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Council keeps temporary member-communications rules ahead of upcoming special elections
Summary
City Council approved substitute emergency ordinances to preserve disclosure and reporting rules for "member communications" for upcoming special elections while staff consults with state authorities on a longer-term fix.
The Los Angeles City Council on July 17 approved a substitute motion and four ordinances to temporarily continue the city's member-communications disclosure rules for upcoming special elections while staff seeks a permanent solution in coordination with state authorities.
Leanne Pelham, executive director of the City Ethics Commission, told the council the measures would treat member communications that expressly advocate support or defeat of a candidate as independent expenditures for reporting, require near-election filings so the public can see funding sources, and require that the text of anonymous telephone ads be filed with the Ethics Commission for disclosure.
Councilmember Alex Pacheco said staff and the City Attorney recommended using temporary ordinances for the immediate Council District 2 and 4 special elections to avoid litigation with state law—specifically concerns that state campaign finance rules (cited in debate as Proposition 34 and state FPPC jurisdiction) could preempt a local permanent ordinance. The substitute motion was presented as an interim measure while staff works with state officials to craft a permanent fix.
Pacheco and other members described concerns about large outside spending and the ability of independent third parties to significantly influence local races. Pelham said the City Charter currently limits contributions to independent expenditure committees to $500 per calendar year and noted that the city would review its 10 years of experience with public matching funds to explore additional ways to promote competitive races.
The substitute motion passed on a recorded vote of 12 ayes; the four associated ordinances were then recorded as approved (clerk recorded 12 ayes) and will be sent forward as adopted.
Councilmembers asked the Ethics Commission to undertake broader outreach to candidates and stakeholders, including conferences and surveys, as the city considers more comprehensive reform.
