Title 2 ADMINISTRATION
Chapter 2.175 POSTGOVERNMENT EMPLOYMENT AND LOBBYING ACTIVITIES OF COUNTY OFFICIALS
2.175.010 Definitions.
2.175.020 Postgovernment Employment of County Officials.
2.175.030 Lobbying Activities of County Officials.
2.175.040 Violations and Enforcement.
2.175.010 Definitions.
The following terms, whenever used in this chapter, shall be construed as
defined in this section. Except as otherwise provided herein, the terms and
provisions of this chapter shall be interpreted in accordance with the
applicable definitions and provisions of the Political Reform Act of 1974, as
amended (Government Code Section 81000, et seq.) and the regulations of the
California Fair Political Practices Commission, as amended.
A. “County
official” includes a member of the board of supervisors, the sheriff, the
assessor, the district attorney, and any county employee or member of a county
board or commission required to file a statement of economic interests pursuant
to the Political Reform Act of 1974, as amended.
B. “Personally and
substantively participated” means, but is not limited to, making or voting
on a decision, or making a recommendation or rendering advice, including
conducting research or an investigation, directly or indirectly, to the decision
maker.
C. “County agency” includes any department, office,
board, commission, or other agency of the County of Los
Angeles.
D. “Decision” does not include any ministerial action.
A ministerial action is one that does not require a county official to exercise
discretion concerning any outcome or course of action. (Ord. 2006-0014 § 1
(part), 2006.)
2.175.020 Postgovernment Employment of County Officials.
A.
No county official shall directly or indirectly negotiate the possibility
of future employment or the promise of income with any person or entity, other
than a government agency, that has a matter within the regulatory, proprietary,
or contractual jurisdiction of his county agency currently pending before that
official or before any body of which the official is a member.
B. No person
or entity, other than a government agency, with a matter pending before a county
official, or before any body of which the official is a member shall, directly
or indirectly negotiate the possibility of future employment or the promise of
income with that county official.
C. No county official shall make,
participate in making, or use his official position to influence a county
decision involving the interests of a person or entity with which he has an
agreement, formal or informal, concerning future employment or the promise of
income. (Ord. 2006-0014 § 1 (part), 2006.)
2.175.030 Lobbying Activities of County Officials.
A.
No former county official who personally and substantively participated in
a decision, proceeding, claim, contract, legislation or other specific matter
during his county service, shall, for compensation, attempt to influence any
county decision or action regarding that specific matter on behalf of any person
or entity, other than a government agency. This prohibition shall apply only if
the specific matter is still pending before a county agency or if the county is
a party to, or has a direct or substantial interest in, the specific matter.
B. For one year after leaving county service, no former elected county
official or the county chief administrative officer shall, for compensation,
engage in direct communication with any county agency for the purpose of
attempting to influence any action or decision on any matter pending before that
county agency on behalf of any person or entity, other than a government
agency.
C. For one year after leaving county service, no former county
official shall, for compensation, engage in direct communication with any county
agency in which he served during the twelve month period preceding his departure
from county service, for the purpose of attempting to influence any action or
decision on any matter pending before that agency on behalf of any other person
or entity, other than a government agency.
D. No provision contained in this
section shall prevent any former county official from representing solely
himself, or members of his immediate family, in their individual capacities, in
connection with any matter pending before a county agency providing he provides
such representation without compensation.
E. This section shall not apply to
the activities of any former county official who is an elected or appointed
officer of any city, county, district, multi-jurisdictional, state or federal
government agency, when that former county official is solely representing that
agency in his official capacity as an officer or employee of the agency. (Ord.
2006-0014 § 1 (part), 2006.)
2.175.040 Violations and Enforcement.
A
. Criminal Enforcement.
1. Any person who knowingly violates any
provision of this chapter is guilty of a misdemeanor which may be punished by
imprisonment in the county jail for no more than six months, or by a fine not
exceeding $1,000.00, or by both.
2. Any person who knowingly causes any
other person to violate any provision of this chapter, or who aids or abets any
other person to violate any provision of this chapter, shall be liable under the
provisions of this chapter.
3. No person convicted of a misdemeanor under
this chapter shall act as a county lobbyist or county lobbying firm, as defined
in section 2.160.010 of this Code, for a period of four years after the date of
the conviction, unless the court at the time of sentencing makes a specific
finding that this provision shall not be applicable.
4. Prosecution of a
violation of any provision of this chapter shall commence within four years
after the date of the violation.
B. Civil Actions, Administrative Fines and
Discipline.
1. Any person who violates any provision of this chapter shall
be liable in a civil action brought by the county for an amount of up to
$5,000.00 for each failure to comply.
2. In addition to the penalties set
forth in subsections A and B(1) of this chapter, any violation of this chapter
shall be subject to an administrative fine of an amount up to $5,000.00. Any
administrative fines shall be issued pursuant to the requirements of Chapter
1.25 of this Code. The executive officer of the board of supervisors shall be
designated the enforcement officer for determination and imposition of the
administrative fines to be issued and for providing representation, either
directly or in conjunction with other county departments, on behalf of the
County before the administrative hearing officer as provided for in Chapter 1.25
of this Code. The executive officer shall also be responsible for receiving and
investigating any complaints or allegations of violations of this
chapter.
3. The executive officer of the board of supervisors may develop
rules for the administration of this chapter. Such rules shall be presented to
the board of supervisors for its consideration and approval.
4. Any county
official who violates any provision of this chapter shall be subject to
discipline by the county, which shall be administered in accordance with
procedures prescribed by law or established by county policy.
5. Any person
that participates with a county official to violate any provision of this
chapter shall be denied the county contract, permit, grant, license, franchise
or any other matter which was the objective of the person whose prohibited
activities were performed in violation of this chapter.
6. A civil or
administrative action alleging a violation of any provision of this chapter
shall be filed within four years after the date of the violation. (Ord.
2006-0014 § 1 (part), 2006.)
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