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Attachment No. 1 - Ethics Recommendations for Council

City Council / Housing Authority
May 19, 2025

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Attachment No. 1 - Ethics Recommendations for Council
Meeting
May 19, 2025
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City Council / Housing Authority
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Recommendations to the Pomona City Council
from the Pomona Ethics Commission
Summary: By a vote of the Pomona Ethics Commission, and in consultation with City staff, we do hereby make the following recommendations.

Recommendations fall into four different categories (ethics code update, additional rules and expectations, investigative process and implementation of policies) and can be implemented by the Council in different phases.

The most recent Ethics Policy adopted by the city was in 2006; and because there have been a number of state, federal, and local charter changes that affect ethics; and because several regional cities have since developed new Ethics policies and Ethics Commissions that have resulted in best practices; we recommend that:
1) The City Council designate the Pomona Ethics Commission as the main point for advice and information for Ethics related matters; and that they further establish a communication process for the Ethics Commission to provide advice and information to City Commissioners and the public on Ethics related issues; and require the Ethics Commission to prepare and publish an annual report; and to establish required training and education of Ethics and related matters such as the Brown Act for all Commissioners.
2) The City updates the code of ethics for adoption by the City Council in clear and simple terms that can be understood by all members of our community and includes the City’s Code of Interest and Revolving Door Rules as set forth by existing law; and work with the City’s Ethics Commission on developing a companion guide to the updated Ethics Code similar to the guide developed by the City of Los Angeles which provides clear examples and real-world scenarios under each policy and process by the end of January 2026.

Ethics laws set the minimum legal standards to protect the integrity of the decision-making process and use of resources by government officials; City ethics codes have the opportunity to go beyond the minimum standard and set additional rules and expectations to promote the public trust; and that the financial disclosure section of Ethics Codes provide the opportunity to set forth additional standards; therefore we recommend that:
1) The City Council ask the City to review and update the existing gifts and gifts disclosure policy in the Ethics Code to be in compliance with existing law; and add a section for the disclosure of behest payments for any elected official as required by existing law. 2) The City Council adopt a requirement that lobbyists register with the City as the cities of Los Angeles and Long Beach require; this new requirement would not only allow the general public and city staff to easily look up lobbyists but also provides an opportunity for the City to clearly define who is a lobbyist. (See notes in Addendum - Lobbyists Registration Requirements) 3) The City establishes an “appearance standard” in the Ethics Code similar to the one developed by the City of Los Angeles to determine that a City official’s or employee’s participation in a manner “is not in the public interest.” The City Attorney and Ethics Commission would be able to recommend to the City Council on Ethics matters that are not in the public interest for an individual to participate in a manner when the facts are such that the public might well question an individual’s objectivity and the public interest prevents them from acting even when they would not be disqualified by statutory or common law. (See notes in Addendum - Appearance Standard)
1 ATTACHMENT NO. 1
Recommendations to the Pomona City Council from the Pomona Ethics Commission

4) T he City Council ask the City to research and consider adding additional restrictions for Ethics

Commissioners

that

restrict

them

from

engaging

in

certain

political

activity

on

behalf

of

a

City

officeholder,

a

candidate

for

City

office,

or

a

City

controlled

committee

(unless

the

activity

is

on

behalf

of

their

own

candidacy)

similar

to

the

rules

required

by

the

City

of

Los

Angeles

in

an

effort

to

deter

bias

or

the

appearance

of

bias

from

Commissioners

when

dealing

with

Ethics

matters

directly

impacting

elected

officials

that

appointed

them

as

Commissioners.

(See

notes

in

Addendum

-

Political

Activity)
5) That the City Council ask the City to research and consider adding a Recusal Notification requirement

for

Commissioners;

add

requirement

for

Disclosure

of

City

action

affecting

officials

financial

interest;

and

additional

required

financial

disclosure

forms

similar

to

the

ones

developed

and

implemented

by

the

City

of

Los

Angeles

and

making

all

required

Ethics

forms

easily

available

to

the

general

public

similar

to

the

City

of

Long

Beach

and

require

the

Ethics

Commission

to

track

and

review

recusal

notifications.

When

a

Commissioner

submits

5 or

more

recusal

notifications

within

a

365

day

period,

the

Ethics

Commission

would

conduct

a

review

to

determine

whether

the

member’s

financial

interests

create

a

significant

and

continuing

conflict

with

a

member’s

duties

on

the

commission.

(See

notes

in

Addendum

-

Additional

Disclosure)
6) That the City Council ask the City to review the existing Supplier and Vendor (Procurement) Code

of

Conduct

policy

and

align

as

needed

with

the

updated

City’s

Code

of

Ethics.

7) That the City Council ask the City Manager and HR department to review and update as needed

the

definition

of

“immediate

family”

in

the

disclosing

of

family

members

section

for

city

employees.

As the Ethics Code is being updated, the Ethics reporting and investigative process needs

to

simultaneously

be

in

the

development

process;

we

recommend

that:
1) The City Council ask the City and the Ethics Commission to develop an intake and reporting process

that

allows

for

anonymous

reporting

and

is

clear

for

Elected

Officials,

City

Employees,

Commissioners

and

the

general

public

to

comprehend;

and

that

clearly

defines

the

roles

of

all

parties

involved;

and

clearly

defines

potential

Ethics

violations

by

the

end

of

January

2026.

2) The City Council ask the City and the Ethics Commission to work together and develop and launch

a

website

for

reporting

potential

Ethics

violations

by

the

end

of

January

2026.

The

development

process

may

be

a

phased

in

approach

that

includes

a

basic

process

that

is

available

early

on

and

a

more

extensive

process

and

system

that

will

take

longer

to

develop

After the Ethics Code is updated and new policies begin to be implemented; we recommend

that:

That the city council ask the City to work with the appropriate parties including but not limited to HR

department,

labor

partners

and

Ethics

Commission

to

1. develop a plan to introduce new Ethics resources and/or new Ethics requirements and trainings

for

city

employees;

2. develop a plan to introduce new Ethics resources and/or new Ethics requirements and trainings

for

Elected

Officials,

Commissioners

and

the

general

public;

3. develop a compliance tracking system;
2 Recommendations to the Pomona City Council from the Pomona Ethics Commission

4. research and consider the benefit of assigning an “ethics liaison” in every city department

similar

to

what

the

cities

of

Los

Angeles

and

Long

Beach

have

done.

(See

notes

in

Addendum

-

Ethics

Liaisons)

DRAFT ETHICS COMMISSION SCOPE OF WORK: The Pomona Ethics Commission is the main point for advice, education, policy review, campaign

matters

(including

proactive

audits

on

select

campaign

contributions

and

expenditures)

and

general

information

for

Ethics

related

matters

for

Elected

Officials,

Commissioners

and

the

general

public.

The

Ethics

Commission

is

responsible

for

developing

and

implementing

an

Ethics

enforcement

policy

that

applies

to

Elected

Officials

and

Commissioners

and

begins

after

City

staff

conduct

an

investigation

and

intake

process

and

provide

the

findings

to

the

Ethics

Commission

for

review

and

enforcement

action

(including

required

penalties

and

disciplinary

actions

to

be

imposed

per

law

or

necessary

referrals

to

other

agencies).

In Pomona the City Attorney, City Clerk and HR Department staff also play distinct roles in Ethics

matters

working

alongside

the

Ethics

Commission.The

City

Attorney

is

the

legal

advisor

to

the

City.

They

provide

legal

services

and

support

for

the

City

and

advice

for

the

Ethics

Commission,

including

in

areas

like

campaign

finance,

lobbying,

and

conflicts

of

interest

laws.

The City Clerk is the local official who administers democratic processes such as elections, access

to

City

records,

and

all

legislative

actions

ensuring

transparency

to

the

public.

Their

responsibilities

include

but

are

not

limited

to

conducting

regular

and

special

municipal

elections

and

campaign

disclosure

and

conflict

of

interest

statement

filings.The

City

Clerk

works

with

the

Ethics

Commission

by

providing

status

updates

on

Ethics

related

filings

by

Commissioners

and

Elected

Officials

and

providing

information

as

requested

regarding

campaign

disclosures

and

local

campaign

rules.

The HR Department staff are the assigned staff liaisons to the Ethics Commission. The HR staff works

closely

with

the

Ethics

Commission

and

provides

Ethics

related

information

and

policies

to

City

employees.

3 ADDENDUM

#5 LOBBYIST REGISTRATION REQUIREMENTS: City of Long Beach Long Beach Municipal Code Section 2.08 LOBBYISTS Lobbyists shall register with the City Clerk within fifteen (15) days after qualifying as a lobbyist under Section 2.08.020. A lobbyist shall renew his or her registration by January 15 or each year unless he or she has terminated their status as a lobbyist pursuant to Section 2.08.050, by such date. Long Beach Office of the City Clerk: As outlined in Long Beach Municipal Code Chapter 2.08 (Lobbyists), you may be required to register your lobbying activities with the City of Long Beach. The purpose of the Lobbyist Registration

and

Reporting

Ordinance

is

two-fold:

1)

To

ensure

the

public

has

full

knowledge

of

who

is

attempting

to

influence

the

decisions

that

affect

City

policy;

and

2)

To

ensure

that

elected

City

officials

are

informed

of

what

interests

each

lobbyist

represents.

City of Long Beach: Lobbying Ordinance: Defines who is a lobbyist and who is exempt.

City of Los Angeles City of Los Angeles Ethics Handbook Chapter 7: Lobbying (page 51-54) To foster public confidence in the integrity of City decisions, City law requires lobbying entities to disclose

their

activity

and

limits

the

ability

of

certain

City

officials

to

to

attempt

to

influence

City

action.

An individual is a City lobbyist if the individual contacts a City official or employee in an attempt to

influence

City

action

on

behalf

of

another

person

and

is

compensated

for

at

least

30 hours

of

lobbying

activity

in

a

three-month

period.

Lobbying

firms

employ

lobbyists

to

lobby

on

other

behalf

of

third

parties.

Lobbyist

employers

employ

lobbyists

in-house

to

lobby

on

the

Organization

on

behalf.

Lobbyists,

lobbying

firms,

and

lobbyist

employers

must

register

with

the

Ethics

Commission

and

file

quarterly

disclosure

statements.
#6 APPEARANCE STANDARD: CIty of Los Angeles City of Los Angeles Ethics Handbook Chapter 3: Conflicts of Interest (page 31) The City Charter has a conflicts provision, which authorizes the City Attorney to determine that a City

Official’s

or

employee’s

participation

in

a

manner

“is

not

in

the

public

interest”.

The

City

Attorney

has

opined

that

it

is

not

in

the

public

interest

for

an

individual

to

participate

in

a

manner

when

the

facts

are

such

that

the

public

might

well

question

an

individual’s

objectivity.

An

actual

conflict

is

not

necessary

to

be

disqualified

under

this

standard.

The

City

Attorney

may

decide

that

the

public

interest

prevents

you

from

acting

even

when

you

would

not

be

disqualified

by

statutory

or

common

law.

If

the

City

Attorney

concludes

that

you

cannot

act

as

a

result

of

the

public

interest

standard,

you

are

disqualified

from

acting

in

the

matter.

City of Long Beach City of Long Beach Ethics Commission Action Plan: Oversight of City Ethics Program page 13 5.7 Ethics Commission to conduct Proactive Audits on Select Campaign Contributions and Expenditures.

4 ADDENDUM

#7 POLITICAL ACTIVITY City of Los Angeles City of Los Angeles Ethics Handbook Chapter 5: Political Activity (page 45) General Managers, Department Heads, Board Members and Commissioners may not do any of the

following:

● Solicit, direct, or receive a contribution from a person who has, or in the preceding 12 months

had

a

matter

involving

a

City

action

before

you.

● Engage in any of the following on behalf of a City officeholder, a candidate for City Office,

or

a

City

controlled

Committee

(unless

the

activity

is

on

behalf

of

your

own

candidacy):

○ Ask someone to make a contribution ○ Invite someone to a fundraising event ○ Supply names to be used for a fundraising event ○ Permit your name, signature, or official title to appear on a solicitation for contributions,

or

in

an

invitation

for

a

fundraising

event.

○ Pay for 20 percent or more of the costs of a fundraising event. ○ Hire someone to conduct a fundraising event. ○ Deliver someone else’s contribution to a City officeholder, a candidate for City office,

or

a

City

controlled

committee.

Additional restrictions for Ethics Commissioners ● Participate in or contribute to the election campaign of anyone running for City or School Board

office.

● Participate in or contribute to the election campaign of a City official or School Board Member

running

for

any

office.

#2 ADDITIONAL DISCLOSURE City of Los Angeles City of Los Angeles Ethics Handbook Chapter 2: Financial Disclosure (page 19-20) City and state laws prohibit public officials from making, participating in, or attempting to use an official

position

to

influence

City

matters

in

which

they

have
a real or apparent conflict of
interests.

When

a

conflict

exists,

you

must
disqualify or recuse yourself from the City matter.

Disqualification

may

or

may

not

be

related

to

interests

reported

on

your

SEI.

Board

and

commission

members

are

required

to

file

Form

51 each

time

they

recuse.

A

separate

form

must

be

filed

for

each

item

from

which

they

recuse

themselves,

and

a

separate

form

must

also

be

filed

each

time

the

same

item

appears

on

a

separate

agenda.

In

addition,

a

Form

51 must
be filed even if the member is not present at the meeting at which the conflicting matter is considered.

The original Form 51 and a copy of the meeting agenda must be filed with the Ethics

Commission

within

15 days

after

the

meeting.

About the Notification Recusal Review Process City law requires the Ethics Commission to track and review recusals. When a Board or Commission

member

submits

3 or

more

form

51s

within

a

365-period,

the

Ethics

Commission

conducts

a

review

to

determine

whether

the

member’s

financial

interests

create

a

significant

and

continuing

conflict

with

a

member’s

duties

on

the

board

or

commission.

If

the

Ethics

Commission

determines

that

there

is

a

significant

and

continuing

conflict,

it

is

required

to

order

divestment

of

the

financial

interest

causing

the

conflict.

Divestment

can

be

avoided

by

resigning

from

the

board

or

commission.

Recusal

reviews

may

be

viewed

online

through

the

Ethics

Commission

meeting

agendas,

Statement

of

City-related

Business

(Form

44)

5 ADDENDUM

City of Los Angeles Ethics Handbook Chapter 2: Financial Disclosure (page 21) Some City officials are required to file Form 44 within 10 days after a City action affects their financial

interests.

The

individuals

who

must

file

Form

44 include

elected

officials,

board

and

commission

members,

the

heads

of

City

agencies,

and

individuals

who

hold

an

appointed

office

that

is

identified

in

the

Charter.

City actions that trigger reporting include the sale of real or personal

property

to

the
City; the purchase of real or personal property from the City; the approval

or

denial

of

an

application

for

a

City

license,

certificate,

permit,

franchise,

change

of zone, variance, credential, or other benefit; the award or denial of a City Contract; and the receipt

of

a

City

grant,

loan,

or

forgiveness

of

debt.

Interests must be reported when they are
held

by

the

official,

the

official's

spouse

or

registered

domestic

partner,

or

a

business

in

which

either

the

official

or

the

official's

spouse

or

registered

domestic

partner

holds

an

ownership

interest

of

five

percent

or

more.

City of Long Beach City of Long Beach Office of the City Clerk Disclosure Reports and Ethics Portal Public Official Form 700 Filings and the 800 form series (behested payments, gifts to agencies, ceremonial

roles

and

ticket

distributions,

etc)

are

available

for

the

public

to

easily

access

and

review.

#2 ETHICS LIAISONS City of Los Angeles Executive Directive No. 7 of the Villaraigosa Series: Governmental Ethics: Departmental Liaison, Training, and Compliance Appoint a Departmental Liaison to the City Ethics Commission The City Ethics Commission is charged with administering the City of Los Angeles Governmental

Ethics

Ordinance

through

training,

advice

and

technical

assistance

to

City

departments

and

officials,

as

well

as

through

enforcement

of

the

law,

when

necessary.

To

assist

in

the

Commission's

critical

mandate,

I

direct

each

Department

Head

to

designate

from

among

his

or

her

departmental

management

an

individual

to

act

as

liaison

to

the

City

Ethics

Commission.

That

individual

must

have

the

authority

and

responsibility

to

effectively

coordinate

the

department's

programmatic

work

with

the

Ethics

Commission,

and

to

monitor

departmental

compliance

with

all

ethics

laws

and

requirements.

The

duties

of

the

Ethics

Liaison

will

include:

● Reviewing the agency Conflict of Interest Code biennially so that it remains current; ● Ensuring full compliance of departmental personnel with requirements to file financial disclosure

statements,

statements

of

City

related

business,

and

any

other

similar

public

filing

required

by

law;
● Ensuring that staff and department-related commissioners have completed required ethics

training;
● Ensuring full compliance with this Executive Directive and Executive Directive Number 1, including

posting

of

the

City

Ethics

Code

and

filing

of

recusal

notices;
● Disseminating ethics-related materials to staff; ● Remaining up to date on emerging ethics issues, concerns and relevant enforcement matters

while

working

with

the

Department

Head

to

devise

approaches

to

broadening

compliance

with

ethics

laws

and

principles;

and
● Working with the City Ethics Commission and the Office of the Mayor when necessary to fulfill

these

duties.
6

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