Santa Clara County Municipal Code Ch. II Protection of Public Participation from Third-Party Interference

The Board of Supervisors finds that public participation in the County's decision-making process is a foundational principal of democratic governance. However, this fundamental right to participate in the public decision-making process may be interfered with by third parties. Therefore, the County and the public's ability to identify and seek remedy from third-party interference is an essential civil tool to preserving the right of persons to participate in the public decision-making process before the Board, to ensure there is a full and fair decision-making process, and to ensure that Board decisions are informed by and based upon all relevant facts, information, and evidence.

The purpose of this Chapter is to prevent third parties from interfering with a person's fundamental right to participate in the public decision-making process before the Board, to provide such persons with a remedy should this right be interfered with by third parties, and to establish a mechanism by which the County may enforce compliance with this Chapter.

(Ord. No. NS-300.947, § 3, 2-9-21)

Whenever used in this Chapter, the following words and phrases shall be defined as set forth in this Section:

(a) County means the County of Santa Clara.

(b) Intentionally means any of the following:

(1) Willfully; or

(2) Knowingly; or

(3) Recklessly.

(c) Participate means speak, write, present, attend, or otherwise contribute to the public decision-making process in a lawful manner.

(d) Person means a member of the public and includes any County or other government employee.

(e) Public decision-making process means any meeting of the Board of Supervisors or its committees and in which members of the public may participate.

(f) Third party means any employer, organization, company, corporation, or other legal entity, or any person, but not a governmental entity.

(Ord. No. NS-300.947, § 3, 2-9-21)

It is a violation of this Chapter for any third party to intentionally interfere with a person's participation in a public decision-making process by doing any of the following:

(a) Causing physical, reputational, or economic harm to a person who participates or has participated in a public decision-making process with the intent of preventing the person's participation or future participation;

(b) Attempting to cause physical, reputational, or economic harm to a person who participates or has participated in a public decision-making process with the intent of preventing the person's participation or future participation;

(c) Using unlawful violence, threaten, or intimidate to prevent a person from participating in present or future public decision-making processes.

(Ord. No. NS-300.947, § 3, 2-9-21)

(a) Any third party who commits a violation of this Chapter shall be liable to the County for a civil penalty in an amount up to $10,000.00 for each violation, in addition to any costs, including attorney's fees, of a civil action brought by the County to recover any penalties.

(b) Any third party who commits a violation of this Chapter shall be liable to the person(s) against whom the violation is committed for damages in an amount up to $10,000.00 for each violation, in addition to any costs, including attorney's fees, of a civil action brought by the person to recover any damages.

(c) The provisions and remedies of this Chapter are not exclusive, and the remedies provided for in this Chapter shall be in addition to any other remedies provided for in any other law or available under common law.

(d) If a third party violates this Chapter in connection with the public decision-making process for a permit or approval for which the third party is the applicant, property owner, or a representative or agent of the applicant or property owner, then such violation shall constitute a valid basis for denying the permit or approval on the grounds that there was not a full and fair decision-making process and that the Board of Supervisors was not provided with all relevant facts, information, or evidence related to the permit or approval.

(Ord. No. NS-300.947, § 3, 2-9-21)

This Chapter applies to any person who participates in a public decision-making process. This Chapter also applies to any third party who communicates with a person who participates in a public decision-making process prior to or following the person's participation in a manner that intentionally interferes with a person's participation in a public decision-making process.

Liability under this Chapter shall be joint and several for any act committed by two or more third parties.

(Ord. No. NS-300.947, § 3, 2-9-21)

The County Counsel shall be empowered to bring actions to enforce this Chapter; provided, however, that such a civil action may not be brought more than one year after the date when the interference occurred.

A person whose right to public participation is interfered with as described in this Chapter shall have a private right of action in any court of competent jurisdiction against any third party who caused the interference in violation of this Chapter; provided, however, that such a civil action may not be brought more than one year after the date when the interference occurred.

(Ord. No. NS-300.947, § 3, 2-9-21)

Nothing in this Chapter is intended to duplicate or conflict with the United States Constitution, the California Constitution, or any applicable federal or state laws.

(Ord. No. NS-300.947, § 3, 2-9-21)