Lomita Municipal Code Ch. 5 Revolving Door Ordinance

(a) This chapter may be referred to by its title of "revolving door ordinance." It is intended to impose restrictions on activities of city council members and specified city employees or officials after their employment has ceased or term of office has expired.

(b) This chapter is designed to prohibit for a period of two years former city council members and the city manager from representing any party or engaging in lobbying activities on behalf of any party before the city council, its boards and commissions in any matter in which the former city council member or city manager participated personally and substantially during his or her term of office or employment.

(c) This chapter is also designed to prohibit or limit designated former employees from representing any party or engaging in lobbying activities on behalf of any party before the city council, its boards and commissions in any matter in which the former city councilmember, employee or official participated personally and substantially during his or her term of employment. Certain former city employees would be barred from such representation or lobbying activities whether compensated or not, for a period of one year following termination of employment or office.

(Ord. No. 721, § 1, 1-5-09)

The words and phrases listed below have the following meanings for purposes of this chapter:

(a) Administrative action means the proposal, drafting, development, consideration, amendment, enactment, or defeat by any city administrative agency of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi-legislative or quasi-judicial.

(b) City administrative agency includes the city council, the planning commission, and every city department, division, board, and commission.

(c) City employee includes the city department heads, city clerk, deputy city clerk, city engineer, director of administrative services, director of community development, assistant to the city manager, director of parks and recreation, planning manager, senior planner, associate planner, director of public works, city treasurer, each senior management analyst in the city manager's office, and other position designated by resolution of the city council.

(d) City official. Each member of the city council, Lomita Housing Authority Board, planning commission, parks and recreation commission, and public safety and traffic commission. City official also includes the city manager and city treasurer.

(e) Judicial, quasi-judicial, or other proceeding. Any proceeding, application, request for ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties in which the city is a party or has a direct and substantial interest.

(f) Legislative action means the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by a city administrative agency (or any of its members, committees, subcommittees or employees acting in their official capacities).

(g) Lobbyist. Any individual or entity employed, retained or otherwise engaged for compensation to communicate with or appear before any elected or appointed official, any officer or employee or any task force, committee, board, commission or other body of the city for the purpose of influencing any legislative or administrative action.

(h) Participated. To have taken part personally and substantially through decision, approval, disapproval, formal written recommendation, rendering advice on a substantial basis, investigation, or other official or assigned duty during the city official's or employee's term of office or employment. A city official's recusal from voting on a matter on the basis of a conflict of interest does not constitute participation for purposes of this chapter.

(Ord. No. 721, § 1, 1-5-09; Ord. No. 755, § 3, 3-18-13; Ord. No. 799, § 4, 10-16-18)

(a) No former city employee, within one (1) year after his or her employment has ceased, may act as agent or representative for or otherwise represent any other person (except the city) before any city administrative agency, or officers or employees thereof, whether compensated or not, by making any formal or informal appearance, or by making any oral or written communication, with the intent to influence, in connection with any judicial, quasi-judicial, or other proceeding if the proceeding concerns a matter in which the former city employee participated.

(b) Reserved.

(c) No former city employee, within one (1) year after his or her employment has ceased may aid, advise, counsel, consult, or assist in representing any other person (except the city), whether compensated or not, in any proceeding in which the city employee would be prohibited from appearing under subsection (a).

(d) No former city employee, within one (1) year after his or her employment has ceased, may act for compensation as an agent, representative, or attorney for, or otherwise represent, any other person (except the city) before any city administrative agency, or officers and employees thereof, by making any formal or informal appearance or by making any oral or written communication, with the intent to influence, in connection with any judicial, quasi-judicial, or other proceeding if the city is a party or has a direct and substantial interest.

(Ord. No. 721, § 1, 1-5-09)

(a) No former member of the city council or city manager shall serve as a lobbyist with respect to the city within two (2) years of leaving office. No former city official, within two (2) years after his or her office holding has ceased may act as agent, representative, or attorney for, or otherwise represent any other person (except the city), for compensation, before any city administrative agency, officers, employees, or departments by making any formal or informal appearance, or by making any oral or written communication, with the intent to influence, in connection with any judicial, quasi-judicial, or other proceeding in which the former city official participated while in office.

(b) No former city official, within two (2) years after his or her term of office has ceased may aid, advise, counsel, consult, or assist in representing any other person (except the city), for compensation, in any proceeding in which the official would be prohibited from appearing under subsection (a).

(c) No former city official, within two years after his or her office holding has ceased may act as an agent, representative, or attorney for, or otherwise represent, any other person (except the city), for compensation, before the body on which such official served by making any formal or informal appearance or by making any oral or written communication, with the intent to influence such body.

(Ord. No. 721, § 1, 1-5-09)

The prohibitions contained in sections 2-5.030 and 2-5.040 do not apply as follows:

(a) To appearances or communications by former city employees or city officials concerning matters of a personal or individual nature, such as obtaining a business license;

(b) To prevent a former city employee or city official from making or providing a statement based upon the former city employee's or city official'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;

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

(Ord. No. 721, § 1, 1-5-09)

The requirements imposed by this chapter do not apply to any person whose employment or term of office terminates prior to the effective date of this chapter, except that any such person who returns to employment or office with the city on or after the effective date of the ordinance codified in this chapter will thereafter be covered thereby.

(Ord. No. 721, § 1, 1-5-09)

If a former city employee or city official violates any provision of this chapter, such violation or violations is adequate grounds for the city to disapprove any contract, approval, permits, or other transaction which was related to any such violation.

(Ord. No. 721, § 1, 1-5-09)

(a) Each violation of the provisions of this Chapter constitutes 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 for each violation of this chapter.

(Ord. No. 721, § 1, 1-5-09)