APPROVED

Minutes

A SPECIAL MEETING OF THE
LOS ANGELES CITY ETHICS COMMISSION

September 10, 2002
10:30 A.M.

City Hall, Room 1050 - 10th floor
200 N. Spring Street Los Angeles, CA 90012

MEMBERS
Miriam Krinsky, President
Pam Emerson, Vice President
Dale Bonner
Gil Garcetti
Vacant

EXECUTIVE DIRECTOR
LeeAnn M. Pelham

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

President Krinsky convened the special meeting. All members were present except Commissioner Gil Garcetti, whose Ethics Commission appointment was in the process of being confirmed in the City Council.

Agenda Item No. 3 – Commission review of and action on Statements of Economic Interests for Commission nominees.

Nora Pollock, Policy Analyst, presented staff’s recommendation for Commission nominees as follows:

Statements of appointees receiving STANDARD letters indicating that there are no apparent conflicts of interest: Animal Regulation Commission - Helen Ann Johnson; East Area Planning Commission – Mary George; Harbor Area Planning Commission – Eleanor Montano; North Valley Area Planning Commission – George Stavaris; Civil Service Commission – John Yslas; Commission for Children, Youth and their Families – Dr. Sharon Watson; Convention Center Commission – Cynthia Puertas; Cultural Affairs Commission – Anthony de los Reyes; Commission on Disability – Mary Wong; El Pubelo de Los Angeles Historical Monument Authority – Mike Gatto, Lisa See; Employee Relations Board – Anthony Sinicropi; Board of Harbor Commissioners – Thomas H. Warren; Human Relations Commission – Rabbi Elazar Muskin; Board of Library Commissioners – Rita Walters; Los Angeles Convention and Exhibition Center Authority – Clarence Daniels, George Luk; Police Permit Review Panel – Michael Sohigian; Taxicab Commission – Bernardo Silva; Transportation Commission – John Frierson.

Statements of the following appointees receiving CAUTIONARY letters that highlight areas in which a potential conflict of interest could arise:

Board of Airport Commissioners – Cheryl Peterson; Animal Regulation Commissoin – Laura Beth Heisen; Metro Area Planning Commission – Mary Lou Dudas; South Valley Area Planning Commission – Thomas Hudnut; West Area Planning Commission – Elvin Moon; Building and Safety Commission – Efren Abratique; City Employees Retirement System – Eric Holoman, Vicky Schiff; City Ethics Commission – Gil Garcetti; Community Development Commission – Marva Battle-Bey; Cultural Affairs Commission – Alfred Foung, Gayle Garner Roski; Disabled Access Appeals Commission – Daniel Germain; Commission on Disability – G.R. “Sam” Overton; El Pueblo de Los Angeles Historical Monument – Lisa Baca Sigala; Fire and Police Pension System Commission – William H. Jackson, III; Human Relations Commission – Lorraine Bradley; Industrial Development Authority – Morrie Goldman; Board of Information Technology Commissioners – Matthew Garagos; Los Angeles Convention and Exhibition Center Authority – Barry Glaser, Major Alan Langer, Sheldon Lytton, Sergio Rascon; Los Angeles Housing Authority – Ozie Gonzaque; Planning Commission – Gerard McCallum; Police Commission – David S. Cunningham, III; Board of Public Works – Janice Wood; Board of Recreation and Parks – Christopher C. Pak; Board of Water and Power Commissioners – Kenneth Lombard; Board of Zoo Commissioner – Kimberly Marteau.

Commissioner Bonner asked about an Area Planning Commission nominee receiving a cautionary letter. Pollock stated that the nominee received a cautionary letter because he received income or had an investment in the planning area or within two miles outside the boundary.

Vice President Emerson moved for approval of the staff’s review. Commissioner Bonner seconded. There was no further discussion or public comment. The motion was unanimously approved.

Agenda Item No. 1 – Staff Report on Second Quarter 2002 Lobbying Activities.

Mark Low, Policy Analyst, presented the Commission’s report on lobbying activity in the City of Los Angeles for the Second Quarter of 2002. He identified the top ten lobbying projects/issues for the quarter based on compensation paid to lobbyists, specifically noting that three of the top ten projects/issues related to lobbying at the Department of Airports.

Commissioner Bonner asked for clarification about whether the compensation received by lobbyists from City agencies was for legal services and litigation rather than lobbying services. Low confirmed that was the case noting that the law requires lobbyists and lobbying firms to disclose any compensation they receive pursuant to a City contract.

Noting that the lobbying law had been in effect for more than 10 years, President Krinsky suggested that the staff prepare a summary of its effect during this period.

Agenda Item No. 2 – Consideration of and possible action on Los Angeles Unified School District Proposal for the City Ethics Commission to act as Filing Official for School District’s proposed lobbying registration and reporting program.

LeeAnn Pelham, Executive Director, presented a Los Angeles Unified School District (LAUSD) proposal for partnering with Ethics Commission to administer the registration and reporting requirements for the District’s new lobbying program. A partnership could provide increased public disclosure while not requiring LAUSD to reinvent the wheel. Under the LAUSD proposal, the CEC would be reimbursed for the full costs of providing filing officer duties.

Pelham stated that the next step in pursuing this partnership would be for the Commission to request that the City Council direct the City Administrative Office, with the assistance of the City Attorney and the CEC, to work out the specifics of an MOU or contract.

Pete Bowen, LAUSD Ethics Officer, thanked Pelham and the CEC staff for their assistance. He stated LAUSD’s intent is to benefit from the CEC’s knowledge. The collaborative effort provides an opportunity for the District to learn from the CEC, not only with regard to lobbying, but perhaps in other shared areas. He stated that one of the District’s interests is to determine the type and sources of lobbying in the District.

Commissioner Emerson asked if a partnership would require the CEC to hire additional staff and whether the partnership includes the filing of Statements of Economic Interests (SEI).

Pelham stated that additional staff would be required but that the District has indicated that it is willing to reimburse the full costs of the Commission’s services. The Commission would not be involved in the School Districts SEI filing process.

Krinsky commended LAUSD in proposing this partnership and supported pursuing this venture.

Commissioner Bonner asked whether the School District was part of the County, City, or some other government system, and if the CEC is involved in providing other functions for the District.

Pelham noted that the CEC does act as the filing officer for School Board candidates, which set a precedence for the lobbying proposal. However, she noted that the CEC does not provide advice or enforcement related to these filings.

(Commissioner Gil Garcetti enters the meeting.)

Bowen added that the specifics of the partnership and roles of each agency were yet to be determined.

Assistant City Attorney Anthony Saul Alperin stated that school districts are state agencies operating at the local level. The City Charter provides for the City Clerk to administer the School Board elections. The Board reimburses the City for this service.

President Krinsky moved for approval of the staff recommendation to continue to explore the partnership on a contractual basis. Vice President Emerson seconded the motion. There was no further discussion or public comment. The motion was unanimously approved.

Agenda Item No. 4 – Approval of the minutes of the Commission’s Regular Meeting of July 16, 2002.

Commissioner Garcetti moved for approval of the minutes. Vice President Emerson seconded the motion. There was no further discussion or public comment. The motion was unanimously approved.

Agenda Item No. 5 – Revise Regular Meeting Schedule of the City Ethics Commission through December 31, 2002.

The following dates and times were established for the Commission’s regular meetings through the end of the calendar year:

· Tuesday, October 22, 2002 at 9:30 a.m.
· Monday, November 25, 2002 at 9:30 a.m.
· Tuesday, December 17, 2002 at 9:30 a.m.

Agenda Item No. 6 – Executive Director’s Report.

Pelham stated that the Commission’s campaign finance package containing more than 60 recommendations was being finalized and anticipated its delivery to Council later this week.

The Commission’s lobbyist disclosure package has been under discussion with the Chief Legislative Analyst and the Council’s Rules and Election Committee. The Commission’s staff will be requesting the Rules Committee to schedule it on their agenda at the end of the month. Fundraising reporting remains the major issue under discussion and the Committee has sought additional options. Krinsky asked that the matter be put on the Commission’s next agenda if the Rules Committee has not acted on it by the next Commission meeting.

Pelham stated that the Commission held its second candidate training session on Sept. 9, and that several additional sessions are planned through the end of the year.

The City Council approved the Commission’s unfreeze request for Executive Secretary, Sr. Policy Analyst and Auditor. Pelham announced that Nora Pollock had been promoted to Sr. Policy Analyst and she introduced the Commission’s new Auditor, Glenn Hino, who started with the Commission on September 9. She noted that the Commission is in the process of filling the Executive Secretary position.

Agenda Item No. 7 – Public Comment

Mr. Peter Baxter provided his comments regarding the Board of Fire Commissioners and the recent departure of one of the five Commissioners effective June 30, 2002, and the lack of any announcement to this effect.

Agenda Item No. 8 – Discussion with legal counsel regarding CEC Enforcement Case, In the Matter of Councilman Nate Holden and Treasurer Anne Froehlich, CEC Case No. 2001-03.

The Commission went into closed Executive Session. When the Commission reconvened in public session, Krinsky announced that it was the Commission’s consensus that the fine it ordered in the Matter of Councilman Nate Holden and Treasurer Anne Froehlich would be stayed though September 27 or pending the resolution of any litigation that may be filed in this matter. The meeting was then adjourned.