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Silicon Valley Council of Nonprofits
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May 10, 2023
San José City Council
San José City Hall
200 E. Santa Clara St.
San José, CA 95113
Sent via electronic mail
Re: San Jose City Council Rules Committee, Item C.1. (23-190)
Dear Rules Chairperson Cohen and Members of the Committee,
We, the undersigned nonprofit organizations, are writing to express concern with the proposal to eliminate any exemption for nonprofits from the City's Revolving Door Ordinance.
The proposed change in the City's Revolving Door Ordinance to strike the current limited nonprofit exemption from the Revolving Door Ordinance was done without any consultation with the nonprofit community. Many of us have just learned about this proposal in the last several days and have not had a chance to assess how the proposed change will affect nonprofits and the greater community.
It's unusual and surprising for City staff not to reach out to affected groups when policy- making so that Council is fully informed of the potential effects of its decisions. We strongly recommend that the item be deferred while appropriate outreach is conducted.
Thank you for your consideration. Please contact Kyra Kazantzis at [email protected] with any questions.
CC: Mayor Mahan, City Council, Chiefs of Staff, Committee Staff
Sincerely,
Sarita Kohli
AACI
Milan R. Balinton
African American Community Service
Agency
Richard Konda
Asian Law Alliance
Elisa Koff-Ginsborg
Behavioral Health Contractors’
Association
Gregory Kepferle
Catholic Charities of Santa Clara County
Cathryn Hyde
Community Health Partnership
David Low
Destination: Home
Darcie Green
Latinas Contra Cancer
Alison Brunner
Law Foundation of Silicon Valley
Eva Terrazas
Pacific Clinics
Poncho Guevara
Sacred Heart Community Service
Tracy Weatherby
Second Harvest of Silicon Valley
Regina Celestin Williams
Silicon Valley at Home
Gina Dalma
Silicon Valley Community Foundation
Kyra Kazantzis
Silicon Valley Council of Nonprofits
Victor Vasquez
SOMOS Mayfair
Yvonne Maxwell
Ujima Adult and Family Services
Jeffrey Buchanan
Working Partnerships USA
May 19, 2023
San José City Council
San José City Hall
200 East Santa Clara Street
San José, CA 95113
Sent via electronic mail
Re: Item 3.4, Proposed revisions to remove the non-profit exemption to the Revolving Door Ordinance -- OPPOSED
Dear Mayor Mahan and Councilmembers:
I write on behalf of Silicon Valley Council of Nonprofits (SVCN), an alliance of over 170 nonprofit organizations working to support the creation of equitable, vibrant, and thriving communities in Santa Clara County. I am writing with great concern about the proposal to remove the nonprofit exemption to the Revolving Door Ordinance.
Nonprofits are great and steadfast partners of the City; there are myriad examples of nonprofits being part of the fabric of City programs and services. Nonprofits currently work day-to-day with City staff to conduct outreach to our unhoused neighbors and to support youth in our community who are at risk of gang involvement. Nonprofit and City staff labored shoulder to shoulder to respond to the pandemic—providing food, childcare, testing and vaccines, and protecting our unhoused and other vulnerable community members from COVID. Nonprofit leaders worked for a year (in a volunteer capacity) on the Recovery Task Force, together with City staff and community members with relevant lived experiences, to envision a future where our community experiences an equitable recovery from the consequences of the pandemic. Only several weeks ago, the City announced the results of an RFQ process that will allow the City to partner with nonprofits to support the City’s commitment to deep civic engagement with its neighborhoods and particular communities. Many of the City’s key programs, like the Office of Racial Equity, exist in large part because of nonprofit advocacy for their existence.
Rather than remove the limited exemption of nonprofits from the revolving door ordinance, City Council should be extending the exemption to all nonprofits.
The purpose behind the Revolving Door Ordinance is to prevent City employees who have separated from the City to use their knowledge from or relationships within the City to profit from or get unfair advantage with the City. This rationale is inapposite when applied to employees who transition to non-profit employment. By definition, nonprofits are guided by their missions for the public benefit, rather than for a profit.
Nonprofit professionals who have knowledge of City programs, priorities, and needs— who are acting in the public interest—would be an asset to the City, not a detriment.
Further, removing the exemption would create a deterrent for individuals seeking nonprofit employment after leaving City service and would worsen nonprofits’ already- difficult hiring challenges.
Please consider adding an exemption for all non-profits. It is unclear why the Board of Fair Campaign and Political Practices is making the recommendation it did; we are unaware of any outreach by the Board to the nonprofit community for feedback.
Likewise, we’re unaware of whether the Board conducted any research to determine how common nonprofit exemptions are in other governments’ revolving door laws.
Please contact Yvonne Jimenez at Silicon Valley Council of Nonprofits ([email protected] with any questions. We appreciate your consideration of our perspective.
Sincerely,
Milan Balinton
African American Community Service Agency
Sarita Kohli
Asian Americans for Community Involvement
Richard Konda
Asian Law Alliance
Elisa Koff-Ginsborg
Behavioral Health Contractors’ Association
Greg Kepferle
Catholic Charities
Dolores Alvarado
Community Health Partnership
Erin O’Brien
Community Solutions
Jen Loving
Destination: Home
Alison Brunner
Law Foundation of Silicon Valley
Colsaria Henderson
Next Door Solutions to Domestic Violence
Eva Terrazas
Pacific Clinics
Kathy Córdova
Recovery Cafe
Poncho Guevara
Sacred Heart Community Service
Gina Dalma
Silicon Valley Community Foundation
Kyra Kazantzis
Silicon Valley Council of Nonprofits
Victor Vasquez
SOMOS Mayfair
Regina Celestin Williams
SV@Home
Yvonne Maxwell
Ujima Adult and Family Services
Kevin Zwick
United Way Bay Area
Maria Noel Fernandez
Working Partnerships USA