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Ordinance 2010-349
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Ordinance 2010-349
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Last modified
9/30/2010 12:24:12 PM
Creation date
9/30/2010 12:23:29 PM
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CityClerk-Ordinances
Ordinance Number
2010-349
Date (mm/dd/yyyy)
09/10/2010
Description
Amd Chap. 33, Post Employment Restrictions under the City’s Ethics Code
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<br />... <br /> <br />The Ethics Commission specifically opted for a broad interpretation of the two year prohibition, <br />because to conclude otherwise "would create a loophole exempting these individuals..." <br />(emphasis added). In light of this broad construction and applicability, the Ethics Commission <br />reasoned that only individuals hired through temporary employment agencies, either full or part <br />time, and who worked less than six (6) months for the County would be exempt from the two <br />year post employment restriction, <br /> <br />04-34 March 11. 2004 <br /> <br />In RQO 04-34, the Ethics Commission addressed the applicability of Section 2-11.1(q)(1) (the <br />two year rule) and Section 2-11.1 (s) (lobbying) to a former County employee who was employed <br />by a private engineering firm. The Ethics Commission ruled that the two year rule restriction <br />outlined in these sections is "broad and covers any activity where you attend meetings and are <br />publicly identified as part of CSA's lobbying team." The only permissible scope of activity <br />would include "submitting routine administrative requests or applications, such as filing <br />documents or requesting information." <br /> <br />04- 33 March 1. 2004 <br /> <br />In RQO 04-33, the Ethics Commission considered the applicability of Section 2-11.1(q) (the two <br />year rule) and Section 2-11.1(s) (lobbying) to former employees of the County's Building <br />Department. <br /> <br />In particular, the Ethics Commission addressed the following two issues: <br /> <br />(1) whether former employees, who are self employed, could engage in the following activities: <br />. Represent building code violators at ticket appeal hearings <br />· Negotiate settlement agreements with department staff on unsafe structures cases and <br />ticket cases <br />. Interact with department staff in order to obtain building permits for clients <br /> <br />(2) whether former employees, who work for developers, could engage in the following <br />activities: <br />· Submit permit applications and plans for processing <br />. Meet with County staff to discuss the timeliness of plan review <br />· Meet with County staff to review and to discuss requested modifications to plans as part <br />of the permitting process <br /> <br />The Ethics Commission ruled that representing building code violators at ticket appeal hearings <br />and negotiating settlement agreements with department staff on behalf of third parties "would <br />clearly constitute lobbying, as it is defined under Section 2-11.1(s)," The Ethics Commission <br />reasoned that such activities seek "some action, decision or recommendation by County staff on <br />behalf of third parties" and do not fall within the permissible scope of "routine administrative <br />requests." The Ethics Commission also found that interacting with department staff in order to <br />
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