Conflicts of InterestDisqualification of Former Officers and Employees

Section § 87400

Explanation

This section defines key terms for interpreting the related article. A "state administrative agency" includes all state government offices, departments, boards, and commissions, but not the Legislature, courts, or judicial branch agencies. A "state administrative official" is anyone in those agencies involved in significant non-clerical tasks. "Judicial, quasi-judicial, or other proceeding" covers any legal or official process involving specific parties. "Participated" means being actively involved in decision-making or advising, except for routine advice not involving specific parties.

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)CA Government Code § 87400(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)CA Government Code § 87400(b) “State administrative official” means every member, officer, employee, or consultant of a state administrative agency who as part of that person’s official responsibilities engages in any judicial, quasi-judicial, or other proceeding in other than a purely clerical, secretarial, or ministerial capacity.
(c)CA Government Code § 87400(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)CA Government Code § 87400(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.
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Section § 87401

Explanation

This law states that a former state administrative official, after leaving their job, cannot represent anyone other than the State of California in front of a court or state agency if they are doing so for payment. This applies if California is involved or has a significant interest in the case, and if the official was involved in the same proceeding while employed by the state.

A former state administrative official, after the termination of the official’s employment or term of office, shall not, 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)CA Government Code § 87401(a) The State of California is a party or has a direct and substantial interest.
(b)CA Government Code § 87401(b) The proceeding is one in which the former state administrative official participated.
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Section § 87402

Explanation

After leaving their job, a former state administrative official cannot work for pay to help anyone other than the State of California in a legal case or proceeding they are not allowed to be involved in under a specific rule.

A former state administrative official, after the termination of the official’s employment or term of office shall not, 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.
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Section § 87403

Explanation

This section outlines exceptions to rules that prevent former state officials from participating in certain activities related to their past employment. First, former officials can share their expertise as witnesses without special compensation, besides standard witness fees. Second, they can communicate information if a court or agency determines they have unique qualifications necessary for a specific issue and their involvement benefits the public. Lastly, former officials can engage in proceedings under certain conditions: a court or agency retains authority, it's been at least five years since their employment ended, and their participation does not harm the public interest.

The prohibitions contained in Sections 87401 and 87402 shall not apply:
(a)CA Government Code § 87403(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)CA Government Code § 87403(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)CA Government Code § 87403(b)(1) The former state administrative official has outstanding and otherwise unavailable qualifications;
(2)CA Government Code § 87403(b)(2) The former state administrative official is acting with respect to a particular matter which requires such qualifications; and
(3)CA Government Code § 87403(b)(3) The public interest would be served by the participation of the former state administrative official; or
(c)CA Government Code § 87403(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)CA Government Code § 87403(c)(1) At least five years have elapsed since the termination of the former state administrative official’s employment or term of office; and
(2)CA Government Code § 87403(c)(2) The public interest would not be harmed.
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Section § 87404

Explanation

If someone is involved in a court or similar proceeding and violates specific rules, the court or a designated officer can prevent that person from continuing to participate, or from helping others in the case, after providing notice and a chance for a hearing.

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.
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Section § 87405

Explanation

If you left government work before this law was enacted, the rules don't apply to you. However, if you come back to a government job after the law takes effect, you have to follow the rules from then on.

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.
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Section § 87406

Explanation

The Milton Marks Postgovernment Employment Restrictions Act of 1990 sets rules for former members of the California Legislature and other state officers. For one year after leaving office, these individuals cannot, for pay, represent another person in trying to influence legislative or administrative actions. This includes making appearances or communications before the Legislature or state agencies. If someone resigns, this ban extends until one year after the legislative session ends.

Additionally, employees of state administrative agencies who were involved in decision-making can't represent others in front of their former agency for a year after leaving. However, these restrictions don't apply if the person takes a state or local government position and acts on its behalf.

(a)CA Government Code § 87406(a) This section shall be known, and may be cited, as the Milton Marks Postgovernment Employment Restrictions Act of 1990.
(b)Copy CA Government Code § 87406(b)
(1)Copy CA Government Code § 87406(b)(1) Except as provided in paragraph (2), a Member of the Legislature, for a period of one year after leaving office, shall not, 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.
(2)CA Government Code § 87406(b)(2) A Member of the Legislature who resigns from office, for a period commencing with the effective date of the resignation and concluding one year after the adjournment sine die of the session in which the resignation occurred, shall not, 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)CA Government Code § 87406(c) An elected state officer, other than a Member of the Legislature, for a period of one year after leaving office, shall not, 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)Copy CA Government Code § 87406(d)
(1)Copy CA Government Code § 87406(d)(1) A designated employee of a state administrative agency, any officer, employee, or consultant of a state administrative agency who holds a position that entails the making, or participation in the making, of decisions that may foreseeably have a material effect on any financial interest, and a member of a state administrative agency, for a period of one year after leaving office or employment, shall not, 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 the individual 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 only applies to designated employees employed by a state administrative agency on or after January 7, 1991.
(2)CA Government Code § 87406(d)(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)CA Government Code § 87406(e) The prohibitions contained in subdivisions (b), (c), and (d) do not apply to any individual subject to this section who is or becomes either of the following:
(1)CA Government Code § 87406(e)(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)CA Government Code § 87406(e)(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.
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Section § 87406.1

Explanation

This law section addresses restrictions on former members, officers, and employees of California air pollution control or air quality management districts. It prohibits them from representing any person for compensation by interacting with their former district in a way that aims to influence regulatory actions for one year after leaving their position. However, this restriction does not apply if they are now working for another district or a public agency. The rule also includes former members of district hearing boards.

(a)CA Government Code § 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)CA Government Code § 87406.1(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)CA Government Code § 87406.1(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)CA Government Code § 87406.1(d) This section applies to members and former members of district hearing boards.
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Section § 87406.3

Explanation

If you've been a local elected official, county chief administrative officer, city manager, or similar role in a California local government, you can't work for someone else as their agent in dealings with that government for a year after leaving your position. This includes appearing or communicating to influence administrative or legislative actions or related decisions.

However, if you're now working for another government agency, this rule doesn't apply unless you're an independent contractor for that agency. Local governments can impose even stricter rules if they want. Administrative actions involve government regulations or rules, while legislative actions involve creating or changing laws or policies. Both terms exclude simple clerical actions.

(a)CA Government Code § 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)Copy CA Government Code § 87406.3(b)
(1)Copy CA Government Code § 87406.3(b)(1) Subdivision (a) does not apply to an 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.
(2)CA Government Code § 87406.3(b)(2) Subdivision (a) applies to an individual who is, at the time of the appearance or communication, an independent contractor of a local government agency or a public agency and is appearing or communicating on behalf of that agency.
(c)CA Government Code § 87406.3(c) This section does not 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)CA Government Code § 87406.3(d) Notwithstanding Sections 82002 and 82037, the following definitions apply for purposes of this section only:
(1)CA Government Code § 87406.3(d)(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)CA Government Code § 87406.3(d)(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 the member or employee’s official capacity.
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Section § 87407

Explanation

This law states that a public official cannot be involved in making government decisions that directly affect someone they are negotiating with or planning to work for in the future.

A public official shall not make, participate in making, or use the public official’s official position to influence, any governmental decision directly relating to any person with whom the public official is negotiating, or has any arrangement concerning, prospective employment.
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Section § 87408

Explanation

If you work in a high-level position with the California Public Employees’ Retirement System or the Teachers’ Retirement Board, there are rules you need to follow after you leave. For four years after you leave, you can't represent or act on behalf of others to influence actions or decisions within these systems, especially when money or contracts are involved. You can still interact with the systems, but only on behalf of the state, not for private interests or clients.

This law applies to board members, certain designated positions, and managers in information technology or health benefits roles. The goal is to prevent any conflict of interest or unfair influence after leaving such positions.

(a)CA Government Code § 87408(a) A member of the Board of Administration of the Public Employees’ Retirement System, an individual in a position designated in subdivision (a) or (e) of Section 20098, or an information technology or health benefits manager with a career executive assignment designation with the Public Employees’ Retirement System, for a period of four years after leaving that office or position, shall not, for compensation, act as an agent or attorney for, or otherwise represent, any other person, except the state, by making a formal or informal appearance before, or an oral or written communication to, the Public Employees’ Retirement System, or an officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing an 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)CA Government Code § 87408(b) A member of the Teachers’ Retirement Board, an individual in a position designated in subdivision (a) or (d) of Section 22212.5 of the Education Code, or an information technology manager with a career executive assignment designation with the State Teachers’ Retirement System, for a period of four years after leaving that office or position, shall not, for compensation, act as an agent or attorney for, or otherwise represent, any other person, except the state, by making a formal or informal appearance before, or an oral or written communication to, the State Teachers’ Retirement System, or an officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing an 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.
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Section § 87409

Explanation

This law restricts certain individuals from assisting businesses in securing contracts with public retirement systems in California for two years after they leave their positions. Specifically, it applies to former board members, designated individuals, and managers with executive roles at both the Public Employees' Retirement System and the State Teachers' Retirement System. For two years post-employment, these individuals cannot help businesses in obtaining or negotiating contracts with these systems.

(a)CA Government Code § 87409(a) A member of the Board of Administration of the Public Employees’ Retirement System, an individual in a position designated in subdivision (a) or (e) of Section 20098, or an information technology or health benefits manager with a career executive assignment designation with the Public Employees’ Retirement System, for a period of two years after leaving that office or position, shall not, for compensation, aid, advise, consult with, or assist a business entity in obtaining the award of, or in negotiating, a contract or contract amendment with the Public Employees’ Retirement System.
(b)CA Government Code § 87409(b) A member of the Teachers’ Retirement Board, an individual in a position designated in subdivision (a) or (d) of Section 22212.5 of the Education Code, or an information technology manager with a career executive assignment designation with the State Teachers’ Retirement System, for a period of two years after leaving that office or position, shall not, for compensation, aid, advise, consult with, or assist a business entity in obtaining the award of, or in negotiating, a contract or contract amendment with the State Teachers’ Retirement System.
(c)CA Government Code § 87409(c) For purposes of this section, “business entity” has the same meaning as set forth in Section 82005, and includes a parent or subsidiary of a business entity.
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Section § 87410

Explanation

This law states that for 10 years after leaving their position, members of the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board, and certain high-ranking officials, cannot be paid for working as placement agents who help secure investments or conduct other business with the Public Employees’ Retirement System or the State Teachers’ Retirement System.

(a)CA Government Code § 87410(a) A member of the Board of Administration of the Public Employees’ Retirement System or an individual in a position designated in subdivision (a) or (e) of Section 20098, for a period of 10 years after leaving that office or position, shall not accept compensation for providing services as a placement agent in connection with investments or other business of the Public Employees’ Retirement System or the State Teachers’ Retirement System.
(b)CA Government Code § 87410(b) A member of the Teachers’ Retirement Board or an individual in a position designated in subdivision (a) or (d) of Section 22212.5 of the Education Code, for a period of 10 years after leaving that office or position, shall not accept compensation for providing services as a placement agent in connection with investments or other business of the State Teachers’ Retirement System or the Public Employees’ Retirement System.
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