Chapter 2.40
PROHIBITIONS ON FORMER CITY OFFICIALS AND ON DESIGNATED FORMER EMPLOYEES
Sections:
2.40.030 Prohibitions for former city officials.
2.40.040 Prohibition for former board and/or commission members.
2.40.050 Prohibitions for designated employees.
2.40.010 Purpose and intent.
It is the purpose and intent of the city council to:
(a) Assure the impartiality and independence of city officials and designated employees in making governmental decisions and to avoid any perceptions of unfair advantage.
(b) Prohibit inappropriate influence of former public officials and designated former employees on the current decision making process.
(c) Discourage private for-profit businesses or nonprofit agencies from hiring former officials or designated employees with the intent of influencing current employees and decisions. (Ord. 2267 § 1, 10-21-97; Ord. 2329 § 1, 4-13-99. 1990 Code § 2-10000.)
2.40.020 Definitions.
For the purposes of this chapter, the terms below shall have the following meaning:
(a) “City official” means the mayor, city councilmembers, city manager and city attorney of the city of Fremont. “City official” shall also mean a member of the city redevelopment agency board.
(b) “Commission” means any body created by the city council whose members are required to file statements of economic interest pursuant to the Political Reform Act of 1974 or the city’s conflict of interest code.
(c) “Nonprofit organization” means an entity which would qualify as such under the Federal Internal Revenue Code.
(d) “Work” means any activity for which compensation is received from any source, including compensation received as an independent contractor. “Work” includes the supervision or direction of others.
(e) “Designated employee” means any former employee of the city of Fremont whose position or classification has been designated by resolution of the city council as being covered by the provisions of this chapter. This term also includes any former employee whose former position or classification has been created or renamed following the city council’s last designation in those cases where the city manager so directs.
(f) “Financial interest” has the same meaning as that stated in Cal. Gov’t Code § 87103 as that section exists and may be amended from time to time. (Ord. 2267 § 1, 10-21-97; Ord. 2329 § 1, 4-13-99. 1990 Code § 2-10001.)
2.40.030 Prohibitions for former city officials.
For one year immediately following the date of termination of city office or employment, no former city official shall:
(a) Work on any matter on which the city official performed services on behalf of the city during the 12 months immediately preceding the date of termination of service;
(b) Represent any person or entity, before the city council, redevelopment agency board, any committee, subcommittee or present member thereof, any city commission or any staff or employee of the city or agency, on a matter for which the city official has or will receive compensation or otherwise has a financial interest. (Ord. 2267 § 1, 10-21-97; Ord. 15-2009 § 2, 7-7-09. 1990 Code § 2-10002.)
2.40.040 Prohibition for former board and/or commission members.
For one year following the date of termination of commission service, a former commission member shall not represent any person or entity before the commission on which the former member served on a matter for which the former commission member has or will receive compensation or otherwise has a financial interest. (Ord. 2267 § 1, 10-21-97; Ord. 2329 § 1, 4-13-99. 1990 Code § 2-10003.)
2.40.050 Prohibitions for designated employees.
For one year immediately following the date of termination of employment, no designated employee shall:
(a) Work on any matter on which the designated employee performed services on behalf of the city during the 12 months immediately preceding the date of termination of service.
(b) Represent any person or entity, before the city council, redevelopment agency board, any city commission or any staff or employee of the city or agency, on a matter on which the designated employee worked for the city and for which representation the designated employee has received or will receive compensation or otherwise has a financial interest.
(c) Represent any person or entity, before an agency or department of the city for which the designated employee worked or over which the designated employee had authority, if the designated employee has received or will receive compensation for such representation or otherwise has a financial interest. (Ord. 2329 § 1, 4-13-99. 1990 Code § 2-10004.)
2.40.060 Exceptions.
The following activities shall not be subject to the prohibitions in Section 2.40.030, 2.40.040 or 2.40.050:
(a) Volunteering for a nonprofit organization.
(b) Working as a board member, officer or employee of another local governmental agency or as an employee or representative of a public agency at the time of an appearance or communication on behalf of that agency.
(c) Working as an independent contractor or consultant of the city where it has been determined that it is in the best interest of the city to retain the former official or designated employee. The city council or the city manager shall make such a determination.
(d) Appearing on behalf of the former city official’s designated former employee or former commission member’s sole personal interest. (Ord. 2267 § 1, 10-21-97; Ord. 2329 § 1, 4-13-99; Ord. 15-2009 § 3, 7-7-09. 1990 Code § 2-10005.)
2.40.070 Applicability.
The provisions of this chapter shall not apply to prevent a former city official or designated employee from testifying as a witness in any legal proceeding. (Ord. 2267 § 1, 10-21-97; Ord. 2329 § 1, 4-13-99. 1990 Code § 2-10006.)
2.40.080 Waiver.
The city council or city manager may waive the above prohibitions if, upon full disclosure of the facts concerning the proposed activity, the council or city manager finds that such waiver is in the best interest of the city and that the waiver is not inconsistent with the purposes of this chapter; except, however, neither the city council nor the city manager may waive the prohibitions set forth in Section 2.40.030. (Ord. 2267 § 1, 10-21-97; Ord. 2329 § 1, 4-13-99; Ord. 15-2009 § 4, 7-7-09. 1990 Code § 2-10007.)
2.40.090 Sanctions.
In addition to any other remedy provided by law, the following sanctions shall also apply to any violations of this chapter where appropriate:
(a) Upon the petition of any person, a court or the presiding officer of any proceeding shall, after providing notice and an opportunity for hearing, exclude any person found to be in violation from further participation, including assisting or counseling any other participant, in the matter then pending before such court or body.
(b) The city shall be entitled to recover from any former city official, former commissioner, board member or designated employee the monetary value of any compensation provided to such person for activities found to be in violation of this chapter.
(c) Knowing and willful violation of the provisions of this chapter shall constitute an infraction. (Ord. 2267 § 1, 10-21-97; Ord. 2329 § 1, 4-13-99. 1990 Code § 2-10008.)