Gregory W.

Smith
9100 Wilshire Blvd., Suite 345E Los Angeles, California 90212 Phone: 310-777-7895 Fax: 310-459-7895 E-Mail: grgrysmth@aol.com

Date: January 24, 2013 Los Angeles City Ethics Commission 200 North Spring Street City Hall, 24th Floor Los Angeles, California 90012

Dear President Paul H. Turner, Vice President Valerie Vanaman, Commissioner Nathan J. Hochman, Commissioner Ralph D. Fertig, and Commissioner Erin Pak, Please accept for consideration this formal complaint, filed January 24, 2013 in Los Angeles, California. The enclosed references a billboard promoting City Attorney Carmen Trutanich in his re-election bid for the Office of City Attorney, for which I am also a candidate. Ironically, illegal billboards have been a bedrock issue featured often and prominently among Mr. Trutanichs prosecutorial priorities as City Attorney, even as gang injunctions have declined under his watch. Further, Mr. Trutanich has a history of using his political campaigns to disseminate false and questionable information to voters, causing a Superior Court judge to take the extraordinary action of labeling his tactics misleading during the course of his ill-fated run for District Attorney in 2012. I urge the Ethics Commission to investigate this matter to ensure transparency, accuracy of information, and a fair election. Sincerely,

Gregory W. Smith Attorney at Law

LOS ANGELES CITY ETHICS COMMISSION COMPLAINT FORM The Los Angeles City Ethics Commission has the authority to investigate violations of State and City campaign finance, governmental ethics and lobbying laws. If you have a question regarding whether your complaint is within our jurisdiction, please call us at (213) 978-1960. We take every complaint we receive seriously. Please bear in mind, however, that often we do not have the authority to take action regarding a complaint. If this should happen, we will refer your complaint to the appropriate agency. In addition, please note that we cannot provide injunctive relief we cannot order someone to stop his or her activity immediately. You may make your complaint anonymously. If you do give us your name, we will not release it unless we receive your permission or unless we refer the complaint to another law enforcement agency for criminal prosecution. You are protected against retaliation for blowing the whistle on your co-workers or superiors. The Ethics Commission does not confirm or deny the existence of any investigation until the matter is closed. Once we receive your complaint, we will not contact you unless we need additional information. You can call us to check on the status of your complaint, but please keep in mind that generally it takes 30 days for a complaint to be processed. If a full-fledged investigation is conducted as a result of your complaint, the investigation could take several months. The more information you can give us, the more helpful you will be. Please complete this form as fully as possible. Person making Complaint: Your Name: (optional) Your address: (optional) Your Phone Number: (optional) Gregory Smith 9100 Wilshire Blvd., Suite 345E Los Angeles, CA 90212 310-777-7894

Person or Entity that allegedly violated State or City laws: Name and Title of Subject of Complaint: Place of Employment of Subject of Complaint: City Attorney Carmen Trutanich Los Angeles City Attorneys Office

Nature of Complaint: (please include as much detail as possible dates, names, etc.) I am aware of one billboard promoting Mr. Carmen Trutanichs campaign for City Attorney, which depicts Mr. Trutanich and the official logo of his 2013 campaign for City Attorney alongside text reading, Trutanich 2013 Trutanich13.com. An attached photograph of these billboards was published in the Los Angeles Times on January 23, 2013. According to the Los Angeles Times, the billboard is visible to drivers on southbound Interstate 5 near the Glendale Boulevard exit in northeast Los Angeles. The graphics used are the original campaign branding materials designed by Mr. Trutanichs political campaign and could only have been obtained from Mr. Trutanich, the committee, or his agent. The billboard contains no attribution or Paid For By line identifying the responsible party, either Mr. Trutanich or an Independent Expenditure committee. The existence and design of this billboard advertisement constitutes a clear and unconscionable violation of the California Political Reform Act. If the billboard advertisement was placed by Mr. Trutanich, Mr. Trutanich is in violation for failure to display a Paid For By line on the billboard. For reference, similar billboards rent for upwards of $7,000 to $8,000 per month. If Mr. Trutanich is paying that fee, he may be in violation of 84215 through the act of filing one or more Form 460s excluding this expenditure. If Mr Trutanich is not paying rent and is instead being gifted the space, he is also in violation by accepting an in-kind contribution in excess of the maximum donation allowed by Los Angeles City and, further, may have further violated 84211 by failing to report the advertisement space as an in-kind contribution. If the billboard advertisement was placed by a separate committee as an Independent Expenditure not associated with Mr. Trutanich, there is ample evidence that Mr. Trutanich or his agent coordinated in the process of executing an independent expenditure. Mr. Trutanich has therefore violated 85500. Presently, there is no publically available source where a committee may have independently obtained access to Mr. Trutanichs original high-resolution logo and other graphics, which may be observed on the billboard. These original materials must have been obtained from Mr. Trutanich or his agent, thereby invalidating the independence of the expenditure. Further, if the billboard is an independent expenditure it is in violation of 84506, which requires the independent committee to carry a disclosure of its name as well as a statement that the advertisement is truly independent and has not been authorized by the candidate it supports. (Attach additional sheets if necessary. In addition, please attach copies of any available documentation regarding the alleged violation.) Describe the laws that were violated (as specifically as possible): Political Reform Act, including but not limited to 84215, 84211, and 85500 Names and addresses of persons who may have information that could help us: Carmen Trutanich, John Schwada, Rick Taylor, Larry Cimmarusti, Ralph Cimmarusti

DECLARATION OF COMPLAINANT (optional): I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: At: Signature: January 24, 2013 Los Angeles, California ______________________________

Please return by mail or fax to (213) 978-1989 Los Angeles City Ethics Commission Attn: Enforcement Division 200 N Spring Street City Hall - 24th Floor Los Angeles, CA 90012