...Title
Council Transparency and Private Non-Disclosure Agreements. (Ortiz, Campos, Cohen, Candelas, and Casey)
...Recommendations
Direct the City Manager’s Office, in coordination with the City Attorney’s Office and the City Clerk's Office, to evaluate and return to the City Council with policy options that would:
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.
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.