ETHICS PANEL TO RULE ON CONFLICTS; MEMBER'S RECUSALS MAY CAUSE REMOVAL.Byline: Patrick McGreevy Daily News Staff Writer The city's Ethics Commission In the United States, an Ethics Commission is a commission established by State law to discourage dishonest practices by their public employees and elected officials. Almost all American states have such a commission. plans to determine whether Police Commissioner Gerald Chaleff has too many conflicts of interest as a partner in a Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. law firm to serve on the panel, officials said Tuesday. Chaleff had to recuse To disqualify or remove oneself as a judge over a particular proceeding because of one's conflict of interest. Recusal, or the judge's act of disqualifying himself or herself from presiding over a proceeding, is based on the Maxim himself Tuesday from approving a nighttime construction permit for the downtown sports arena because his law firm, Orrick, Herrington & Sutcliffe, was hired by the city to negotiate the financial arrangement that allowed the arena developers to build the facility. Chaleff has had to recuse himself from voting eight times since he was appointed in August 1997, while the City Charter allows commissioners to recuse themselves only three times before a Ethics Commission review is triggered. ``We'll take a look at the nature of the conflict that caused the recusal recusal n. the act of a judge or prosecutor being removed or voluntarily stepping aside from a legal case due to conflict of interest or other good reason. (See: recuse) and make a recommendation to the Ethics Commission whether there is an ongoing and significant conflict that would require divestiture The breakup of AT&T. By federal court order, AT&T divested itself on January 1, 1984 of its 23 operating companies, which became known as the Regional Bell Operating Companies (RBOCs). ,'' said Ethics Commission Deputy Director LeeAnn Pelham Noun 1. Pelham - a bit with a bar mouthpiece that is designed to combine a curb and snaffle bit - piece of metal held in horse's mouth by reins and used to control the horse while riding; "the horse was not accustomed to a bit" . A similar review might be required soon for Police Commission President Edith Perez, who has been disqualified dis·qual·i·fy tr.v. dis·qual·i·fied, dis·qual·i·fy·ing, dis·qual·i·fies 1. a. To render unqualified or unfit. b. To declare unqualified or ineligible. 2. from voting twice in the past seven months because of conflicts of interest stemming from her employment with a law firm. Like all commissioners, Perez and Chaleff were given a written notice by the Ethics Commission when they were appointed that if they are disqualified from acting on three or more agenda items in a year because of a conflict caused by the same interest, the Ethics Commission ``is required by . . . the City Charter to determine if the commissioner has a significant and continuing conflict.'' ``If the commission so determines, it may order divestment divestment to strip one's investment from an entity. of the interest causing conflict,'' states the written notice given to all new commissioners. Chaleff said he does not believe he faces a significant and continuing problem that should require him to divest To deprive or take away. Divest is usually used in reference to the relinquishment of authority, power, property, or title. If, for example, an individual is disinherited, he or she is divested of the right to inherit money. from his law firm. He believes his law firm has finished its work on the arena, so the chance of a conflict is less. The majority of his recusals are on nighttime construction permits sought by the Department of Water and Power, which his law firm serves in a separate capacity as bond counsel. ``If I was recusing myself because of real substantial conflict issues, I would take some action,'' Chaleff said. ``I don't think it's a problem.'' However, Chaleff did have to recuse himself from voting on a $51 million contract with Motorola to install a new police radio system. Again, Chaleff's law firm counts Motorola among its clients, but not on the police contract issue. Still, Deputy City Attorney Byron Boeckman advised the commission that it likely will have to transfer a vote on the arena permits to the City Council's Board of Referred Powers because of conflicts faced by Chaleff and Perez. Perez's law firm, Latham & Watkins, was hired by the L.A. Arena Co. to represent it in negotiations with the city and has an active interest. ``Between the two of them, I thought we ought to check to make sure it wasn't something that should go to the Board of Referred Powers,'' Boeckman said. The arena matter first came before the commission last week and was continued by Perez until Tuesday, when Perez was absent from that part of the meeting. With only three commissioners present, and Chaleff recusing himself, the panel did not have a quorum A majority of an entire body; e.g., a quorum of a legislative assembly. A quorum is the minimum number of people who must be present to pass a law, make a judgment, or conduct business. to act even if Boeckman had not urged the commission to seek a formal legal opinion on disqualifying dis·qual·i·fy tr.v. dis·qual·i·fied, dis·qual·i·fy·ing, dis·qual·i·fies 1. a. To render unqualified or unfit. b. To declare unqualified or ineligible. 2. the whole commission. Perez did not return calls for comment, but a spokesman said the commission president is aware of the conflict of interest. Given that Chaleff depends on the law partnership for a significant portion of his livelihood, it might be impractical for him to divest himself, but Pelham said the commission would have to determine whether there are any other alternatives. Pelham said one member of another commission resigned rather than face having to divest from a major holding. |
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