ETHICS REFORM PROPOSED : FEUER SEEKS HARSHER PUNISHMENT FOR LEAKING OF CONFIDENTIAL CITY DOCUMENTS.

Byline: Patrick McGreevy Daily News Staff Writer

In the wake of the Michael Keeley controversy, Los Angeles City Councilman Mike Feuer on Wednesday called for making the disclosure of confidential city documents a violation of law.

Feuer's proposal comes in response to the finding by the city Ethics Commission that Keeley - because he did not profit personally - did not violate any ethics rules by releasing a confidential city attorney memo to an attorney opposing the city.

Ethics Commission Executive Director Rebecca Avila concluded in a report that Keeley did not disclose the information for ``pecuniary gain or personal advantage,'' which are the standards for misconduct in the ethics laws.

Feuer, who chairs the council's Rules and Elections Committee, said the standard needs to be changed.

``In this case it was argued that Mr. Keeley violated no rules because he had no financial stake in the outcome,'' Feuer said after a hearing by his committee on the issue. ``I don't think anybody is alleging he did have a financial stake in the outcome. But I am among those who believe that there was wrongdoing by revealing this confidential information.''

Feuer said he needs to work out details of the motion, including whether the release of confidential information would be a criminal or civil violation.

Currently, a person can be punished administratively, civilly or criminally for releasing confidential information for financial gain, Avila told Feuer's committee.

To rise to the level of a criminal charge, the action has to be proved to be ``knowing and intentional,'' she said.

Avila said after Wednesday's hearing that she plans to submit the issue to the Ethics Commission so it can decide whether ethics laws need to be changed.

``I think it's something for the commission to discuss,'' she said.

City disciplinary rules do allow suspension or even firing of an employee who leaks documents. But the rules have limited value with high-level city officials, such as council members, who are elected by the voters, Avila said.

In addition, in the Keeley matter, the decision of whether to discipline was up to the mayor, who appointed Keeley and had close personal and business ties with his deputy.

``It would be under the jurisdiction of the Ethics Commission to say there's been an ethics breach,'' Feuer said of his proposal. ``It would be a violation of the law. There would clearly be a penalty.''

Chief Assistant City Attorney Pedro Echeverria told the council panel that his office would have to study the idea.