Milpitas Municipal Code Ch. 300 Regulation of Certain

Section 1 — Purpose¶

I-300-1.10 - Purpose¶

The purpose of this Chapter is to prohibit former mayors and councilmembers from using or appearing to use their City positions for personal financial gain.

(Ord. 242 (part), 2/6/96)

Exceptions & meaning →

Section 2 — Applicability¶

I-300-2.10 - Applicability¶

This Chapter applies to former mayors and councilmembers of the City of Milpitas. Current City officials are regulated by the Political Reform Act, Government Code §§ 81000 et seq.

(Ord. 242 (part), 2/6/96)

Exceptions & meaning →

Section 3 — Prohibitions¶

I-300-3.10 - Prohibitions¶

Within two (2) years immediately following City service, no person subject to this Chapter shall do any of the following:

(a) Receive compensation for work performed on any matter the person was involved with in his or her official capacity;

(b) Represent anyone else, whether or not for compensation, before the City Council, Redevelopment Agency, Planning Commission, or in any discussions or negotiations with any City staff member; or

(c) Receive compensation from any person who was, in any way, involved in or affected by the work of the former mayor or councilmember, performed in his or her official capacity.

(Ord. 242 (part), 2/6/96)

Exceptions & meaning →

Section 4 — Exceptions¶

I-300-4.10 - Exceptions¶

(a) The following work shall not be subject to the prohibitions of Section I-300-3.10:

(1) Work as an employee or volunteer of a nonprofit organization;

(2) Work as an employee of a government entity; or

(3) Work as an independent contractor of the City where it has been determined that it is in the best interest of the City to retain the former mayor or councilmember to provide services involving technical or specialized knowledge required to complete a project or to provide temporary consulting services to the City.

(b) The provisions of this Chapter shall not apply to prevent a former mayor or councilmember from working as a supervisor of a person or persons performing work that would be prohibited by this Chapter, so long as the supervisor is screened from any personal participation in the work and receives no part of the fee therefrom.

(c) The provisions of this Chapter shall not apply to prevent a former mayor or councilmember from testifying as a percipient witness in any legal proceeding.

(Ord. 242 (part), 2/6/96)

Exceptions & meaning →

Section 5 — Waiver¶

I-300-5.10 - Waiver¶

The City Council may waive the prohibitions of Section I-300-3.10, upon full disclosure of the facts surrounding the proposed activity, if the Council finds that such waiver is in the best interest of the City and that such waiver is not inconsistent with the purposes of this Chapter as set forth in Section I-300-1.10.

(Ord. 242 (part), 2/6/96)

Exceptions & meaning →

Section 6 — Sanctions¶

I-300-6.10 - Sanctions¶

In addition to any other remedy provided in this Code, the person presiding over the Council, Redevelopment, or Planning Commission meeting, upon the petition of the person and after providing notice and an opportunity for hearing, exclude any person found to be in violation of this Chapter from further participation, or from assisting or counseling any other participant, in the matter then pending before such body.

(Ord. 242 (part), 2/6/96)

Exceptions & meaning →