EIGHT SIMPLE RULES

(for avoiding the PID)

EIGHT SIMPLE RULES

(for avoiding the PID)

Dave DemerjianDave DemerjianHead Deputy District AttorneyHead Deputy District Attorney

Public Integrity DivisionPublic Integrity Division(213) 974-6515(213) 974-6515

Rule #1:Rule #1:

American Express…American Express…leave home leave home without itwithout it

Credit CardsCredit Cards

Any expenditure of public fundsAny expenditure of public funds1. Must be 1. Must be authorizedauthorized by law by law2. Must serve a 2. Must serve a public purposepublic purpose (a benefit to the public) (a benefit to the public)

PC 424 (felony)PC 424 (felony)4 yrs prison and lifetime ban4 yrs prison and lifetime ban

General law city: GC 36514.5General law city: GC 36514.5

ActualActual and and necessarynecessary expense expense“Indispensable, unavoidable…”“Indispensable, unavoidable…”ConnectionConnection between expense and between expense and

performance of official dutiesperformance of official duties

Credit CardsCredit Cards

Problem areas:Problem areas:GolfGolfAlcoholAlcoholNon-travel rental carsNon-travel rental carsMeals for third partiesMeals for third parties

Non-travel mealsNon-travel mealsGiftsGiftsPolitical expendituresPolitical expenditures

Credit CardsCredit Cards

Rule #2:Rule #2:

Is this trip necessary?Is this trip necessary?

ActualActual and and necessarynecessary expense expense

Clear nexusClear nexus between attendance between attendance and performance of official dutyand performance of official duty

Must serve a Must serve a public purposepublic purpose

TravelTravel

Problem areas:Problem areas:EntertainmentEntertainmentMeals for third partiesMeals for third partiesAlcoholAlcoholSpousesSpouses“Double dipping”“Double dipping”Failure to return excess advanceFailure to return excess advance

TravelTravel

Rule #3:Rule #3:Home is where Home is where

your stuff isyour stuff is

Statutes require Statutes require residencyresidency within within represented district represented district (domicile)(domicile)

Habitation isHabitation is fixed fixedIntention ofIntention of remaining remainingIntention ofIntention of returning returning

The place where youThe place where you live live

ResidencyResidency

Not living in the district is Not living in the district is not a not a crime crime but…but…

Filing false documentsFiling false documentsFalse voter registrationFalse voter registrationPerjuryPerjuryAnd voter fraudAnd voter fraud

Are all Are all feloniesfelonies

ResidencyResidency

Rule #4:Rule #4:It is better to give It is better to give

than receivethan receive

Limits established by FPPCLimits established by FPPC

Gift:Gift:Personal benefitPersonal benefit without equal without equal considerationconsideration, and, andRebateRebate or or discountdiscount not available to not available to

the publicthe public

Value = Value = fair market valuefair market value

GiftsGifts

GiftsGifts

Problem areas:Problem areas:Movie passesMovie passesEvent ticketsEvent ticketsLocal business discountsLocal business discountsHosted mealsHosted mealsTravelTravelUse of house/condo/aptUse of house/condo/apt

Rule #5:Rule #5:

Observe and report Observe and report ……accuratelyaccurately

Statement of Economic InterestStatement of Economic InterestForm 700Form 700

Report giftsReport giftsComplete and accurateComplete and accurate

Signed under Signed under penalty of perjurypenalty of perjuryPerjury is a Perjury is a felonyfelony

GiftsGifts

Rule #6:Rule #6:Don’t serveDon’t servetwo masterstwo masters

GC 87100GC 87100

MakeMake, or , or influence;influence;An An official decision;official decision;In which official (or spouse) has a In which official (or spouse) has a financial interestfinancial interest

When in doubt – sit it outWhen in doubt – sit it outOr contact the FPPC - immunityOr contact the FPPC - immunity

Conflicts of InterestConflicts of Interest

Special rule for Special rule for contractscontracts::Cannot Cannot vote onvote on, or , or influence;influence;A A contract contract In which official (or spouse) has a In which official (or spouse) has a financial interest financial interest (GC 1090)(GC 1090)

Willful and knowing violation = Willful and knowing violation = felonyfelony

FPPC FPPC cannotcannot provide advice/immunity provide advice/immunity

Conflicts of InterestConflicts of Interest

Rule #7:Rule #7:Political campaignsPolitical campaigns

(keep it clean)(keep it clean)

ReportReport all contributions all contributionsForm 460 signed under Form 460 signed under penalty penalty of perjuryof perjury

No No cashcash contributions contributionsCannot solicit employeesCannot solicit employeesNo anonymous No anonymous “hit piece”“hit piece” mailers mailersCampaign Campaign money launderingmoney laundering

Campaign IssuesCampaign Issues

Rule #8:Rule #8:Don’t keep secretsDon’t keep secrets

(The Brown Act)(The Brown Act)

Err on the side of transparencyErr on the side of transparencyEspecially Especially controversial issuescontroversial issues

The gadflies are watchingThe gadflies are watchingNo No “gray areas”“gray areas”Must be a specified exceptionMust be a specified exceptionAll exceptions benefit the residentsAll exceptions benefit the residents

NOT THE OFFICIALSNOT THE OFFICIALSWe don’t negotiateWe don’t negotiate

Brown ActBrown Act