§ 87406.3. — 87406.3. (Amended by Stats. 2021, Ch. 50, Sec. 213.)

California § 87406.3.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Title 9.: TITLE 9. POLITICAL REFORM
• Ch. 7.: CHAPTER 7. Conflicts of Interest
• Art. 4.: ARTICLE 4. Disqualification of Former Officers and Employees

Text

(a)
A local elected official, chief administrative officer of a county, city manager, or general manager or chief administrator of a special district who held a position with a local government agency as defined in Section 82041 shall not, for a period of one year after leaving that office or employment, act as agent or attorney for, or otherwise represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, that local government agency, or any committee, subcommittee, or present member of that local government agency, or any officer or employee of the local government agency, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.
(b)
(1)
Subdivision (a) does not apply to an individual who is, at the time of the appearance or communication, a board member, officer, or employee of another local government agency or an employee or representative of a public agency and is appearing or communicating on behalf of that agency.
(2)
Subdivision (a) applies to an individual who is, at the time of the appearance or communication, an independent contractor of a local government agency or a public agency and is appearing or communicating on behalf of that agency.
(c)
This section does not preclude a local government agency from adopting an ordinance or policy that restricts the appearance of a former
local official before that local government agency if that ordinance or policy is more restrictive than subdivision (a).
(d)
Notwithstanding Sections 82002 and 82037, the following definitions apply for purposes of this section only:
(1)
“Administrative action” means the proposal, drafting, development, consideration, amendment, enactment, or defeat by any local government agency of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi-legislative or quasi-judicial. Administrative action does not include any action that is solely ministerial.
(2)
“Legislative action” means the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by the legislative body of a local
government agency or by any committee or subcommittee thereof, or by a member or employee of the legislative body of the local government agency acting in the member or employee’s official capacity.

Legislative History

Amended by Stats. 2021, Ch. 50, Sec. 213. (AB 378) Effective January 1, 2022.