Way Cleared for Bernson Ethics Trial

An independent hearing officer has ruled that there is “probable cause” to bring City Councilman Hal Bernson to trial for allegedly violating ethics laws by using officeholder funds to buy tickets to the Hollywood Bowl.

Bernson spent $1,140 on parking and season tickets for the Los Angeles Philharmonic at the bowl last year, despite repeated warnings from ethics officials that the purchase violated the law.

Ethics officials turned the matter over to hearing officer Pamela Albers, an Avalon-based attorney, who ruled that “the expenditure is not permitted under the ordinance.”

The ruling clears the way for a trial before an administrative law judge or the city Ethics Commission. Bernson can be fined up to $5,000 for the violation. The commission will meet next month to decide how to proceed.

Officeholder accounts--funded by contributions from supporters and lobbyists--can only be used to support government activities related to communicating with or serving constituents.

Bernson, who has repeatedly battled with the Ethics Commission, defended his purchase as legal, and charged that he is a victim of “selective prosecution” by ethics officials.

The councilman declined to say why he believes he has been singled out, but in the past he has charged that he was targeted by former Ethics Commission Director Ben Bycel, who was replaced in April by Rebecca Avila.

Bernson said his lawyers told him the purchase was legal because the law allows elected officials to donate officeholder money to charitable organizations, such as the philharmonic. He also argued that the tickets help him communicate with his constituents in a relaxed setting.

Bernson said he has not decided whether he will continue to fight the decision. “We are going to wait to see what the commission does,” he said.

According to Ethics Commission records, Bernson paid for two of four box seats at the bowl. The other two seats were paid for by former Airport Commission President Ted Stein and his wife, Ellen. Ted Stein is a candidate for city attorney.

The dispute centers on a portion of city law that allows elected officials to use officeholder funds to “purchase tickets to charitable or civic events, where no substantial part of the proceeds will personally benefit the elected officer.”

But in a report to Albers, Avila said ethics laws do not allow elected officials to use officeholder money to buy tickets to entertainment events for the personal use of the elected official.

Avila declined to comment on the matter. Albers said in her report that in order to claim a donation, Bernson must deduct from the price of the tickets the benefits he received. In other words, she said he must deduct the value of the concerts. She said Bernson did not do that.

In her report, Albers also dismisses Bernson’s allegation that he is a victim of selective prosecution.

“There is no evidence in the record supporting a claim of invidious discrimination based on class in this case,” she said.

The decision is the latest chapter in a feud between Bernson and the commission, which has criticized him for spending thousands of dollars from the officeholder fund without providing details on how the money was spent.

In response to such expenditures by Bernson and others, the Ethics Commission adopted tougher ethics bylaws that took effect Jan. 14, 1995. Those regulations require elected officials to explain how the expenses relate to holding the elected office. Bernson purchased the Hollywood Bowl tickets Feb. 10, 1995.

But ethics officials say Bernson has never provided a report explaining how the tickets are related to holding office and never explained who accompanied him to the concerts.

According to Albers’ report, Bernson’s former attorney, Neil Papiano, told ethics officials that he would provide the detailed information about the tickets if ethics officials would agree to drop the matter against Bernson.