Sec. 601.  Appointment of Special Prosecutor.

A.  Notwithstanding Charter Section 42, when the City Attorney determines that his or her office has a possible conflict of interest and that his or her office therefore should not investigate or prosecute alleged violations of this Charter, City ordinances or regulations, or statutes relating to campaign financing, lobbying, conflicts of interest or governmental ethics, the City Attorney shall so notify the City Ethics Commission, which by a four-fifths vote of all of its members may request the appointment of a special prosecutor to conduct the investigation. A special prosecutor shall not be appointed when it appears from a preliminary investigation that an alleged violation will warrant only an action for civil damages or administrative penalties.

B.  The request for the appointment of a special prosecutor shall be made to a standing committee composed of three retired judges selected by the Commission at the beginning of each odd-numbered year. The three judge panel shall name the special prosecutor, who upon such appointment shall have the authority to file and prosecute criminal and civil actions in the name of the People.

C.  Each fiscal year there shall be included in the budget of the City Ethics Commission the sum of $250,000 for expenditure to support any special prosecutor appointed pursuant to this section. In the event that all such funds have been or are likely to be expended before the end of any fiscal year, the Commission may request the Council for an additional appropriation. Under no circumstance shall the amount appropriated or provided under contract for a special prosecutor exceed $250,000 in any fiscal year without Council approval. The Council shall have thirty (30) days (excluding weekends and holidays) following its receipt to accept, reject, or modify such a request from the Commission. The Mayor shall act on the Council’s action within five days (excluding weekends and holidays). If the Mayor vetoes the Council’s action, the Council shall have five days (excluding weekends and holidays) to override that veto by a two-thirds vote.

D.  A special prosecutor appointed pursuant to this section may be removed from office only by the action of the Commission, and only for good cause, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the special prosecutor’s duties.  (Sec. Added, 1990.)