130600. For purposes of this chapter, the following terms have the
following meanings:
(a) "Board" means the board of directors of the Los Angeles County
Metropolitan Transportation Authority.
(c) "Entitlement for use" includes all contracts except
competitively bid, labor, or personal employment contracts,
regardless of whether an individual accepts, solicits, or directs the
contribution for himself or herself or on behalf of any other
candidate or committee.
(d) "Gift" has the same meaning as defined in Section 82028 of the
Government Code.
(e) "Indirect investment or interest" means any investment or
interest owned by the spouse or dependent children of an individual,
by an agent on behalf of the individual, or by a business entity or
trust in which the individual, the individual's agents, spouse, or
dependent children own directly, indirectly or beneficially a 10
percent interest or greater.
(f) "Participant" means any person, other than a party, as defined
in subdivision (g), who is not a party but who actively supports or
opposes a particular decision in a proceeding involving a license
permit or other entitlement for use, including contract actions, and
who has a financial interest in the decision. A person actively
supports or opposes a particular decision in a proceeding if he or
she lobbies in person the board members or MTA employees, testifies
in person before the MTA, or otherwise acts to influence officers of
the agency.
(g) "Party" means any person who files an application for, or is
the subject of, a proceeding involving a license, permit, or other
entitlement for use to competitively bid on contracts, including
contract amendments and change orders.
(h) "MTA" means the Los Angeles County Metropolitan Transportation
Authority.
130605. Any reference in this chapter to "chief executive officer,"
"general counsel," "counsel," "inspector general," "board secretary,"
or "secretary" is to the officers of the Los Angeles County
Metropolitan Transportation Authority appointed under Sections
130051.9 and 130051.25.
130610. (a) The board shall appoint an ethics officer, who shall
report to the board.
(b) When in doubt as to the applicability of any provision of this
chapter to any particular situation, a board member shall contact
the general counsel or the ethics officer for advice.
130615. (a) The provisions of this chapter shall be enforced by the
inspector general.
(b) Any violation of this chapter that is also a violation of
other state law or of local or federal law may also be prosecuted by
the appropriate authority.
(c) Upon notice of a possible violation of this chapter, the board
shall refer the matter to the inspector general for investigation.
Upon completion of the investigation, if the matter has been
determined not to be criminal in nature and to be of such a nature
that it may be disclosed, the inspector general shall report the
findings to the board. If the matter is determined to be criminal in
nature, the inspector general shall refer the matter to the
appropriate enforcement authorities for prosecution.
130620. (a) Sanctions for violations of this chapter shall be
determined by the board. The sanctions imposed shall depend upon the
severity of the infraction and may be progressive unless the
violation is determined to be so egregious as to warrant more severe
action initially.
(b) The board may consult with the inspector general for an
opinion regarding the sanctions appropriate to any particular
violation.
(c) Sanctions imposed under this section may include, but are not
limited to, any of the following:
(1) Private reprimand by the board.
(2) Public censure by the board at a regularly scheduled meeting.
(3) Disqualification from participating in any discussion or vote
on any matter related to the violation.
(4) Removal of the board member from one or more committees for a
period of time.
(5) Permanent removal of the board member from one or more
committees.
(6) Suspension from all board actions for a period of time.
(7) A monetary fine in an amount determined by the board.
(d) If a board member is criminally indicted, he or she shall be
suspended from all board actions for the duration of the criminal
proceeding. If the board member is acquitted of the charges, he or
she shall return to the board as a full, participating member.
(e) For violations of this chapter that result in findings of
criminal or civil liability, the board may recommend additional
sanctions to the inspector general after the civil or criminal
proceedings are completed.
130625. Confidential information, particularly investigative
reports for the inspector general, shall not be disseminated beyond
the authorized recipient of the report.
130630. The role of the board as it relates to the MTA is as
follows:
(a) The board provides counsel and direction to management and
shall not be involved in the day-to-day affairs of the MTA.
(b) Board members do not have individual power or authority over
the MTA. That power and decisionmaking authority lie with the full
board.
130635. The rules of conduct at board meetings shall apply to all
matters under consideration by the board except for ceremonial
matters and are as follows:
(a) Board members shall treat MTA staff members and each other
with respect and courtesy.
(b) Disagreements shall not result in personal comments or attacks
against an MTA staff member or another board member.
(c) When any member is recognized to speak at a board meeting, the
board member shall address the chair.
(d) When two or more members address the chair at the same time,
the chair shall name the member who is to be the first to speak.
(e) When speaking, a member shall confine his or her remarks to
the topic under debate or discussion.
(f) Each member, in the order recognized by the chair, shall have
not more than five minutes to speak.
(g) Answers to questions asked by a member shall be counted
against the member's five minutes.
(h) Once having recognized a member to speak, the chair shall not
recognize that member to be heard again, except to answer questions,
until all other board members have had an opportunity to speak.
(i) All members shall have an opportunity to speak before the
chair may enter the discussion.
(j) After all members desiring to speak have had an opportunity to
be heard once, the time for each member desiring to speak again, or
for the first time, shall be limited to a maximum of three minutes.
(k) There shall be no limit to the number of times a member is
allowed to speak.
(l) The secretary shall time the members when discussion of an
issue begins and notify the chair when a member's time has expired.
130640. (a) Members shall not publicly engage in personal attacks
on MTA employees or attempt to discipline any employee.
(b) Any concerns regarding an employee's performance shall be
communicated to the chief executive officer.
(c) Any concerns regarding the performance of an officer of the
board shall be communicated to that officer.
(d) Nothing in this section limits the right of the board to
evaluate board officers.
130650. Committee chairs shall present items from their committee
meetings and the recommendation of their committee.
130655. (a) All members shall be afforded an adequate opportunity
to review written motions having financial or policy implications
prior to the board meeting.
(b) A written motion having financial or policy implications shall
be referred to the appropriate committee for recommendation to the
full board, unless the motion is distributed to all board members not
later than 48 hours prior to the board meeting or this requirement
is waived by the vote of nine board members.
130660. (a) Board members or their staff are prohibited from
soliciting or accepting any gift from MTA contractors or from persons
or entities that have submitted a proposal or bid for an MTA
contract.
(b) Board members or their staff shall not accept gifts
aggregating two hundred eighty-nine dollars ($289) or more, as
specified in Section 89502 or 89503 of the Government Code, from a
single source in any calendar year.
(c) Board members shall disqualify themselves from participating
in a decision that may have a financial effect upon a source of
income aggregating two hundred fifty dollars ($250) or more or a
donor of gifts aggregating two hundred eighty-nine dollars ($289) or
more, if those gifts were received within 12 months preceding the
time of the decision.
(d) Board members shall not accept gifts aggregating more than ten
dollars ($10) in a calendar month from an MTA registered lobbyist,
lobbying firm, or lobbyist employer.
(e) Board members shall report on their annual Statement of
Economic Interest gifts aggregating fifty dollars ($50) or more and
income of two hundred fifty dollars ($250) or more received from a
single source in a calendar year.
130665. (a) Board members or their staff shall not accept any
payment made for a speech given, an article published, participation
in a program, or any other appearance at a public or private
conference, convention, meeting, social event, meal, or similar
gathering.
(b) This section does not prohibit payments for actual personal
services rendered in connection with a member's practice of a bona
fide business, trade, or profession.
130670. Reimbursement for travel or lodging may be exempt from the
provisions prohibiting gifts if the travel is related to MTA
business. That reimbursement, however, shall be reported in the
annual Statement of Economic Interest. The general counsel may be
consulted prior to accepting payment or reimbursement to determine
whether that reimbursement should be disqualified as a gift.
130675. Board members shall not direct any MTA employee, contractor
or potential contractor to make a charitable contribution to a
specified agency.
130680. (a) The chief executive officer shall be responsible for
ensuring the MTA has an independent professional procurement staff.
The chief executive officer and designated procurement staff shall be
responsible for conducting an independent, autonomous procurement
process in accordance with state and federal law.
(b) Board members shall use objective judgment in voting on a
procurement award and base their decision on the criteria established
in the procurement documents.
(c) Board members or their staff shall not attempt to influence
contract awards.
(d) During any procurement process, board members or their staff
shall not communicate with MTA staff regarding the procurement.
(e) Before the staff recommendation for an award is made public,
board members or their staff shall communicate only with the chief
executive officer or his or her designee regarding the procurement.
The chief executive officer shall keep a log of those communications
and shall report those communications and responses in writing at the
board meeting where action on the procurement is scheduled.
(f) Board members or their staff shall not attempt to obtain
information about the recommendation of the award of a contract until
the recommendation is made public.
(g) Board members shall not release information about the
procurement to the public until the award recommendation is made
public.
(h) If a board member attempts to communicate with MTA staff to
influence the recommended award, this communication shall be reported
by staff to the inspector general.
130685. (a) Prior to the issuance of a request for proposal (RFP),
request for interest in qualification (RFIQ), or invitation for bid
(IFB), and ending on the date of the selection of the contractor, no
person or entity submitting a proposal in response to the RFP, RFIQ,
or IFB, nor any officer, employee, representative, agent, or
consultant representing the proposer shall contact by any means or
engage in any discussion concerning the award of the contract with
any board member or his or her staff. Any contact shall be grounds
for the disqualification of the proposer.
(b) A board member who receives any communication from a proposer
in violation of this chapter shall report that communication to the
inspector general. The inspector general shall forward this
information to the director of contracts and responsible procurement
staff.
(c) Board members shall not meet with a person or entity who
submitted a proposal in response to the RFP, RFIQ, or IFB, nor any
officer, employee, representative, agent, or consultant representing
the proposer regarding a protest submitted regarding the recommended
contract award or any lawsuit or potential lawsuit regarding the
recommended contract award.
130690. Board members and their staff shall refrain from conduct
that they know or reasonably should know is likely to create in the
minds of reasonable observers the perception that the board member or
staff member used his or her public position improperly.
130700. (a) Board members or their staff shall not participate in
an MTA decision in which they know or have reason to know that they
have a financial interest.
(b) Board members shall not be purchasers at any sale, or vendors
at any purchase, that is made personally by that member.
(c) An individual is deemed to have a financial interest in a
decision if it is reasonably foreseeable that the decision will have
a material financial effect on that individual or the individual's
immediate family, distinguishable from its effect on the public
generally, or on any of the following:
(1) Any business entity in which the board member or staff member
has a direct or indirect investment worth one thousand dollars
($1,000) or more.
(2) Any real property in which the board member or staff member
has a direct or indirect interest worth one thousand dollars ($1,000)
or more.
(3) Any source of income, other than gifts and other than loans by
a commercial lending institution made in the regular course of
business in terms available to the public without regard to official
status, aggregating two hundred fifty dollars ($250) or more in value
provided to, received by, or promised to the board member or staff
member within 12 months prior to the time when the decision is made.
(4) Any business entity in which the board member or a member of
his or her staff is a director, officer, partner, trustee, or
employee, or holds any position of management.
(5) Any donor or, or any intermediary of, agent for a donor of a
gift or gifts aggregating two hundred eighty-nine dollars ($289) or
more in value provided to, received by, or promised to, the board
member or staff member within 12 months prior to the time the
decision is made.
(d) This section does not prohibit a board member from
participating in a decision if that participation is legally required
in order for the decision to be made. In that case the individual
shall disclose the nature of his or her interest before he or she
participates in the decision. For the purposes of this subdivision,
the fact that a board member's vote is necessary to break a tie does
not make his or her participation legally required.
130705. (a) Board members or their staff shall not engage in any
employment, activity, or enterprise that is inconsistent,
incompatible, or in conflict with the duties of an MTA officer.
(b) Board members or their staff shall not use the MTA's
facilities, equipment, supplies, badge, prestige, or influence for
private gain.
130710. The MTA shall not contract with any of the following:
(a) MTA board members or their staff.
(b) Any profit-making firm or business in which a former board
member or member of his or her staff is an officer, principal,
partner, or major shareholder.
130715. (a) Former board members or their staff shall not
participate in any contract with the agency for a period of 12 months
after leaving the board.
(b) MTA shall not contract with any profit-making firm or business
in which a former board member or member of his or her staff is an
officer, principal, or partner, or is a shareholder who holds more
than 10 percent of the stock in the company, for a period of 12
months after the board member has left the board.
130720. (a) Board members shall file Statements of Economic
Interest with the ethics officer pursuant to state law, within 30
days of assuming office, annually, and within 30 days of leaving
office.
(b) Board members shall file an addendum to the statement required
under subdivision (a), disclosing all financial interests both
within and outside Los Angeles County, including those financial
interests received during the reporting period by all entities in
which the member is an officer, principal, partner, or major
shareholder.
(c) Any amendments to the Statement of Economic Interest or
addendum shall be filed within 30 days of the occurrence of the
change.
130725. Any person who receives compensation to regularly provide
advice, recommendations, or counsel to board members regarding MTA
activities shall file a Statement of Economic Interest with the MTA
within 10 days of the commencement of the consultant relationship and
shall update that statement within 30 days of the end of each
calendar quarter. This requirement does not apply to a full time
employee of a governmental entity who is already required to file a
statement.
130730. Any person who regularly provides advice, recommendations,
or counsel to board members regarding MTA activities and also advises
another agency or entity that has a financial interest in an item
before the board shall be prohibited from giving advice to board
members and MTA staff regarding that item.
130600. For purposes of this chapter, the following terms have the
following meanings:
(a) "Board" means the board of directors of the Los Angeles County
Metropolitan Transportation Authority.
(c) "Entitlement for use" includes all contracts except
competitively bid, labor, or personal employment contracts,
regardless of whether an individual accepts, solicits, or directs the
contribution for himself or herself or on behalf of any other
candidate or committee.
(d) "Gift" has the same meaning as defined in Section 82028 of the
Government Code.
(e) "Indirect investment or interest" means any investment or
interest owned by the spouse or dependent children of an individual,
by an agent on behalf of the individual, or by a business entity or
trust in which the individual, the individual's agents, spouse, or
dependent children own directly, indirectly or beneficially a 10
percent interest or greater.
(f) "Participant" means any person, other than a party, as defined
in subdivision (g), who is not a party but who actively supports or
opposes a particular decision in a proceeding involving a license
permit or other entitlement for use, including contract actions, and
who has a financial interest in the decision. A person actively
supports or opposes a particular decision in a proceeding if he or
she lobbies in person the board members or MTA employees, testifies
in person before the MTA, or otherwise acts to influence officers of
the agency.
(g) "Party" means any person who files an application for, or is
the subject of, a proceeding involving a license, permit, or other
entitlement for use to competitively bid on contracts, including
contract amendments and change orders.
(h) "MTA" means the Los Angeles County Metropolitan Transportation
Authority.
130605. Any reference in this chapter to "chief executive officer,"
"general counsel," "counsel," "inspector general," "board secretary,"
or "secretary" is to the officers of the Los Angeles County
Metropolitan Transportation Authority appointed under Sections
130051.9 and 130051.25.
130610. (a) The board shall appoint an ethics officer, who shall
report to the board.
(b) When in doubt as to the applicability of any provision of this
chapter to any particular situation, a board member shall contact
the general counsel or the ethics officer for advice.
130615. (a) The provisions of this chapter shall be enforced by the
inspector general.
(b) Any violation of this chapter that is also a violation of
other state law or of local or federal law may also be prosecuted by
the appropriate authority.
(c) Upon notice of a possible violation of this chapter, the board
shall refer the matter to the inspector general for investigation.
Upon completion of the investigation, if the matter has been
determined not to be criminal in nature and to be of such a nature
that it may be disclosed, the inspector general shall report the
findings to the board. If the matter is determined to be criminal in
nature, the inspector general shall refer the matter to the
appropriate enforcement authorities for prosecution.
130620. (a) Sanctions for violations of this chapter shall be
determined by the board. The sanctions imposed shall depend upon the
severity of the infraction and may be progressive unless the
violation is determined to be so egregious as to warrant more severe
action initially.
(b) The board may consult with the inspector general for an
opinion regarding the sanctions appropriate to any particular
violation.
(c) Sanctions imposed under this section may include, but are not
limited to, any of the following:
(1) Private reprimand by the board.
(2) Public censure by the board at a regularly scheduled meeting.
(3) Disqualification from participating in any discussion or vote
on any matter related to the violation.
(4) Removal of the board member from one or more committees for a
period of time.
(5) Permanent removal of the board member from one or more
committees.
(6) Suspension from all board actions for a period of time.
(7) A monetary fine in an amount determined by the board.
(d) If a board member is criminally indicted, he or she shall be
suspended from all board actions for the duration of the criminal
proceeding. If the board member is acquitted of the charges, he or
she shall return to the board as a full, participating member.
(e) For violations of this chapter that result in findings of
criminal or civil liability, the board may recommend additional
sanctions to the inspector general after the civil or criminal
proceedings are completed.
130625. Confidential information, particularly investigative
reports for the inspector general, shall not be disseminated beyond
the authorized recipient of the report.
130630. The role of the board as it relates to the MTA is as
follows:
(a) The board provides counsel and direction to management and
shall not be involved in the day-to-day affairs of the MTA.
(b) Board members do not have individual power or authority over
the MTA. That power and decisionmaking authority lie with the full
board.
130635. The rules of conduct at board meetings shall apply to all
matters under consideration by the board except for ceremonial
matters and are as follows:
(a) Board members shall treat MTA staff members and each other
with respect and courtesy.
(b) Disagreements shall not result in personal comments or attacks
against an MTA staff member or another board member.
(c) When any member is recognized to speak at a board meeting, the
board member shall address the chair.
(d) When two or more members address the chair at the same time,
the chair shall name the member who is to be the first to speak.
(e) When speaking, a member shall confine his or her remarks to
the topic under debate or discussion.
(f) Each member, in the order recognized by the chair, shall have
not more than five minutes to speak.
(g) Answers to questions asked by a member shall be counted
against the member's five minutes.
(h) Once having recognized a member to speak, the chair shall not
recognize that member to be heard again, except to answer questions,
until all other board members have had an opportunity to speak.
(i) All members shall have an opportunity to speak before the
chair may enter the discussion.
(j) After all members desiring to speak have had an opportunity to
be heard once, the time for each member desiring to speak again, or
for the first time, shall be limited to a maximum of three minutes.
(k) There shall be no limit to the number of times a member is
allowed to speak.
(l) The secretary shall time the members when discussion of an
issue begins and notify the chair when a member's time has expired.
130640. (a) Members shall not publicly engage in personal attacks
on MTA employees or attempt to discipline any employee.
(b) Any concerns regarding an employee's performance shall be
communicated to the chief executive officer.
(c) Any concerns regarding the performance of an officer of the
board shall be communicated to that officer.
(d) Nothing in this section limits the right of the board to
evaluate board officers.
130650. Committee chairs shall present items from their committee
meetings and the recommendation of their committee.
130655. (a) All members shall be afforded an adequate opportunity
to review written motions having financial or policy implications
prior to the board meeting.
(b) A written motion having financial or policy implications shall
be referred to the appropriate committee for recommendation to the
full board, unless the motion is distributed to all board members not
later than 48 hours prior to the board meeting or this requirement
is waived by the vote of nine board members.
130660. (a) Board members or their staff are prohibited from
soliciting or accepting any gift from MTA contractors or from persons
or entities that have submitted a proposal or bid for an MTA
contract.
(b) Board members or their staff shall not accept gifts
aggregating two hundred eighty-nine dollars ($289) or more, as
specified in Section 89502 or 89503 of the Government Code, from a
single source in any calendar year.
(c) Board members shall disqualify themselves from participating
in a decision that may have a financial effect upon a source of
income aggregating two hundred fifty dollars ($250) or more or a
donor of gifts aggregating two hundred eighty-nine dollars ($289) or
more, if those gifts were received within 12 months preceding the
time of the decision.
(d) Board members shall not accept gifts aggregating more than ten
dollars ($10) in a calendar month from an MTA registered lobbyist,
lobbying firm, or lobbyist employer.
(e) Board members shall report on their annual Statement of
Economic Interest gifts aggregating fifty dollars ($50) or more and
income of two hundred fifty dollars ($250) or more received from a
single source in a calendar year.
130665. (a) Board members or their staff shall not accept any
payment made for a speech given, an article published, participation
in a program, or any other appearance at a public or private
conference, convention, meeting, social event, meal, or similar
gathering.
(b) This section does not prohibit payments for actual personal
services rendered in connection with a member's practice of a bona
fide business, trade, or profession.
130670. Reimbursement for travel or lodging may be exempt from the
provisions prohibiting gifts if the travel is related to MTA
business. That reimbursement, however, shall be reported in the
annual Statement of Economic Interest. The general counsel may be
consulted prior to accepting payment or reimbursement to determine
whether that reimbursement should be disqualified as a gift.
130675. Board members shall not direct any MTA employee, contractor
or potential contractor to make a charitable contribution to a
specified agency.
130680. (a) The chief executive officer shall be responsible for
ensuring the MTA has an independent professional procurement staff.
The chief executive officer and designated procurement staff shall be
responsible for conducting an independent, autonomous procurement
process in accordance with state and federal law.
(b) Board members shall use objective judgment in voting on a
procurement award and base their decision on the criteria established
in the procurement documents.
(c) Board members or their staff shall not attempt to influence
contract awards.
(d) During any procurement process, board members or their staff
shall not communicate with MTA staff regarding the procurement.
(e) Before the staff recommendation for an award is made public,
board members or their staff shall communicate only with the chief
executive officer or his or her designee regarding the procurement.
The chief executive officer shall keep a log of those communications
and shall report those communications and responses in writing at the
board meeting where action on the procurement is scheduled.
(f) Board members or their staff shall not attempt to obtain
information about the recommendation of the award of a contract until
the recommendation is made public.
(g) Board members shall not release information about the
procurement to the public until the award recommendation is made
public.
(h) If a board member attempts to communicate with MTA staff to
influence the recommended award, this communication shall be reported
by staff to the inspector general.
130685. (a) Prior to the issuance of a request for proposal (RFP),
request for interest in qualification (RFIQ), or invitation for bid
(IFB), and ending on the date of the selection of the contractor, no
person or entity submitting a proposal in response to the RFP, RFIQ,
or IFB, nor any officer, employee, representative, agent, or
consultant representing the proposer shall contact by any means or
engage in any discussion concerning the award of the contract with
any board member or his or her staff. Any contact shall be grounds
for the disqualification of the proposer.
(b) A board member who receives any communication from a proposer
in violation of this chapter shall report that communication to the
inspector general. The inspector general shall forward this
information to the director of contracts and responsible procurement
staff.
(c) Board members shall not meet with a person or entity who
submitted a proposal in response to the RFP, RFIQ, or IFB, nor any
officer, employee, representative, agent, or consultant representing
the proposer regarding a protest submitted regarding the recommended
contract award or any lawsuit or potential lawsuit regarding the
recommended contract award.
130690. Board members and their staff shall refrain from conduct
that they know or reasonably should know is likely to create in the
minds of reasonable observers the perception that the board member or
staff member used his or her public position improperly.
130700. (a) Board members or their staff shall not participate in
an MTA decision in which they know or have reason to know that they
have a financial interest.
(b) Board members shall not be purchasers at any sale, or vendors
at any purchase, that is made personally by that member.
(c) An individual is deemed to have a financial interest in a
decision if it is reasonably foreseeable that the decision will have
a material financial effect on that individual or the individual's
immediate family, distinguishable from its effect on the public
generally, or on any of the following:
(1) Any business entity in which the board member or staff member
has a direct or indirect investment worth one thousand dollars
($1,000) or more.
(2) Any real property in which the board member or staff member
has a direct or indirect interest worth one thousand dollars ($1,000)
or more.
(3) Any source of income, other than gifts and other than loans by
a commercial lending institution made in the regular course of
business in terms available to the public without regard to official
status, aggregating two hundred fifty dollars ($250) or more in value
provided to, received by, or promised to the board member or staff
member within 12 months prior to the time when the decision is made.
(4) Any business entity in which the board member or a member of
his or her staff is a director, officer, partner, trustee, or
employee, or holds any position of management.
(5) Any donor or, or any intermediary of, agent for a donor of a
gift or gifts aggregating two hundred eighty-nine dollars ($289) or
more in value provided to, received by, or promised to, the board
member or staff member within 12 months prior to the time the
decision is made.
(d) This section does not prohibit a board member from
participating in a decision if that participation is legally required
in order for the decision to be made. In that case the individual
shall disclose the nature of his or her interest before he or she
participates in the decision. For the purposes of this subdivision,
the fact that a board member's vote is necessary to break a tie does
not make his or her participation legally required.
130705. (a) Board members or their staff shall not engage in any
employment, activity, or enterprise that is inconsistent,
incompatible, or in conflict with the duties of an MTA officer.
(b) Board members or their staff shall not use the MTA's
facilities, equipment, supplies, badge, prestige, or influence for
private gain.
130710. The MTA shall not contract with any of the following:
(a) MTA board members or their staff.
(b) Any profit-making firm or business in which a former board
member or member of his or her staff is an officer, principal,
partner, or major shareholder.
130715. (a) Former board members or their staff shall not
participate in any contract with the agency for a period of 12 months
after leaving the board.
(b) MTA shall not contract with any profit-making firm or business
in which a former board member or member of his or her staff is an
officer, principal, or partner, or is a shareholder who holds more
than 10 percent of the stock in the company, for a period of 12
months after the board member has left the board.
130720. (a) Board members shall file Statements of Economic
Interest with the ethics officer pursuant to state law, within 30
days of assuming office, annually, and within 30 days of leaving
office.
(b) Board members shall file an addendum to the statement required
under subdivision (a), disclosing all financial interests both
within and outside Los Angeles County, including those financial
interests received during the reporting period by all entities in
which the member is an officer, principal, partner, or major
shareholder.
(c) Any amendments to the Statement of Economic Interest or
addendum shall be filed within 30 days of the occurrence of the
change.
130725. Any person who receives compensation to regularly provide
advice, recommendations, or counsel to board members regarding MTA
activities shall file a Statement of Economic Interest with the MTA
within 10 days of the commencement of the consultant relationship and
shall update that statement within 30 days of the end of each
calendar quarter. This requirement does not apply to a full time
employee of a governmental entity who is already required to file a
statement.
130730. Any person who regularly provides advice, recommendations,
or counsel to board members regarding MTA activities and also advises
another agency or entity that has a financial interest in an item
before the board shall be prohibited from giving advice to board
members and MTA staff regarding that item.
130600. For purposes of this chapter, the following terms have the
following meanings:
(a) "Board" means the board of directors of the Los Angeles County
Metropolitan Transportation Authority.
(c) "Entitlement for use" includes all contracts except
competitively bid, labor, or personal employment contracts,
regardless of whether an individual accepts, solicits, or directs the
contribution for himself or herself or on behalf of any other
candidate or committee.
(d) "Gift" has the same meaning as defined in Section 82028 of the
Government Code.
(e) "Indirect investment or interest" means any investment or
interest owned by the spouse or dependent children of an individual,
by an agent on behalf of the individual, or by a business entity or
trust in which the individual, the individual's agents, spouse, or
dependent children own directly, indirectly or beneficially a 10
percent interest or greater.
(f) "Participant" means any person, other than a party, as defined
in subdivision (g), who is not a party but who actively supports or
opposes a particular decision in a proceeding involving a license
permit or other entitlement for use, including contract actions, and
who has a financial interest in the decision. A person actively
supports or opposes a particular decision in a proceeding if he or
she lobbies in person the board members or MTA employees, testifies
in person before the MTA, or otherwise acts to influence officers of
the agency.
(g) "Party" means any person who files an application for, or is
the subject of, a proceeding involving a license, permit, or other
entitlement for use to competitively bid on contracts, including
contract amendments and change orders.
(h) "MTA" means the Los Angeles County Metropolitan Transportation
Authority.
130605. Any reference in this chapter to "chief executive officer,"
"general counsel," "counsel," "inspector general," "board secretary,"
or "secretary" is to the officers of the Los Angeles County
Metropolitan Transportation Authority appointed under Sections
130051.9 and 130051.25.
130610. (a) The board shall appoint an ethics officer, who shall
report to the board.
(b) When in doubt as to the applicability of any provision of this
chapter to any particular situation, a board member shall contact
the general counsel or the ethics officer for advice.
130615. (a) The provisions of this chapter shall be enforced by the
inspector general.
(b) Any violation of this chapter that is also a violation of
other state law or of local or federal law may also be prosecuted by
the appropriate authority.
(c) Upon notice of a possible violation of this chapter, the board
shall refer the matter to the inspector general for investigation.
Upon completion of the investigation, if the matter has been
determined not to be criminal in nature and to be of such a nature
that it may be disclosed, the inspector general shall report the
findings to the board. If the matter is determined to be criminal in
nature, the inspector general shall refer the matter to the
appropriate enforcement authorities for prosecution.
130620. (a) Sanctions for violations of this chapter shall be
determined by the board. The sanctions imposed shall depend upon the
severity of the infraction and may be progressive unless the
violation is determined to be so egregious as to warrant more severe
action initially.
(b) The board may consult with the inspector general for an
opinion regarding the sanctions appropriate to any particular
violation.
(c) Sanctions imposed under this section may include, but are not
limited to, any of the following:
(1) Private reprimand by the board.
(2) Public censure by the board at a regularly scheduled meeting.
(3) Disqualification from participating in any discussion or vote
on any matter related to the violation.
(4) Removal of the board member from one or more committees for a
period of time.
(5) Permanent removal of the board member from one or more
committees.
(6) Suspension from all board actions for a period of time.
(7) A monetary fine in an amount determined by the board.
(d) If a board member is criminally indicted, he or she shall be
suspended from all board actions for the duration of the criminal
proceeding. If the board member is acquitted of the charges, he or
she shall return to the board as a full, participating member.
(e) For violations of this chapter that result in findings of
criminal or civil liability, the board may recommend additional
sanctions to the inspector general after the civil or criminal
proceedings are completed.
130625. Confidential information, particularly investigative
reports for the inspector general, shall not be disseminated beyond
the authorized recipient of the report.
130630. The role of the board as it relates to the MTA is as
follows:
(a) The board provides counsel and direction to management and
shall not be involved in the day-to-day affairs of the MTA.
(b) Board members do not have individual power or authority over
the MTA. That power and decisionmaking authority lie with the full
board.
130635. The rules of conduct at board meetings shall apply to all
matters under consideration by the board except for ceremonial
matters and are as follows:
(a) Board members shall treat MTA staff members and each other
with respect and courtesy.
(b) Disagreements shall not result in personal comments or attacks
against an MTA staff member or another board member.
(c) When any member is recognized to speak at a board meeting, the
board member shall address the chair.
(d) When two or more members address the chair at the same time,
the chair shall name the member who is to be the first to speak.
(e) When speaking, a member shall confine his or her remarks to
the topic under debate or discussion.
(f) Each member, in the order recognized by the chair, shall have
not more than five minutes to speak.
(g) Answers to questions asked by a member shall be counted
against the member's five minutes.
(h) Once having recognized a member to speak, the chair shall not
recognize that member to be heard again, except to answer questions,
until all other board members have had an opportunity to speak.
(i) All members shall have an opportunity to speak before the
chair may enter the discussion.
(j) After all members desiring to speak have had an opportunity to
be heard once, the time for each member desiring to speak again, or
for the first time, shall be limited to a maximum of three minutes.
(k) There shall be no limit to the number of times a member is
allowed to speak.
(l) The secretary shall time the members when discussion of an
issue begins and notify the chair when a member's time has expired.
130640. (a) Members shall not publicly engage in personal attacks
on MTA employees or attempt to discipline any employee.
(b) Any concerns regarding an employee's performance shall be
communicated to the chief executive officer.
(c) Any concerns regarding the performance of an officer of the
board shall be communicated to that officer.
(d) Nothing in this section limits the right of the board to
evaluate board officers.
130650. Committee chairs shall present items from their committee
meetings and the recommendation of their committee.
130655. (a) All members shall be afforded an adequate opportunity
to review written motions having financial or policy implications
prior to the board meeting.
(b) A written motion having financial or policy implications shall
be referred to the appropriate committee for recommendation to the
full board, unless the motion is distributed to all board members not
later than 48 hours prior to the board meeting or this requirement
is waived by the vote of nine board members.
130660. (a) Board members or their staff are prohibited from
soliciting or accepting any gift from MTA contractors or from persons
or entities that have submitted a proposal or bid for an MTA
contract.
(b) Board members or their staff shall not accept gifts
aggregating two hundred eighty-nine dollars ($289) or more, as
specified in Section 89502 or 89503 of the Government Code, from a
single source in any calendar year.
(c) Board members shall disqualify themselves from participating
in a decision that may have a financial effect upon a source of
income aggregating two hundred fifty dollars ($250) or more or a
donor of gifts aggregating two hundred eighty-nine dollars ($289) or
more, if those gifts were received within 12 months preceding the
time of the decision.
(d) Board members shall not accept gifts aggregating more than ten
dollars ($10) in a calendar month from an MTA registered lobbyist,
lobbying firm, or lobbyist employer.
(e) Board members shall report on their annual Statement of
Economic Interest gifts aggregating fifty dollars ($50) or more and
income of two hundred fifty dollars ($250) or more received from a
single source in a calendar year.
130665. (a) Board members or their staff shall not accept any
payment made for a speech given, an article published, participation
in a program, or any other appearance at a public or private
conference, convention, meeting, social event, meal, or similar
gathering.
(b) This section does not prohibit payments for actual personal
services rendered in connection with a member's practice of a bona
fide business, trade, or profession.
130670. Reimbursement for travel or lodging may be exempt from the
provisions prohibiting gifts if the travel is related to MTA
business. That reimbursement, however, shall be reported in the
annual Statement of Economic Interest. The general counsel may be
consulted prior to accepting payment or reimbursement to determine
whether that reimbursement should be disqualified as a gift.
130675. Board members shall not direct any MTA employee, contractor
or potential contractor to make a charitable contribution to a
specified agency.
130680. (a) The chief executive officer shall be responsible for
ensuring the MTA has an independent professional procurement staff.
The chief executive officer and designated procurement staff shall be
responsible for conducting an independent, autonomous procurement
process in accordance with state and federal law.
(b) Board members shall use objective judgment in voting on a
procurement award and base their decision on the criteria established
in the procurement documents.
(c) Board members or their staff shall not attempt to influence
contract awards.
(d) During any procurement process, board members or their staff
shall not communicate with MTA staff regarding the procurement.
(e) Before the staff recommendation for an award is made public,
board members or their staff shall communicate only with the chief
executive officer or his or her designee regarding the procurement.
The chief executive officer shall keep a log of those communications
and shall report those communications and responses in writing at the
board meeting where action on the procurement is scheduled.
(f) Board members or their staff shall not attempt to obtain
information about the recommendation of the award of a contract until
the recommendation is made public.
(g) Board members shall not release information about the
procurement to the public until the award recommendation is made
public.
(h) If a board member attempts to communicate with MTA staff to
influence the recommended award, this communication shall be reported
by staff to the inspector general.
130685. (a) Prior to the issuance of a request for proposal (RFP),
request for interest in qualification (RFIQ), or invitation for bid
(IFB), and ending on the date of the selection of the contractor, no
person or entity submitting a proposal in response to the RFP, RFIQ,
or IFB, nor any officer, employee, representative, agent, or
consultant representing the proposer shall contact by any means or
engage in any discussion concerning the award of the contract with
any board member or his or her staff. Any contact shall be grounds
for the disqualification of the proposer.
(b) A board member who receives any communication from a proposer
in violation of this chapter shall report that communication to the
inspector general. The inspector general shall forward this
information to the director of contracts and responsible procurement
staff.
(c) Board members shall not meet with a person or entity who
submitted a proposal in response to the RFP, RFIQ, or IFB, nor any
officer, employee, representative, agent, or consultant representing
the proposer regarding a protest submitted regarding the recommended
contract award or any lawsuit or potential lawsuit regarding the
recommended contract award.
130690. Board members and their staff shall refrain from conduct
that they know or reasonably should know is likely to create in the
minds of reasonable observers the perception that the board member or
staff member used his or her public position improperly.
130700. (a) Board members or their staff shall not participate in
an MTA decision in which they know or have reason to know that they
have a financial interest.
(b) Board members shall not be purchasers at any sale, or vendors
at any purchase, that is made personally by that member.
(c) An individual is deemed to have a financial interest in a
decision if it is reasonably foreseeable that the decision will have
a material financial effect on that individual or the individual's
immediate family, distinguishable from its effect on the public
generally, or on any of the following:
(1) Any business entity in which the board member or staff member
has a direct or indirect investment worth one thousand dollars
($1,000) or more.
(2) Any real property in which the board member or staff member
has a direct or indirect interest worth one thousand dollars ($1,000)
or more.
(3) Any source of income, other than gifts and other than loans by
a commercial lending institution made in the regular course of
business in terms available to the public without regard to official
status, aggregating two hundred fifty dollars ($250) or more in value
provided to, received by, or promised to the board member or staff
member within 12 months prior to the time when the decision is made.
(4) Any business entity in which the board member or a member of
his or her staff is a director, officer, partner, trustee, or
employee, or holds any position of management.
(5) Any donor or, or any intermediary of, agent for a donor of a
gift or gifts aggregating two hundred eighty-nine dollars ($289) or
more in value provided to, received by, or promised to, the board
member or staff member within 12 months prior to the time the
decision is made.
(d) This section does not prohibit a board member from
participating in a decision if that participation is legally required
in order for the decision to be made. In that case the individual
shall disclose the nature of his or her interest before he or she
participates in the decision. For the purposes of this subdivision,
the fact that a board member's vote is necessary to break a tie does
not make his or her participation legally required.
130705. (a) Board members or their staff shall not engage in any
employment, activity, or enterprise that is inconsistent,
incompatible, or in conflict with the duties of an MTA officer.
(b) Board members or their staff shall not use the MTA's
facilities, equipment, supplies, badge, prestige, or influence for
private gain.
130710. The MTA shall not contract with any of the following:
(a) MTA board members or their staff.
(b) Any profit-making firm or business in which a former board
member or member of his or her staff is an officer, principal,
partner, or major shareholder.
130715. (a) Former board members or their staff shall not
participate in any contract with the agency for a period of 12 months
after leaving the board.
(b) MTA shall not contract with any profit-making firm or business
in which a former board member or member of his or her staff is an
officer, principal, or partner, or is a shareholder who holds more
than 10 percent of the stock in the company, for a period of 12
months after the board member has left the board.
130720. (a) Board members shall file Statements of Economic
Interest with the ethics officer pursuant to state law, within 30
days of assuming office, annually, and within 30 days of leaving
office.
(b) Board members shall file an addendum to the statement required
under subdivision (a), disclosing all financial interests both
within and outside Los Angeles County, including those financial
interests received during the reporting period by all entities in
which the member is an officer, principal, partner, or major
shareholder.
(c) Any amendments to the Statement of Economic Interest or
addendum shall be filed within 30 days of the occurrence of the
change.
130725. Any person who receives compensation to regularly provide
advice, recommendations, or counsel to board members regarding MTA
activities shall file a Statement of Economic Interest with the MTA
within 10 days of the commencement of the consultant relationship and
shall update that statement within 30 days of the end of each
calendar quarter. This requirement does not apply to a full time
employee of a governmental entity who is already required to file a
statement.
130730. Any person who regularly provides advice, recommendations,
or counsel to board members regarding MTA activities and also advises
another agency or entity that has a financial interest in an item
before the board shall be prohibited from giving advice to board
members and MTA staff regarding that item.
