Commission debates seeking independent legal counsel and charter change

Commissioners debated whether the Ethics Commission should pursue independent legal counsel separate from the City Attorney's Office. Several commissioners argued that, because the commission investigates city officials and refers matters to the city attorney, an independent counsel model (citing San Diego) would avoid conflicts of interest and strengthen public confidence. Chair Keane and others said they plan to pursue a charter amendment as a long-term solution.

Deputy City Attorney Andrew Shen and city attorney staff argued the benefits of having a single source of legal advice for city agencies — a consistent baseline of interpretation — and noted that the City Attorney's Office has provided candid advice in the past. Staff and some commenters suggested interim or pragmatic steps that do not require a charter amendment: the city attorney could designate funds for the commission to hire outside counsel for particular matters or agree to provide independent counsel in limited situations. Several speakers urged staff to draft a proposal or a letter to the city attorney outlining options.

The commission directed staff to research legal and structural options — including the San Diego model and the mechanics of changing the charter — and to return with a proposal that could be taken to the Board of Supervisors and, if necessary, placed on the ballot. Commissioners also asked staff to prepare transcripts and records related to recent city attorney oral advice on a planning commission matter so the commission can better evaluate whether counsel’s advice was written or oral and whether privilege applies.