Loading...
A. Each person nominated to a position in an agency subject to a conflict of interests code, where appointment is subject to confirmation by the City Council, shall file a financial disclosure statement with the Ethics Commission in the method prescribed by the Ethics Commission. The financial disclosure statement shall be filed within 21 days of the appointing authority’s transmission of the nominee’s appointment to the City Council.
B. Within five business days of receiving a complete financial disclosure statement from the appointee, the Ethics Commission staff shall forward a copy of the financial disclosure statement to the appointing authority and the City Council or its committee confirming the appointment.
A. Except at a public meeting, a member of a City board or commission shall not participate in the development, review, evaluation, or negotiation of or the recommendation process for bids, proposals, or any other requests for the award or termination of a contract, amendment, or change order involving that board, commission, or agency. This does not preclude individual members from reviewing documents and other information provided by agency staff when preparing for a public meeting at which the matter will be considered.
1. Each agency shall submit to the Ethics Commission information regarding every person who, during the relevant time period, was a party to an agency contract, was a bidder on an agency contract, or responded to a request for proposals for an agency contract. Submitting the information to the City Clerk or to another City database shall not be deemed compliance with this Section.
2. Agency information must include the name of the person, the date the bid or response was submitted, the date the contract was entered into, any contract or proposal number, a brief description of the contract, and any other information deemed necessary by the Ethics Commission.
3. Agency information must be submitted in a method prescribed by the Ethics Commission by the following dates:
a. Every January 31, covering the immediately preceding October 1 through December 31;
b. Every April 30, covering the immediately preceding January 1 through March 31;
c. Every July 31, covering the immediately preceding April 1 though June 30; and
d. Every October 31, covering the immediately preceding July 1 through September 30.
4. For each agency, the Ethics Commission shall update the database within 45 days after a quarterly filing deadline that is specified in paragraph 3 or the date the agency submits complete quarterly information, whichever is later. The database shall include a disclaimer noting the date of the last update for each agency.
5. If an agency fails to submit complete quarterly information within five business after a quarterly filing deadline specified in paragraph 3., the Ethics Commission staff shall notify every elected City officer and the agency’s general manager or chief administrative officer of the delinquency. Failure to comply within 10 business days of the date of the notice will subject the agency’s general manager, chief administrative officer, or responsible elected City officer to liability under Section 49.5.17.
6. For purposes of this Subsection, a City Council district is a distinct agency.
7. The City shall provide the Ethics Commission with adequate staffing and funding to create, maintain, and update the database.
A. Competitively Bid Contracts.
1. An awarding authority shall not award a contract to a bidder if it finds the following:
a. The Ethics Commission has found that the bidder violated City Charter Section 470(k) in the previous four years; and
b. The bidder lacks integrity such that it is unfit to perform the work specified in the contract. The awarding authority shall make that finding unless there are specific facts brought to its attention in writing that indicate otherwise.
2. If the findings in paragraph 1. are made, the awarding authority shall deem the bidder to be not responsible.
3. Prior to making a finding that a bidder is not responsible, the awarding authority shall do the following:
a. Notify the bidder of its intention to consider making the finding.
b. Offer the bidder an opportunity to present evidence and argue that, despite the violation, the awarding authority should not have reason to question the bidder’s integrity and fitness to perform the contract.
c. Hold an informal hearing at which the bidder and other interested parties may make presentations.
d. Consider the presentations of the bidder and other interested parties and be satisfied that the finding is merited.
B. Contracts Awarded on a Basis Other Than Competitive Bidding. The awarding authority shall not approve a contract with a party who has been found by the Ethics Commission to have violated City Charter Section 470
(k) within the previous four years.
C. Fee Waivers. A discretionary fee waiver of more than $1,000 shall not be granted for a person who has been found by the Ethics Commission to have violated City Charter Section 470
(k) within the previous four years.
D. Notice of Violations.
1. The Ethics Commission shall provide a copy of every Commission enforcement decision relating to a violation of City Charter Section 470(k) to the general manager or other head of each agency.
2. A person who submits a bid or proposal or requests a fee waiver shall include with the submission or request a copy of the Ethics Commission’s decision of violation.
3. A report that contains sufficient information to allow a decision-making body to comply with this Section shall be submitted to the decision-making body by the following:
a. By the City Clerk, when the City Council is the decision-making body.
b. By agency staff when a City board or commission is the decision-making body.
E. Reduction of Time Period. The Ethics Commission may reduce the time during which this Section applies to not less than one year if it finds that the contracting party has done either of the following:
1. Accepted responsibility for the violation by entering into a stipulation with the Ethics Commission in which the party admits the violation or otherwise exhibits evidence of having accepted responsibility; or
2. Mitigated the wrongdoing by taking prompt remedial or corrective action.
F. Waiver of Provisions. The City Council may waive any or all of the requirements in this Section if it finds that an overriding public policy consideration justifies doing so.
1. The finding must be approved in writing by a two-thirds vote of the City Council’s entire membership.
2. The finding must identify the nature of the overriding public policy consideration and the reason why that consideration justifies the waiver. A waiver is justified if it would result in a significant community or financial benefit to the City or if it is necessary to preserve the health, safety, or welfare of the public.
G. Exception. This Section, excluding Subsection D.1., does not apply to the following proprietary City departments: Airports, City Employees Retirement System, Harbor, Library, Pensions, Recreation and Parks, and Water and Power.
A. A member of a City board or commission who is required to file statements of economic interests pursuant to the Political Reform Act shall not receive compensation to communicate, either personally or through an agent, with a City official for the purpose of attempting to influence action on a City matter on behalf of a person other than an agency. This Subsection does not prohibit a member of a City board or commission from appearing before an agency in the same manner as any other member of the general public solely to represent themself in a matter related to their personal interests.
B. A former City official or agency employee who personally and substantially participated in a specific matter during City service shall not receive compensation to attempt to influence City action on that matter, either personally or through an agent, on behalf of a person other than an agency. Personal and substantial participation includes but is not limited to making or voting on a decision or making a recommendation, rendering advice, and conducting research or an investigation.
1. A former City official or agency employee shall not receive compensation to counsel or assist a person other than an agency regarding activity that is prohibited for the former City official or agency employee pursuant to this Subsection.
2. This prohibition applies as long as the matter is still pending before an agency or an agency is a party to the matter.
3. This prohibition does not apply when the former City official or agency employee participated in the matter in solely a ministerial capacity.
C. The following time-based restrictions on lobbying activities apply to former City officials.
1. For one year after leaving City service, a City official shall not receive compensation to attempt to influence, either personally or through an agent, City action on any matter pending before any agency on behalf of a person other than an agency if, during the 24 months preceding the official’s departure from City service, the official held any of the following positions: elected City officer; Board of Public Works Commissioner; General Manager; Chief Administrative Officer; Mayor’s Chief of Staff; Deputy Mayor; Mayoral Aide VII; Mayoral Aide VIII; Executive Assistant City Attorney; Chief Assistant City Attorney; Senior Assistant City Attorney; City Attorney Exempt Employee; Chief Deputy Controller; Administrative Deputy Controller; Principal Deputy Controller; Council Aide VI; or Council Aide VII.
2. For one year after leaving City service, all other former City officials shall not receive compensation to attempt to influence, either personally or through an agent, City action on any matter pending before an agency in which the City official served during the 24 months preceding the official’s departure from City service on behalf of a person other than an agency. Serving an agency means being directly employed by or being assigned or on loan to that agency.
D. This Section does not apply to the following:
1. Attempts to influence solely ministerial action on City matters.
2. Attempts to influence made by former City officials who are officers or employees of a governmental entity and are solely representing that entity in an official capacity.
E. By July 31 of every year, the City Controller shall submit to the Ethics Commission the names of each individual who held a position identified in Subsection C.1. during the preceding 24 months. By July 31 of every year, the City Clerk shall submit to the Ethics Commission the names of each individual who held a City Attorney Exempt position as provided in City Charter Section 1050(d) during the preceding 24 months.
F. Upon the petition of an interested party, a court or presiding officer in a judicial, quasi judicial, or other proceeding may exclude a person found to be in violation of this Section from further participating in or assisting another participant in a proceeding pending before that court or presiding officer. Notice and an opportunity to be heard must be provided.
Editor’s note: Section 2 of Ord. No. 182,842 provides that Subsection C. of Section 49.5.13 shall apply to City officials leaving City service on or after February 10, 2014. That Subsection C. also applies to City officials that left City service prior to February 14, 2014 by providing those City officials the benefit of any more permissive conduct allowed in Subsection C. if the conduct occurred after February 10, 2014.
A. The following limits on future employment apply to City officials.
1. The Mayor, the City Attorney, the City Controller, a general manager, and a chief administrative officer shall not directly or indirectly, knowingly or willfully negotiate the possibility of future employment or business opportunities with a person other than a governmental entity if the person has a matter that is currently pending before that City official or the City official’s agency.
2. A member of the City Council, a City board or commission, or another voting body of an agency who is required to file statements of economic interests pursuant to the Political Reform Act shall not directly or indirectly, knowingly or willfully negotiate the possibility of future employment or business opportunities with a person other than a governmental entity if the person has a matter that is currently pending before that City official or a body of which the City official is a voting member.
3. A City official other than one identified in Subsection 1. or 2. above shall not directly or indirectly, knowingly or willfully negotiate the possibility of future employment or business opportunities with a person other than a governmental entity if the person has a matter that is currently pending before that City official.
4. City officials shall not make, participate in making, or use their official City positions to influence a decision involving the interests of a person with whom they have an agreement concerning future employment or business opportunities.
B. A person who has a matter pending before a City official or a body of which the City official is a voting member shall not directly or indirectly, knowingly or willfully negotiate the possibility of future employment of or business opportunities for that City official.
C. A person has a matter pending if the person is a party to or is compensated to represent a party to the matter.
A. Ethics Training. All City officials are required to complete ethics training at the time of entering City service and once every two years thereafter. The training shall be developed by the Ethics Commission, in partnership with the Office of the City Attorney, and shall be structured to ensure that participants have knowledge to comply with all of the relevant ethics laws governing their service to the City.
B. Fraud Awareness Training. All full-time City employees are required to complete on-line training for fraud awareness at the time of entering City service and once every two years thereafter. The training shall be developed by the City Controller’s Fraud, Waste and Abuse Unit and provided by the Personnel Department as described in the Los Angeles Administrative Code.
A. Criminal Enforcement.
1. A person who does any of the following is guilty of a misdemeanor:
a. Knowingly or willfully violates a provision of this Article;
b. Knowingly or willfully causes another person to violate a provision of this Article; or
c. Aids and abets another person in violating a provision of this Article.
2. Prosecution shall be commenced within four years after the date of the violation.
3. A person convicted of a misdemeanor under this Article shall not act as a City lobbyist or contractor for four years following the date of the conviction, unless the court at the time of sentencing specifically determines that this provision shall not be applied.
4. For the purposes of this Section, a plea of nolo contendere shall be deemed a conviction.
B. Civil Actions.
1. A person who intentionally or negligently violates a provision of this Article shall be liable in a civil action brought by the City Attorney, the Ethics Commission, or a person residing within the City for an amount not more than the greater of $5,000 per violation or three times the amount the person failed to report, properly or unlawfully contributed, expended, gave, or received.
2. If two or more persons are responsible for any violation, they shall be jointly and severally liable.
3. A person other than the City Attorney, before filing a civil action pursuant to this Subsection, shall first file with the Ethics Commission a written request for the Ethics Commission to commence the action. The request shall contain a statement of the grounds for believing a cause of action exists. The Ethics Commission shall respond within 40 days after receipt of the request, indicating whether it intends to file a civil action. If the Ethics Commission indicates in the affirmative and files an action within 40 days thereafter, no other action may be brought unless the action brought by the Ethics Commission is dismissed without prejudice.
4. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action, a private plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited into the City’s General Fund. In an action brought by the City Attorney or the Ethics Commission, the entire amount shall be paid to the General Fund.
5. An action alleging a violation of this article may not be filed more than four years after the date the violation occurred.
6. The court may award to a party other than an agency who prevails in a civil action that party’s costs of litigation, including reasonable attorney fees. If the costs are awarded against the City, the payment of the award is the responsibility of the City, subject to City Council approval.
C. Injunctive Relief. A person residing within the City, including the City Attorney, may sue for injunctive relief to enjoin violations of or to compel compliance with this Article.
D. Administrative Penalties. The Commission may impose penalties and issue orders for violations of this Article pursuant to its authority under Charter Section 706(c).
E. Discipline. An appointed City official or agency employee who violates a provision of this Article shall be subject to administrative discipline by their appointing authority. Such discipline shall be administered in accordance with procedures prescribed by law or established by City policy. The Commission shall notify an agency when one of its City officials or employees is found to be in violation of this Article.
F. Other Governmental Entities. If a governmental entity that is required to adopt a conflict of interests code subject to City Council approval but is not otherwise within the City’s control adopts governmental ethics regulations governing the conduct of its current or former officers or employees, violations of those regulations are subject to civil and administrative enforcement and discipline under Subsections B. through E.
In addition to any other penalties, a person who files an original statement or report after a deadline imposed by this Article is liable to the Ethics Commission in the amount of $25 per day after the deadline until the statement or report is filed, up to a maximum of $500. Liability need not be enforced by the Ethics Commission if its executive officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the Article. Liability may not be waived if a statement or report is not filed within 30 days after receiving notice from the Ethics Commission staff that the statement or report is past due.
Loading...