Newark Municipal Code Ch. 2.34 Prohibitions on Former City Officials and Former Designated City Employees

It is the purpose and intent of the city council to assure the impartiality and independence of city officials and employees in making governmental decisions and to avoid any perceptions of unfair advantage and to prohibit inappropriate influence of former public officials and certain former designated city employees on the current decision making process.

(Ord. 346 § 1 (part), 1998)

For the purposes of this chapter, the terms below shall have the following meaning:

A. "City official" means the mayor, city councilmembers, members of the redevelopment agency board, and members of the economic development corporation board.

B. "Commission" means any body created by the city council whose members are required to file statements of economic interest pursuant to the Fair Political Practices Act.

C. "Designated city employee" means the city manager, city attorney, department heads, and employees who are required to file statements of economic interest pursuant to the Fair Political Practices Act.

D. "Nonprofit organization" means an entity which would qualify as such under the United States Internal Revenue Code.

E. "Work" means any activity for which compensation is received from any source, including compensation received as an independent contractor. Work includes the supervision or direction of others.

(Ord. 346 § 1 (part), 1998)

For a period of one year after leaving office no member of the city council, a city commission, the redevelopment agency, or the economic development corporation shall, for compensation, act as agent or attorney for or otherwise represent any other person by making a formal or informal appearance, or by making any oral or written communication, before the city council, city commission, redevelopment agency, economic development corporation, or any officer or employee of the city of Newark, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, entitlement or contract, or the sale or purchase of goods, services, or property.

(Ord. 346 § 1 (part), 1998)

For a period of one year after leaving office or employment, no designated city employee of the city of Newark who holds a position which entails the making, or participation in the making, of decisions which may foreseeably have a material affect on any financial interest, shall, for compensation, act as agent or attorney for, or otherwise represent any other person, by making a formal or informal appearance, or by making any oral or written communication, before the city council, city commission, the redevelopment agency, and the economic development corporation, or any officer or employee of the city of Newark, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, entitlement or contract, or the sale or purchase of goods, services, or property. The prohibition of this paragraph shall not apply to employees whose duties are purely clerical, secretarial or ministerial.

(Ord. 346 § 1 (part), 1998)

The following activities shall not be subject to the prohibitions in Sections 2.34.030 or 2.34.040:

A. Volunteering for a nonprofit organization;

B. Working as an employee of another governmental entity;

C. Working as an independent contractor or consultant of the city where it has been determined that it is in the best interest of the city to retain the former official. The city council or the city manager shall make such a determination;

D. Appearing on behalf of the former city official's or former commission member's sole personal interest.

(Ord. 346 § 1 (part), 1998)

A. The requirements imposed by this chapter shall apply to every person serving as a member of the city council, city commission, redevelopment agency, economic development corporation, or as a designated employee of the city of Newark on or before the effective date of this chapter.

B. The requirements imposed by this chapter shall not apply to any person who left city service whether as an employee or member of the city council or commission prior to the effective date of this chapter, except that any such person who returns to city service on or after the effective date of this chapter shall thereafter be covered thereby.

C. The provisions of this chapter shall not apply to prevent a former city official from testifying as a witness in any legal proceeding.

(Ord. 346 § 1 (part), 1998)

The city council may waive the above prohibitions if upon full disclosure of the facts concerning the proposed activity, the council finds that such waiver is in the best interest of the city and that the waiver is not inconsistent with the purposes of this chapter.

(Ord. 346 § 1 (part), 1998)

If any section, subsection, sentence, clause or phrase, or if this chapter is held for any reason to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter. The city council declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional and if for any reason this chapter should be declared invalid or unconstitutional, then the original chapter shall be in full force and effect.

(Ord. 346 § 1 (part), 1998)