Frequently Asked Questions About California Legislative Ethics

Does the “revolving door” limitation apply to legislators and staff alike? Under Article IV, Section 5(e) of the state constitution, “The Legislature shall enact laws that prohibit a Member of the Legislature whose term of office commences on or after December 3, 1990, from lobbying, for compensation, as governed by the Political Reform Act of 1974, before the Legislature for 12 months after leaving office.” No such limitation in the constitution or statute applies to legislative staff.

Can lobbyists communicate by phone or text with Assembly Members? Pursuant to Assembly Rule 117.5, while on the Assembly Floor during any session, or while serving on a committee during a hearing, Members cannot use cell phones to make or receive calls, nor send or receive text messages from any lobbyist.

Have both houses adopted a formal Standards of Conduct for their Members? The Senate has adopted an official Code of Conduct for its members, while the Assembly has not. Nonetheless, both houses have extensive ethics and conflicts of interest rules, and both are bound by constitutional and statutory ethics rules as well.

Does the $10 gift rule, which has been in effect since 1974, apply equally to lobbyists and lobbyist employers? The monthly $10 gift limitation is only imposed upon registered lobbyists. Lobbyist employers have a yearly gift cap of $590.

Can only a court of law remove a legislator from office? Under Article IV, Section 5(a)(1) of the state constitution, “each house of the Legislature shall judge the qualifications and elections of its Members and, by rollcall vote entered in the journal, two-thirds of the membership concurring, may expel a Member.”

May legislators accept any income from a lobbying firm? No, Members of the Legislature are prohibited from knowingly receiving any salary, wages, commissions, or other similar earned income from a lobbyist or lobbying firm, or from a person who, during the previous 12 months, has been under a contract with the Legislature.

Can legislators accept any honorarium? No, Members of the Legislature are prohibited from accepting any honorarium.

Can legislators be paid to represent someone before an executive branch entity? No, Members of the Legislature are prohibited from knowingly accepting any compensation for appearing, agreeing to appear, or taking any other action on behalf of another person before any state government board or agency. There are a few exceptions.

Is a legislator who is an attorney prohibited from practicing law? No, a Member who is an attorney at law may practice in that capacity before any court or before the Workers’ Compensation Appeals Board and receiving compensation for their work.

What happens is a legislator has personal interest in pending legislation? A Member of the Legislature may not participate, by voting or any other action, on the floor of either house, in committee, or elsewhere, in the passage or defeat of legislation in which he or she has a personal interest, except in specified circumstances.

When does a legislator have an interest that is in substantial conflict with the proper discharge of his or her duties in the public interest? When the legislator has reason to believe or expect that he or she will derive a direct monetary gain or suffer a direct monetary loss by reason of his or her official activity.

What are prohibitions imposed on legislative employees? An employee of either house of the Legislature is prohibited, during the time he or she is employed, from committing any act or engage in any activity prohibited by the ethics laws. The provisions that are applicable to a Member of the Legislature are also applicable to any employee of either house of the Legislature.

Are there any exceptions for legislative employees? Yes, the law does not prohibit an employee of either house of the Legislature from serving in an elective or appointive office of a regional or local public agency.

What happens with inducement of a legislator? No person can induce or seek to induce any Member of the Legislature to violate any provision of law.

What happens with someone who violates the Legislative Code of Ethics? Every person who knowingly and willfully violates any provision is guilty of a misdemeanor, and every person who conspires to violate any provision is guilty of a felony.