Chapter 12.08

PROHIBITION OF GIFTS*

Parts:

• 1 Title and Definitions

The definitions in this Part govern the application and interpretation of this Chapter. (Ord. 30016.)

"Gift" has the same meaning as under the Political Reform Act.

(Ord. 30016.)

"Restricted Source" means any individual, firm or entity whose interest or whose employer's or client's interest:

• A. Has been materially affected by the work of such officer or employee of the City or Successor Agency within the two years prior to the time the gift is given; or

• B. In the future could reasonably be foreseen to be materially affected by the work of such officer or employee of the City or Successor Agency.

(Ord. 30016.)

• 2 Acceptance of Gifts

• 3 Reporting of Gifts

Part 1

TITLE AND DEFINITIONS

Sections:

Part 2

ACCEPTANCE OF GIFTS

Sections:

This Chapter will be known as the San José Gift Ordinance. (Ord. 30016.)

*Editor’s note— Ord. 30016, § 3, adopted Nov. 7, 2017, amended Ch. 12.08 in its entirety to read as herein set out. Former Ch. 12.08, §§ 12.08.010 - 12.08.050, pertained to similar subject matter and derived from Ords. 24499 and 27258.

No officer or designated employee of the City or the Successor Agency may accept any gift, directly or indirectly, from a Restricted Source, except as provided in this Chapter. (Ord. 30016.)

This Chapter does not prohibit the acceptance or receipt of:

• A. Any gift that meets one of the exceptions under the Political Reform Act.

T12:29

SAN JOSÉ CODE

§ 12.08.110

• B. Any gift, including meals and beverages, provided to an officer or employee in a business or social setting that has a value of fifty dollars or less, as long as the total value of all such gifts received from any one Restricted Source does not exceed fifty dollars in any calendar year.

• (Ord. 30016.)

For purposes of this Chapter, the promise, receipt, acceptance, and return of gifts are governed by the Political Reform Act. In addition, a gift is not considered accepted or received under this Chapter if:

• A. It is treated as and remains the property of the City or the Successor Agency

• B. It is received by an officer or designated employee in his or her official capacity or as a representative of the City or the Successor Agency, it is reported to the City Council or Successor Agency board, and the City Council or Successor Agency board, as applicable, approves of the official or designated employee retaining the gift.

• (Ord. 30016.)

Part 3

REPORTING OF GIFTS

Sections:

• B. The gift limitations and disqualification requirements under the Political Reform Act are applicable to gifts which are not prohibited by this Chapter.

• (Ord. 30016.)

• A. At the time of filing the annual disclosure statement required by the Political Reform Act or any applicable conflict-of-interest code, each City officer, officer of the Successor Agency, or designated employee shall file a family gift report on a form provided by the City Clerk.

• B. The officer or designated employee shall indicate on such report any gifts known to have been accepted during the relevant reporting period by such officer's or employee's domestic partner, spouse, and any dependent child where such gifts would have been prohibited to the officer or employee. The value of any such gift and the donor must be disclosed. If the officer or employee has no knowledge of any such gift having been received, the report must so state.

• C. For purposes of this section, "domestic partner" means any person registered as a domestic partner by an employee with the City of San José.

• (Ord. 30016.)