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City of San Diego Ethics Commission



Thursday, September 6, 2001 - 5:00 p.m.
City Council Chambers
202 C Street, 12th Floor
San Diego, CA

Item 1. Call to Order

The public meeting will be opened.

Item 2. City Clerk Staff Report - Clerk's Role as Filing Official/Filing Officer

City Clerk staff will discuss the Clerk's function as a filing officer and filing official for campaign, lobbying and conflict of interest disclosure.

San Diego Municipal Code section 26.0414 (c) states that the Commission shall be empowered to review campaign, lobbying and conflict of interest disclosure forms, and to propose procedures for conducting audits of campaign, lobbying, and conflict of interest disclosure forms, subject to City Council approval. The Office of the City Clerk shall continue to be the central filing office for all campaign, lobbying and conflict of interest disclosure forms which must be filed with the City.

Item 3. City Attorney Staff Report - Ralph M. Brown Act

City Attorney staff will discuss the open meeting requirements of the Brown Act as they pertain to the Commission.

Item 4. Signing of Declaration - Prohibition on Running for Elective Governmental Office

City Attorney staff will address concerns of the Commissioners related to the prohibition.

San Diego Municipal Code section 26.0406(c) states that no member of the EthicsCommission shall become a candidate for elective governmental office during his or her tenure on the Commission, and for twelve months thereafter, and requires that members sign a declaration acknowledging this requirement, and waiving the right to legally challenge the requirement. Commissioners have received a declaration form to complete related to this requirement.

Item 5. Ethics Commission Worklist

Commissioners will review the draft worklist and timeline developed by staff, and may act to further develop the worklist and timeline.

Item 6. Subcommittee Report - Personnel

Discussion and possible action regarding staffing and budget requirements.

San Diego Municipal Code section 26.0411 requires that the Commission employ a staff consisting of no less than a full time executive director, a clerical assistant, and an investigator. The selection of the executive director is subject to City Council confirmation.

Item 7. Subcommittee Report - Procedures

Discussion and possible action regarding creation of Commission rules and regulations.

San Diego Municipal Code section 26.0401 states that the purposes of the Commission shall be to monitor, administer, and enforce the City's governmental ethics laws, propose new governmental ethics law reforms, conduct investigations, refer violations to appropriate enforcement agencies, audit disclosure statements, and advise and educate City officials and the public about governmental ethics laws. San Diego Municipal Code section 26.0414 provides more detail about the duties and responsibilities and the Commission; and empowers the Commission to adopt rules and regulations, subject to approval of the City Council, to carry out those duties and responsibilities.

Item 8. Subcommittee Report - Subpoena Power

Discussion and possible action regarding proposed ballot language for March 2002 election to change City Charter authorizing subpoena power for the Commission.

San Diego Municipal Code section 26.0414(e) states that the Commission shall be empowered to subpoena documents and witnesses, subject to a City Charter amendment granting subpoena authority to the Commission.

Item 9. Non-Agenda Comment

This portion of the agenda provides an opportunity for members of the public to address the Commission on items of interest within the jurisdiction of the Commission.

Comments are limited to no more than three minutes per speaker. Submit requests to speak to the City Clerk prior to 5:00 p.m. Pursuant to the Ralph M. Brown Act, no discussion or action, other than a referral, shall be taken by the Commission on any issue brought forth under "Non-Agenda Comment."

Item 10. Adjournment
ACCESS FOR PEOPLE WITH DISABILITIES: This information will be made available in alternative formats upon request. To request an agenda in an alternative format or to request a sign language or oral interpreter for the meeting, call the City Clerk (619/533-4000-voice or 619/236-7012-TT) at least five working days prior to the meeting to ensure availability. Assistive Listening Devices (ALDs) are available from the City Clerk's Office prior to the meeting, and are to be returned at the end of the meeting.