Lobbying Activities of Former City Officials
San Diego Municipal Code § 27.3550
in effect§27.3550 Lobbying Activities of Former City Officials
(a) It is unlawful for any former City Official who received compensation from the City to work on a particular project during his or her City service to engage in direct communication with the City, for compensation, with regard to any pending application for discretionary funding or discretionary entitlements before the City relating to that particular project on behalf of any person for a one-year period immediately following termination of service with the City or for a two-year period if he or she is a former elected City Official.
(1) For purposes of this section, “work on a particular project” means to take part personally and substantially in the project by rendering a decision, approval, or disapproval; by making a formal written recommendation; by conducting an investigation; by rendering advice on a significant basis; or by using confidential information.
(2) For purposes of this section, “project” means any matter where a private business has made an application to the City for discretionary funding or discretionary entitlements, or where the City exercises discretion to enter into a lease, agreement, or contract with a private business.
(b) It is unlawful for any former City Official, for compensation, to knowingly counsel or assist any person in connection with an appearance or communication in which the former City Official is prohibited from engaging pursuant to subsection (a) for a one-year period immediately following termination of service with the City, or for a two-year period if he or she is a former elected City Official.
(c) As a means of facilitating compliance with subsections (a) and (b) in instances where long-term projects may change in character and scope over time and where large projects have discrete components or phases, any former City Official may seek a written determination from the Ethics Commission regarding whether prospective direct communication on a particular project would constitute a violation of this section.
(d) It is unlawful for any former City Official to engage in direct communication for the purpose of lobbying the City if all of the following circumstances apply:
(1) the former City Official served as a City Official within the previous year, or within the previous two years if he or she is a former elected City Official; and
(2) the former City Official received compensation from the City for his or her service as a City Official; and
(3) the former City Official is receiving compensation to engage in the direct communication with the City.
(e) Except as set forth in subsection (f), which governs former elected City Officials and former Chief Operating Officers, the prohibitions contained in subsections (a), (b), and (d) do not apply:
(1) to prevent a former City Official from making or providing a statement, based on the former City Official’s own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received other than that regularly provided for by law or regulation for witnesses;
(2) to prevent any former City Official from representing himself or herself, or any member of his or her immediate family, in their individual capacities, in connection with any matter pending before the City;
(3) to the activities of any former City Official who is an officer, employee, or independent contractor of any Public Agency when that former City Official is solely representing that agency in his or her official capacity as an officer, employee, or independent contractor of the agency;
(4) to any ministerial act;
(5) to any individual appearing as a speaker at, or providing written statements that become part of the record of a Public Hearing; or
(6) to any communication among attorneys representing a party or potential party to pending or actual litigation brought by or against the City or City agent, officer, or employee.
(f) Former elected City Officials and former Chief Operating Officers are subject to the provisions of California Government Code section 87406.3 and any amendments thereto, which is hereby adopted by reference and incorporated into the City of San Diego Ethics Ordinance as if fully set forth herein. Accordingly:
(1) the exceptions in subsections (e)(1), (e)(5), and (e)(6) do not apply to a former elected City Official or to a former Chief Operating Officer; and
(2) the exception in subsection (e)(3) does not apply to a former elected City Official for a period of two years after leaving City service, or to a former Chief Operating Officer for a period of one year after leaving City service, when such individuals are communicating on behalf of a Public Agency as an independent contractor.
(“Lobbying Activities of Former City Officials” added 4-29-2002 by O-19055 N.S.)
(Amended 9-19-2006 by O-19538 N.S.; effective 10-19-2006.)
(Amended 10-15-2013 by O-20302 N.S.; effective 11-14-2013.)
(Amended 3-7-2019 by O-21045 N.S.; effective 4-6-2019.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art07Division35.pdf#page=11Fetched: 10/28/2026