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1®1:& <br />BEST BEST & KRIEGER <br />ATTORNEYS AT LAW <br />Memorandum <br />To: PUBLIC AGENCY CLIENTS File No.: 93939.00001 <br />From: BEST BEST & KRIEGER LLP <br />Date: DECEMBER 29, 2017 <br />Re: POLITICAL REFORM ACT, AND GOVERNMENT CODE SECTION <br />1090. EACH OF THESE MEASURES TAKE EFFECT ON <br />There were but a handful of bills passed by the Legislature and signed into law <br />by the Governor in 2017 affecting the state's public integrity statutes ---principally, the <br />Brown Act (Opening Meeting Law); Public Records Act, Political Reform Act, and <br />Government Code section 1090. Each of these measures take effect on January 1, <br />2018. Those bills are summarized here. <br />Political Reform Act <br />AB 551 (chapter 196) Levine. Pastemployment, ("revolving door") <br />restrictions ---local agency consultants now included. (Amends Section 87406.3 of <br />the Government Code, relating to the Political Reform Act of 1974. Signed by Governor <br />and chaptered on September 1, 2017.) <br />Current Law: The Political Reform Act of 1974 prohibits, for a period of one year <br />after an official leaves his or her position, elected and other specified local officials who <br />held positions with a local government agency, as defined, from acting as agents or <br />attorneys for, or otherwise representing, for compensation, any other person, by <br />appearing before, or communicating with, that local government agency, or any <br />committee, subcommittee, or present member of that local government agency, or any <br />officer or employee of the local government agency, if the appearance or <br />communication is made for the purpose of influencing administrative or legislative <br />action, or influencing any action or proceeding involving the issuance, amendment, <br />awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase <br />of goods or property. <br />Existing law excludes from this prohibition appearances and communications by <br />a board member, officer, or employee of another local government agency, or an <br />employee or representative of a public agency, as specified, if the individual is <br />appearing or communicating on behalf of that agency. <br />New Law: This bill would specify that the one-year prohibition applies to <br />independent contractors of a local government agency or a public agency who are <br />appearing or communicating on behalf of that agency. <br />93939.00001 \30416433.1 -1- <br />This product provided under the Public Policy & Ethics Group Program <br />