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Title 12 — ETHICS AND OPEN GOVERNMENT PROVISIONS›Part 1 — PURPOSE AND SCOPE OF APPLICATION

Chapter 12.20 — NEPOTISM AND CONSENSUAL PERSONAL RELATIONSHIPS

San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose

12.20.100 - Purpose.

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 of his or her relatives and from consensual personal relationships between a public official and subordinates in the workplace.

(Ord. 28204.)

Exceptions & meaning →

12.20.110 - Scope of application.

This chapter shall apply to the mayor and city council.

(Ord. 28204.)

Part 2 - DEFINITIONS

Exceptions & meaning →

12.20.200 - Definitions.

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

(Ord. 28204.)

Exceptions & meaning →

12.20.210 - Consensual personal relationship.

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.)

Exceptions & meaning →

12.20.220 - Immediate family members.

"Immediate family members" include the following:

A.

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

B.

By marriage: Husband, wife, stepparent, stepchild, father-in-law, mother-in-law, brother-in-law, sister-in- law, daughter-in-law, 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.)

Exceptions & meaning →

12.20.230 - Public official.

"Public official" means any of the members of the city council including the mayor.

(Ord. 28204.)

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12.20.240 - Supervisor.

"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.)

Exceptions & meaning →

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