A ruling by the California Fair Political Practices Commission (FPPC) could have far-reaching implications for political activists seeking part-time political offices.
Santa Monica Mayor Pro Tem Jesse Zwick has been told by state political regulators that he should step back from participating in City Council housing production decisions because of his paid role with a statewide housing advocacy organization — a move that critics say unfairly penalizes civic engagement by local policy advocates. As the Santa Monica City Council is not a full-time job, Zwick sought full-time employment in the non-profit sector advocating for a cause he believed in. For that reason, the FPPC is saying Zwick shouldn’t be allowed to vote on issues relating to that cause.
The FPPC issued formal advice on December 8 concluding that Zwick’s employment with the Housing Action Coalition (HAC) creates a conflict of interest under the Political Reform Act, requiring him to recuse himself from votes on housing production. The decision was based on a broad “nexus test” that regulators said can apply even when neither the official nor the employer has a direct financial stake in the outcome.
HAC describes itself as a member-supported nonprofit that advocates for building more housing “at all levels of affordability,” with members ranging from builders and architects to labor unions and tech firms. After hiring Zwick, HAC ended outreach and advocacy efforts in the City of Santa Monica to avoid creating conflicts for Zwick.
While state regulators emphasized they did not find Zwick acted improperly or broke the law in the past, the advisory opinion applies prospectively and could sideline Zwick on key local issues. In the Daily Press, Zwick himself all-but-ruled-out running for re-election as a result of the ruling.
Critics argue the FPPC’s interpretation effectively discourages local officials from participating in advocacy work, even when they take steps to avoid actual conflicts. Six neighborhood associations had requested the city seek an outside review of Zwick’s dual roles, alleging his votes on issues like the Off-Site Affordable Housing Pilot Incentive Program aligned with his employer’s mission.
Advocates worry that the “nexus test” could be used to disqualify advocates from running for part-time office, as they would be deemed in conflict for voting on matters that they have expertise.
Zwick, who consulted with the City Attorney’s Office before accepting the HAC position, has maintained that safeguards were put in place — including excluding Santa Monica from his professional portfolio and avoiding work tied to the city. He reiterated his commitment to recusal where appropriate, while expressing frustration that the FPPC’s interpretation did not fully account for those steps.
The city says it will implement the FPPC’s guidance and is taking procedural steps to ensure compliance with state law. Zwick has already recused himself on housing production matters, and the ruling does not affect past actions.
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