While formal advice letters may provide helpful guidance, they do not apply universally.


A formal advice letter provides a defense and immunity only to the person on whose behalf the advice was sought, only for the specific facts identified in the letter, and only under the law in effect at the time the letter was issued.


Please contact the Ethics Commission for advice about your specific situation.

Los Angeles City Ethics Commission
  
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FORMAL ADVICE LETTERS
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CEC #
Date
Issued
Issue
Issue Description: Requestor: Law Section:
15-01 05/13/15 Post-City Employment For one year after leaving City service, you may not be compensated to attempt to influence, either personally or through an agent, non-ministerial City action on any matter pending with LAHCID. You are also permanently banned from being compensated to attempt to influence either personally or through an agent, or assist another person attempting to influence, non-ministerial City action on a matter pending with any City agency if you were personally and substantially involved in the matter while employed by the City. In this case, after leaving City service you may submit responses to requests for proposals (RFPs), submit applications for grant funded contracts, or negotiate and execute contracts with the City on behalf of your new employer, as long as you do not violate the restrictions referenced above. You may not misuse or disclose confidential information that you acquired as a result of your City service. Chavez Cal. Gov't Code § 1090.

LAMC §§ 49.5.13, 49.5.2, 49.5.3.

14-02 05/07/14 Post-City Employment For one year after leaving City service, you may not be compensated to attempt to influence, either personally or through an agent, City action on any matter pending with Planning. You are also permanently banned from being compensated to attempt to influence either personally or through an agent, or assist another person attempting to influence, City action on a matter pending with any City agency if you were personally and substantially involved in the matter while employed by the City. These prohibitions do not apply to ministerial actions, such as filing an application on behalf of another person. You may serve on City boards, committees, and commissions. You may not misuse or disclose confidential information that you acquired as a result of your City service. Ahadian LAMC §§ 49.5.13, 49.5.2, 49.5.3.

14-01 04/30/14 Gifts of Travel Because the organization is not a restricted source to you and the seminar is reasonably related to a governmental purpose, you may attend, as long as the travel payments are not intended to influence an official act. The payments must be disclosed as gifts on your next statement of economic interests. If the payments exceed the $440 gift limit, you may be disqualified from participating in a governmental decision that affects the organization during the 12 months following your travel. Rodriguez 2 Cal. Code of Regs. § 18940.2.

Cal. Gov't Code §§ 89503(c), 89506.

LAMC §§ 49.5.2, 49.5.8.

13-08 08/22/13 Post-City Employment For one year after leaving City service, you may not engage in any compensated communications with any City Council office in an attempt to influence matters pending with that office. You are also permanently banned from attempting to influence a matter pending with any City agency if you were personally and substantially involved in the matter while employed by the City. Neither the one-year ban nor the permanent ban would prohibit you from performing under the outreach and planning contract with LACC, because you would not be compensated to attempt to influence City action in matters before your former agency or in matters in which you personally participated as a City official. Sourial LAMC §§ 48.02, 49.5.11, 49.5.2, 49.5.3.

13-07 07/25/13 Legal Defense Fund A candidate for elected City office may establish and maintain an LDF to defray attorney's fees and other legal costs incurred in the candidate's defense to a civil, criminal, or administrative case arising directly out of the conduct of his election campaign. Although LDF funds may only be used to defray the legal fees and costs incurred by the candidate or his committee, this does not prohibit other defendants in the same case from receiving the benefit of LDF funds when they are represented by the same counsel as the candidate, no different or additional arguments are made on behalf of the non-candidate defendants, and no different or additional costs result from the representation of the non-candidate defendants. Turovksy (Feuer) LAMC §§ 49.7.20, 49.7.37.

13-06 06/27/13 Post-City Employment For one year after leaving City service, you may not engage in any compensated communications with GSD in an attempt to influence matters pending with that agency on behalf of another person. You are also permanently banned from attempting to influence, or assisting another person in influencing, a matter pending with any City agency if you were personally and substantially involved in the matter while employed by the City. Because you were not employed by or involved in any work for LADWP, LAHD, or LAWA, you are not prohibited from receiving compensation to attempt to influence those agencies on behalf of another person. In addition, you are not prohibited from socializing with GSD staff or from answering their operational questions, as long as you do not attempt to influence City decisions for compensation when engaging in that type of contact. Finally, the post-employment restrictions do not apply to LAUSD, because it is not a City agency. Desowitz Cal. Gov't Code § 1090.

LAMC §§ 48.02, 49.5.11, 49.5.2, 49.5.3.

13-05 05/14/13 Legal Defense Fund A candidate for elected City office may establish an LDF committee and may lend personal funds of any amount to it, including funds obtained through a loan from a commercial lending institution when the loan is made in the regular course of business and on the same terms available to the public. Loans to a candidate-controlled committee, such as an LDF, must be evidenced by a written agreement that must be filed with the next LDF committee disclosure statement. Other reporting requirements also apply to LDF committees. The LDF may be used solely to defray the candidate's attorney's fees and other legal costs incurred in the defense of a civil or criminal court case or an administrative proceeding arising directly out of the conduct of an election campaign or the electoral process. A candidate may solicit and receive contributions to an LDF of up to $1,000 per person per fiscal year. LDF expenditures do not count toward the voluntary expenditure ceiling for candidates who participate in the public matching funds program. Turovksy (Feuer) LACC §§ 470(c), 470(c)(6), 470(c)(8).

LAMC §§ 49.7.19(D), 49.7.2, 49.7.20, 49.7.21, 49.7.37, 49.7.9.

13-03 04/17/13 Contribution Limits Because PAC qualifies as a sponsored committee of Holland & Knight LLP (Firm), their contributions must be aggregated and cannot exceed the lowest permissible contribution amount for either PAC or Firm. As a registered lobbying firm with the City, Firm is prohibited from making monetary contributions to candidates for elective City office. Therefore, the aggregated contribution limit for both PAC and Firm is zero dollars. Levine Cal. Gov't Code § 82048.7.

LAAC § 24.1.1(f)(2)(I)(i).

LACC §§ 470, 705(b).

LAMC §§ 49.7.3, 49.7.4.

13-04 04/16/13 Outside Earned Income Receiving outside earned income from a restricted source is inconsistent with, incompatible with, in conflict with, or inimical to your City duties when performing work for that source could appear to involve the use of public time for private gain or when that source employs contract lobbyists to lobby your agency on its behalf. Doten LAMC §§ 49.5.2, 49.5.3, 49.5.5, 49.5.9.

13-02 03/19/13 Post-City Employment For one year after leaving City service, you may not engage in any compensated communications with a City Council office in an attempt to influence matters pending with that office. You are also permanently banned from attempting to influence a matter pending with any City agency if you were personally and substantially involved in the matter while employed by the City. In this case, these provisions do not apply to your possible employment with Tetra Tech, because you will not be attempting to influence City decisions and you will not be involved in matters that were pending before you as a City official. Sourial Cal. Gov't Code § 1090.

LAMC §§ 48.02, 49.5.11, 49.5.2, 49.5.3.

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DISCLAIMER:    Advice issued by the City Ethics Commission (CEC) provides guidance to the person requesting the advice and is based on the specific facts that person has provided and the language contained in the law at the time the advice was issued. As the Charter, ordinances, and related laws are subject to change, we strongly advise you to contact the CEC for advice based on your specific facts and circumstances.


 

2017 Los Angeles City Ethics Commission.