San Diegans could vote for harsher penalty on ethical violations

San Diegans could vote for harsher penalty on ethical violations

Among other changes, City attorney Mara Elliott is proposing an increase to the penalty for ethics violations, which is now capped at $5,000.

SAN DIEGO — There is a push underway to makes changes to the city of San Diego’s Ethics Commission. It’s a move that’s receiving some pushback.

San Diego City attorney Mara Elliott is making her case as to why she believes penalties for ethics violations should be raised and why the commission should have more autonomy. 

The city’s Ethics Commission serves as the public watchdog, making sure that elected officials, as well as anyone working with the city – like developers or lobbyists – are playing by the rules. 

On Thursday, City attorney Mara Elliott testified before the Commission, saying that changes need to be made to make this body stronger and more independent. 

“I think we should be doing everything we can to protect the public’s confidence in the integrity and work of this group,” Elliott said during her testimony.

One of the suggestions made by Elliott, who is terming out of office at the end of this year, is to increase the fines imposed for violating ethics laws.

The current fine, established in 2001, is capped at just $5,000.

“So why not just roll the dice and see if you get caught, and if you do get caught, it’s a small price to pay,” Elliot said.

She also wants to change the way the members of this seven-member board are selected.

Instead of the City Council, which the Ethics Commission regulates, Elliott is suggesting a committee of three retired judges.

“In my opinion, none of us should be making that appointment,” Elliott told CBS 8. “We should step away from that because it just doesn’t look right, and I want us to build the public’s trust.” 

Elliott is also pushing for the Commission to have more independence, including the ability to initiate an investigation without first having to get the approval of the board, which can often take time.

“In the meantime, somebody is pulling out the shredder or they are covering their tracks,” she added, “because usually word gets out that there’s some kind of enforcement action happening, some type of an investigation. I don’t like the idea of that time passing.” 

Elliott’s proposals did receive some questions. as well as pushback during public comment. at the Commission meeting.

“I have a great concern about an elected official being the originator of those recommendations,” said political consultant Ryan Clumpner. “You all should be making those recommendations because you are the independent body and the council waits for you to make a recommendation to them, and they should be your recommendations.”

“I don’t agree with that at all,” Elliott later said. “Our municipal code allows me to being forth these proposals without any input from the ethics commissions at all.” 

“I can’t understand why somebody would not want the City attorney to flag potential ethical concerns for further review and possible change,” she added.

For some of those changes to be made, San Diego voters would have to decide in a ballot measure, which – if ultimately approved by the City Council – could end up on this November’s ballot. 

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