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Enforcement division launches review of Ethics Commission enforcement regulations
Summary
Enforcement staff said the commission will begin a multi-month project to revise enforcement regulations—first adopted in the late 1990s—to clarify hearing procedures and align rules with recent practice.
Zach D’Amico, senior investigator in the enforcement division, told the Ethics Commission on Jan. 17 that staff will begin a roughly six‑month project to revise the commission’s enforcement regulations to reflect current practices and remove ambiguities.
D’Amico said the enforcement regulations were adopted in the late 1990s and have been amended 11 times, most recently in 2018, but that increased use of the probable‑cause and hearing processes has revealed gaps and inconsistencies. Proposed revisions will include clarifications about hearing mechanics (for example, appointment of pre‑hearing and hearing officers and the order of questioning witnesses), alignment with other laws, and removal of contradictory language.
The enforcement division plans at least one round of interested‑party meetings and is coordinating with the City Attorney’s Office on meet‑and‑confer requirements. Staff said it aims to bring final proposed amendments to the commission by the end of the fiscal year (June). Commissioners welcomed the project and noted lessons from a recent full hearing would inform the revisions.
D’Amico said the review is intended to provide clearer guidance to staff, respondents and commissioners and to reduce procedural uncertainty in contested enforcement matters.
