Measure D | californiachoices.org

My vote

Would remove nearly all existing references to the Ethics Commission (Commission) in the San Diego Charter (Charter) and recast those provisions in a new Charter section that solely governs the Commission. The Commission is charged with: administering and enforcing the City of San Diego’s (City) governmental ethics laws and proposing reforms, conducting investigations, imposing fines, referring certain complaints to appropriate enforcement agencies, auditing campaign committees, and advising and educating elected officials, City employees, candidates, campaign committees, and lobbyists about governmental ethics laws. Measure D is a Charter Amendment and requires 50%+1 of the vote to pass.

Fiscal Impact: Based on actual expenditures for each of the last ten years, an additional approximately $65,000 would bring the Commission’s contract budget to a level equal to its highest annual expenditure during that period. This budget increase would decrease the possibility of the Commission needing to request additional funding from the Mayor and City Council during any given fiscal year. Any funds budgeted each year for the Ethics Commission that are not spent would be returned to the City’s General Fund.

Next San Diego County Measure: Measure E

See Endorsements for Measure D

Details

Pro/Con

Pro:

Supporters argue that this good governance measure strengthen.s the independence of the City of San Diego's Ethics Commission by empowering it to control its investigations and resources without political interference.

The Commission is the City's watchdog for violations of ethics, lobbying, and campaign finance laws. It educates and regulates elected officials, lobbyists, campaigns, certain City employees and City consultants, and imposes penalties and fines when violations occur. This measure will bolster the Commission's ability to hold accountable those it regulates, protecting the interests of the City and its residents.

A YES vote on this measure is a vote in favor of amending the Charter relating to the Ethics Commission.

Con:

No official argument against Measure D was submitted.

A NO vote on this measure is a vote against the amendments.

In Depth

The San Diego City Council (City Council) adopted San Diego Ordinance O-18945 (June 5, 2001) establishing the Ethics Commission (Commission). The Commission is charged with investigating and enforcing City governmental ethics laws involving current and former elected City officials, candidates for City office, certain City employees, consultants, lobbyists, and members of City boards and commissions who are required to file conflict of interest disclosure forms.

Currently, the Mayor appoints all seven Commission members from a pool of nominees submitted by members of the City Council and the City Attorney, who are then subject to confirmation by a City Council majority. The City Council confirms the appointment of the Commission’s Executive Director; approves the Commission’s complaint and investigation procedures; and controls the Commission’s budget.

If the proposed Charter amendments are approved, only City voters would disband the Commission. The amendments would establish the number of Commission members (Commissioners), their qualifications, and their length of service, and the City Council would update the San Diego Municipal Code to establish a process to appoint Commissioners. The amendments would authorize the Commission to hire its own Executive Director and establish its own complaint and investigation procedures without City Council confirmation. The amendments would also empower the Executive Director to initiate investigations and complaints, compel witness attendance, testimony, and records production, and to report evidence of possible unlawful conduct to other government or law enforcement agencies during an investigation. The City Council would be required to allocate sufficient funds for the Commission to carry out its responsibilities and to retain legal counsel.

Source: Measure D Impartial Analysis

Voter Resources

San Diego Election Resources