On Local Government – Councilmember recusals
by Bob Pinzler
Councilmembers may be faced with situations where they have a personal or financial interest in matters brought before them. In these cases, it is important for council members to recuse themselves from making a decision on the matter.
But what constitutes a conflict? Some people in Redondo Beach believe Redondo Beach Councilman Nils Nehrenheim, who works part time as a LA County lifeguard, should not be involved in decisions regarding whether or not Redondo should contract with Los Angeles County for fire and paramedics services. Lifeguards are members of the fire department.
Would these same people say that councilmembers involved in real estate should recuse themselves when issues of zoning come before the Council? After all, an issue of this sort could have a significant financial impact on their business. In fact, it could be of far greater benefit than the County contract would be for Nehrenheim, whose job is not dependent on how the county contracting decision goes.
When council members recuse themselves, they are essentially saying that they cannot be impartial. This helps ensure Council decisions are unbiased.
Yet, the reasons why councilmembers might need to recuse themselves are not always clear. For example, a councilmember may have a financial interest in a particular matter, such as owning stock in a company that is seeking council approval. This would seem to require recusal.
However, a councilmember may have a personal relationship with someone who is involved in a matter before the body. Should this friendship, with no financial interest, trigger that action? I think not.
A new law, known as the Levine Act, requires recusal from any decision where the person seeking an action from the Council has given a campaign contribution of $250 or more to a Councilmember within the previous 12 months. This requirement has been in effect since January 1, 2023. Contributions made before that date do not trigger the law.
According to its author, these restrictions merely extend limits already existing for state and local agencies to local elected officials. Arguments can be made about the threshold, but laws like this are often the result of abuses that reached a point where action was necessary.
If councilmembers believe they have a conflict of interest, they should recuse themselves from the decision-making process. This can be done by simply stating their intention to do so at the beginning of the meeting. The councilmember should then leave the room while the other councilmembers discuss, and vote on the matter. ER