TO: HONORABLE MAYOR AND FROM: Toni J. Taber, CMC
CITY COUNCIL City Clerk
SUBJECT: SEE BELOW DATE: August 8, 2023
SUBJECT: Waiver of Revolving Door Restrictions
Recommendation
As recommended by the Rules and Open Government Committee on August 2, 2023, approve the request by Allie Hughes, the former Council Policy & Legislative Advisor for Councilmember David Cohen, for a Waiver of the Revolving Door Restrictions for the work described in the memorandum and in Ms. Hughes’ June 5, 2023 Waiver Request Letter, and make findings as to whether such waiver is in the best interest of the City and consistent with the purpose of San José Municipal Code Chapter 12.10.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment, Title 12 (Ethics Provisions). (City Attorney) [Rules Committee referral 8/2/2023 - Item C.1]
COUNCIL AGENDA: 8/8/2023
ITEM: 3.7
FILE NO: 23-1060
RULES COMMITTEE: 8/2/23
ITEM: C.1
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TO: RULES AND OPEN
GOVERNMENT COMMITTEE
FROM: NORA FRIMANN
City Attorney
SUBJECT: Waiver of Revolving Door
Restrictions
DATE: July 24, 2023
RECOMMENDATION
1. Consider the request by Allie Hughes, former Council Policy & Legislative Advisor for Councilmember David Cohen, for a Waiver of the Revolving Door Restrictions for the work described in the memorandum and in Ms. Hughes’ June 5, 2023 Waiver Request Letter, and make findings as to whether such waiver is in the best interest of the City and consistent with the purpose of San José Municipal Code Chapter 12.10; and
2. Forward the request and recommendation to the City Council for their consideration on the August 8, 2023 City Council agenda.
OUTCOME
If the City Council approves the waiver, then Allie Hughes, former Council Policy & Legislative Advisor for Councilmember Cohen, may represent Canyon Snow Consulting and its clients such as The Wat Khmer Kampuchea Krom Temple, The Special Olympics of Northern California, The Ranked Choice Voting Coalition, and Glydways and Plenary, before City departments and City elected officials on matters without limitation including land use, public safety, transportation and community sustainability policy.
BACKGROUND
The City Council adopted Ordinance No. 28074 on June 26, 2007 which revised San José Municipal Code (SJMC) Chapter 12.10 – Revolving Door Restrictions. As defined in Municipal Code Section 12.10.010, the purposes of the revolving door restrictions are:
Rules and Open Government Committee
July 24, 2023
Subject: Waiver of Revolving Door Restrictions
T-20504.003 / 2036331 2
A. To assure the independence, impartiality and integrity of City officials and designated employees in making governmental decisions and taking governmental actions;
B. To prevent such former officials and designated employees from using their positions with the City for personal gain; and
C. To prevent private for-profit business entities from obtaining a real or perceived unfair advantage in dealing with the City by hiring former officials and designated employees.
Under Municipal Code Section 12.10.030, former officials and designated employees are prohibited for two years after terminating City employment from pursuing:
A. Work on any legislative or administrative matter on which the official or employee worked on behalf of the City during the twelve months prior to termination of service, or which was within the former City official's or designated employee's area of job responsibility. "Work on any legislative or administrative matter" includes, but is not limited to, providing advice or recommending any action with regard to a City legislative or administrative matter such as a project involving land use, development, or public works. Legislative matters include City Council, Successor Agency board and City board or commission actions related to ordinances, resolutions, agreements, permits or licenses.
B. Represent anyone else on any matter, whether or not for compensation, before the City Council, Successor Agency board, any commission thereof, any individual member of the City Council, Successor Agency board, or commission, or any staff of the City or Successor Agency.
C. Receive any gift or payment which would be prohibited under Chapter 12.08 from any person who was, in any way, involved in or affected by the work of the official or employee during the twelve months prior to the termination of service.
The ordinance has exceptions to the prohibitions for (a) employees or volunteers of specified nonprofit organizations; (b) an employee or official of a government entity; or (c) an independent contractor who provides transitional services to the City. If none of the exceptions apply, the ordinance provides that the City Council may waive the prohibition of Section 12.10.030 if the Council finds that such waiver is in the best interests of the City and that such waiver is consistent with the purpose of Section
12.10.010.
The City Council has a streamlined approach to respond to requests for waivers from former employees. This process contemplates a review of the request by and a Rules and Open Government Committee
July 24, 2023
Subject: Waiver of Revolving Door Restrictions
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recommendation from the Rules and Open Government Committee to the full City Council.
ANALYSIS
Allie Hughes was employed with District 4 Councilmember Cohen’s office as Council Policy & Legislative Advisor for approximately three months from July 10, 2022 to October 15, 2022. In the District 4 Council Office, the primary projects she worked on were the Emergency Interim Housing Community (EIHC) site at Noble, tree canopy and coverage, and working with the Police Department to increase staffing levels.
On October 24, 2022, Ms. Hughes started her new role as Government Affairs Associate for Canyon Snow Consulting, LLC. As Canyon Snow’s Government Affairs Associate, Ms. Hughes’ clients include The Wat Khmer Kampuchea Krom Temple, The Special Olympics of Northern California, The Ranked Choice Voting Coalition, and Glydways and Plenary on the Diridon Airport Connector. In her request, she indicated that she plans to work with City departments, Staff and City elected officials on issues that relate to crucial City matters, and that Canyon Snow’s clients work to elevate the San José community and serve San José in accordance with the City’s equity goals.
We are informed by Ms. Hughes that she did not work on issues related to her current clients during her tenure with the City.
If the Rules Committee finds that there is basis to grant a waiver, Ms. Hughes’ attached letter and this memorandum sets out potential findings the Committee could make in granting a waiver, including:
• As Government Affairs Associate for Canyon Snow Consulting, Ms. Hughes will be working with clients such as The Wat Khmer Kampuchea Krom Temple, The Special Olympics of Northern California, The Ranked Choice Voting Coalition, and Glydways and Plenary on the Diridon Airport Connector; and
• Ms. Hughes’ did not work on issues related to her current clients of Canyon Snow Consulting during her tenure with the City; and
• Based on Ms. Hughes’ primary policy work areas, the waiver could benefit residents of San José because of her insight on City interests and priorities, and are consistent with the purpose of the City’s Revolving Door restrictions in Municipal Code Chapter 12.10.
Rules and Open Government Committee
July 24, 2023
Subject: Waiver of Revolving Door Restrictions
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CONCLUSION
The Rules Committee may grant a waiver by finding that a waiver is in the City’s best interests and consistent with the purposes of San José Municipal Code Chapter 12.10.
The Rules Committee’s recommendation will be forwarded to the City Council for consideration.
CEQA
Not a Project, File No. PP17-008, General Procedure & Policy Making resulting in no changes to the physical environment, Title 12 (Ethics Provisions).
__/s/ Neelam Naidu___________
NEELAM NAIDU
Senior Deputy City Attorney
For questions, please contact Neelam Naidu, Sr. Deputy City Attorney, at 408-535- 1900.
Attachment:
• June 5, 2023 Allie Hughes Request for Waiver of the Revolving Door Prohibitions