California's Political Reform Act of 1974, embodied in the University of California (UC) Conflict of Interest Code, requires all state employees and officials to disqualify themselves from making or participating in certain decisions when a financial conflict of interest is present. The Act also prohibits UC employees from making, participating in, making, or influencing a governmental decision that directly relates to a prospective employer (Section 87407, Regulation 18747.) As UC employees, all Berkeley Lab employees are covered by the provisions of the Act.
Under California law and UC policy, certain designated Laboratory employees (designated officials) are required to file financial interest statements when they assume a designated official position, annually while they hold such a position, and when they leave it. In addition, designated officials are subject to post-employment restrictions.
One-Year Ban. The Political Reform Act prohibits designated officials, for one year after leaving UC service, from receiving compensation for representing any other person by appearing before or communicating with UC in an attempt to influence UC decisions involving the making of general rules (such as regulations or legislation), or to influence certain proceedings involving a permit, license, contract, or transaction involving the sale or purchase of property or goods (Government Code Section 87406, Regulations 18746.1 and 18746.2).
Permanent Ban on "Switching Sides." Under the Political Reform Act, designated officials are permanently barred from working on the other side of a proceeding in which they had participated while working for UC. A designated official may not receive compensation for representing any other person by appearing before or communicating with UC, nor for aiding, advising, counseling, consulting, or assisting in representing any other person before any State of California administrative agency in a proceeding involving specific parties (for example, a lawsuit, a hearing before an administrative law judge, or a state contract) in which the designated official had previously participated (Sections 87400-87405, Regulation 18741.1).
See http://www.lbl.gov/Workplace/RIIO/coi/index.html for a list of designated official positions at Berkeley Lab, and related links.
Printed
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