(a) No former officer or employee of the city shall disclose any information that by law or practice is not available to the public and that the former officer or employee acquired in the course of the former officer’s or employee’s official duties or use the information for the former officer’s or employee’s personal gain or the benefit of anyone.
(b) No former officer or employee of the city shall within a period of one year after termination of city service or employment and for compensation appear before any city agency in relation to any case, proceeding, or application with respect to which such person was directly concerned or that was under the person’s active consideration while employed or in the service of the city.
(c) (1) A former officer or employee of the city may, within a period of one year after termination of city service or employment and for compensation:
(A) Appear before any city agency in any case, proceeding, or application, with respect to which knowledge or information in relation to such case, proceeding, or application, was made available to the former officer or employee during the term of employment or service; or
(B) Assist another person or business, including but not limited to one in which such person is an officer or employee, in any official act or action by the city; provided that in either instance the former city officer or employee shall first file an affidavit as provided below.
(2) Such former officer or employee of the city shall file a sworn affidavit with the city agency involved stating that the former officer or employee:
(A) Was not directly concerned with;
(B) Did not actively consider;
(C) Did not participate in; and
(D) Was not given access to knowledge or information not readily available to the public during the period of active service or employment;
with respect to such case, proceeding or application or other matter before the city agency. All city agencies that receive such an affidavit shall forward a copy to the ethics commission.
(d) For the purposes of this section, the term “appear before any city agency” includes acting as an agent or attorney for, or otherwise representing, any other person or business in any formal or informal appearance.
“Appear” also includes making any oral or written communications, including letters or telephone calls, to any city agency or personnel with the intent to influence on behalf of any other person or business. The date of termination of city service or employment shall be defined as the date upon which a person’s resignation, dismissal, or retirement takes effect.
(e) No officer or employee of the city shall do business with any former officer or employee who falls within the scope of this section, unless such former officer or employee first files a sworn affidavit as provided herein.
(f) Any former officer or employee who falls within the scope of this section and who makes a false statement in the person’s sworn affidavit or files a false affidavit has committed perjury and is thereby subject to HRS Chapter 710 (Penal Code), § 710-1060, and will be punished as provided in HRS Chapter 710.
(g) This section shall not prohibit any city agency from contracting with a former officer or employee to act on a matter on behalf of the city within the period of limitation stated herein and shall not prevent such officer or employee from appearing before any city agency in relation to such employment.
(Sec. 6-1.3, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 3, Art. 8, § 3-8.3) (Am. Ords. 90-96, 96-58)