L.A. says it banned developer political contributions. But the job is only half-finished.
Editorial
The Los Angeles City Council struck a blow Wednesday
against the pay-to-play culture at City Hall. After putting
it off for many months, the council finally voted to ban
campaign contributions from real estate developers with
projects needing city approval. The vote was a sign of some
progress. The mere exchange of money between people seeking
city approval for projects and the people granting it
creates the perception of a quid pro quo ??â€
and in some cases, more than merely a perception. That's
why Los Angeles already bars campaign contributions from
registered lobbyists and bidders for city contracts. Under
the new law, the ban will be extended to developers seeking
approval for projects. But hold your enthusiasm. For one
thing, the council delayed the ban until after the 2022
primary election ??†when several council
incumbents will be running for reelection. Furthermore, the
law does not prohibit developers from hosting fundraisers
or raising money from other donors. And while a "developer"
is defined as the property owner or applicant, including
top executives or people who own a significant stake in the
company, the ban does not cover subcontractors, consultants
or people on the project team. That's a limitation,
advocates say, that would still allow real estate interests
to try and sway decision makers. Worst of all, council
members refused to close a big loophole: "behested
payments," in which politicians ask developers, lobbyists
and people with city contracts to make contributions to
particular charities. Behested payments may sound like a
good thing on the surface ??â€
it??â"¢s charity, after all ??†but
in fact they are just another mechanism by which
politicians squeeze money out of people doing business with
the city, and direct it where they want it to go. So while
developers will no longer be able to make campaign
contributions, council members or the mayor will still be
able to hit them up to make hefty charitable contributions.
The council could at least have made the process more
transparent, but members also punted on a proposal to
require disclosure of any behested contribution above
$1,000. Instead, they left the disclosure threshold at
$5,000, at least for now. Council members said they were
worried that charitable giving would dry up if they could
no longer personally shake down developers, lobbyists and
contract bidders for donations. But that fear acknowledges
the reality behind political fundraising: Whether
it??â"¢s a large campaign donation or a behested
contribution to a charity, money is being exchanged in most
cases with the intent to curry favor with an elected
official. That's why more than half of behested payments
reported by L.A. politicians over the last five years came
from donors with business before City Hall. The public
needs to keep up the pressure on City Hall to ban behested
contributions from donors with business pending before the
city. It's worth remembering that the path to reform is
difficult and time-consuming. There have long been
allegations of pay-to-play politics in Los Angeles,
particularly with real estate developers who need support
from the City Council or the mayor to get their projects
built. Councilman David Ryu, who pledged not to take
developer contributions when he ran for office in 2015,
found little support for campaign finance reform after he
was elected. City leaders started discussing changes only
after a 2016 Times investigation into an L.A. developer
accused of making illegal donations to local politicians
while pushing them to support his $72-million Sea Breeze
apartment project, which was approved. Council members
eventually proposed the ban on developer contributions in
January 2017 as an attempt to counter the perception that
elected officials approve big real estate projects because
they receive campaign contributions from the developers,
and to defuse one of the main arguments behind a ballot
initiative to limit growth. When the measure failed in
2017, the proposed ban stalled. The ban was revived earlier
this year ??†after the FBI raided the home
and offices of Councilman Jose Huizar, who heads the
powerful council committee that oversees development
decisions. The raid was part of a larger corruption probe
that appeared to be focused on real estate projects
downtown, and sought information from offices of several
elected officials. No one has been publicly charged with a
crime. Apparently it takes a scandal to get City Hall to
make ethics reforms. So what scandal will get city leaders
to do what??â"¢s right on behested payments?
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