Daly City Municipal Code Ch. 2.50 Post Employment Restrictions

A. "Agency official" means the chairperson and members of the Board of Directors of the Redevelopment Agency of Daly City, and the North San Mateo County Sanitation District.

B. "City official" means the mayor, city councilmembers, city clerk and city treasurer.

C. "Commission" means any body created by the city council or agency board whose members are required to file statements of economic interest pursuant to the Political Reform Act of 1974 as amended (Gov. Code §§ 81000 et seq.).

D. "Employee" includes all full time and part time employees of the City of Daly City, the Daly City Redevelopment Agency, and the North San Mateo County Sanitation District.

E. "Transitional services" means services involving technical or specialized knowledge required to complete a project or to provide temporary consulting services to the city or the agency.

(Ord. No. 1345, § 1, 4-13-2009)

No city official, agency official, or employee, for eighteen months after terminating city or agency office or employment may:

A. Work on any legislative or administrative matter on which the official or employee worked on behalf of the city or agency which was within the former city or agency official's or employee's area of job responsibility. This includes, but is not limited to providing advice or recommending any action with regard to a city or agency legislative or administrative matter such as a project involving land use, development, or public works. Legislative matters include city council, agency board and city board or commission actions related to ordinances, resolutions, agreements, permits or licenses.

B. Act as an agent or attorney for, or otherwise represent, any other person or party whether compensated or not, before the city council, its boards and commissions, the agency, or any department, in connection with any proceeding, application, request for ruling or other determination, contract, claim, controversy or other matter which was under his or her official responsibility as an officer or employee of the city or agency.

(Ord. No. 1345, § 1, 4-13-2009)

The prohibitions contained in this chapter shall not apply:

A. To an independent contractor of the city or agency where it has been determined that it is in the best interest of the city or agency to retain the former official or employee to provide transitional services. Such determination will be made by the person or body authorized to enter into such a contract. In such event, the city or agency will contract directly with the former official or employee.

B. To appearances or communications by former city or agency officials and employees concerning matters of a personal or individual nature, including, but not limited to, obtaining a business license.

C. To prevent a former city or agency official or employee from giving testimony under oath, or from making statements required to be made under penalty of perjury.

D. To any former city or agency official or employee who is 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.

(Ord. No. 1345, § 1, 4-13-2009)

A. At the request of a former city or agency official or employee, the city manager may waive any of the restrictions in this chapter if the city manager determines that granting a waiver would not create a potential for undue influence or unfair advantage and that such waiver is in the best interest of the city or agency and consistent with the purposes of this chapter.

B. At the request of a former city or agency official or employee, a decision by the city manager is appealable to the city council. The request for a hearing before city council must be filed with the city clerk within ten days of the date of service of the decision by the city manager. The request must contain the following information:

1. A specific description of the decision being appealed;

2. The name and address of the party requesting the hearing;

3. A concise statement from the requesting party explaining the grounds for the hearing, together with any material facts or evidence in support thereof;

4. The signature of the requesting party and the date that the request is signed;

C. As soon as practicable after receiving the request, the city clerk shall set a date for the city council to hear the matter, which date shall be not less than ten calendar days nor more than thirty calendar days from the date the appeal was filed. The city clerk shall give each party written notice of the time and the place of the hearing at least five calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the party personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his/her address shown on the request. Continuances of the hearing may be granted by the city council on request of the appellant for good cause shown, or on the city council's own motion.

D. There shall be assessed a fee at the time of the filing of the appeal of one hundred dollars, which fee will be refunded should the appellant prevail in the appeal.

E. Upon the conclusion of the hearing, the city council shall determine whether a potential for undue influence or unfair advantage exists. The city council shall adopt a resolution declaring its findings.

F. The prohibitions set forth in this chapter shall remain in full force and effect at all times, including the appeals process, unless waiver is otherwise granted.

(Ord. No. 1345, § 1, 4-13-2009)

A. The city attorney or its appointed agent may conduct inquiries or investigate complaints of violations of this chapter. The city attorney or its appointed agent may seek judicial relief to enjoin violations of or to compel compliance with the provisions of this chapter.

B. In accordance to law, each violation of the provisions of this chapter shall constitute an infraction or a misdemeanor at the discretion of the city attorney.

C. A civil action may also be brought by the city or agency 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 for each violation of this chapter.

(Ord. No. 1345, § 1, 4-13-2009)