Tara Devine at the Venice Beach BID hearing on August 23, 2016, a day on which she engaged in at least 2.5 hours of lobbying activity.The TL;DR is that I believe that in the course of her consultancy with the Venice Beach BID, Tara Devine qualified as a lobbyist within the meaning of the Los Angeles Municipal Lobbying Ordinance, was therefore required to register with the Ethics Commission, and failed to do so, putting her in violation of the law. If you know what all those terms mean, you may want to go straight to the complaint (Warning: 23MB PDF). For a detailed explanation of the background, though, read on!
The key is found in Section 48.07, which states that “An individual who qualifies as a lobbyist shall register with the City Ethics Commission within 10 days after the end of the calendar month in which the individual qualifies as a lobbyist.” After all, anyone can search the Ethics Commission’s database and see that Tara Devine has never registered as a lobbyist. So the question is whether Tara Devine is “An individual who qualifies as a lobbyist.” This turns out to be a fairly complicated thing to determine.
The first place to start when interpreting any law is with the definitions. In the case of the Municipal Lobbying Ordinance (henceforth “MLO”) they are found at LAMC §48.02. In particular, we will find that the word “lobbyist”:
means any individual who is compensated to spend 30 or more hours in any consecutive three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any person.
And in order to see whether this applies to Tara Devine, we need to understand the following terms:
Tara Devine in City Council Chambers at the Venice Beach BID Hearing Take 2 on November 8, 2016.Check out this interesting series of emails from August 2016. It begins when Yo! Venice reporter Melanie Camp writes to Mike Bonin’s communications director David Graham-Caso, stating:
Hi David,
I have several questions regarding the BID. The information you provided, coupled with the information/misinformation flying around raises a couple of issues that need clearing up.
I’m interested in Mike’s opinion, as well as your own, on any or all of these.
Less than 40 minutes later, David Graham-Caso forwarded the email1 to Debbie Dyner Harris along with a terse note that said:
Can you please send this to the BID consultant to get her help with the answers?
And a mere 13 minutes after that, Debbie Dyner Harris forwarded the email2 to Tara Devine, stating:
Hi Tara. Can you please respond to her? Thanks
Eddie Guerra, kicking ass and taking checks from the Media District BID, $400 at a time.How much does a private nonprofit organization have to pay an LAPD officer in exchange for him running off some homeless people who are having a barbecue on the sidewalk and scaring the neighborhood zillionaires? Newly received evidence suggests that the going rate is $200 per running-off incident.
It has been more than two months since the last entry in our ongoing LAMC 49.5.5(A) project, in which we report various City employees to the Ethics Commission in an attempt to discover exactly what the most fascinating ordinance ever,5LAMC 49.5.5(A), actually prohibits. It’s high time for another report, and this is it. First, recall what the law actually says:
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.
Mike Bonin making kissy-face with Eric Garcetti in 2013 just before laying waste to the canals like Godzilla laying waste to Tokyo.The L.A. City Ethics Commission website is a marvelous repository of fascinating minutiae. It more than repays the kind of obsessive poring-over in which we here at MK.Org specialize. Today’s subject is the quarterly reports that every qualified candidate has to submit detailing their expenditures. You can find all of Mike Bonin’s here.6 In particular, take a look at his 3rd quarter report for 2016. On Schedule E, the list of expenditures, note that some items are labeled “Returned contributions.” No reasons are given for the returns, but at least in some cases it’s possible to track down at least some elements of the story via the Google.
Herb Wesson being way, way, way too friendly with Marie Rumsey on November 17, 2015.I reported on Friday that the City Ethics Commission is slated to consider the case of Marie Rumsey, formerly of CD13 but now working as a lobbyist for the Central City Association, and her repeated violations of the City’s revolving door ordinance, found at LAMC 49.5.13(C)(1). As I noted then, she admitted guilt and excused herself in a particularly implausible way, according to the CEC’s report:
Rumsey received inaccurate legal advice from CCA’s former legal counsel and mistakenly believed that she could attempt to influence any City agency except Councilmember O’Farrell’s office.
Well, I’ve been thinking and thinking about it, and it occurred to me that, since Rumsey spoke before the Council a number of times, it ought to be possible to track down evidence that she had actually attempted to influence Darth Four-Eyes8 himself. So the first piece of evidence I found was this speaker card from the City Council meeting of November 17, 2015. Marie Rumsey signed up to speak on CF 14-1656-S1.9 Next, I had to track down the item on the Council video of that meeting. Well, I did track it down, and here is a link right to her comment. Not only does she address the Council in violation of the law, not only does Mitch O’Farrell end up voting yes on the matter before the Council after she asked him to in violation of the law, but Herb Wesson, who really ought to know better, welcomes her before she violates the law by saying “Ms. Ramsey, [sic] welcome home, good to see you.”
Well, that’s too much. Not only was it against the law for Marie Rumsey to be speaking in front of the Council, not only does it make a mockery of her explanation that her lawyer told her she was only forbidden from trying to influence Mitch O’Farrell’s office,10 but it shows Herb Wesson to be an even bigger idiot than previously suspected. Thus I resolved to write to the Ethics Commission urging them to reject their staff’s proposed stipulation, carry out further investigations, charge Marie Rumsey with ALL of her violations of the revolving door ordinance, and to consider whether Wesson and/or O’Farrell were in violation of LAMC 49.5.16(A)(1)(c), which prohibits aiding and abetting violations of the rest of the Government Ethics Ordinance. So I spent this evening writing this letter to the CEC and submitting it as a public comment for Tuesday’s meeting.11 You can also read it after the break if you’re on mobile or for some other reason prefer not to deal with a PDF. Continue reading Open Letter to the Los Angeles City Ethics Commission on the proposed stipulation in Case No. 2016-13, In the Matter of Marie Rumsey→
Kerry Morrison not thinking of herself as a lobbyist, even though she does lobby and the City of Los Angeles encourages her to lobby.Issues surrounding business improvement districts and the Los Angeles Municipal Lobbying Ordinance have been fraught with controversy at least since 2009, when the Los Angeles Ethics Commission submitted a comprehensive report to City Council proposing a series of reforms to the law.
One minor part of their proposal would have clarified without altering the application of these laws to business improvement districts which then, as now, are almost certainly required to register as lobbyists, even though none of them do nor have they ever. This minor clause in a major reform proposal kicked off a whirlwind of mouth-slavvery craziness on the part of the BIDs, which ended with Eric Garcetti effectively killing the CEC’s proposal in 2010 for no good reason other than that Kerry Morrison giggled at him in a committee meeting.12
Lobbyist-Loving Erstwhile Los Angeles City Ethics Commissioner Ana Dahan on August 9, 2016.Here are a couple unrelated announcements with which to begin another fine, windy weekend.
First, recall that lobbyist-loving ethics commissioner Ana T. Dahan was appointed to the Commission by Eric Garcetti in November 2014 to finish the remainder of a term, and then permanently a year later. Well, according to a report scheduled to be presented by Ethics Commission executive director Heather Holt at Tuesday’s Commission meeting, Ana Dahan has resigned:
We said farewell to Commissioner Dahan this month. She was appointed by Mayor Eric Garcetti in 2014, and we deeply appreciate the time she devoted to the Ethics Commission and her contributions to our enforcement and policy work. We wish her well as she embarks on a new career.
I submitted evidence of three violations, although there were clearly many others. They tagged her for two of them. She admitted that she’d broken the law, but gave as an exceedingly lame excuse that… well, let the CEC tell it:
Rumsey received inaccurate legal advice from CCA’s former legal counsel and mistakenly believed that she could attempt to influence any City agency except Councilmember O’Farrell’s office.
Because of this and because of her cooperation, CEC staff is recommending leniency:
The maximum administrative penalty for a violation of the City’s post-employment laws is the greater of $5,000 or three times the amount of compensation that was improperly received. Los Angeles City Charter § 706(c)(3). In this case, the two counts against Rumsey result in a maximum penalty of $14,250. We recommend a penalty of $7,125, which is equal to 50 percent of the maximum in this case. We believe the recommended penalty is appropriate, because it takes into consideration the serious nature of the violations while also encouraging cooperation with Ethics Commission investigations and the early resolution of violations.
