Title
Receive Independent Evaluator’s Report and Conduct Hearing Related to a Complaint Before the Sacramento Ethics Commission Alleging a Violation of the Levine Act and of the City of Sacramento Municipal Code Campaign Contribution Limits by Mayor Kevin McCarty (Noticed 08/13/2026)
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FileID
File ID: 2026-01361
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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 Fair Political Practices Commission (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, City Clerk, (916) 808-5442, mcuppy@cityofsacramento.org, Office of the City Clerk
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Presenter
Presenter: Trevor T. Taniguchi, Senior Associate, Hanson Bridgett LLP
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Attachments
Attachments:
1-Description/Analysis
2-Independent Evaluator’s Report
3-Exhibits to Independent Evaluator’s Report
4-Resolution Finding Sufficient Evidence
5-Resolution Not Finding Sufficient Evidence
6-Sacramento Ethics Commission Procedures
7-Sacramento Ethics Commission Complaint Workflow
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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 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 March 19, 2026, a complaint against Mayor Kevin McCarty was received by the City Clerk. Pursuant to Section 5 of Procedures, the complaint was referred to the Independent Evaluator (Evaluator) on March 27, 2026, to conduct a Preliminary Evaluation of the allegations, pursuant to Section 5(B) of Procedures. Based on the Preliminary Evaluation, the Evaluator determined that sufficient cause exists to warrant a full investigation of the complaint.
The City Clerk received the Evaluator’s Report on May 29, 2026. The Sacramento Ethics Commission initially heard the item on June 22, 2026, and continued the item to the next regularly scheduled commission date so that the item can be properly noticed as a hearing.
Pursuant to Section 5.4 of Procedures, the City Clerk set a hearing for the earliest practical date of August 24, 2026, 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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EconomicImpacts
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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RationaleforRecommendation
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: The cost to the City for the Independent Evaluator to conduct and present the investigation into this complaint is estimated at $23,000.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Not applicable.
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