June 9, 2025
To: Members of the Ethics Commission
From: Olabisi Matthews, Director of Enforcement
Bertha Cheung, Senior Investigator & Legal Analyst
Subject: Agenda Item 09: Discussion and Possible Action regarding Hearing on the Merits In the Matter of William Walker, Case No. 2223-507
Summary
This memorandum provides information regarding the current status of the case, In the Matter of William Walker, Case No. 2223-507 and a request for possible action on certain prehearing matters ahead of the Hearing on the Merits which has been duly noticed to parties and is scheduled for July 11, 2025.
Background
During the Commission meeting on April 11, 2025, the Enforcement Division presented and made specific recommendations with respect to six action items regarding certain preliminary matters, including:
- The Commission must decide who presides over preliminary matters
- The Commission should vote to set a deadline for the parties to submit motions to whomever is presiding over preliminary matters
- The Commission should identify a way for parties to submit motions to whomever is presiding over preliminary matters
- If the Commission appoints an individual to preside over preliminary matters, the Commission should identify the process for the full Commission to review any disputed procedural determinations
- The Commission may decide on who will preside over the hearing on the merits
- The Commission may determine the way the findings of fact and conclusions of law are to be presented depending on who will preside over the hearing on the merits
The Commission decided and voted on items (4), (5), and (6) and adopted the recommendations outlined in the April 11, 2025 memo.
While items (1), (2), and (3) remain to be resolved by the Commission, the Enforcement Division recognizes the importance of resolving this matter in the fairest and most efficient way possible and has continued to take active steps to reach a resolution with Respondent. Over the past few weeks, Enforcement Staff engaged in multiple discussions with Respondent in an effort to reach a stipulated settlement agreement with Respondent. Although parties were unable to resolve the matter through a Stipulation because Respondent prefers to present his side of the matter before the Commission, parties agreed to mutually request that the Executive Director schedule the hearing on the merits for July 11, 2025, the next Commission meeting.
This matter is able to proceed to the hearing on the merits stage without any need to resolve the outstanding preliminary matters because Enforcement Staff confirmed that both parties do not intend to request formal consideration of preliminary matters and will not be submitting any motions for consideration. Enforcement Staff also agreed to accommodate Respondent’s request to provide a follow-up telephone call to Respondent whenever a time-sensitive notice or documentation related to the hearing on the merits is sent to him via email.
As such, on May 29, 2025, parties made a request to the Executive Director to schedule the hearing on the merits for July 11, 2025. The Enforcement Regulations provides that the Executive Director will schedule the hearing on the merits and deliver the notice of such hearing to each respondent at least 30 calendar days prior to the commencement of the hearing. The Notice of the hearing was delivered to Respondent on June 3, 2025.
Additionally, as required by the Enforcement Regulations, the Enforcement Division shall submit a Hearing Brief and accompanying materials to all Commissioners and Respondent via email by June 11, 2025, 30 calendar days prior to the hearing on the merits, and followed up with a telephone call to Respondent informing him of the delivery of such documents. Respondent may submit a Responsive Brief no later than June 26, 2025, 15 calendar days prior to the hearing. Should Respondent submit a Responsive Brief, the Enforcement Division’s Rebuttal Brief would be due no later than July 6, 2025, 5 calendar days prior to the hearing on the merits. However, because July 6th falls on a Sunday, the Rebuttal Brief may be submitted no later than July 7, 2025.
The Enforcement Hearing Guidebook and the Stage Three of the Checklist provide fuller details about the hearing process, including the procedure for presentation of the case by each party and the Commission’s findings of fact and conclusions of law.
Actions Requested
The Commission may take any action it deems necessary to ensure a fair and efficient hearing on the merits in this matter. The Commission is, however, not required to take any action at this time as no preliminary matters need to be resolved. The hearing on the merits has been scheduled for July 11, 2025, and no preliminary matters need to be resolved.