Ethics Commission Proposal

By Dick Murphy

Proposal contains giving the commission subpoena power, a paid investigator, and the ability to levy fines and penalties for violations.

"The major difference between my proposal and the 1994 proposal is the appointing authority. In the 1994 proposal the majority of the members were appointed by the Mayor. Under my proposal the majority of the members would be appointed by the Civil Service Commission.

PROPOSED SAN DIEGO ETHICS COMMISSION

A. Establishment.

The City shall establish a permanent agency called the City of San Diego Ethics Commission. The Commission shall monitor and enforce all political and governmental ethics laws in the City of San Diego.

B. Composition.

1. Composed of Five Volunteer Members. The Commission shall be composed of five volunteer members. Three of the members will be appointed by the San Diego Civil Service Commission. One member will be appointed by the City Attorney. The chair will be appointed by the mayor. All appointments will be subject to confirmation by the City Council. The Commission shall reflect the diversity of the city which it serves.

2. Terms. The Commission shall be appointed for three-year terms with a maximum of six years' consecutive service. A commissioner shall stay off one full term before being reappointed to an additional non-consecutive three-year term. Initial appointees may serve more than six years. The initial terms of the commissioners shall be: the chairman and one additional commissioner three years; two commissioners # two years; and one commissioner for one year.

C. Responsibilities and Duties.

1. The Commissions shall be the central filing office for conflict of interest, disclosure, campaign, and all other ethical statements that must be filed. The Commission shall also be the official auditing agency of these statements.

2. The Commission shall establish a formal complaint procedure and a telephone hot line through which such complaints may be reported by anyone of violations of the city's ethics laws. The complainants must identify themselves to the Commission, but it shall be unlawful for any city employee to be disciplined or terminated for making a complaint to the Commission.

3. The Commission shall issue rules and opinions based on the ordinances under its jurisdiction concerning governmental ethics, lobbying, and campaigning. The Commission shall have the right to issue either informal advice or formal opinions at its discretion in response to requests received by city employees and members of the general public. Elected officials and department heads, including the City Manager, may require the Commission to issue a formal opinion in response to an inquiry.

4. The Commission shall provide training and education to city employees and to candidates for city office and their staffs.

5. The Commission shall have investigatory authority, including the power to subpoena evidence and witnesses before it.

6. The Commission shall, as one of its first orders of business, propose to the City Council an ordinance establishing civil fines and other penalties for violations of the City's campaign and ethics laws. The Commission shall have the power to levy such civil fines.

D. Qualifications.

1. No commissioner may contribute to, or publicly participate in, any campaign for city office.

2. No commissioner may run for political officer sooner than one year after leaving office as a commissioner.

E. Staff and Budget.

1. The Commission shall have a staff consisting of no less than a full time executive director, a clerical assistant, and an investigator.

2. The Commission shall be appropriated a reasonable budget.