San Jose Municipal Code Part 2 Definitions

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

(Ord. 27925.)

"Member of council" means any of the members of the city council including the mayor as provided in Charter Section 1704.

(Ord. 27925.)

"Misconduct in office" means an egregious and serious wrongful or unlawful act, lawful act performed in a wrongful manner, or a failure to act when a duty to act existed, that is taken in his or her official capacity or in relation to the duties of office. For purposes of this chapter, members of council have a duty to abide by federal and state law, city charter, city ordinances, and city policies, including conflict of interest or governmental ethics laws.

(Ord. 27925.)

"Rules committee" means the committee of the city council established as the rules committee by City Council Resolution No. 73321, as such resolution may be amended or superseded.

(Ord. 27925.)

"Subject member" means the member of council who is the subject of the request for removal from office.

(Ord. 27925.)

"Willful" means a purpose or willingness to commit the act or to not act with knowledge of a duty to act. Willfulness does not require knowledge that the act violates the law, or intent to violate the law, injure another or to acquire any advantage.

(Ord. 27925.)