Chapter 12.15

PROSPECTIVE EMPLOYMENT

Sections:

• 12.15.040 Applicability.

• 12.15.050 Negotiation disclosure requirement.

• 12.15.060 Employment offer disclosure and attestation requirements.

• 12.15.070 Participation prohibition.

• 12.15.080 Confidentiality.

• A. The negotiation disclosure provisions of this chapter as set forth in Section 12.15.050 shall apply to the following groups:

  1. Elected officers;

  2. Council appointees and the executive director of the redevelopment agency;

  3. Directors of city departments, assistant city managers, and deputy city managers;

  4. Assistant directors to council appointees and assistant redevelopment agency executive director.

• B. The employment offer disclosure and attestation requirements of this chapter as set forth in Section 12.15.060 shall apply to the following persons:

  1. Board and commission members;

  2. Managers who are determined by their appointing authority to exercise critical decision making or program management responsibility;

• A. For purposes of this chapter, prospective employers include individuals, firms, companies, organizations, private and public agencies, excepting only the city and the redevelopment agency.

• B. Prospective employer includes not only the employing entity, but also all principals of that entity including all persons with ownership interests in that entity.

• (Ord. 25340.)

• A. For purposes of this chapter, with regard to persons listed in subsection A. of Section 12.15.010, prospective employment includes offers, discussions, negotiations or agreements with regard to future employment, with any prospective employer, except for offers received which are rejected immediately upon being made.

• B. For purposes of this chapter, with regard to persons listed in subsection B. of Section 12.15.010, prospective employment includes offers or agreements with regard to future employment, with any prospective employer, except for offers received which are rejected immediately upon being made.

• (Ord. 25340.)

A. This chapter shall apply to prospective employment where it is reasonably foreseeable that the financial interests of the prospective employer could be materially impacted or affected, in a manner different from that of the public-at-large, by the decisions influenced or made by the person subject to this chapter or any issues or matters before the city which are being actively lobbied by the prospective employer could be influenced or affected by the person subject to this chapter. (Ord. 25340.)

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SAN JOSÉ CODE

§ 12.15.050

• A. Any person subject to subsection A. of Section 12.15.010 of this chapter who is entertaining offers, discussion or negotiations or who has an agreement for prospective employment with an applicable prospective employer shall file a prospective employment disclosure statement on a form provided by the city attorney.

• B. A copy of the prospective employment disclosure statement shall be filed with the city attorney within three working days following the occurrence of prospective employment as defined in Section 12.15.030 above.

• C. In addition, a copy of the prospective employment disclosure statement must be filed simultaneously with the notification recipient designated below.

  1. The notification recipient for council appointees and the executive director of the redevelopment agency shall be the mayor.

  2. The notification recipient for all others shall be their appointing authority.

• D. The disclosure requirements in this section shall not apply to any client or prospective client of a councilmember, where the identity of a client is actually and legally required to be maintained as confidential.

• (Ord. 25340.)

• C. In addition, a copy of the prospective employment disclosure statement must be filed simultaneously with the notification recipient designated below:

  1. The notification recipient for board and commission members shall be the secretary of the board or commission.

  2. The notification recipient for all employees subject to this chapter shall be their appointing authority. For purposes of this provision, each member of the council shall be deemed the appointing authority for his or her assistants.

• D. The disclosure requirements in this section shall not apply to any client or prospective client of a board or commission member, where the identity of a client is actually and legally required to be maintained as confidential.

• E. In addition, all persons subject to this section shall sign a statement, on a form prepared by the city attorney, attesting that they will not use their city position, information or knowledge acquired in their employment with the city to influence employment offers or to advantage prospective employers who currently or potentially do business with the city. The statement shall include a commitment to avoid all appearances of conflicts of interest and avoid potential conflicts of interest. It shall be filed with the notice recipient designated in subsection C. above.

• (Ord. 25340.)

• A. Any person subject to subsection B. of Section 12.15.010 of this chapter who has received an offer for prospective employment with an applicable prospective employer shall file a prospective employment disclosure statement on a form provided by the city attorney.

• B. A copy of the prospective employment disclosure statement shall be filed with the city attorney within three working days following the occurrence of prospective employment as defined in Section 12.15.030 above.

• A. No person subject to this chapter shall participate in any decision substantially or directly involving the financial interest of a prospective employer for whom disclosure is required by this chapter or any issues or matters before the city which are being actively lobbied by such prospective employer.

• B. This prohibition shall remain in full force and effect until both of the following have occurred:

  1. A period of six months after all prospective employment negotiations have termi-

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ETHICS AND OPEN GOVERNMENT PROVISIONS

§ 12.16.020

  - nated and a final decision has been made that such employment will not occur; and 

2. The city attorney and the notification recipient have been advised that consideration of employment has been terminated.

• (Ord. 25340.)

• A. The prospective employment disclosure statement shall be maintained as confidential to the greatest extent provided by law until:

  1. The person filing the statement has left city/agency employ; or

  2. The participation prohibition period has ended; or

  3. The person filing the statement has indicated that there is no need for confidentiality; or

  4. The prospective employer has publicly disclosed the prospective employment; or

  5. The city attorney determines that there is no longer justification for withholding the statement from disclosure in that the public interest served by not making the record public does not clearly outweigh the public interest served by disclosure of the statement.

• B. Upon the occurrence of any of the events above, the statement shall be treated as a public record.

• (Ord. 25340.)