HomeMy WebLinkAbout2007-02-20 Ordinance 4935follows:
ORDINANCE NO. 4935
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO ADDING CHAPTER 2.07 TO TITLE 2 OF THE PALO
ALTO MUNICIPAL CODE TO PROHIBIT CERTAIN FORMER
CITY EMPLOYEES FROM APPEARING BEFORE THE CITY
FOR THIRD PARTIES FOR A PERIOD OF ONE YEAR AFTER
LEAVING CITY EMPLOYMENT
The Council of the City of Palo Al to does ORDAIN as
SECTION 1. The intent of this ordinance is to prevent
lobbying to the City for compensation by former City Officers or
individuals whose city appointment requires confirmation by the
City Council for a period of one year after leaving City
employment. This ordinance does not prohibit City retaining
former employees for City service when it is advantageous to the
City.
SECTION 2. Chapter 2.07 is hereby added to Title 2 of
the Palo Alto Municipal Code to read as follows:
Sections:
2.07.010
2.07.020
2.07.010
Chapter 2.07
POST-GOVERNMENT EMPLOYMENT REGULATIONS
No representation for compensation.
Bxception for government service.
No representation for compensation.
No City Officer, or City employee whose appointment
requires confirmation by the City Council under Title 2 of this
code, shall, for compensation, act as agent or attorney for, or
otherwise represent any other person or entity, by making any
formal or informal appearance, or by making any oral or written
communication, before the city council, any city board or
commission, or any officer or employee of the City, 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
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property. Administrati ve action does not include any action
that is solely ministerial. This limitation shall expire one
year after the officer or employee has left employment with the
City.
2.07.020 Exception for government service.
Nothing in this chapter shall apply to any individual
who appears or communicates with the City on behalf of another
government agency as a board member, officer, or employee of
that government agency. Nor shall it apply to any former
employee who is compensated by the City to provide transitional
or other services. This chapter shall not apply if the
application is made by the employee for themselves or their own
business.
SECTION 3. The City Council finds that this project is
provisions of the Environmental Quality Act
it can be seen with certainty that there is no
this project will have a significant effect on
exempt from the
("CEQA") because
possibility that
the environment.
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SECTION 4. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
AP~T
~City Attorney
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February 5, 2007
February 20, 2007
BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO,
KLEIN, KLEINBERG, MORTON
MOSSAR
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THE HONORABLE CITY COUNCIL
Palo Alto, California
FROM CITY ATTORNEY
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January 31, 2007
RE: "Revolving Door II Ordinance for Council Appointed
or Council Approved City Employees
Dear Members of the Council:
On April 26, 2006, the Policy and Services Committee
asked that we prepare a "revolving door II ordinance prohibiting
high-level former employees, for one year, from lobbying the
City for compensation. .In preparing the ordinance, we have
tracked the provisions of Government Code section 87405.3, which
took effect July 1, 2006. That section prohibits advocacy for
hire by former Council Members and the City Manager for one year
after leaving their city positions. However, it does not limit
advocacy as a board member or officer or employee of another
government agency.
On November 14, 2006 the Policy and Services Committee
reviewed and approved the draft ordinance with two slight
modifications on a 4-0 vote. Thus, the ordinance is presented
to the Council as a first reading. The Executive Staff, which
. comprises nearly every position covered, has reviewed and
provided suggested changes that were incorporated prior to
forwarding the matter to Policy and Services for consideration.
The attached draft ordinance covers all City Officers,
i.e., the City Manager, Assistant City Manager, City Clerk, City
Auditor, and City Attorney and all individuals whose city
070131 cjs 0110646
THE HONORABLE CITY COUNCIL
January 31, 2007
Page 2
RE: "Revolving Door" Ordinance for Council Appointed
or Council Approved City Em2loyees '
appointments require council approval: department heads, the
As.sistant City Clerk, and senior assistant city attorneys. A
list of these positions is attached.
GMB:cjs
Attachments
cc: Frank Benest, City Manager
Sharon Erickson, City Auditor
Respectfully submitted,
BAUM
Y Attorney
Emily Harrison, Assistant City Manager
Carl Yeats, Director of Administrative Services
070131 cjsOIl0646
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POSITIONS COVERED BY DRAFT REVOLVING DOOR ORDINANCE
Officers of the City
City Manager
City Attorney
City Clerk
City Auditor
(PAMC Section 2.08.010)
Council-Approved APEointments (PAMC Section 2.08.020,110,120)
Assistant City Manager
Senior Assistant City Attorney
Director of Administration Services
Chief of Police
Fire Chief
Director of Human Resources
Director of Planning and Community Environment
Director of Utilities
Director of Public Works -City Engineer
Director of Community Services
Director of Libraries
070131 cjs0110646