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San Jose Council votes to disclose members'private records, incomes

By Monica Heger

Disclosure is now the mandate, after a heated debate pitting the merits of open government against a council member's private life.

San Jose City Council members voted 7-4 to require more extensive disclosure of their actions. Council members Linda LeZotte, Judy Chirco, Dave Cortese and Madison Nguyen voted against the ordinance.

The ordinance will require council members to report on a quarterly basis any time spent on services unrelated to council duties and any extra earned income. Under the current law, council members are required to report any earned income of more than $500 from a single source, such as their own business. Under the new ordinance, council members will also have to report earnings from individual clients if payment exceeds $5,000 or more. The intent of the ordinance is to better identify potential conflicts of interest and to understand how a council member is spending his or her time outside of the office.

Councilman Ken Yeager said this ordinance was necessary for a council that has spent so much time discussing sunshine laws and openness. He said it was a fair requirement given the disclosure the council requires from lobbyists and companies who do business with the city.

"I think the public has a right to know," Yeager said.

LeZotte questioned the merits of the ordinance, saying it was unnecessary and an invasion of a council member's life outside the office.

"[The ordinance] is an affront to democracy and an embarrassment to anyone who supports it," LeZotte said. "All the controversies and black eyes this council has seen over the last eight years have not come from outside work."

LeZotte also believed the ordinance would discourage qualified candidates from running for office, particularly small business owners.

Chirco proposed sending the ordinance to the sunshine reform task force.

Her motion failed 5-6 with Mayor Ron Gonzales, Vice Mayor Cindy Chavez, Yeager, and council members Forrest Williams, Nancy Pyle and Nora Campos voting against it.

"It's fair," Williams said of the ordinance.

"If we want everyone else to disclose, then we should disclose," he said.