FAIR Act Presentation
City Council Meeting
October 13, 2026
Background
2 • In 2020, the City Auditor’s Ethics Survey and Program Performance Audit identified the need for a centralized, comprehensive ethics framework, noting that ethics standards were dispersed across multiple departments and policies.
• In response, the Office of Ethics and Transparency (OET) prioritized building a more accessible and cohesive ethics program for both employees and the public. • Building on this work, the Ethics Commission, through an assigned ad hoc committee, developed recommendations to modernize and consolidate the City’s ethics framework. • These recommendations include updates to the City’s lobbyist ordinance (approved by the Commission in August 2024) and an overarching ethics ordinance (approved by the Commission in March 2025) designed to centralize ethics laws, processes, and best practices.
Background cont.
3 • City Manager staff and the City Attorney’s Office worked closely with the Commission’s ad hoc as the recommendations evolved, along with reviews by multiple City departments. • The Ethics Commission’s final recommendation was transmitted to the Mayor and City Council via TFF.
The TFF also included a staff-annotated version of the ordinance recommendation to support an informed review. • In November 2025, the Mayor introduced the FAIR Act to the City Council. In part, this item recommended that the FAIR Act be reviewed by the Government, Operations, & Efficiency Committee prior to drafting the ordinance language with the City Attorney's Office, conducting the meet-and-confer process, and returning to City Council with the final ordinance language for consideration. • After two meetings at GO&E in March and April 2026, the Committee recommended that the City Council conduct a study session on the FAIR Act.
Nov 8, 2023 - Ethics Commission forms Ad Hoc Committee on Updated Policies.
Mar 12, 2025 – Ethics Commission approves the Ad Hoc’s recommendation for a unified ethics ordinance: Ethics and Good Government Act.
Jun 13, 2025 - Memo with Commission recommendation and staff annotations sent to Mayor and City Council.
Nov 18, 2025
• Mayor presents draft consolidated ordinance, renamed the FAIR Act. • City Council directs City Attorney to: • Refer to GO&E Committee for public input. • Prepare comprehensive ethics ordinance. • Integrate Commission and staff recommendations. • Ensure legal and operational consistency. • Add key amendments to Lobbyist Ordinance.
Mar 10, 2026 - GO&E discusses FAIR Act; focuses on proposed lobbying updates.
Apr 21, 2026 - GO&E further discusses lobbying section; refers item back to City Council for a study session.
October 13, 2026 - City Council study session
4 Timeline
5 • Establishes Title IV of the Long Beach Municipal Code. • Codifies many existing administrative ethics policies, processes, and best practices into one ordinance, making the information more accessible to officials, employees, and the public. oThere are existing ethics standards and practices that are currently spread across multiple departments, policies, and Municipal Code sections.
oThere are also new standards being proposed that go beyond current State law standards, which would become new local laws enforced by the City of Long Beach as provided in the Ordinance.
• Introduces new standards across many of the 10 chapters of Title IV, including updates to the City's Lobbyist Ordinance (proposed as Chapter 9 of Title IV).
What Does the FAIR Act Do?
Applicability: The ordinance applies to "lobbyists" and all "public servants" as defined in the ordinance, including:
• Elected and appointed City officials
• Board, commission, and committee members
• City employees and interns
• Form 700-filing consultants
• Officers, members, and employees of City-affiliated agencies Enforcement: Enforcement differs for each category of public servant and for lobbyists.
• By the City Council adopting an ordinance, violations of the ordinance would be subject to civil and criminal penalties pursuant to Chapter 1.32 of the LBMC unless otherwise stated in the ordinance.
Ordinance Applicability, Scope, and Enforcement
6 Part of a Larger Accountability Framework
• Elected officials are governed by multiple layers of law, not this ordinance alone: • Federal: e.g., federal anti-corruption and fraud statutes • State: Political Reform Act (regulates campaign finance, conflicts of interest, lobbying, and governmental ethics); Government Code § 1090 (anti-self dealing laws); Ralph M. Brown Act (open meeting laws); and other state ethics laws
• Local: City Charter and Municipal Code
• The FPPC enforces the Political Reform Act and retains its own independent investigation and enforcement authority. • In LA County, the District Attorney's Office is responsible for prosecuting felony crimes.
What This Ordinance Adds
• Establishes local standards and procedures that meet or exceed state law • Certain provisions go beyond the enforcement mechanisms already available through the FPPC • Lobbying provisions define how the City itself promotes transparency and accountability in its dealings with lobbyists Ordinance Applicability, Scope and Enforcement
7 Enforcement and Penalties (§ 4.01.100) • Reporting
• Alleged violations of the FAIR Act would be reported to the Ethics Officer or an approved City reporting mechanism • Ethics Officer ensures the matter is routed to the appropriate authority • Violations of the FAIR Act would be required to be reported to the FPPC, City Prosecutor, or District Attorney as appropriate, and run alongside administrative/internal enforcement, as provided below. • Enforcement by Category • Mayor and Councilmembers: City Attorney meets with the official; matter presented to City Council in open session; Council may impose sanctions by majority vote (apology, training, removal from regional committees, censure, travel restrictions) • Board and Commission Members: Council may impose sanctions by majority vote, up to removal from office (Charter § 510 / Ch. 2.18) • City Manager and City Clerk: City Attorney meets with the official; appointing authority may take employment or disciplinary action. • City Employees: Appointing authority investigates and may take disciplinary action under City personnel rules • Limits
• Violations do not invalidate City Council or other City decisions • Complainants and subjects may not participate in sanction decisions • 4.01.100 and Ch. 1.32 penalties do not apply to Chapter 4.02 (Code of Conduct) 8 Enforcement and Penalties
• Chapter 4.01 – General Provisions
• Chapter 4.02 – Code of Conduct and Ethics
• Chapter 4.03 – Conflict of Interest • Chapter 4.04 – Use of City Resources • Chapter 4.05 – Gifts, Meals, and Entertainment • Chapter 4.06 – Outside Activities • Chapter 4.07 – Political Activities
• Chapter 4.08 – Ex Parte Contacts and Fair Hearings
• Chapter 4.09 – Lobbying
• Chapter 4.10 – Donations, Sponsorships, and Fundraising 9 Today’s Focus
• This chapter will be a new location for the City’s Code of Conduct and Ethics, written pledge, and training requirements previously adopted by the City Council under Long Beach Municipal Code Chapter 2.07.
WHAT'S NEW: • All public servants shall have 120 days from the date of enrollment to complete the City’s annual Code of Conduct and Ethics training (staff recommends removing this from the proposed ordinance and, instead, addressing violations through the existing administrative process). 10 Chapter 4.02 Summary – Code of Conduct and Ethics
• This chapter largely reflects current State law. • Public servants must disclose conflicts, avoid decisions where personal or financial interests could affect judgment, and recuse when needed. • They cannot use their position to benefit themselves, relatives, close personal relations, future employers, or business partners in hiring, contracts, or City decisions. • The City’s revolving-door rule extends from one year to two years for officials, restricting when former officeholders and top executives can lobby or influence City decisions after leaving service.
WHAT’S NEW: • A public servant who believes another public servant failed to disclose a required conflict of interest must promptly report the concern to the appropriate reporting mechanism (may trigger a meet-and-confer process). • The Ethics Commission may adopt regulations setting forth the types of close personal relations that must be disclosed pursuant to this Section • Revolving-door rule extends to two years for former officeholders and City Manager, and now includes Executive Director of the Harbor Department and General Manager of the Utilities Department • Ethics Commission may recommend action against late or nonresponsive Form 700 filers • The proposal recommends the City Attorney opine on all conflicts-of-interest. However, the FPPC is the sole enforcement authority on conflictsof-interest. 11 Chapter 4.03 Summary – Conflict of Interest
• This chapter largely reflects current State law. • City resources (money, equipment, vehicles, computers, work time, etc.) must be used only for City business, never for personal gain or activities that look like fraud, waste, or abuse. • Public servants cannot act as if they represent the City unless officially authorized — no using City titles, email, letterhead, or business cards to give that impression. • Limited personal use of City computers/phones is okay, but never for political activity, fundraising, private business, or sharing personal political or religious views in an official-looking way; and there’s no expectation of privacy when using City systems. • Confidential or non-public information must be protected and never shared, and officeholders must follow strict rules about mass mailings and City-funded media — especially during elections.
WHAT’S NEW: • Public officials cannot represent the City unless they have official authorization. 12 Chapter 4.04 Summary – Use of City Resources
• This chapter largely reflects current State law and the City's Administrative Regulation 8-2. • Public servants can’t accept gifts, honoraria, loans, or benefits from restricted sources, lobbyists, or people who might be trying to influence City decisions — and they can’t use their position for private perks. • Top officials, as defined by the Political Reform Act, have strict gift limits, cannot accept honoraria, and face tighter rules on loans. • Gifts meant to influence an official act are always prohibited, and public servants cannot give or receive gifts from people they supervise. • The Act sets detailed rules for tickets and passes, defining when they’re allowed, how they must be reported, how they can be used, and who decides how they’re distributed — ensuring they aren’t used as hidden gifts or political favors.
13 Chapter 4.05 Summary – Gifts, Meals and Entertainment (includes Tickets and Passes) • This chapter largely reflects current State law. • Public servants can’t take outside jobs or side work that conflict with their City duties, use City time or resources, or create a conflict of interest. • They must disclose and get approval for any outside work, and cannot get paid by anyone else for tasks that relate to their official City responsibilities. • Outside activities can’t interfere with their ability to do their City job, take too much time, or involve using City authority, badges, or influence for private gain. • The Ethics Commission can also review existing outside-activity policies on its own, even without a department requesting it.
WHAT'S NEW:
• Any department creating rules about outside work must first send them to the Ethics Commission for feedback before they go through meet-and-confer or get implemented. 14 Chapter 4.06 Summary – Outside Activities
• This chapter largely reflects current State law. • Public servants can’t use City resources (office space, equipment, time, uniforms, titles, email, or data) to support or oppose candidates or ballot measures. • They can’t do political work while on duty, in City buildings (unless rented like any member of the public), or in any way that suggests they’re speaking for the City. • Public servants can’t use their position for political favors, promise jobs for political support, give money in exchange for appointments, or pressure City employees for campaign donations or volunteer effort. • Violations can lead to civil penalties, including fines for each day the violation occurred and repayment for the value of misused City resources.
15 Chapter 4.07 Summary – Political Activities
• This chapter incorporates due process principles of fairness and impartiality when Council acts in a quasijudicial role • Board and commission members are generally prohibited from ex parte contacts, except for limited administrative or scheduling discussions where no party gains an advantage and all parties are promptly informed.
WHAT’S NEW: • Codifies restrictions and disclosure requirements for ex parte contacts • Councilmembers and the Mayor should avoid receiving outside information, but if they do (through constituent contact, applicant conversations, or site visits), they must publicly disclose that information at the hearing. • If an ex parte communication occurs inadvertently, the member must disclose the contact and its substance on the record during the meeting so all parties have an opportunity to respond. 16 Chapter 4.08 Summary – Ex Parte Contacts and Fair Hearings 17 Chapter 4.09 Summary – Lobbyists
9 Key Areas:
1. Simplify when lobbying must be disclosed
2. Lower and clarify expenditure-based lobbying
3. Expand disclosure details and increase reporting frequency
4. Refine non-profit exemptions
5. Clarify what counts as lobbying
6. Calendar disclosures
7. Assess staff capacity and enforcement tools
8. Clarify and clean up current ordinance
9. Periodic review and updated recommendations by the Ethics Commission • Simplify when lobbying must be disclosed
o Shift from complex dollar- and hour-based thresholds to a contact-based standard. o Require registration based on the number of contacts with City officials, making compliance easier to understand and administer.
o Consolidate existing lobbyist categories into a new, simpler “contact lobbyist” category. o Aggregate contacts made by multiple representatives of the same organization. o Require independent contractors to register after their first contact. • Lower and clarify expenditure-based lobbying
o Replace the term “Expenditure Lobbyist” with “Lobbyist” or "Grassroots Lobbyist" o Reduce the spending threshold triggering disclosure from $5,000 to $2,500 annually. o Maintain existing exemptions for routine communications (e.g., dues, compensation). 18 Chapter 4.09 Summary – Lobbyists cont.
• Expand disclosure details and increase reporting frequency o Require more detailed information in lobbyist filings, including:
o Specific issues discussed: positions taken (for/against), individuals involved in contacts, materials provided to City officials
o Move from semi-annual to quarterly reporting.
o Require registration within five days of a qualifying contact. o Explore options for enhanced online reporting tools that improve public access • Refine non-profit exemptions
o Retain exemptions for 501(c)(3) nonprofits, including officers and unpaid volunteers. o Eliminate exemptions for other nonprofit types* (e.g., trade associations, advocacy groups under 501(c)(4)– (7)).
*Business Improvement Districts would still keep their exemption status *Neighborhood Associations would not be affected
*Advocating for and negotiating on behalf of employees by employee unions is not lobbying. However, any other form of advocacy may constitute lobbying and require registration. 19 Chapter 4.09 Summary – Lobbyists cont.
• Clarify what counts as lobbying
o Explicitly define lobbying as any contact intended to influence legislative or administrative action, even if no item is currently pending. • Expand Transparency Through Calendar Disclosures o Apply Public Records Act exemptions for protected information. o Require specified City Leaders to disclose City-related calendar information. o Post calendars monthly with the following information: Required calendar information: • Date and time • Names and titles of participants
• Affiliated organizations
• General statement of issues discussed
Explicitly excludes: • Personal appointments
• Attorney-client communications and attorney work product • Labor negotiations and personnel recruitment • Criminal, security-sensitive, or investigative matters • Whistleblower-related communications
20 Chapter 4.09 Summary – Lobbyists cont.
• Assess capacity and enforcement tools
o Evaluate staffing and technology needs for education, auditing, and compliance. o Explore administrative and civil enforcement options, in addition to existing criminal penalties. • Clarify and clean up the ordinance o Confirm enforcement applies to organizations and their agents. o Add exemptions for contract and grant communications that follow City procurement rules. o Remove outdated or unused definitions and references. • Periodic review (every 5 years) and updated recommendations to the Mayor and City Council by the Ethics Commission
21 Chapter 4.09 Summary – Lobbyists cont.
22 Chapter 4.09 Summary – Lobbyists cont.
WHAT'S NEW: • Threshold for all lobbyists is # of contacts, not hours spent, nor dollars spent. • Combine "business or organizational lobbyist" and "contact lobbyist" and rename "contact lobbyist • Replace "Expenditure Lobbyist" with "Lobbyist" • The original recommendation was to replace "expenditure lobbyist" with "grassroots lobbyist," a term that was supported by GOE
• Require additional information and quarterly reports from lobbyists • The original recommendation is to require monthly reports • Maintain exemption for 501(c)(3) non-profits and eliminate exemptions for other types of non-profits, except for neighborhood associations, City business improvement districts, media, and advocacy in public meetings • Clarifies any contact to influence a legislative administrative action is considered lobbying, regardless of pending agenda items
• Requires monthly calendar disclosures for City leaders (mayor, city council, elected officials, city manager, non-city manager department heads). Other City leaders (assistant/deputy city managers, city clerk, department heads, bureau managers, Council chiefs of staff, and Charter commissioners) must be maintained as public records and disclosable under the PRA.
• Currently, there is no formal policy governing common practices like department bake sales and other homemade treat sales, informal fundraising, or staff-led donation efforts. • Donations must be reviewed before acceptance, cannot create conflicts of interest or expectations of special treatment, and donors cannot designate specific public servants or receive political or personal benefits. • Larger donations require City Council approval, formal agreements, proper reporting, and compliance with FPPC rules (including Form 803 for behested payments). • Public servants face limits on soliciting funds or engaging in personal business during work hours, and fundraising on City property is restricted to prevent interference with City operations and avoid inappropriate influence.
WHAT’S NEW: • All donations must be reviewed by the City’s Office of Ethics and Transparency to ensure they benefit the City and comply with City standards. • Rules on fundraising and solicitation by City employees. 23 Chapter 4.10 Summary – Donations, Sponsorships, and Fundraising 24 Any element in this draft ordinance that is not already addressed in State or City law now becomes a City Council policy decision, including: • Address training deadlines and other City employee issues through administrative regulations • Clarify terminology for accuracy, consistency, and clearer understanding • For example, consider omitting 'public servant' and reverting to 'City Employee,' 'City Official,' and 'Elected Official,' recognizing the layers of our workforce. • Expand post-employment restrictions to 2 years and include Harbor and Utilities executive leadership • Refine conflict-of-interest definitions around 'close personal relationship,' 'immediate family,' and 'intimate partner,' and include specific nepotism language
• Maintain clear boundaries between City Attorney advice and FPPC authority • Manage donation and fundraising rules administratively • Flag areas needing further legal and operational review (e.g., enforcement authority, fundraising discretion) • Lobbyist recommendations, including exemptions, reporting requirements, calendar disclosures, and how each category of lobbyists shall be referred to
• Applicability and Enforcement
Policy Decisions and Staff Recommendations
• This is anticipated to have a significant staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. In order to prepare the draft ordinance, the proposal could require meet and confer with impacted labor unions, depending on what the Council ultimately approves. • Additional fiscal impacts include developing new technological capabilities for calendar disclosures and filings, staff time to manage ongoing calendar uploads, City Clerk staff time for expanded reporting requirements for lobbyists, staff training materials, policy guidance and resources, and ongoing support from the City Attorney and other applicable departments.
25 Fiscal Impact
26 Next Steps
• City Council provides direction to staff on the proposed ordinance; • City attorney and staff review; draft finalization • Meet and Confer • Back to City Council for 1st reading, 2nd reading, adoption Thank you
Heather Van Wijk
Ethics Officer
562-570-7443
[email protected] or
[email protected].