City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01298 10/24/2023 Consent Item 11.
Sacramento Ethics Commission Annual Report
File ID: 2023-01298
Location: Citywide
Recommendation: Receive and file.
Contact: Mindy Cuppy, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk
Presenter: None
Attachments:
1-Description/Analysis
2-Annual Report
Description/Analysis
Issue Detail: Advisory bodies of the City are required to provide an annual report for review by the Personnel and Public Employees (P&PE) Committee as outlined in the City Council Rules of Procedure, Chapter 17. The P&PE Committee shall review advisory body annual reports and give staff direction on those reports’ stated projects, priorities, and recommendations. Before forwarding the report to the City Council, the Committee may request supplemental information from staff or the advisory body.
The P&PE Committee has reviewed the attached Sacramento Ethics Commission Annual Report and passed a motion forwarding it to the City Council.
Policy Considerations: Chapter 17 of the Council Rules of Procedure outlines the Advisory Body reporting process.
Economic Impacts: Not Applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): This action is not a project that is subject to
File ID: 2023-01298 10/24/2023 Consent Item 11.
CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5)).
Sustainability: Not Applicable.
Commission/Committee Action: On September 19, 2023 the P&PE Committee reviewed the Annual Report and passed a motion forwarding it to the City Council.
Rationale for Recommendation: Annual Reports by city advisory bodies ensures they effectively incorporate their important role, voice, and work and provide thoughtful community recommendations to the City Council on a consistent basis.
Financial Considerations: Not Applicable.
Local Business Enterprise (LBE): Not Applicable.
Sacramento Ethics Commission Annual Report 2022
City of Sacramento Page 1 of 6
Annual Report 2022
Sacramento Ethics Commission Annual Report 2022
City of Sacramento Page 2 of 6
Sacramento Ethics Commission
The Sacramento Ethics Commission was established in 2017 by ordinance 2017-0026 and is codified in Sacramento City Code Section 2.112
Sacramento Ethics Commissioners
Susan Underwood, Chair
Linda Ng, Vice Chair
Deanna Adams
Liz Gomez
Nicole Velasquez
Sacramento Ethics Commission Staff
Mindy Cuppy, MMC, City Clerk
Katie Gresham, Legislative Program Specialist
Gary P. Lindsey, Jr., Senior Deputy City Attorney
City of Sacramento – Office of the City Clerk
915 I Street – Sacramento, CA 95814
[email protected]
(916) 808-7200
www.commissions.cityofsacramento.org
Sacramento Ethics Commission Annual Report 2022
City of Sacramento Page 3 of 6
Purpose of the Sacramento Ethics Commission
The purpose of the commission is to review and consider complaints against elected and appointed city officials, as further described in section 2.112.030, to ensure those city officials are conforming their conduct to the city’s laws and policies.
Powers and Duties of the Sacramento Ethics Commission
A. Subject to subsections B and C below, the commission has the power and duty to do the following:
1. Review, investigate, and consider complaints alleging violations of:
a) Section 35 of the Sacramento City Charter (“Limitation on future employment”); b) Chapter 1.20
(“Code of Fair Campaign Practices”);
c) Chapter 2.13 (“Campaign Contribution Limitations”) and chapter 2.14 (“Campaign Spending Limits and Public Campaign Financing”), if the city has not contracted with the Fair Political Practices Commission for enforcement of those chapters; d) Chapter 2.15 (“Lobbyist Registration and Reporting Code”); e) Chapter 2.16 (“Conflict of Interest”);
f) Chapter 4.02 (“Code of Ethics”)
g) Chapter 4.04 (“Sunshine Ordinance”); and
h) Chapter 3 (“Conduct of Members”) and Rule 6.E (“Closed Sessions”) of the Council Rules of Procedure.
2. Enforce administrative penalties for violations of provisions covered in subsection A.1 above, in accordance with the policy adopted pursuant to section 2.112.030.C.6.
Penalties for each violation may not exceed the greater of (i) $5000, or (ii) in the case of campaign contributions, three times the amount that the violator failed to report properly or unlawfully contributed or accepted.
3. At least annually, report to the city council regarding the activities of the commission, with recommendations, if any, regarding the subjects of its purview as described in subsection A.1.
4. Every two years, review any contract the city has with the Fair Political Practices Commission, for the purpose of reporting to the council on the contract’s efficacy. The commission may also make recommendations regarding renewal of the contract.
5. Provide annual input to the city attorney on the list of law firms used by the city attorney to conduct investigations of sexual harassment claims against city officials.
Sacramento Ethics Commission Annual Report 2022
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6. Provide input on the initial selection of an evaluator under subsection C.4; make recommendations for subsequent contracts with an evaluator; and make recommendations regarding the retention or replacement of an evaluator.
7. Act as the screening panel for selection of independent redistricting commission candidates, as provided in article XII of the Sacramento City Charter.
B. The commission’s authority under subsection A extends only to city elected officials, candidates for city elected office, independent expenditure committees, members of boards and commissions, the city manager, the city clerk, the city attorney, the city treasurer, the city auditor, the independent budget analyst, and the public safety accountability officer.
C. Complaint, Investigation, and Hearing Procedure.
1. In consultation with the city attorney, the commission shall adopt regulations and procedures for investigations and hearings to be conducted by the commission.
2. The commission’s review, investigation, and consideration of complaints shall be in accordance with its adopted regulations and procedures.
3. A complaint filed with the commission may be investigated only if the complaint identifies the specific alleged violation which forms the basis for the complaint and contains sufficient facts to warrant a formal investigation.
4. The council shall cause to be retained an independent and neutral evaluator to review and investigate complaints and to make recommendations to the commission.
5. Notwithstanding anything else in this code, complaints, investigative files, and information contained therein shall be considered confidential to the maximum extent under the law, and shall not be disclosed to any person other than a respondent or respondent’s representative, the city attorney or district attorney, a court, a law enforcement agency, designees of the foregoing, or otherwise as necessary to the conduct of an investigation.
6. The commission shall adopt a policy setting forth its standards for imposing penalties and exercising enforcement discretion. The evaluator shall follow that policy when making recommendations to the commission. (Ord. 2017-0026 § 2)
Sacramento Ethics Commission Annual Report 2022
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2022 Highlights and Accomplishments
In calendar year 2022 the Sacramento Ethics Commission held six (6) meetings.
• The commission updated the Sacramento Ethics Commission Procedures.
• The Sacramento Ethics Commission received ten (10) complaints in 2022. Six (6) were dismissed by the City Clerk for lack of jurisdiction. The other four (4) were referred to the Independent Evaluator and subsequently heard by the commission.
• In 2022 the commission held three (3) public hearings related to complaints:
o A complaint against Arts, Culture, and Creative Economy Commissioner Cecily Hastings which was received on January 4, 2022.
o A complaint against Sacramento City Councilmember Katie Valenzuela which was received on February 17, 2022.
o A complaint against Sacramento City Councilmember Katie Valenzuela which was received on August 30, 2022.
In each of these complaints, the commission passed a motion receiving the Independent Evaluators Report and were subsequently dismissed by the commission finding that sufficient evidence did not exist to establish that a violation occurred.
• Regarding the fourth complaint, the Evaluator's No-Cause Report was presented to the commission on February 27, 2023, and the commission dismissed the Complaint and closed the file in this matter without further action.
o A complaint against Sacramento City Councilmembers Katie Valenzuela and Angelique Ashby which was received on October 18, 2022.
• The commission deliberated and forwarded to the city council recommendations regarding modernizing the Lobbyist Registration and Reporting Code. The City Clerk’s Office and Attorney’s Office are moving forward draft updates to the relevant city code sections to the Law and Legislation Committee and City Council which is anticipated for deliberation in Fall 2023.
Sacramento Ethics Commission Annual Report 2022
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2022 Commission Resources
In calendar year 2022 the Sacramento Ethics Commission held six (6) meetings. The meeting durations are typically 1 ½ hours and in 2022 added up to almost 9 hours of meeting time. The estimated 2022 cost for meeting support is $4,000.
In addition to meeting time, it takes the Office of the City Clerk approximately 20 hours for each meeting to review staff reports, prepare and publish agendas, create minutes, process attendance and stipend payments, and to maintain the legislative history of each meeting. Staff also prepared and proposed the Sacramento Ethics Commission Procedure document this year.
This is an additional $1,000 per meeting. Staff from the City Clerk’s Office and City Attorney’s office also prepare and present staff reports to the commission.
In addition to internal staff, the city expended $74,773 for services provided by the Independent Evaluator, Hanson Bridgett LLP in 2022. This year the city also contracted with a second Independent Evaluator, Devaney Pate Morris & Cameron, LLP, to be prepared in the event that the primary Independent Evaluator has a conflict with any complaint. Staff from the City Clerk’s Office and City Attorney’s office worked to execute this contract.
The city also engaged a consultant, Whitney Barazoto, who reviewed the commissions recommendations on the Lobbyist Registration and Reporting code in 2023. Staff time to prepare and execute this contract was also expended in 2022.
Commissioners receive a stipend of $50 per meeting for a total cost of $1,500.
2023/2024 Projects, Priorities, and Objectives for Consideration
The commission would like to expand community engagement and outreach in the coming year. The commission will be deliberating and further define goals and objectives for outreach activities at an upcoming commission meeting.
Resources Required for 2023 Projects, Priorities, and Objectives
• TBD based on scope yet to be determined by the commission.