A coalition of neighborhood associations is calling for an investigation into potential conflicts of interest involving City Councilmember Jesse Zwick, who recently accepted a position as Southern California Director for the Housing Action Coalition while continuing to serve on the council.
Six neighborhood groups have sent letters to the City Attorney and City Manager requesting a full investigation into whether Zwick's role with the pro-housing advocacy organization creates ethical conflicts that should disqualify him from serving on the council.
Northeast Neighbors initiated the inquiry in an Oct. 5 letter, alleging Zwick has "continually voted in alignment with the Housing Action Coalition since he was endorsed by them in his race for Santa Monica City Council." The organization expressed concern that Zwick may be unable to objectively perform his duties as a councilmember while working as a paid advocate for the Bay Area-based nonprofit.
Five additional neighborhood associations — Friends of Sunset Park, North of Montana Association, Pico Neighborhood Organization, SM Mid City Neighbors, and Wilshire Montana Neighborhood Coalition — subsequently sent a joint letter supporting the investigation request.
The seventh group, Ocean Park Association, has not joined the request.
The neighborhood groups point to Zwick's participation in votes at the Sept. 30 City Council meeting as evidence of potential conflicts. They note that while other councilmembers recused themselves from the conversation about continuing the Off-site Affordable Housing Pilot Incentive Program, Zwick participated fully despite his employer's pro-development mission.
"Councilmember Snell recognized his potential conflict-of-interest on 11A and recused himself; Mr. Zwick saw no such ethical dilemma and participated fully, despite the fact that his vote to support an issue eagerly sought by developers would directly benefit his employer's mission," the letter states.
The associations argue that development-related decisions are central to a Santa Monica councilmember's role, including matters of land use, affordability, building and safety codes, and zoning ordinances. They contend that Zwick's position with an advocacy group representing developers, architects, engineers and attorneys creates constant conflicts.
"Residents deserve Councilmembers they can trust to make decisions based on what is best for our City, not what benefits their employer or themselves," the joint letter states.
The neighborhood groups cite California Government Code Section 1090 and local policies that prohibit officials from involvement in contracts or matters where they have a financial interest. These laws require public disclosure of financial interests and mandate that officials recuse themselves from decisions that could materially affect their personal finances.
Zwick has dismissed the concerns saying his new employment in no way compromises his role as a councilmember.
"Like most current members of our part-time council, I work full-time in another capacity to make ends meet in Santa Monica," he said at the time of his hiring. "I’ve worked closely with attorneys at the city of Santa Monica and those at my new employer to ensure that I keep my two worlds completely separate and avoid any conflict of interest. In the rare instance in which a vote at city council may present a conflict I will of course be rescuing myself, as all council members are obliged to do."The Santa Monica City Attorney's Office has said it is investigating the letter sent by the groups but previously said recusal is on a case by case basis depending on the decision."
Because there appears to be some ongoing interest and concern on this matter, I have taken the extra step of requesting that the city seek out additional independent legal analysis to share with the public," said Zwick. "The city is currently engaging both the California Fair Political Practices Commission and independent outside legal counsel to secure this additional analysis."In his announcement of the new position, Zwick said he was "excited" about his role with the Housing Action Coalition. The organization has spent decades building what it calls a "diverse coalition" in the Bay Area around increasing housing construction "for people of all income levels."
"My role will entail transplanting HAC's proven model to Southern California to expand our growth and impact across the state," Zwick said.
The Housing Action Coalition describes itself as a member-supported nonprofit that advocates for building more homes "at all levels of affordability" to address California's housing shortage. The organization's members span more than 20 industries and include affordable and market-rate home builders, architects, designers, engineers, attorneys, labor unions and tech companies.
The organization operates through two arms: a 501(c)3 educational branch producing programs and resources about housing policy, and a 501(c)4 advocacy arm that engages members and legislative allies to support pro-housing policies.
Under Santa Monica's conflict of interest policies, governed by California state law and the city's Code of Ethics, public officials are prohibited from participating in governmental decisions where they have a "reasonably foreseeable and material financial interest." Officials must file public statements disclosing their economic interests and recuse themselves from decisions where conflicts exist.