HB53 By Representative Ainsworth RFD Ethics and Campaign Finance Rd 1 02-FEB-16

SYNOPSIS: Under existing law, a retired director, department chief, or division chief of a governmental agency may not return to work or contract with the agency from which he or she retired for a period of two years following retirement.

This bill would authorize, under limited circumstances, a retired director, department chief, or division chief to contract with his or her former government employer immediately following retirement for the specific purpose of assisting the governmental agency with the transition period following his or her retirement provided the contract is approved by the Director of the Ethics Commission.

Additionally, this bill would specify that the prohibition against a former government official or employee serving as a lobbyist or otherwise representing clients before his or her former employee for a period of two years following employment applies when the former government official or employee worked pursuant to a consulting agreement or agency transfer or while on loan.

A BILL TO BE ENTITLED AN ACT

Relating to the Ethics Law; to amend Section 36-25-13, Code of Alabama 1975, to authorize, under limited circumstances, a retired director, department chief, or division chief of a governmental agency to contract with his or her former government employer for the specific purpose of providing assistance during the transitional period following retirement; and to specify that the prohibition against a former government official or employee serving as a lobbyist or otherwise representing clients before his or her former employee for a period of two years following employment applies when the former government official or employee worked pursuant to a consulting agreement or agency transfer or while on loan.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 36-25-13, Code of Alabama 1975, is amended to read as follows:

§36-25-13.

"(a) No public official shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, department, or legislative body, of which he or she is a former member for a period of two years after he or she leaves such membership. For the purposes of this subsection, such prohibition shall not include a former member of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.

"(b) Notwithstanding the provisions of subsection (a), no public official elected to a term of office shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer, before the board, agency, commission, department, or legislative body of which he or she is a former member for a period of two years following the term of office for which he or she was elected, irrespective of whether the member left the office prior to the expiration of the term to which he or she was elected. For the purposes of this subsection, such prohibition shall not include a former member of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.

"(c) No public employee shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, or department, of which he or she is a former employee or worked pursuant to an arrangement such as a consulting agreement, agency transfer, loan, or similar agreement for a period of two years after he or she leaves such employment or working arrangement. For the purposes of this subsection, such prohibition shall not include a former employee of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.

"(d) No Except as specifically set out in this section, no public official, director, assistant director, department or division chief, purchasing or procurement agent having the authority to make purchases, or any person who participates in the negotiation or approval of contracts, grants, or awards or any person who negotiates or approves contracts, grants, or awards shall enter into, solicit, or negotiate a contract, grant, or award with the governmental agency of which the person was a member or employee for a period of two years after he or she leaves the membership or employment of such governmental agency. Notwithstanding the prohibition in this subsection a person serving full-time as the director or a department or division chief who has retired from a governmental agency may enter into a contract with the governmental agency of which the person was an employee for the specific purpose of providing assistance to the governmental agency during the transitional period following retirement, but only if all of the following conditions are met:

"(1) The contract does not extend for more than three months following the date of retirement.

"(2) The retiree is at all times in compliance with Section 36-27-8.2.

"(3) The compensation paid to the retiree through the contract, when combined with the monthly retirement compensation paid to the retiree, does not exceed the gross monthly compensation paid to the retiree on the date of retirement.

"(4) The contract is submitted to and approved by the Director of the Ethics Commission as satisfying the above conditions prior to the date the retiree begins work under the contract.

"(e) No public official or public employee who personally participates in the direct regulation, audit, or investigation of a private business, corporation, partnership, or individual shall within two years of his or her departure from such employment solicit or accept employment with such private business, corporation, partnership, or individual.

"(f) No former public official or public employee of the state may, within two years after termination of office or employment, act as attorney for any person other than himself or herself or the state, or aid, counsel, advise, consult or assist in representing any other person, in connection with any judicial proceeding or other matter in which the state is a party or has a direct and substantial interest and in which the former public official or public employee participated personally and substantially as a public official or employee or which was within or under the public official or public employee's official responsibility as an official or employee. This prohibition shall extend to all judicial proceedings or other matters in which the state is a party or has a direct and substantial interest, whether arising during or subsequent to the public official or public employee's term of office or employment.

"(g) Nothing in this chapter shall be deemed to limit the right of a public official or public employee to publicly or privately express his or her support for or to encourage others to support and contribute to any candidate, political committee as defined in Section 17-22A-2, referendum, ballot question, issue, or constitutional amendment."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Ethics

State Employees

Counties

Municipalities

Lobbyists

Legislature

Retirement

Code Amended