Title
Receive Independent Evaluator’s No-Cause Report: Complaint Against City Clerk Mindy Cuppy
End
FileID
File ID: 2025-01438
End
Location
Location: Citywide
End
Recommendation
Recommendation: Pass a Motion: 1) receiving the Independent Evaluator’s No-Cause Report; and 2) either a) adopting the Evaluator's No-Cause Report and the findings therein and dismissing the Complaint and closing the file in this matter without further action or, b) in the alternative, finding sufficient cause exists to warrant an investigation and directing the Independent Evaluator to conduct an investigation of the underlying complaint, pursuant to Section 5.3 of the Sacramento Ethics Commission Procedures; and, if applicable, 3) a) referring the complaint to a department of the City of Sacramento, the California Fair Political Practices Commission (FPPC), or another governmental agency for more appropriate resolution of the allegations in the complaint or enforcement of the applicable provisions of law, b) and directing the City Clerk to send all relevant information about the complaint to the governmental agency to which the complaint has been referred.
End
Contact
Contact: Wendy Klock-Johnson, Assistant City Clerk, (916) 808-5509, wklock-johnson@cityofsacramento.org, Office of the City Clerk
End
Presenter
Presenter: Steven D. Miller, Partner, Hanson Bridgett LLP
End
Attachments
Attachments:
1-Description/Analysis
2-Independent Evaluator’s No-Cause Report
3-Sacramento Ethics Commission Procedures
4-Sacramento Ethics Commission Complaint Workflow
End
Description/Analysis
IssueDetail
Issue Detail: The Sacramento City Council established the Sacramento Ethics Commission (Commission) to review and consider complaints against elected and appointed City officials and to ensure that those officials are conforming their conduct to the City’s laws and policies. The Commission’s organization, powers, and duties are set forth in chapter 2.112 of the Sacramento City Code.
Chapter 2.112 requires, among other things, that the Commission adopt (a) rules and procedures for the conduct of its business, (b) regulations and procedures for investigations and hearings it conducts, and (c) a policy setting forth its standards for imposing penalties and exercising enforcement discretion.
To implement these requirements, the Commission adopted the Sacramento Ethics Commission Procedures (Procedures) on September 23, 2024, which are intended to establish fair and transparent standards for investigating and determining matters before the Commission, thereby ensuring the fair, just, and timely resolution of complaints presented to the Commission with the end of promoting fairness, openness, honesty, and integrity in City government and City elections.
On January 23, 2025, a complaint against City Clerk Mindy Cuppy was submitted through the City’s online portal and was received by the Office of the City Clerk on July 15, 2025 due to technical errors. Pursuant to Section 5 of Procedures, the complaint was referred to the Independent Evaluator (Evaluator) on July 15, 2025, to conduct a Preliminary Evaluation of the allegations, pursuant to Section 5(B) of Procedures. The Evaluator has completed their preliminary evaluation and has submitted the attached No-Cause Report, pursuant to Section 5.2(C) of the Procedures.
“The Commission may adopt the no-cause report and dismiss the complaint. Alternatively, if the Commission decides that, contrary to the no-cause report, sufficient cause exists to warrant an investigation, the Commission may direct the Evaluator to conduct an investigation.” (Procedures, § 5.2(C)(3).)
Additionally, “[t]he Commission may refer the complaint to a City department or to the FPPC or another governmental agency that may more appropriately resolve the allegations in the complaint or enforce the applicable provisions of law. If the Commission so determines, it will direct the City Clerk or City Attorney to send a copy of all relevant information to the department, the FPPC, or the agency along with the referral.” (Procedures, § 5.2(C)(4).)
End
PolicyConsiderations
Policy Considerations: Not applicable.
End
EconomicImpacts
Economic Impacts: Not applicable.
End
EnvironmentalConsiderations
Environmental Considerations: Not applicable.
End
Sustainability
Sustainability: Not applicable.
End
Commission/Committee Action
Commission/Committee Action: Not applicable.
End
RationaleforRecommendation
Rationale for Recommendation: Sacramento City Code Section 2.112 and Section 5 of the Sacramento Ethics Commission Procedures.
End
FinancialConsiderations
Financial Considerations: The cost to the City for the Independent Evaluator to conduct a Preliminary Evaluation of this complaint is $3,500.
End
LocalBusinessEnterprise
Local Business Enterprise (LBE): Not applicable.
End