State Orders Santa Monica Councilmember To Recuse From Housing, Zoning

Santa Monica Councilmember Jesse Zwick has been ordered by the state’s political ethics watchdog to step away from housing and zoning decisions, after regulators concluded his paid work for HAC, a pro-housing advocacy group, creates a conflict with his role on the City Council.

In a Dec. 8, 2025 letter, the FPPC said Zwick’s role with HAC created a disqualifying conflict of interest under the Political Reform Act’s “nexus” test. The letter goes on to say that because City Council decisions on zoning and housing production directly intersect with the financial and legislative goals of Zwick’s employer, his participation in such matters is legally prohibited. You can read the full letter here.

A “Dais-to-Developer” Pipeline?

The situation in one of LA’s most famous coastal cities is raising a lot of eyebrows, but was seen as even more problematic by allegations regarding procedural transparency.

The Santa Monica Coalition for a Livable City has been pushing the conflict issue for months and has published a packet calling on Zwick to resign, including a Nov. 21, 2025 letter and sign-on statement.

The group is also raising a separate set of allegations about process and transparency tied to a Dec. 17, 2024 council vote. In a later packet addressed to Interim City Attorney Heidi von Tongeln, residents cite public records they say show private communications during an active public hearing and argue it raises due process concerns. The FPPC, for its part, says its Dec. 8 letter is not weighing past conduct.

Two tracks. Related, but not the same thing.

The documents highlight a December 17, 2024, meeting where Zwick allegedly engaged in private communications with a housing provider during an active public hearing. This discovery prompted the group to request an investigation into whether these ex parte communications violated quasi-judicial due process standards. The most damning evidence, they say, was when residents stood at the podium for public comment and Zwick was allegedly back-channeling with the developer’s executive director to ask for guidance:“Is this the course of action you want to pursue, or would you prefer to stick to the original proposal?” Ms. Letts replied directly to Zwick: “We are now fully behind this alternate proposal.”

A Legislative Restraining Order

The FPPC has essentially placed Zwick under a legislative restraining order. He’s now barred from nearly every meaningful land-use decision the city takes up. Zoning amendments? He’s out. Housing policy? Out. Specific projects? He isn’t even allowed in the room. The ruling specifies that Zwick is barred from participating in any capacity regarding long-range planning, zoning amendments, and specific development projects. According to reporting by the Santa Monica Daily Press, the directive requires Zwick to not only abstain from voting but to publicly disclose the source of the conflict and physically leave the chamber during both open and closed sessions whenever these items are discussed. That’s a lot of missed business. 

The FPPC’s guidance only deals with future debates and votes and they do not issue any kind of retroactive penalties. Still, the mess has opened a can of worms and has forced the City of Santa Monica to initiate a series of ratification proceedings.

Remedial Actions and Procedural Challenges

To help minimize the risk of litigation, City Hall is currently moving to ratify several housing-related actions taken in late 2025. These items, which were passed while Zwick was either negotiating or holding his position at the HAC, include resolutions on small-lot subdivisions, duplex regulations, and updates to the California Building Standards Code.

This ongoing requirement for legal vetting has introduced a layer of procedural complexity to the city’s governance and why some local advocacy groups, including the SMCLC, are saying that Zwick’s position has become untenable. They say his dual roles as a legislator and a developer recruiter create an inherent conflict that undermines the Council’s ability to act on land-use matters without the threat of legal challenge.

What’s Next

The cloud of suspicion seems to be spreading and the mess is no longer just a “Zwick problem.” Once the City starts ratifying votes to protect itself, it tells residents their suspicion has leverage, and they’re using it. The same packets that pushed the conflict issue are now pointing at other councilmembers, flagging professional ties, campaign contributions, and private communications that critics say could taint past housing decisions. It may not all hold up, but the dynamic has changed. The spotlight is on the whole dais now, and every major land-use vote is going to be watched for who talked to whom, who has what outside connection, and whether anyone should have stepped aside.