Part 4 — CONSENSUAL PERSONAL RELATIONSHIPS

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 5 - ENFORCEMENT

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 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.)