Hawthorne Municipal Code Ch. 2.60 Restrictions Pertaining to Former City Officials

The city council finds that one of the ways to attract businesses, residents and talented people to the city is to assure the public that its government is respected for its honesty and integrity and that its decisions are made on the merits and not tainted by actual or potential conflict of interest. The city council finds that injury to these goals can occur when city officers and other high ranking employees, upon leaving office or employment, attempt to use that former position for compensation on behalf of private persons and entities in matters pending before the city. In enacting this chapter, the city council finds it necessary to impose reasonable restrictions on the ability of former officers and employees to influence the city, or its current officers and employees, for compensation on behalf of other persons and entities so as to avoid appearances of conflicts of interest.

(Ord. 1759 § 1, 2002; Ord. 1799 § 1, 2004)

The following words and phrases shall have the following meanings for purposes of this chapter.

"City administrative body"

means every city and redevelopment agency commission, committee and subcommittee, and every city and redevelopment agency office, administrative group, division, and department.

"City legislative body"

shall mean the city council and the redevelopment agency.

"City official"

means any elected official of the city, any member of any city commission, every division manager, every department director and every officer or employee of the city or redevelopment agency who is required to file a statement of economic interests pursuant to the city's or redevelopment agency's conflict of interest code.

"City proceeding"

means any city administrative body or city legislative body process or activity to review, act upon or make any recommendation upon an application or request to grant city or redevelopment agency approval or action on any ordinance, rule, regulation, permit, subdivision map, license, franchise, grant, loan, contract, or any amendment or modification thereto.

"Participated"

means to have taken part personally and substantially, during the city official's term of office or employment, in the approval, disapproval, formal written recommendation, rendering advice, investigation, or otherwise in any city proceeding except those city proceedings that exclusively involve the exercise of the city's legislative power to adopt an ordinance, rule or regulation. A city official's abstention from voting on a matter on the basis of a conflict of interest shall not constitute participation hereunder.

"Person"

includes and means any person, firm, association, organization, partnership, business trust, company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the city.

"Redevelopment agency"

means the community redevelopment agency of the city.

(Ord. 1759 § 1, 2002; Ord. 1799 § 1, 2004)

A. Permanent Ban on Certain Activities. No former city official shall, for compensation, act as agent, representative, attorney or otherwise represent any person before any city administrative body, city legislative body, or officers or employees thereof, by making any formal or informal appearance, or by making any oral or written communication, if: (i) the appearance or communication is for the purpose of affecting or influencing any city proceeding; and (ii) the matter is one in which the former city official participated as an officer or employee of the city or redevelopment agency.

B. One-Year General Ban. No former city official shall, for one year after leaving office or employment, act as agent, representative, attorney or otherwise represent any person for compensation, before any city administrative body, city legislative body, or officers or employees thereof, by making any formal or informal appearance, or by making any oral or written communication, if the appearance or communication is for the purpose of affecting or influencing any city proceeding.

C. Restriction on Assistance in Representation. No former city official shall, for compensation, aid, advise, counsel, consult, or assist in representing any other person (except the city or the redevelopment agency) in any city proceeding in which the former city official would be prohibited from appearing under subsection A or B of this section.

D. Exceptions. The prohibitions contained in subsections A, B and C of this section shall not apply to:

1. Appearances or communications by former city officials concerning matters of a personal nature, such as obtaining a business license on their own behalf;

2. Appearances or communications by former city officials at the request of, or on behalf of, the city or the redevelopment agency; and

3. Prevent a former city employee or official from giving testimony to or under oath, or from making statements required to be made under penalty of perjury, to any court.

(Ord. 1759 § 1, 2002; Ord. 1799 § 1, 2004)

The requirements imposed by this chapter shall apply to:

A. Any city official employed or holding office on or after the effective date of this chapter; and

B. Any city official whose employment or term of office ended less than one year prior to the effective date of the ordinance codified in this chapter, except that nothing contained in this chapter shall prohibit or apply to appearances or communications by such former city official pursuant to a written contract entered into prior to the effective date of said ordinance.

(Ord. 1759 § 1, 2002; Ord. 1799 § 1, 2004)