Regarding the Ethics Commission
What is the Ethics Commission?
The Ethics Commission is a body of appointed volunteer City officials, formed
in 2001 for the purpose of monitoring, administering, and enforcing the City’s
governmental ethics laws. The Commission is
also involved with proposing new governmental ethics law reforms, conducting
investigations, referring violations to appropriate enforcement agencies, auditing
disclosure statements, and advising and educating City officials and the public
about governmental ethics laws. The Ethics Commission is composed of seven members
appointed by the Mayor from a pool of nominees nominated by the Council and
City Attorney and confirmed by Council. At least one of the members of the Commission
must be a person who has been a candidate for elective governmental office or otherwise
held a high level position in a campaign for elective governmental office. 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.
What are the responsibilities of the Ethics Commission?
The Commission's responsibilities include: (1) providing training and education
regarding governmental ethics laws to City
Officials and employees, and candidates for City office and their staffs; (2)
issuing formal and informal advice and opinions to any person regarding the
governmental ethics laws within the Commission’s jurisdiction; (3) reviewing
campaign, lobbying, and conflict of interest disclosure statements; (4) proposing
procedures for conducting audits of campaign, lobbying, and conflict of interest
disclosure forms; (5) investigating and enforcing violations of City governmental
ethics laws; and (6) reviewing of the City’s existing governmental ethics
laws, and proposing updates to those laws to the City Council for its approval.
What are "governmental ethics laws"?
Governmental Ethics Laws mean state and local laws governing campaign contribution
limits, campaign contribution disclosure, campaign expenditure disclosure, statements
of economic interests, receipt and disclosure of gifts, conflicts of interest,
lobbying registration and disclosure, and other matters proposed by the Ethics
Commission and adopted by a majority of the City Council. These laws are found
in the San Diego Municipal Code at Chapter 2, Article 7, Division 29 Elections
Campaign Control Ordinance (PDF: 110K); Chapter 2, Article 7, Division 35 Ethics Ordinance (PDF: 76K);
and Chapter 2, Article 7, Division 40 Municipal Lobbying (PDF: 157K).
Who is a "City Official"?
For the purposes of the City's Ethics
Ordinance (PDF: 76K), you are a "City Official" if you are required
to file a Statement of Economic Interests
pursuant to the California Political Reform Act of 1974, and are (1) an
elected or appointed City officeholder; (2) a member of a City board,
commission, committee, or task force; (3) an unclassified City employee;
or (4) a consultant of the City. If you fall within one of the above four
categories and you are not sure if you file a Statement of Economic Interests,
contact the City Clerk for assistance.
What laws does the Ethics Commission have jurisdiction to enforce?
The Ethics Commission enforces violations of the Election Campaign Control Ordinance, the Municipal Lobbying Ordinance, and the Ethics Ordinance. (These laws are referred to as the local governmental ethics laws.)
The Ethics Commission has the authority to commence an administrative proceeding and impose fines if the Commission believes a violation of local governmental ethics laws has taken place. The Ethics Commission does not have the authority to initiate a criminal proceeding, but may refer the matter to another law enforcement agency.
What issues are outside the jurisdiction of the Ethics Commission?
In general, the Ethics Commission does not have jurisdiction over:
- false or misleading statements;
- deceptive campaign materials;
- incompetence or ineffectiveness of City employees;
- Civil Rights violations;
- conduct of classified City employees (non-managerial employees whose employment is
governed by a Memorandum of Understanding with the City);
- members of local community planning groups;
- anything related to the school districts in the City and County of San Diego;
- any elections outside the City of San Diego (such as the City of Chula Vista, the City of
El Cajon, the County of San Diego, etc.);
- placement or location of campaign signs;
- violations of the Elections Code;
- violations of State law, including the Political Reform Act (contact the Fair Political
Practices Commission at www.fppc.ca.gov); and
- open meeting laws (Brown Act).
Who is the Executive Director, and what are the
responsibilities of the position?
The Executive Director is a salaried public official hired by the Ethics Commission
with the approval of the City Council. The Executive Director oversees the day-to-day
operation of the Ethics Commission, and is responsible for conducting preliminary
reviews of all complaints filed with the Ethics Commission, investigating these
complaints, prosecuting these complaints, overseeing audits, providing advice
on ethics matters, reviewing existing governmental ethics laws, and providing
training to those subject to the City's governmental ethics laws.
How do I contact the Ethics Commission?
The Ethics Commission may be contacted through the mail, fax, or e-mail:
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: ethics commission@sandiego.gov
