The powers and duties of the commission are as follows:
A. Subject to subsections B and C below, the commission has the power and duty to do the following:
1. Review, investigate, and consider complaints alleging violations of:
a. Section 35 of the Sacramento City Charter ("Limitation on future employment");
b. Chapter 1.20 ("Fair Campaign Practices");
c. Chapter 2.13 ("Campaign Contribution Limitations") and chapter 2.14 ("Campaign Spending Limits and Public Campaign Financing"), if the city has not contracted with the Fair Political Practices Commission for enforcement of those chapters;
d. Chapter 2.15 ("Lobbyist Registration and Reporting Code");
e. Chapter 2.16 ("Conflict of Interest");
f. Chapter 4.02 ("Code of Ethics")
g. Chapter 4.04 ("Transparent Government and Public Engagement"); and
h. Chapter 3 ("Conduct of Members") and Rule 6.E ("Closed Sessions") of the Council Rules of Procedure.
2. Enforce administrative penalties for violations of provisions covered in subsection A.1 above, in accordance with the policy adopted pursuant to section 2.112.030.C.6. Penalties for each violation may not exceed the greater of (i) $5000, or (ii) in the case of campaign contributions, three times the amount that the violator failed to report properly or unlawfully contributed or accepted.
3. At least annually, report to the city council regarding the activities of the commission, with recommendations, if any, regarding the subjects of its purview as described in subsection A.1.
4. Every two years, review any contract the city has with the Fair Political Practices Commission, for the purpose of reporting to the council on the contract's efficacy. The commission may also make recommendations regarding renewal of the contract.
5. Provide annual input to the city attorney on the list of law firms used by the city attorney to conduct investigations of sexual harassment claims against city officials.
6. Provide input on the initial selection of an evaluator under subsection C.4; make recommendations for subsequent contracts with an evaluator; and make recommendations regarding the retention or replacement of an evaluator.
7. Act as the screening panel for selection of independent redistricting commission candidates, as provided in article XII of the Sacramento City Charter.
B. The commission's authority under subsection A extends only to city elected officials, candidates for city elected office, independent expenditure committees, members of boards and commissions, the city manager, the city clerk, the city attorney, the city treasurer, the city auditor, the director of the office of public safety accountability, and lobbyists as defined in chapter 2.15.
C. Complaint, Investigation, and Hearing Procedure.
1. In consultation with the city attorney, the commission shall adopt regulations and procedures for investigations and hearings to be conducted by the commission.
2. The commission's review, investigation, and consideration of complaints shall be in accordance with its adopted regulations and procedures.
3. A complaint filed with the commission may be investigated only if the complaint identifies the specific alleged violation which forms the basis for the complaint and contains sufficient facts to warrant a formal investigation.
4. The council shall cause to be retained an independent and neutral evaluator to review and investigate complaints and to make recommendations to the commission.
5. Notwithstanding anything else in this code, complaints, investigative files, and information contained therein shall be considered confidential to the maximum extent under the law, and shall not be disclosed to any person other than a respondent or respondent's representative, the city attorney or district attorney, a court, a law enforcement agency, designees of the foregoing, or otherwise as necessary to the conduct of an investigation.
6. The commission shall adopt a policy setting forth its standards for imposing penalties and exercising enforcement discretion. The evaluator shall follow that policy when making recommendations to the commission. (Ord. 2024-0019 § 1; Ord. 2024-0015 § 4; Ord. 2017-0026 § 2)