The California Fair Political Practices Commission has ruled that Santa Monica Mayor Pro Tem Jesse Zwick must recuse himself from housing production decisions due to his employment with the Housing Action Coalition, concluding his position creates a conflict of interest under state law.
The FPPC issued a formal advice letter Dec. 8 finding that Zwick is disqualified from participating in certain City Council decisions related to housing production under the commission's interpretation of the Political Reform Act and its "nexus test."
Zwick took a job with the Housing Action coalition earlier this year. The organization 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 commission determined that while neither Zwick nor HAC's financial interest in Santa Monica housing decisions met traditional criteria for materiality, a separate "nexus test" could apply. Under that standard, the FPPC advised that "any reasonably foreseeable financial effect on a source of income to a public official or the official's spouse is material if the decision will achieve, defeat, aid, or hinder a purpose or goal of the source."
The FPPC concluded city housing production decisions could benefit HAC despite safeguards Zwick put in place to prevent direct benefits to himself or his employer.
The commission's advice is forward-looking only. By statute, the FPPC does not issue opinions on past actions and did not find that Zwick acted improperly, violated the law or failed to disclose his employment.
The city issued a statement Wednesday emphasizing that Zwick "acted transparently, ethically, and in good faith" throughout the matter, proactively seeking legal guidance before taking action.
Before applying for the HAC position in June, Zwick consulted with the City Attorney's Office to determine whether accepting such employment would create a conflict of interest with his council role. Relying on that legal advice, he applied for the position in July and accepted an offer Aug. 18 after additional consultation with city legal staff.
Zwick said he was frustrated that the advice he initially received seemed lacking.
“Reasonable minds differ all the time in their reading of the law, and it can be difficult to predict how the FPPC will interpret complex statutes like the Political Reform Act, but legal advice should be mindful of the full spectrum of opinions one might encounter on a given issue,” he said. “I disagree with the FPPC’s interpretation in my case, which did not account for the many steps I took to avoid any actual or perceived conflict, but I will of course be following the agency’s advice. That means the stance I adopted while awaiting formal guidance, in which I’ve recused myself on all matters involving housing production, will be my ongoing policy.”
The ruling essentially codifies the status quo as Zwick has already been avoiding votes on housing issues out of an abundance of caution.
The City said Zwick took steps to avoid conflicts, including ensuring he would perform no work related to Santa Monica, having Santa Monica excluded from his professional portfolio and confirming HAC would cease advocacy activities in Santa Monica. HAC ended its Santa Monica advocacy before Zwick's Sept. 8 start date.
Zwick said the job has had no impact on his opinions as a councilmember and while he has avoided troublesome votes, his stance on housing has remained consistent.
“I’ve advocated for one thing and one thing only my entire time on council: what I believe is best for my community. Plenty of people may disagree with the things I stand for, but I’d challenge anyone to show where I’ve been inconsistent on them.”
Zwick said he strongly believes he has maintained a high ethical standard during his time on Council but acknowledged the ruling would energize individuals who disagreed with his positions.
“At each stage in the process, I sought out legal advice and followed it. And when new guidance emerged, I responded immediately,” he said. “It’s pretty common practice these days to accuse your political opponents of being unethical. All I know is I’ve tried my best to do the right thing always, and I’d like to think that even when we disagree we’re capable of extending that basic assumption of good intentions towards one another.”
City Hall requested the FPPC advice after six neighborhood associations called for an investigation.
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 groups pointed to Zwick's participation in votes at the Sept. 30 City Council meeting as evidence of potential conflicts. They noted that while other councilmembers recused themselves from discussion 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 stated.
The off-site program was first approved before Zwick took the job and while he voted on the expansion, he said that discussion was not an approval of a new program but just direction to staff to expand
The associations argued 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 contended 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 stated.
The neighborhood groups cited California Government Code Section 1090 and local policies that prohibit officials from involvement in contracts or matters where they have a financial interest.
The city stated it will fully implement the FPPC's guidance. Consistent with the commission's advice, Zwick will continue to recuse himself from all council matters identified by the FPPC, and the city is taking appropriate procedural steps to ensure full compliance with state law.
"The City remains committed to ethical governance, transparency, and protecting public trust," the statement said. "This matter reflects the importance of public officials seeking legal guidance—as Mayor Pro Tem Zwick did—and of institutions correcting course when legal interpretations are clarified."
Zwick said the in ability to vote on housing issues is weighing on his mind as he considers whether to run for reelection in 2026.
“While it’s been difficult to balance a day job and growing young family with public service that occupies my nights and weekends, it’s also been incredibly meaningful to get to play an active role in helping shape and improve the community I love,” he said. “An inability to vote on some of the most vital issues concerning our future certainly makes it hard for me to see a path where running again makes sense for me or my family.”