Ex-Planner May Have Violated Ethics Law, Panel Says

The Los Angeles Ethics Commission says a former city planner may have violated the city’s year-old ethics law by appearing before a committee handing out a lucrative city contract, and has ordered the Planning Department to “avoid such conduct in the future.”

Ethics Commission Executive Officer Benjamin Bycel ruled in the case of Gary A. Morris, who was the zoning administrator overseeing subdivisions when he left the city in July, 1990. Less than a year later, Morris represented a private contractor, BTC Inc. of Sherman Oaks, in its bid to win a contract worth $7 million to mail out hearing notices for the Planning Department.

A new ethics code passed by city voters in June, 1990, states that high-ranking employees should not lobby their former agencies for at least a year after leaving city service. Morris, who meets the definition of a high-ranking employee, appeared before the Planning Department selection committee nine months after his departure.

In a letter mailed Monday to Planning Director Melanie Fallon, Bycel noted that Morris apparently was a minor participant in an April meeting with the committee that was recommending the contractor.

“Nevertheless,” Bycel wrote, “his participation and presence at the meeting gave the appearance of impropriety and appears to be a possible violation of the city ethics ordinance. Needless to say, your agency should take steps to avoid such conduct in the future.”

Commissioners decided against opening formal proceedings that could lead to sanctions, including fines and possible criminal prosecution, because the ethics law is new and the city is still learning to adapt, Bycel said. He also said Morris had later expressed regrets over attending the meeting.

“It’s like when you’re going down the freeway a few miles over the speed limit and a cop pulls you over and gives you a warning,” Bycel said in an interview Tuesday. “We didn’t think it was worth handing out a ticket yet. When the law is clear to everyone, we’ll be taking a different view of the revolving-door policy.”

Bycel said this was the first inquiry conducted by the commission under the revolving-door language of the ethics code.

Morris said he received a copy of the letter from Bycel but still did not feel he had done anything wrong. “I feel they were concerned more with the appearance than the substance,” Morris said.

Fallon asked the Ethics Commission to look into the case after The Times inquired. A May 24 letter from Fallon asked the commission to “advise us, or take appropriate action, as necessary.”

In his response Monday, Bycel ordered Fallon to circulate copies of the ethics ordinance to employees. But Bycel said he was generally pleased with the city agency’s response to his concerns. He said the Planning Department has requested a meeting with the commission to gain a better understanding of the revolving-door policy for government workers.

BTC Inc. was eventually selected to receive the contract and the City Council was scheduled to ratify the award within a few weeks. It was not clear whether the ethics issue will affect the council’s decision.

A spokesman for Hal Bernson said the councilman “is going to study” the matter before commenting. Bernson is chairman of the Planning and Land Use Management Committee, under which the mailing contract falls.