REPORT TO COUNCIL
SUBJECT
Title
Note and File the List of Designated City Employees who are Subject to Post-Employment Restrictions Pursuant to City Code Chapter 2.145
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency.
BACKGROUND
The Political Reform Act (Cal. Gov. Code §87406.3) places a one-year restriction on the post-service activity of certain high-level local government officials and employees. Local elected officials as well as city managers are bound by the one-year ban on representing any other person, for compensation, by appearing before or communicating with their former agency in an attempt to influence the agency’s decisions in an administrative or legislative action, or any action involving a permit, license, contract, or other transaction. A local agency is allowed to adopt additional post-service restrictions so long as those restrictions are more stringent than those in the state law.
In July 2000, the City Council adopted a final Ordinance that established a new Chapter in the Santa Clara City Code (formerly Santa Clara City Code, Chapter 2.80, renumbered to Chapter 2.145 of the City Code) that established a local Revolving Door prohibition for elected officials and designated employees. This local ordinance is more restrictive than the state law described above in that it expands both the list of employees to whom the restriction applies, and the prohibited post-service activities.
The purpose of this Code provision is (SCCC 2.145.010):
a) To prevent former city officials and designated city employees from using their influence with the city or agency for personal gain.
b) To prevent private for-profit business entities from obtaining a real or perceived unfair advantage in dealing the city or agencies by hiring former city or agency officials and/or designated city employees.
c) To comply with the City “Code of Ethics and Values.”
d) To attempt to assure the independent, impartiality and integrity of city and agency officials and designated city employees in making governmental actions and decisions.
For one year immediately following the termination of city, agency or commission office or employment, former city officials, agency officials, commission officials and designated city employees shall not, for compensation (SCCC 2.145.030):
a) Work on any matter which the affected city official or designated city employee previously worked on for the city.
b) Represent anyone else before the city council, a city agency, a city commission or staff of the city.
c) Receive any gift or payment in excess of the amount determined from time to time by the Fair Political Practices Commission from any person who was, in any way, involved in or affected by the work of the affected city official or designated city employee.
In this context, “work” shall mean 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 SCCC 2.145.050 <https://www.codepublishing.com/CA/SantaClara/> (use of an ethical wall framework). Work for the City or an agency also includes any action of any sort whatsoever taken in one’s official capacity. Service by a City or an agency official or designated City employee on any type of board, committee, subcommittee or similar body as a representative of the City or agency is deemed to be work for the City or an agency (SCCC 2.145.020(h)). The Santa Clara City Code includes that the following “work” shall not be subject to the prohibitions (SCCC 2.145.040):
a) As an employee or volunteer of a nonprofit organization.
b) As an employee of a governmental entity.
c) As an employee pursuant to City Charter 802 which, subject to the civil services provisions of the City Charter, grants authority to the City Manager to make personnel appointments.
d) As an independent contractor of the city or agency where it has been determined that it is in the best interest of the city or agency to retain the former affected city official or city employee to provide transitional services.
Santa Clara City Code, Section 2.145.020(e) includes a provision that annually, the City Manager will provide the City Council with a list of designated City classifications that will be subject to the Revolving Door prohibitions. On December 12, 2023, the City Manager brought forward an item to Note and File the List of Designated City Employees for the period of January 1, 2024 - December 31, 2024. This included the positions of City Manager, City Attorney, Chief Operating Officer, Assistant City Manager, Director of Community Development, Assistant City Clerk, Assistant Police Chief, Fire Chief, Chief Electric Utility Officer, Director of Finance, Director of Water & Sewer Utilities, Director of Information Technology, Director of Public Works, Director of Finance, Director of Human Resources, Director of Parks & Recreation, and City Librarian.
DISCUSSION
In an effort to maintain compliance with Santa Clara City Code. Section 2.145.020(e), the City Manager has designated the classifications set forth below as “Designated City Employees” pursuant to SCCC 2.145.020(e). This list has been expanded from the 2024 year to include the classifications of Deputy City Manager, Assistant to the City Manager, and Police Captain. The Mayor and Council are already included, as defined by City Official in section 2.145.020 (b) of the Santa Clara City Code.
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List of Designated Classifications City Employees Covered Under City Code Section 2.145.020 (e) |
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City Manager |
Fire Chief |
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City Attorney |
Director of Human Resources |
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Chief Operating Officer |
Director of Information Technology |
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Assistant City Manager |
City Librarian |
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Director of Community Development |
Director of Parks & Recreation |
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Director of Public Works |
Assistant Police Chief |
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Chief Electric Utility Officer |
Director of Water & Sewer Utilities |
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Director of Finance |
Assistant City Clerk |
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Deputy City Manager |
Assistant to the City Manager |
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Police Captain |
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The list of Designated City Employees will be effective for the calendar period of January 1, 2025 - December 31, 2025.
The Administration will ensure that annual compliance is adhered to by bringing forward the Designated List of classifications that would be subject to Chapter 2.145.020 (e) annually, in December.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
Establishing an annual list of classifications that would be subject to the Revolving Door prohibitions, as outlined in City Charter, Chapter 2.145 does not have a cost to the City, except for associated staff time in preparation of the agenda materials.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>, or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Note and File the List of Designated City Employees who shall be subject to post-employment restrictions pursuant to Santa Clara City Code, Chapter 2.145 for the period of January 1, 2025 - December 31, 2025.
Staff
Reviewed by: Aracely Azevedo, Director of Human Resources
Approved by: Jovan D. Grogan, City Manager