San Jose Municipal Code Part 3 Disclosure, Reporting Requirements

Each elected official shall file the disclosure statement required in Section 12.19.320 on a quarterly basis.

(Ord. 27841.)

The city clerk shall be the filing officer for the disclosure statement and will be responsible for the preparation of the forms and explanatory materials.

(Ord. 27841.)

A. Each elected official shall file each quarter a disclosure statement that includes the information specified in this section with the filing officer. The disclosure statements filed pursuant to this chapter shall be public records.

B. Each quarterly disclosure statement shall include the following information:

1. Name of the elected official;

2. The reporting period;

3. Number of hours during the reporting period that the elected official has rendered services unrelated to his or her duties of office for which he or she has earned income;

4. Identification of the business entity, governmental agency, or trust; brief description of the nature of the services; and, if applicable, identification of the business position the elected official held with the business entity, and if applicable, the position with the governmental agency or trust;

5. Identification of the amount of income earned in the reporting period from each business entity, governmental agency, or trust in the following ranges: (a) less than five hundred dollars ($500); (b) at least five hundred dollars ($500) but did not exceed one thousand dollars ($1,000); (c) greater than one thousand dollars ($1,000) but did not exceed ten thousand dollars ($10,000); (d) greater than ten thousand dollars ($10,000) but did not exceed one hundred thousand dollars ($100,000); or (e) greater than one hundred thousand dollars ($100,000);

6. Each business entity with whom the elected official has a business position, or if applicable, each governmental agency or trust with whom the elected official has a position, and has earned five hundred dollars ($500) or more in income for services rendered. If the income earned is less than five hundred dollars ($500) in any reporting period but subsequently aggregates to or exceeds five hundred dollars ($500) within the reporting year, the elected official shall list the name of the business entity, governmental agency, or trust in the disclosure statement for the reporting period when the total income aggregates to or exceeds five hundred dollars ($500), and for each subsequent reporting period of that reporting year;

7. Each source of income to the business entity with whom the elected official has a business position if the elected official's pro rata share of gross receipts to the business entity is five thousand dollars ($5,000) or more. If the income received is less than five thousand dollars ($5,000) in any reporting period but subsequently aggregates to or exceeds five thousand dollars ($5,000) within the reporting year, the elected official shall list the name of the source of income in the disclosure statement for the reporting period when the total income aggregates to or exceeds five thousand dollars ($5,000), and for each subsequent reporting period of that reporting year. The reporting requirement of this section is not intended to require the disclosure of the identity of a single source of income if such disclosure would violate federal or state law; and

8. If identification of a single source of income under subsection 7. would violate a legally recognized privilege or privacy interest under federal or California law, the elected official shall file, in a separate document, with respect to each undisclosed person, the basis for assertion of the privilege or privacy interest and, as specifically as possible without defeating the privilege or privacy interest, facts which demonstrate why the privilege or privacy interest is applicable. The elected official shall also state, with respect to each undisclosed source of income, that to the best of the elected official's knowledge that he or she will not make, participate in making, or in any way attempt to use an official position to influence a governmental decision if doing so would be a violation of the Political Reform Act of 1974, Government Code Section 81000, et seq., as amended.

C. The elected official shall sign and date the disclosure statement under penalty of perjury.

D. The elected official shall file each disclosure statement with the filing officer no later than the filing date regardless of whether the elected official holds his or her office as of the filing date.

(Ord. 27841.)

Enforcement of this chapter shall be through the San José elections commission pursuant to the procedures set forth in Chapter 12.04, as amended.

(Ord. 27841.)