EIGHT SIMPLE RULES (for avoiding the PID) Dave Demerjian Head Deputy District Attorney Public Integrity Division (213) 974...
Rule #1: American Express… leave home  without it
Any expenditure of public funds 1. Must be  authorized  by law 2. Must serve a  public purpose   (a benefit to the public)...
General law city: GC 36514.5 Actual  and  necessary  expense “Indispensable, unavoidable…” Connection  between expense and...
Problem areas: Golf Alcohol Non-travel rental cars Meals for third parties   Non-travel meals Gifts Political expenditures...
Rule #2: Is this trip necessary?
Actual  and  necessary  expense Clear nexus  between attendance and performance of official duty Must serve a  public purp...
Problem areas: Entertainment Meals for third parties Alcohol Spouses “Double dipping” Failure to return excess advance Tra...
Rule #3: Home is where  your stuff is
Statutes require  residency  within represented district  (domicile) Habitation is  fixed Intention of  remaining Intentio...
Not living in the district is  not a crime  but… Filing false documents False voter registration Perjury And voter fraud A...
Rule #4: It is better to give  than receive
Limits established by FPPC Gift: Personal benefit  without equal  consideration , and Rebate  or  discount  not available ...
Problem areas: Movie passes Event tickets Local business discounts Hosted meals Travel Use of house/condo/apt Gifts
Rule #5: Observe and report  … accurately
Statement of Economic Interest Form 700 Report gifts Complete and accurate Signed under  penalty of perjury Perjury is a  ...
Rule #6: Don’t serve two masters
GC 87100 Make , or  influence; An  official decision; In which official (or spouse) has a  financial interest When in doub...
Special rule for  contracts : Cannot  vote on , or  influence; A  contract  In which official (or spouse) has a  financial...
Rule #7: Political campaigns (keep it clean)
Report  all contributions Form 460 signed under  penalty  of perjury No  cash  contributions Cannot solicit employees No a...
Rule #8: Don’t keep secrets (The Brown Act)
Err on the side of transparency Especially  controversial issues The gadflies are watching No  “gray areas” Must be a spec...
 
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Dave Demerjian - LA County Distict Attorney's Office Of Public Integrity

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  • The voters want to know who is giving you gifts – that’s why we have these rules If you are too embarrassed to report the gift – maybe you shouldn’t be accepting it The ones you don’t want to report are the very ones the voters want to know about Important that your reporting is accurate and complete Perjury conviction disqualifies you from holding public office
  • Dave Demerjian - LA County Distict Attorney's Office Of Public Integrity

    1. 1. EIGHT SIMPLE RULES (for avoiding the PID) Dave Demerjian Head Deputy District Attorney Public Integrity Division (213) 974-6515
    2. 2. Rule #1: American Express… leave home without it
    3. 3. Any expenditure of public funds 1. Must be authorized by law 2. Must serve a public purpose (a benefit to the public) PC 424 (felony) 4 yrs prison and lifetime ban Credit Cards
    4. 4. General law city: GC 36514.5 Actual and necessary expense “Indispensable, unavoidable…” Connection between expense and performance of official duties Credit Cards
    5. 5. Problem areas: Golf Alcohol Non-travel rental cars Meals for third parties Non-travel meals Gifts Political expenditures Credit Cards
    6. 6. Rule #2: Is this trip necessary?
    7. 7. Actual and necessary expense Clear nexus between attendance and performance of official duty Must serve a public purpose Travel
    8. 8. Problem areas: Entertainment Meals for third parties Alcohol Spouses “Double dipping” Failure to return excess advance Travel
    9. 9. Rule #3: Home is where your stuff is
    10. 10. Statutes require residency within represented district (domicile) Habitation is fixed Intention of remaining Intention of returning The place where you live Residency
    11. 11. Not living in the district is not a crime but… Filing false documents False voter registration Perjury And voter fraud Are all felonies Residency
    12. 12. Rule #4: It is better to give than receive
    13. 13. Limits established by FPPC Gift: Personal benefit without equal consideration , and Rebate or discount not available to the public Value = fair market value Gifts
    14. 14. Problem areas: Movie passes Event tickets Local business discounts Hosted meals Travel Use of house/condo/apt Gifts
    15. 15. Rule #5: Observe and report … accurately
    16. 16. Statement of Economic Interest Form 700 Report gifts Complete and accurate Signed under penalty of perjury Perjury is a felony Gifts
    17. 17. Rule #6: Don’t serve two masters
    18. 18. GC 87100 Make , or influence; An official decision; In which official (or spouse) has a financial interest When in doubt – sit it out Or contact the FPPC - immunity Conflicts of Interest
    19. 19. Special rule for contracts : Cannot vote on , or influence; A contract In which official (or spouse) has a financial interest (GC 1090) Willful and knowing violation = felony FPPC cannot provide advice/immunity Conflicts of Interest
    20. 20. Rule #7: Political campaigns (keep it clean)
    21. 21. Report all contributions Form 460 signed under penalty of perjury No cash contributions Cannot solicit employees No anonymous “hit piece” mailers Campaign money laundering Campaign Issues
    22. 22. Rule #8: Don’t keep secrets (The Brown Act)
    23. 23. Err on the side of transparency Especially controversial issues The gadflies are watching No “gray areas” Must be a specified exception All exceptions benefit the residents NOT THE OFFICIALS We don’t negotiate Brown Act

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