PANEL ACCUSES BERNSON WITH ETHICS VIOLATION : COUNCILMAN DEFENDS TICKET PURCHASE.Byline: Patrick McGreevy Daily News Staff Writer The director of the 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. 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. accused City Councilman Hal Bernson Hal Bernson served as Los Angeles City Councilman for the 12th district. He was chair of the Transportation Committee. Prior to being on the City Council, he served in the Navy. Preceded by Robert M. on Thursday of violating ethics laws by using $1,140 from his political officeholder of·fice·hold·er n. One who holds public office. Noun 1. officeholder - someone who is appointed or elected to an office and who holds a position of trust; "he is an officer of the court"; "the club elected its officers for account to buy tickets to the Hollywood Bowl. The commission will meet Jan. 9 to set an administrative hearing administrative hearing n. a hearing before any governmental agency or before an administrative law judge. Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling. on the accusation, which is the first enforcement action by the commission against an elected official. If Bernson is proved during the hearing to have violated the law, he faces a fine of up to $5,000, according to Rebecca Avila, executive director of the agency. Avila said in a statement that ``there is probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. to believe that Councilman Hal Bernson violated city law regulating officeholder account funds by spending $1,140 of officeholder funds to purchase luxury box seat tickets and parking to the Los Angeles Philharmonic The Los Angeles Philharmonic (LAP) is an American orchestra based in Los Angeles, California, United States. History Founded in 1919 by William Andrews Clark, Jr. at the Hollywood Bowl.'' Avila said a law that took effect Jan. 1, 1995, requires expenditures from officeholder accounts to be used for governmental purposes and banned uses that personally benefit the officeholder. ``This expenditure was made for the private use of Councilman Bernson and not governmental use,'' said the six-page accusation, issued after hearing officer Pamela Albers held a probable cause hearing on the matter. Bernson denied that he broke the law and accused the Ethics Commission of singling him out for a practice that he believes is common among elected officials. ``I believe this is selective prosecution Criminal prosecution based on an unjustifiable standard such as race, religion, or other Arbitrary classification. Selective prosecution is the enforcement or prosecution of criminal laws against a particular class of persons and the simultaneous failure to administer ,'' Bernson said. ``We disagree with them on this. I do believe we are correct.'' The Ethics Commission investigation found that Bernson has been buying season tickets for a luxury box since 1983 and in 1995 purchased the seats with officeholder funds for a 10-concert series. On the same day Bernson bought the seats, the Los Angeles Philharmonic received $3,080 for the remaining seats in the same box from the account of former mayoral adviser Ted Stein and his wife, Ellen, who is a member of the city Public Works board. The Steins are not accused of any wrongdoing wrong·do·er n. One who does wrong, especially morally or ethically. wrong  do . Bernson confirmed that before the ethics law changed, he had for years used his officeholder account to buy season tickets to the Hollywood Bowl. When the law changed, Bernson said he asked an expert in campaign finance law, attorney Cary Davidson, whether he could continue buying the tickets. ``I asked him whether it was legal to continue and he said it was,'' Bernson said. ``Once they challenged us, we ceased doing it because we don't want to violate the law.'' Bernson said he argued in the closed-door probable cause hearing that his actions were legal for two reasons. He said officeholder accounts can be used to make charitable donations and the Los Angeles Philharmonic is a nonprofit organization Nonprofit Organization An association that is given tax-free status. Donations to a non-profit organization are often tax deductible as well. Notes: Examples of non-profit organizations are charities, hospitals and schools. . ``It is legal and acceptable to contribute to a nonprofit corporation nonprofit corporation n. an organization incorporated under state laws and approved by both the state's Secretary of State and its taxing authority as operating for educational, charitable, social, religious, civic or humanitarian purposes. ,'' he asserted. The Ethics Commission accusation challenges that contention. ``This expenditure was not a charitable contribution charitable contribution n. in taxation, a contribution to an organization which is officially created for charitable, religious, educational, scientific, artistic, literary, or other good works. because consideration, in the form of box seats and parking, was received in exchange for the payment to the Los Angeles Philharmonic at the Hollywood Bowl,'' the accusation said. Bernson said he also believes the expenditure was legal because he used the tickets to discuss city business in a relaxed setting. ``The people we took on two occasions were people we have legitimate city issues to discuss with, so it qualifies under the law that way,'' Bernson said. However, the committee's accusation says that the ethics law requires the officeholder to disclose the governmental purpose related to the entertainment expense and the name of each person participating in the entertainment reimbursed by officeholder funds. ``Councilman Bernson has never submitted'' such a disclosure, the accusation says. Avila said the Ethics Commission tried for 13 months to gain voluntary compliance from Bernson before deciding to pursue the accusation. But Bernson has maintained the Ethics Commission is wrong in its reading of the law. He said his use of philharmonic tickets to discuss city business with constituents is no different that the common practice of other elected officials who use officeholder accounts to buy dinners at which government business is discussed. ``That's a common practice,'' he said. Bernson said he will wait to see what the Ethics Commission decides before determining what option he will take. Bernson could settle the case by paying a fine or fight the accusation in the administrative hearing. CAPTION(S): Photo PHOTO Hal Bernson Calls funding use legal |
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