Legislation Details

File #: 2024-01105    Version: 1
Type: Discussion Item Status: Agenda Ready
File created: 5/10/2024 In control: Ethics Commission
On agenda: 6/24/2024 Final action:
Title: Receive Independent Evaluator's Report and Conduct Hearing Related to a Complaint Before the Sacramento Ethics Commission Alleging a Violation of Chapter 3 (Conduct of Members) and Rule 6.E (Closed Sessions) of the Council Rules of Procedure by Mayor Darrell Steinberg (Noticed 05/29/2024[MC1][MC2])
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Title

Receive Independent Evaluator’s Report and Conduct Hearing Related to a Complaint Before the Sacramento Ethics Commission Alleging a Violation of Chapter 3 (Conduct of Members) and Rule 6.E (Closed Sessions) of the Council Rules of Procedure by Mayor Darrell Steinberg (Noticed 05/29/2024)

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FileID

File ID:  2024-01105

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Location

Location: Citywide

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Recommendation

Recommendation: Conduct a public hearing and upon conclusion: 1) pass a Motion receiving the Independent Evaluator’s Report; and 2) take one or more of the following actions, pursuant to Section 5.5 of the Sacramento Ethics Commission Procedures:

 

a) pass a Motion directing the Evaluator to conduct further investigation and report back to the Commission;

 

b) adopt a Resolution finding that sufficient evidence does not exist to establish that a violation occurred and ordering that the complaint be dismissed;

 

c) adopt a Resolution finding that sufficient evidence exists to establish that a violation occurred and including one or more of the actions authorized by Section 5.6; and/or

 

d) pass a Motion referring the complaint to the FPPC or another governmental agency that may more appropriately resolve the allegations in the complaint or enforce the applicable provisions of law and directing the City Clerk or City Attorney to send a copy of all relevant information to the FPPC or the agency along with the referral.

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Contact

Contact: Mindy Cuppy, MMC, City Clerk, (916) 808-5442, mcuppy@cityofsacramento.org, Office of the City Clerk

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Presenter

Presenter: Christina M. Cameron, Partner, Devaney Pate Morris & Cameron, LLP

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Attachments

Attachments:

1-Description/Analysis

2-Independent Evaluator’s Report

3-Resolution Finding Sufficient Evidence

4-Resolution Not Finding Sufficient Evidence

5-Sacramento Ethics Commission Procedures

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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 Sacramento Ethics Commission Procedures (Procedures) on September 26, 2022, 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 February 12, 2024, a complaint against Mayor Darrell Steinberg was received by the City Clerk. Pursuant to Section 5 of Procedures, the complaint was referred to Steven D. Miller of Hanson Bridgett, LLP, as the Independent Evaluator (Evaluator) on February 20, 2024, to conduct a Preliminary Evaluation of the allegations, pursuant to Section 5(B) of Procedures. On February 20th, the Evaluator subsequently informed the City Clerk that Mayor Steinberg is a former employee of Hanson Bridgett. Based upon Mayor Steinberg’s prior employment, Mr. Miller informed the Clerk’s Office that Hanson Bridgett was recusing itself as the Evaluator in this matter, pursuant to Section 2.4 of Procedures.

 

Due to Hanson Bridgett’s recusal as the Evaluator, the City Clerk’s Office re-referred complaint under Section 2.4 of Procedures on February 20th to Christina M. Cameron of Devaney Pate Morrison & Cameron, LLP, as the Alternate Independent Evaluator (Alternate Evaluator) to conduct a Preliminary Evaluation of the allegations, pursuant to Section 5(B) of Procedures. Based on the Preliminary Evaluation, the Alternate Evaluator determined that sufficient cause exists to warrant a full investigation of the complaint. On April 22, 2024, pursuant to Section 2.4 of Procedures, the Alternate Evaluator asked for a 3-week extension to complete their investigation, which was granted by the City Clerk on April 23, 2024. Pursuant to Sections 5(C) and 5.3 of Procedures, the Alternate Evaluator conducted a full investigation and submitted the attached Evaluator’s Report.

 

The City Clerk received the Evaluator’s Report from the Alternate Evaluator on May 9, 2024. Pursuant to Section 5.4 of Procedures, the City Clerk set a hearing for the earliest practical date of June 24, 2024, for the Commission to take one or more actions under Section 5.5 of Procedures upon consideration of the Evaluator’s Report.

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PolicyConsiderations

Policy Considerations: Not applicable.

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EcononmicImpacts

Economic Impacts:  Not applicable.

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EnvironmentalConsiderations

Environmental Considerations:  Not applicable.

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Sustainability

Sustainability: Not applicable.

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Commission/Committee Action

Commission/Committee Action: Not applicable.

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RationalforRecommendation

Rationale for Recommendation: Sacramento City Code Section 2.112 and Section 5 of the Sacramento Ethics Commission Procedures.

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FinancialConsiderations

Financial Considerations: Not applicable.

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LocalBusinessEnterprise

Local Business Enterprise (LBE): Not applicable.

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