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City Beat
City Council candidate challenges state law on photo use
Jim Spence seeks temporary court order for campaign
By Chantal Lamers
San Jose Police Sergeant and District 6 San Jose City Council candidate Jim Spence is going to court next week because he believes that pictures speak louder than words.
Spence will attend a hearing Feb. 10 to ask a Superior Court judge to grant a temporary court order that will allow him to use an old photo of himself in police uniform for his campaign literature.
According to state law, public employees can't participate in political activities while in uniform. The city attorney has advised San Jose Police Chief Bill Lansdowne that historical photos are also prohibited under this law.
Spence said he wants to use the picture because, in today's world of technological advancements, a picture is worth a thousand words. He said he also wants to show voters his 30 years of dedication to the police department.
"We're asking for an interpretation," said Spence, who believes the state legislature's intent wasn't meant to be so stringent that public employees couldn't use historical documents to illustrate significant experiences in their lives.
The photograph Spence hopes to use in his campaign depicts him accepting an award from then-Mayor Janet Gray and then-Police Chief Joseph McNamara for saving the life of a San Jose resident.
Rubens Dalaison, SJPD public information officer, said that if an officer ignored the law, he could face disciplinary action, including suspension from the force.
"It's a law that's put into place for a good reason," said Dalaison, who says he can't recall a similar case in SJPD history. "We're not here to push a political agenda, we're here to protect the public."
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Willow Glen, California Since 1992
