Agenda
City of Vernon
Joint Special City Council / Commission / Committee Meeting for Ethics Training
Tuesday, November 7, 2023, 9:30 AM
City Hall, Council Chamber
4305 Santa Fe Avenue, Vernon, California
Crystal Larios, Mayor
Judith Merlo, Mayor Pro Tem
Melissa Ybarra, Council Member
Leticia Lopez, Council Member
Jesus Rivera, Council Member
The public is encouraged to view the meeting at https://www.cityofvernon.org/webinarcc or by calling (408) 6380968, Meeting ID #. You may address the Council via Zoom or submit comments to [email protected] with the meeting date and item number in the subject line.
CALL TO ORDER
FLAG SALUTE
ROLL CALL
APPROVAL OF AGENDA
PUBLIC COMMENT
Members of the public interested in addressing the City Council during this Special meeting may address any item which has been described in the notice of this Special Meeting in accordance with Government Code Section 54954.3(a).
PRESENTATIONS
1. AB1234 Ethics, Ralph M. Brown Act, and California Public Records Act Training
Recommendation:
No action required by [City Council]. This is a presentation only.
ADJOURNMENT
On November 9, 2023, the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours and Special meeting agendas may be amended up to 24 hours in advance of the meeting.
PRESENTATIONS
1. AB1234 Ethics, Ralph M. Brown Act, and California Public Records Act Training
Recommendation:
No action required by [City Council]. This is a presentation only.
ADJOURNMENT
On November 9, 2023, the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours and Special meeting agendas may be amended up to 24 hours in advance of the meeting.
Guide to City Council Proceedings
Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section 2.04.020).
Copies of all agenda items and backup materials are available for review in the City Clerk Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at www.cityofvernon.org or copies may be purchased for $0.10 per page.
Disabilityrelated services are available to enable persons with a disability to participate in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you need special assistance, please contact the City Clerk department at [email protected] or (323) 5838811 at least 48 hours prior to the meeting to assure arrangements can be made.
The Public Comment portion of the agenda is for members of the public to present items, which are not listed on the agenda but are within the subject matter jurisdiction of the City Council. The City Council cannot take action on any item that is not on the agenda but matters raised under Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited to three minutes per speaker unless a different time limit is announced. Speaker slips are available at the entrance to the Council Chamber.
Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant and appellant will be given 15 minutes to present their position to the City Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If you challenge any City action in court, you may be limited to raising only those issues you or someone else raised during the public hearing, or in written correspondence delivered to the City Clerk at or prior to the public hearing.
Consent Calendar items may be approved by a single motion. If a Council Member or the public wishes to discuss an item, it may be removed from the calendar for individual consideration. Council Members may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent Calendar will be taken up following action on the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public Comment.
New Business items are matters appearing before the Council for the first time for formal action. Those wishing to address the Council on New Business items shall follow the guidelines for Public Comment.
Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listedontheClosedSessionagendatotheOpenSessionagendafordiscussionorto On November 9, 2023, the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours and Special meeting agendas may be amended up to 24 hours in advance of the meeting.
Guide to City Council Proceedings
Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section 2.04.020).
Copies of all agenda items and backup materials are available for review in the City Clerk Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at www.cityofvernon.org or copies may be purchased for $0.10 per page.
Disabilityrelated services are available to enable persons with a disability to participate in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you need special assistance, please contact the City Clerk department at [email protected] or (323) 5838811 at least 48 hours prior to the meeting to assure arrangements can be made.
The Public Comment portion of the agenda is for members of the public to present items, which are not listed on the agenda but are within the subject matter jurisdiction of the City Council. The City Council cannot take action on any item that is not on the agenda but matters raised under Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited to three minutes per speaker unless a different time limit is announced. Speaker slips are available at the entrance to the Council Chamber.
Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant and appellant will be given 15 minutes to present their position to the City Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If you challenge any City action in court, you may be limited to raising only those issues you or someone else raised during the public hearing, or in written correspondence delivered to the City Clerk at or prior to the public hearing.
Consent Calendar items may be approved by a single motion. If a Council Member or the public wishes to discuss an item, it may be removed from the calendar for individual consideration. Council Members may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent Calendar will be taken up following action on the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public Comment.
New Business items are matters appearing before the Council for the first time for formal action. Those wishing to address the Council on New Business items shall follow the guidelines for Public Comment.
Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it deems appropriate.
Dated: November 9, 2023
Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it deems appropriate.
Dated: November 9, 2023
How to Build and Maintain the Public’s
Trust: Practical Ethics and the Law
(AB 1234 Training)
Rachel Richman, Partner
1 Item 1 Page 1 of 136
AB 1234 adopted in 2006 in
response to City of Bell
scandal
2 Item 1 Page 2 of 136
Item 1 Page 3 of 136
4 “I’m Not Like Those Officials”
Know the rules to make sure your name does not show up in the FPPC’s “Hall of Shame”…
Summaries of Past Enforcement Cases A-Z
www.fppc.ca.gov
Item 1 Page 4 of 136
FPPC “Heat Map”
The FPPC prosecutes
hundreds of cases
every year. This map
details the location
FPPC cases
prosecuted.
5 Item 1 Page 5 of 136
FPPC Enforcement Cases
FPPC Enforcement Decisions
In the Matter of Pete P.; FPPC No. 17/1396 Pete P., a Planning Commissioner for the City, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Fine: $200.
In the Matter of Eric M. FPPC No. 15/2201 County Supervisor failed to disclose gifts from a concert promotor for several years on his SEI Form then sponsored and voted in favor of vote to extend a permit for the concert promotor within the prior 12 months of the decision. FPPC fine $9,500
6 Item 1 Page 6 of 136
7 Ethics Laws
California law
promotes ethics:
1. by requiring public
disclosure
2. by prohibiting certain
actions
3. by punishing violations
Item 1 Page 7 of 136
Agenda
1. Fair, Open and Impartial
Processes and Decision
Making (Brown Act/CPRA)
2. Personal Advantages
and Perks of Office
3. Personal Financial Gain
4. Ethics Principles
8 Item 1 Page 8 of 136
9 Goals
That’s a lot of law
to cover in one
session…
1. Spot the Issues
2. Ask for Help
3. Failure has
Consequences
4. Ethics in Practice
BE SAFE
Item 1 Page 9 of 136
10 Goals
1. Familiarize you with
laws that govern your
service and when to
ask questions
2. Encourage you to think
beyond legal
restrictions
Allow for open
discussions on real
world scenarios and
strengthen your
knowledge
Satisfy your AB 1234
requirement
Item 1 Page 10 of 136
11 Attorney Advice
The sooner you speak to legal counsel the better,
but remember…
The City Attorney represents the City not you
personally.
Reliance on advice from legal counsel is not a
defense if your actions result in a violation.
Only a formal advice letter from the Fair
Political Practices Commission protects you
from violations of FPPC regulations.
Item 1 Page 11 of 136
Part l: Transparency Laws
12 Item 1 Page 12 of 136
13 The Brown Act
All meetings of the
legislative body of a
local agency must be
open and public
All persons must be
permitted to attend
any meeting
Item 1 Page 13 of 136
The Brown Act
Basic Rule: Meetings of the City Council, its
Standing Committees and other designated
Committees are subject to the Brown Act.
What is a Meeting?
any gathering of a majority of the members of
a legislative body
at the same time and location
to hear, discuss, deliberate or take action
upon any item which is within its subject matter
jurisdiction
14 Item 1 Page 14 of 136
Improper Meetings
Caution: “A majority of the
members of a legislative body
shall not...use a series of
communications of any kind,
directly or through
intermediaries, to discuss,
deliberate, or take action on
any item of business that is
within the subject matter
jurisdiction of the legislative
body.
§ 54952(b)(1)
15 Item 1 Page 15 of 136
Improper Serial Meeting
Daisy Chain: If Member A contacts Member B, and
Member B contacts Member C, and so on, until a
quorum has been involved, this type of “serial meeting” may result in a violation of the Brown Act.
16 Item 1 Page 16 of 136
Improper Serial Meeting
Hub and spoke: An intermediary -- such as a City staff member or even an applicant -- contacts at least a
quorum of the members to develop a collective
concurrence on action to be taken by the legislative
body.
17 Item 1 Page 17 of 136
Individual Meetings - OK
A City employee or official
may:
engage in “separate conversations or
communications”
outside of a meeting
in order to “answer
questions or provide
information”
so long as that person
“does not communicate
to members of the
legislative body the
comments or positions
of any other member or
members.”
§ 54952.2(b)(2).
18 Item 1 Page 18 of 136
The Choice Is Yours
You are unsure how to vote at an
upcoming meeting and request
information from the City Manager.
Should you:
a) Copy the email to the entire Council.
b) Hit “Reply All” when the City Manager
responds to you and the entire Council.
c) Only email the City Manager.
d) None of the above.
19 Item 1 Page 19 of 136
Technology “Meetings”
Use of e-mail or other technology/media
by a majority of a legislative body to
discuss, deliberate, or take action on
items within the body’s jurisdiction
violates the Brown Act.
20 Item 1 Page 20 of 136
Email/Text//Technology
Avoid sending e-mails/texts to the whole body.
If necessary, provide information only.
Do not solicit a response.
Be careful replying to e-mails/texts.
Do not communicate your position or make a
commitment on a pending matter.
Do not direct a reply to a majority of the body.
Think carefully before sending any e-mail/texts.
Remember, your e-mail can be forwarded by others to a majority of the body. The Internet has a long memory. 21
Item 1 Page 21 of 136
Social Media – AB 992
Amends Government Code section
54952.2 to add new provisions
Applies from January 1, 2020
through January 1, 2026
Item 1 Page 22 of 136
Direct Response Prohibited
AB 992 prohibits even one member of the
legislative body from responding in any manner
to any other member’s social media posts: “A
member of the legislative body shall not
respond directly to any communication on an
internet-based social media platform regarding
a matter that is within the subject matter
jurisdiction of the legislative body that is made,
posted, or shared by any other member of the
legislative body.”
Applies to just one response, making it a
violation of the Brown Act regardless of whether
a majority of the legislative body read the
response.
Item 1 Page 23 of 136
Emojis = Discussion
AB 992 prohibits a majority of the members of the
legislative body from using social media to
“discuss among themselves” business of a specific
nature that is within the subject matter
jurisdiction of the legislative body.
Prohibits “communications made, posted, or
shared on an internet-based social media platform
between members of a legislative body, including
comments or use of digital icons that express
reactions to communications made by other
members of the legislative body.”
The prohibition against members “discussing
among themselves” specifically includes emojis.
Item 1 Page 24 of 136
Hypothetical
Which of the following is a violation?
a) You post on social media and only
one other Director responds with
comments.
b) One Director “likes” your post.
c) One Director posts “ _” in response.
d) All of the above.
e) None of the above.
25 Item 1 Page 25 of 136
Teleconferencing
Meetings may be conducted by
teleconferencing (i.e., any electronic audio or
video connection) under the following
conditions:
Agendas must be posted at teleconference
locations specifying all teleconference
locations;
There is public access to teleconference
locations;
There is public opportunity to speak at each
teleconference location; and
All votes are taken by roll call.
26 Item 1 Page 26 of 136
AB 2449 Additional Process for
Remote Meeting Attendance
Just Cause
Caregiving,
Contagious illness,
Disability
Travel
Notify legislative body
of valid reason
Quorum present
Only 2x’s a calendar
year
ER Circumstances
Physical or family ER
prevents attendance
Must ask for approval
from Council
Can be addressed at
the meeting even if
didn’t get on the
agenda/or provide a
description of ER of 20
words or less (no
personal medical info)
No more than 3 months
or 20% of meetings in a
year
Quorum present
Item 1 Page 27 of 136
AB 361 – Emergency
Teleconferencing
In response to COVID-19 and recognition of emergencies- earthquake; pandemic, civil unrest
Meetings may be held remotely without observing normal teleconferencing requirements if certain emergency findings are made
City Council must pass a Resolution making the above findings- Lasts for 30 day period
Governor ended the State of Emergency due to COVID-19 February 28, 2022 therefore findings for AB 361 wont be able to be made if based on COVID-19
28 Item 1 Page 28 of 136
Rules on Public Participation:
Place must be open and accessible (ADA)
Access to agenda materials
Opportunity to speak on agenda items or on matters w/in agency jurisdiction
Opportunity to record meetings (if non-disturbing)
Additional time for non-English speakers
29 Item 1 Page 29 of 136
Avoid These Headlines
[City] Flouts the Law: Locked
Doors, Elevators Keep Citizens
from Council Meeting
City held a council meeting at 10:00 AM. But allegedly none of the 4 doors to meeting were open. There was an elevator that was only accessible to employees with cards. When
citizens confronted staff, only a journalist was let in. 30 Item 1 Page 30 of 136
We need thick skin
sometimes
City sued longtime critic of City Council
and lost and was ordered to pay
resident’s legal fees of $117,741.
City argued use of snippets of Council
meetings that were critical of Council
violated copyright law and caused
irreparable harm.
Court stated lawsuit
was “meritless”
31 Item 1 Page 31 of 136
Brown Act: Agenda
Requirements
Rule: Brief description of
item (20 words or less)
Substantial
compliance is the
test.
Courts will look at
whether the agenda
language,
considered as a
whole, gives the
public more than a
"clue."
32 Item 1 Page 32 of 136
Brown Act:
Internet Agenda Posting
Govt. Code §54954.2
An online posting of an agenda shall
be posted on the primary Internet
Web site homepage of a city …that
is accessible through a prominent,
direct link to the current agenda.
33 Item 1 Page 33 of 136
Public Comment
During public comments on nonagendized items a Councilmember may:
a) Have a 5-minute conversation with a
member of the public.
b) Approve a $5000 grant to the Farmer’s
Market if they ask and really need it.
c) Request donations to his/her political
campaign.
d) None of the above.
34 Item 1 Page 34 of 136
Non-Agendized Items
Action or discussion on any item not appearing on
the posted agenda is generally prohibited.
Officials may only:
Briefly respond to public statements or
questions.
Ask a question for clarification.
Make a brief announcement.
Make a brief report on his or her activities.
Provide a reference to staff or other sources for
factual information.
Request staff to place the matter on a future
agenda and report back to the legislative body in
a subsequent meeting.
§ 54954.2(a)(2)
35 Item 1 Page 35 of 136
Requesting Items to be on the
Agenda
City does not have a policy but has a
practice
Request during Council or Commission
Comments/Oral Reports
Can also be requested during the
discussion of another item
Make the request clear and concise so
staff and other Council members
understand the request
Item 1 Page 36 of 136
Hypothetical
The League sent an email to a councilmember
asking the City to take a position in support of
some upcoming legislation. You should:
a) Give direction to staff under council
comments to draft a letter on behalf of the City
providing support for the Council to sign.
b) Direct staff to return with the item on the
Agenda at the next Council meeting.
c) Forward the email to the CityManager to have
a draft letter prepared for the Councilmembers
to sign and send.
37 Item 1 Page 37 of 136
Closed Sessions
Closed sessions are an exception to the rule
that agency meetings must be open and
public.
The disclosure of confidential information is
prohibited unless the legislative body
authorizes the disclosure of the information.
“Confidential information” means
communication made in closed session that is
specifically related to the basis for the closed
session meeting.
38 Item 1 Page 38 of 136
AVOID THESE HEADLINES
DA’s Office Chastises Council – Spring 2020
A City Council was scolded for trying to uncover who complained that the Council had violated the state law regarding open meetings. The County District Attorney’s Office sent a letter to the City Council and City Attorney regarding allegations that they violated the Brown Act.
The letter and complaint stem from a July 8 meeting when the City Council held a closed-session discussion regarding threatened litigation, but abruptly voted to terminate contracts with the two nonprofit organizations.
There is no reading of the Brown Act that would allow the council to cite Cal. Gov. Code § 54956.9, go into closed session, and come out to vote to terminate the contracts with the chamber and visitors bureau. On its face, the action taken during the closed session and the ensuing vote was a violation of the Brown Act,” District Attorney’s office.
39 Item 1 Page 39 of 136
Brown Act Violations
Consequences
Request to Cure/Action Invalidated
Civil Action to prevent future violations
Costs and Attorney’s Fees
Criminal Charges
Each member of a legislative body who attends a
meeting of that legislative body where action is
taken in violation of any provision of this chapter,
and where the member intends to deprive the
public of information to which the member knows or
has reason to know the public is entitled under this
chapter, is guilty of a misdemeanor.
Gov. Code §§ 54959, 54960, 54960.1
40 Item 1 Page 40 of 136
41 Access to Public Records
Access to public records is a
constitutional right in California
Item 1 Page 41 of 136
What is a Public
Record?
Public Record” means:
Any writing
Containing information relating to the
conduct of the public’s business
Prepared, owned, used or retained by
any state or local City,
Regardless of physical form or
characteristic.
42 Item 1 Page 42 of 136
Public Records
Rule: All of the City’s public records
must be disclosed to the public, upon
request, unless there is a specific reason
not to do so.
As described by one court: “Islands of
privacy floating in a sea of disclosure.”
43 Item 1 Page 43 of 136
Avoid These Headlines
City Settles Lawsuit Over Alleged Public
Records Act Violation
Resident won access to records about mold
conditions at a neighbor's home as well as
$10,568 for attorney fees as part of a
settlement with the City.
44 Item 1 Page 44 of 136
Avoid These Headlines
L.A. County has repeatedly violated state open records laws, L.A. Times lawsuit alleges
Mar 21, 2018
The Los Angeles Times has sued L.A. County, accusing it of repeatedly and routinely flouting laws designed to ensure government transparency.
Over the last year alone, county officials have refused to release information about the status of homicide
investigations, allegations of misconduct against prosecutors and even mundane information such as email addresses for Sheriff’s Department employees, the lawsuit says.
45 Item 1 Page 45 of 136
Pop Quiz
Which of the following is a public record
subject to disclosure:
a) A message sent from your City email
account.
b) A message about City business sent from
your personal email account on your
personal device.
c) A message about City business sent from
your personal email account using a City
device.
d) All of the above.
46 Item 1 Page 46 of 136
Personal Devices/Public Records
City of San Jose v. Superior Court
City employees‘ or officials’ communications about
official agency business may be subject to disclosure as “public records” retained by the agency under the
CPRA, even if the employees used personal e-mail or
text message accounts in their preparation or
transmission
47 Item 1 Page 47 of 136
Expanded Scope of a Public Record
Not every document is a “public record.”
New Test:
Does it relate in some substantive way to the
conduct of the public’s business?
Or is it primarily personal?
Factors: content; context; purpose; audience;
was the individual acting within the scope of
their employment or office.
48 Item 1 Page 48 of 136
49 Part II:
Personal Advantages
& Perks
Legal Limitations on
Official Benefits and Perks
Item 1 Page 49 of 136
Pop Quiz
The salary of executive officials (City Manager,
Dept. Heads) may be approved:
a) Whenever they want.
b) At a regular meeting.
c) At a special meeting.
d) In closed session.
50 Item 1 Page 50 of 136
Elected Officers
Compensation
Generally fixed by
statute.
Cannot be acted on at
a special meeting.
Automatic increases
not permitted.
51 Item 1 Page 51 of 136
52 Expense Reimbursement
General Rule: Actual and Necessary Expenses
City Policy: Cities should have a written policy specifying reimbursable activities and rates
Reporting: Timely use of report forms (with receipts
documenting the expenses); oral report at subsequent
meeting in some cases
Penalty: loss of reimbursement privilege; restitution; civil penalties and 3x value of misused resources; jail; ban
from public office
Item 1 Page 52 of 136
Pop Quiz
If you take your spouse on official business,
you can charge the following to the City:
a) Room.
b) Spouse’s meals.
c) Mileage.
d) Both (a) and (c).
e) None of the above.
53 Item 1 Page 53 of 136
54 Remember…
Your expense report forms are
PUBLIC RECORDS
Item 1 Page 54 of 136
55 GIFTS
What is a Gift?
Anything of value you receive
for which you do not provide
monetary or other
consideration of equal or
greater value.
May include discounts and
rebates if not also given to
the general public. Report - $50 or more in
a year/source
Limit -
$590/year/source
$590
Item 1 Page 55 of 136
Gifts
Options when you receive a gift over $50:
Decide if you want to report it on your Form
700.
-If yes, report on your Annual Form 700
If not, then within 30 days:
Reimburse the donee for the fair market value,
Return the gift unused, or
Donate the gift to charity (no deductions).
If the gift exceeds $590, you have a duty to:
reject it or “buy down” the value.
56 Item 1 Page 56 of 136
57 Disclosure of Gifts
Must report gifts on your Form
700 if:
Total value of all gifts from that
source during the calendar year
is greater than $50.
Gift are reportable regardless of
the location of the donor.
Tip: If the amount is unknown, you
must make a good faith estimate
of the item’s fair market value.
Item 1 Page 57 of 136
Pop Quiz
When are meals not considered
“gifts”?
a) If provided at a party at a personal
residence.
b) You don’t know any other attendees
at the event.
c) You take turns paying for the meal.
d) You get food poisoning.
58 Item 1 Page 58 of 136
Gifts
59 Item 1 Page 59 of 136
Other Gifts
There is a rule for everything:
Gifts through family members
Attendance at Invitation-Only Events
Wedding gifts
Dating exception
Behested Payments
Travel
See FPPC Guide: Limitations and Restrictions on
Gifts, Honoraria, Travel and Loans
60 Item 1 Page 60 of 136
Gifts
FPPC Enforcement Decisions:
“J. L.” as a Mayor of City, failed to timely disclose gifts of two meals totaling $253.39 on his Statement of
Economic Interests. All gifts were from one consultant.
Penalty: $200.
Spurred by an investigation by the Ventura County
District Attorney’s Office into the activities of one city’s officials, the Fair Political Practices Commission found 205 government officials across the state failed to
properly report gifts from the same companies.
61 Item 1 Page 61 of 136
Avoid These Headlines
Los Angeles -- Mayor and four city councilmen were fined for ethics violations for receiving gifts worth more than $100 and tickets to Hollywood's hottest awards shows, the city ethics commission voted Tuesday.
The mayor was fined $20,849 by the city commission. He
had earlier been fined $21,000 by the state's Fair Political Practice Commission.
62 Item 1 Page 62 of 136
Gifts
FPPC Enforcement Decision
Fine: $6,500
“M. R.” Director of Recreation and Parks received gifts including free golf course access, range access, cart use, lessons and merchandise discounts that exceeded the reporting threshold of $50, and failed to report these gifts on his Annual Statements of Economic Interests. He also impermissibly influenced a governmental decision by assisting in the
negotiations of agreements with Valley Golf Course and
recommending to the City Council that it enter into and amend agreements with Valley Golf Course, which was the source of a gift that exceeded the annual gift limit.
63 Item 1 Page 63 of 136
64 Prohibition on Gratuities or Rewards
It is a misdemeanor to receive any kind of
gratuity or reward for performing one’s duties.
Item 1 Page 64 of 136
Pop Quiz
Can public officials accept “tips” for a job
well done?
a) Never.
b) Always.
c) Only if you do an extra good job.
d) Yes, if you have a performance based
contract.
65 Item 1 Page 65 of 136
New in 2023 –
Vernon Gift Policy
Adopted by Council and effective as of today
Goes a step further than the Political Reform Act
Applies to all City employees, elected and appointed
officials
Prohibits any gift or gratuity for the performance of an act which the employee/official would otherwise be
expected to perform as part of regular duties from any
entity or individual with business before the City
Item 1 Page 66 of 136
Vernon Gift Policy, cont.
What is “business before the City”?
A person or entity has business before the City is, within 12 months of offering a gift, they:
1) has or will submit a bid or proposal to the City to perform services or provide supplies/equipment; OR
2) has or will apply to the City for a permit, license, or regulatory approval of any kind
Exceptions:
City policy does not prohibit gifts that fall within one of the Political Reform Act exemptions,
OR a gift that is:
i) consumable and placed in a shared space, ii) has a FMV of $50 or less, and iii) the cumulative value of any gifts received from a single person or entity does not exceed $50 within any calendar year
Item 1 Page 67 of 136
68 Honoraria
Receipt of honoraria (e.g., any
payment for a speech, article,
attendance at a conference, event
or similar gathering) is prohibited
Exception: Speech or article in
connection with private business
Tip: You can return or donate the
honoraria within 30 days of
receipt.
Item 1 Page 68 of 136
Avoid These Headlines
Ex-member of governor's Cabinet pays $5,400 in ethics fines SACRAMENTO — A former member of Gov.
Schwarzenegger's Cabinet who resigned paid $5,400 in fines to a state watchdog agency for violating a ban on accepting speaking fees.
“R. M.” who led the State and Consumer Services
Agency for three years, resigned after the Los
Angeles Times reported that she had accepted
speaking fees, including $15,000 from Pfizer and
$13,500 from Bristol-Myers Squibb while the drug companies were lobbying her . 69 Item 1 Page 69 of 136
70 Misuse of Public Resources
Rule: No use of public funds or resources for personal, non-public purposes, including campaigns.
“Public Resources” includes staff time, office equipment and supplies, but excludes incidental or minimal uses.
Penalties: disqualification from office, jail, civil penalties up to $1000/day plus 3x the value of the unlawful use.
Item 1 Page 70 of 136
71 Gifts of Public Funds
Local agencies are
prohibited from making a
“gift” of public money or
anything of value.
Expenditures for public
purposes are not
considered gifts even if a
private party incidentally
benefits.
Item 1 Page 71 of 136
Misuse of Public Resources
Current and former officials to be
tried for embezzlement
Current and former city officials were charged with
embezzlement. The charges stem from a series of trips
city officials made to New York allegedly to get a higher bond rating. During the trips, prosecutors said officials improperly used city money to treat themselves to
baseball games and Broadway shows that had nothing
to do with city business.
72 Item 1 Page 72 of 136
POP QUIZ
Which are not permitted:
a) Making a few personal copies on the
agency copy machine.
b) Calling your spouse from an agency
phone.
c) Using an agency truck to pick up a
new mattress.
d) All of the above.
73 Item 1 Page 73 of 136
Misuse of Public Resources
Top fire officials suspected of driving county vehicles while collecting $1,000 monthly personal car allowance.
SAN BERNARDINO - San Bernardino County Fire Chief was placed on unpaid administrative leave Wednesday after county supervisors evaluated a human resources report alleging he and a Deputy Fire Chief improperly drove county vehicles for personal use. They reportedly used a county trailer to move personal belongings between 2 cities. The two may have also violated county policy by driving county vehicles while collecting a roughly $1,000 monthly personal car allowance.
74 Item 1 Page 74 of 136
75 Mass Mailing Prohibition
Rule: No newsletter or other
mass mailing may be sent at
public expense.
Purpose: Conserve resources,
no advantages for incumbents
Application:
200+ items/month
official “featured”
Penalties: Criminal liability;
restitution.
Item 1 Page 75 of 136
Avoid these Headlines
The Public Eye: City fined
$2,000 for newsletter
containing prohibited
photos
City was fined $2,000 by the California Fair
Political Practices Commission last week for
blanketing households with a newsletter that
contained photos of City Council members, a
violation of the Political Reform Act.
The State considers such activities a prohibited
form of campaigning with taxpayer funds that
gives incumbents an unfair advantage.
76 Item 1 Page 76 of 136
77 Restrictions on Loans
Officials cannot receive loans:
from anyone within the official’s
City or with whom the City
contracts; or
greater than $500 (except in writing and with clear
terms)
Exceptions: loans received by the official’s campaign
committee; normal bank and credit indebtedness; and
loans from family members
Item 1 Page 77 of 136
78 Solicitations of Political Support
Soliciting campaign funds
from City officers or
employees is unlawful
(except when included as
part of a communication to a
significant segment of the
community).
Conditioning employment and
compensation decisions on
political support is also
prohibited.
Item 1 Page 78 of 136
79 Part III:
Personal Financial Gain
Item 1 Page 79 of 136
80 Bribery & Extortion
Requesting, receiving, or agreeing to receive anything of value, including an “advantage,” in exchange for
official action, or using an official position to gain
something of value, is a crime.
Penalties: criminal fines, forfeiture of office and disqualification from office.
Item 1 Page 80 of 136
81 Bribery & Extortion
Mayor resigns after bribery arrest
Mayor steps down. A councilman and the former head of code enforcement are also accused of taking money from a marijuana clinic owner.
Mayor resigned after he, a councilman and a former official were charged in late June with federal bribery in an unfolding corruption scandal, officials said. The Councilmember and the former head of code enforcement, are accused of taking $17,000 in bribes from a marijuana dispensary owner who was working as an FBI informant. The officials allegedly took the bribes in exchange for their help in opening a store in the small blue-collar city, according to federal authorities.
Item 1 Page 81 of 136
82 Beverly Hills developer faces federal bribery charge in L.A. County lease deal
Real estate developer was arrested Wednesday on a felony charge of bribing a Los Angeles County employee in exchange for a government lease worth $45 million, federal law
enforcement officials said. May 2018
Item 1 Page 82 of 136
83 Conflicts of Interest Rules
Political Reform Act
Government Code §87100
and following, and the
Regulations of the Fair
Political Practices
Commission (FPPC)
Contractual Conflicts
Government Code §1090
(FPPC and AG)
Item 1 Page 83 of 136
84 Purpose of Conflict Rules
Public officials owe
paramount loyalty to
the public
Personal or private
financial interests
should not be allowed
to enter into the
decision making
process
Item 1 Page 84 of 136
85 Disclosure of Financial Interests
Statements of
Economic Interests
“Form 700”
Purpose:
alert officials of
personal interests that
might be affected
inform the public
about potential
conflicts
Item 1 Page 85 of 136
86 The Who, What, When and Where of
Disclosure
Who? All “designated” officials.
What? Interests in real property,
investments, business positions,
sources of income and gifts.
When? Upon assuming office,
annually (by 4/1), and upon leaving
office.
Where? File with City Clerk, which
will send it, if required, to the
FPPC. (Online Process as well)
Note: The documents are public
records and late filers may face
fines or penalties.
Item 1 Page 86 of 136
Form 700 Reporting
FPPC Enforcement Decisions:
J. W., as a Member of the Sunshine
Ordinance Task Force for the City, and
failed to timely file the Annual Statement of
Economic Interests.
Fine: $200
87 Item 1 Page 87 of 136
88 Can I Participate?
Conflict-of-Interest Rules
Political Reform Act
Item 1 Page 88 of 136
89 General Rule of Disqualification
A public official may not:
- make/participate/influence
- a governmental decision
- that will have a foreseeable and
material financial effect on
- the official’s economic interests
Item 1 Page 89 of 136
The Choice Is Yours
The best time to discuss a potential
conflict with the City’s Attorney is:
a) At a meeting because it is convenient
and will save money.
b) After the action/decision so you know
all the facts.
c) As early as possible.
d) Never, because it’s not a privileged
communication.
90 Item 1 Page 90 of 136
91 Recognizing and Seeking Advice
The conflict rules and
regulations are complex.
Recognizing potential
conflicts is essential.
Talk early on with City
counsel and consider
seeking advice from the
FPPC when economic
interests may be
affected (positively or
negatively) by a decision.
Item 1 Page 91 of 136
Five Financial Interest
Categories
Source of Income
Business management, employment or
investment
Real Property
Gifts
Personal Financial Effect
NEW Campaign Contribution over $250
92 Item 1 Page 92 of 136
93 Economic Interests
Sources of Income
Any source of income
of $500 or more during
the prior 12 months for
you or your spouse or
domestic partner.
Item 1 Page 93 of 136
Economic Interests
94 FPPC Enforcement Decisions:
Assistant City Manager violated the conflict of interest disclosure and disqualification provisions by failing to disclose his interests in an Orange Julius franchise located in a shopping mall and by participating in decisions relating to a major expansion and restoration of the mall.
Fine: $18,000
Item 1 Page 94 of 136
Economic Interests
FPPC Enforcement Decisions:
Robert S, a member of a city council, attempted to
use his official position to influence a governmental
decision in which he had a financial interest, by
speaking before the Planning Commission regarding
the approval of an application for the subdivision of
land owned by a client.
Fine: $3,000
95 Item 1 Page 95 of 136
96 Economic Interests
Business management,
employment or investment
Any business entity in which
an official is a director,
officer, partner, trustee,
manager or employee.
Any business entity in which
an official has a direct or
indirect investment of
$2,000 or more.
Item 1 Page 96 of 136
Economic Interests
97 FPPC Enforcement Decisions:
Robert B, while a member of a Utilities District Board of Directors, he made governmental decisions in which he knew, or had reason to know, he had a financial interest, by voting to approve numerous claim summaries that included payments made to a corporation in which he held the position of Director.
Fine: $12,000
Item 1 Page 97 of 136
Economic Interests
FPPC Enforcement Decisions:
Simon L. was on the City Planning Commission. Prior to that, he was a member of the Design Review Committee for four years. While serving on the Design Review Committee, Simon L. twice voted in favor of applications submitted by clients of his architectural firm, in violation of Government Code Section 87100 (2 counts).
Simon L. also failed to disclose sources of income on the Statements of Economic Interests filed for his positions on the Design Review Committee and the Planning Commission in violation of Government Code Sections 87202, 87204, and 87300 (2 counts).
Fine: $10,000
98 Item 1 Page 98 of 136
Pop Quiz
Interests in real property are:
a) A potential ground for a conflict of
interest.
b) Not a conflict if it is your home
because of the homestead exemption.
c) Not a problem as long as your property
is more than 300 feet away.
d) Always a conflict if the property is
within the City’s jurisdiction.
99 Item 1 Page 99 of 136
100
Economic Interests
Real Property Any real property
interest worth $2,000 or more
Can includes leasehold interests
Be alert for any projects w/in 500
feet presumed material impact
Any decisions that may affect the
land use or value from 500 to
1000 feet.
Over 1,000 presumed not to have
a conflict
Item 1 Page 100 of 136
Economic Interests
FPPC Enforcement Decisions:
A City Councilmember, violated conflict of interest laws by voting to obtain a $491,520 state grant to extend a
water and sewer line to an area of the city where he
owned real property and operated an inn and restaurant.
Fine: $4,000
101
Item 1 Page 101 of 136
Economic Interests
Leasehold Interests
Public official has a financial interest in a lease if the lease is for longer than one month and the official owes rent of $2,000 or more over a 12-month period.
The impacts of the decision on the official’s leasehold interests in residential or commercial property are
considered material if the decision will:
Change the termination date of the lease;
Increase or decrease the potential rental value of
the property;
Change the official's actual or legally allowable
use of the real property; or
Impact the official's use and enjoyment of the real
property.
No distance parameters as there are for Real Property Item 1 Page 102 of 136 Campaign contributions
over $250 Recusal NEW
Effective January 1, 2023 (does not apply retroactively) City official prohibited from participating in making or, in any way attempting to influence the decision in a
proceeding involving a license, permit, entitlement for land use, contract (except competitively bid, labor or
employment contracts), or franchises
where the official has willfully or knowingly received a contribution exceeding $250 from a party, participant
or party/participant agent
12 months before the process and the officer knows or has reason to know of the party’s financial interest in the decision
Participant broadly defined
Item 1 Page 103 of 136
Campaign contributions
over $250 restrictions NEW
Prohibits elected officials from accepting,
soliciting or directing contributions of
more than $250 from
any party, participant or
party/participant agent
while a proceeding involving a license,
permit, entitlement for land use, contract
(except competitively bid, labor or
employment contracts), and franchises is
pending and
for 12 months following the date a final
decision is made. This Photo by Unknown Author is licensed under
CC BY-SA
Item 1 Page 104 of 136
Campaign contributions
over $250 Cure NEW
Prior to decision:
May determine to return so you fall under $250
from the party or participant so you can
participate.
Must return within 30 days of knowing or should
have known about the contribution and disclose
the contribution and return within 30 days
Note: Legally Requirement Participation applies
After decision:
If did not knowingly or willfully accept, solicit or
direct the contribution, official may avoid a
violation if return portion over $250 within 14 days
of acceptance.
Item 1 Page 105 of 136
106
Exceptions to Potential Economic Interest
Conflicts
Two exceptions to
potential financial
conflicts:
The “public
generally”
The “legally required
participation”
Item 1 Page 106 of 136
107
Public Generally
Exception
Decisions that affect a broad
range of persons or interests
may be exempted: 25% of all
businesses, all real property,
or all individuals.
15% if only real property
interest is your home (new
2020)
Examples: Water rate
decisions; Sign Code
amendments
Item 1 Page 107 of 136
108
Legally Required Participation
Exception
May apply if a conflict disqualifies so many officials that there is no longer a quorum to make a decision.
Note: Does not apply: (1) quorum could later be met; (2) to break a tie vote.
Item 1 Page 108 of 136
109
Conflicts Created By Future Employment
the revolving door…
May not participate in decisions
involving a prospective employer
(includes interviews and
negotiations).
Officials and senior management
may not represent parties before
their former City for one year after
leaving office.
Item 1 Page 109 of 136
Conflicts Created By Future
Employment
FPPC Enforcement Decisions:
Kelli M, while acting in her capacity as a member of a
School District Board of Trustees voted to approve a
contract with the law firm for legal/professional for
an amount not to exceed $100,000. However, the day
before the vote, Kelli M. had received and
accepted a job offer from the same law firm.
Fine: $4,000
110
Item 1 Page 110 of 136
111
Common Law Conflict:
Personal Interests or Bias
Personal interests or biases
(positive or negative) about the
facts or the parties may cast
doubt on your ability to make a
fair decision.
Need to exercise power with at
least the appearance of
disinterested skill, zeal, and
diligence.
Item 1 Page 111 of 136
Personal Interests or Bias
Procedural due process requires an unbiased
decision maker:
Personal (non-financial) interest in
outcome.
Bias of loyalty/friendship to individual
involved.
Informational bias due to receipt of
information outside of public hearing.
112
Item 1 Page 112 of 136
Public Interest vs. Personal
Interest
City of Fairfield v. Superior Court (1975) 14 Cal.3d 768:
“A councilman has not only a right but an obligation to discuss issues of vital concern with his constituents and to state his views on matters of public importance. . . . Campaign statements…do not disqualify the candidate from voting on matters which come before him after his election.”
Nasha v. City of Los Angeles (2004) 125 Cal.App.4th 470:
Plaintiff was seeking to develop five lots in Los Angeles. While the matter was pending before the Planning Commission, one of the Commissioners authored an article attacking the Plaintiff’s project.
The Planning Commission voted to deny the project and, in the lawsuit filed by the Plaintiff against the City of Los Angeles, the Court found that the Planning Commission’s decision should be set aside due to an unacceptable probability of actual bias on the part of the Commissioner who authored the article.
113
Item 1 Page 113 of 136
114
What Happens If Disqualified?
If disqualified:
Identify the applicable interest (with
specificity).
Step down from the dais and leave the
room/log off (unless on consent
calendar).
Refrain from any discussion or
participation.
Exception: You can participate as a member
of public from the audience on matters
affecting personal economic interests. Limited
Item 1 Page 114 of 136
Due Process and
Ex Parte Contacts
•“Ex parte” communications occur when
decision makers receive evidence outside
of the noticed hearing
• This can include site visits, speaking with
parties/witnesses, conducting outside
research, or reading social media
• Because the affected party has a right to
comment on the basis for the decision,
decision makers should either avoid ex
parte contacts, or should disclose any
facts gathered outside the hearing or ex
parte contacts at the very beginning of
the hearing
115
Item 1 Page 115 of 136
116
Contractual Conflicts of Interest
Government Code §1090
Section 1090 prohibits
officials and employees
from having financial
interests in contracts
made by them in their
official capacities or any
board of which they are
members.
Item 1 Page 116 of 136
Pop Quiz
When is it legal to enter into a contract with your agency:
a) If you use a third-party intermediary (e.g., real estate broker).
b) If you disclose your interest in advance to the Board and abstain from participating.
c) If you receive only a small payment or get less than fair market value.
d) If you are the best service provider available.
e) Never.
117
Item 1 Page 117 of 136
118
Contractual Conflicts of Interest
If a public official or
employee has a
financial interest in a
contract, the contract
is prohibited
regardless of whether
the official participates
in or abstains from the
actual decision.
Item 1 Page 118 of 136
Avoid These Headlines
119
Item 1 Page 119 of 136
120
Violations of § 1090
If contract is made in violation of
§1090, the contract will be
deemed void.
All monies paid under the
contract must be returned to
the local City.
Willful violations may be
punished by fine, imprisonment
and disqualification from public
office.
Item 1 Page 120 of 136
121
Contractual Conflicts of Interest
There are also exceptions for:
“Remote interests” (§1091)
(landlord or tenant
of contracting party)
Still must abstain from voting
“Non-interests” (§1091.5)
(non-compensated officer
of a non-profit)
May vote
Item 1 Page 121 of 136
122
Contractual Conflicts of Interest
Interests Deemed Non-Interests:
Non-Profit Board Positions:
If a public official sits as a non-compensated member you may vote on a contract provided:
The interest as a sitting Board Members is disclosed
at the time first consideration of the contract and
that is reflected in the minutes
City Commissions/Bodies:
Government salary, per diem, reimbursement is
deemed a non-interest in a contract.
Item 1 Page 122 of 136
Part IV: General Ethical
Principles
Universal Ethical Values:
Professional/Trustworthy
Community First
Respect
Fairness
123
Item 1 Page 123 of 136
124
Ethics Laws vs. Ethics
Law = minimum standards
What we must do
Floor - not the Ceiling
Ethics = What an official should do
Item 1 Page 124 of 136
Be Professional
This value looks like:
I come prepared to meetings, having read and
studied any materials and information
provided to me.
I respect confidential information.
I follow through and take responsibility for my
actions.
I keep my knowledge and skills current.
125
Item 1 Page 125 of 136
Pop Quiz
There is an important City meeting
tomorrow, but you also have a major
project due at work. Should you:
a) Skim the meeting agenda package
during work breaks the best you can.
b) Have your spouse read the materials
and advise what to do.
c) Remain silent at the meeting and
consent to the staff recommendation.
d) None of the above.
126
Item 1 Page 126 of 136
Community First
This value looks like:
I make impartial decisions, free of narrow political
interests and financial and other personal
interests that might impair my independence of
judgment or action.
I comply with both the spirit and the letter of the
law (Constitution, State law, City Code, City
Policies).
I do not use City resources or my position for
personal gain.
127
Item 1 Page 127 of 136
Be Trustworthy
This value looks like:
I act truthfully with the public, City officials, and staff. I use accurate information.
I do what I say I will do.
I use my title only when conducting official City
business, carefully considering whether I am exceeding
or appearing to exceed my authority.
128
Item 1 Page 128 of 136
Be Respectful
This value looks like:
I treat people with courtesy and
equitably.
I listen carefully.
I am engaged – I ask questions.
I involve staff.
I work towards consensus.
129
Item 1 Page 129 of 136
The Choice Is Yours
It’s acceptable to:
a) Reject an application because the
applicant is unpleasant.
b) Only consider City staff’s position on a
decision.
c) Encourage questions from members of the
public during meetings.
d) None of the above.
130
Item 1 Page 130 of 136
Fairness
This value looks like:
I focus on merits not on personalities.
I promote public involvement.
I provide more process than required.
I consider all sides.
I apply policies consistently.
131
Item 1 Page 131 of 136
132
Final Questions to Ask
What would inspire public
confidence?
What decision best serve
the interests of the
community as a whole?
Item 1 Page 132 of 136
133
Public Perception
What would you want to
read about on the front
page?
Even if you are confident
about the “right thing to
do” – Don’t forget about
public perception.
The public needs to
believe that “the right
thing has been done.”
Item 1 Page 133 of 136
134
Public Perception
Some Good News….
Item 1 Page 134 of 136
135
Resources
FPPC: 1-866-ASK-FPPC and on the
web at www.fppc.ca.gov
Attorney General: www.ca.ag.gov
CSDA:
https://www.csda.net/home
League of California Cities:
www.cacities.org
Institute for Local Government:
www.ca.ilg.org
Item 1 Page 135 of 136
Questions?
Thank You!
Item 1 Page 136 of 136