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Request for Policy Analysis (Council Referrals)
Department CAO, CMO Rules Date September 30, 2026 Item C.1Department Rep. Name/Ext. Cameron Day (CAO)/Erik Jensen (CMO) Councilmember Sponsorship Councilmembers Ortiz, Campos,Policy/Ordinance Subject Council Transparency and Private Cohen, Candelas, and Casey Non-Disclosure Agreements
Staff Recommendation
GREEN Adopt based on tradeoffs
outlined on next page
YELLOW Defer to a later designated
date or the annual Budget Process
RED Recommend Council not
adopt nominated idea
NEEDS CLARIFICATION OR
MORE TIME TO EVALUATE
Staff Evaluation
Is this already underway in a department work plan?
Yes No
Is this time critical or an emergency?
Yes No
Will this require substantial resources, staffing, budget, strategic support, or reprioritizing existing work plan? Yes No
Criterion to Determine Scale of Project Complexity Project complexity is determined by scoring the project in each of the 3 criterions below and then summing the score. a. Low Complexity is a sum of 6 or less. b. Medium Complexity is a sum of 7 – 9. c. High Complexity is a sum of 10 or greater.
Total Score =
Scoring Criterion
Low Complexity Medium Complexity High Complexity
Estimated Duration 6 – 9 months ܆ =1 9 - 18 months ܆ =2 More than 18 months ܆ =3 Organizational Complexity (Internal)
Can easily be absorbed into existing work plan
܆ =1 Planned work (future) ܆ =2 Work not currently proposed ܆ =3 Have staff with required skillset/knowledge
܆ =1 Have staff with required skillset/
requires moderate research
܆ =2 Do not have staff with required
skillset/requires significant research
3 =܆
Less than or equal 2 staff required
܆ =1 3 - 4 staff required ܆ =2 More than 5 staff required ܆ =3 (External) 1 Additional department; no
community outreach required
܆ =1 2 Other departments Involved;
some community outreach required
܆ =2 3 or more departments and/or external
partners involved; significant community outreach required 3 =܆
DEPT.
Required܆ Airport ܆ Auditor ܆ CMO ܆ OEDCA ܆ ESD ܆ Fire ܆ HR ܆ IT ܆ PRNS ܆ Police ܆ Retirement ܆ Attorney ܆ Clerk ܆ CMO – Budget ܆ Energy ܆ Finance ܆ Housing ܆ IPA ܆ Library ܆ PBCE ܆ PW ܆ DOT 9 ✔
✔ ✔ ✔
/s/ Jennifer A. Maguire & /s/ Susana Alcala Wood 9/29/26 CMO Approval: Date
Analysis
Explain the rationale for staff recommendation, including any mitigating factors that need to be considered (recent legislative action, significant work plan changes, etc.). Please address the following as well. GREEN LIGHT: The Administration can implement this nominated idea under its current work plan. Item should be sent to Council to add to department work plan. (1) How will the idea be approached? (2) If adopted, what is its impact and/or tradeoff to the City Council Focus Area or to a department work plan, including strategic support? (3) What is the minimum viable scope to move the idea forward and reduce its complexity? The Administration can implement this nominated idea under its current work plan. Staff in coordination with the City's Attorney Office will bring to City Council a proposed City Council Policy for consideration, that will: (1) prohibit members of the San José City Council from entering into nondisclosure or confidentiality agreements (NDAs) concerning projects, contracts, developments, or other matters subject to City approval, funding, regulation, oversight, or legislative action, including data centers and other large energy-use projects and related infrastructure and agreements, (2) prohibit persons or entities seeking City action or approvals from conditioning access to project-related information upon a Councilmember signing a nondisclosure or confidentiality agreement, and (3) establish an appropriate City process to review confidential, proprietary, trade secret, or commercially sensitive information from persons or entities seeking City action or approvals without requiring individual Councilmembers to enter into NDAs. (continued below) YELLOW LIGHT: Administration recommends Council defer this nominated idea to a later designated date or the annual Budget Process due to (describe cost implications, workload impacts, or other factors)RED LIGHT: The Administration recommends Council not to adopt this nominated idea due to (describe reason implementation would be difficult if not impossible – conflict with other laws, etc.).
Analysis (Continued)
If adopted, there should be minimal impacts to the City Council Focus Area and departmental work plans. The minimum viable scope is to prepare a framework of uniform standards regarding San José City Council from entering into nondisclosure or confidentiality agreements (NDAs). Staff and CAO will coordinate researching of similar restrictions in other jurisdictions and will analyze where San José should establish clearer expectations, outline a consistent process, and establish best practices based on direction from City Council. Staff will return to City Council in Q1 CY 2027 with a proposed City Council Policy.