San Diego City Ethics Commission:

The Grand Jury finds that: The same elected officials who may be subject to an Ethics Commission investigation (City Council members and the City Attorney) nominate the people who may ultimately be called upon to conduct investigations of the nominators or cite them for violations.

The Grand Jury finds that: The seven Ethics Commissioners should be appointed by the Mayor from a pool of City of San Diego citizens nominated by a panel of retired judges or chosen through some random process. B. One of the current Ethics Commissioners is an attorney. Either he or his law firm has represented a business with extensive dealings involving City projects and partnerships. The Grand Jury finds that:

The Grand Jury finds that: Political party affiliation is not an appropriate criterion for a non-partisan commission. The Ethics Commissioners should be appointed for their integrity, not their party affiliation. a. Of the seven original Commissioners three are registered Democrat, three are registered Republican and one is registered Non-Partisan.4 b. It will be difficult for the Mayor to replace Commissioners while keeping in mind the “diverse” roles that must be filled without sacrificing the most qualified nominees. This is a problem that is presently facing the Mayor. Recently, one of the Ethics Commissioners was appointed to the Superior Court bench requiring her resignation from the Ethics Commission. Since she was a registered Democrat, no Republican can be considered as a replacement. That eliminates approximately 45 percent of San Diego residents from consideration for the position. This situation becomes more acute if the one Non Partisan commissioner would have to be replaced. No Republican or Democrat could be chosen as a replacement, so approximately 90 percent of San Diego residents would be disqualified to fill this position.5 c. A qualification for membership on the Ethics Commission is that “each Commissioner shall be a qualified elector of the City of San Diego.” [San Diego Municipal Code §26.0406] 4. “A person who has held elective governmental office” [San Diego Municipal Code §26.0404] should not be one of the criteria for appointment to the Ethics Commission. I. The City Attorney is both a nominating authority and subject to investigation by the Ethics Commission. In addition he is also the legal counsel to the Mayor, and the City Council.6 Because of conflicts, the City Attorney should not serve as legal counsel for the Ethics Commission, as he currently does. According to information obtained from San Diego County Registrar of Voters, 4 February 2003. For the sake of the example, we assume that 45 percent of the registered voters are Democrat, 45 percent are Republican, and 10 percent are others. The City of San Diego City Attorney’s website, 12 February 2002, http://genesis.sannet.gov/infospc/templates/attorney/aboutoffice.jsp “The City Attorney serves San Diego as the chief legal advisor and misdemeanor prosecutor. . . .the City Attorney provides legal guidance and support for elected City officials, City departments, and boards and commissions; represents the City before judicial and administrative bodies in Civil proceedings; and prosecutes misdemeanor crimes.” 5