Category Archives: Municipal Ethics

More Scenes From The First Interested Persons’ Meeting — Über-Lobbyist Bill Delvac Reveals That His Clients Tactically Report Their Opponents In The Land Use Wars To The Ethics Commission As Unregistered Lobbyists But No Action Is Ever Taken — Heather Holt Corrects Him With Provocative Obliquity: “Perhaps No Public Action,” Quoth She

Oh dear, CPRA material from various BIDs, fascinating stuff, is pouring in as usual and just piling up on my metaphorical desk while I write post after post after post about the Ethics Commission‘s ongoing effort to revise the Municipal Lobbying Ordinance. Well, it can’t be helped, because the MLO is essential.1 Part of the process is holding a bunch of meetings to seek input, the first of which took place last Thursday.2 I’ve also posted my take on the various proposals. I’ll get to the BID stuff as soon as possible, friends, but meanwhile, here’s yet another MLO post.3

If you’ve been following the conversation you’ll know that the lobbyists opposing the proposed revisions have argued consistently that the City doesn’t need more regulations imposed on lobbyists who, according to them anyway, desperately want to follow the law but instead needs to register the herds of unregistered and unregulated lobbyists swarming around City Hall.4

They’re not wrong that there are far, far too many unregistered lobbyists. Turning these people in to the Ethics Commission is one of the main purposes of this blog and I have, uncharacteristically, to agree with the registered lobbyists that there are an awful lot of unregistered lobbyists haunting 200 N. Spring Street and that the ease with which they can be detected is astonishing.5

Where they are wrong is in their claim that there’s some kind of dichotomy between registering the unregistered and revising the laws. Mostly the people pushing this idea, that somehow revising the law and registering the unregistered are mutually exclusive, seem to be doing it only to distract everyone’s attention from how badly the present law needs revision and, possibly, how badly their subterranean activities might be exposed were the law to be revised.

At least that’s how it sounded in last week’s meeting when John Howland, late of the CCALA but more recently employed by Arnie Berghoff and Associates, broke out with the same old routine, of which I’ll spare you a transcription, because it’s essentially content-free. However, at that same meeting supervillainesque land use attorney Bill Delvac also had quite a lot to say, most of which, in contrast to the self-serving contributions of his fellow flacks in the so-called regulated community, was quite interesting.

On the subject of unregistered lobbyists, for instance, Bill Delvac asserted that not only were there bunches of them, but that many of the lawyers who professionally oppose development projects are engaged in lobbying, and that essentially none of them are registered. He also, surprisingly to me, revealed that many of his clients had reported such lawyers to the Ethics Commission but that no action had been taken. Heather Holt, executive director of the Commission, corrected him, saying “perhaps no public action.”

And turn the page for some comments on the more technical parts of what Bill Delvac had to say, including the only colorable argument I’ve ever heard against a compensation-based definition as the main criterion for registration as a lobbyist.6 There is also, as usual, a transcription of all relevant remarks.
Continue reading More Scenes From The First Interested Persons’ Meeting — Über-Lobbyist Bill Delvac Reveals That His Clients Tactically Report Their Opponents In The Land Use Wars To The Ethics Commission As Unregistered Lobbyists But No Action Is Ever Taken — Heather Holt Corrects Him With Provocative Obliquity: “Perhaps No Public Action,” Quoth She

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My Letter To The Ethics Commission On Proposed Revisions To The Municipal Lobbying Ordinance

As you may already know, the City Ethics Commission is in the process of proposing revisions to the Municipal Lobbying Ordinance. The full proposal is here. They’ve been holding meetings to solicit input and, given the anti-regulatory stance adopted by a significant number of the Commissioners recently, it’s essential that right-minded people get their comments in to ethics.policy@lacity.org soonest.

I’ve been working on a letter for a few weeks now,7 and yesterday I finally finished it. You can get a copy of the PDF or read a transcription after the break. Please feel free to use any part of this to guide or inspire your own letters, which, as I said, I really hope you will send in as soon as possible.

The next Commission meeting is on October 17, and I’m told by staff that all comments received by a few days before then will be distributed to the Commissioners. If you can get your comments in pretty soon, though, they’ll also be discussed by staff prior to finalizing the proposals, which may be a good thing.
Continue reading My Letter To The Ethics Commission On Proposed Revisions To The Municipal Lobbying Ordinance

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Video Of First Interested Persons Meeting Now Available — See John Howland And Bill Delvac Discuss Whether Neighborhood Council Assent Is Necessary For Development Projects (TL,DR: Yes). This Revelation Makes BID Control Of DLANC Seem Even More Unsavory Than It Already Did

Yesterday afternoon the Ethics Commission held the first in a series of three meetings to gather even more input from interested parties concerning proposed revisions to the Municipal Lobbying Ordinance. I recorded the whole thing for posterity and you can watch it here:

I’ll be commenting on this and the next meeting8 from time to time, and today I just want to point out an interesting response from seasoned Los Angeles lobbyists John Howland and Bill Delvac9 to an interesting question from Ethics Commission ED Heather Holt. One of the proposals on the table is a requirement that lobbyists report attempts to influence neighborhood councils in addition to the other City agencies they’re already required to disclose information about. In the context of this discussion, Holt asked the lobbyists:

Just out of curiosity, for development projects, is there a general sense that you need a neighborhood council buy-in for it to go anywhere?

In response to this, über-düber lobbyist John Howland smirked and emitted an inarticulate snort, seemingly in disbelief that the boss of the Ethics Commission could ask such a silly question, before saying “yes.” This response was echoed by Bill Delvac, with Howland interjecting the occasional assent:

BD: We’re happy when we get to neutral.
JH: Yeah. Well, yeah.
BD:
[Unintelligible] … the Charter and the Code, they’re really not binding. But it matters more to some Councilmen [sic] than it does to others and often [unintelligible] you wanna get their support. I wouldn’t have written the Charter that way, but …

This interchange certainly supports the Ethics Commission’s proposal to subject lobbying directed at neighborhood councils to disclosure, and, interestingly, there didn’t seem to be any actual opposition to this proposal from the lobbyists. So maybe, no matter what gets compromised out of the rest of the proposals, this one will make it through the gauntlet, which is a good thing.10

And turn the page for a discussion of some potential implications, possibly as-yet unconsidered, of this proposal having to do with the fact that, probably uniquely among NCs, the DLANC has a ton of BID staffers on its board of directors.
Continue reading Video Of First Interested Persons Meeting Now Available — See John Howland And Bill Delvac Discuss Whether Neighborhood Council Assent Is Necessary For Development Projects (TL,DR: Yes). This Revelation Makes BID Control Of DLANC Seem Even More Unsavory Than It Already Did

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In Defense Of Counting Neighborhood Councils As City Agencies In The Context Of The Municipal Lobbying Ordinance

As you may well know, the City Ethics Commission is in the process of revising the Municipal Lobbying Ordinance. The CEC’s policy staff, led by heroic and long-suffering director Arman Tarzi, has compiled a fantastically useful report on the proposals, and a series of three interested persons meetings are scheduled starting tomorrow to gather even more input.

Right now it looks like at least four of five Commissioners are leaning towards giving the lobbyists whatever random nonsense they request, so your comments and input are essential to the future of the City at this point. Whether or not you can attend any of the meetings, I hope you will be able to send comments to ethics.policy@lacity.org, probably before October 17, which is when the Commission is scheduled to discuss the matter. And I’m also writing posts on particular parts of the proposal which seem important. This one, on including neighborhood councils as City agencies for lobbying disclosure purposes, is the third in the series, and the other two are:

And read on for a description of the proposal and reasons to support it!
Continue reading In Defense Of Counting Neighborhood Councils As City Agencies In The Context Of The Municipal Lobbying Ordinance

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Ethics Commission To Hold Three Meetings Starting Next Week (September 7, 9, 13) To Gather More Input On Revision Of Municipal Lobbying Ordinance — Please Come To Comment!

City Hall is always being built and rebuilt, and we might as well lend a hand. Never forget that the stone that the builder rejected is become the head of the corner!
Maybe you recall that the Policy Staff of the City Ethics Commission is in the process of proposing revisions to the Municipal Lobbying Ordinance. The proposals were discussed at length at the Commission’s August 15 meeting and, after a bunch of self-serving and mostly mendacious public commentary from a bunch of lobbyists, the Commissioners basically, disgracefully, took the position that even though the staff had been seeking input on the proposals for 18 months, the lobbyists needed even more time to weigh in.

So in furtherance of this ridiculous but nevertheless not-to-be-ignored directive from the Commission, the Policy staff, led by the heroic and long-suffering Arman Tarzi, has scheduled three so-called interested persons meetings to gather even more input. If you were at the meeting you’ll have noticed that mostly only lobbyists commented.11 The Policy staff sent out an email tonight announcing these meetings, and here they are, along with instructions for attending:

  • Thursday, September 7, 2017. 1:30pm – 3:30pm. City Hall, Room 1060 — This meeting is for a general discussion of the Municipal Lobbying Ordinance.
  • Saturday, September 9, 2017. 9:25am – 12:00pm. (Precise time & room TBD) — This meeting is also for a general discussion of the MLO. It is being held as part of the Congress of Neighborhood Councils and it is necessary to register for it separately.
  • Wednesday, September 13, 2017. 10:00am – 12:00pm. City Hall, Room 1070. — This meeting is to focus on input from the nonprofit community.

The Policy staff request that you RSVP for any of these meetings you plan to attend at ethics.policy@lacity.org. If you can’t attend a meeting you can also email your comments to the same address.

I hope to attend the first two, and I really hope that you and/or your friends can too. These revisions of the MLO are essential for improving government transparency and accountability in the City of Los Angeles, and if we let the lobbyists obstruct or eviscerate them, we’ll all be the worse for it. Turn the page for some links to and brief discussions of some of the essential issues.
Continue reading Ethics Commission To Hold Three Meetings Starting Next Week (September 7, 9, 13) To Gather More Input On Revision Of Municipal Lobbying Ordinance — Please Come To Comment!

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President Tara Devine Begged Fashion District To Hire Her For BID Consulting At $72,000 But They Hired UPC At $55,000 Instead Even Though Estela Lopez Really Loves President Devine And Steve Heumann Had “Front Row Seat” To President Devine’s Work In “Impossible” Venice — President Devine Admits Against Interest That Purpose Of BID Consulting Is To “Effectuate Approval” Of Municipal Legislation

As you may recall, I’ve been studying the relationships between BIDs and the consultants they hire to guide them through the process of establishing or renewing their BIDs. As part of this work I discovered, e.g., that the Fashion District BID is paying $55,000 to FDBID Executive Directrix Rena Leddy’s former employer Urban Place Consulting for renewal services. But before the Board hired UPC they, acting as the fiscally responsible grownups they are, for whatever reason, presumed to be, solicited proposals from the City’s various BID consultants.

And, although it’s probably not such a surprise given how few BID consultants there are in this City, it turns out that famously shadowy BID consultant Tara Devine submitted a proposal! She didn’t get the job, though, possibly because her bid was almost $20,000 higher than UPC’s. And there are many things to be learned from this document, not least of which is the fact that Tara Devine, utilizing the grammatical voice known technically as “unhinged third person,” refers to herself throughout as “President Tara Devine.”12

The most important information in the document, though, has to do with the scope of services, which contains crucial information for my ongoing project of turning BID consultants in to the Ethics Commission for failing to register as lobbyists. One necessary element of the registration requirement, found in the Municipal Lobbying Ordinance,13 is that a lobbyist be employed “…for the purpose of attempting to influence municipal legislation on behalf of any person.”14

BID renewal requires the City Council to pass two distinct ordinances,15 and this fact is a key element of my my general argument that BID consulting is lobbying. But how much more effective than me arguing for this position to just have President Tara Devine admit herself, in her own words, that when a BID hires her as a consultant they are hiring her to get some legislation passed. Given this admission against interest, she’ll have a hard time arguing that she’s not a lobbyist:

Coordination with City Clerk, HCED Chair, Council President, and Council District 14 to effectuate scheduling and approval of:
o Ordinance of Intention
o Ordinance of Establishment
o Prop 218 Ballot Issuance

Anyway, the whole document is well worth your time to read, although most of it’s merely mockable rather than substantial. Turn the page for transcriptions of some selections, including a bunch of risible testimonials from President Tara Devine’s cronies in BIDlandia and their comments, as filtered through her considerable third-person ego, about her work in Venice and elsewhere.
Continue reading President Tara Devine Begged Fashion District To Hire Her For BID Consulting At $72,000 But They Hired UPC At $55,000 Instead Even Though Estela Lopez Really Loves President Devine And Steve Heumann Had “Front Row Seat” To President Devine’s Work In “Impossible” Venice — President Devine Admits Against Interest That Purpose Of BID Consulting Is To “Effectuate Approval” Of Municipal Legislation

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How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The South Park BID In 2017

So you may recall that I’ve been working on establishing the fact that BID consulting constitutes lobbying as defined in the Municipal Lobbying Ordinance. I kicked off this project in February with shadowy BID consultant Tara Devine, whom I reported to the Ethics Commission for working as a lobbyist but failing to register as a lobbyist. Meanwhile, if you have no idea what I’m talking about, here is a reasonable introduction to the concepts of both BID consultancy and why it’s almost certainly the kind of thing for which registration with the Ethics Commission is required.

My theory gained some credibility with the discovery that some BID consultants in Los Angeles do register as lobbyists. Since February I’ve been collecting evidence against Ed Henning for his work with the San Pedro BID and also against Urban Place Consulting for their work on Fashion District BID renewal and also Media District BID renewal.

And, of course, against Tara Devine for her ongoing work with the South Park BID. Finally, a few weeks ago I completed a generic argument16 that BID consultancy constitutes lobbying. And this morning I’m pleased to announce that, despite the twisted CPRA-defying machinations of South Park BID director of operations17 Katie Kiefer and her less-than-competent lawyers,18 I have submitted yet another complaint to the Ethics Commission against Tara Devine, this time for her BID consulting for South Park. You can read the whole complaint here.

And turn the page for a technical discussion of an interesting issue which came up while I was putting this complaint together. Note that I discussed this same issue the other day, so if you read that post, you might want to just skip the rest of this one.
Continue reading How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The South Park BID In 2017

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In Defense Of Detailed Reporting Of Contacts Between Lobbyists And City Officials

On August 15 the City Ethics Commission met and discussed proposed changes to the Los Angeles Municipal Lobbying Ordinance. The Commissioners with one notable exception were disgracefully deferential to the trumped-up concerns of a bunch of lobbyists. You can read the full set of staff recommendations as well.

I hope everyone who cares about government ethics in Los Angeles will write comments to the Commission. I’m currently working on a series of my own positions, to be compiled and submitted as public comment. This post is the second in the series, and the previous item was In Defense of a Compensation-Based Registration Threshold for Lobbyists.

Today I’m defending the proposed change to a requirement that lobbyists report individual contacts with City officials by name and title. Right now there’s a super-minimal reporting requirement which is essentially ineffectual. As always, if you have no idea what I’m talking about, you’re not alone. Turn the page for an introduction to the issue and arguments in favor of making the change.
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In Defense Of A Change To A Compensation-Based Threshold For Lobbying Registration In Los Angeles

I wrote yesterday about a troubling meeting of the Ethics Commission concerning revisions to the Municipal Lobbying Ordinance. The proposals are still very much in flux, and timely public comments are not only essential for swaying the wavering commissioners in the right direction, but the commissioners, no matter their other flaws, do seem to read them, so they’re likely to be effective if submitted over the next couple of months.19

I had planned to write a letter to the Commission about all the issues together and publish it here as well, but the more I think about it the more I have to say. Thus I thought it would be much easier for everyone if I wrote about one issue at a time and then edited the posts down into a single letter to the Commission. Also, maybe you’ll find some of my ideas useful in framing your own letters, which should be sent to ethics.policy@lacity.org.

This post, then, is the first installment of that project, and the subject is the proposed change from a time-based registration requirement to a compensation-based requirement. If you have no idea what I’m talking about, you’re surely not alone. Turn the page for an introduction to the issue and arguments in favor of making the change.
Continue reading In Defense Of A Change To A Compensation-Based Threshold For Lobbying Registration In Los Angeles

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In A Disgraceful Display Of Regulatory Capture, Ethics Commissioners (Except For Andrea Ordin) Drink Lobbyist Kool-Aid With Respect To Lobbying Ordinance Revision, Direct Staff To Acknowledge Even More Bullshit Pissing And Moaning From Lobbyists, And Gleefully Betray Their Duties To The People Of Los Angeles

A couple weeks ago I wrote about proposed changes to the Municipal Lobbying Ordinance, which were on the agenda for Tuesday’s meeting of the Ethics Commission. The proposed revisions would essentially require more detailed, much quicker disclosure of lobbyists’ projects and clarify precisely who is required to register. Well, the meeting happened. First there was a ton of public comment from lobbyists, all of it the familiar bitching and moaning that the power elite of Los Angeles will typically spew forth when they feel that their power is threatened in any way.

Next there was a series of embarrassing PDAs between Commissioners and lobbyists about how wrong it is to burden the “regulated community”20 with any oversight at all and how, despite all evidence to the contrary, lobbyists actually want to follow the laws. The Commissioners, that is, apart from Andrea Ordin who, alone among her colleagues, seems to remember why we have a lobbying ordinance in this City, basically took the position that if the lobbyists in attendance were upset by the proposed revisions then there was something wrong with the proposals.

Subsequently, the Commissioners asked Director of Policy Arman Tarzi a series of questions displaying their embarrassing ignorance of how lobbying actually works in this City, and finally Commission President Jessica Levinson directed the staff to solicit even more input from lobbyists on how they want to be regulated. This despite the fact that the revision process has already been going on for a year and a freaking half already. Anyway, I taped the whole 90 minutes of discussion, and you can watch it here:

  • Part one — About an hour’s worth of mostly mendacious public comment from lobbyists followed by the beginning of the interrogation of the long-suffering, saintly, heroic Arman Tarzi by Commissioners who, mostly, don’t even seem to have read the material they’re deliberating on, or not to have comprehended it if they did read it.
  • Part two — Ethics Commissioners falling over themselves to state how great lobbyists are and quizzing the staff about matters that, as commissioners, they ought already to understand.

If you’re wondering how important this issue is, just think back to the recent episode of the Skid Row Neighborhood Council formation effort. There we saw massive illegal lobbying efforts directed at successfully employed to convince Jose Huizar to subvert the subdivision election on behalf of anonymous clients who paid more than $45,000 for this service and whose identities, despite the requirements of the MLO, are still unknown to the public. It’s quite plausible that a more timely disclosure of this information would have changed the outcome of the election.

And turn the page for a detailed discussion of the some problems with the proposed revisions that the Commissioners purported to find. As you consider the Commissioners’ cataclysmic failure to regulate lobbying in Los Angeles, keep in mind that it’s people like the residents of Skid Row that they’re failing to protect.
Continue reading In A Disgraceful Display Of Regulatory Capture, Ethics Commissioners (Except For Andrea Ordin) Drink Lobbyist Kool-Aid With Respect To Lobbying Ordinance Revision, Direct Staff To Acknowledge Even More Bullshit Pissing And Moaning From Lobbyists, And Gleefully Betray Their Duties To The People Of Los Angeles

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