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Title 12 — ETHICS AND OPEN GOVERNMENT PROVISIONS

Part 3 — CONTINGENT COMPENSATION TO LOBBYISTS

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

12.12.300 - Contingent compensation.

A.

A person may not accept compensation for lobbying activity when the compensation is directly dependent on the result of legislative or administrative action(s) that are the subject of the lobbying activity.

B.

A person may not accept compensation for engaging in lobbying activity when the compensation depends on both:

The result of legislative or administrative action(s) that are the subject of the lobbying activity; and

Additional condition(s) or event(s) that are not the subject of the lobbying activity.

C.

A person engaged in lobbying activity may accept compensation for services, other than lobbying activity, when the compensation directly depends on the result of legislative or administrative action(s) that are the subject of the lobbying activity.

D.

A person engaged in lobbying activity may accept compensation for services, other than lobbying activity, when the compensation depends on both:

The result of legislative or administrative actions that are the subject of the lobbying activity; and

Additional condition(s) or event(s) that are not the subject of the lobbying activity.

(Ord. 28074.)

Exceptions & meaning →

12.12.310 - Disclosure of contingent compensation.

A.

A person engaged in lobbying activity must disclose any agreement, arrangement, or understanding regarding compensation for services set forth in Section 12.12.300 C. and D.

B.

Except as provided in subsection C., a person engaged in lobbying activity must file with the city clerk at least one business day before any lobbying activity, the following information:

Name, address, and telephone number of the person engaged in lobbying activity.

Name and address of the source of compensation.

A brief description of the legislative or administrative action the person engaged in lobbying activity is seeking to influence.

If compensation can be calculated at the time of the disclosure, the compensation within the following ranges: ($0.00 - $500), ($501 - $1,000), ($1,001 - $10,000), ($10,001 - $100,000), ($100,001 - $200,000), ($200,001 - $300,000), ($300,001 - $400,000), and (over $400,000).

If compensation cannot be calculated at the time of the disclosure, a brief description of the basis for determining the compensation, and any legislative or administrative action(s) and/or additional condition(s) or event(s) that must occur before the person engaged in lobbying activity is entitled to receive compensation.

C.

A person engaged in lobbying activity that is not yet required to register as a lobbyist as defined under Section 12.12.180 may file the disclosure form concurrent with the registration report.

(Ord. 28074.)

Exceptions & meaning →

12.12.320 - Separate written agreements.

A person engaged in lobbying activity may have separate written agreements for lobbying activity and other services related to the same project or issue.

(Ord. 28074.)

Exceptions & meaning →

12.12.330 - Exemptions.

Sections 12.12.300 and 12.12.310 do not apply to compensation for services by an attorney licensed to practice law in the state of California who represents a party or potential party in pending or actual litigation or administrative enforcement proceeding brought by or against the city.

(Ord. 28074.)

Exceptions & meaning →

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