Measure ER

Los Angeles City Ethics Commission Authority and Operational Independence

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Would amend the City Charter to establish a minimum annual budget for the City Ethics Commission; increase the Commission's authority over spending decisions and hiring matters; allow the Commission to obtain outside counsel in limited circumstances; impose additional qualification requirements on Commission members; require the City Council to hold a public hearing on Commission proposals; and increase penalties for violations of City laws. Measure ER requires 50%+1 of the vote in order to pass.

Fiscal Impact: Starting with the 2025-2026 fiscal year budget, the Council shall appropriate a minimum of seven million ($7,000,000) dollars for each fiscal year for the commission’s annual operating budget.  The appropriation amount shall be adjusted each fiscal year based on the change to City’s revenues in the prior year.  However, adjustment to the commission’s annual budget based on the change to City’s revenues in the prior year is not required if the Council finds that exigent circumstances exist such that an adjustment should not be made for that fiscal year.

Next Los Angeles County Measure: Measure F

Details

Pro/Con
Pro: 

Supporters argue that this amendment gives the City Ethics Commission more freedom to investigate ethics violations, and it increases potential penalties for those who break the rules. In recent years, a few city officials have betrayed the public and disgraced their position by acts of corruption, and they have been punished under the law.  The vast majority of City employees and officials perform their duties conscientiously and respect our ethics rules. Unfortunately, there are some who will try to abuse their authority to enrich themselves or serve their own interests. An effective city government must be beyond reproach. The people of Los Angeles depend on the City Ethics Commission to discourage the kind of violations that undermine public confidence in government.

A YES vote on this measure means you support a Charter Amendment to redefine the City Ethics Commission’s scope.

Con: 

No official argument against Measure ER was submitted.

A NO vote on this measure means you oppose a Charter Amendment to redefine the City Ethics Commission’s scope.

In Depth

The Ethics Commission was established in the City of Los Angeles to ensure that the City is conducting business with efficiency, transparency, and fairness, while also working to build public confidence in City government and election processes. The Ethics Commission is required by law to administer City and State laws related to campaign finance, City contracts as it relates to prospective contractors and developers, governmental ethics, and lobbying. 

In 2023, the Council initiated a process to reform the City Charter. As part of this effort, the Ethics Commission submitted several recommendations to the City Council that would update the City Charter to expand the Commission’s authority and operational independence, as well as update administrative provisions related to the Commission’s policies and processes. The measure would amend the City Charter to:

  • Add prohibitions on individuals who can be appointed to the Ethics Commission, which would prevent the nomination of an appointing authority relative or relative of other elected City officials, a political campaign consultant, or a major donor to a political campaign;

  • Add qualifications for members of the Commission and the Executive Director during their tenure, including limitations on having an ownership interest in a business that contracts with or seeks discretionary approval from the City, participating as a major donor to campaigns, or providing compensated advice or services to campaigns;

  • Allow for appointed members of the Ethics Commission to be removed by their appointing authorities, and increase the time frame to fill a vacancy on the Commission from 30 to 90 days;

  • Increase the monetary penalty of ethics-related violations from $5,000 to $15,000, and adjust this penalty annually according to the Consumer Price Index;

  • Allow the Executive Director’s designee to determine whether there is probable cause concerning a violation of provisions within the City Charter or City ordinances; 

  • Require the City Council to hold a public hearing on a policy proposal from the Ethics Commission within 180 days; 

  • Allow the Ethics Commission to retain outside legal counsel under limited circumstances, including on matters involving the City Attorney, the City Attorney’s Office, the City Attorney’s campaign, or on specific investigative and enforcement matters;

  • Increase the Commission’s budget for a special prosecutor from $250,000 to $500,000, and update provisions that would authorize the Commission to select a special prosecutor from an approved list when the City Attorney declares a conflict of interest;

  • Appropriate a minimum of $7 million per year beginning in fiscal year 2025-26 for the Ethics Commission’s annual operating budget, and adjust this appropriation each year based on the City’s prior year revenues, unless the Council finds that circumstances exist not to do so;

  • Authorize expenditures by the Ethics Commission without prior approval from City offices or personnel when the expenditures are within the Commission’s budget, unless the Council finds that circumstances exist not to do so;

  • Authorize the Ethics Commission to set the salary of the Commission’s Executive Director, and align the salary range to be consistent with the salary ranges of other City General Managers;

  • Exempt employees of the Ethics Commission from civil service employment provisions; and 

  • Exempt the Ethics Commission from hiring freezes if the Commission operates within its approved budget.

Source: Measure ER Impartial Analysis

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