AB 3123

Bill Subjects

Abstract

Existing law creates the Los Angeles County Metropolitan Transportation Authority (MTA) , governed by a 14-member board, with specified powers and duties relative to transportation planning, programming, and operations in the County of Los Angeles. Existing law prescribes a code of conduct for the board of MTA, which includes, among other things, rules pertaining to gifts and financial conflicts of interest. As part of the provisions establishing this code of conduct, existing law requires the board of MTA to appoint an ethics officer who reports to the board. Existing law also requires MTA to appoint an inspector general and requires the code of conduct to be enforced by the inspector general. This bill would revise and recast the code of conduct by, among other things, specifying that board members are subject to all ethics laws applicable to other public officials and by eliminating specific rules from the code of conduct including, among others, certain rules pertaining to gifts and financial conflicts of interest. The bill would also provide that the code of conduct is in addition to any rules or codes adopted by the board. The bill would require the ethics officer, in addition to reporting to the board, to operate in an independent manner, and would prohibit the ethics officer from being removed from office except under certain circumstances. The bill would require the ethics officer to provide advice to the board and MTA relating to codes of conduct, lobbying, governmental ethics, campaign finance, fair procurement practices, and conflicts of interest. The bill would also authorize the ethics officer to make recommendations regarding a potential violation to the inspector general. By imposing additional duties on the ethics officer, the bill would create a state-mandated local program. Existing law requires MTA to adopt and implement an ordinance for the regulation of lobbying. Existing law requires this ordinance to require lobbyists, lobbying firms, and lobbyist employers to submit an annual registration statement containing specified information and to submit quarterly reports containing specified information about their lobbying activities. Existing law also requires the ordinance to include specified prohibitions. Under existing law, a violation of these provisions is a misdemeanor and subject to a specified civil penalty, as specified. This bill would revise and recast these provisions by, among other things, authorizing the ethics officer to issue guidance and advice to implement these statutory requirements and by revising the required contents of the annual registration statements and quarterly reports. The bill would authorize the ethics officer to prescribe additional information to be included in the registration statements and quarterly reports, to conduct audits of those statements or reports, and to impose a late fee in a certain amount for a late filing of one of those statements or reports. The bill would subject lobbyist employers to various prohibitions applicable to lobbyists and lobbying firms. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law requires the authority to adopt an ordinance regulating the making of gifts to board members and employees of MTA. This bill would repeal this provision and would instead require any gifts to board members and employees of MTA to be governed by applicable state law and MTA's administrative code. Existing law prohibits any construction company, engineering firm, consultant, legal firm, or any company, vendor, or business entity seeking a contract with MTA from giving to a board member or employee of MTA, or to any member of their immediate families, a contribution of over $10 in value or amount, and imposes other related prohibitions with regard to contributions involving those entities. This bill would repeal those prohibitions. Existing law prohibits a board member or employee of MTA who has participated as a decisionmaker in the preparation, evaluation, award, or implementation of a contract and who leaves the authority from accepting, within 3 years of leaving the authority, employment with any company, vendor, or business entity that was awarded a contract as a result of their participation, evaluation, award, or implementation of that contract. This bill would repeal that provision and would instead prohibit a former board member or employee of MTA from accepting compensation from an MTA contractor as an employee, officer, director, or consultant of the contractor within 12 months after the former board member or employee served in certain capacities relating to an award of a contract to that contractor, as provided. The bill would authorize the inspector general to enforce this prohibition. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.