Chapter 12.02

GENERAL PROVISIONS AND DEFINITIONS

Sections:

12.02.020 Words and phrases.

12.02.030 Client.

12.02.040 Contractor.

12.02.050 Designated employees.

12.02.060 Reserved.

12.02.070 Governmental action.

12.02.080 Payment.

12.02.090 Person doing business with the city.

12.02.095 Political Reform Act.

12.02.100 Public official.

12.02.110 Successor Agency.

• A. This title is intended to implement Charter Section 607. It is a compilation of all city ordinances which directly regulate campaign conduct and ethics.

• B. This title is intended to apply equally to the successor agency to the redevelopment agency of the City of San José and to any joint powers or other subsidiary agency of the city.

• C. The provisions of this title are supplemented by city policies and administrative regulations. They are in addition to all applicable state and federal laws.

• D. All city officials, including candidates for city office, members of all city and agency boards, commissions and committees, all city and agency employees and all persons doing business with the city or agency are expected to fully comply with all applicable provisions of this title as well as all other city ethics policies and regulations.

• E. The board of fair campaign and political practices shall have jurisdiction to review compli-

ance with the provisions of this title, consistent with Section 12.04.070, unless otherwise specified herein.

(Ords. 24499, 26440, 29460, 29642, 29772.)

Words and phrases used in this title shall have the meanings and be interpreted in the same manner as words and phrases used in the Political Reform Act of 1974 as amended and the regulations issued pursuant thereto, unless otherwise expressly provided or unless the context otherwise requires. (Ords. 24499, 26440, 29642.)

• A. "Client" means the real party in interest for whose benefit the services of a local governmental lobbyist are actually performed.

• B. An individual member of an organization shall not be deemed to be a "client," for purposes of this chapter, solely by reason of the fact that such member is individually represented by an employee or agent of the organization as a regular part of such employee's or agent's duties with the organization as long as such member does not pay an amount of money or other consideration in addition to the usual membership fees for such representation.

• (Ords. 24499, 26440, 29642.)

"Contractor" means any party to an agreement in which the value of the consideration exceeds one thousand dollars; and:

• A. The city is a party; or

• B. The successor agency to the redevelopment agency is a party; or

• C. The agreement or its effectiveness is in any way dependent or conditioned upon approval by the city council or the successor agency to the redevelopment agency board or any board or commission, officer or employee of the city or the agency.

(Ords. 24499, 26440, 29642.)

T12:3

SAN JOSÉ CODE

§ 12.02.050

"Designated employees" means city and successor agency to the redevelopment agency employees who are designated employees within the meaning of the Political Reform Act of 1974, as amended, and who are required by the Political Reform Act or a San José or successor agency to the redevelopment agency conflict of interest code to file financial interest disclosure statements.

(Ords. 24499, 26440, 29642.)

Editor’s note— Ord. 27291, adopted November 30, 2004, repealed § 12.02.060, which pertained to local governmental lobbyist.

"Governmental action" means any administrative or legislative action of the City of San José or the successor agency to the redevelopment agency other than an action which is ministerial in nature. (Ords. 24499, 26440, 29642.)

"Payment" means a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services or anything else of value, whether tangible or intangible. (Ords. 24499, 26440, 29642.)

• A. "Person doing business with the city" means any person whose financial interests are materially affected by governmental action as defined by Section 12.02.070. It includes persons currently doing business with the city or the successor agency to the redevelopment agency, planning to do business with the city or agency, or having done business with the city or agency within two years.

• B. For purposes of this chapter, a person's financial interests shall not be found to be materially affected by the issuance of any license or

permit which does not require the exercise of discretion by city or agency officers or employees.

(Ords. 24499, 26440, 29642.)

"Political Reform Act" means the California Political Reform Act (Government Code Sections 81000 et seq.), as amended, and the Regulations of the Fair Political Practices Commission (Title 2, Division 6 of the California Code of Regulations) adopted thereunder, as amended. (Ord. 30016.)

"Public official" means an elected or appointed officer or employee or officially designated representative, whether compensated or not, of the United States or any of its agencies, the state of California, any political subdivision of the state, including cities, counties, districts, or any public corporation, agency or commission.

(Ords. 24499, 26440, 29642.)

"Successor Agency" means the Successor Agency to the City of San José Redevelopment Agency.

(Ord. 30016.)