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A. Title. This Article shall be known as the City of Los Angeles Governmental Ethics Ordinance.
B. Findings. The following findings are adopted in conjunction with the enactment of this Article:
1. As one of the great international cities of the world, Los Angeles will continue to confront great and complex opportunities and problems of both local and global significance.
2. One of the best ways to attract talented people to public service is to assure that the government is respected for its honesty and integrity; that its decisions are made on the merits, untainted by any consideration of private gain; and that the rules governing their conduct during and after leaving government service are as clear and complete as possible.
3. A governmental ethics ordinance that is as clear, tough, fair, comprehensive and effective as any in the nation is therefore needed.
C. Purposes. This Article is adopted to accomplish the following purposes:
1. To assure that individuals and interest groups in our society have a fair and equal opportunity to participate in the governmental process.
2. To assure that the governmental process itself promotes fairness and equity for all residents of the City regardless of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation or disability.
3. To require elected City officers and key City officials to disclose investments, interests in real property and income in order to prevent conflicts of interests.
4. To prevent elected City officers and key City officials from receiving outside earned income that creates a potential conflict of interests.
5. To prevent City officials from lobbying the City for certain periods of time after they leave City service.
6. To increase understanding of the City Charter and ordinances, the roles of elected City officers and other public officials, the roles of City agencies, and the City election process.
7. To help restore public trust in governmental and electoral institutions.
8. To assure that this Article is vigorously enforced.
The following terms have the meanings identified below. Other terms used in this Article have the meanings identified in the state’s Political Reform Act.
A. “Agency” means the City of Los Angeles or any City department, bureau, office, board, commission, or entity required to adopt a conflict of interests code subject to City Council approval. With respect to employees of a City Council member’s staff and employees of the Chief Legislative Analyst’s office, “agency” means the City Council. The term does not include a governmental entity that is not within the City’s control, even if the entity is required to adopt a conflict of interests code subject to City Council approval, unless the entity elects to be subject to this Article.
B. “Bidder” means a person who bids on or submits a proposal or other response to a City contract solicitation including a request for proposals, request for bids, request for qualifications, or any other request for purposes of entering into a contract.
C. “City official” means an elected City officer or an agency board member, officer, employee, commissioner, or consultant who, because of the individual’s service to an agency, is required to file a statement of economic interests pursuant to the Political Reform Act.
D. “Confidential information” means information that, if it were contained in a document, would not be subject to disclosure under the state’s Public Records Act.
E. “Contract” means an agreement, lease, right of entry, franchise, or concession, including but not limited to an agreement for the performance of work, the rendition of service, or the provision of materials, equipment, or supplies to the City or the public, which is let, awarded, or entered into with or on behalf of an agency.
F. “Elected City officer” means a person who is a City Council member, City Attorney, Controller, or Mayor, whether appointed or elected.
G. “Matter pending” means a matter in which a non-ministerial action is required to proceed with or resolve the matter but has not yet been taken.
H. “Political activity” means activity directed at the success or failure of any ballot measure or candidate for elective office in a future election and includes but is not limited to: endorsing a candidate; engaging in fundraising; developing, displaying, or distributing campaign materials; conducting research; or posting comments on social media or other Internet sites.
I. “Political Reform Act” means the California Political Reform Act of 1974 (California Government Code Sections 81000 et seq.) and the related regulations of the California Fair Political Practices Commission as amended from time to time.
J. “Restricted source” means the following:
1. For elected City officers, a restricted source is the following:
a. A person who files as a lobbying firm or lobbyist or is required to file as a lobbying firm or lobbyist, as defined in Section 48.02.
b. A person who has entered into, performs under, or seeks a contract with the City. This does not include the following:
i. An individual who has entered into or performs under an agreement with the City regarding employment; or
ii. A person who receives or pays for services normally rendered by the City to residents and businesses, such as sewer service, water and power service, or street maintenance.
c. A person who, during the prior 12 months, attempted to influence the elected City officer in any City action that would have a material financial effect on the person. This does not include an individual who attempted to influence action regarding that individual’s own City compensation, benefits, or retirement.
d. A person who is or in the prior 12 months was a party to a proceeding involving a license, permit, or other entitlement for use that was pending before the elected City officer, the City Council, or a board, commission, committee, or other similar body of which the elected City officer is a voting member.
e. A person who is an applicant, owner, or principal under Section 49.7.37. (Added by Ord. No. 186,477, Eff. 1/23/20.)
2. For all other City officials, a restricted source is the following:
a. A person who seeks to influence decisions of the City official’s agency and files as a lobbying firm or lobbyist, or is required to file as a lobbying firm or lobbyist as defined in Section 48.02;
b. A person who has entered into, performs under, or seeks a contract with the City official’s agency. This does not include the following:
i. An individual who has entered into or performs under an agreement with the City official’s agency regarding employment; or
ii. A person who receives or pays for services normally rendered by the City to residents and businesses, such as sewer service, water and power service, or street maintenance.
c. A person who, during the prior 12 months, attempted to influence the official in any City action that would have a material financial effect on the person. This does not include an individual who attempted to influence action regarding that individual’s own City compensation, benefits, or retirement.
d. A person who is or in the prior 12 months was a party to a proceeding involving a license, permit, or other entitlement for use that was pending before the official or before a board, commission, committee, or other similar body of which the official is a voting member.
A. City officials and agency employees shall not use or threaten to use any official authority or influence to discourage, restrain, or interfere with another person’s attempt to report possible violations of law to the Ethics Commission or another governmental entity.
B. City officials and agency employees shall not use or threaten to use any official authority or influence to effect any action as a reprisal against another person who reports a possible violation of law to the Ethics Commission or another governmental entity.
C. A person who believes that the person has been subjected to an action prohibited by this Section may file a confidential complaint with the Ethics Commission.
D. The Ethics Commission may refer retaliation complaints to appropriate agencies for disciplinary purposes.
A. City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.
B. City officials and agency employees shall not engage in political activity in the following scenarios:
1. While on duty for the City.
2. In any manner that implies the City official or agency employee is speaking on behalf of the City or communicating a City position. This may include but is not limited to engaging in political activity in the following scenarios:
a. While wearing a uniform or official City insignia; or
b. Using a City title or position.
3. In a room or building that is owned by the City or primarily paid for or used by the City and occupied by a City official or agency employee in the discharge of City duties. This does not include a City room or building that is available to the public for organized campaign activities as long as the City official or agency employee does not use the room or building during the official’s or employee’s City working hours and does not use other City resources for the activity.
4. Using City equipment, vehicle, supplies, or resources, including but not limited to mailing and distribution lists, electronic mail, and electronic data.
C. A person shall not induce or coerce or attempt to induce or coerce another person to engage in activity prohibited by Subsections A. or B.
D. This Section does not prohibit the use of City resources to provide information to the public about the possible effects of a bond issue or ballot measure relating to City activities, operations, or policies when the use of public resources is otherwise legally authorized.
A. City officials shall not make, participate in making, or attempt to use their official positions to influence City decisions in which they know or have reason to know they have a financial interest.
B. In the first 12 months of City service, a City official or agency employee shall not knowingly make, participate in making, or attempt to use their official position to influence a City decision directly relating to a contract when a party to the contract is a person by whom the individual was employed in the 12 months immediately prior to entering City service.
C. Statements of City-Related Business.
1. An elected City officer, a candidate for elected City office, a member of a City board or commission, a general manager or chief administrative officer of an agency, and an individual holding an appointive office named in the Charter shall file a statement of City-related business with the Ethics Commission within ten calendar days after a City action, other than a ministerial action, affects the individual’s personal financial interests.
2. For purposes of the statement, a City action affects an individual’s personal financial interests if it involves one or more of the following held by, required of, or sought by the individual, the individual’s spouse or registered domestic partner, or a business entity in which either the individual or the individual’s spouse or registered domestic partner holds an ownership interest of five percent or more:
a. The sale of real or personal property; or
b. The performance of services pursuant to a contract; or
c. A grant, loan, or forgiveness or payment of indebtedness; or
d. An application for a license, certificate, permit, franchise, change of zone, variance, credential, or other benefit or relief.
3. The statement shall be in sufficient detail as to dates, amounts, identifying numbers or symbols, locations, and subject matter to make the action identifiable by reference to City records.
4. The statement shall be filed under penalty of perjury in a method prescribed by the Ethics Commission.
5. The statement shall satisfy the requirements of Section 304 of the City Election Code.
D. Recusal Notification.
1. A member of a City board or commission who is required to file a statement of economic interests pursuant to the Political Reform Act shall file a recusal notification form each time the member recuses themself in relation to an actual or apparent conflict of interests.
a. The member shall file a copy of the completed form with the executive secretary for the commission or board (or the person acting in that capacity) as soon as possible after the posting of the agenda containing the item involving the member’s conflict of interests.
b. The member shall file the original form, along with a copy of the meeting agenda containing the item involving the conflict of interests, with the Ethics Commission within 15 calendar days after the date of the meeting at which the recusal occurred.
c. The member shall file the form even if the member is not present at the meeting.
2. The form shall be filed under penalty of perjury in a method prescribed by the Ethics Commission and shall include, at a minimum, the following:
a. The member’s name;
b. The name of the member’s board or commission;
c. The date of the meeting at which the recusal occurred or would have occurred;
d. The agenda item number, a brief description of the matter, and a statement of whether the matter concerns the making of a contract; and
e. The specific interest causing the recusal and a statement of whether the interest is financial.
E. Every agency shall make every effort to avoid hiring or appointing City officials who hold and are unwilling or unable to sell assets that would present significant and continuing conflicts of interests.
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