QUESTION
What restrictions exist for former attorneys or lobbyists representing clients with business before the city when entering city government roles?
1:35:04
·
5 min
The council member explains that there are no explicit pre-employment restrictions under Chapter 68 for individuals previously working as attorneys or lobbyists representing clients with business before the city when they enter city government roles.
- While no blanket restrictions prevent communication with former clients, public servants are prohibited from being involved in matters related to any ongoing financial interests with former clients or firms.
- This includes unpaid bills, partnership dissolutions, or other financial ties that take time to fully resolve after leaving prior roles.
- However, there are no rules explicitly preventing advocacy on behalf of former clients from within city government roles.
Lincoln Restler
1:35:04
WE SHARE YOUR ASSESSMENT.
1:35:05
WE THINK THAT MANY OF THE RECOMMEND that you made in 2009 were smart and appropriate, and we do hope to revisit them.
1:35:14
One item that I believe you considered back then related to pre employment restrictions and a proposed cooling off period for public servants when they enter city service.
1:35:26
We'll stick with the example of the day because it's just easier to to use specifics.
1:35:33
Mister Corona famously was an attorney for many different clients with business before the city when he was appointed chief of staff.
1:35:45
Are were there any are there currently any restrictions that are in place for someone like that who has been an attorney for clients with business before the city, lobbyists for real estate clients, lobbyists for others.
1:35:54
When they enter city hall, can they continue to talk to their former clients and advocate for their interest from the inside?
Ethan Carrier
1:36:01
So So chapter 68, you're correct, and and that was one of the one of the proposals in the, I believe, in the 2009 Turner revision recommendations for our board.
1:36:12
Chapter 68 does not contain a pre employment restriction.
1:36:15
There are other jurisdictions that have such pre employment at restrictions.
1:36:19
But that's not to say that the charter doesn't restrict conduct of public servants who've recently entered city service with regard to some of their prior interests.
1:36:30
In so far as they continue to have any kind of financial connection, unpaid bills that haven't been paid yet continuing to have, say, if they've dissolved the membership and a partnership, the time that it takes to dissolve that membership and how they're be paid out for that.
1:36:53
When those financial interests continue to exist for that duration of time, a a public servant still is prohibited under charter section 2604b3 from being involved in matters involving you know, whoever that is, whether person firm, whether they still have that.
1:37:15
But there isn't an express pre employment restriction?
Lincoln Restler
1:37:20
Well, we appreciated the recommendations that you made in 2009 to consider greater pre employment restrictions, and I think we'd be very interested in working together with you to revisit it.
1:37:31
I do just have one last question for you all.
1:37:33
For the moment.
1:37:34
I apologize.
1:37:34
I may I may think of others.
1:37:37
But I wanted to ask you about a comment you made, Mister Carrier, that relates to a lifetime particular matter banned for issues that somebody works on when they're in city hall.
1:37:50
For positions like chief of after the mayor that touch just about everything of consequence.
1:37:58
What review is conducted by Koi or otherwise to determine what are the issues that individual x is not permitted to work on subsequently following their service in local government.
Ethan Carrier
1:38:15
Ressler, we because we are just an agency with currently 22 people, we we do not doctor review of that type.
1:38:25
You know, we don't go out to do that.
1:38:27
But many public servants come to us to seek advice about that subject.
1:38:32
And then we will review, you know, the the questions they've got and try to help
Lincoln Restler
1:38:38
Like, for a position like this one, just as an example, or a deputy mayor, that's touched so much in city government while they work here, how can you evaluate the scale of of issues to that they can should no longer be engaged with.
Ethan Carrier
1:39:02
Alright.
1:39:03
Really the information about what they have worked on, what particular matters they have worked on, and the standard is worked on personally in some stantially is something is information that they or their agency would have to provide to us.
1:39:17
We obviously don't.
1:39:18
You know, we're an independent agency.
1:39:20
We We don't know what the day to day work of Yeah.
1:39:23
Every public servant.
Lincoln Restler
1:39:24
No.
1:39:24
Look, I I'm super sympathetic.
1:39:26
You've got 22 people, and you know, dozens of folks asking you every single day for advice and guidance is a lot on your plate with a relatively limited capacity.
1:39:36
Appreciate the longstanding recommendations you've had to have more investigative capacity in house to be able to take ownership for more of this work.
1:39:45
But It feels like a sisophian task to be trying to to hope that all 20,000 people that are leaving to the government every year are following their post employment restrictions.
1:39:56
Indeed, we're only identifying three people a year who are.
1:40:00
And for something like this on the issues that the most senior officials are unable to work on or should not, you know, it's very challenging to have any oversight to inform what those issues are.
1:40:14
And I just I think it would be helpful to work together to think about you all could be resource to actually provide that oversight in a rigorous and effective way.
