Sacramento Municipal Code Ch. 2.112 City of Sacramento Ethics Commission

The City of Sacramento Ethics Commission is hereby established. (Ord. 2024-0019 § 1; Ord. 2017-0026 § 2)

The commission is established for the purpose of reviewing and considering 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. (Ord. 2024-0019 § 1; Ord. 2017-0026 § 2)

The powers and duties of the commission are as follows:

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 ("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 ("Transparent Government and Public Engagement"); 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.

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 director of the office of public safety accountability, and lobbyists as defined in chapter 2.15.

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. 2024-0019 § 1; Ord. 2024-0015 § 4; Ord. 2017-0026 § 2)

A. Number of members. The commission has five members. The Personnel and Public Employees Committee shall recommend all five members for appointment.

B. Qualifications. In addition to any requirements or restrictions in chapter 2.40:

1. Commission members shall be residents of the city. Three members shall have a background in law, ethics, local government, or similar experience.

2. The following persons are not eligible to be a commissioner:

a. A person who – or whose spouse, registered domestic partner, or child – has contributed to a candidate for city elective office, in a single city election cycle in either of the last two city election cycles preceding their date of application to be on the commission, more than 50 percent of the allowable amount for a councilmember candidate.

b. A person who – or whose spouse, registered domestic partner, or child – is or has been, within the two years immediately preceding their date of application to be on the commission, any of the following:

i. A paid employee of the city;

ii. A registered city lobbyist, or someone who was required to be a registered city lobbyist; or

iii. An appointee of any local or state elected official.

c. A person who – or whose spouse, registered domestic partner, parent, sibling, or child – has been, within four years immediately preceding their date of application to be on the commission, any of the following:

i. Elected to, or a candidate for, city elective office;

ii. An employee of, or paid consultant or contractor to, a campaign for city elective office; or

iii. A paid employee of, a consultant to, or someone under contract with any city elected official.

3. A commissioner shall be ineligible, during service on the commission and for a period of four years thereafter, to hold city elective office. A commissioner shall be ineligible, during services on the commission and for a period of one year thereafter, to be appointed to another city commission, to serve as paid staff for or as a paid consultant to any city elected official, to receive a non-competitively bid contract with the city, or to register as a city lobbyist.

4. While on the commission, a commissioner shall not contribute to or participate in any candidate campaign for city elective office.

C. Training. Each commissioner must receive a minimum of one training session per year on ethics, the subjects listed in section 2.112.030.A.1, and the citywide policies identified by city council resolution under section 4.02.040.A. (Ord. 2024-0019 § 1; Ord. 2017-0026 § 2)

Unless specifically provided otherwise in this chapter, the provisions of chapter 2.40 apply to the commission and its members. (Ord. 2024-0019 § 1; Ord. 2017-0026 § 2)