A Clean, Open and Ethical City Hall

By Dave Cortese

Dave Cortese's government reform proposals include amendments to San Jose's Lobbyist Ordinance, providing greater access to information and meetings, and establishing stronger enforcement provisions.

He was the first to request the Council consider censuring former Councilman Terry Gregory in November 2004, the sole councilmember to call for an investigation to continue on the Cisco technology contract for the new City Hall in January 2005, and the first to request a censure hearing and resignation of the Mayor after he crafted a backroom garbage-hauling deal that cost citizens an extra $11.25 million.

He has also proposed strengthening penalties for campaign consultants who commit violations and strengthening rules so that elected officials cannot make recommendations on consultants.

As president of the Santa Clara County Cities Association in 2005, Dave convened ethics training for all mayors and council members in the entire county. As mayor of San Jose, Dave will make sure this ethics training is an annual priority for the city and for the region. He is not be afraid to eliminate backroom politics and return City Hall to its rightful owners--the people of San Jose.

Amendments to San Jose's Lobbyist Ordinance

Lobbyists are dictating public policy at City Hall, and this must change. As mayor of San Jose, Dave will do everything in his power to reduce their influence. Some elected officials and lobbyists claim this is not happening, so the first step in reforming the system is to reveal what lobbyists are really up to. San Jose citizens have a right to know who is lobbying their elected officials and how to better assess the impact of lobbying on public policy decisions.

We cannot have lobbyists running City Hall. To resolve this dilemma, Dave first proposes a filing system that demands a two-day turnaround for lobbyists to report who they met, on which issue, and the amount of any contribution in dollars and in-kind goods. This would reveal if there was any link to key policy decisions being made at City Hall.

Second, Dave proposes stringent restrictions on elected officials and their employees who have typically returned to City Hall within a year of departing. This includes permanently banning former employees from returning to lobby their bosses.

The current `revolving door' policy is inadequate, because many policy decisions like Norcal and land use decisions like Coyote Valley, Communications Hill and Evergreen span two to three years. Former city employees or elected officials should not be able to exert undue influence on public policy based on their previous legislative history with the policy or the personal relationships they may have formed while in office.

Dave's six amendments to San Jose's existing lobbyist ordinance would:

1. Require filing of lobbyist disclosure reports within 48 hours or two business days of the occurrence of reportable lobbying and fundraising activity.

2. Request the City Clerk to make available the reports required in #1 above, real-time on the City of San Jose website, including lobbyist fund raising activities, contributions raised/offered, and solicitations made on behalf of an elected official.

3. Permanently ban former employees of San Jose elected officials from returning to City Hall to lobby their former supervisors.

4. Prohibit former city employees, including elected officials, from registering as lobbyists or providing political consultation services to a registered lobbyist for at least eight years, the equivalent of two terms in office, after they leave City Hall. Former city employees or elected officials should not be able to exert undue influence on public policy.

5. Prohibit registered lobbyists, whose primary occupation is to influence the outcome of legislation, from serving directly or indirectly through others, as fundraisers, treasurers or other campaign employees/consultants for candidates for city office.

6. Require the mayor and city council members to report offers of employment and/or negotiation of future employment with any corporation, organization or entity that has or anticipates having legislative issues pending before the city council.

Provide Greater Access to Information and Meetings

San Jose City Hall has been guarding information from the public for far too long. Other major Bay Area cities like San Francisco and Oakland make information more readily available to the public because they have passed strong sunshine laws, which are simply open-government ordinances.

Dave has already made a motion to add amendments to the campaign financing ordinance that would require full public disclosure of the use of paid campaign workers, which is not currently necessary.

As mayor of San Jose, Dave will propose adopting sunshine laws that provide greater access to information and meetings. He will hold elected officials accountable if they don't abide by the City Charter, the Municipal Code and the Brown Act.

Dave's open-government proposals will:

• Limit the reasons why documents can be kept secret
• Expand citizen access to information that helps clarify how city policies are adopted and how citizens can provide input before the city council votes on an issue
• Prohibit the city council from voting on any issue if staff reports are not released at least six days before a council meeting to provide citizens a greater opportunity to respond before a final vote is cast
• Disclose real estate appraisals used in the purchase or condemnation of property to prevent city government from attempting to take a citizen's property without fair compensation
• Require producing an official transcript of all Council closed session meetings and making that information available after a legitimate reason for secrecy has passed Require all electronic correspondence--including e-mails, voice-over-Internet and calendars of public employees and elected officials--be made available in the City Clerk's office for easier public access

To give these new provisions the "teeth" needed to assure compliance, Dave proposes establishing new criminal and civil penalties and strengthening the sanctions for violation of provisions already in effect.

According to the San Jose City Charter and Municipal Code, the mayor and city council are required to disclose material facts before the city council takes action. And the Brown Act prohibits closed door meetings for city task forces, commissions and committees.

As mayor of San Jose, Dave will hold elected officials and City employees accountable when they don't abide by the rules. He will:

• Refer possible City Charter, Municipal Code or Brown Act violations to the Ethics Commission
• Establish new criminal and civil penalties for elected officials and city employees who violate the City Charter or Municipal Code
• Work with the city council to obtain the authority to initiate termination proceedings against any city council or mayor's office employee found to violate the City Charter
• With the assistance of the city council, refer to the Santa Clara County Civil Grand Jury any violation of the Charter or any serious ethical violation to seek removal from elected office