Chapter 12.20

NEPOTISM AND CONSENSUAL PERSONAL RELATIONSHIPS

Parts:

• 1 Purpose and Scope of Application

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 28204.)

• 2 Definitions

• 3 Prohibition - Nepotism

• 4 Consensual Personal Relationships

• 5 Enforcement

Part 1

PURPOSE AND SCOPE OF APPLICATION

Sections:

The purpose of this chapter is to mitigate against actual or perceived favoritism, bias, and potential conflicts of interest created from the hiring, appointment or supervision by a public official

A consensual personal relationship means a consensual sexual or romantic relationship between an employee and a public official who is in a position of authority and supervision over the employee. This can include direct or indirect reporting relationships where the public official is in a higher level position within the same chain of command as the employee or subordinate. (Ord. 28204.)

"Immediate family members" include the following:

• A. By blood: Parent, child, grandparent, grandchild, brother, sister, nieces, nephews, uncles, aunts, great grandchildren, or great grandparents.

T12:57

SAN JOSÉ CODE

§ 12.20.220

• B. By marriage: Husband, wife, stepparent, stepchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-inlaw, son-in-law, half sister, or half-brother.

• C. By law: Guardianship relationships and adoptive parent/child relationships.

• D. Domestic partner: Individuals registered with the human resources department and/or the state of California.

• (Ord. 28204.)

"Public official" means any of the members of the city council including the mayor. (Ord. 28204.)

"Supervisor" shall mean a public official having the authority to hire, terminate, transfer, lay off, reward, evaluate, discipline, or assign work to and direct other employees, or to effectively recommend such action if the exercise of such authority requires independent judgment. (Ord. 28204.)

bition applies even in situations where the employment relationship was established or formed before a marriage.

(Ord. 28204.)

Part 4

CONSENSUAL PERSONAL RELATIONSHIPS

Sections:

Where a consensual personal relationship exists, the public official will bear the primary burden of accountability, and must ensure that he or she does not exercise any supervisory or evaluative function related to the employee or subordinate. In such a case, the public official has the responsibility to ensure that the employee is provided alternative employment arrangements outside of the public official's chain of command. (Ord. 28204.)

Part 3

Part 5

PROHIBITION - NEPOTISM

ENFORCEMENT

Sections:

Sections:

No public official shall appoint, employ or participate in a hiring or employment decision involving any person who is an immediate family member nor use his or her position to influence another city or redevelopment agency official or employee regarding a hiring or employment decision involving a member of the public official's immediate family. (Ord. 28204.)

No public official shall directly or indirectly supervise an immediate family member. This prohi-

• A. Complaints alleging a violation of this chapter by the mayor may be made to the city attorney. Complaints alleging a violation by a member of the mayor's staff may be made to the mayor or city attorney in accordance with the city's nepotism policy, and discrimination and harassment policy which apply to city employees.

• B. Complaints alleging a violation of this chapter by a councilmember may be made to the

T12:58

ETHICS AND OPEN GOVERNMENT PROVISIONS

§ 12.21.010

mayor or city attorney. Complaints alleging a violation by a member of a councilmember's staff may be made to the councilmember or the city attorney in accordance with the city's nepotism policy, and discrimination and harassment policy which apply to city employees.

• C. Complaints alleging a violation of this chapter by a city council appointee may be made to the mayor in accordance with the city's nepotism policy, and discrimination and harassment policy which apply to council appointees.

• (Ord. 28204.)

Complaints alleging a violation of this chapter shall not be subject to review and investigation by the San José elections commission. (Ord. 28204.)