PLEASE JOIN STAFF from the Enforcement Division of the San Francisco Ethics Commission (“Commission”) to share your thoughts on potential amendments to strengthen and improve the Commission’s Enforcement Regulations. The two meetings will each have the same agenda, and participants are welcome to attend one or both meetings.
- 1st Interested Persons Meeting: March 4, 2025 (Tuesday) – 2:30 PM to 4:00 PM (Pacific Time)
- 2nd Interested Persons Meeting: March 6, 2025 (Thursday) – 11:30 AM to 1:00 PM (Pacific Time)
These meetings will be conducted remotely via Webex. If you would like to attend, please RSVP by sending an email to bertha.cheung@sfgov.org. Following your RSVP, you will be provided with links to the meetings via email during the week of the meetings.
The Commission also welcomes written comments, which can be sent via email to bertha.cheung@sfgov.org, or via U.S. mail to San Francisco Ethics Commission, 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102.
OVERVIEW
Since the Enforcement Regulations were implemented on July 5, 1997, the Commission has adopted amendments once. The regulations have not been updated since March 19, 2018. In light of the Commission’s recent experiences with probable cause proceedings and administrative hearing processes, and because the Commission has not updated the regulations in nearly seven years, staff will be soliciting feedback on ideas to potentially strengthen and clarify the following aspects of the Enforcement Regulations:
- Strengthening the process relating to filing a complaint with the Commission (Section 3): Discussion of potential methods for strengthening the process for filing sworn complaints, including permitting the Director of Enforcement to exercise discretion in those cases where the complaint clearly does not describe any potential violation of law within our jurisdiction.
- Strengthening the preliminary review process (Section 4): Discussion of potential methods for strengthening the preliminary review process, including adding language to permit the Enforcement Division to re-open cases that were dismissed or closed upon discovery of new facts or evidence.
- Strengthening the investigation process (Section 5): Discussion of ways to strengthen the Enforcement Division’s investigation methods and protocols, including ways to modify the current position with respect to subpoena enforcement.
- Clarifying page limitations and format requirements (Section 6): Discussion of potential methods for clarifying page limitations and format requirements, including increasing the page limitations for probable cause reports and hearing briefs.
- Strengthening the process relating to probable cause proceedings (Section 7): Discussion of potential methods for strengthening the probable cause proceedings process, including ways to facilitate the overall efficiency of the probable cause process.
- Clarifying pre-hearing matters (Section 8): Discussion of potential methods for clarifying pre-hearing matters, including delineating between appointment and operation of a pre-hearing officer and a hearing officer, outlining the process for appointment of the pre-hearing officer and pre-hearing matters before the pre-hearing officer, and revising notice requirements for hearings on the merits.
- Clarifying matters for hearings on the merits (Section 9): Discussion of potential methods for clarifying matters for hearings on the merits, including providing a timeline for stipulated exhibits, adding more details on the structure of hearings and the process for introducing and authenticating evidence, examining witnesses, offering objections, and submitting findings of fact and conclusions of law.
For questions about the upcoming Interested Persons Meetings, or to RSVP, please contact bertha.cheung@sfgov.org.
We welcome your input and look forward to hearing from you.