Frequently Asked Questions about the Executive Branch Revolving Door Limit

What is the “revolving door”? When legislative or executive branch officials leave government service, it is often referred to as the “revolving door” between the public and private sectors.

Are elected members of the legislative branch subject to the “revolving door” limitation? Yes, this law is found in Article IV, Section 5(e) of the California Constitution.

Are executive branch officials of state government also subject to this limitation?  Yes. Article V, Section 14(e) provides that “the Legislature shall enact laws that prohibit a state officer, or a secretary of an agency or director of a department appointed by the Governor, who has not resigned or retired from state service prior to January 7, 1991, from lobbying, for compensation, as governed by the Political Reform Act of 1974, before the executive branch of state government for 12 months after leaving office.”

To whom does the executive branch revolving door prohibition apply? This provision of the state Constitution applies to the elected constitutional officers (there are 9 such offices), as well as agency secretaries (i.e., members of the Governor’s cabinet) and department directors, who are appointed by the Governor and confirmed by the State Senate.

Who is a state officer? Article V, Section 14(f) defines “state officer” as the Governor, Lieutenant Governor, Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer, and the members of the State Board of Equalization.

What statutes have been enacted by the Legislature applicable to executive branch officials? There are statutory provisions that provide further guidance on the revolving door limitation in Government Code Title 9, Chapter 7, Article 4, which concerns the disqualification of former officers and employees. It begins with Section 87406.

What is the name of California’s revolving door statute? It is known as the “the Milton Marks Postgovernment Employment Restrictions Act of 1990.”

Which section of the Milton Marks Act applies to the nine elected state officers? It is Government Code Section 87406(c).

For how long is the revolving door limitation? It applies for a period of one year after leaving office.

What is the limitation? A state officer cannot be paid to “act as an agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before any state administrative agency, or any officer or employee thereof, if the appearance or communication is for the purpose of influencing administrative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.”

 How is an “appearance before a state administrative agency” defined? It does not include an appearance in a court of law, before an administrative law judge, or before the Workers’ Compensation Appeals Board.

Is there a prohibition for state agencies employees? Yes, a similar law applies to certain employees of state agencies, which is found in Government Code Section 87406(d)(1).

Which employees of state agencies are covered? “A designated employee of a state administrative agency, any officer, employee, or consultant of a state administrative agency who holds a position that entails the making, or participation in the making, of decisions that may foreseeably have a material effect on any financial interest, and a member of a state administrative agency.”

For how long is this revolving door limitation applicable? It is for a period of one year after leaving office or employment.

What is the limitation? A designated state agency employee cannot be paid to “act as agent or attorney for, or otherwise represent, any other person, by making any formal or informal appearance, or by making any oral or written communication, before any state administrative agency, or officer or employee thereof, for which the individual worked or represented during the 12 months before leaving office or employment, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.”