What is the job of the Ethics Commission?
The Ethics Commission is charged with
- monitoring, administering and enforcing the City's governmental ethics laws and proposing new governmental ethics law reforms;
- conducting investigations, referring violations to appropriate enforcement agencies, and auditing disclosure statements; and
- advising and educating City officials, candidates, political committees, and lobbyists about governmental ethics laws.
The Commission is governed by San Diego Municipal Code Chapter II, Article 6, Division 4, Sections 26.0401 to 26.0456. These sections were added June 5, 2001, by Ordinance 18945, and were amended on February 11, 2002, by Ordinance O-19034, and on December 6, 2007, by Ordinance O-19555.
How does the Ethics Commission differ from the FPPC?
The state's Fair Political Practices Commission [FPPC] educates public officials and candidates on the requirements of the Political
Reform Act, and investigates alleged violations of the Act. It's jurisdiction extends to public officials and candidates throughout the
State of California, and to entities that lobby state officials. By comparison, the Ethics Commission operates locally, and its jurisdiction
extends to City Officials, candidates for elective City office, and entities that lobby City Officials.
Although the City has incorporated some state law provisions into its Election Campaign Control Ordinance and its
Ethics Ordinance, the City has also adopted many laws that are of a purely local nature. The FPPC does not regulate any
of these local laws. For example, the Ethics Commission, not the FPPC, has jurisdiction over the City's contribution limits,
the 180-day vendor debt rules, and online filing requirements for City candidates. In addition, the FPPC does not have
jurisdiction over the City's lobbyists; the lobbying provisions in the Political Reform Act pertain solely to individuals
who lobby state officials. By having a uniquely local perspective, the Ethics Commission is able to provide education and
enforcement in a manner particularly suited to local officials, local candidates, and local lobbyists.
The Commission has prepared a comparison chart (PDF) designed to clarify some of the differences
between its duties and those of the FPPC.
How do the duties of the Ethics Commission differ from those of the City Attorney's Office?
The City Attorney's Office prosecutes misdemeanors in criminal court. By contrast, the Ethics Commission enforces
governmental ethics laws (campaign laws, ethics laws, and lobbying laws) through administrative enforcement, which may result
in the imposition of a fine. Violations of governmental ethics laws typically do not warrant criminal prosecution
(which may lead to imprisonment or a criminal record), As evidenced by the creation of similar administrative enforcement
agencies throughout the state and country (Los Angeles Ethics Commission, San Francisco Ethics Commission, Oakland Public
Ethics Commission, California Fair Political Practices Commission, Federal Elections Commission), administrative tools are
generally the preferred enforcement mechanism for violations of governmental ethics laws.
In addition, unlike the City Attorney's Office, the Ethics Commission provides advice and education to more than just City
Officials; it also offers assistance to City candidates, campaign staffers, ballot measure committees, and lobbyists. The
Ethics Commission also oversees an ethics training program for nearly 1,300 City Officials, including elected officials,
unclassified employees, board and commission members, project area committee members, officers and employees of the City’s
agencies, and consultants.
Another unique duty of the Ethics Commission involves its auditing of campaign committees to ensure that information disclosed by
City candidate and ballot measure committees is complete and accurate.
The Commission has prepared a comparison report (PDF) designed to clarify
some of the differences between its duties and those of the City Attorney's Office.
Who are the Commissioners?
Commissioners are appointed by the Mayor from a pool of nominees nominated by the Council and City Attorney and confirmed by Council. A Commissioner's four-year term begins July 1 and ends on June 30.
The Commission is composed of seven members. At least one of the members must be a person who has been a candidate for elective governmental office or held a high level position in an election campaign, and at least two of the members must be attorneys in good standing with the California Bar Association. No more than three members may be registered with the same political party.
Ethics Commission Staff
The Ethics Commission staff currently includes the following individuals:
- Stacey Fulhorst, Executive Director
- AveMaria Perkins, Executive Secretary
- Stephen Ross, Program Manager (Advice & Education)
- Lauri Davis, Senior Investigator
- Rosie Gomez, Auditor
How can I contact the Commission?
Ethics Commission staff may be contacted as follows:
City of San Diego Ethics Commission
1010 Second Avenue, Suite 1530
San Diego, CA 92101
Telephone: (619) 533-3476
Fax: (619) 533-3448
E-Mail: ethicscommission@sandiego.gov
