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LWV League of Women Voters of California Education Fund
Smart Voter
San Francisco County, CA November 8, 2005 Election
Proposition C
Ethics Commission Budget and Outside Counsel
City and County of San Francisco
Budget Process - Simple Majority

Fail: 81,672 / 40.30% Yes votes ...... 120,968 / 59.70% No votes

See Also: Index of all Measures
Information shown below: Summary | Yes/No Meaning |

Shall the City create a new budget process for the Ethics Commission that alters the role of the Mayor, and authorize the Commission to hire outside counsel under certain circumstances?

Summary Prepared by the Ballot Simplification Committee:
THE WAY IT IS NOW: The Ethics Commission is subject to the same budget process as most other City departments. The Mayor proposes an annual budget in consultation with the department. The Board of Supervisors may change the budget before approving it. The Mayor may cut spending added by the Board. The Board may, by two-thirds vote (66.7%), restore the spending cut by the Mayor.

The City Attorney is the legal advisor to the Ethics Commission. If the Commission believes that the City Attorney has a conflict of interest in a specific matter, the Commission may hire outside counsel if:

  • The City Attorney consents; or

  • A retired judge determines that there is in fact a conflict.

THE PROPOSAL: Proposition C is a Charter amendment that would change how the Ethics Commission budget is set. The Commission and Controller would set a baseline budget. They would consider the funding of similar agencies in other cities and the workload of the San Francisco Ethics Commission. Each year, the Commission would propose a budget to the Mayor at or above the baseline amount. Under this proposition the Mayor could not revise the proposed budget but could recommend changes to the Board of Supervisors. The Board could increase or decrease the Commission's budget before approving it. The Mayor could not cut spending added by the Board. The Commission would review its baseline budget every three years.

Proposition C would also authorize the Commission to retain outside counsel to advise the Commission on any audit, fine, penalty or complaint involving the City Attorney or an employee of the City Attorney's office. Consent of the City Attorney or a determination by a retired judge would not be required. If the Commission believed that the City Attorney had a conflict of interest in other matters, consent of the City Attorney or a determination by a retired judge would still be required.

Meaning of Voting Yes/No
A YES vote on this measure means:
If you vote "yes," you want to:
  • Create a new budget process for the Ethics Commission that limits the role of the Mayor; and
  • Authorize the Commission to hire outside counsel when the City Attorney or an employee of the City Attorney is the subject of a Commission audit, fine, penalty or complaint.

A NO vote on this measure means:
If you vote "no," you do not want to make these changes.

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Created: January 28, 2006 14:45 PST
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