ARTICLE VII CITY ETHICS COMMISSION; SPECIAL PROSECUTOR

(a) Establishment. There shall be a City Ethics Commission that shall have the powers, duties and responsibilities set forth in this Article and elsewhere in the Charter. The commission shall have five members, each of whom shall be a part-time commissioner.

(b) Appointment. The Mayor, the City Attorney, the Controller, the President of the Council and the President Pro Tempore of the Council shall each appoint one member to the commission. All appointments shall be subject to confirmation by a majority vote of the Council. An appointing authority shall not appoint their relative or the relative of any other elected City officer, a campaign consultant, or a major donor. For purposes of this provision: a relative includes a spouse, domestic partner, child, parent, sibling, or in-law; a campaign consultant includes an individual who has provided compensated advice or services to a political campaign or to a committee controlled by a City officeholder in the prior 12 months; and a major donor includes an individual who has qualified as a major donor under the Political Reform Act in the prior 12 months. A President and Vice President of the commission shall be selected by the commission and shall serve in those capacities as set forth in Section 503.

(c) Terms of Office. The members of the commission, including the president, shall serve staggered five-year terms beginning on July 1 and ending on June 30. No member who has served a complete five-year term shall be eligible for reappointment.

(d) Qualifications. Each member of the commission shall be a registered voter of the City. Neither a member of the commission nor its Executive Director shall seek election to any City office or Los Angeles Unified School District Board of Education office concerning which the commission has made a decision during the term of the commissioner or Executive Director unless the election for that office is to be held at least two years following the expiration of the term of office of the commissioner or Executive Director. During their tenure, neither a member of the commission nor its Executive Director shall:

(1) hold any other public office;

(2) participate in or contribute to a City election campaign;

(3) participate in or contribute to an election campaign for a member of the Los Angeles Unified School District Board of Education;

(4) participate in or contribute to a City official or member of the Los Angeles Unified School District Board of Education running for any elective office;

(5) employ or be employed as a person required to register as a lobbyist with the City of Los Angeles;

(6) have an ownership interest in a business (other than stock in a publicly traded company) that contracts with or seeks discretionary approvals from the City; or personally provide compensated services to the City under a contract;

(7) provide compensated advice or services to a political campaign or to a committee controlled by a City officeholder; or

(8) contribute to committees such that the individual qualifies as a major donor as provided under the Political Reform Act.

(e) Removal. A member of the commission may be removed by the member's appointing authority, with the concurrence of the Council by majority vote, or by a two-thirds vote of the Council for substantial neglect of duty, gross misconduct in office, inability to discharge the powers and duties of office, or violation of this Article, after written notice of the grounds on which removal is sought and an opportunity for a reply.

(f) Vacancies. Appointments to fill a vacancy on the commission shall be made within 90 days by the same appointing authority who appointed the prior holder of the position. An appointment to fill a vacancy shall be for the unexpired term of the member whom the appointee succeeds. A vacancy or vacancies shall not impair the right of the remaining members to exercise the powers of the Commission.

(g) Quorum. Three members shall constitute a quorum, and the concurring vote of at least three members shall be required to take any action.

(h) Compensation; Expenses. Members of the commission shall be compensated in the same manner and at the same rate as provided by Section 501. The members of the commission shall be reimbursed for expenses incurred in the performance of their official duties.

SECTION HISTORY

Amended by: Subsec. (d), Charter Amendment L, approved March 6, 2007, effective April 4, 2007; Subsecs. (b), (d), (e) and (f), Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.

Sec. 701. Executive Director, Commission Staff and Delegation of Authority.

(a) The commission shall appoint and has the authority to discharge an Executive Director, who shall act in accordance with commission policies and regulations and with applicable law. The Executive Director shall serve at the will of the commission, shall not be subject to civil service provisions, and shall have no property interest in the Executive Director’s employment. The commission shall establish a salary range for the Executive Director consistent with other City general managers, considering similar duties and responsibilities, and shall annually set or adjust the salary for the Executive Director from within that range. The Executive Director shall not serve in that capacity for more than ten years.

(b) The Executive Director shall appoint and has the authority to discharge commission staff members and prescribe their duties. Personnel of the commission shall serve at the will of the Executive Director, shall not be subject to civil service provisions, and shall have no property interest in their employment.

(c) The commission may delegate authority to the Executive Director to act on behalf of the commission between meetings of the commission, except that rules, regulations and adjudicatory decisions can only be acted upon by the commission.

SECTION HISTORY

Amended by: Subsecs. (a) and (b), Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.

Sec. 702. Duties and Responsibilities of the Ethics Commission.

The commission shall have responsibility for the impartial and effective administration and implementation of the provisions of the Charter, statutes and ordinances concerning campaign financing, lobbying, conflicts of interest and governmental ethics.

The City Ethics Commission shall have the following duties and responsibilities:

(a) to receive documents required to be filed pursuant to, and to otherwise administer, the provisions of Section 470 and to conduct audits as otherwise set forth in that Section;

(b) to receive documents required to be filed pursuant to, and to otherwise administer, the provisions of the City’s municipal lobbying ordinance;

(c) to act as the filing officer and to otherwise receive documents in any instance where the City Clerk would otherwise be authorized to do so pursuant to Chapters 4 and 7 of the California Political Reform Act of 1974 (Government Code Section 81000, et seq.), as amended;

(d) to audit disclosure statements and other relevant documents and investigate alleged violations of state law, the Charter and City ordinances relating to limitations on campaign contributions and expenditures, lobbying, governmental ethics and conflicts of interest and to report the findings to the City Attorney and other appropriate enforcement authorities. Audits shall be conducted of every candidate receiving public matching funds and may be conducted of other candidates and committees involved in City elections;

(e) to provide assistance to agencies and public officials in administering the provisions of the Charter and other laws relating to campaign finance, conflicts of interest and governmental ethics;

(f) to make recommendations to the Mayor and the Council concerning campaign finance reform, lobbying, governmental ethics and conflicts of interest and to report to the Council every three years concerning the effectiveness of these laws;

(g) to maintain a whistle-blower hot line;

(h) to annually adjust the limitation and disclosure thresholds required by City law to reflect any increases or decreases in the Consumer Price Index. Adjustments shall be rounded off to the nearest hundred dollars for the limitations on contributions and the nearest thousand dollars for the limitations on expenditures and the matching funds provisions of relevant ordinances;

(i) to assist departments in developing their conflict of interest codes as required by state law;

(j) to advocate understanding of the Charter, City ordinances and the roles of elected and other public officials, City institutions and the City electoral process;

(k) to have full charge and control of its office, to be responsible for its proper administration, to submit annually a proposed budget and to expend the funds of the office, all as otherwise prescribed by law; and

(l) to receive grants, gifts and appropriations, subject to the approval of the Council.

(m) to perform duties related to the Independent Redistricting Commission as provided in the Charter and by ordinance.

SECTION HISTORY

Amended by: Subsec. (m) added, Charter Amendment DD, approved November 5, 2024, effective January 8, 2025.

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