09/14/2026
San Jose may bar officials from signing nondisclosure agreements
As community distrust of data centers grows, San Jose is considering banning councilmembers from signing confidentiality agreements that bind them from publicly discussing development projects.
The Rules and Open Government Committee on Wednesday unanimously voted to have the city manager create a policy to ensure transparency with developments, including data centers. The committee — comprised of five members of the City Council — wants to establish a process to review proprietary information from companies without requiring officials to sign nondisclosure agreements (NDA).
The policy is expected to return to the committee next week or by the end of the the month, depending on how long it takes for staff to draft it.
“Councilmembers work for the public, not for private companies, and no company seeking city approval should be able to determine what an elected representative can tell the people they serve,” District 5 Councilmember Peter Ortiz, one of the lead authors of the memo, told San José Spotlight. “When City Hall is considering major developments, infrastructure, data centers or other projects that could shape San Jose for decades, the public deserves transparency.”
https://sanjosespotlight.com/san-jose-may-bar-officials-from-signing-nondisclosure-agreements/