San Jose Municipal Code Part 3 Requirement

The following situations constitute a conflict of interest from which a councilmember must abstain:

A. A particular matter involving a specific party, if the councilmember knows that a decision on the matter is likely to have a direct and predictable effect on a financial interest of a member of his or her household;

B. A particular matter involving a specific party, if the councilmember knows that a person with whom he or she has a covered relationship is either:

1. A party to such matter; or

2. Represents a party to such matter.

C. A particular matter involving a specific party in which councilmember:

1. Is the subject of such matter; or

2. Represents a party to such matter; or

3. Supervises a party to such matter.

(Ord. 29461.)

A. The elected official abstaining from voting on a particular matter involving a specific party must identify on the public record of the meeting in which the matter is being considered the basis for the abstention including the relevant facts in sufficient detail for the public to understand.

B. After making this statement, the elected official must not be present for the discussion and leave the meeting room until after the discussion.

C. Notwithstanding Subsection B. above, if the elected officer is the subject of a particular matter involving a specific party, the elected official, at his or her option, may remain in the room and provide testimony in his or her personal capacity.

(Ord. 29461.)