Chapter 2.07 — REVOLVING DOOR RESTRICTIONS

Sections: 2.07.010 Purpose. 2.07.020 Definitions. 2.07.030 Prohibitions. 2.07.040 Prohibition for Former Commission Members. 2.07.050 Exceptions. 2.07.060 Applicability. 2.07.070 Waiver. 2.07.080 Enforcement. 2.07.090 Penalties.

The purposes of this Chapter are:

A. To assure the independence, impartiality and integrity of City officials and employees in making governmental actions and decisions.

B. To prevent such former officials and employees from using their positions with the City for personal gain.

C. To prevent private for-profit business entities from obtaining a perceived unfair advantage in dealing with the City by hiring former officials and employees. (Ord. 7629-NS § 3 (part), 2018; Ord. 7476-NS § 1 (part), 2016)

For purposes of this Chapter, the terms below shall have the following meaning:

A. "City official" shall mean the Mayor and City Councilmembers.

B. "Commission" shall mean anybody created by the City Council or City Charter whose members are required to file statements of economic interest pursuant to the Fair Political Practices Act.

C. "Employee" shall have the same meaning as set out in Title 20 of the Code of Federal Regulations § 404.1007(b).

D. "Lobby" shall mean any activity which requires registration as a lobbyist pursuant to Chapter 2.09 of this Code.

E. "Nonprofit organization" shall mean an entity that would qualify as such under the Federal Internal Revenue Code.

F. "Transitional services" shall mean services involving technical or specialized knowledge required to complete a project or to provide temporary consulting services to the City.

G. "Work" shall mean 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 performing work, except as provided in Section 2.07.050. Work for the City also includes any action of any sort whatsoever taken in one’s official capacity. Service by a City official or employee on any type of board, committee or similar body as a representative of the City is deemed to be work for the City. (Ord. 7629-NS § 3 (part), 2018; Ord. 7476-NS § 1 (part), 2016)

For twenty-four (24) months immediately following the termination of City office or employment, no former City official or employee shall:

A. Lobby the City Council or any board, commission or City staff on any issue or matter that was within that official’s or employee’s area of responsibility at the City of Berkeley during the twenty-four (24) months prior to their termination of service.

B. Represent anyone else for compensation, before the City Council, or any City commission or board, or any staff of the City.

A prohibition period of twelve (12) months shall apply to former city officials or employees who left city employment before January 1, 2019. (Ord. 7629-NS § 3 (part), 2018; Ord. 7476-NS § 1 (part), 2016)

A former member of a commission shall not lobby the commission on which the former member served, for a period of twenty-four (24) months immediately following the termination of service on that commission. No other provisions of this Chapter shall apply to persons serving on a commission who are not otherwise City officials or employees. (Ord. 7629-NS § 3 (part), 2018; Ord. 7476-NS § 1 (part), 2016)

The prohibition on lobbying in Section 2.07.030 shall not apply to former City officials or employees who are: employees or volunteers of a nonprofit organization, as defined in Section 2.07.020.E, so long as they are acting in that capacity; employees or elected officials of other government entities so long as they are acting in that capacity; or independent contractors of the City where it has been determined that it is in the best interest of the City to retain the former City official or employee to provide transitional services. Such determination shall be made by the person or body authorized to enter into such a contract. In such event, the City shall contract directly with the former City official or employee. The rate of compensation for such services shall not exceed the former City official’s or employee’s rate of pay, including benefits, at the time City service terminated. (Ord. 7629-NS § 3 (part), 2018; Ord. 7476-NS § 1 (part), 2016)

A. The provisions of this Chapter shall not apply to prevent a former City official or employee from testifying as a percipient witness in any legal proceeding.

B. The provisions of this Chapter shall not apply to prevent a former City official or employee from working as a supervisor of a person or persons performing work that would be prohibited by this Chapter if performed by that former employee, so long as the supervisor is screened from any personal participation in the work and receives no part of the fee therefrom.

C. This Chapter shall not apply to former City officials or employees who had contracted to perform work prohibited by Section 2.07.030 prior to March 29, 2016, or to such work performed prior to that date. However such former City officials or employees shall take reasonable steps to cease performing such work, and shall cease it no later than September 29, 2016. (Ord. 7629-NS § 3 (part), 2018; Ord. 7476-NS § 1 (part), 2016)

The City Council may waive the prohibitions of Section 2.07.030, upon full disclosure of the facts surrounding the proposed activity, if the Council finds that such waiver is in the best interest of the City and that such waiver is not inconsistent with the purposes of this Chapter. (Ord. 7629-NS § 3 (part), 2018; Ord. 7476-NS § 1 (part), 2016)

A. The City Attorney may conduct inquiries or investigate complaints of violations of this Chapter. The City Attorney may seek judicial or injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this Chapter.

B. A City official, employee or person who is subject to the provisions of this Chapter may request a formal written opinion from the City Attorney and may reasonably rely on such advice in order to comply with the requirements of this Chapter. Before such opinion is rendered, such official or employee shall fully cooperate with the City Attorney in disclosing facts and information in order to prepare the formal opinion.

C. Any person may file a complaint with the City Clerk alleging a violation of this Chapter.

D. The City Attorney may put persons on notice of a potential violation of this Chapter, whether or not a complaint is filed with the City Clerk.

E. Any resident of the City may bring a private action for injunctive relief and penalties to prevent or remedy a violation of this Chapter. No action may be brought under this Section unless and until the prospective plaintiff has given the City and the prospective defendant at least 30 days written notice of the alleged violation and the City has failed to initiate proceedings under this Chapter within that period, or after initiation, has failed to diligently prosecute. In any action prosecuted under this subdivision a prevailing plaintiff may recover reasonable attorneys’ fees. (Ord. 7629-NS § 3 (part), 2018; Ord. 7476-NS § 1 (part), 2016)

Violations of this Chapter may result in civil penalties of up to Five Thousand Dollars ($5,000) for each violation. The City of Berkeley shall be entitled to recover from any former City official or employee the monetary value of any compensation or thing of value provided to such person in violation of the provisions of this Chapter. (Ord. 7629-NS § 3 (part), 2018; Ord. 7476-NS § 1 (part), 2016)