Davis Municipal Code Art. 2.19 Restrictions on Lobbying by Former City Officials

The city desires to maintain an environment wherein each and every person has the opportunity to address the city's legislative and administrative bodies and have his or her opinion heard and considered. Further, the city desires that information obtained by city councilmembers, the city manager, city attorney, city department heads and certain city management employees be used solely for the benefit of the residents of the city and not for private financial gain. To that end and to ensure that the governmental process is fair and equitable for all who choose to participate, the city intends to prohibit lobbying by former city councilmembers and staff, as defined herein, for one year after leaving office.

(Ord. 1835 § 2)

City official

means a city councilmember, mayor, vice mayor, city manager, city attorney and the heads of the city departments.

Legislative action

means the drafting, introduction, consideration, modification, enactment, or defeat of any ordinance, resolution, amendment, report, nomination or other matter by the city council.

License, permit or other entitlement for use

means any business, professional, trade or land use license or permit, any other entitlement for use (including land use), any contract (other than competitively bid contracts) and any franchise.

(Ord. 1835 § 2; Ord. 2390 § 10, 2012; Ord. 2593 § 2, 2020; Ord. 2648 § 6, 2023)

(a) No former city official, for one year after leaving office or one year after termination of his or her service or employment with the city, shall, for compensation, act as the agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the city council, the city planning commission, any present member of the city council or planning commission, or any officer or employee of the city, if the purpose of the appearance or communication is to influence legislative or administrative action by the city, including, but not limited to, influencing any action or proceeding for any license, permit or other entitlement for use.

(b) No former city official, for one year after leaving office or one year after termination of his or her service or employment with the city, shall, for compensation, knowingly aid, counsel, advise, consult or assist any other person in connection with an appearance or communication, in relation to any case with the intent to influence legislative or administrative action by the city, including, but not limited to, influencing any action or proceeding for any license, permit or other entitlement for use.

(Ord. 1835 § 2)

The following activities are not subject to the prohibition in Section 2.19.030:

(a) Appearances or communications made by a former city official for the sole purpose of representing him or herself or any member of his or her immediate family, in his or her individual capacity in connection with any matter pending before the city.

(b) If a former city official is employed by a firm or business, appearances or communications by any other employees, officers, members or partners of the firm or business, provided that the former city official is not personally involved and does not personally participate in any way that is prohibited by this article.

(c) If a city official becomes an officer or employee of another public agency, appearances or communications made by the former city official on behalf of that other public agency in connection with any matter pending before the city.

(Ord. 1835 § 2)

Any person who knowingly or wilfully violates any provision of this article is guilty of a misdemeanor and may be punished as provided by statute upon conviction.

(Ord. 1835 § 2; Ord. 2648 § 7, 2023)