The Board of Ethics is responsible for enforcing the City’s Public Integrity Laws and is required to include information concerning its enforcement activities in its Annual Report.
The Board’s Executive Director can initiate an investigation either upon receipt of a complaint or a referral or if he determines that a potential violation of a law within the Board’s jurisdiction has occurred. Upon completion of the investigation, if the Executive Director finds probable cause to believe a violation has occurred, he can initiate an enforcement action. If, after conducting an investigation, the Executive Director does not find probable cause, he will terminate the investigation. Similarly, the Executive Director will reject a complaint that does not state a potential violation of a law within the Board’s jurisdiction.
At any point, the Executive Director can seek to resolve a matter through a settlement agreement. In a settlement agreement, subjects of enforcement admit to violations and, in most cases, agree to pay a civil monetary penalty. All settlement agreements must be approved by the Board.
The table below summarizes the Board’s investigation and enforcement activity since 2007.
In FY2020 , Board Enforcement staff terminated six investigations after determining that probable cause did not exist to believe a violation had occurred. Of those investigations, five involved potential violations of the City’s Campaign Finance Law and one involved a potential violation of the City Ethics Code’s prohibition on representation.
In FY2020, the Board approved twelve settlement agreements. Ten of the agreements addressed violations of the City’s Campaign Finance Law, including the failure to file campaign finance reports, material misstatements and omissions in campaign finance reports filed with the Board, and excess campaign contributions. Two of the agreements settled violations of the Home Rule Charter’s political fundraising restrictions.
In FY2020, parties to settlement agreements agreed to pay a total of $38,350 in civil monetary penalties. In addition, in FY2020, parties to settlement agreements concerning excess contributions accepted by candidates for City elective office agreed to disgorge to the City $12,125.
Lastly, in FY2020, parties to settlement agreements also agreed to take remedial action such as attending ethics or campaign finance training, amending campaign finance reports filed with the Board, and enhanced monitoring by Board Enforcement Staff.
All of the Board’s settlement agreements are available on the Board’s website.
In FY2017, the Board implemented procedures to efficiently resolve violations arising from the late filing of campaign finance reports with the Board. The procedures expedite and simplify the assessment of penalties for the late filing of campaign finance reports, except in certain delineated cases. Descriptions of the procedures can be found on the Board’s website.
In FY2020, Board Enforcement Staff used these procedures to collect $19,700 for the City from 14 filers that did not timely file campaign finance reports with the Board in 2019 Cycles 4, 5, 6, or the 24 Hour reporting period. Board staff routinely updates the penalties list on the Board’s website, which includes late filers from FY2017-FY2020.