(a) Definitions. For purposes of this section:
DEPARTURE DATE means the last day of employment with the city. When leave time is taken prior to termination, the departure date is the last day of the leave period.
FORMER CITY OFFICER shall mean any person, who immediately prior to his or her departure date with the city, was:
a. The city manager, assistant city manager, city attorney, city secretary, city auditor, municipal judge or municipal pro tem judge;
b. A director or assistant director of a city department; or
c. An employee of the city who had substantial and personal involvement in the handling of a matter as defined herein.
Notwithstanding the foregoing, a FORMER CITY OFFICER does not include any individual whose employment with the city was terminated or eliminated due to job outsourcing.
JOB OUTSOURCING means the transfer under an arrangement overseen by the city manager of an individual's job duties with the city to another entity that will employ that individual to carry out the same or similar job duties.
SUBSTANTIAL AND PERSONAL INVOLVEMENT means that a person, either as a person assigned to handle or participate in the handling of the matter or as a supervisor making decisions with respect to the matter, exercised discretion or decision-making in the handling of a matter.
(b) No former city officer shall, during the one year period following his or her departure date from the city, communicate directly with a member of the city council, a city employee, or a board or commission to influence municipal legislation or administrative action unless lobbying on behalf of another governmental agency as its employee or as a consultant under contract with the governmental agency. This subsection does not apply to a board or commission that is only advisory in nature.
(c) No former city officer shall, within one year period following his or her departure date, enter into a contractual relationship with the city or hold more than a 20% interest in any entity that has a contractual relationship with the city. Any violation of this subsection, with knowledge, express or implied of the person or entity will render the contract voidable by the city manager or the city council. If the contract is voided, the individual or company shall be barred from additional contracting with the city for a period of three years. This subsection does not apply to contracts awarded on a competitive bid basis.
(d) A former city officer shall be prohibited from communicating directly with the mayor, a member of the city council or a city employee in an attempt to secure access to information not otherwise available to the general public.
(e) Nothing in this subsection shall prohibit a former city officer from accepting employment with the city or another entity following his departure date.
(f) Nothing in this subsection shall prohibit a former city officer from serving on a city board or commission.
(g) A former city officer is afforded the same rights as any citizen to address the city council in public meetings for their own benefit or to make uncompensated direct communications to the city council relating to matters of purely civic or public concern
(h) Any violation of this section shall be punished by a fine of not more than $500 for each offense. Each day that a violation exists shall constitute a separate offense.
(Ord. 23981-12-2019, § 1, passed 12-10-2019, eff. 12-18-2019)