|
elty or Ltncago :: Post Employment Restrictions
<br /> Page 1 of 2
<br /> Post Employment RestrictionsEnosh Espanol 1 mst 1 Poiski 1
<br /> Every government ethics law has post-employment or"revolving door'restrictions,designed to prevent former
<br /> government officials and employees from improperly profiting from their government ties or°inside"knowledge. After
<br /> you leave your City employment or service(whether voluntarily,Involuntarily or by retirement),there may be certain
<br /> activities,matters or projects with or before the City on which you cannot work. These prohibitions may last for 1 or 2
<br /> years,or perhaps longer. The restrictions are in the City's Governmental Ethics Ordinance,and some recent
<br /> amendments are effective July 1,2013. This brief guide explains how Chicago's restrictions work.
<br /> ETHICS PLEDGE: Department heads,non-clerical Mayoral employees,and appointees,and other Executive
<br /> Branch Shakman-exempt employees must,within 2 weeks of being hired or appointed,sign an ethics pledge
<br /> acknowledging that they will abide by these lobbying restrictions.
<br /> PROHIBITIONS
<br /> There are 6 key prohibitions. They BEGIN After you leave your City employment or service,not when you move from
<br /> one city position to another.
<br /> 1. First,department heads and non-clerical employees of the Mayor's Office may not,for two years after
<br /> leaving City service,lobby'any City department,employee or official.After January 1,2014,aldermen will be
<br /> prohibited from lobbying any City department,employee or official for a period of one year after leaving office.
<br /> 2. Second,other former Shakman-exempt City employees from the Executive Branch",and Mayoral appointees to
<br /> City boards or commissions,may not,for two years after leaving City service,lobby the City department,
<br /> agency or commission in which they served,or any City employee or official in a department,agency or
<br /> commission in which they served.
<br /> 3. Third,for 1 year after a City employee or official leaves City service or employment,he or she may not assist
<br /> (even"behind the scenes"),represent or lobby for any person,like a new employer or client,on a business
<br /> transaction that involves the City if,while in City service,he or she was personally and substantially involved in the
<br /> "subject matter"of that transaction. What is the'subject matter'of work that a new employer or client has asked
<br /> someone to work on?That's often a fact-dependent,complex question. A City employee or official exploring a job
<br /> offer with a person or company that deals with City government should contact Board legal staff to discuss how
<br /> this restriction applies.
<br /> 4. Fourth,if a former City employee or official exercised'contract management authority°with respect to a City
<br /> contract,he or she may not assist any person(like a new employer or new client)on that contract.This restriction
<br /> is"permanent"—in other words,for the life of that contract."Contract management authority°means being
<br /> personally involved in or having direct supervisory responsibility for the formation or performance of a City
<br /> contract.It includes preparing contract specifications,evaluating bids or proposals,negotiating contract terms,
<br /> supervising contract performance,or approving payment vouchers.
<br /> 5. Fifth,a former City employee or official cannot assist or represent any person other than the City(like a new
<br /> employer or new client)in any judicial or quasi-judicial proceeding involving the City if he or she was counsel of
<br /> record or personally and substantially involved in that proceeding during City service. This bar lasts throughout
<br /> the proceeding.
<br /> 6. Sixth,a former City employee or official may not ever disclose information acquired in the course of City service,if
<br /> that information is not available to the public.
<br /> Last,there's a prohibition that applies to current City officials and employees. A City employee or official cannot
<br /> negotiate possible future employment with any person(except another government entity)with a matter pending
<br /> before him or her.
<br /> `Lobby"means to act on behalf of another person,like an employer or client,to influence any City action,like a
<br /> contract,tax increment financing matter,real estate development,zoning permit,official endorsement or
<br /> recommendation,or an Ordinance change or other City Council matter.
<br /> " This does not apply to City Council employees.
<br /> 4 NOTES
<br /> 1. First,there is a GOVERNMENT TO GOVERNMENT EXCEPTION:these restrictions do not apply to former City
<br /> official employees or officials who become employed by and act on behalf of another government agency.
<br /> 2. Second,these restrictions do NOT prohibit former City employees or officials from accepting employment with any
<br /> specific person,organization or firm after leaving City employment. Rather,they're matter-based:there may be
<br /> certain projects or matters on which the former City employee or official may not work.
<br /> 3. Third,they're personal to the former employee or official:any restrictions apply to the former employee or official,
<br /> personally.One's new employer or client is not prohibited from having City transactions or contracts on which one
<br /> personally is prohibited from working. But,there must be a proper"ethical screen'established so that they the
<br /> former City official or employee does not assist,represent or lobby for the new employers or clients on those
<br /> matters.
<br /> 4. Fourth,the Board recognizes a"trade-skill exception":the Ordinance's goals are not furthered by prohibiting
<br /> former City employees from performing trade skills they've developed and acquired,where no specialized
<br /> knowledge City-specific ti regulations
<br /> Board falls this exception sa determination that must be made by the of Ethics based on the specific facts.
<br /> PENALTIES
<br /> There are severe penalties for violating these post-employment provisions. Any contract negotiated,entered into or
<br /> performed in violation of restrictions can be voided by the City. Violators can be fined up to$2,000 per offense.
<br /> Permits,licenses,rulings,determinations or other official City actions sought,obtained or begun in violation of the
<br /> https://www-cityofchicago.org/city/en/depts/ethics/supp_info/post-employ-rest.html 11/13/2015
<br />
|