Santa Clara County Municipal Code Ch. X Former County Employees

The definitions set forth herein shall govern the interpretation of this chapter, unless the context requires otherwise:

(a) County administrative agency means every County office, department, division, bureau, board and commission, but does not include the Board of Supervisors, the courts or any agency in the judicial branch of government.

(b) County administrative officer means every member, officer, employee or consultant of a County administrative agency who, as part of his or her official responsibilities, engages in any administrative action in other than a purely clerical, secretarial or ministerial capacity.

(c) Judicial, quasi-judicial or other proceeding means any proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties in any court or state or County administrative agency.

(d) Participated means to have taken part personally and substantially through decision, approval, disapproval, formal written recommendation, rendering advice on a substantial basis, investigation or use of confidential information as an employee, but excluding rendering of legal advisory opinions to departmental or agency staff which do not involve a specific party or parties.

(Ord. No. NS-300.309, § 1, 4-22-80)

(a) No former County employee, after the termination of his or her employment, shall act as agent or attorney for, or otherwise represent for compensation, any person or entity other than the County of Santa Clara or another government entity before any court or County administrative agency or any officer or employee thereof by making any formal or informal appearance, or making any oral or written communication with the intent to influence, in connection with any judicial, quasi-judicial or other proceeding, if:

(1) The County of Santa Clara is a party or has a direct and substantial interest; and

(2) The subject of the proceeding is one in which the former County employee participated.

(b) No former County employee, after the termination of his or her employment, shall act as agent or attorney for, or otherwise represent for compensation, any person or entity other than the County of Santa Clara or another government entity before any court or County administrative agency or any officer or employee thereof by making any formal or informal appearance, or making any oral or written communication with the intent to influence in connection with any judicial, quasi-judicial or other proceeding if:

(1) The County of Santa Clara is a party or has a direct and substantial interest; and

(2) If the subject of the proceeding is one which was actually pending under his or her official responsibility as an employee within a period of one year prior to the termination of his or her employment with the County of Santa Clara, but this provision shall not apply to those matters which are performed in a purely routine capacity; and

(3) Less than one year has elapsed since the termination of the former County employee's employment.

(c) No former County employee, after the termination of his or her employment shall, for compensation, aid, advise, counsel, consult or assist in representing any person or entity other than the County of Santa Clara or another government entity in any proceeding in which the employee would be prohibited from appearing under Subsection (a) or Subsection (b).

(Ord. No. NS-300.309, § 1, 4-22-80; Ord. No. NS-300.469, 12-11-90)

The prohibitions contained in Section A25-801 shall not apply to prevent a former County employee from making or providing a statement, which is based on the former County employee'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.

(Ord. No. NS-300.309, § 1, 4-22-80)

Upon the petition of any interested person or party, the court or the presiding or other officer, including but not limited to a hearing officer serving pursuant to Government Code § 11512 in any judicial or quasi-judicial proceeding, may, after notice and an opportunity for a hearing, exclude any person found to be in violation of this chapter from further participation, or from assisting or counseling any other participant, in the proceeding then pending before such court or presiding or other officer.

(Ord. No. NS-300.309, § 1, 4-22-80)

The requirements imposed by this chapter shall not apply to any person who left County employment prior to the effective date of this chapter, except that any such person who returns to County employment on or after the effective date of this chapter shall thereafter be covered thereby.

(Ord. No. NS-300.309, § 1, 4-22-80)