Chapter 12.10

REVOLVING DOOR RESTRICTIONS*

Sections:

• A. The reporting and disclosure of gifts must be done in accordance with the requirements of the Political Reform Act and the requirements in this Chapter.

*Editor’s note— Ord. 28074, § 1, adopted June 26, 2007, effective August 1, 2007, amended Chapter 12.10, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Chapter 12.10 pertained to similar subject matter.

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§ 12.10.030

• 12.10.030 Prohibitions for former officials and designated employees.

• 12.10.035 Designated employees terminated due to reductions in work force.

• 12.10.040 Prohibition for former commission members.

• 12.10.050 Exceptions.

• 12.10.060 Applicability.

• 12.10.070 Waiver.

• 12.10.080 Enforcement.

• 12.10.090 Penalties.

The purposes of this chapter are:

• A. To assure the independence, impartiality and integrity of city and agency officials and designated employees in making governmental decisions and taking governmental actions.

• B. To prevent such former officials and designated employees from using their positions with the city or agency for personal gain.

• C. To prevent private for-profit business entities from obtaining a real or perceived unfair advantage in dealing with the city or agency by hiring former officials and designated employees.

• (Ord. 28074.)

For purposes of this Chapter, the terms below have the following meaning:

• A. "Agency Official" means the chairperson and members of the Board of Directors of the Redevelopment Agency of the City of San José.

• B. "City Official" means the Mayor and City Councilmembers.

• C. "Commission" means any body created by the City Council or Agency Board whose members are required to file statements of economic interest pursuant to the Political Reform Act of 1974 as amended (Gov. Code §§ 81000 et seq.).

• D. "Employee" has the same meaning as set out in Title 20 of the Code of Federal Regulations § 404.1007(b).

• E. "Nonprofit organization" means a taxexempt organization under Section 501(c)(3) of the Internal Revenue Code.

• F. "Transitional services" means services involving technical or specialized knowledge required to complete a project or to provide temporary consulting services to the City or the Agency.

• G. "Work" means any activity for which compensation is received from any source, including compensation received as an independent contractor. Work includes the supervision or direction of others performing work, except as provided in Section 12.10.050. Work for the City or Agency also includes any action of any sort whatsoever taken in one's official capacity. Service by a City or Agency Official or designated employee on any type of board, committee or similar body as a representative of the City or Agency is deemed to be work for the City or Agency.

(Ords. 28074, 30947.)

No city or agency official or designated employee, for one year after terminating city or agency office or employment, may:

• A. Work on any legislative or administrative matter on which the official or employee worked on behalf of the city or agency during the twelve months prior to termination of service, or which was within the former city or agency official's or designated employee's area of job responsibility. "work on any legislative or administrative matter" includes, but is not limited to, providing advice or recommending any action with regard to a city or agency legislative or administrative matter such

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§ 12.10.030

as a project involving land use, development, or public works. Legislative matters include city council, agency board and city board or commission actions related to ordinances, resolutions, agreements, permits or licenses.

• B. Represent anyone else on any matter, whether or not for compensation, before the city council, redevelopment agency board, any commission thereof, any individual member of the city council, redevelopment agency board, or commission, or any staff of the city or agency.

• C. Receive any gift or payment which would be prohibited under Chapter 12.08 from any person who was, in any way, involved in or affected by the work of the official or employee during the twelve months prior to the termination of service.

• (Ords. 28074, 30947.)

• A. Notwithstanding the provisions in this chapter to the contrary, a designated employee who was terminated or involuntarily separated from city or agency service due to consolidation or elimination of functions or other reduction in the city or agency work force which was based solely on economic or budgetary conditions is permitted to:

  1. Work on any legislative or administrative matter on which the employee worked on behalf of the city or agency during the twelve months prior to termination of service, or which was within the former designated employee's area of job responsibility. "Work on any legislative or administrative matter" includes, but is not limited to, providing advice or recommending any action with regard to a city or agency legislative or administrative matter, such as a project involving land use, development, or public works. Legislative matters include city council,

     • agency board and city or agency board or commission actions related to ordinances, resolutions, agreements, permits or licenses.

  2. Represent, before city or agency commissions or city or agency staff, any business or person that within the last twelve months of the employee's employment: (a) did not receive any subsidy from the city or agency; or (b) was not involved in any project on which the employee worked.

• B. Except as permitted by Subsection A.1., for two years after leaving city or agency employment, no designated employee described under this section may accept any gift or payment which would be prohibited under Chapter 12.08 from any person who was in any way involved in or affected by the work of the official or employee during the twelve months prior to the termination of service.

• (Ord. 28989.)

No member of a commission may, for two years after leaving the commission, represent anyone else, whether or not for compensation, before the commission on which the former member served. No other provisions of this chapter apply to persons serving on a commission who are not otherwise city or agency officials or designated employees.

(Ord. 28074.)

The following persons are not subject to the prohibitions of Section 12.10.030:

• A. An employee or volunteer of a nonprofit organization, as defined in Section 12.10.020 E.;

• B. An employee or official of a government entity;

• C. An independent contractor of the city or agency where it has been determined that

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§ 12.10.100

it is in the best interest of the city or agency to retain the former official or employee to provide transitional services. Such determination will be made by the person or body authorized to enter into such a contract. In such event, the city or agency will contract directly with the former official or employee. The rate of compensation for such services must not exceed the former official's or employee's rate of pay, including benefits, at the time city or agency service terminated.

• (Ord. 28074.)

• A. The provisions of this chapter will not prevent a former city or agency official or designated employee from testifying as a percipient witness in any legal proceeding.

• B. The provisions of this chapter will not prevent a former city or agency official or designated employee 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.

• (Ord. 28074.)

The city council or redevelopment agency board of directors may waive the prohibitions of Section 12.10.030 if the council or board finds that such waiver is in the best interest of the city or agency and that such waiver is consistent with the purposes of this chapter as set forth in Section 12.10.010.

(Ord. 28074.)

• A. The city attorney may conduct inquiries or investigate complaints of violations of this chapter. The city attorney may seek judicial

relief to enjoin violations of or to compel compliance with the provisions of this chapter.

• B. A city or agency official, designated employee or person who is subject to the provisions of this chapter may request a formal written opinion from the city attorney and may reasonably rely on such advice in order to comply with the requirements of this chapter. Before such opinion is rendered, such official or employee must fully cooperate with the city attorney in disclosing facts and information in order to prepare the formal opinion.

• C. Any person may file a complaint alleging a violation of this chapter with the elections commission through the office of the city clerk.

• D. The city attorney may put persons on notice of a potential violation of the requirements of this chapter, whether or not a complaint is filed with the elections commission.

• (Ord. 28074.)

Violations of this chapter may result in civil penalties of up to five thousand dollars ($5,000) for each violation. The City of San José or the redevelopment agency are entitled to recover from any former city or agency official or designated employee the monetary value of any compensation or thing of value provided to such person in violation of the provisions of this chapter. (Ord. 28074.)

If any section, subsection, sentence, clause, or phrase of this chapter heretofore or hereafter adopted by the city council of the City of San José is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the chapter. Each and every section, subsection, sentence, clause or phrase of this chapter is severable from all other sections, subsections, sentences, clauses or phrases. (Ord. 28074.)

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