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Item No.: 3.3(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
TITLE 12 OF THE SAN JOSE MUNICIPAL CODE TO
AMEND SECTIONS 12.10.020 AND 12.10.030 OF
CHAPTER 12.10 TO REDEFINE EXCEPTIONS TO THE
REVOLVING DOOR ORDINANCE AND REDUCE THE
PROHIBITION FROM TWO YEARS TO ONE YEAR
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Section 12.10.020 of Chapter 12.10 of Title 12 of the San José Municipal Code is amended to read as follows:
12.10.020 Definitions
For purposes of this Chapter, the terms below have the following meaning:
A. "Agency oOfficial" means the chairperson and members of the bBoard of dDirectors of the rRedevelopment aAgency of the City of San José.
B. "City oOfficial" means the mMayor and cCity cCouncilmembers.
C. "Commission" means any body created by the cCity cCouncil or aAgency bBoard whose members are required to file statements of economic interest pursuant to the Political Reform Act of 1974 as amended (Gov. Code §§ 81000 et seq.).
D. "Employee" has the same meaning as set out in Title 20 of the Code of Federal Regulations § 404.1007(b).
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Item No.: 3.3(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
E. "Nonprofit organization" means an entity which would qualify as sucha tax- exempt organization under section 501(c)(3) of the federal Internal Revenue Code and has engaged in programs or projects which have received financial or other formal support from the city council or redevelopment agency board within the past five years..
F. "Transitional services" means services involving technical or specialized knowledge required to complete a project or to provide temporary consulting services to the cCity or the aAgency.
G. "Work" means any activity for which compensation is received from any source, including compensation received as an independent contractor. Work includes the supervision or direction of others performing work, except as provided in.
Section 12.10.050. Work for the cCity or aAgency also includes any action of any sort whatsoever taken in one's official capacity. Service by a cCity or aAgency oOfficial or designated employee on any type of board, committee or similar body as a representative of the cCity or aAgency is deemed to be work for the cCity or aAgency.
SECTION 2. Section 12.10.030 of Chapter 12.10 of Title 12 of the San José Municipal Code is amended to read as follows:
12.10.030 Prohibitions for former officials and designated employees
No city or agency official or designated employee, for two one years after terminating city or agency office or employment, may:
A. Work on any legislative or administrative matter on which the official or employee worked on behalf of the city or agency during the twelve months prior to NVF:RLT:DJF
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Item No.: 3.3(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
termination of service, or which was within the former city or agency 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 or agency legislative or administrative matter such as a project involving land use, development, or public works. Legislative matters include city council, 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, redevelopment agency board, any commission thereof, any individual member of the city council, redevelopment agency board, or commission, or any staff of the city or 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.
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Council Agenda: 08-29-2023
Item No.: 3.3(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this __ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
_________________________
MATT MAHAN
Mayor
ATTEST:
____________________
TONI TABER
City Clerk