Former UC Employees as Independent Contractors

A former university employee may not enter into a contract as an independent contractor for two years from the date of separation to perform work related to contracts that were planned, negotiated, or executed by that employee.

A former university employee may not enter into a contract with any university department as an independent contractor for one year from the date of separation to perform work on a contract if he or she was employed by that department in a policymaking position in the same general subject area as that contract.

The rehire or reappointment of UC employees after retirement, consistent with university administrative policies, is permitted.

University departments requiring the services of a former UC employee should consult with the Purchasing Department to determine whether the former employee is subject to the prohibition.

Penalties and Remedies
Penalties for failure to comply with the section of the Public Contract Code formerly known as SB 1467 are serious and include personal criminal sanctions (felony), voiding the contract, and doubled damages.

For More Information
If you need to hire a consultant with the possibility that consultant might provide goods or implementation services recommended in the consultant’s findings, if you have or are considering UC employees providing goods or services as independent contractors, or if you have other questions or need further information regarding application of this legislation, please contact Bill Propst, Director of Purchasing at (310)794-6027 or wpropst@be.ucla.edu.

Acknowledgments: This article was adapted from materials drafted by UC Santa Cruz covering SB 1467.