(Title amended by Ord. No. 182,259, Eff. 10-29-12.)
Section
24.21 Definitions.
24.22 Authority to Investigate and Refer.
24.23 Complaints.
24.24 Subpoenas and Subpoenas Duces Tecum.
24.25 Preliminary Enforcement Determination.
24.26 Probable Cause Determination.
24.27 Administrative Hearings.
24.28 Default Proceedings.
24.29 General Provisions.
(a) “Commission” means the Los Angeles City Ethics Commission.
(b) “Deputy Executive Director” means the Commission staff member who is authorized by the Executive Director to serve as the Commission’s executive officer when the Executive Director is absent or otherwise unable to serve.
(c) “Director of Enforcement” means the Commission staff member who is in charge of enforcement matters.
(d) “Ethics Officer” means a Commission staff member whose City job classification is ethics officer, including but not limited to Ethics Officer I, Ethics Officer II, and Ethics Officer III.
(e) “Executive Director” means the Commission’s executive officer.
SECTION HISTORY
Added by Ord. No. 167,974, Eff. 7-8-92.
Amended by: First Unnumbered Para. added, Subsec. (b)(4) and (b)(5) added, Subsec. (e)(7)(B)(3) added, Ord. No. 170,385, Eff. 3-17-95; Subsec. (d)(9) added, Ord. No. 170,219, Eff. 2-10-95; Section Title and References to Charter Sections, Ord. No. 172,930, Eff. 1-10-00, Oper. 7-1-00; Subsec. (b)(4)(B), Ord. No. 173,269, Eff. 6-25-00, Oper. 7-1-00; Ord. No. 173,587, Eff. 12-7-00; Ord. No. 173,869, Eff. 5-14-01.
Renumbered from Sec. 24.1.2 by Ord. No. 182,265, Eff. 10-29-12.
Amended by: Subsecs. (c)(4) and (e)(7), Ord. No. 182,362, Eff. 1-30-13; Title and Section, Ord. No. 182,907, Eff. 4-2-14.
(a) In connection with Commission investigations and enforcement actions, the Executive Director and the Commission staff may inspect books, records, and electronic data; receive and investigate complaints; administer oaths; certify to official acts; issue subpoenas for the attendance of witnesses or the production of books, accounts, documents, electronic data, or testimony in any relevant inquiry, investigation, hearing, or proceeding.
(b) The Executive Director and the Director of Enforcement may administer oaths and affirmations on behalf of the Commission and may delegate that authority to any Ethics Officer.
(c) The Executive Director and the Commission staff may divulge evidence of possible unlawful conduct discovered during an investigation to the following:
(1) A government attorney authorized by law to prosecute the unlawful conduct;
(2) A government agency with the authority to investigate or enforce laws relating to the unlawful conduct; or
(3) A government agency with the authority to discipline City employees for the unlawful conduct.
SECTION HISTORY
Added by Ord. No. 182,907, Eff. 4-2-14.
(a) A complaint alleges possible violations of state or City laws relating to campaign financing, lobbying, conflicts of interests, or governmental ethics.
(1) Any person may file a complaint with Commission staff.
(2) Commission staff may internally initiate a complaint based on personal knowledge, an audit, a staff referral, a referral from another government or law enforcement agency, a news article, or another source of information that may indicate a possible violation.
(3) Concerns raised at public meetings or to members of the Commission are not complaints.
(4) Complaints are confidential and are not subject to disclosure as required to preserve the confidentiality mandated by Charter Section 706.
(b) Commission staff will process and review all complaints.
(c) A complaint is most helpful if it is in writing, is dated by the complainant, and contains the following information with as much detail and specificity as possible and to the best of the complainant’s knowledge and belief:
(1) The name and address of the alleged violator;
(2) The provisions of law allegedly violated;
(3) Facts evidencing the alleged violations;
(4) The names and addresses of potential witnesses; and
(5) An address, telephone number, and email address at which the complainant may be reached during normal business hours.
(d) Based on the initial review of a complaint, Commission staff may do one or more of the following:
(1) Continue to investigate the allegations in the complaint;
(2) Refer the complaint or the complainant to another government or law enforcement agency;
(3) Take no action for reasons which may include, but are not limited to, the following:
(A) The complaint does not contain sufficient facts or information to pursue an investigation;
(B) The evidence does not support the allegations;
(C) The complaint expresses opinions rather than specific, actionable allegations;
(D) The allegations in the complaint have already been disposed of as a result of another complaint or are already under investigation by the Commission or another government or law enforcement agency; or
(E) The Commission has no jurisdiction over the allegations in the complaint.
SECTION HISTORY
Added by Ord. No. 182,907, Eff. 4-2-14.
Amended by: Ord. No. 185,034, Eff. 8-14-17.
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