Policy prohibits San Jose from passing Israel-Hamas resolution, mayor says

With local elected officials across the Bay Area debating whether to weigh in on the Israel-Hamas conflict, it appears the largest city in Northern California apparently is unable to do so even as residents call for its councilmembers to take a stand.

A bylaw dating back to the 1970s prohibits San Jose City Council from passing resolutions related to foreign policy matters, a rule that Mayor Matt Mahan pointed to when asked Wednesday whether he would support any legislative action related to the conflict.

The rule states the council “shall not act or take a position” on “matters concerning the foreign policy of the United States of America nor its relationship to other countries of the world…” the document states. The policy, passed in 1979 and updated in 2016, allows for an exception if a federal official requests the city take a position.

“Our world is full of violence, pain and sorrow — this is our moment to show the rest of the world that we can come together, respect each other and learn from each other,” wrote Mahan in a statement.

The city council’s policy will likely anger those calling for the South Bay city to take a stand on the conflict. During public comment at Tuesday night’s council meeting, over 100 people urged San Jose’s elected officials to pass a resolution, with many calling for a ceasefire.

“I do urge you all to put the ceasefire resolution on the agenda for our next meeting,” said San Jose resident Dr. Yusra Hussain during Tuesday night’s meeting. “This is really (of) paramount importance.”

Almost all of San Jose’s councilmembers did not respond to a request for comment on whether they would support a resolution. Councilmember Pam Foley declined to comment.

Last year, former San Jose Mayor Sam Liccardo voted with the United States Conference of Mayors in passing a resolution condemning the Russian invasion of Ukraine. The city was also urged to cut ties with its sister city in Russia, Ekaterinburg, but chose to send a letter to its leaders instead, expressing concern about the conflict. A spokesperson for Mayor Mahan said Liccardo’s actions fall in line with existing city policy since the council itself did not pass a resolution about the Russia-Ukraine war.

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