§ 2.25.050. Leaving public service "revolving door" restrictions.

A.

Permanent Post-Service Restriction on Representing, Advising and/or Assisting Non-City Parties in Particular Matters.

1.

Prohibition. A former Public Servant, after the termination of his or her service or employment with the City, shall not, with the intent to influence, act as agent or attorney, or otherwise represent, any person or entity other than oneself or the City before any court, or before any state, federal, or local agency, including the City Council, or any officer or employee thereof, by making any formal or informal appearance or by making any oral, written, or other communication in connection with a particular matter in which both of the following exist:

a.

The City is a party or has a direct and substantial interest; and

b.

The Public Servant participated personally and substantially in the matter as a City Public Servant.

2.

Definition. "Particular matter" includes but is not limited to a particular claim, official filing to the City by another, contract, negotiation, grant, permit, license, litigation, settlement, or similar transaction.

3.

In determining if communication regarding a particular matter violates this prohibition, representation or agency shall be presumed if a former Public Servant is compensated in any way and for any reason during the preceding twelve (12) month period either prior to or after the communication by a non-City person or entity that is either a party to the particular matter or is intending to influence the particular matter.

4.

Restriction on assisting others. No former Public Servant, after the termination of his or her service or employment with the City, shall aid, advise, counsel, consult or assist another public or private entity regarding a matter or in any proceeding in which the Public Servant would be precluded under Subsection A.1. from personally appearing.

5.

Exception for testimony. The prohibitions in Subsections A.1. and A.4. do not prohibit a former Public Servant from testifying as a witness pursuant to a subpoena, provided that no compensation is received other than the fees regularly provided for by law or regulation for witnesses.

B.

One-Year Post-Service Restriction on Supervisors Representing Non-City Parties.

1.

Prohibition. A former Public Servant, within one (1) year after the termination of his or her service or employment with the City, shall not, with the intent to influence, act as agent or attorney, or otherwise represent, any other public or private entity before any court, or before any state, federal, or local agency, or any officer or employee thereof, by making any formal or informal appearance or by making any oral, written, or other communication in connection with a particular matter, as defined in Subsection A.2., in which both of the following exist as it relates to the particular matter:

a.

The City is a party or has a direct and substantial interest; and

b.

The Public Servant knows or reasonably should know that the particular matter was actually pending under his or her official responsibility as a Public Servant within a period of one (1) year before the termination of his or her service with the City.

C.

One-Year Restriction on Public Servants Representing Other Persons Before Former Department. No current or former Public Servant, for one year after termination of his or her service or employment with any department, board, commission, office or other unit of the City, shall, with the intent to influence a government decision, communicate orally, in writing, or in any other manner on behalf of any other person (except the City) with any officer or employee of the department, board, commission, office or other unit of government, for which the Public Servant served.

1.

Mayor, Members of the Council, and their Senior Staff Members. For purposes of the one-year restriction under Subsection C., the "department" for which a former Mayor, a former member of the Council, or a former senior staff member to either the Mayor or a member of the Council served shall be the City and the prohibition in Subsection C. shall extend to communications with:

a.

A board, department, commission or agency of the City;

b.

An officer or employee of the City;

c.

An appointee of a board, department, commission, agency, officer, or employee of the City; or

d.

A representative of the City.

2.

For the purposes of this Subsection C., "a former senior staff member to either the Mayor or a member of the Council" means an individual employed in any of the following positions at the time the individual terminated his or her employment with the City: chief of staff, deputy chief of staff, communications or other director, legislative or policy aide, or any position in the Mayor's or Council Member's office that is required to file a Form 700 pursuant to the Oakland Conflict of Interest Code.

D.

Employment by a Party to a City Contract on Which the Public Servant Worked. No current or former Public Servant shall be employed by or otherwise receive compensation from a person or entity that entered into a contract with the City within the preceding one year where the Public Servant personally and substantially participated in the award of the contract.

E.

Waiver by the Public Ethics Commission.

1.

At the request of a current or former Public Servant, the Public Ethics Commission may waive any of the restrictions in Subsections A., B., or C. for members of City boards and commissions whom, by law, must be appointed to represent any profession, trade, business union or association.

2.

At the request of a current or former Public Servant, the Public Ethics Commission may waive the prohibition in Subsection D. if the Commission determines that imposing the restriction would cause extreme financial hardship for the City Public Servant.

(Ord. No. 13278, § 1, 12-8-2014)