Tag Archives: Ethics Regulations

State Legislators Connie Leyva And Patrick O’Donnell Introduce SB126 — To Clarify That Charter Schools In California Are Subject To The Public Records Act — And The Brown Act — And The Political Reform Act — This Will Formalize And Extend Attorney General Xavier Becerra’s Recent Published Opinion On The Matter

February 15, 2019 Mike Leave a comment

You may recall that California State Attorney General Xavier Becerra issued an opinion in December 2018 stating that charter schools in California were subject to the Brown Act and the Public Records Act. And recently, despite some ill-founded pushback, I was able to use the CPRA to get some pretty interesting information out of a local charter school, New Los Angeles.

But AG opinions aren’t law, and evidently there is still some uncertainty about the matter, for instance see this article by Tony Butka in CityWatch LA. So yesterday, state legislators Connie Leyva and Patrick O’Donnell introduced SB126, which states explicitly that charter schools and the organizations which run them are in fact subject to the Brown Act, to the Public Records Act, to the Political Reform Act of 1974, and to certain ethics laws.¹

If this passes into law, and why should it not, it will be an incredibly useful tool for activists, the fruits of which you’ll be reading about here and elsewhere for the foreseeable future. Turn the page for the legislative analyst’s description of what the bill would do.
Continue reading State Legislators Connie Leyva And Patrick O’Donnell Introduce SB126 — To Clarify That Charter Schools In California Are Subject To The Public Records Act — And The Brown Act — And The Political Reform Act — This Will Formalize And Extend Attorney General Xavier Becerra’s Recent Published Opinion On The Matter →

Municipal Ethics

Ethics Commissioner Serena Oberstein’s Undisclosed Ex Parte Communication With Lobbyists Shyaam Subramanian and Nancy Berlin In Hallway Fifteen Minutes Before Ethics Commission Meeting Casts Some Doubt On Everyone’s Commitment To Transparency

October 18, 2017 Mike Leave a comment

Shyaam Subramanian and Nancy Berlin talking to Ethics Commissioner Serena Z. Oberstein in the hallway before Tuesday’s Ethics Commission meeting. She thanked them for giving her language, presumably to do with the MLO, and actually took notes on it in her phone. Click to enlarge.

In August the Ethics Commission continued the multiyear discussion about revising the Municipal Lobbying Ordinance. The next stage in the process was three interested persons’ meetings held in September, and then on to more discussion at yesterday’s Ethics Commission meeting. The meeting was essentially interminable,² and I recorded the whole lobbying discussion. You can watch it either on Archive.Org or on YouTube:

• Part I • Part II • Part III • Part IV •.

Ethics Commissioner Serena Z. Oberstein taking notes on “language” provided to her by lobbyists Shyaam Subramanian and Nancy Berlin. Click to enlarge.

I hope to write about the outcome of the discussion as soon as possible, although things are ultra-busy here at MK.Org secret headquarters. The short version is that the Commission accepted most of what staff recommended with a few changes and two items to be discussed even more at the December meeting. In any case, it turns out that the most interesting part of the meeting, and I don’t think this is so uncommon in City Hall, took place in the hallway fifteen minutes before the call to order.

There, I was lucky enough to witness lobbyists³ Shyaam Subramanian of Bolder Advocacy and Nancy Berlin of CalNonprofits engaged in an intense conversation with Ethics Commissioner Serena Z. Oberstein about proposed revisions to the MLO involving nonprofit corporations, whose interests both of them are compensated to represent to the City. At one point she even thanked them for giving her “language,” presumably having to do with their preferred outcome in the upcoming meeting, and went so far as to take notes on it in her phone!
Continue reading Ethics Commissioner Serena Oberstein’s Undisclosed Ex Parte Communication With Lobbyists Shyaam Subramanian and Nancy Berlin In Hallway Fifteen Minutes Before Ethics Commission Meeting Casts Some Doubt On Everyone’s Commitment To Transparency →

Municipal Ethics

City Council Approves Update To Ethics Laws Which, Among Other Changes, Imposes At Long Last A Duty On City Officials And Employees To Report Violations To The Ethics Commission Within Ten Days — A Law Like This Will Cut Down On Apparent Collusion By City Officials Or At Least Provide Another Fruitful Channel For Reporting Them

July 8, 2017 Mike Leave a comment

The Los Angeles Ethics Commission is charged not only with enforcing ethics laws and regulations but also with reviewing and revising them periodically. Because the City Council is subject to these laws it wouldn’t make much sense for them to be able to alter them at will. The temptation to exempt themselves and their creepy zillionaire buddies would ultimately be too much for their corrupt vestigial little senses of morality to bear and we’d end up without any ethics laws at all.

Thus the process, as described in the City Charter at §703(a), requires the Ethics Commission to propose the changes and gives the City Council the authority only to disapprove but not to modify them.⁴ This strikes me as a quite clever way to balance the competing interests involved:

The commission may adopt, amend and rescind rules and regulations, subject to Council approval without modification, to carry out the purposes and provisions of the Charter and ordinances of the City relating to campaign finance, conflicts of interest, lobbying, and governmental ethics and to govern procedures of the commission.⁵
So at its meeting in February, the Ethics Commission approved a bunch of revised enforcement regulations. You can read the original proposal. This was duly sent up to the City Council, where it was placed in Council File 14-0049-S1. Well, on Thursday, after the Mayor’s concurrence was received, the Council finalized the matter and the new regulations are approved and will take effect on August 14.⁶

There were bunches of changes, mostly technical in nature, and beyond my capacity to evaluate. But the one that really excites me is that the new ordinance requires City departments and appointees to report violations of the Ethics laws or the Municipal Lobbying Ordinance within ten days. This is a huge development! Read on for details and for a number of horrific instances in which the lack of a mandate to report created absolutely nauseating scenarios involving law-flouting lobbyists and City officials.
Continue reading City Council Approves Update To Ethics Laws Which, Among Other Changes, Imposes At Long Last A Duty On City Officials And Employees To Report Violations To The Ethics Commission Within Ten Days — A Law Like This Will Cut Down On Apparent Collusion By City Officials Or At Least Provide Another Fruitful Channel For Reporting Them →