Rules on 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. After leaving a government job,state officials are restricted by both a "one-year" ban against certain types of activity, and a "permanent" ban against very specific types of activity. The duration of the one-year ban is extended for a Member of the Legislature who resigns from office. For certain local officials and air pollution control/air quality management district members, officers, or employees, post-employment activities are also restricted by similar "one-year" bans. Additionally, all public officials who are anticipating leaving governmental service are restricted from attempting to influence their prospective employment opportunities while working for a government agency.
One-Year Ban: 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. 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. With respect to a Member of the Legislature who resigns from office, the duration of the state one-year ban begins with the date of the resignation and ends one year after the adjournment sine die of the legislative session in which the resignation occurred.
Permanent Ban: 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: The Act 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:
If you still have questions, you can Ask the FPPC for Advice.