November 4, 2024
To: Members of the Ethics Commission
From: J. Olabisi Matthews, Director of Enforcement
Subject: AGENDA ITEM 6: Discussion and Possible Action Regarding Proposed Stipulation, Decision and Order In the Matter of Mayor Mark Farrell for Yes on Prop D, Mark Farrell for Mayor 2024, Mark Farrell, and Roy Herrera
_____________________________________________________________________________________
Summary
This memorandum provides information regarding the Proposed Stipulation appearing in this agenda item and what the Commission may do next regarding this Proposed Stipulation.
Action Requested
The Commission may approve the Proposed Stipulation by majority vote, or it may provide guidance to Commission Staff regarding the Proposed Stipulation.
Regulatory Background
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).
Per the request of the Commission that all Proposed Stipulations be placed on the Regular Calendar for possible discussion, this Stipulation appears on the Regular Calendar for possible discussion and action. The Commission may approve the stipulation by majority vote, or it may provide guidance to Commission Staff regarding the Proposed Stipulation. Enf. Reg.§ 12(F).