April 14, 2023
To: Members of the Ethics Commission
From: Patrick Ford, Director of Enforcement
Subject: AGENDA ITEM 12: Proposed Stipulation, Decision and Order In the Matter of David Wadhwani (SFEC Complaint No. 21-323).
This memorandum provides information regarding the Proposed Stipulation appearing in this agenda item and what the Commission may do next regarding this Proposed Stipulation.
The Commission may approve the Proposed Stipulation by majority vote, or it may provide guidance to Commission Staff regarding the Proposed Stipulation.
Pursuant to the Commission’s Enforcement Regulations, the Executive Director may enter negotiations with a respondent at any time to resolve the factual and legal allegations in a complaint by way of a stipulated order (i.e. a negotiated settlement). Enf. Reg. § 12(A). The Regulations require that the stipulated order set forth the pertinent facts and may include an agreement as to anything that could be ordered by the Commission under its authority pursuant to Charter section C3.699-13. Id.
Immediately after the Executive Director enters a stipulated order with a respondent, the Executive Director must inform the Commission of the proposed stipulation. Enf. Reg. § 12(E). Stipulations will be agendized on the consent calendar unless a Commissioner requests, by noon on the fifth calendar day before the Commission’s meeting, to have the stipulation placed on the agenda as a regular agenda item. Because the Executive Director entered into this stipulated order with Respondent shortly before this deadline for Commissioner requests, the attached stipulated order was agendized as a regular agenda item. Id.
The Commission may discuss this item, and it may either approve the Proposed Stipulation by majority vote or provide guidance to Commission Staff regarding the Proposed Stipulation. Enf. Reg. § 12(F).
Members of the public may comment on the Proposed Stipulation.