officials

Commissioners

A commissioner is a City official who holds an appointed position on a City board or commission.

REQUIREMENTS

Record Keeping

Commissioners must create and maintain detailed records that are necessary to show that they have complied with the governmental ethics laws and the campaign finance laws. Records must be maintained for at least four years.

Training

Commissioners are required to complete two types of training when they enter City service and every two years thereafter: 1) ethics training provided by the Ethics Commission, and 2) fraud awareness training provided by the Personnel Department.

Disclosure

There are two types of disclosure required of commissioners. Detailed filing requirements can be found under “What Do I File?”.

  • Statements of Economic Interests

    Commissioners must disclose personal financial interests by periodically filing a statement of economic interests (SEI), which includes CA Form 700 (Statement of Economic Interests) and Form 60 (Restricted Source Financial Disclosure Statement). For most commissioners, the interests that they must disclose are specified in their department’s conflict of interests code. However, commissioners who serve on the following boards and commissions are identified in California Government Code § 87200 and, as a result, must report all of their sources of income, investments, gifts, and real property interests:

    Citywide Planning Commission

    LACERS Board of Administration

    Board of Fire and Police Pension Commissioners

    Board of Administration of the Water and Power Employees’ Retirement Plan

    Deferred Compensation Board

    Other boards and commissions that manage public investments

  • City-related Business

    When City action affects their financial interests, officeholders are required to file Form 44 (Statement of City-related Business). The financial interests that trigger reporting include real and personal property, a City contract, a grant, a loan, a forgiveness of debt, or an application for a license, certificate, permit, franchise, zone change, variance, credential, or other benefit. Form 44 must be filed with the Ethics Commission within 10 calendar days after City action affects one or more of these financial interests if held or sought by the commissioner, by the commissioner’s spouse or registered domestic partner, or by a business in which either the commissioner or the commissioner’s spouse or registered domestic partner holds an ownership interest of at least five percent.

LIMITATIONS

  • Conflicts of Interests

    Commissioners are prohibited from participating in, making, or attempting to influence City decisions that could foreseeably affect their personal financial interests or the personal financial interests of their immediate family members. When such a conflict may exist, they must seek advice from the City Attorney’s office and may be required to recuse themselves from participating in the government decision. In addition to conflicts resulting from financial interests, the City Attorney’s office has the authority to decide that the public interest prevents a commissioner from acting on a matter, even if a financial interest is not affected.

    Commissioners may not have a financial interest in a City contract if their City duties require them to participate in any way in the contract, from preliminary discussions to execution of the contract. They are also prohibited from participating in a contract outside of a public meeting. If a commissioner has a financial interest in a contract and the board acts on the contract, severe penalties can result for the board and the City—even if the commissioner recuses herself.

    In the first 12 months of City service, commissioners are prohibited from knowingly participating in, making, or attempting to influence a City decision related to a contract if a party to the contract is a person by whom the commissioner was employed in the 12 months prior to entering City service.

    If a commissioner is required to recuse herself from participating in a matter that appears on a meeting agenda because of a financial interest, the commissioner must file Form 51 (Recusal Notification Form) with the Ethics Commission. The form must be filed every time the matter appears on an agenda, regardless of whether the commissioner attends the meeting. The form must be filed within 15 days after the date of the meeting. When a commissioner files Form 51 three or more times in a 365-day period, the Ethics Commission is required to determine whether the commissioner has a significant and continuing financial conflict and, if so, order divestment of the interest that is causing the conflict.

  • Gifts & Travel

    Commissioners are prohibited from soliciting or accepting a gift if it is reasonably foreseeable that it could influence them in the performance of their City duties. In addition, they may not solicit or accept a gift of any value from a lobbyist or lobbying firm registered to lobby their department. Registered lobbyists, lobbyist employers, and lobbying firms can be searched and viewed through the Public Data Portal.

    Commissioners are also prohibited from soliciting or accepting a gift or combination of gifts from a single source that, during a calendar year, exceeds $470. Gifts from a restricted source are more limited. Commissioners may never solicit a gift from a restricted source, and the value of all gifts received from a restricted source may not exceed $100 per calendar year.

    Personal loans may be considered gifts, unless they are from a commercial lending institution and made in the lender’s regular course of business on terms available to the public, without regard to the commissioner’s City status.

    Generally, commissioners may not accept payments for travel or travel-related expenses from sources other than the City. They may never accept free or discounted travel from transportation companies. In addition, gifts of travel are limited in the same way as other gifts, which means they cannot be solicited or accepted from lobbyists and lobbying firms, cannot exceed $100 per year from a restricted source, and cannot exceed $470 per year from any other source. Limited exceptions may apply, depending on the source, the destination, and the purpose of the travel.

    Commissioners must report on their statements of economic interests all gifts received from a single source that total $50 or more. Gifts may be tracked with the Gift Journal. If the exact dollar amount of a gift is unknown, the fair market value must be reported.

    Limited exceptions apply to the gift laws. In addition, under the Ticket Distribution & Disclosure Policy, tickets to certain types of events are not considered gifts if they are distributed by a City department and other procedural requirements are met.

  • Misuse of Position

    Commissioners may not use their positions to create a private advantage or disadvantage for any person. In addition, they may not use or authorize the use of City resources for non-City purposes. They are also prohibited from misusing or disclosing confidential information acquired as a result of their City service.

  • Outside Employment

    Commissioners may not engage in outside employment while on City time. In addition, they may not receive to compensation to attempt to influence action on a City matter on behalf of a person other than a City department.

    Full-time commissioners may not receive outside income unless they obtain prior written approval from their appointing authorities. If the source of income is a restricted source, a full-time commissioner must also obtain prior written approval from the Ethics Commission. A commissioner may not receive outside income if doing so would be inconsistent with, incompatible with, in conflict with, or inimical to his City duties.

    A commissioner’s ability to receive an honorarium is also limited. All commissioners are prohibited from accepting an honorarium from a source identified as a disclosable source for the commissioner in the department conflict of interests code. In addition, commissioners who sit on the following boards are prohibited from accepting an honorarium from any source:

    Citywide Planning Commission

    LACERS Board of Administration

    Board of Fire and Police Pension Commissioners

    Board of Administration of the Water and Power Employees’ Retirement Plan

    Deferred Compensation Board

    Other boards and commissions that manage public investments

    If an honorarium is permitted, it is treated like outside income, and a commissioner must receive prior written approval to accept it.

  • Political Activity

    Commissioners may not engage in political activity while on duty for the City or using City resources or facilities. They may not communicate in a manner that implies they are speaking on behalf of the City. They may not solicit campaign contributions from other City personnel, and they may not receive or deliver campaign contributions in City Hall or another City-owned space. Commissioners may not use or authorize the use of City facilities or resources for campaign activity.

  • Revolving Door

    Commissioners are permanently prohibited from receiving compensation to attempt to influence City action on matters in which they personally and substantially participated during City service. The ban lasts as long as the matter is pending with a City agency or the City is a party to the matter. The ban extends to advising or assisting someone else who attempts to influence action on the matter.

    Commissioners are also subject to a one-year “cooling off” period, during which they are prohibited from receiving compensation to attempt to influence City action on any matter pending with the City department in which they served or, for commissioners serving on the Board of Public Works, any City department. This prohibition applies whether the commissioner personally participated in the matter or not.

    Commissioners may not negotiate future employment or business opportunities with a person (other than a government agency) who has a matter pending with them or their boards. In addition, commissioners are prohibited from participating in or using their City positions to influence a decision involving the interests of a person with whom they are negotiating or have an agreement regarding future employment or business opportunities.

WHAT DO I FILE?

FREQUENTLY ASKED QUESTIONS

For questions regarding specific scenarios, please contact us prior to taking action.

  • What interests do I have to report on my statement of economic interests?

    Your statement of economic interests includes two disclosure forms. On Form 700, you must report your and your spouse’s personal financial interests, including investments, business positions, real property interests, sources of income, gifts, and loans. On Form 60, you must also report personal financial interests that are held by you or your immediate family members and are associated with a restricted source. Commonly reportable interests include stocks, investments in business entities, trusts, rental property, non-government salaries, tickets, and travel payments.

  • When do I have to file a statement of economic interests?

    You must file a statement of economic interests within 30 days of starting a new City position, every April 1 while holding the position (covering activity for the prior calendar year), and within 30 days after leaving the position.

  • Can I volunteer to work on a City candidate’s campaign?

    Yes. However, you may not engage in campaign work on City time or use City resources. In addition, you may not do anything that implies that you are speaking on behalf of the City or that the City endorses the candidate.

  • I am leaving the City and would like to join a consulting firm that helps clients get City projects completed. Can I do that?

    You may join a consulting firm after leaving City office, but your activity for that firm is limited. You may not attempt to influence the City regarding any matter in which you personally and substantially participated during City service, and you may not advise anyone else who might attempt to influence the matter. In addition, for one year after you leave City service, you are banned from attempting to influence any matter in a department in which you served in the 24 months before leaving City service, whether you were personally involved in it or not. If you are a member of the Board of Public Works, the one-year ban applies to any matter in any City department.

  • Can a commissioner ask someone who has a contract with the commissioner’s department to contribute to a holiday party for the department?

    No. The contractor is a restricted source to the commissioner, and commissioners may not solicit gifts from restricted sources.

  • Can a 501(c)(3) organization pay for a commissioner’s travel to attend a conference?

    Yes, if the conference and travel payments are related to a legislative or governmental purpose or an issue of public policy. The commissioner may be required to recuse herself from participating in matters relating to the 501(c)(3) organization for the 12 months following the travel. In addition, the commissioner must report the travel on the next statement of economic interests. Travel from most other sources is a gift that may be prohibited or subject to an annual limit of either $100 or $470.

  • A lobbying firm is paying for a dinner to recognize me and other exceptional City staff and has offered me two tickets to the dinner. Can I attend?

    Probably not. You may not accept a gift of any value, including a meal or attendance at an event, from a City lobbying firm that is registered to lobby your department. The lobbying firm may recognize you by giving you a personalized plaque valued at $250 or less.

PUBLIC DATA PORTAL

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REQUIREMENTS

Record Keeping

Commissioners must create and maintain detailed records that are necessary to show that they have complied with the governmental ethics laws and the campaign finance laws. Records must be maintained for at least four years.

Training

Commissioners are required to complete two types of training when they enter City service and every two years thereafter: 1) ethics training provided by the Ethics Commission, and 2) fraud awareness training provided by the Personnel Department.

Disclosure

There are two types of disclosure required of commissioners. Detailed filing requirements can be found under “What Do I File?”.

  • Statements of Economic Interests

    Commissioners must disclose personal financial interests by periodically filing a statement of economic interests (SEI), which includes CA Form 700 (Statement of Economic Interests) and Form 60 (Restricted Source Financial Disclosure Statement). For most commissioners, the interests that they must disclose are specified in their department’s conflict of interests code. However, commissioners who serve on the following boards and commissions are identified in California Government Code § 87200 and, as a result, must report all of their sources of income, investments, gifts, and real property interests:

    Citywide Planning Commission

    LACERS Board of Administration

    Board of Fire and Police Pension Commissioners

    Board of Administration of the Water and Power Employees’ Retirement Plan

    Deferred Compensation Board

    Other boards and commissions that manage public investments

  • City-related Business

    When City action affects their financial interests, officeholders are required to file Form 44 (Statement of City-related Business). The financial interests that trigger reporting include real and personal property, a City contract, a grant, a loan, a forgiveness of debt, or an application for a license, certificate, permit, franchise, zone change, variance, credential, or other benefit. Form 44 must be filed with the Ethics Commission within 10 calendar days after City action affects one or more of these financial interests if held or sought by the commissioner, by the commissioner’s spouse or registered domestic partner, or by a business in which either the commissioner or the commissioner’s spouse or registered domestic partner holds an ownership interest of at least five percent.

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LIMITATIONS

  • Conflicts of Interests

    Commissioners are prohibited from participating in, making, or attempting to influence City decisions that could foreseeably affect their personal financial interests or the personal financial interests of their immediate family members. When such a conflict may exist, they must seek advice from the City Attorney’s office and may be required to recuse themselves from participating in the government decision. In addition to conflicts resulting from financial interests, the City Attorney’s office has the authority to decide that the public interest prevents a commissioner from acting on a matter, even if a financial interest is not affected.

    Commissioners may not have a financial interest in a City contract if their City duties require them to participate in any way in the contract, from preliminary discussions to execution of the contract. They are also prohibited from participating in a contract outside of a public meeting. If a commissioner has a financial interest in a contract and the board acts on the contract, severe penalties can result for the board and the City—even if the commissioner recuses herself.

    In the first 12 months of City service, commissioners are prohibited from knowingly participating in, making, or attempting to influence a City decision related to a contract if a party to the contract is a person by whom the commissioner was employed in the 12 months prior to entering City service.

    If a commissioner is required to recuse herself from participating in a matter that appears on a meeting agenda because of a financial interest, the commissioner must file Form 51 (Recusal Notification Form) with the Ethics Commission. The form must be filed every time the matter appears on an agenda, regardless of whether the commissioner attends the meeting. The form must be filed within 15 days after the date of the meeting. When a commissioner files Form 51 three or more times in a 365-day period, the Ethics Commission is required to determine whether the commissioner has a significant and continuing financial conflict and, if so, order divestment of the interest that is causing the conflict.

  • Gifts & Travel

    Commissioners are prohibited from soliciting or accepting a gift if it is reasonably foreseeable that it could influence them in the performance of their City duties. In addition, they may not solicit or accept a gift of any value from a lobbyist or lobbying firm registered to lobby their department. Registered lobbyists, lobbyist employers, and lobbying firms can be searched and viewed through the Public Data Portal.

    Commissioners are also prohibited from soliciting or accepting a gift or combination of gifts from a single source that, during a calendar year, exceeds $470. Gifts from a restricted source are more limited. Commissioners may never solicit a gift from a restricted source, and the value of all gifts received from a restricted source may not exceed $100 per calendar year.

    Personal loans may be considered gifts, unless they are from a commercial lending institution and made in the lender’s regular course of business on terms available to the public, without regard to the commissioner’s City status.

    Generally, commissioners may not accept payments for travel or travel-related expenses from sources other than the City. They may never accept free or discounted travel from transportation companies. In addition, gifts of travel are limited in the same way as other gifts, which means they cannot be solicited or accepted from lobbyists and lobbying firms, cannot exceed $100 per year from a restricted source, and cannot exceed $470 per year from any other source. Limited exceptions may apply, depending on the source, the destination, and the purpose of the travel.

    Commissioners must report on their statements of economic interests all gifts received from a single source that total $50 or more. Gifts may be tracked with the Gift Journal. If the exact dollar amount of a gift is unknown, the fair market value must be reported.

    Limited exceptions apply to the gift laws. In addition, under the Ticket Distribution & Disclosure Policy, tickets to certain types of events are not considered gifts if they are distributed by a City department and other procedural requirements are met.

  • Misuse of Position

    Commissioners may not use their positions to create a private advantage or disadvantage for any person. In addition, they may not use or authorize the use of City resources for non-City purposes. They are also prohibited from misusing or disclosing confidential information acquired as a result of their City service.

  • Outside Employment

    Commissioners may not engage in outside employment while on City time. In addition, they may not receive to compensation to attempt to influence action on a City matter on behalf of a person other than a City department.

    Full-time commissioners may not receive outside income unless they obtain prior written approval from their appointing authorities. If the source of income is a restricted source, a full-time commissioner must also obtain prior written approval from the Ethics Commission. A commissioner may not receive outside income if doing so would be inconsistent with, incompatible with, in conflict with, or inimical to his City duties.

    A commissioner’s ability to receive an honorarium is also limited. All commissioners are prohibited from accepting an honorarium from a source identified as a disclosable source for the commissioner in the department conflict of interests code. In addition, commissioners who sit on the following boards are prohibited from accepting an honorarium from any source:

    Citywide Planning Commission

    LACERS Board of Administration

    Board of Fire and Police Pension Commissioners

    Board of Administration of the Water and Power Employees’ Retirement Plan

    Deferred Compensation Board

    Other boards and commissions that manage public investments

    If an honorarium is permitted, it is treated like outside income, and a commissioner must receive prior written approval to accept it.

  • Political Activity

    Commissioners may not engage in political activity while on duty for the City or using City resources or facilities. They may not communicate in a manner that implies they are speaking on behalf of the City. They may not solicit campaign contributions from other City personnel, and they may not receive or deliver campaign contributions in City Hall or another City-owned space. Commissioners may not use or authorize the use of City facilities or resources for campaign activity.

  • Revolving Door

    Commissioners are permanently prohibited from receiving compensation to attempt to influence City action on matters in which they personally and substantially participated during City service. The ban lasts as long as the matter is pending with a City agency or the City is a party to the matter. The ban extends to advising or assisting someone else who attempts to influence action on the matter.

    Commissioners are also subject to a one-year “cooling off” period, during which they are prohibited from receiving compensation to attempt to influence City action on any matter pending with the City department in which they served or, for commissioners serving on the Board of Public Works, any City department. This prohibition applies whether the commissioner personally participated in the matter or not.

    Commissioners may not negotiate future employment or business opportunities with a person (other than a government agency) who has a matter pending with them or their boards. In addition, commissioners are prohibited from participating in or using their City positions to influence a decision involving the interests of a person with whom they are negotiating or have an agreement regarding future employment or business opportunities.

? ?

WHAT DO I FILE?

? ?

FREQUENTLY ASKED QUESTIONS

For questions regarding specific scenarios, please contact us prior to taking action.

  • What interests do I have to report on my statement of economic interests?

    Your statement of economic interests includes two disclosure forms. On Form 700, you must report your and your spouse’s personal financial interests, including investments, business positions, real property interests, sources of income, gifts, and loans. On Form 60, you must also report personal financial interests that are held by you or your immediate family members and are associated with a restricted source. Commonly reportable interests include stocks, investments in business entities, trusts, rental property, non-government salaries, tickets, and travel payments.

  • When do I have to file a statement of economic interests?

    You must file a statement of economic interests within 30 days of starting a new City position, every April 1 while holding the position (covering activity for the prior calendar year), and within 30 days after leaving the position.

  • Can I volunteer to work on a City candidate’s campaign?

    Yes. However, you may not engage in campaign work on City time or use City resources. In addition, you may not do anything that implies that you are speaking on behalf of the City or that the City endorses the candidate.

  • I am leaving the City and would like to join a consulting firm that helps clients get City projects completed. Can I do that?

    You may join a consulting firm after leaving City office, but your activity for that firm is limited. You may not attempt to influence the City regarding any matter in which you personally and substantially participated during City service, and you may not advise anyone else who might attempt to influence the matter. In addition, for one year after you leave City service, you are banned from attempting to influence any matter in a department in which you served in the 24 months before leaving City service, whether you were personally involved in it or not. If you are a member of the Board of Public Works, the one-year ban applies to any matter in any City department.

  • Can a commissioner ask someone who has a contract with the commissioner’s department to contribute to a holiday party for the department?

    No. The contractor is a restricted source to the commissioner, and commissioners may not solicit gifts from restricted sources.

  • Can a 501(c)(3) organization pay for a commissioner’s travel to attend a conference?

    Yes, if the conference and travel payments are related to a legislative or governmental purpose or an issue of public policy. The commissioner may be required to recuse herself from participating in matters relating to the 501(c)(3) organization for the 12 months following the travel. In addition, the commissioner must report the travel on the next statement of economic interests. Travel from most other sources is a gift that may be prohibited or subject to an annual limit of either $100 or $470.

  • A lobbying firm is paying for a dinner to recognize me and other exceptional City staff and has offered me two tickets to the dinner. Can I attend?

    Probably not. You may not accept a gift of any value, including a meal or attendance at an event, from a City lobbying firm that is registered to lobby your department. The lobbying firm may recognize you by giving you a personalized plaque valued at $250 or less.

? ?

PUBLIC DATA PORTAL

Search Former Website: Campaign | Lobbying

Search:
Campaigns Contracts Lobbying Documents
RESOURCES
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