Category Archives: Municipal Ethics

Administrative Law Judge Samuel Reyes Finds That Jim Parker Violated LAMC 49.5.5(A) As Alleged By City Ethics Commission, Which Is A Good Sign For Our Ongoing Project

October 19, 2016 Mike Leave a comment

You can find a good summary of the background to this post by Jasmyne Cannick on her most excellent blog or by Kate Mather writing in the L.A. Times.

Maybe you remember that former LAPD Sergeant Jim Parker was charged by the City Ethics Commission with violating LAMC 49.5.5(A) based on his release of an audio tape proving that charges of racial profiling by actress Daniele Watts were fabricated. Well, today administrative law judge Samuel Reyes issued a proposed decision in the matter, where “proposed” seems to mean that the Ethics Commission has the power to reject it if they want to. He found Parker not guilty of some of the charges, but, importantly for our purposes, guilty of violating LAMC 49.5.5(A):

Respondent¹ was in possession of the audiotape by virtue of his position as an LAPD sergeant. Since he released the recording to TMZ in violation of LAMC section 49.5.3, the disclosure constitutes “misuse” under LAMC section 49.5.5, subdivision (A). Respondent released the audiotape to defend himself and LAPD against allegations of racial profiling. The release created a private advantage for Respondent, as it protected his reputation against allegations of racism.

And maybe you recall our LAMC 49.5.5(A) project, in which we are filing complaints against various City employees for what seem to us to be violations of this law, in an effort to, not only get them to stop their bad behavior, but to find ways for citizens to force City employees to do their duty by utilizing already-existing City agencies, laws, and processes rather than having to hire lawyers for everything. This is a good sign for our success, and there’s more detail on this after the break.
Continue reading Administrative Law Judge Samuel Reyes Finds That Jim Parker Violated LAMC 49.5.5(A) As Alleged By City Ethics Commission, Which Is A Good Sign For Our Ongoing Project →

Municipal Ethics, Venice Beach BID

Chad Molnar’s Explicit Refusal To Comply With The California Public Records Act Provides Raw Material For The Latest Installment In Our LAMC 49.5.5(A) Project

October 14, 2016 Mike 4 Comments

Chad Molnar is Mike Bonin's campaign treasurer and also does odd jobs of some sort around the Council District offices. — Chad Molnar is Mike Bonin’s campaign treasurer and also does odd jobs of some sort around the Council District offices.

A couple of days ago I announced MK.Org’s latest project, which aims to experimentally determine the scope of the extraordinary LAMC 49.5.5(A), which states, rather succinctly, that:

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.

Anyway, today’s episode involves the California Public Records Act and Mike Bonin’s Chief of Staff, Chad Molnar. Since August, I’ve been making CPRA requests of CD11. At first they more or less complied with the law, but after the chaos at the first Council hearing in August and the subsequent humiliation caused by the City’s having to redo the whole BID approval process, they completely stopped complying.

In fact, they not only stopped complying, but when I wrote to them asking them if they were going to comply, Chad Molnar wrote back with one of the most extraordinarily confused responses I’ve ever received to a CPRA status request. He not only agreed that they hadn’t complied, but he said explicitly that they weren’t going to comply, and that he believed that they did not have to comply because to comply would make their constituents suffer, and he didn’t think that the intent of CPRA was to make their constituents suffer. I’m not kidding, that’s what he said. Read it yourself, and turn the page for more of my amateurish legal theories, and another complaint!
Continue reading Chad Molnar’s Explicit Refusal To Comply With The California Public Records Act Provides Raw Material For The Latest Installment In Our LAMC 49.5.5(A) Project →

Municipal Ethics

Announcing Our New LAMC 49.5.5(A) Project: Peter Zarcone And The HPOA Music Festival Fiasco Provide Raw Material For Our First Experimental Attempt At Seeing What This Law Actually Prohibits

October 12, 2016 Mike Leave a comment

LAMC 49.5.5(A) states, rather succinctly, that:

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.

Here’s what seems to be required of a City official or employee to violate this law:²

That they misuse their position, where I’m thinking “misuse” means:
- They do something that requires the powers granted to them by virtue of their position and
- their powers were not granted for the purpose of doing that thing.
The misuse creates a private advantage or disadvantage for someone, where I’m thinking “private” means:
- The advantage or disadvantage created does not further public policy goals. E.g. getting arrested creates a disadvantage for the arrestee, but the disadvantage furthers a public goal. Winning a contract through the City’s bidding process advantages the successful bidder, but the advantage furthers a public goal.

The law is enforced by the City Ethics Commission, although it doesn’t seem to have been used much. There is, e.g., this case from 2010 involving a Fire Inspector who charged money for successful inspections. This is the kind of thing one would expect to fall under this statute. However, there is also one high profile case pending right now which doesn’t seem ordinary at all. It seems quite unexpected. In 2014 LAPD Officer Jim Parker was among those who responded to a sex-in-a-car call involving Daniele Watts and her boyfriend. She accused the police of racism and brutality, and Parker anonymously leaked an audio recording of the incident, which exonerated the police. Subsequently, the Ethics Commission issued a public accusation against Parker for violating LAMC 49.5.5(A) on the theory that leaking the confidential audio recording, which he only had access to by virtue of his position, constituted a misuse which created a private advantage for himself.³

This is very encouraging. It seems that perhaps the Ethics Commission is willing to at least think about a broad application of this seemingly very broad law. And it’s an interesting thing about laws that no one can actually be sure what they mean, what the range of application is, until they’re repeatedly tested in the courts. Well, that’s not exactly right. If a court decides that people of average intelligence can’t be sure at all what the law actually prohibits or requires, they’re likely to toss it out as unconstitutionally vague. But, I guess, if people don’t know exactly what the law prohibits or requires, but average people could have realized that it potentially prohibits what they’re doing or requires what they’re not doing, then it’s not too vague, even if no one actually did realize those things.⁴ That’s the space I’m interested in exploring with respect to LAMC 49.5.5(A). And because I’m not interested in philosophical explorations any more I’m going to explore this issue by actually turning people in to the CEC to find out what happens, beginning with our old friend, Peter Zarcone. You can read some details after the break, and even get your very own copy of the complaint I sent the Ethics Commission the other day.
Continue reading Announcing Our New LAMC 49.5.5(A) Project: Peter Zarcone And The HPOA Music Festival Fiasco Provide Raw Material For Our First Experimental Attempt At Seeing What This Law Actually Prohibits →

Municipal Ethics, Venice Beach BID

Complaint Against Mark Sokol And Carl Lambert For Illegal Campaign Contributions Filed With Los Angeles City Ethics Commission; Get Your Copy Here

October 1, 2016 Mike 1 Comment

Heather Holt, long-suffering executive director of the Los Angeles City Ethics Commission.

A couple weeks ago I published an open letter to various City politicians asking them to return shady contributions to their campaigns by shady Venice Beach Business Improvement District proponents Carl Lambert and Mark Sokol. There’s been no discernable response so far, but it’s important to remember that at least as far as I can tell the politicians didn’t actually break the law by accepting the contributions. In fact it was Sokol and Lambert who broke it by making the contributions.

The relevant laws are Section 470(c)(12)(A)(i) of the City Charter,⁵ which says:

The following persons shall not make a campaign contribution to any elected City official, candidate for elected City office, or City committee controlled by an elected City official or candidate: A person who bids on or submits a proposal or other response to a contract solicitation that has an anticipated value of at least $100,000 and requires approval by the City Council.

Continue reading Complaint Against Mark Sokol And Carl Lambert For Illegal Campaign Contributions Filed With Los Angeles City Ethics Commission; Get Your Copy Here →

Municipal Ethics, Venice Beach BID

Open Letters to Nine Los Angeles City Council Members, Mayor Eric Garcetti, and Controller Ron Galperin Asking Them To Recuse From The Venice Beach BID Formation Process And To Return Tainted Donations

September 18, 2016 Mike Leave a comment

There aren't nearly enough pictures of Ron Galperin on this blog. — There aren’t nearly enough pictures of Ron Galperin on this blog.

You may recall that I’ve been writing about potentially illegal campaign contributions made by Venice Beach BID propenents Mark Sokol and Carl Lambert. That’s the supply side. Tonight I’m hitting up the demand side. Here are PDFs of three letters I sent this evening (all cc-ed to Mike Feuer just in case), and you can read the one to the nine sitting members of the City Council who accepted donations from Sokol and Lambert below. I hope to have a complaint in to the City Ethics Commission by the end of the week.

September 17, 2016

Honorable Los Angeles City Councilmembers Krekorian, Bonin, Harris-Dawson, Huizar, Martinez, Ryu, Price, Cedillo, and Koretz:

I am writing to urge you to recuse yourself from the upcoming vote on the Venice Beach BID ordinance of intention and from all future matters concerning Council File 16-0749.
Continue reading Open Letters to Nine Los Angeles City Council Members, Mayor Eric Garcetti, and Controller Ron Galperin Asking Them To Recuse From The Venice Beach BID Formation Process And To Return Tainted Donations →

Municipal Ethics, Venice Beach BID

Steve Heumann, Carl Lambert, and Mark Sokol Finally Revealed By Debbie Dyner Harris to Constitute Venice Beach Property Owners Association Board Of Directors; Sokol’s Five Figure Campaign Contributions To Nine Of Fourteen Sitting Council Members Raise Ethical, Criminal Issues

September 17, 2016 Mike Leave a comment

Mike Bonin 2013 Campaign ad showing candidate with high-roller campaign contributors Mark Sokol and Carl Lambert.

I reported a couple of weeks ago that as late as two months ago, Mike Bonin aide Debbie Dyner Harris had refused to tell Becky Dennison of Venice Community Housing the names of the three members of the Board of Directors of the Venice Beach Property Owners Association. Dyner Harris even sent an email to shadowy BID consultant Tara Devine asking for permission to share the names, which Devine evidently didn’t give, because Dyner Harris didn’t give up the names. Well, I’ve been asking CD11 for the names as well, and after a long three weeks, for whatever reason, Debbie Dyner Harris emailed me this morning and told me that the Board of Directors presently consists of Steve Heumann, Carl Lambert, and Mark Sokol.

Steve Heumann was not a surprise, as his name appears as agent for service of process on the POA’s registration with the State.⁶ But the other two are of great interest indeed. I recently wrote about how Carl Lambert’s campaign contributions to Mike Bonin and Eric Garcetti probably violated City campaign finance laws, but that argument wouldn’t fly if he weren’t on the Board. Since he is, I’ll be reporting him to the City Ethics Commission in the next few days.

But Mark Sokol’s case is even more fascinating. Recall that the POA has been meeting with the City about the BID at least since September 2014. Well, take a look at all of Sokol’s contributions since then. They add up to $10,750. The output of the City’s database lists each contribution separately, but here are the totals:
Continue reading Steve Heumann, Carl Lambert, and Mark Sokol Finally Revealed By Debbie Dyner Harris to Constitute Venice Beach Property Owners Association Board Of Directors; Sokol’s Five Figure Campaign Contributions To Nine Of Fourteen Sitting Council Members Raise Ethical, Criminal Issues →

Municipal Ethics, Venice Beach BID

Why Carl Lambert’s Contributions To The Re-Election Campaigns Of Mike Bonin And Eric Garcetti Were Probably Illegal and Should Be Refunded Immediately

September 3, 2016 Mike Leave a comment

Mike Bonin on August 23, 2016, earning his salary, which should be sufficient.

As I reported the other day, Venice Beach BID proponent and shady illegal hotelier Carl Lambert donated $1400 to Eric Garcetti and $700 to Mike Bonin in 2015. Here is an argument that they ought to give that money back to Lambert immediately.

Not just because it’s the right thing to do. We’re all grownups here, and that’s not so much why things get done. But because it’s probably illegal for them to have accepted the money, or at least for Lambert to have contributed it. To explain why this is the case I have to talk about the campaign finance laws of the City of Los Angeles, which can make anybody’s poor head spin. So forgive me, but perhaps you’ll find it worth the trouble. The whole law is at LAMC Article 9.7, but it’s not necessary to read the whole thing.⁷ The section we are interested in today is LAMC 49.7.35, which covers Bidder Contribution and Fundraising Restrictions. This muni code section⁸ implements Section 470 of the City Charter, which covers Limitations on Campaign Contributions in City Elections.⁹ At Charter Section 470(a) we find this noble statement of the purpose of the whole thing:

The purpose of this section is to encourage a broader participation in the political process and to avoid corruption or the appearance of corruption in city decision making, and protect the integrity of the City’s procurement and contract processes by placing limits on the amount any person may contribute or otherwise cause to be available to candidates for election to the offices of Mayor, City Attorney, Controller and City Council and promote accountability to the public by requiring disclosure of campaign activities and imposing other campaign restrictions.

Now, it is a fundamental principle in the American legal system that actions can only be illegal if there is an explicit statutory statement that they are illegal. Otherwise they’re legal. So while this statement of purpose has some force, mostly as a guide to interpreting the salient laws, it doesn’t in itself make anything illegal. Obviously Carl Lambert’s contributions to Garcetti and Bonin create the appearance of corruption in city decision making, but if that were sufficient to trigger a criminal prosecution then pretty much every donor to every incumbent candidate would have to be locked up.¹⁰ Thus we have to look to the parts of the law that implement this statement of purpose.

The Charter Section that we are interested in here is 470(c)(12)(B), which states in pertinent part¹¹ that:

The following persons shall not make a campaign contribution to the Mayor, the City Attorney, the Controller, a City Council member, a candidate for any of those elected City offices, or a City committee controlled by a person who holds or seeks any of those elected City offices … A person who bids on or submits a proposal or other response to a contract solicitation that has an anticipated value of at least $100,000 and requires approval by the elected City office that is held or sought by the person to whom the contribution would be given…

Let’s run through the elements of the law here to see why it’s highly plausible that it forbids Carl Lambert from making contributions to either Eric Garcetti or Mike Bonin:
Continue reading Why Carl Lambert’s Contributions To The Re-Election Campaigns Of Mike Bonin And Eric Garcetti Were Probably Illegal and Should Be Refunded Immediately →

Municipal Ethics

Between 2014 and 2015 Confirmation Hearings, Ethics Commissioner Ana Dahan Dropped Mention of NBCUniversal Lobbying And Campaign Funding Work From Her Résumé

August 14, 2016 Mike Leave a comment

Los Angeles City Ethics Commissioner Ana Dahan on August 9, 2016.

A few days ago I wrote about Ethics Commissioner Ana Dahan’s day job at NBCUniversal’s so-called Legal & Governmental Affairs Unit, which turns out to be their lobbying department. The point was that it’s hard to see how she can create at least the appearance of impartiality in regulating lobbyists when she works for a bunch of lobbyists and employers thereof.

In any case, it turns out that Commissioners have to be confirmed by the City Council, and that creates a Council File (CF 14-1464). Dahan was appointed by Eric Garcetti in 2014 to fill a vacancy, and then again in 2015 for a full term. Thus she had two confirmation hearings just one year apart, and she made an interesting change in her résumé between the two.
Continue reading Between 2014 and 2015 Confirmation Hearings, Ethics Commissioner Ana Dahan Dropped Mention of NBCUniversal Lobbying And Campaign Funding Work From Her Résumé →

Municipal Ethics

City Ethics Commissioner, Employee of NBCUniversal’s Lobbying Unit, And Enforcer of the Municipal Lobbying Ordinance Ana Teresa Dahan Argues Against City Lobbying Law Reform Because ” it is through lobbying that [elected officials] get accurate information”

August 11, 2016 Mike Leave a comment

City Ethics Commissioner Ana Dahan: Don't make it too scary to be a lobbyist because otherwise who's going to tell our elected officials the truth about stuff?!?! — City Ethics Commissioner Ana Dahan: Don’t make it too scary to be a lobbyist because otherwise who’s going to tell our elected officials the truth about stuff?!?!

Watch, listen, and learn as City Ethics Commissioner Ana Dahan actually says that we gotta make lobbying easier because “our elected officials have to make a lot of decisions on information that they don’t have an expertise on, and sometimes it is through lobbying that they get accurate information…I just want to make sure that we don’t limit expertise from getting to our elected officials when they’re making decisions…” And in her day job she works for NBCUniversal’s lobbying unit, I suppose providing “accurate information” about “expertise” and other such civically essential activities.

First of all recall that the City Ethics Commission is undertaking a proposal to revise the Municipal Lobbying Ordinance. It seems that they’re required to do this kind of thing on a regular basis by §702(f) of the City Charter. The current law has a complex and practically unenforceable definition of what professional lobbying is and part of the CEC staff’s current proposal is to define it in a way so that people can understand whether or not they’re subject to it. This is a good quality in laws.

And who is Commissioner Ana Dahan? Well, she’s a law student at Loyola and she works for some outfit called NBCUniversal in some unit called “Legal & Government Affairs.” It’s not so easy to discover the responsibilities of that unit, but there are some clues in this biography of Steven Nissen, the “Senior VP of Legal & Government Affairs at NBCUniversal”:

… he is primarily responsible for developing and coordinating for the company a comprehensive state and local government agenda, including anti-piracy, intellectual property protection, tax, digital, broadcast, film production, land use and government compliance.

In other words, one of her bosses oversees NBCUniversal’s lobbying activities. He’s even the immediate past chair of L.A. lobbying behemoth the Central City Association of Los Angeles. The man is deeply involved in local lobbying.

And not only that, but her boss’s boss is Mitch Rose, described by The Hill as NBC’s “top lobbyist.” So that pretty much explains what “Legal & Government Affairs” means at NBCUniversal. It means lobbying.
Continue reading City Ethics Commissioner, Employee of NBCUniversal’s Lobbying Unit, And Enforcer of the Municipal Lobbying Ordinance Ana Teresa Dahan Argues Against City Lobbying Law Reform Because ” it is through lobbying that [elected officials] get accurate information” →

Municipal Ethics

City Ethics Commission Prepares to Revamp Lobbying Laws; Proposal Builds, Improves on Version Torpedoed in 2010 by Unholy Threesome Consisting of Kerry Morrison, Carol Schatz, and Eric Garcetti

August 3, 2016 Mike Leave a comment

Jessica Levinson, president of the City Ethics Commission, star Lawprof at Loyola, and righteous local media darling.

If you’ve read the Municipal Lobbying Ordinance of the City of Los Angeles, you will have noted that it’s a bitch to enforce. It defines a lobbyist to be someone who is compensated to influence City action on behalf of a third party for 30 or more hours in any consecutive three months, and then requires lobbyists so-defined to register with the City. Imagine trying to use CPRA and other methods available to the public to pin that beef on some BID employee… I can tell you it’s not an easy task.

You may recall that between 2008 and 2010 the CEC tried to get this unwieldy definition changed to one whose details I won’t go into here, but which would have been far easier to enforce. For whatever reason, Carol Schatz, Kerry Morrison, and a few less luminous lights of the BID world including the perennially mockable Downtown Russell Brown decided for reasons known only to them and their therapists that this was going to destroy the very foundations of Los Angeles. As is their wont, they proceeded to get really fussy and ~~scratch at their own faces till mom made them put their mittens on~~ soon Eric Garcetti, at that time chair of the Rules and Elections Committee, smothered the whole baby in its bed for no discernible reason other than to please his darling BID-babes Kerry and Carol.

Eric Garcetti to Kerry Morrison in 2010: "You don't want to have to register as a lobbyist? Whatever baby wants, baby gets." Except, of course, baby still has to register, it's just next to impossible to prove it. — Eric Garcetti to Kerry Morrison in 2010: “You don’t want to have to register as a lobbyist? Whatever baby wants, baby gets.” Except, of course, baby still has to register, it’s just next to impossible to prove it.

So now the staff of the CEC, whose Executive Director is the same Heather Holt who got tarred, feathered, and mocked by Garcetti over this very same issue in 2010, has prepared a new proposed revision of the definition of lobbyist. The Commissioners will be discussing it at their upcoming meeting on August 9, 2016. The new proposal owes some debts to the last proposal, but its central point is quite different. It’s a change to a compensation-based rather than a time-based definition, which is fairly standard around the rest of the country:

We recommend returning to a compensation-based definition and that “lobbyist” be defined as an individual who is entitled to receive $2,000 or more in a calendar year for attempting to influence a City matter on behalf of another person. The attempt to influence would include a direct communication with a City official or employee, and compensation could be either monetary or non-monetary.

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