Restrictions when Leaving Government Service
Overview of Post-Employment Restrictions
The Political Reform Act places several restrictions on the activities of public officials who are leaving governmental employment. The post-employment activities of former state officials are restricted by both the "one-year" ban of Government Code Section 87406 and the "permanent" ban of Government Code Sections 87400-87405. For certain local officials and air pollution control/air quality management district members, officers, or employees, post-employment activities are restricted by the "one-year" bans of Government Code Section 87406.3 and 87406.1. Additionally, Government Code Section 87407 restricts the activities of all public officials who are anticipating leaving governmental service.
The post employment activities of former state officials; air pollution control/air quality management district members, officers, and employers; and local officials are restricted under respective one-year bans. (Government Code Sections 87406, 87406.1, and 87406.3.) While there are subtle differences between the various one-year bans, generally, the bans restrict officials, for one year after leaving governmental service, from being paid to communicate with their former agency in an attempt to influence certain actions or proceedings.
Government Code Sections 87400-87405 permanently prohibit former state officials from being paid to appear in a proceeding involving specific parties (e.g., a lawsuit, administrative law judge hearing, or a state contract) in which the official previously participated.
Ban on Influencing Prospective Employers:
Government Code Section 87407 prohibits all public officials from making, participating in making, or influencing a governmental decision that directly relates to a prospective employer.
For detailed information regarding revolving door and other post employment issues when leaving a state or local governmental agency see the following facts sheets:
- Leaving Your State Job: Revolving Door and Other Post-Employment Issues for State Officials.
- Government Code Sections 87408, 87409, and 87410: Revolving Door Provisions for Former CalPERS and CalSTRS Officials
- Leaving Local Governmental Service: Revolving Door and Other Post-Employment Issues for Local Officials.
In addition, you may contact the FPPC for assistance toll-free at 1-866-ASK-FPPC or by mail at:Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814