(a)
The prohibitions of Section
87406.3
apply to a public official who holds any of the following positions:
(1)
Local elected official.
(2)
Chief administrative officer of a county.
(3)
City manager, including the chief administrator of a city.
(4)
General manager or chief administrator of a special district who holds a position with a local government agency as defined by Section
82041
, including the general manager or chief administrator of an air pollution control district or air quality management district.
(b)
A public official covered by subdivision (a) of this regulation is prohibited from making any appearance or communication if all of the following apply:
(1)
The official has permanently left, as defined in Regulation 18746.4(b), any particular office or employment specified in subdivision (a) of this regulation.
(2)
The appearance or communication is made within one year after leaving that office or employment.
(3)
The public official is compensated, or promised compensation, for the appearance or communication. For purposes of Section
87406.3
, a payment made for necessary travel, meals, and accommodations received directly in connection with voluntary services is not considered compensation.
(4)
The appearance or communication is made on behalf of any person as an agent, attorney, or representative of that person. An appearance or communication made by a public official to represent a personal interest, as defined in Regulation 18704(d)(2), is not prohibited or limited by this regulation unless the appearance or communication is made in a quasi-judicial proceeding, as defined in subdivision (b)(5)(C), in which the official participated while serving as a local government employee or officer.
(5)
The appearance or communication is made for the purpose of influencing, as defined in Regulation 18746.2, any legislative or administrative action, or any discretionary act involving the issuance, amending, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. Notwithstanding Sections
82002
and
82037
, for purposes of Section
87406.3
, the following definitions apply:
(A)
"Administrative action," as that term is defined in Section
87406.3
(d)(1)
, which includes a ratemaking proceeding.
(B)
"Quasi-legislative" means any proceeding involving the adoption of rules of general applicability, including but not limited to annexations of territory to a city or district, adoption or amendment of zoning ordinances, adoption of regulations, or granting of franchises.
(C)
"Quasi-judicial" means any proceeding that determines the rights of specific parties, or applies existing laws to specific situations, including but not limited to any proceedings to issue or revoke licenses, building permits, zoning variances, conditional use permits, parcel and subdivision maps, or coastal development permits.
(D)
"Legislative action," as that term is defined in Section
87406.3
(d)(2)
.
(6)
The appearance or communication is made before any officer or employee of any of the following:
(A)
The local government agency, including any officer or employee of any committee, subcommittee, or present member of that local government agency, that the public official worked for or represented as specified in subdivision (a) of this regulation. An employee loaned to a local government agency is deemed to have worked for or represented that agency.
(B)
Any local government agency whose budget, personnel, and other operations are subject to the direction and control of any agency described in subdivision (b)(6)(A).
(c)
Except for an independent contractor as specified in Section
87406.3
(b)(2)
, the prohibitions of Section
87406.3
and this regulation do not apply to any individual who, at the time of the appearance or communication, was 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.
Source
1. New section filed 3-20-2007; operative 3-20-2007. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2007, No. 12).
2. Amendment filed 6-15-2009; operative 7-15-2009. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2009, No. 25).
3. Amendment of subsections (a), (b)(2), (b)(4), (b)(5)(A), (b)(5)(D), (b)(6)(B) and (c) filed 3-20-2018; operative 4-19-2018 pursuant to Cal. Code Regs., tit. 2, section
18312
(e)
. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 12).
4. Amendment of subsection (b)(4) filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section
18312
(e)
. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
History
1. New section filed 3-20-2007; operative 3-20-2007. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law,3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2007, No. 12).
2. Amendment filed 6-15-2009; operative 7-15-2009. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law,3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2009, No. 25).
3. Amendment of subsections (a), (b)(2), (b)(4), (b)(5)(A), (b)(5)(D), (b)(6)(B) and (c) filed 3-20-2018; operative
4/19/2018
pursuant to Cal. Code Regs., tit. 2, section
18312
(e)
. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (
Register 2018, No. 12
).
4. Amendment of subsection (b)(4) filed 5-12-2021; operative
6/11/2021
pursuant to Cal. Code Regs., tit. 2, section
18312
(e)
. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (
Register 2021, No. 20
).