Governmental Ethics Ordinance
Los Angeles Municipal Code §§ 49.5.1 et seq.
Effective January 23, 2020
200 North Spring Street, 24th Floor
Los Angeles, CA 90012
(213) 978-1960
ethics.lacity.org
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Governmental Ethics Ordinance
TABLE OF CONTENTS
SEC. 49.5.1. TITLE, FINDINGS AND PURPOSE .......................................................... 1
SEC. 49.5.2. DEFINITIONS ........................................................................................... 2
Agency ......................................................................................................................... 2 Bidder .......................................................................................................................... 2 City official ................................................................................................................... 2 Confidential information. .............................................................................................. 2 Contract ....................................................................................................................... 2 Elected City officer ....................................................................................................... 2 Matter pending ............................................................................................................. 2 Political activity ............................................................................................................ 2 Political Reform Act ..................................................................................................... 2 Restricted source ......................................................................................................... 2
SEC. 49.5.3. CONFIDENTIAL INFORMATION .............................................................. 4
SEC. 49.5.4. PROTECTION AGAINST RETALIATION ................................................. 4
SEC. 49.5.5. MISUSE OF CITY POSITION OR RESOURCES ..................................... 4
SEC. 49.5.6. CONFLICTS OF INTERESTS ................................................................... 5
SEC. 49.5.7. HONORARIA AND OUTSIDE EMPLOYMENT ......................................... 6
SEC. 49.5.8. GIFTS ....................................................................................................... 8
SEC. 49.5.9. DISCLOSURE OF ECONOMIC INTERESTS ......................................... 10
SEC. 49.5.10. DISCLOSURE BY NOMINEES ............................................................. 11
SEC. 49.5.11. CONTRACTS GENERALLY ................................................................. 11
SEC. 49.5.12. CONTRACTS AND MONEY LAUNDERING VIOLATIONS .................. 12
SEC. 49.5.13. LOBBYING ACTIVITIES OF CURRENT AND FORMER CITY OFFICIALS ............................................................................................ 14
SEC. 49.5.14. FUTURE EMPLOYMENT ..................................................................... 15
SEC. 49.5.15. ETHICS AND FRAUD AWARENESS TRAINING ................................. 16
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SEC. 49.5.16. ENFORCEMENT .................................................................................. 16
SEC. 49.5.17. LATE FILING PENALTIES .................................................................... 18
SEC. 49.5.18. AUTHORITY TO ENACT ...................................................................... 18
SEC. 49.5.19. RECORDKEEPING............................................................................... 18
SEC. 49.5.20. SEVERABILITY .................................................................................... 19
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Governmental Ethics Ordinance
Los Angeles Municipal Code Chapter IV, Article 9.5
Added by Ordinance No.165618, effective 4/21/90.
Amended in its entirety by Ordinance No.182842, effective 2/10/14.
SEC. 49.5.1. TITLE, FINDINGS AND
PURPOSE.
A. Title. This Article shall be known as the
City of Los Angeles Governmental
Ethics Ordinance.
B. Findings. The following findings are
adopted in conjunction with the
enactment of this Article:
1. As one of the great international
cities of the world, Los Angeles will
continue to confront great and
complex opportunities and problems
of both local and global significance.
2. One of the best ways to attract
talented people to public service is to
assure that the government is
respected for its honesty and
integrity; that its decisions are made
on the merits, untainted by any
consideration of private gain; and
that the rules governing their conduct
during and after leaving government
service are as clear and complete as
possible.
3. A governmental ethics ordinance
that is as clear, tough, fair,
comprehensive and effective as any
in the nation is therefore needed.
C. Purposes. This Article is adopted to
accomplish the following purposes:
1. To assure that individuals and
interest groups in our society have a
fair and equal opportunity to
participate in the governmental
process.
2. To assure that the governmental
process itself promotes fairness and
equity for all residents of the City
regardless of race, color, creed,
religion, national origin, age, sex,
marital status, sexual orientation or
disability.
3. To require elected City officers and
key City officials to disclose
investments, interests in real
property and income in order to
prevent conflicts of interests.
4. To prevent elected City officers and
key City officials from receiving
outside earned income that creates a
potential conflict of interests.
5. To prevent City officials from
lobbying the City for certain periods
of time after they leave City service.
6. To increase understanding of the
City Charter and ordinances, the
roles of elected City officers and
other public officials, the roles of City
agencies, and the City election
process.
7. To help restore public trust in
governmental and electoral
institutions.
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8. To assure that this Article is
vigorously enforced.
SEC. 49.5.2. DEFINITIONS.
The following terms have the meanings
identified below. Other terms used in this
Article have the meanings identified in the
state’s Political Reform Act.
A. “Agency” means the City of Los
Angeles or any City department, bureau,
office, board, commission, or entity
required to adopt a conflict of interests
code subject to City Council approval.
With respect to employees of a City
Council member's staff and employees
of the Chief Legislative Analyst's office,
"agency" means the City Council. The
term does not include a governmental
entity that is not within the City’s control,
even if the entity is required to adopt a
conflict of interests code subject to City
Council approval, unless the entity
elects to be subject to this Article.
B. “Bidder” means a person who bids on
or submits a proposal or other response
to a City contract solicitation including a
request for proposals, request for bids,
request for qualifications, or any other
request for purposes of entering into a
contract.
C. “City official” means an elected City
officer or an agency board member,
officer, employee, commissioner, or
consultant who, because of the
individual’s service to an agency, is
required to file a statement of economic
interests pursuant to the Political
Reform Act.
D. “Confidential information” means
information that, if it were contained in a
document, would not be subject to
disclosure under the state’s Public
Records Act.
E. “Contract” means an agreement,
lease, right of entry, franchise, or
concession, including but not limited to
an agreement for the performance of
work, the rendition of service, or the
provision of materials, equipment, or
supplies to the City or the public, which
is let, awarded, or entered into with or
on behalf of an agency.
F. “Elected City officer” means a person
who is a City Council member, City
Attorney, Controller, or Mayor, whether
appointed or elected.
G. “Matter pending” means a matter in
which a non-ministerial action is
required to proceed with or resolve the
matter but has not yet been taken.
H. “Political activity” means activity
directed at the success or failure of any
ballot measure or candidate for elective
office in a future election and includes
but is not limited to: endorsing a
candidate; engaging in fundraising;
developing, displaying, or distributing
campaign materials; conducting
research; or posting comments on social
media or other Internet sites.
I. “Political Reform Act” means the
California Political Reform Act of 1974
(California Government Code Sections
81000 et seq.) and the related
regulations of the California Fair Political
Practices Commission as amended from
time to time.
J. “Restricted source” means the
following:
1. For elected City officers, a restricted
source is the following:
a. A person who files as a lobbying
firm or lobbyist or is required to
file as a lobbying firm or lobbyist,
as defined in Section 48.02.
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b. A person who has entered into,
performs under, or seeks a
contract with the City. This does
not include the following:
i. An individual who has entered
into or performs under an
agreement with the City
regarding employment; or
ii. A person who receives or
pays for services normally
rendered by the City to
residents and businesses,
such as sewer service, water
and power service, or street
maintenance.
c. A person who, during the prior 12
months, attempted to influence
the elected City officer in any City
action that would have a material
financial effect on the person.
This does not include an
individual who attempted to
influence action regarding that
individual’s own City
compensation, benefits, or
retirement.
d. A person who is or in the prior 12
months was a party to a
proceeding involving a license,
permit, or other entitlement for
use that was pending before the
elected City officer, the City
Council, or a board, commission,
committee, or other similar body
of which the elected City officer is
a voting member.
e. A person who is an applicant,
owner, or principal under Section
49.7.37. 2. For all other City officials, a restricted
source is the following:
a. A person who seeks to influence
decisions of the City official’s
agency and files as a lobbying
firm or lobbyist, or is required to
file as a lobbying firm or lobbyist
as defined in Section 48.02;
b. A person who has entered into,
performs under, or seeks a
contract with the City official’s
agency. This does not include
the following:
i. An individual who has entered
into or performs under an
agreement with the City
official’s agency regarding
employment; or
ii. A person who receives or
pays for services normally
rendered by the City to
residents and businesses,
such as sewer service, water
and power service, or street
maintenance.
c. A person who, during the prior 12
months, attempted to influence
the official in any City action that
would have a material financial
effect on the person. This does
not include an individual who
attempted to influence action
regarding that individual’s own
City compensation, benefits, or
retirement.
d. A person who is or in the prior 12
months was a party to a
proceeding involving a license,
permit, or other entitlement for
use that was pending before the
official or before a board,
commission, committee, or other
similar body of which the official
is a voting member.
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History:
Amended by Ord. 167949, effective 7/5/92.
Amended by Ord. 168056, effective 8/8/92.
Amended by Ord. 170655, effective 9/21/95.
Amended by Ord. 172891, effective 12/11/99.
Amended by Ord. 173363, effective 7/29/00.
Amended by Ord. 176824, effective 8/27/05.
Amended by Ord. 182842, effective 2/10/14.
Amended by Ord. 186477, effective 1/23/20.
SEC. 49.5.3. CONFIDENTIAL
INFORMATION.
A current or former City official or agency
employee shall not misuse or disclose
confidential information acquired as a result
of City service.
History:
Amended by Ord. 182842, effective 2/10/14.
SEC. 49.5.4. PROTECTION AGAINST
RETALIATION.
A. City officials and agency employees
shall not use or threaten to use any
official authority or influence to
discourage, restrain, or interfere with
another person’s attempt to report
possible violations of law to the Ethics
Commission or another governmental
entity.
B. City officials and agency employees
shall not use or threaten to use any
official authority or influence to effect
any action as a reprisal against another
person who reports a possible violation
of law to the Ethics Commission or
another governmental entity.
C. A person who believes that he or she
has been subjected to an action
prohibited by this Section may file a
confidential complaint with the Ethics
Commission.
D. The Ethics Commission may refer
retaliation complaints to appropriate
agencies for disciplinary purposes.
History:
Amended by Ord. 168708, effective 5/13/93.
Amended by Ord. 182842, effective 2/10/14.
SEC. 49.5.5. MISUSE OF CITY POSITION
OR RESOURCES.
A. 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.
B. City officials and agency employees
shall not engage in political activity in
the following scenarios:
1. While on duty for the City.
2. In any manner that implies the City
official or agency employee is
speaking on behalf of the City or
communicating a City position. This
may include but is not limited to
engaging in political activity in the
following scenarios:
a. While wearing a uniform or
official City insignia; or
b. Using a City title or position.
3. In a room or building that is owned
by the City or primarily paid for or
used by the City and occupied by a
City official or agency employee in
the discharge of City duties. This
does not include a City room or
building that is available to the public
for organized campaign activities as
long as the City official or agency
employee does not use the room or
building during the official's or
employee's City working hours and
does not use other City resources for
the activity.
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4. Using City equipment, vehicle,
supplies, or resources, including but
not limited to mailing and distribution
lists, electronic mail, and electronic
data.
C. A person shall not induce or coerce or
attempt to induce or coerce another
person to engage in activity prohibited
by Subsections A or B.
D. This Section does not prohibit the use of
City resources to provide information to
the public about the possible effects of a
bond issue or ballot measure relating to
City activities, operations, or policies
when the use of public resources is
otherwise legally authorized.
History:
Amended by Ord. 172891, effective 12/11/99.
Amended by Ord. 182842, effective 2/10/14.
SEC. 49.5.6. CONFLICTS OF
INTERESTS.
A. City officials shall not make, participate
in making, or attempt to use their official
positions to influence City decisions in
which they know or have reason to
know they have a financial interest.
B. In the first 12 months of City service, a
City official or agency employee shall
not knowingly make, participate in
making, or attempt to use his or her
official position to influence a City
decision directly relating to a contract
when a party to the contract is a person
by whom the individual was employed in
the 12 months immediately prior to
entering City service.
C. Statements of City-Related Business.
1. An elected City officer, a candidate
for elected City office, a member of a
City board or commission, a general
manager or chief administrative
officer of an agency, and an
individual holding an appointive
office named in the Charter shall file
a statement of City-related business
with the Ethics Commission within
ten calendar days after a City action,
other than a ministerial action,
affects the individual’s personal
financial interests.
2. For purposes of the statement, a City
action affects an individual’s
personal financial interests if it
involves one or more of the following
held by, required of, or sought by the
individual, the individual’s spouse or
registered domestic partner, or a
business entity in which either the
individual or the individual’s spouse
or registered domestic partner holds
an ownership interest of five percent
or more:
a. The sale of real or personal
property; or
b. The performance of services
pursuant to a contract; or
c. A grant, loan, or forgiveness or
payment of indebtedness; or
d. An application for a license,
certificate, permit, franchise,
change of zone, variance,
credential, or other benefit or
relief.
3. The statement shall be in sufficient
detail as to dates, amounts,
identifying numbers or symbols,
locations, and subject matter to
make the action identifiable by
reference to City records.
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4. The statement shall be filed under
penalty of perjury in a method
prescribed by the Ethics
Commission.
5. The statement shall satisfy the
requirements of Section 304 of the
City Election Code.
D. Recusal Notification.
1. A member of a City board or
commission who is required to file a
statement of economic interests
pursuant to the Political Reform Act
shall file a recusal notification form
each time the member recuses
himself or herself in relation to an
actual or apparent conflict of
interests.
a. The member shall file a copy of
the completed form with the
executive secretary for the
commission or board (or the
person acting in that capacity) as
soon as possible after the posting
of the agenda containing the item
involving the member’s conflict of
interests.
b. The member shall file the original
form, along with a copy of the
meeting agenda containing the
item involving the conflict of
interests, with the Ethics
Commission within 15 calendar
days after the date of the meeting
at which the recusal occurred.
c. The member shall file the form
even if the member is not present
at the meeting.
2. The form shall be filed under penalty
of perjury in a method prescribed by
the Ethics Commission and shall
include, at a minimum, the following:
a. The member’s name;
b. The name of the member’s board
or commission;
c. The date of the meeting at which
the recusal occurred or would
have occurred;
d. The agenda item number, a brief
description of the matter, and a
statement of whether the matter
concerns the making of a
contract; and
e. The specific interest causing the
recusal and a statement of
whether the interest is financial.
E. Every agency shall make every effort to
avoid hiring or appointing City officials
who hold and are unwilling or unable to
sell assets that would present significant
and continuing conflicts of interests.
History:
Amended by Ord. 167949, effective 7/5/92.
Amended by Ord. 175344, effective 8/16/03.
Amended by Ord. 177190, effective 1/23/06.
Amended by Ord. 177853, effective 10/7/06.
Amended by Ord. 182842, effective 2/10/14.
SEC. 49.5.7. HONORARIA AND
OUTSIDE EMPLOYMENT.
A. City officials and agency employees
shall not engage in outside employment
during any hours they are paid to
engage in City business. A person shall
not induce or coerce or attempt to
induce or coerce a City official or
agency employee to engage in such
outside employment.
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B. Elected City officers shall not receive
any payment, including honoraria, for
their services other than that provided
for by City Charter Section 218.
However, they may receive
compensation for serving on
governmental entities where payment is
authorized for other governmental
officers or employees serving in such
capacity.
C. City officials, other than elected City
officers and part-time board and
commission members, shall not accept
a payment for honoraria or other outside
earned income or employment without
prior written approval.
1. Prior written approval must first be
obtained from the general manager
or chief administrative officer of the
City official’s department.
a. General managers, chief
administrative officers, and
members of the Board of Public
Works must obtain prior written
approval from their appointing
authorities.
b. City Council staff members must
obtain prior written approval from
their City Council members.
c. A City official who does not have
an appointing authority must
obtain prior written approval from
the Ethics Commission.
2. If the general manager, chief
administrative officer, or appointing
authority approves the payment, the
City official must determine whether
the source is a restricted source for
the City official. If the source is a
restricted source, the City official
shall not accept the payment without
also obtaining prior written approval
from the Ethics Commission.
3. The approval required by
Subdivisions 1 and 2 shall be denied
if the general manager, chief
administrative officer, appointing
authority, or Ethics Commission
determines that receipt of the
payment would be inconsistent,
incompatible, in conflict with, or
inimical to the City official's official
duties, functions, or responsibilities.
Such a determination must be made
if one or more of the following factors
applies:
a. The payment or the services for
which the payment would be
received would involve any of the
following:
i. The actual use of or the
appearance of the use of
public office, employment,
time, facilities, equipment, or
supplies for private gain;
ii. The City official’s performance
of an act that could later be
subject to the control,
inspection, review, audit, or
enforcement of the City
official’s agency; or
iii. Such time demands that the
City official’s performance of
official City duties would be
rendered less efficient.
b. The City official would be
accepting payment from a person
other than the City official’s
agency for performing an act that
the City official would be required
or expected to render in the
regular course of performing City
duties.
c. The City official is in a position to
make, participate in making, or
influence a City decision that
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could foreseeably have a material
financial effect on the source of
the payment.
4. A request for approval from the
Ethics Commission shall be treated
as a request for written advice under
Charter Section 705(b).
History:
Amended by Ord. 168056, effective 8/8/92.
Amended by Ord. 172942, effective 1/21/00.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.9).
SEC. 49.5.8. GIFTS.
A. A person shall not offer or make and a
City official shall not solicit or accept a
gift when it is reasonably foreseeable
that the City official could be influenced
by the gift in the performance of an
official act.
B. City officials shall comply with the gift
requirements and restrictions in the
Political Reform Act and California
Constitution. When the Political Reform
Act’s gift provisions, other than gift
limits, refer to a lobbying entity, the
reference shall include a City lobbying
firm and lobbyist.
C. In addition to the state requirements and
restrictions identified in Subsection B,
City officials shall also comply with the
following gift restrictions for restricted
sources.
1. A City official shall not solicit a gift
from a restricted source. A City
official shall not accept a gift that
exceeds the applicable gift limit from
a restricted source.
2. A person who is a restricted source
to a City official shall not offer or
make a gift that exceeds the
applicable gift limit to that City
official.
3. A restricted source shall not act as
an agent or intermediary in or
arrange for the making of a gift by
another person to a City official that
exceeds the applicable gift limit.
4. The applicable gift limits are as
follows:
a. For restricted sources identified
in Section 49.5.2(J)(1)(a) or
Section 49.5.2(J)(2)(a), the
applicable gift limit is zero.
b. For all other restricted sources,
the applicable gift limit is one-
hundred dollars ($100) per
calendar year.
5. The applicable gift limits for
restricted sources do not apply to the
following:
a. Items received by a City official
from a union representing that
City official.
b. Food and beverages received by
a City official from a union
representing a bargaining unit of
City officials.
c. Items received by a City official
acting in an official City capacity
from an organization to which the
City, the City official, or the City
official’s agency belongs as a
member.
d. Nominal and routine office
courtesies received by a City
official in a restricted source’s
place of business, as long as the
courtesies are available to any
person who visits that place of
business.
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e. Payments for travel and meals
that are made by an organization
that is exempt from taxation
under Section 501(c)(3) of the
Internal Revenue Code, a bona
fide educational institution as
defined by Section 203 of the
California Revenue and Taxation
Code, or a governmental entity
and where the payments are
exempt from the gift limits in the
Political Reform Act.
6. A City official has the duty to
determine whether a person is a
restricted source to him or her. A
person offering or making a gift to a
City official has the duty to determine
whether he or she is a restricted
source to that City official.
a. For restricted sources identified
in Sections 49.5.2(J)(1)(a) and
49.5.2(J)(2)(a), the following
apply:
i. A City official may presume
that a person is not a
restricted source to him or her
if the person is not identified
in the electronic filing system
for lobbying entities under
Section 48.06(B) on the date
the gift is offered or made, the
City official has conducted a
reasonable inquiry into
whether the person is a
restricted source between
database updates, and the
City official does not have
personal knowledge that the
person qualifies as a
restricted source.
ii. The electronic filing system
for lobbying entities is a
reference for compliance and
enforcement purposes for
gifts offered or made as of the
date the database was last
updated.
b. For restricted sources identified
in Sections 49.5.2(J)(1)(b) and
49.5.2(J)(2)(b), the following
apply:
i. A City official may presume
that a person is not a
restricted source to him or her
if the person is not identified
in the database in Section
49.5.11(B) on the date the gift
is offered or made, the City
official has conducted a
reasonable inquiry into
whether the person is a
restricted source between
database updates, and the
City official does not have
personal knowledge that the
person qualifies as a
restricted source.
ii. The restricted source gift limit
does not apply to sources that
are only identified in Section
49.5.2(J)(1)(b) or Section
49.5.2(J)(2)(b) until the Ethics
Commission and the City
Council initially certify that the
database in Section
49.5.11(B) provides enough
information for a City official to
determine whether a person is
a restricted source to him or
her under Section
49.5.2(J)(1)(b) or
49.5.2(J)(2)(b).
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iii. The database is a reference
for compliance and
enforcement purposes for
gifts offered or made from the
date the database is certified
through the date the database
was last updated.
c. For restricted sources identified
in Sections 49.5.2(J)(1)(c),
49.5.2(J)(1)(d), 49.5.2(J)(2)(c),
and 49.5.2(J)(2)(d), the following
apply:
i. A City official may presume
that a person is not a
restricted source to him or her
if the City official has
conducted a reasonable
inquiry into whether the
person is a restricted source
and does not have personal
knowledge that the person
qualifies as a restricted
source.
ii. The Ethics Commission will
not maintain a database.
d. A reasonable inquiry includes
asking the source, asking a
responsible employee in the
relevant agency, and reviewing
the City Clerk’s council file
management system.
D. A ticket or pass distributed by an agency
to a City official in accordance with
Chapter 5 of Los Angeles Administrative
Code Division 24 is not a gift to the City
official.
History:
Amended by Ord. 168056, effective 8/8/92.
Amended by Ord. 178064, effective 1/15/07.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.10).
Amended by Ord. 183731, effective 8/4/15.
SEC. 49.5.9. DISCLOSURE OF
ECONOMIC INTERESTS.
A. A City official shall file a statement of
economic interests pursuant to the
Political Reform Act and this Section.
B. Whenever an elected City officer, a
member of a City board or commission,
or a general manager or chief
administrative officer of an agency is
required by the Political Reform Act to
file a statement of economic interests,
the individual also shall disclose
financial interests associated with
restricted sources.
1. The following financial interests shall
be disclosed:
a. Interests in real property that
were leased from or to, co-owned
by, purchased from, or sold to a
restricted source by the City
official or the City official’s
spouse, registered domestic
partner, or dependent child.
b. Investments that were co-owned
by, purchased from, or sold to a
restricted source by the City
official or the City official’s
spouse, registered domestic
partner, or dependent child.
c. Income other than gifts that was
valued at $500 or more and was
received from a restricted source
by the City official or the City
official’s spouse, registered
domestic partner, or dependent
child.
d. Gifts cumulatively valued at $50
or more and that were received
from a restricted source by the
City official or the City official’s
spouse, registered domestic
partner, or dependent child.
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e. Positions held on the board of a
restricted source by the City
official or the City official’s
spouse, registered domestic
partner, or dependent child.
2. The disclosure shall be verified
under penalty of perjury.
3. The disclosure shall be made in a
method prescribed by the Ethics
Commission and may include
additional information the Ethics
Commission deems necessary.
4. The disclosure shall be filed on the
same schedule and for the same
reporting period as the statement
required by the Political Reform Act.
5. A City official is not required to
disclose the name of a person who
paid fees or made payments to the
City official or to a business entity in
which the City official or the City
official’s spouse or registered
domestic partner holds an interest if
the executive director determines
that disclosing the person's name
would violate a legally recognized
privilege.
C. The Ethics Commission may, by
regulation, require the disclosure of
specific types of financial interests, in
addition to those interests required to be
disclosed pursuant to this Section, if it is
reasonably foreseeable that the interest
could be materially affected by the City
official’s exercise of official City duties.
History:
Amended by Ord. 167949, effective 7/5/92.
Amended by Ord. 173101, effective 3/27/00.
Amended by Ord. 173138, effective 4/24/00.
Amended by Ord. 173870, effective 5/14/01.
Amended by Ord. 177190, effective 1/23/06.
Amended by Ord. 177853, effective 10/7/06.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord.182842, effective 2/10/14 (prev.49.5.6(A-C)).
SEC. 49.5.10. DISCLOSURE BY
NOMINEES.
A. Each person nominated to a position in
an agency subject to a conflict of
interests code, where appointment is
subject to confirmation by the City
Council, shall file a financial disclosure
statement with the Ethics Commission in
the method prescribed by the Ethics
Commission. The financial disclosure
statement shall be filed within 21 days of
the appointing authority’s transmission
of the nominee's appointment to the City
Council.
B. Within five business days of receiving a
complete financial disclosure statement
from the appointee, the Ethics
Commission staff shall forward a copy of
the financial disclosure statement to the
appointing authority and the City Council
or its committee confirming the
appointment.
History:
Amended by Ord. 167949, effective 7/5/92.
Amended by Ord. 174613, effective 7/7/02.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.7).
SEC. 49.5.11. CONTRACTS
GENERALLY.
A. Except at a public meeting, a member of
a City board or commission shall not
participate in the development, review,
evaluation, or negotiation of or the
recommendation process for bids,
proposals, or any other requests for the
award or termination of a contract,
amendment, or change order involving
that board, commission, or agency.
This does not preclude individual
members from reviewing documents
and other information provided by
agency staff when preparing for a public
meeting at which the matter will be
considered.
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B. The Ethics Commission shall provide an
official, electronic City database for
restricted sources that are identified in
Sections 49.5.2(J)(1)(b) and
49.5.2(J)(2)(b).
1. Each agency shall submit to the
Ethics Commission information
regarding every person who, during
the relevant time period, was a party
to an agency contract, was a bidder
on an agency contract, or responded
to a request for proposals for an
agency contract. Submitting the
information to the City Clerk or to
another City database shall not be
deemed compliance with this
Section.
2. Agency information must include the
name of the person, the date the bid
or response was submitted, the date
the contract was entered into, any
contract or proposal number, a brief
description of the contract, and any
other information deemed necessary
by the Ethics Commission.
3. Agency information must be
submitted in a method prescribed by
the Ethics Commission by the
following dates:
a. Every January 31, covering the
immediately preceding October 1
through December 31;
b. Every April 30, covering the
immediately preceding January 1
through March 31;
c. Every July 31, covering the
immediately preceding April 1
through June 30; and
d. Every October 31, covering the
immediately preceding July 1
through September 30.
4. For each agency, the Ethics
Commission shall update the
database within 45 days after a
quarterly filing deadline that is
specified in paragraph 3 or the date
the agency submits complete
quarterly information, whichever is
later. The database shall include a
disclaimer noting the date of the last
update for each agency.
5. If an agency fails to submit complete
quarterly information within five
business [days] after a quarterly
filing deadline specified in paragraph
3, the Ethics Commission staff shall
notify every elected City officer and
the agency’s general manager or
chief administrative officer of the
delinquency. Failure to comply
within 10 business days of the date
of the notice will subject the agency’s
general manager, chief
administrative officer, or responsible
elected City officer to liability under
Section 49.5.17.
6. For purposes of this Subsection, a
City Council district is a distinct
agency.
7. The City shall provide the Ethics
Commission with adequate staffing
and funding to create, maintain, and
update the database.
History:
Amended by Ord. 176824, effective 8/27/05.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/140/14 (prev. 49.5.17).
SEC. 49.5.12. CONTRACTS AND MONEY
LAUNDERING VIOLATIONS.
A. Competitively Bid Contracts.
1. An awarding authority shall not
award a contract to a bidder if it finds
the following:
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a. The Ethics Commission has
found that the bidder violated City
Charter Section 470(k) in the
previous four years; and
b. The bidder lacks integrity such
that it is unfit to perform the work
specified in the contract. The
awarding authority shall make
that finding unless there are
specific facts brought to its
attention in writing that indicate
otherwise.
2. If the findings in paragraph 1 are
made, the awarding authority shall
deem the bidder to be not
responsible.
3. Prior to making a finding that a
bidder is not responsible, the
awarding authority shall do the
following:
a. Notify the bidder of its intention to
consider making the finding.
b. Offer the bidder an opportunity to
present evidence and argue that,
despite the violation, the
awarding authority should not
have reason to question the
bidder’s integrity and fitness to
perform the contract.
c. Hold an informal hearing at which
the bidder and other interested
parties may make presentations.
d. Consider the presentations of the
bidder and other interested
parties and be satisfied that the
finding is merited.
B. Fee Waivers. A discretionary fee
waiver of more than $1,000 shall not be
granted for a person who has been
found by the Ethics Commission to have
violated City Charter Section 470(k)
within the previous four years.
C. Notice of Violations.
1. The Ethics Commission shall provide
a copy of every Commission
enforcement decision relating to a
violation of City Charter Section
470(k) to the general manager or
other head of each agency.
2. A person who submits a bid or
proposal or requests a fee waiver
shall include with the submission or
request a copy of the Ethics
Commission’s decision of violation.
3. A report that contains sufficient
information to allow a decision-
making body to comply with this
Section shall be submitted to the
decision-making body by the
following:
a. By the City Clerk, when the City
Council is the decision-making
body.
b. By agency staff when a City
board or commission is the
decision-making body.
D. Reduction of Time Period. The Ethics
Commission may reduce the time during
which this Section applies to not less
than one year if it finds that the
contracting party has done either of the
following:
1. Accepted responsibility for the
violation by entering into a stipulation
with the Ethics Commission in which
the party admits the violation or
otherwise exhibits evidence of
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having accepted responsibility; or
2. Mitigated the wrongdoing by taking
prompt remedial or corrective action.
E. Waiver of Provisions. The City
Council may waive any or all of the
requirements in this Section if it finds
that an overriding public policy
consideration justifies doing so.
1. The finding must be approved in
writing by a two-thirds vote of the
City Council’s entire membership.
2. The finding must identify the nature
of the overriding public policy
consideration and the reason why
that consideration justifies the
waiver. A waiver is justified if it
would result in a significant
community or financial benefit to the
City or if it is necessary to preserve
the health, safety, or welfare of the
public.
F. Exception. This Section, excluding
Subsection D(1), does not apply to the
following proprietary City departments:
Airports, City Employees Retirement
System, Harbor, Library, Pensions,
Recreation and Parks, and Water and
Power.
History:
Added by Ord. 171142, effective 8/3/96.
Amended by Ord. 172942, effective 1/21/00.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.21).
SEC. 49.5.13. LOBBYING ACTIVITIES
OF CURRENT AND FORMER CITY
OFFICIALS.
A. A member of a City board or
commission who is required to file
statements of economic interests
pursuant to the Political Reform Act
shall not receive compensation to
communicate, either personally or
through an agent, with a City official for
the purpose of attempting to influence
action on a City matter on behalf of a
person other than an agency. This
Subsection does not prohibit a member
of a City board or commission from
appearing before an agency in the same
manner as any other member of the
general public solely to represent
himself or herself in a matter related to
his or her personal interests.
B. A former City official or agency
employee who personally and
substantially participated in a specific
matter during City service shall not
receive compensation to attempt to
influence City action on that matter,
either personally or through an agent,
on behalf of a person other than an
agency. Personal and substantial
participation includes but is not limited to
making or voting on a decision or
making a recommendation, rendering
advice, and conducting research or an
investigation.
1. A former City official or agency
employee shall not receive
compensation to counsel or assist a
person other than an agency
regarding activity that is prohibited
for the former City official or agency
employee pursuant to this
Subsection.
2. This prohibition applies as long as
the matter is still pending before an
agency or an agency is a party to the
matter.
3. This prohibition does not apply when
the former City official or agency
employee participated in the matter
in solely a ministerial capacity.
C. The following time-based restrictions on
lobbying activities apply to former City
officials.
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1. For one year after leaving City
service, a City official shall not
receive compensation to attempt to
influence, either personally or
through an agent, City action on any
matter pending before any agency
on behalf of a person other than an
agency if, during the 24 months
preceding the official’s departure
from City service, the official held
any of the following positions:
elected City officer; Board of Public
Works Commissioner; General
Manager; Chief Administrative
Officer; Mayor's Chief of Staff;
Deputy Mayor; Mayoral Aide VII;
Mayoral Aide VIII; Executive
Assistant City Attorney; Chief
Assistant City Attorney; Senior
Assistant City Attorney; City Attorney
Exempt Employee; Chief Deputy
Controller; Administrative Deputy
Controller; Principal Deputy
Controller; Council Aide VI; or
Council Aide VII.
2. For one year after leaving City
service, all other former City officials
shall not receive compensation to
attempt to influence, either
personally or through an agent, City
action on any matter pending before
an agency in which the City official
served during the 24 months
preceding the official’s departure
from City service on behalf of a
person other than an agency.
Serving an agency means being
directly employed by or being
assigned or on loan to that agency.
D. This Section does not apply to the
following:
1. Attempts to influence solely
ministerial action on City matters.
2. Attempts to influence made by
former City officials who are officers
or employees of a governmental
entity and are solely representing
that entity in an official capacity.
E. By July 31 of every year, the City
Controller shall submit to the Ethics
Commission the names of each
individual who held a position identified
in Subsection (C)(1) during the
preceding 24 months. By July 31 of
every year, the City Clerk shall submit to
the Ethics Commission the names of
each individual who held a City Attorney
Exempt position as provided in City
Charter Section 1050(d) during the
preceding 24 months.
F. Upon the petition of an interested party,
a court or presiding officer in a judicial,
quasi-judicial, or other proceeding may
exclude a person found to be in violation
of this Section from further participating
in or assisting another participant in a
proceeding pending before that court or
presiding officer. Notice and an
opportunity to be heard must be
provided.
History:
Amended by Ord. 168057, effective 8/8/92.
Amended by Ord. 172891, effective 12/11/99.
Amended by Ord. 176823, effective 8/27/05.
Amended by Ord. 178064, effective 1/15/07.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.11).
SEC. 49.5.14. FUTURE EMPLOYMENT.
A. The following limits on future
employment apply to City officials.
1. The Mayor, the City Attorney, the
City Controller, a general manager,
and a chief administrative officer
shall not directly or indirectly,
knowingly or willfully negotiate the
possibility of future employment or
business opportunities with a person
other than a governmental entity if
the person has a matter that is
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currently pending before that City
official or the City official’s agency.
2. A member of the City Council, a City
board or commission, or another
voting body of an agency who is
required to file statements of
economic interests pursuant to the
Political Reform Act shall not directly
or indirectly, knowingly or willfully
negotiate the possibility of future
employment or business
opportunities with a person other
than a governmental entity if the
person has a matter that is currently
pending before that City official or a
body of which the City official is a
voting member.
3. A City official other than one
identified in Subsection 1 or 2 above
shall not directly or indirectly,
knowingly or willfully negotiate the
possibility of future employment or
business opportunities with a person
other than a governmental entity if
the person has a matter that is
currently pending before that City
official.
4. City officials shall not make,
participate in making, or use their
official City positions to influence a
decision involving the interests of a
person with whom they have an
agreement concerning future
employment or business
opportunities.
B. A person who has a matter pending
before a City official or a body of which
the City official is a voting member shall
not directly or indirectly, knowingly or
willfully negotiate the possibility of future
employment of or business opportunities
for that City official.
C. A person has a matter pending if the
person is a party to or is compensated
to represent a party to the matter.
History:
Amended by Ord. 168057, effective 8/8/92.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.12).
SEC. 49.5.15. ETHICS AND FRAUD
AWARENESS TRAINING.
A. Ethics Training. All City officials are
required to complete ethics training at
the time of entering City service and
once every two years thereafter. The
training shall be developed by the Ethics
Commission, in partnership with the
Office of the City Attorney, and shall be
structured to ensure that participants
have knowledge to comply with all of the
relevant ethics laws governing their
service to the City.
B. Fraud Awareness Training. All full-
time City employees are required to
complete on-line training for fraud
awareness at the time of entering City
service and once every two years
thereafter. The training shall be
developed by the City Controller's
Fraud, Waste and Abuse Unit and
provided by the Personnel Department
as described in the Los Angeles
Administrative Code.
History:
Repealed by Ord. 172891, effective 12/11/99.
Added by Ord. 178064, effective 01/15/07.
Amended by Ord. 182478, effective 04/17/13.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.18).
SEC. 49.5.16. ENFORCEMENT.
A. Criminal Enforcement.
1. A person who does any of the
following is guilty of a misdemeanor:
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a. Knowingly or willfully violates a
provision of this Article;
b. Knowingly or willfully causes
another person to violate a
provision of this Article; or
c. Aids and abets another person in
violating a provision of this
Article.
2. Prosecution shall be commenced
within four years after the date of the
violation.
3. A person convicted of a
misdemeanor under this Article shall
not act as a City lobbyist or
contractor for four years following the
date of the conviction, unless the
court at the time of sentencing
specifically determines that this
provision shall not be applied.
4. For the purposes of this Section, a
plea of nolo contendere shall be
deemed a conviction.
B. Civil Actions.
1. A person who intentionally or
negligently violates a provision of
this Article shall be liable in a civil
action brought by the City Attorney,
the Ethics Commission, or a person
residing within the City for an amount
not more than the greater of $5,000
per violation or three times the
amount the person failed to report,
properly or unlawfully contributed,
expended, gave, or received.
2. If two or more persons are
responsible for any violation, they
shall be jointly and severally liable.
3. A person other than the City
Attorney, before filing a civil action
pursuant to this Subsection, shall
first file with the Ethics Commission
a written request for the Ethics
Commission to commence the
action. The request shall contain a
statement of the grounds for
believing a cause of action exists.
The Ethics Commission shall
respond within 40 days after receipt
of the request, indicating whether it
intends to file a civil action. If the
Ethics Commission indicates in the
affirmative and files an action within
40 days thereafter, no other action
may be brought unless the action
brought by the Ethics Commission is
dismissed without prejudice.
4. In determining the amount of liability,
the court may take into account the
seriousness of the violation and the
degree of culpability of the
defendant. If a judgment is entered
against the defendant or defendants
in an action, a private plaintiff shall
receive 50 percent of the amount
recovered. The remaining 50
percent shall be deposited into the
City's General Fund. In an action
brought by the City Attorney or the
Ethics Commission, the entire
amount shall be paid to the General
Fund.
5. An action alleging a violation of this
article may not be filed more than
four years after the date the violation
occurred.
6. The court may award to a party other
than an agency who prevails in a
civil action that party’s costs of
litigation, including reasonable
attorney fees. If the costs are
awarded against the City, the
payment of the award is the
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responsibility of the City, subject to
City Council approval.
C. Injunctive Relief. A person residing
within the City, including the City
Attorney, may sue for injunctive relief to
enjoin violations of or to compel
compliance with this Article.
D. Administrative Penalties. The
Commission may impose penalties and
issue orders for violations of this Article
pursuant to its authority under Charter
Section 706(c).
E. Discipline. An appointed City official or
agency employee who violates a
provision of this Article shall be subject
to administrative discipline by his or her
appointing authority. Such discipline
shall be administered in accordance
with procedures prescribed by law or
established by City policy. The
Commission shall notify an agency
when one of its City officials or
employees is found to be in violation of
this Article.
F. Other Governmental Entities. If a
governmental entity that is required to
adopt a conflict of interests code subject
to City Council approval but is not
otherwise within the City’s control
adopts governmental ethics regulations
governing the conduct of its current or
former officers or employees, violations
of those regulations are subject to civil
and administrative enforcement and
discipline under Subsections B through
E.
History:
Amended by Ord. 168229, effective 10/11/92.
Amended by Ord. 170538, effective 7/13/95.
Amended by Ord. 172942, effective 1/21/00.
Amended by Ord. 175877, effective 5/5/04.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.19).
SEC. 49.5.17. LATE FILING PENALTIES.
In addition to any other penalties, a person
who files an original statement or report
after a deadline imposed by this Article is
liable to the Ethics Commission in the
amount of $25 per day after the deadline
until the statement or report is filed, up to a
maximum of $500. Liability need not be
enforced by the Ethics Commission if its
executive officer determines that the late
filing was not willful and that enforcement of
the liability will not further the purposes of
the Article. Liability may not be waived if a
statement or report is not filed within 30
days after receiving notice from the Ethics
Commission staff that the statement or
report is past due.
History:
Amended by Ord. 168229, effective 10/11/92.
Amended by Ord. 170538, effective 7/13/95.
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.20).
SEC. 49.5.18. AUTHORITY TO ENACT.
This article is enacted pursuant to and
under the authority of the City Charter,
California Government Code Sections 1125
et seq., California Government Code
Section 81013, and California Constitution,
Article XI, Section 5.
History:
Renumbered by Ord. 171142, effective 8/3/96 (prev. 49.5.21).
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.22).
SEC. 49.5.19. RECORDKEEPING.
Persons subject to this Article shall keep
records that demonstrate compliance with
this Article and the related provisions of the
Political Reform Act and the City Charter for
four years.
History:
Added by Ord. 182842, effective 2/10/14.
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SEC. 49.5.20. SEVERABILITY.
The provisions of this Article are severable.
If any provision of this Article or its
application to any person or circumstances
is held invalid by a court, the remainder of
this Article and the application of the
provision to other persons or circumstances
is not affected by that determination, to the
extent that the provision or its application
can be given effect.
History:
Renumbered by Ord. 171142, effective 8/3/96 (prev. 49.5.23).
Amended by Ord. 182842, effective 2/10/14.
Renumbered by Ord. 182842, effective 2/10/14 (prev. 49.5.24).