Measure D: Amendments to the San Diego Charter to Strengthen the Independence of the Ethics Commission
The Question
Shall the independence of the Ethics Commission be ensured by requiring that only voters can eliminate it, and by establishing certain other commission powers and responsibilities?
The Situation
Under current law, the Commission serves as the City’s ethics watchdog. It regulates appointed and elected officials, enforces campaign finance and ethics laws, and imposes penalties and fines when violations occur.
To act fairly and effectively, the Commission must be independent from those it regulates; however, the Charter empowers the City Council to determine the Commission’s budget and resources; select its Executive Director; eliminate the Commission or reduce its responsibilities without voter approval; and approve its complaint and investigation procedures.
The Proposal
This measure was recommended by the City Attorney in order to strengthen the independent oversight of the Ethics Commission. Key provisions include:
- Commission can appoint its Executive Director without City Council approval
- Executive Director controls rules and policies of the Commission without City Council approval
- Commission retains the ability to retain legal counsel independent of the City Attorney
- Requires the City Council to allocate sufficient funds to carry out the Commission’s responsibilities
- City Council can add Commission duties and powers, but cannot eliminate them
- The City will develop a new process for selecting members of the Commission at a later date
Fiscal Effect
Based on actual expenses over the last 10 years, it is estimated that an additional $65,000 per year could be required. The need for additional funds for outside legal counsel would be rare. If the Commission’s responsibilities are expanded in the future, additional funding may be required.
Supporters Say:
- This measure will improve the Commission’s ability to hold accountable those it regulates, protecting the interests of the City and its residents.
- This measure will ensure that the Commission is independent from those it regulates, enabling it to regulate fairly and effectively.
- In order to maintain the public’s confidence, those who are regulated by the Commission should not have control over its funding, its procedures, or its ability to do its work.
Opponents Say:
No argument against Measure D was submitted.
For More Information
Supporters:
Joe LaCava, City of San Diego Council President Pro Tem
Mara Elliott, San Diego City Attorney
Caridad Sanchez, City of San Diego Ethics Commission
Kim Knox, President, League of Women Voters of San Diego
Opponents:
No argument against Measure D was submitted