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City Attorney proposes voters decide on stronger, independent Ethics Commission
Summary
City Attorney Mara Elliott presented a charter amendment to create an independent Ethics Commission (new Section 41.3), removing council control over the commission's structure and investigative procedures; the council voted to put the measure on the Nov. 5 special election ballot.
City Attorney Mara Elliott told the City Council that the proposed charter amendment would create a stand-alone Ethics Commission (Section 41.3) and remove the Council’s ability to eliminate or diminish the commission by ordinance. "The Council could not eliminate the Ethics Commission or diminish its authority by ordinance," Elliott said, listing changes that would let the commission appoint its executive director without Council confirmation and govern subpoena and investigative processes.
Elliott said the package grew out of work first introduced in September 2023 and was refined after feedback from the Ethics Commission and the Rules Committee. She said the proposal would also ensure the commission has sufficient resources to carry out its charter responsibilities and allow the executive director to divulge evidence of possible unlawful conduct to other agencies during an investigation.
During public comment, several callers praised the idea of an independent oversight body and urged retention of virtual participation that helped members of the public follow proceedings. Council President Pro Tem Lacava praised the refinement of the proposal and moved subitems A and B to place a ballot measure before voters and to direct staff to prepare the ballot title, impartial analysis, and fiscal impact work. Councilmember Campio seconded the motion.
The council passed the motion to submit the charter amendment to voters at the municipal special election on Nov. 5, 2024. The clerk confirmed the motion passed unanimously, 7–0 (Council Members Von Wilpert and Moreno absent). The Council also directed staff to prepare the required ballot materials and fiscal analysis.
What happens next: If the council-adopted ordinance and resolution are filed as directed, voters will decide on the charter amendment on Nov. 5; the City Attorney and supporting offices will prepare the ballot title, summary, impartial analysis, and fiscal impact materials for publication and review.
