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Letters from the Public - 2 of 2

San Jose City Council
August 29, 2023

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Letters from the Public - 2 of 2
Meeting
August 29, 2023
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San Jose City Council
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August 25, 2023

San José City Council
San José City Hall
200 E. Santa Clara St.

San José, CA 95113
Sent via electronic mail

Re: Proposed revisions to remove the nonprofit exemption to the Revolving Door Ordinance -- OPPOSED

Dear Mayor Mahan and Members of the City Council:

I write to you on behalf of the Silicon Valley Council of Nonprofits (SVCN), an alliance of community-based organizations working to support thriving and equitable communities in Santa Clara County.

The below nonprofit signatories write 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.

Most recently the City acknowledged the value of nonprofit partnership through the development of a nonprofit contractor bench, an opportunity that will

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leverage the trust communities have in the nonprofits that serve them to bridge the gap between the community and the city to support the City’s commitment to deep civic engagement.

Many of the City’s key programs, like the Office of Racial Equity, exist in large part because of nonprofit advocacy for their existence.

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 nonprofit employment. By definition, nonprofits are guided by their missions for the public benefit, rather than for a profit. To receive 501(c)(3) designation from the IRS, a nonprofit must serve with the purpose of, “... lessening the burdens of government; lessening neighborhood tensions; eliminating prejudice and discrimination; defending human and civil rights secured by law; and combating community deterioration and juvenile delinquency.”(Exempt Purposes - Internal Revenue Code Section 501(c)(3)).

Further, nonprofit professionals, acting in the public interest, who have knowledge of City programs, priorities, and needs, are an asset to the City, not a threat. Restricting their ability to work on City-related projects and advocate for the community’s interests would impede their nonprofit missions. In many cases, it would also stop them from working in partnership with the City toward City goals (like affordable housing organizations) or even delivering City services (like youth violence intervention and prevention organizations).

Lastly, nonprofits already face significant challenges in hiring and retaining staff.

Removing the nonprofit exemption would both make it harder for nonprofits to recruit individuals motivated by service in the public good as well as make it harder for the City to have partners in its goals and objectives.

For all these reasons, rather than remove the limited exemption of nonprofits from the revolving door ordinance, City Council should extend the exemption to all nonprofits rather than only nonprofits with formal relationships with the City.

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We support the specific recommendation of the May 19, 2023 memorandum by Councilmembers Jimenez and Cohen which calls for the exemption to be extended to all nonprofits, including those that may not have formal relationships or contracts with the city.

Please contact [email protected] with any questions. We appreciate your consideration of our perspective.

Sincerely,

Vaughn Villaverde
AACI

Milan R. Balinton
African American Community Service
Agency

Almaz Negash
African Diaspora Network

Michelle Humke
Almaden Valley Counseling Service

Steve Eckert
Alum Rock Counseling Center

Maritza Maldonado
Amigos de Guadalupe Center for
Justice and Empowerment

Richard Konda
Asian Law Alliance

Dr. Anne Ferguson
Bay Area Older Adults
Elisa Koff-Ginsborg
Behavioral Health Contractors’
Association

Josh Selo
Bill Wilson Center

Zahra Biloo
CAIR San Francisco Bay Area

Gregory Kepferle
Catholic Charities of Santa Clara
County

Alicia Orozco
Chicana Latina Foundation

Trami Cron
Chopsticks Alley Art

Marsha Hovey
Collaborating Agencies’ Disaster
Relief Effort (CADRE)

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Dolores Alvarado
Community Health Partnership

Erin O’Brien
Community Solutions

Chad Johnston
CreaTV San José

Jennifer Loving
Destination: Home

Shawn Gerth
Educare California at Silicon Valley

Beth Leary
Family Supportive Housing, Inc.

Michael Fox
Goodwill of Silicon Valley

Veronica Goei
Grail Family Services

Jason Su
Guadalupe River Park Conservancy

Maria Angelica Nicolacoudis
Hearts & Minds Activity Center

Sonya M. Tetnowski
Indian Health Center of Santa Clara
Valley

Quyen Vuong
International Children Assistance
Network (ICAN)

Susan Frazer
Jewish Family Services of Silicon
Valley

Robert Escobar
Jose Valdes Math Foundation

Rose Mukhar
Justice At Last

James Santucci
Kara

Deb Kramer
Keep Coyote Creek Beautiful

Gabriela Chavez-Lopez
Latina Coalition of Silicon Valley

Darcie Green
Latinas Contra Cancer

Socorro Montaño
Latinos United for a New America
(LUNA)

Alison Brunner
Law Foundation of Silicon Valley

Dr. Angelica Cortez
LEAD Filipino

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David P. Hott & Gisela Bushey
Loaves & Fishes Family Kitchen

Anjee Helstrup-Alvarez
MACLA/Movimiento de Arte y
Cultura Latin

Bill Lee
Martha’s Kitchen

Lana Nguyen
Mekong Community Center

Usha Srinivasan
Mosaic America

Phillip Rodriguez
New Hope For Youth

Colsaria Henderson
Next Door Solutions to Domestic
Violence

Mary Gloner
Nonprofit Executive

Aisha Benson
Nonprofit Finance Fund

Meredith Curry Nuñez
Northern California College Promise
Coalition

Grace Li
On Lok
Eva M. Terrazas
Pacific Clinics

Maria Daane
Parents Helping Parents

Heather Cleary
Peninsula Family Service

Tonya Suker
Playful People Productions

Nathan Svoboda
Project MORE

Carole Conn
Project Sentinel

Kathy Cordova
Recovery Café San Jose

Poncho Guevara
Sacred Heart Community Service

Dorsey Moore
San Jose Conservation Corps

James P. Reber
San Jose Parks Foundation

Wisa Uemura
San Jose Taiko

Belinda Lowe-Schmahl
Schmahl Science Workshops

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Jessica Paz-Cedillos
School of Arts and Culture @ MHP

Tracy Weatherby
Second Harvest of Silicon Valley

Leticia Galyean
Seneca Family of Agencies

Huy Tran
Services, Immigrant Rights, and
Education Network (SIREN)

Gina Dalma
Silicon Valley Community
Foundation

Lisa Andrew
Silicon Valley Education Foundation

Kyra Kazantzis
Silicon Valley Council of Nonprofits

Victor Vasquez
SOMOS Mayfair

Mimi Nguyen
Step Forward Foundation

Regina Celestin Williams
SV@Home

Lucianne F. Latu
Taulama for Tongans

Lisa Pedersen
The Art of Yoga Project

Michele Lew
The Health Trust

Yvonne Maxwell
Ujima Adult and Family Services

Marlo Botello-Aepli
UnChained

Kelly Batson
United Way Bay Area

Emily Schwing
Veggielution

Philip Nguyen
Vietnamese American Roundtable

Sujatha Venkatraman
West Valley Community Service

Bob Brownstein
Working Partnerships USA

Jennifer Masuda
Yu-Ai Kai Japantown Senior Center

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