State Codes and Statutes

Statutes > California > Gov > 87400-87407

GOVERNMENT CODE
SECTION 87400-87407



87400.  Unless the contrary is stated or clearly appears from the
context, the definitions set forth in this section shall govern the
interpretation of this article.
   (a) "State administrative agency" means every state office,
department, division, bureau, board and commission, but does not
include the Legislature, the courts or any agency in the judicial
branch of government.
   (b) "State administrative official" means every member, officer,
employee or consultant of a state administrative agency who as part
of his or her official responsibilities engages in any judicial,
quasi-judicial or other proceeding 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 administrative agency, including but
not limited to any proceeding governed by Chapter 5 (commencing with
Section 11500) of Division 3 of Title 2 of the Government Code.
   (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 officer or
employee, but excluding approval, disapproval or rendering of legal
advisory opinions to departmental or agency staff which do not
involve a specific party or parties.



87401.  No former state administrative official, after the
termination of his or her employment or term of office, shall for
compensation act as agent or attorney for, or otherwise represent,
any other person (other than the State of California) before any
court or state administrative agency or any officer or employee
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
both of the following apply:
   (a) The State of California is a party or has a direct and
substantial interest.
   (b) The proceeding is one in which the former state administrative
official participated.



87402.  No former state administrative official, after the
termination of his or her employment or term of office shall for
compensation aid, advise, counsel, consult or assist in representing
any other person (except the State of California) in any proceeding
in which the official would be prohibited from appearing under
Section 87401.



87403.  The prohibitions contained in Sections 87401 and 87402 shall
not apply:
   (a) To prevent a former state administrative official from making
or providing a statement, which is based on the former state
administrative 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; or
   (b) To communications made solely for the purpose of furnishing
information by a former state administrative official if the court or
state administrative agency to which the communication is directed
makes findings in writing that:
   (1) The former state administrative official has outstanding and
otherwise unavailable qualifications;
   (2) The former state administrative official is acting with
respect to a particular matter which requires such qualifications;
and
   (3) The public interest would be served by the participation of
the former state administrative official; or
   (c) With respect to appearances or communications in a proceeding
in which a court or state administrative agency has issued a final
order, decree, decision or judgment but has retained jurisdiction if
the state administrative agency of former employment gives its
consent by determining that:
   (1) At least five years have elapsed since the termination of the
former state administrative official's employment or term of office;
and
   (2) The public interest would not be harmed.




87404.  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 Section 11512 of the
Government Code, in any judicial, quasi-judicial or other proceeding,
including but not limited to any proceeding pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code may, after notice and an opportunity for a
hearing, exclude any person found to be in violation of this article
from further participation, or from assisting or counseling any other
participant, in the proceeding then pending before such court or
presiding or other officer.



87405.  The requirements imposed by this article shall not apply to
any person who left government service prior to the effective date of
this article except that any such person who returns to government
service on or after the effective date of this article shall
thereafter be covered thereby.



87406.  (a) This section shall be known, and may be cited, as the
Milton Marks Postgovernment Employment Restrictions Act of 1990.
   (b) No Member of the Legislature, for a period of one year after
leaving office, shall, for compensation, act as agent or attorney
for, or otherwise represent, any other person by making any formal or
informal appearance, or by making any oral or written communication,
before the Legislature, any committee or subcommittee thereof, any
present Member of the Legislature, or any officer or employee
thereof, if the appearance or communication is made for the purpose
of influencing legislative action.
   (c) No elected state officer, other than a Member of the
Legislature, for a period of one year after leaving office, shall,
for compensation, act as agent or attorney for, or otherwise
represent, any other person by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or any officer or employee thereof,
if the appearance or communication is for the purpose of influencing
administrative action, or influencing any action or proceeding
involving the issuance, amendment, awarding, or revocation of a
permit, license, grant, or contract, or the sale or purchase of goods
or property. For purposes of this subdivision, an appearance before
a "state administrative agency" does not include an appearance in a
court of law, before an administrative law judge, or before the
Workers' Compensation Appeals Board.
   (d) (1) No designated employee of a state administrative agency,
any officer, employee, or consultant of a state administrative agency
who holds a position which entails the making, or participation in
the making, of decisions which may foreseeably have a material effect
on any financial interest, and no member of a state administrative
agency, for a period of one year after leaving office or employment,
shall, for compensation, act as agent or attorney for, or otherwise
represent, any other person, by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or officer or employee thereof, for
which he or she worked or represented during the 12 months before
leaving office or employment, 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, or contract, or the sale or purchase of goods or property. For
purposes of this paragraph, an appearance before a state
administrative agency does not include an appearance in a court of
law, before an administrative law judge, or before the Workers'
Compensation Appeals Board. The prohibition of this paragraph shall
only apply to designated employees employed by a state administrative
agency on or after January 7, 1991.
   (2) For purposes of paragraph (1), a state administrative agency
of a designated employee of the Governor's office includes any state
administrative agency subject to the direction and control of the
Governor.
   (e) The prohibitions contained in subdivisions (b), (c), and (d)
shall not apply to any individual subject to this section who is or
becomes any of the following:
   (1) An officer or employee of another state agency, board, or
commission if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
state agency, board, or commission.
   (2) An official holding an elective office of a local government
agency if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
local government agency.
   (f) This section shall become operative on January 1, 1991, but
only if Senate Constitutional Amendment No. 32 of the 1989-90 Regular
Session is approved by the voters. With respect to Members of the
Legislature whose current term of office on January 1, 1991, began in
December 1988, this section shall not apply until January 1, 1993.



87406.1.  (a) For purposes of this section, "district" means an air
pollution control district or air quality management district and
"district board" means the governing body of an air pollution control
district or an air quality management district.
   (b) No former member of a district board, and no former officer or
employee of a district who held a position which entailed the
making, or participation in the making, of decisions which may
foreseeably have a material effect on any financial interest, shall,
for a period of one year after leaving that office or employment, act
as agent or attorney for, or otherwise represent, for compensation,
any other person, by making any formal or informal appearance before,
or by making any oral or written communication to, that district
board, or any committee, subcommittee, or present member of that
district board, or any officer or employee of the district, if the
appearance or communication is made for the purpose of influencing
regulatory action.
   (c) Subdivision (b) shall not apply to any individual who is, at
the time of the appearance or communication, a board member, officer,
or employee of another district or an employee or representative of
a public agency.
   (d) This section applies to members and former members of district
hearing boards.



87406.3.  (a) A local elected official, chief administrative officer
of a county, city manager, or general manager or chief administrator
of a special district who held a position with a local government
agency as defined in Section 82041 shall not, for a period of one
year after leaving that office or employment, act as agent or
attorney for, or otherwise represent, for compensation, any other
person, by making any formal or informal appearance before, or by
making any oral or written communication to, that local government
agency, or any committee, subcommittee, or present member of that
local government agency, or any officer or employee of the local
government agency, 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, or
contract, or the sale or purchase of goods or property.
   (b) Subdivision (a) shall not apply to any individual who is, at
the time of the appearance or communication, a board member, officer,
or employee of another local government agency or an employee or
representative of a public agency and is appearing or communicating
on behalf of that agency.
   (c) Nothing in this section shall preclude a local government
agency from adopting an ordinance or policy that restricts the
appearance of a former local official before that local government
agency if that ordinance or policy is more restrictive than
subdivision (a).
   (d) Notwithstanding Sections 82002 and 82037, the following
definitions shall apply for purposes of this section only:
   (1) "Administrative action" means the proposal, drafting,
development, consideration, amendment, enactment, or defeat by any
local government agency of any matter, including any rule,
regulation, or other action in any regulatory proceeding, whether
quasi-legislative or quasi-judicial. Administrative action does not
include any action that is solely ministerial.
   (2) "Legislative action" means the drafting, introduction,
modification, enactment, defeat, approval, or veto of any ordinance,
amendment, resolution, report, nomination, or other matter by the
legislative body of a local government agency or by any committee or
subcommittee thereof, or by a member or employee of the legislative
body of the local government agency acting in his or her official
capacity.
   (e) This section shall become operative on July 1, 2006.



87407.  No public official shall make, participate in making, or use
his or her official position to influence, any governmental decision
directly relating to any person with whom he or she is negotiating,
or has any arrangement concerning, prospective employment.


State Codes and Statutes

Statutes > California > Gov > 87400-87407

GOVERNMENT CODE
SECTION 87400-87407



87400.  Unless the contrary is stated or clearly appears from the
context, the definitions set forth in this section shall govern the
interpretation of this article.
   (a) "State administrative agency" means every state office,
department, division, bureau, board and commission, but does not
include the Legislature, the courts or any agency in the judicial
branch of government.
   (b) "State administrative official" means every member, officer,
employee or consultant of a state administrative agency who as part
of his or her official responsibilities engages in any judicial,
quasi-judicial or other proceeding 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 administrative agency, including but
not limited to any proceeding governed by Chapter 5 (commencing with
Section 11500) of Division 3 of Title 2 of the Government Code.
   (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 officer or
employee, but excluding approval, disapproval or rendering of legal
advisory opinions to departmental or agency staff which do not
involve a specific party or parties.



87401.  No former state administrative official, after the
termination of his or her employment or term of office, shall for
compensation act as agent or attorney for, or otherwise represent,
any other person (other than the State of California) before any
court or state administrative agency or any officer or employee
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
both of the following apply:
   (a) The State of California is a party or has a direct and
substantial interest.
   (b) The proceeding is one in which the former state administrative
official participated.



87402.  No former state administrative official, after the
termination of his or her employment or term of office shall for
compensation aid, advise, counsel, consult or assist in representing
any other person (except the State of California) in any proceeding
in which the official would be prohibited from appearing under
Section 87401.



87403.  The prohibitions contained in Sections 87401 and 87402 shall
not apply:
   (a) To prevent a former state administrative official from making
or providing a statement, which is based on the former state
administrative 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; or
   (b) To communications made solely for the purpose of furnishing
information by a former state administrative official if the court or
state administrative agency to which the communication is directed
makes findings in writing that:
   (1) The former state administrative official has outstanding and
otherwise unavailable qualifications;
   (2) The former state administrative official is acting with
respect to a particular matter which requires such qualifications;
and
   (3) The public interest would be served by the participation of
the former state administrative official; or
   (c) With respect to appearances or communications in a proceeding
in which a court or state administrative agency has issued a final
order, decree, decision or judgment but has retained jurisdiction if
the state administrative agency of former employment gives its
consent by determining that:
   (1) At least five years have elapsed since the termination of the
former state administrative official's employment or term of office;
and
   (2) The public interest would not be harmed.




87404.  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 Section 11512 of the
Government Code, in any judicial, quasi-judicial or other proceeding,
including but not limited to any proceeding pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code may, after notice and an opportunity for a
hearing, exclude any person found to be in violation of this article
from further participation, or from assisting or counseling any other
participant, in the proceeding then pending before such court or
presiding or other officer.



87405.  The requirements imposed by this article shall not apply to
any person who left government service prior to the effective date of
this article except that any such person who returns to government
service on or after the effective date of this article shall
thereafter be covered thereby.



87406.  (a) This section shall be known, and may be cited, as the
Milton Marks Postgovernment Employment Restrictions Act of 1990.
   (b) No Member of the Legislature, for a period of one year after
leaving office, shall, for compensation, act as agent or attorney
for, or otherwise represent, any other person by making any formal or
informal appearance, or by making any oral or written communication,
before the Legislature, any committee or subcommittee thereof, any
present Member of the Legislature, or any officer or employee
thereof, if the appearance or communication is made for the purpose
of influencing legislative action.
   (c) No elected state officer, other than a Member of the
Legislature, for a period of one year after leaving office, shall,
for compensation, act as agent or attorney for, or otherwise
represent, any other person by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or any officer or employee thereof,
if the appearance or communication is for the purpose of influencing
administrative action, or influencing any action or proceeding
involving the issuance, amendment, awarding, or revocation of a
permit, license, grant, or contract, or the sale or purchase of goods
or property. For purposes of this subdivision, an appearance before
a "state administrative agency" does not include an appearance in a
court of law, before an administrative law judge, or before the
Workers' Compensation Appeals Board.
   (d) (1) No designated employee of a state administrative agency,
any officer, employee, or consultant of a state administrative agency
who holds a position which entails the making, or participation in
the making, of decisions which may foreseeably have a material effect
on any financial interest, and no member of a state administrative
agency, for a period of one year after leaving office or employment,
shall, for compensation, act as agent or attorney for, or otherwise
represent, any other person, by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or officer or employee thereof, for
which he or she worked or represented during the 12 months before
leaving office or employment, 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, or contract, or the sale or purchase of goods or property. For
purposes of this paragraph, an appearance before a state
administrative agency does not include an appearance in a court of
law, before an administrative law judge, or before the Workers'
Compensation Appeals Board. The prohibition of this paragraph shall
only apply to designated employees employed by a state administrative
agency on or after January 7, 1991.
   (2) For purposes of paragraph (1), a state administrative agency
of a designated employee of the Governor's office includes any state
administrative agency subject to the direction and control of the
Governor.
   (e) The prohibitions contained in subdivisions (b), (c), and (d)
shall not apply to any individual subject to this section who is or
becomes any of the following:
   (1) An officer or employee of another state agency, board, or
commission if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
state agency, board, or commission.
   (2) An official holding an elective office of a local government
agency if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
local government agency.
   (f) This section shall become operative on January 1, 1991, but
only if Senate Constitutional Amendment No. 32 of the 1989-90 Regular
Session is approved by the voters. With respect to Members of the
Legislature whose current term of office on January 1, 1991, began in
December 1988, this section shall not apply until January 1, 1993.



87406.1.  (a) For purposes of this section, "district" means an air
pollution control district or air quality management district and
"district board" means the governing body of an air pollution control
district or an air quality management district.
   (b) No former member of a district board, and no former officer or
employee of a district who held a position which entailed the
making, or participation in the making, of decisions which may
foreseeably have a material effect on any financial interest, shall,
for a period of one year after leaving that office or employment, act
as agent or attorney for, or otherwise represent, for compensation,
any other person, by making any formal or informal appearance before,
or by making any oral or written communication to, that district
board, or any committee, subcommittee, or present member of that
district board, or any officer or employee of the district, if the
appearance or communication is made for the purpose of influencing
regulatory action.
   (c) Subdivision (b) shall not apply to any individual who is, at
the time of the appearance or communication, a board member, officer,
or employee of another district or an employee or representative of
a public agency.
   (d) This section applies to members and former members of district
hearing boards.



87406.3.  (a) A local elected official, chief administrative officer
of a county, city manager, or general manager or chief administrator
of a special district who held a position with a local government
agency as defined in Section 82041 shall not, for a period of one
year after leaving that office or employment, act as agent or
attorney for, or otherwise represent, for compensation, any other
person, by making any formal or informal appearance before, or by
making any oral or written communication to, that local government
agency, or any committee, subcommittee, or present member of that
local government agency, or any officer or employee of the local
government agency, 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, or
contract, or the sale or purchase of goods or property.
   (b) Subdivision (a) shall not apply to any individual who is, at
the time of the appearance or communication, a board member, officer,
or employee of another local government agency or an employee or
representative of a public agency and is appearing or communicating
on behalf of that agency.
   (c) Nothing in this section shall preclude a local government
agency from adopting an ordinance or policy that restricts the
appearance of a former local official before that local government
agency if that ordinance or policy is more restrictive than
subdivision (a).
   (d) Notwithstanding Sections 82002 and 82037, the following
definitions shall apply for purposes of this section only:
   (1) "Administrative action" means the proposal, drafting,
development, consideration, amendment, enactment, or defeat by any
local government agency of any matter, including any rule,
regulation, or other action in any regulatory proceeding, whether
quasi-legislative or quasi-judicial. Administrative action does not
include any action that is solely ministerial.
   (2) "Legislative action" means the drafting, introduction,
modification, enactment, defeat, approval, or veto of any ordinance,
amendment, resolution, report, nomination, or other matter by the
legislative body of a local government agency or by any committee or
subcommittee thereof, or by a member or employee of the legislative
body of the local government agency acting in his or her official
capacity.
   (e) This section shall become operative on July 1, 2006.



87407.  No public official shall make, participate in making, or use
his or her official position to influence, any governmental decision
directly relating to any person with whom he or she is negotiating,
or has any arrangement concerning, prospective employment.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 87400-87407

GOVERNMENT CODE
SECTION 87400-87407



87400.  Unless the contrary is stated or clearly appears from the
context, the definitions set forth in this section shall govern the
interpretation of this article.
   (a) "State administrative agency" means every state office,
department, division, bureau, board and commission, but does not
include the Legislature, the courts or any agency in the judicial
branch of government.
   (b) "State administrative official" means every member, officer,
employee or consultant of a state administrative agency who as part
of his or her official responsibilities engages in any judicial,
quasi-judicial or other proceeding 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 administrative agency, including but
not limited to any proceeding governed by Chapter 5 (commencing with
Section 11500) of Division 3 of Title 2 of the Government Code.
   (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 officer or
employee, but excluding approval, disapproval or rendering of legal
advisory opinions to departmental or agency staff which do not
involve a specific party or parties.



87401.  No former state administrative official, after the
termination of his or her employment or term of office, shall for
compensation act as agent or attorney for, or otherwise represent,
any other person (other than the State of California) before any
court or state administrative agency or any officer or employee
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
both of the following apply:
   (a) The State of California is a party or has a direct and
substantial interest.
   (b) The proceeding is one in which the former state administrative
official participated.



87402.  No former state administrative official, after the
termination of his or her employment or term of office shall for
compensation aid, advise, counsel, consult or assist in representing
any other person (except the State of California) in any proceeding
in which the official would be prohibited from appearing under
Section 87401.



87403.  The prohibitions contained in Sections 87401 and 87402 shall
not apply:
   (a) To prevent a former state administrative official from making
or providing a statement, which is based on the former state
administrative 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; or
   (b) To communications made solely for the purpose of furnishing
information by a former state administrative official if the court or
state administrative agency to which the communication is directed
makes findings in writing that:
   (1) The former state administrative official has outstanding and
otherwise unavailable qualifications;
   (2) The former state administrative official is acting with
respect to a particular matter which requires such qualifications;
and
   (3) The public interest would be served by the participation of
the former state administrative official; or
   (c) With respect to appearances or communications in a proceeding
in which a court or state administrative agency has issued a final
order, decree, decision or judgment but has retained jurisdiction if
the state administrative agency of former employment gives its
consent by determining that:
   (1) At least five years have elapsed since the termination of the
former state administrative official's employment or term of office;
and
   (2) The public interest would not be harmed.




87404.  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 Section 11512 of the
Government Code, in any judicial, quasi-judicial or other proceeding,
including but not limited to any proceeding pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code may, after notice and an opportunity for a
hearing, exclude any person found to be in violation of this article
from further participation, or from assisting or counseling any other
participant, in the proceeding then pending before such court or
presiding or other officer.



87405.  The requirements imposed by this article shall not apply to
any person who left government service prior to the effective date of
this article except that any such person who returns to government
service on or after the effective date of this article shall
thereafter be covered thereby.



87406.  (a) This section shall be known, and may be cited, as the
Milton Marks Postgovernment Employment Restrictions Act of 1990.
   (b) No Member of the Legislature, for a period of one year after
leaving office, shall, for compensation, act as agent or attorney
for, or otherwise represent, any other person by making any formal or
informal appearance, or by making any oral or written communication,
before the Legislature, any committee or subcommittee thereof, any
present Member of the Legislature, or any officer or employee
thereof, if the appearance or communication is made for the purpose
of influencing legislative action.
   (c) No elected state officer, other than a Member of the
Legislature, for a period of one year after leaving office, shall,
for compensation, act as agent or attorney for, or otherwise
represent, any other person by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or any officer or employee thereof,
if the appearance or communication is for the purpose of influencing
administrative action, or influencing any action or proceeding
involving the issuance, amendment, awarding, or revocation of a
permit, license, grant, or contract, or the sale or purchase of goods
or property. For purposes of this subdivision, an appearance before
a "state administrative agency" does not include an appearance in a
court of law, before an administrative law judge, or before the
Workers' Compensation Appeals Board.
   (d) (1) No designated employee of a state administrative agency,
any officer, employee, or consultant of a state administrative agency
who holds a position which entails the making, or participation in
the making, of decisions which may foreseeably have a material effect
on any financial interest, and no member of a state administrative
agency, for a period of one year after leaving office or employment,
shall, for compensation, act as agent or attorney for, or otherwise
represent, any other person, by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or officer or employee thereof, for
which he or she worked or represented during the 12 months before
leaving office or employment, 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, or contract, or the sale or purchase of goods or property. For
purposes of this paragraph, an appearance before a state
administrative agency does not include an appearance in a court of
law, before an administrative law judge, or before the Workers'
Compensation Appeals Board. The prohibition of this paragraph shall
only apply to designated employees employed by a state administrative
agency on or after January 7, 1991.
   (2) For purposes of paragraph (1), a state administrative agency
of a designated employee of the Governor's office includes any state
administrative agency subject to the direction and control of the
Governor.
   (e) The prohibitions contained in subdivisions (b), (c), and (d)
shall not apply to any individual subject to this section who is or
becomes any of the following:
   (1) An officer or employee of another state agency, board, or
commission if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
state agency, board, or commission.
   (2) An official holding an elective office of a local government
agency if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
local government agency.
   (f) This section shall become operative on January 1, 1991, but
only if Senate Constitutional Amendment No. 32 of the 1989-90 Regular
Session is approved by the voters. With respect to Members of the
Legislature whose current term of office on January 1, 1991, began in
December 1988, this section shall not apply until January 1, 1993.



87406.1.  (a) For purposes of this section, "district" means an air
pollution control district or air quality management district and
"district board" means the governing body of an air pollution control
district or an air quality management district.
   (b) No former member of a district board, and no former officer or
employee of a district who held a position which entailed the
making, or participation in the making, of decisions which may
foreseeably have a material effect on any financial interest, shall,
for a period of one year after leaving that office or employment, act
as agent or attorney for, or otherwise represent, for compensation,
any other person, by making any formal or informal appearance before,
or by making any oral or written communication to, that district
board, or any committee, subcommittee, or present member of that
district board, or any officer or employee of the district, if the
appearance or communication is made for the purpose of influencing
regulatory action.
   (c) Subdivision (b) shall not apply to any individual who is, at
the time of the appearance or communication, a board member, officer,
or employee of another district or an employee or representative of
a public agency.
   (d) This section applies to members and former members of district
hearing boards.



87406.3.  (a) A local elected official, chief administrative officer
of a county, city manager, or general manager or chief administrator
of a special district who held a position with a local government
agency as defined in Section 82041 shall not, for a period of one
year after leaving that office or employment, act as agent or
attorney for, or otherwise represent, for compensation, any other
person, by making any formal or informal appearance before, or by
making any oral or written communication to, that local government
agency, or any committee, subcommittee, or present member of that
local government agency, or any officer or employee of the local
government agency, 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, or
contract, or the sale or purchase of goods or property.
   (b) Subdivision (a) shall not apply to any individual who is, at
the time of the appearance or communication, a board member, officer,
or employee of another local government agency or an employee or
representative of a public agency and is appearing or communicating
on behalf of that agency.
   (c) Nothing in this section shall preclude a local government
agency from adopting an ordinance or policy that restricts the
appearance of a former local official before that local government
agency if that ordinance or policy is more restrictive than
subdivision (a).
   (d) Notwithstanding Sections 82002 and 82037, the following
definitions shall apply for purposes of this section only:
   (1) "Administrative action" means the proposal, drafting,
development, consideration, amendment, enactment, or defeat by any
local government agency of any matter, including any rule,
regulation, or other action in any regulatory proceeding, whether
quasi-legislative or quasi-judicial. Administrative action does not
include any action that is solely ministerial.
   (2) "Legislative action" means the drafting, introduction,
modification, enactment, defeat, approval, or veto of any ordinance,
amendment, resolution, report, nomination, or other matter by the
legislative body of a local government agency or by any committee or
subcommittee thereof, or by a member or employee of the legislative
body of the local government agency acting in his or her official
capacity.
   (e) This section shall become operative on July 1, 2006.



87407.  No public official shall make, participate in making, or use
his or her official position to influence, any governmental decision
directly relating to any person with whom he or she is negotiating,
or has any arrangement concerning, prospective employment.