BERNSON DRAWS ETHICS FINE OVER CONCERT TICKETS.

Byline: Patrick McGreevy Daily News Staff Writer

The Los Angeles Ethics Commission ruled Thursday that City Councilman Hal Bernson had violated ethics rules and fined him $1,500 for using a political officeholder account to buy tickets to the 1995 concert season at the Hollywood Bowl.

In a hearing Thursday in which the commission pressed its first enforcement action against an elected official, Bernson argued his decision to spend $1,140 in officeholder funds for concert tickets was proper. He said he took constituents and San Fernando Valley leaders to the concerts, where he discussed city business and their concerns.

``I felt that it was appropriate after consulting with my counsel,'' Bernson said. ``I intended to use these particular performances for . . . city business, conducting communication with constituents.''

The commission ruled unanimously that buying tickets to the Los Angeles Philharmonic did not comply with ethics rules requiring officeholder accounts to be used to ``assist, serve and communicate'' with constituents and banning their use for personal benefit.

``We did not intend for folks to communicate with their constituents at the Hollywood Bowl,'' said Commissioner Eve Fisher. ``I don't think the expenditure of a box at the Bowl relates to communicating with constituents and is necessary to communicate with constituents. And therefore I think it was a violation of this ordinance.''

Bernson said the commission was ``nitpicking.'' He said his use of funds was proper because the Los Angeles Philharmonic is a nonprofit group, and charitable contributions are an allowable use of officeholder funds.

``I'm just disappointed, that's all,'' Bernson said after the decision. ``I think the commission read what they wanted to into the law and not what the law says.''

Commission President Raquelle de la Rocha, who voted with the rest of the commissioners to find Bernson culpable for violating the ordinance, cast the lone dissenting vote against levying the fine.

``I believe the councilman had a good faith argument and the ordinance was ambiguous,'' she said.

Bernson said he might file a lawsuit in Superior Court challenging the Ethics Commission's ruling, saying the ordinance regulating officeholder accounts is vague and subject to interpretation.

``It's not over yet,'' Bernson said. ``I have no question in my mind that if this goes to a court, where people evaluate the law and what it says, that this will be changed. I'm keeping that option open.''

Ethics Commission enforcement director Laurie Tabachnik said Bernson clearly violated the ordinance adopted in 1994 by purchasing luxury box seats for concerts. She said the payments were not charitable contributions because Bernson received something of value in return.

Tabachnik called Public Works Board member Ellen Stein of Encino to testify that she used Bernson's box seats at least twice without paying for them and that she and her husband, city attorney candidate Ted Stein, have been friends of Bernson and his wife for years.

To show that tickets were properly used, Bernson recounted how he attended concerts with Valley leaders including then Community Redevelopment Commissioner Bobbi Fiedler; Zoning Appeals Board member Chris Kezios and her husband; and Harry Wilcox, the councilman's appointee to advisory committees on Porter Ranch Development and Van Nuys Airport.

Bernson said he talked with Fiedler about a proposal to establish a redevelopment project area in Northridge after the earthquake.

With Kezios, Bernson said he talked about zoning issues.

He also said one concert was attended by his aide, Francine Oschin, and Lee Alpert, who served on Bernson's citizens advisory committee for his council district. The two talked about a proposed development of the north campus of Cal State Northridge, Bernson said.

However, he acknowledged that his wife accompanied him to the concerts and that four of the concerts were attended by his chief of staff, Grieg Smith, to whom Bernson said he gave the tickets as gifts.

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PHOTO Hal Bernson

Slapped with $1,500 fine