Ethics Commission passes Villaraigosa case to judge

The Los Angeles Ethics Commission decided Tuesday to refer accusations of campaign finance violations against Mayor Antonio Villaraigosa to an administrative law judge, despite objections that the mayor’s involvement makes the case too important not to be heard by the panel.

Before deferring to the wishes of his colleagues, Ethics Commissioner Bill Boyarsky argued against the referral, saying the case is more significant than most and should be heard by the Ethics Commission so members can ask direct questions in a setting easily accessible to the public.

“This is a very important case,” Boyarsky said. “It involves the mayor of the city. He is the leader of the city. This should all be aired in public, and we as commissioners should hear it and be able to ask questions.”

Under the system approved by the commission, an administrative law judge will hear evidence from the mayor’s and commission’s attorneys before issuing a recommendation on whether Villaraigosa violated campaign laws.

The commission will make the final decision based on the transcripts and the judge’s report.

Commission Executive Director LeeAnn Pelham has accused Villaraigosa of 31 violations of campaign finance and disclosure laws, including a count being contested by the mayor that his 2003 City Council campaign exceeded by $39,000 the $150,000 limit on contributions from corporations, unions and other non-individuals.

An attorney for Villaraigosa said the money was raised after the 2003 election to pay for transition costs, and therefore are not subject to the limits on funds for campaign expenses.

If the judge finds that Villaraigosa violated the administrative codes, he and his campaign could be fined up to $267,000, although the commission staff has indicated it would be willing to settle the case for about $40,000 in penalties.

Most of the accusations, for failing to file mailers on time with the commission and exceeding individual contribution limits, are fairly routine in city elections. The charge that the mayor exceeded the $150,000 limit, however, is more rare.

All the accusations represent administrative -- not criminal -- violations.

Boyarsky, a former Times editor, said sending the matter to an administrative law judge could mean months of delays before a hearing is held. Although the administrative law judge hearings are open to the public, Boyarsky said they are held in a downtown office building away from City Hall so it is like sending the matter to a “bureaucratic black hole.”

However, Stephen Kaufman, an attorney for Villaraigosa, said the commission has traditionally referred similar cases to administrative hearing judges, and he would object to treating this case differently just because it involves the mayor.

“The mayor is entitled to the same due process considerations as anyone else, in the same situation, regardless of status,” Kaufman told the commission.

Kaufman said he was disturbed to hear the suggestion that a different process should be used because the mayor is involved.

“Simply because the mayor has chosen to take one of these issues, which is a very legitimate legal issue in dispute, for a determination, should not be a reason for penalizing him,” Kaufman argued.

Commission President Gil Garcetti agreed that the panel should stay with its traditional handling of such cases.

“I think it’s a very slippery slope for us to single out the mayor in this particular instance,” he said.

In addition to the accusation of exceeding the limit on contributions from companies, the mayor also is accused of accepting four contributions that exceeded the $500 limit for individuals and failing in 23 instances to properly file copies of campaign literature with the commission.

Also on Tuesday, the Ethics Commission approved $3,400 in fines against lobbyist Steven Afria for failing to properly report an independent expenditure to support Deron Williams in the 2003 City Council campaign for the 10th District.

The panel also approved $3,000 in fines against attorney Dominick Rubalcava for failing to register as a City Hall lobbyist, pay registration fees and file quarterly activity reports.

patrick.mcgreevy@latimes.com