Loading...
(a) Any person may request the commission to issue a written opinion with respect to his or her duties under provisions of the Charter or any ordinance relating to campaign finance, conflicts of interest, lobbying or governmental ethics. The commission shall, within 14 days, either issue a written opinion or advise the person who made the request whether an opinion will be issued. No person who acts in good faith on a written opinion issued to him or her by the commission shall be subject to criminal or civil penalties for so acting, provided that the material facts are as stated in the opinion request. The commission’s opinions shall be public records and may from time to time be published.
(b) Any person may request the commission to provide written advice with respect to the person’s duties under provisions of the Charter or any ordinance relating to campaign finance, conflicts of interest, lobbying, or governmental ethics. Advice shall be provided within 21 working days of the commission’s actual receipt of the request, except that the time may be extended by the commission for good cause. Reliance on the advice, or the failure of the Commission to provide the advice within 21 working days of its receipt of the request, or within the extended time for response, shall be a complete defense in any enforcement proceeding initiated by the commission, and evidence of good faith conduct in any other civil or criminal proceeding if the requester, at least 21 working days prior to the alleged violation, requested written advice from the commission in good faith, disclosed truthfully all the material facts, and committed the acts complained of either in reliance on the advice or because of the failure of the commission to provide advice within 21 days of the request or such later extended time.
The commission shall conduct investigations of alleged violations of state law, the Charter and City ordinances relating to campaign financing, lobbying and conflicts of interest and governmental ethics.
Any person who violates any provision of the Charter or of a City ordinance relating to campaign financing, lobbying, conflicts of interest or governmental ethics, or who causes any other person to violate any provision, or who aids and abets any other person in a violation, shall be liable under the provisions of this Article.
(a) Investigations.
(1) If the commission, upon the sworn complaint of any person or on its own initiative, first determines that there is sufficient cause to conduct an investigation, it shall investigate alleged violations of state law, the Charter or City ordinances relating to campaign financing, lobbying, conflicts of interest and governmental ethics. The commission shall not be required to investigate a complaint filed with it unless the complaint identifies the specific alleged violation which forms the basis for the complaint and contains sufficient facts to warrant an investigation.
(2) The investigation shall be conducted in a confidential manner. Records of any investigation shall be considered confidential information pursuant to Section 18362 of Title 2 of the California Code of Regulations, as amended, or any successor provision. Any member or employee of the commission or other person who, prior to a determination by the Executive Director whether or not to proceed with an administrative or other enforcement action, discloses information about any preliminary investigation, except as necessary to conduct the investigation, shall be liable pursuant to this Article. The unauthorized release of confidential information shall be sufficient grounds for the termination of the employee or removal of the commissioner responsible for the release. The termination of clerical employees only shall be subject to applicable civil service provisions.
(3) The commission and any special prosecutor may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records or other items material to the performance of the commission’s duties or exercise of its powers.
(b) Findings of Probable Cause; Administrative Enforcement. If the Executive Director of the commission or the Executive Director’s designee determines that there is probable cause to believe that a provision of the Charter or City ordinances relating to campaign financing, lobbying, conflicts of interest or governmental ethics has been violated, the Executive Director or the Executive Director’s designee shall cause an administrative enforcement accusation to be issued and served. No finding of probable cause shall be made by the Executive Director or Executive Director’s designee unless, at least 21 days prior to the Executive Director or the Executive Director’s designee’s consideration of the alleged violation, the person alleged to have committed the violation is notified of the alleged violation by service of process or registered mail with return receipt requested, is provided with a summary of the evidence, and is informed of their right to be present in person and represented by counsel at any proceeding held for the purpose of considering whether probable cause exists for believing the person committed the violation. Notice to the alleged violator shall be deemed made on the date of service, the date the registered mail receipt is signed, or, if the registered mail receipt is not signed, the date returned by the post office. A proceeding held for the purpose of considering probable cause shall be private unless the alleged violator files with the commission a written request that the proceeding is public.
(c) Administrative Hearings, Orders and Penalties. After an accusation is issued and served, the commission shall cause a public evidentiary hearing to be held to determine if a violation has occurred. When the commission determines on the basis of substantial evidence presented at the hearing that a violation has occurred, it shall issue an order which may require the violator to:
(1) cease and desist the violation;
(2) file any reports, statements or other documents or information required by law; and/or
(3) pay a monetary penalty to the General Fund of the City of up to fifteen thousand dollars ($15,000) for each violation, adjusted annually to reflect changes to the Consumer Price Index, or three times the amount which the person failed to report properly or unlawfully contributed, expended, gave or received, whichever is greater. When the commission determines that no violation has occurred, it shall publish a declaration so stating.
(d) Referrals Between Agencies. Regardless of whether the Executive Director or designee makes a formal determination concerning probable cause, the matter may be referred to another appropriate agency for purposes of enforcement.
SECTION HISTORY
Amended by: Subsecs. (b), (c) and (d), Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.
In the event a member of a City board or commission is disqualified during any 365 day period from acting on (1) three or more agenda matters by reason of the same investment in a business entity, the same interest in real property or the same source of income, or (2) 1% or more of the matters pending before the board or commission by reason of any investments in business entities, any interests in real property or any sources of income, the commission shall examine the nature and extent of the conflicts and shall determine whether the member has a significant and continuing conflict of interest. If the commission so determines, it shall order divestment of the conflicting investment, interest or source of income. The Council may, by ordinance, impose additional requirements to assure that continuing conflicts of interest by members of boards and commissions are adequately monitored and avoided.
The City Attorney shall provide legal services to the commission, except that, notwithstanding Section 275, the commission may retain its own legal counsel to provide advice to the commission and to take such action as the commission may direct when necessary under the two circumstances described in this Section. First, independent of the City Attorney, the commission may employ or contract for staff counsel to give advice to the commission and to take such action as the commission may direct on matters that directly involve the conduct of the City Attorney, the City Attorney’s office, or the City Attorney’s election campaign. Second, the commission may retain its own legal counsel for legal services in carrying out the commission’s responsibilities and duties under Section 706 on a specific investigative or enforcement matter. In this second circumstance, the commission and the City Attorney shall approve a panel of law firms or attorneys from which the commission may select legal counsel for these services.
SECTION HISTORY
Amended by: Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.
(a) Notwithstanding Section 275, when the City Attorney determines that the City Attorney’s office has a possible conflict of interest and that the office should not investigate or prosecute an alleged violation of the Charter, City ordinance or regulation, or statute relating to campaign financing, lobbying, conflicts of interest or governmental ethics, the City Attorney shall notify the City Ethics Commission, which by a four-fifths vote of all of its members may determine to appoint 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 commission’s appointment of a special prosecutor shall be made from a list of special prosecutors approved by the commission at the beginning of each odd-numbered year. The special prosecutor, upon appointment, shall have the authority to file and prosecute criminal and civil actions in the name of the People.
(c) Each fiscal year the budget of the City Ethics Commission shall include the sum of five hundred thousand dollars ($500,000) for expenditure to support any special prosecutor appointed pursuant to this section. In the event that all of these funds have been or are likely to be expended before the end of any fiscal year, the commission may request an additional appropriation from the Council. Under no circumstance shall the amount appropriated or provided under contract for a special prosecutor exceed five hundred thousand dollars ($500,000) in any fiscal year without Council approval. The Council shall have 30 days (excluding weekends and holidays) following its receipt to accept, reject, or modify a request for additional funds from the commission. If Council does not act within that time period, the request is deemed approved. The Mayor shall act on the Council’s action or inaction if the request is deemed approved 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 the 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.
SECTION HISTORY
Amended by: Subsecs. (a), (b) and (c), Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.
(a) Starting with the 2025-2026 fiscal year budget, the Council shall appropriate a minimum of seven million ($7,000,000) dollars for each fiscal year for the commission’s annual operating budget. The appropriation amount shall be adjusted each fiscal year based on the change to City’s revenues in the prior year. However, adjustment to the commission’s annual budget based on the change to City’s revenues in the prior year is not required if the Council finds that exigent circumstances exist such that an adjustment should not be made for that fiscal year.
(b) The expenditures of the commission shall not require prior approval of City offices or personnel where the expenditures are within the Commission’s budget, unless Council makes a finding of exigent circumstances. The commission shall comply with applicable City requirements, procedures, and laws relating to the expenditures.
(c) The commission is not subject to hiring freezes when it operates within its budget, unless the Council makes a finding of exigent circumstances.
SECTION HISTORY
Amended by: Title and Section, Charter Amendment ER, approved November 5, 2024, effective January 8, 2025.
Loading...