CHAPTER 29. POST-EMPLOYMENT RESTRICTIONS
1-29-1000 RESERVED:
(Added by Ord. No. 3455, effective 1-16-13)
1-29-1005 DEFINITIONS:
For the purpose of this chapter, the following definitions shall apply:
a. "Administrative action" means the proposal, drafting, development, consideration, amendment, enactment, or defeat by the county 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.
b. "Legislative action" means the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by the board of supervisors or by any committee or subcommittee thereof, or by a member of the board of supervisors acting in his or her official capacity.
c. "Person" shall mean any individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.
(Added by Ord. No. 3455, effective 1-16-13)
1-29-1010 POST-EMPLOYMENT RESTRICTIONS AND PROHIBITIONS REGARDING REPRESENTATION, APPEARANCE OR COMMUNICATION:
A. Any County official required to file a Statement of Economic Interests (Form 700) shall not act as agent or attorney for or otherwise represent any other person for compensation, by making any formal or informal appearance or by making any oral or written communication before the County of Tulare or any officer or employee of the County of Tulare, if the appearance is made for the purpose of influencing any administrative or legislative 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, for a period of one year after the termination of his or her employment with the County, if:
1. The County of Tulare is a party or has a direct and substantial interest;
2. The subject of the proceeding is one in which the former County employee participated; or
3. Which involved a specific party or parties at the time of such participation.
B. Subsection A shall not apply to any individual who is at the time of the appearance or communication a board member, officer, or employee of a local government agency or an employee or representative of any other public agency or an employee or representative of any other public agency and is appearing or communicating on behalf of that agency.
(Added by Ord. No. 3455, effective 1-16-13)
1-29-1015 POST-EMPLOYMENT RESTRICTIONS AND PROHIBITIONS REGARDING AID, ADVICE OR COUNSEL:
Any County Employee required to file a Statement of Economic Interests (Form 700) shall not aid, advise, counsel, consult or assist any other person for compensation regarding an appearance or communication from which the official or former County employee would be prohibited under Section 1-29-1010, for a period of one year after leaving that office or employment.
(Added by Ord. No. 3455, effective 1-16-13)
1-29-1020 EXCEPTION FOR TESTIMONY:
The prohibitions contained herein shall not apply to prevent a former County employee from making or providing a statement, which is based on the former County employee’s own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received other than that regularly provided for by law or regulation for witnesses.
(Added by Ord. No. 3455, effective 1-16-13)
1-29-1025 WAIVER:
A. At the request of a current or former County employee or officer, the Board of Supervisors may waive any of the restrictions in Sections 1-29-1010 and 1-29-1015 if the Board of Supervisors determines any of the following:
1. That granting a waiver would not create the potential for undue influence or unfair advantage;
2. For members of County boards and commissions who, by law, must be appointed to represent any profession, trade, business union or association; or
3. That imposing the restriction would cause extreme hardship for the employee.
B. The Board of Supervisors may adopt regulations implementing these waiver provisions.
(Added by Ord. No. 3455, effective 1-16-13)