Burbank Municipal Code Div. 2 Restrictions on Former City

2-1-1620: DEFINITIONS:

For the purposes of this article, the following definitions shall apply:

APPOINTEE: Park, Recreation and Community Services Board members, Transportation Commission members, Board of Building and Fire Code Appeals members, and Airport Authority commissioners.

CITY OFFICIAL: City Council members, the City Clerk, the City Treasurer, and Planning Commission members.

HIGH LEVEL EMPLOYEE: Those employees holding the following City positions: City Manager, Assistant City Manager, Deputy City Manager, City Attorney, Chief Assistant City Attorney, Community Development Director, Chief Assistant Community Development Director, Police Chief, Fire Chief, Public Service Department General Manager, Public Service Department Assistant General Manager, Parks and Recreation Director, Deputy Director of the Parks and Recreation Department, Public Works Director, Assistant Public Works Director, Management Services Director, Financial Services Director, Library Services Director, and Information Systems General Manager. Any change in titles of the employee positions subject to this article shall automatically be incorporated herein.

PARTICIPATED: To have taken part personally and substantially, as an official, high level employee, or appointee, through decision, approval, disapproval, recommendation, the rendering of advice on a substantial basis, or investigation. A City official’s or appointee’s refusal from voting on a matter on the basis of a conflict of interest shall not constitute participation hereunder. [Added by Ord. No. 3516; amended by Ord. No. 25-4,028, eff. 7/25/25; 22-3,983.]

2-1-1621: ONE YEAR REPRESENTATION BAN FOR CITY OFFICIALS:

No former City official, for a period of one year after leaving City office, shall, for compensation, appear as a representative for any person (other than the City), before the City Council or any City board, commission, officer, or employee, in connection with any proceeding, application, request for ruling or other determination, claim, controversy, permit, license, grant, contract or the sale or purchase of goods or property. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1622: ONE YEAR REPRESENTATION BAN FOR HIGH LEVEL EMPLOYEES AND APPOINTEES IF THEY PARTICIPATED IN MATTER:

A. No former City high level employee or appointee, for a period of one year after leaving City service, shall, for compensation, appear as a representative for any person (other than the City), before the City Council or any City board, commission, officer, or employee, in connection with any proceeding, application, request for ruling or other determination, claim, controversy, permit, license, grant, contract or the sale or purchase of goods or property, if the former City high level employee or appointee participated in the matter. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1623: EXEMPTIONS:

The prohibitions contained in Sections 2-1-1621 and 2-1-1622 of this article shall not apply:

A. To prevent any former City official, high level employee, or appointee from representing themselves, or any member of their immediate family, in their individual capacities, in connection with any matter pending before the City Council or any City board, commission, officer, or employee;

B. To prevent any former City official, high level employee or appointee who is or becomes an officer or employee of another government agency from making an appearance or communication before the City Council or any City board, commission, officer, or employee for the purpose of influencing action on behalf of such government agency;

C. To prevent a former City official, high level employee or appointee who is an attorney from serving as a representative of a defendant in a criminal proceeding, where the offense(s) for which such representation is made occurred at least three (3) months following termination of the official, high level employee, or appointee’s service with the City;

D. To prevent a former City official, high level employee, or appointee from making or providing a statement based upon the former official, employee, or appointee’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;

E. To prevent a former City official, high level employee or appointee from giving testimony under oath, or from making statements required to be made under penalty of perjury. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1624: APPLICATION:

This article shall apply to all City officials, high level employees, and appointees who leave City office or employment on or after the effective date of this article. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1625: DISAPPROVAL OF TRANSACTIONS:

If a former City official, high level employee or appointee violates any provisions of this article, such violation or violations shall be adequate grounds for the City to disapprove any contract, approval, permits, or other transaction that was related to any such violation. [Added by Ord. No. 3516, eff. 6/5/99.]

2-1-1626: CRIMINAL AND CIVIL PENALTIES:

A. Each violation of the provisions of this article shall constitute a misdemeanor.

B. A civil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a civil penalty of up to five hundred dollars ($500.00) for each violation of this article. [Added by Ord. No. 3516, eff. 6/5/99.]