Ethics Panel Delays Vote on Fines for City Attorney

The Los Angeles Ethics Commission balked Tuesday at ratifying $11,764 in fines against City Atty. Rocky Delgadillo and his campaign treasurer after some members said they are reluctant to continue the panel’s zero-tolerance approach to violations.

The panel delayed a vote on the fines for a month, even as it also recommended Tuesday that the City Council adopt tougher restrictions on the political activities of City Hall lobbyists. The measures are part of a sweeping reform plan put forward by Mayor James K. Hahn in February.

Delgadillo and his campaign treasurer had signed agreements acknowledging that his 2001 campaign for city attorney accepted $5,364 in contributions from six businesses that exceeded limits on donations. They also admitted that his political officeholder account had failed to disclose on time the details of 64 expenditures for dinners, travel and gifts.

The five-member panel delayed a vote on the fines after a majority said they wanted more time to consider whether it is justified to impose fines in cases where violations are unintentional bookkeeping errors and involve a small percentage of the total amount raised by the candidate.

“I am not for zero tolerance,” said Commissioner Uri Herscher, who was appointed to the panel by Delgadillo. “I need to have some judgment. Otherwise I’m not sure what my role as a commissioner is.”

Commission President Gil Garcetti and Commissioner Dale Bonner said they were uncomfortable voting on the fines for Delgadillo until after the panel decides whether to adopt a policy to waive fines in cases where violations are unintentional and involve a set, small percentage of the total raised by the candidate.

The excess contributions received by Delgadillo represent less than 1% of the $2.6 million his campaign raised, according to Ethics Commission enforcement chief Deena Ghaly. She said there was no evidence the violations were intentional.

Garcetti said zero tolerance has been the commission’s policy “if you look at the history of enforcement actions, but I’m not there right now.”

The commissioners asked for more details on the scope of the violations and what kind of bookkeeping errors might have been involved.

Commissioner Bill Boyarsky said he was uncomfortable with the idea of waiving fines based on the percentage of the contributions that are in violation of city laws.

“The issue is did they break the law? Did they go over the limit or not?” Boyarsky said. “If you did go over the limit, are there extenuating circumstances? If there are extenuating circumstances, then I think we should reduce or vote against the fine.”

The commission also agreed Tuesday to delay, for a second time, $1,650 in fines for similar violations by Michael Feuer, who also ran for city attorney in 2001.

In a separate matter, the panel recommended Tuesday that the City Council ban political consultants from lobbying the officials they help elect, and prohibit lobbyists from fundraising for city candidates.

Though the panel had endorsed the proposals in concept last month, the action Tuesday to recommend specific language for ordinances was a step forward for Hahn’s reform plan.

Hahn proposed the ethics reforms to address the public perception that contractors, developers and lobbyists have undue influence at City Hall. The proposals were made after the district attorney’s office opened a grand jury investigation into whether city contracts were tied to political contributions.

Garcetti said the two measures would address the perception that there is an uneven playing field at City Hall.

“I hope they give voters and people in the city a little more confidence that money and connections do not buy influence with elected officials,” Garcetti said.

However, Jim Sutton, who represents an association of City Hall lobbyists, said he thought the new laws might run afoul of constitutional protections, including free speech rights.

The commission delayed action on other key proposals by Hahn, including a prohibition on city contractors and developers from contributing to or fundraising for city candidates. The city attorney’s office said it was still looking into the constitutionality of the delayed measures.