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Enforcement update: Ethics Commission reports training, rising complaints in 2018 and staffing steps to address backlog
Summary
Enforcement staff reported a whistleblower-training partnership with the state, noted preliminary-review complaints fell to 82 while overall filings rose to 160 in 2018, and described recent hires and possible priority-setting to reduce case age.
Enforcement staff told the San Francisco Ethics Commission that the office has begun using lessons from a state Labor Commissioner training to refine whistleblower-protection investigations and that caseload numbers show both recent improvement and a multi-year increase in complaints.
An enforcement lead summarized last week's training with the State Labor Commissioner's office and said it covered investigative methods and how the state frames retaliation claims, including "anticipatory retaliation" that can occur before protected activity. The presenter said the training helped staff consider a broader view of retaliation and investigation techniques.
Staff reported operational statistics to commissioners: "in March of this year, we have now 82" matters in preliminary review (down from 91 the prior month), and the number of matters under investigation decreased from 90 to 84. Staff said the commission received 160 complaints in 2018, an increase of about 60 percent from prior years, and that the average investigation timeline is leveling at roughly 15 months.
Commissioners and staff discussed staffing and procedural options to reduce delays. Staff noted a recent internal promotion to senior investigator (creating a new vacancy) and described potential remedies including setting commissioner priorities for enforcement focus or exercising greater prosecutorial discretion to shorten timelines.
Public commenters criticized the enforcement record under prior leadership and urged the commission to rebuild public trust. One commenter who identified himself as Douglas Gap/Yap/Yip said the whistleblower process discourages many filers and urged the commission to make records and outcomes clearer so complainants have faith in the system.
Commissioners invited staff to complete internal process reviews and return with recommended priority-setting options and other measures to reduce the age of pending matters. The commission also approved the February minutes earlier in the meeting.
