May 1, 2023
To: Members of the Ethics Commission
From: Patrick Ford, Director of Enforcement
Subject: AGENDA ITEM 13: Proposed Stipulation, Decision and Order In the Matter of Bearstar Strategies (SFEC Complaint No. 2223-486/23-014).
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). Thereafter, any member of the Commission may request that the stipulated order be reviewed in public session by the full panel of the Commission during its next meeting. Id.
This item was held over from the Commission’s April meeting due to a lack of quorum. This item is only being placed on the regular calendar because Commissioner Romano has announced that he will recuse from voting on or discussing this matter. Placing it on the regular calendar will allow the Commission to vote on all items in the Consent Calendar as one, and still allow Commissioner Romano to recuse himself from voting on this item.
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.
2023.5.05 Agenda Item 13 – 23-014, Bearstar Strategies, Stipulation and Exhibit A