Ethics Commission adopts 90‑day suspension policy for cases with parallel criminal inquiries

The San Francisco Ethics Commission adopted a formal policy to guide how the agency handles requests from prosecutors to suspend administrative investigations while criminal inquiries proceed.

Staff presented a policy proposal, prompted by Commissioner Kopp’s suggestion, to suspend administrative investigations for 90 calendar days when the district attorney or city attorney requests delay. The draft sets a 90‑day default suspension so prosecutors can begin criminal inquiries while preserving investigation integrity; staff said the pause protects evidence and witness memory but should not become indefinite.

Commissioners debated two changes: adding explicit language that staff would “resume such investigation” after 90 days unless the Executive Director determines otherwise, and clarifying whether the Executive Director (rather than the full commission) should retain authority to accept or decline suspension requests because the commission does not direct investigations. Staff and several commissioners agreed to preserve flexibility for the Executive Director to decline a suspension for good cause, and to report to the commission when a suspension is implemented.

After public comment and refinement of the language, the commission voted unanimously to adopt the policy as amended. The adopted approach makes concurrent (parallel) investigative work the default, with a 90‑day suspension on request but with an explicit caveat that the Executive Director may determine otherwise and will inform the commission of any suspensions.