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Ethics staff outline wide-ranging enforcement-regulation revisions; commissioners and public raise concerns about sunshine, fines and reopening rules
Summary
Ethics staff presented a red-lined draft of amendments to the commission’s enforcement regulations on July 11, proposing changes that include a formal good-cause definition for extensions, delegation of probable-cause drafting, limited reopening authority for newly discovered evidence and a ban on using donor or legal-defense funds to pay assessed penalties.
San Francisco Ethics Commission staff on July 11 presented proposed, red-lined amendments to the agency’s enforcement regulations intended to clarify deadlines, tighten procedures and adapt practices the enforcement division has been using in recent years.
Director of Enforcement Matthews said the revisions were designed to "promote a clearer, more consistent, fair and efficient enforcement process," and outlined proposals including: a clear "good cause" standard for deadline extensions; a rule that if filing deadlines fall on a weekend or holiday filings are due the next business day; explicit authority for the executive director (or designee) to prepare or sign probable-cause determinations; a limited ability for the commission to reopen closed matters when newly discovered material facts surface; a clarification that investigative evidence gathered prior to a probable-cause determination may be offered at hearing; and language to make clear the…
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