Part 6 — COMPLIANCE, TRAINING, AND ENFORCEMENT

A.

The city clerk oversees compliance with this chapter, including the creation of all forms and explanatory materials.

B.

The city clerk will provide explanatory materials for lobbyists on the San José Municipal Lobbying Ordinance. Training will be available to newly elected city officials.

(Ords. 28074, 29812.)

A.

The city attorney may investigate complaints of violations of this chapter. The city attorney may seek judicial or injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.

B.

Any person may file a complaint with the city clerk alleging a violation of this chapter with the elections commission.

C.

The city attorney or the city clerk may put lobbyists on notice of a potential violation of the requirements of this chapter, whether or not a complaint is filed with the elections commission.

D.

Any person may request the city attorney to provide written advice with respect to the person's duties under the provisions of this chapter. The city attorney must provide the advice within twenty-one working days of the request, provided that the time may be extended for good cause. It shall be a complete defense in any enforcement proceeding before the elections commission, and evidence of good faith conduct in any other civil or criminal proceeding, if the requestor, at least twenty-one working days before the alleged violation, requested written advice from the city attorney in good faith, disclosed truthfully all the material facts, and committed the acts complained of either in reliance on the advice or because of the failure of the city attorney to provide advice within twenty-one days of the request or such later extended time.

(Ords. 28074, 28660.)

A.

Upon the written request of any city official, the city clerk will issue an order to show cause to any unregistered person.

B.

Such order must specify a time and place where such person must appear to provide evidence satisfactory to the elections commission that he or she has complied with the registration requirement or is exempt from registration.

C.

If the elections commission determines that such person is subject to registration and he or she fails to register within seven days of that determination, such person will be barred from appearing before city council or the redevelopment agency board except at a public hearing on his or her own behalf or on oral petition. Such debarment will be in effect for three months from the date of such determination or until registration, whichever is later.

(Ord. 28074.)

Each violation of this chapter may result in civil penalties of up to five thousand dollars ($5,000) or the amount of the compensation received for the lobbying activity, whichever is greater may be assessed by the elections commission or a court of law.

(Ord. 28074.)