An alleged conflict of interest was levied against Chelsea Byers. (photo by Jon Viscott)

Councilwoman Chelsea Byers’ non-city employment came under scrutiny at the June 29 West Hollywood City Council meeting. An allegation amplified online said that Byers’ employment as the campaigns director at Welcoming Neighbors Network conflicts with housing-related votes, being that the organization is, as described on its website, an organization that “empowers local advocates” to help with the United States’ housing shortage.

Two items related to housing on the meeting’s agenda were continued so that the California Fair Political Practices Commission can decide about Byers’ situation. The committee will review Byers’ employment in relation to her role as a council member and determine whether there is a conflict of interest.

The allegation comes just days after the Southern California Association of Governments issued a revised map of areas that are affected by Senate Bill 79, which went into effect on July 1. The bill allows for increased housing density in areas located within a half mile of major transit stops in cities over 35,000 people, and within a quarter mile for cities under 35,000 people. West Hollywood, according to SCAG, is just over the half-mile threshold and the recently approved Metro K Line Northern Extension counts under SB 79, though the three West Hollywood train stops are perhaps decades away from seeing reality. In a draft map released earlier in June, the future K Line stops were not included, but in the final maps, West Hollywood was.

SB 79 has drawn concern from residents in heavily populated areas throughout California, and a carve-out in the bill that allows for a Transit Oriented Development Alternative Plan has been adopted by both Los Angeles and Beverly Hills. This plan allows for cities to have more freedom in determining how the increased density will be zoned.

At a May 18 meeting, the West Hollywood City Council discussed adopting a TODAP, but Mayor John Heilman ultimately continued the item. Byers and Councilman John Erickson were firmly against a TODAP and have been supportive of SB 79, while Heilman and Councilwoman Lauren Meister have stood in opposition to the bill. Heilman proposed the TODAP for West Hollywood. Vice Mayor Danny Hang did not indicate a final position on the TODAP, saying he would wait until the final SCAG maps had been released. Byers and Erickson argued the city’s in-progress Zoning Improvement Plan might address many of the concerns that residents, primarily homeowners, had raised. Meister and Heilman said that the city needed the protection of TODAP to maintain some level of local control. A TODAP, as well as other potential ways for local cities to work with SB 79, can be adopted after the SB 79 implementation date.

The debate, however, and how the City Council might make housing-related decisions generally, might shift dramatically if Byers is determined to have a conflict of interest due to her employment. Welcoming Neighbors Network has signaled and lobbied support for housing-related legislation.

Both Byers and Erickson were prepared to go forward with the housing-related items at the June 29 meeting, one of which dealt with streamlining development permit review for qualifying housing projects. The decision to continue was contentious, and several residents in the chambers spoke about the issue.

“I respectfully ask Councilmember Chelsea Byers to recuse herself from all housing,” resident Jay Jacobson said. “And land use matters until the FPPC provides guidance or potential conflicts related to her employment. Until then recusal is the only way to have integrity and maintain public trust. Likewise, if any other council members have financial, political or organizational ties to developers, unions, advocacy groups, corporations or other entities that benefit from council decisions, including those that provide campaign support or advance political careers. I urge them to consider recusal as well, because ultimately this is about trust.”

Another resident brought a sign and sat in the front of row. The sign read, “Chelsea Byers’ big lie: ‘Our hands are tied.’”

When it came time to determine whether to hear the items, Byers was insistent that she was prepared to move forward and had a statement explaining her position.

“I came prepared tonight as part of the item C4 to have a statement read that indicated to the community and address some of the concerns that were laid out, so … if we can keep C4 on the agenda tonight,” Byers said, later adding, “[The statement] gives clearance and communicates the information I know well to be true, especially in light of the issues that the community raised. I wouldn’t want us to move forward tonight without being able to address those, and I feel confident and prepared to address those tonight.”

Byers’ statement was not read during the meeting nor was it provided to the Beverly Press.

“I don’t believe anyone on this council would knowingly or willingly violate ethical standards, but ultimately it is up to not your own determination, but the FPPC’s determination, and I would rather that we wait until we get that kind of determination,” Heilman said.

“I think Councilmember Byers has expressed to me, and she’s prepared to read them into the record tonight, reasons that she believes in good faith that she does not have a disqualifying financial conflict of interest based on facts about her job and her and the organization,” City Attorney Lauren Langer said. “However … the analysis is very fact-specific, and I wouldn’t be prepared tonight to make a legal determination on whether or not that is a conflict of interest, and I think the mayor is correct that the FPPC is the entity that can make a final legal conclusive determination.”

Erickson voiced support for Byers, stating that he had dealt with similar allegations, while Hang ultimately sided with postponing the items to await the result of the FPPC review, which will take 21 days.

“I believe that we should, in good faith, seek FPPC guidance, and I say that with the caveat of this is not a knock against my colleague,” Hang said. “This will put an end to any and all speculation, because I believe in my colleagues’ integrity, and I believe what she stands for, and I believe that she works very hard, because she loves this community dearly, and seeking an FPPC guidance would put an end to any fog of speculation that there is.”

Meister concurred and noted that the item could wait a few weeks for a vote.

“It’s not something that state law is requiring us to do, so it could wait 21 days,” she said.

“I would say it’s already waited a year and a half on the item,” Erickson said. “It may not be crucial to you, but to build more housing in the city and to make sure that we’re doing all that we can to do that to remove obstacles is critical. I know as a homeowner who’s set up for the rest of her life, you might not have that burden.”

Reached after the meeting, Meister responded to Erickson’s comments.

“West Hollywood is a diverse community. However, the percentage of homeowners is quite small – around 20%, compared to California State Senate District 24, which is around 45%,” Meister said. “Single-family homeownership is even smaller. The few low-density neighborhoods that exist in West Hollywood provide LGBTQ+ people, and others, an opportunity to raise a family in a city, and a neighborhood, where they feel at home. Why would Councilmember Erickson want to take away that opportunity for LGBTQ+ people to live the ‘American Dream’ in a place where they feel accepted and safe? Councilmember Erickson claims, with apparent contempt, that as a homeowner, I’m ‘set for life.’ Is paying a mortgage for the past 28 years and many more years to come, investing life savings and working past retirement age ‘set for life?’ Is that how Erickson feels about that 45% of the district he is hoping to someday represent?”

Last year, in a similar situation, Santa Monica Mayor Pro Tem Jesse Zwick was told by FPPC to recuse himself from voting in housing-related matters due to his employment with the Housing Action Coalition. While Zwick agreed to recuse himself from “all matters involving housing production,” he emphasized that he disagreed with the ruling.

“I’ve advocated for one thing and one thing only my entire time on council: what I believe is best for my community,” said Zwick, according to the Santa Monica Daily Press.

“The city remains committed to ethical governance, transparency and protecting public trust,” a statement from Santa Monica read. “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.”

Byers declined to comment. Welcoming Neighbor Network did not respond to a request for comment.