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2014 California Rules of Court

Rule 10.104. Limitation on contracting with former employees

(a) Trial and appellate court contracts with former employees

A trial or appellate court may not enter into a contract for goods or services for which compensation is paid with a person previously employed by that court or by the Administrative Office of the Courts:

(1)For a period of 12 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she was employed in a policymaking position in the same general subject area as the proposed contract within the 12-month period before his or her retirement, dismissal, or separation; or

(2)For a period of 24 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by the court or the Administrative Office of the Courts.

(b) Administrative Office of the Courts contracts with former employees

The Administrative Office of the Courts may not enter into a contract for goods or services for which compensation is paid with a person previously employed by it:

(1)For a period of 12 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she was employed in a policymaking position at the Administrative Office of the Courts in the same general subject area as the proposed contract within the 12-month period before his or her retirement, dismissal, or separation; or

(2)For a period of 24 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by the Administrative Office of the Courts.

(Subd (b) amended effective January 1, 2007.)

(c) Policymaking position

"Policymaking position" includes:

(1)In a trial court, the court's executive officer and any other position designated by the court as a policymaking position;

(2)In an appellate court, the clerk/administrator and any other position designated by the court as a policymaking position; and

(3)In the Administrative Office of the Courts, the Administrative Director of the Courts, the Chief Deputy Director, any director, and any other position designated by the Administrative Director as a policymaking position.

(d) Scope

This rule does not prohibit any court or the Administrative Office of the Courts from (1) employing any person or (2) contracting with any former judge or justice.

Rule 10.104 amended and renumbered effective January 1, 2007; adopted as rule 6.104 effective January 1, 2004.

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