the Board or  
Committee on the subject matters within its jurisdiction that are not otherwise  
listed on the agenda.  
D. Remote Public Comment: When remote public comment is offered, speakers  
participating remotely shall be subject to the same rules, time limits, and  
procedures as in-person speakers.  
The Chair may, for meeting management purposes, sequence speakers by  
taking in-person public comment before remote public comment. Remote  
speakers shall be afforded the same individual time limits and total comment  
times as in-person speakers.  
E. Chair Authority and Orderly Conduct: The Chair is responsible for maintaining  
the orderly conduct of meetings.  
The Chair shall:  
1) Enforce time limits and procedural rules established by this Policy.  
2) Provide notice and redirect speakers who stray from the subject of the  
agenda, or the subject matter jurisdiction of the Board or Committee.  
3) Remove or mute speakers who engage in disruptive conduct, including  
behavior that impedes the orderly conduct of the meeting, after appropriate  
warning that their behavior is disorderly and that their failure to cease such  
behavior may result in their removal, consistent with the Ralph M. Brown Act.  
For the purpose of this Policy, “disruptive conduct” shall mean:  
(1) Behavior during a meeting of the Board or Committee that actually disrupts,  
disturbs, impedes, or renders infeasible the orderly conduct of the meeting;  
(2) a failure to comply with this Policy; and  
(3) Behavior that constitutes use of force or a true threat of force that has  
sufficient indicia of intent and seriousness, that a reasonable observer would  
perceive it to be an actual threat of use of force by person making the threat.  
This Policy supports open, lawful public comment and does not restrict the  
public’s right to express criticism or viewpoints regarding the Board, its  
committees, staff, or the department.  
F. Signs and Symbolic Materials: Members of the public may bring objects and  
symbolic materials, such as signs or banners, to meetings of the Board or its  
committees, subject to the following restrictions:  
1) Size and Construction – No object shall be larger than two feet by three feet.  
No sticks, posts, poles, or similar items shall be attached to any sign or symbolic  
material. Items may not create a building maintenance problem or a fire or safety  
hazard.  
2) Display and Conduct – Persons displaying signs or symbolic materials must  
remain seated while doing so and may not raise items above shoulder level,  
obstruct the view or passage of other attendees, or otherwise disturb the  
conduct of the meeting.  
3) Prohibited Items – Objects deemed a threat to persons at the meeting or to  
facility infrastructure are not permitted. ORS staff and building security are  
authorized to remove items and/or individuals from the meeting room if a threat  
exists or is perceived to exist. This restriction does not apply to firearms carried  
by active or retired law enforcement officers authorized to carry under applicable  
law. All other weapons, dangerous materials, and items unrelated to the meeting  
that create a safety or security concern are prohibited.  
4) Prohibited Obscenity – Images or content of lewd material depicting sexual  
acts shall not be permitted.  
Exceptions to the Board’s Public Comment Policy may be made in the discretion  
of and by direction of the Chair.  
Failure to comply with the City’s Code of Conduct and the Board’s Public  
Comment Policy will disturb, disrupt, or impede the orderly conduct of the  
meeting and may result in removal from the meeting.