Chapter 6 - Code of Conduct for the Board of the Los Angeles County Metropolitan Transportation Authority

California Public Utilities Code — §§ 130600-130730

Sections (23)

§ 130600

Amended by Stats. 2024, Ch. 755, Sec. 6. (AB 3123) Effective January 1, 2025.

For purposes of this chapter, the following definitions apply:

(a)“Board” means the board of directors of the Los Angeles County Metropolitan Transportation Authority.

(b)“Board staff” or “staff” has the same meaning as the term “board staff,” as defined in MTA’s administrative code.

(c)“Gift” has the same meaning as defined in Section 82028 of the Government Code.

(d)“Lobbyist,” “lobbyist employer,” and “lobbying firm,” have the same meanings as defined in Section 130051.18.

(e)“MTA” means the Los Angeles County Metropolitan Transportation Authority.

(f)“MTA contractor” has the same meaning as defined in MTA’s administrative code.

(g)“MTA employee” has the same meaning as defined in MTA’s administrative code.

(h)“MTA proposer” has the same meaning as defined in MTA’s administrative code.

§ 130605

Amended by Stats. 2024, Ch. 755, Sec. 7. (AB 3123) Effective January 1, 2025.

Any reference in this chapter to “chief executive officer,” “general counsel,” “counsel,” “inspector general,” “ethics officer,” “board secretary,” or “secretary” is to the officers of the Los Angeles County Metropolitan Transportation Authority appointed under Sections 130051.9, 130051.28, and 130610.

§ 130607

Added by Stats. 2024, Ch. 755, Sec. 8. (AB 3123) Effective January 1, 2025.

(a)This chapter, in addition to rules or codes adopted by the board, shall be the code of conduct for the board of the Los Angeles County Metropolitan Transportation Authority.

(b)In addition to any other ethics laws applicable to other public officials, members of the board are also subject to the rules and codes described in subdivision (a).

§ 130610

Amended by Stats. 2024, Ch. 755, Sec. 9. (AB 3123) Effective January 1, 2025.

(a)The board shall appoint an ethics officer, who shall report to the board and operate in an independent manner.

(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.

(c)(1) The ethics officer shall interpret relevant authorities and provide advice to the board and MTA relating to codes of conduct, lobbying, governmental ethics, campaign finance, fair procurement practices, and conflicts of interest.

(2)Any advice provided by the ethics officer shall be confidential and entitled to all applicable privileges.

(d)The ethics officer shall propose amendments to codes of conduct that apply to the board, MTA employees, and MTA contractors, when appropriate. The proposed amendments are subject to approval by the board.

(e)(1) The inspector general shall receive any allegation of a violation of this chapter, or other ethics-related rules or laws that apply to the board and MTA.

(2)The inspector general may confer with the ethics officer on any potential violations described in paragraph (1) that may be a violation of this chapter, or other ethics-related rules or laws that apply to the

board and MTA.

(3)The ethics officer may make recommendations regarding a potential violation described in paragraph (1) for consideration by the inspector general.

(f)The ethics officer shall be removed from office only if either or both of the following occur:

(1)A two-thirds majority of the members of the board votes for removal.

(2)The ethics officer violates a federal or state law or regulation, a local ordinance, or a policy or practice of the authority, relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions.

§ 130615

Amended by Stats. 2024, Ch. 755, Sec. 10. (AB 3123) Effective January 1, 2025.

(a)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.

(d)A board member or their staff shall not use or threaten to use any official action or authority against, or attempt to interfere with, any person acting in good faith to report or otherwise provide information to MTA regarding any activity that may be a violation of this chapter.

§ 130620

Amended by Stats. 2024, Ch. 755, Sec. 11. (AB 3123) Effective January 1, 2025.

(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 or the ethics officer for an opinion regarding the sanctions appropriate to any particular violation, provided that a release of confidential information is not required.

(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, the board member shall be suspended from all board actions for the duration of the criminal proceeding. If the board member is acquitted of the charges, the board member 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

Amended by Stats. 2024, Ch. 755, Sec. 12. (AB 3123) Effective January 1, 2025.

(a)Confidential information, particularly investigative reports for the inspector general and procurement information, shall not be disclosed beyond the authorized recipient of the report or information.

(b)For purposes of this section, “confidential information” means information that is not subject to disclosure under applicable state law or MTA’s administrative code, or that is otherwise identified as confidential by MTA.

§ 130630

Amended by Stats. 2005, Ch. 22, Sec. 175. Effective January 1, 2006.

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

Amended by Stats. 2024, Ch. 755, Sec. 13. (AB 3123) Effective January 1, 2025.

The rules of conduct at board meetings shall be governed by the board’s adopted rules and procedures. Board members shall treat MTA employees and colleagues on the board with respect and courtesy.

§ 130640

Amended by Stats. 2024, Ch. 755, Sec. 14. (AB 3123) Effective January 1, 2025.

(a)Board members shall not 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)This section does not limit the right of the board to evaluate board officers.

§ 130650

Added by Stats. 1997, Ch. 900, Sec. 8. Effective January 1, 1998.

Committee chairs shall present items from their committee meetings and the recommendation of their committee.

§ 130655

Amended by Stats. 2024, Ch. 755, Sec. 15. (AB 3123) Effective January 1, 2025.

(a)All board members shall be afforded an adequate opportunity to review written motions having financial or policy implications before 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 before the board meeting or this requirement is waived by the vote of nine board members.

§ 130660

Amended by Stats. 2024, Ch. 755, Sec. 16. (AB 3123) Effective January 1, 2025.

(a)Board members or their staff are prohibited from soliciting or accepting any gift from a person or entity, including the person’s or entity’s lobbyists, that has submitted a proposal or bid for an MTA contract award during the period beginning on the date that the proposal or bid is submitted and ending 12 months after the final decision on the contract award.

(b)Board members and their staff shall exercise caution in accepting any gift

from a person or entity that is considering submitting a proposal or bid for an MTA contract award.

(c)Board members shall not accept gifts aggregating more than ten dollars ($10) in a calendar month from a current MTA contractor, registered lobbyist, lobbying firm, or lobbyist employer.

§ 130670

Repealed and added by Stats. 2024, Ch. 755, Sec. 19. (AB 3123) Effective January 1, 2025.

The payment for, and reimbursement of, board travel shall be governed by applicable state law and MTA’s administrative code.

§ 130675

Amended by Stats. 2024, Ch. 755, Sec. 20. (AB 3123) Effective January 1, 2025.

(a)Board members shall not direct or request that any MTA employee, contractor, or proposer make a charitable contribution.

(b)(1) This section does not prohibit a board member from making a solicitation or request for a charitable contribution if a payment that is made in response to the solicitation or request by the board member would not be considered a behested payment, pursuant to subdivision (c) of Section 82004.5 of the Government Code and related regulations adopted by the Fair Political Practices Commission, if the payment was made at the behest of an elected officer.

(2)This section does not prohibit a board member from making a solicitation or request for a charitable contribution, including a solicitation or request by the board member that results in a reportable behested payment, if the solicitation or request is made to a person other than one identified in subdivision (a).

§ 130680

Amended by Stats. 2024, Ch. 755, Sec. 21. (AB 3123) Effective January 1, 2025.

(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 unless authorized by this chapter, MTA’s administrative code, or MTA procurement policies.

(e)Before the staff recommendation for an award is made public, board members or their staff may communicate with the chief executive officer or the designee of the chief executive officer regarding the procurement, subject to limitations in this chapter, MTA’s administrative code, and MTA procurement policies. Board members and their staff may also communicate with the ethics officer for advice on compliance with this section.

(f)Board members or their staff shall not attempt to obtain or release information about the recommendation of the award of a contract until the recommendation is made public.

§ 130685

Amended by Stats. 2024, Ch. 755, Sec. 22. (AB 3123) Effective January 1, 2025.

(a)Commencing with 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 publicly released, recommended selection of the contractor, a person or entity submitting a proposal in response to the RFP, RFIQ, or IFB, or any officer, employee, representative, agent, or consultant representing the proposer or bidder, shall not contact by any means or engage in any discussion concerning the award of the contract with any board member or their staff. Any contact shall be grounds for the disqualification of the proposer or bidder.

(b)A board member who receives

any communication from a proposer or bidder in violation of this chapter shall report that communication to the inspector general.

(c)During the period identified in this section, board members shall not communicate with a proposer or bidder or with any officer, employee, representative, or agent of the proposer or bidder regarding a contract award, protest, or any lawsuit or potential lawsuit regarding the contract award.

§ 130705

Amended by Stats. 2024, Ch. 755, Sec. 25. (AB 3123) Effective January 1, 2025.

(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 personal gain.

(c)Board members and their staff shall refrain from conduct

that is likely to create in the minds of reasonable observers the perception that the board member or staff member used their public position improperly.

(d)Board members or their staff shall not make, participate in, or attempt to influence any decision if they are incapable of providing fair treatment to a matter before the board due to bias, prejudice, or because they have prejudged a matter.

§ 130710

Amended by Stats. 2024, Ch. 755, Sec. 26. (AB 3123) Effective January 1, 2025.

The MTA shall not contract with any of the following:

(a)Board members or their staff.

(b)Any profit-making firm or business in which a board member or member of their staff is an officer, principal, partner, or shareholder who owns more than 10 percent of the firm or business.

§ 130715

Amended by Stats. 2024, Ch. 755, Sec. 27. (AB 3123) Effective January 1, 2025.

(a)Former board members or their staff shall not participate in any contract with MTA for a period of 12 months after leaving the board.

(b)For a period of 12 months after the board member has left the board, MTA shall not contract with any profit-making firm or business in which the former board member or member of their staff is an officer, principal, partner, or shareholder who owns more than 10 percent of the firm or business.

§ 130720

Amended by Stats. 2024, Ch. 755, Sec. 28. (AB 3123) Effective January 1, 2025.

(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)Any amendments to the Statement of Economic Interest shall be filed within 30 days of the occurrence of the change.

§ 130725

Amended by Stats. 2024, Ch. 755, Sec. 29. (AB 3123) Effective January 1, 2025.

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 30 days of the commencement of the consultant relationship. This requirement does not apply to a full-time employee of a governmental entity who is already required to file Statements of Economic Interests with their employing agency.

§ 130730

Amended by Stats. 2024, Ch. 755, Sec. 30. (AB 3123) Effective January 1, 2025.

(a)Any person who provides advice, recommendations, or counsel to board members regarding MTA activities and also advises another public or private 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.

(b)This section shall not prohibit an employee of a public agency from providing advice or recommendations to a board member if the item affects their agency generally and does not involve any direct benefit to the public employee.