Item 20: Ethics Review Commission (ERC) of Annual Financial Disclosure Statements

[COSM_Admin]

Consider approval of Ordinance 2022-92, on the first of two readings, amending the San Marcos Code of Ethics to add provisions relating to review by the Ethics Review Commission (ERC) of Annual Financial Disclosure statements submitted by City Council members, Planning and Zoning Commissioners, and the four city council appointees; requiring periodic review by the ERC of Campaign Finance Reports to determine compliance with the individual contribution limit and aggregate fund-raising limits set by the Code; and providing an effective date.

 

[JHughson]

2.4631 Review of financial disclosure statements
(c) Upon receipt of a request from the Commission under the preceding subsection, the officer or employee shall either file a corrected financial disclosure statement with the city clerk or submit a written reply to the Commission within thirty (30) calendar days.
How will the Commission know that a corrected statement has been turned in?

Sec. 2.469. Review of individual and aggregate campaign contributions
What will the Commission do if they find a violation?
Will there be a complaint process whereby a citizen can make note of a perceived violation that will go to the ERC?
When will this review be done? There is a schedule by which campaign reports must be turned in.

 

[COSM_Admin]

Responses provided by Michael Cosentino, City Attorney:

2.4631 Review of financial disclosure statements
(c) Upon receipt of a request from the Commission under the preceding subsection, the officer or employee shall either file a corrected financial disclosure statement with the city clerk or submit a written reply to the Commission within thirty (30) calendar days.
How will the Commission know that a corrected statement has been turned in?
Corrected statements are sent to the City Clerk and forwarded to the Commission for review at the next available ERC meeting.

Sec. 2.469. Review of individual and aggregate campaign contributions
What will the Commission do if they find a violation?
The violation would be noted in the meeting minutes of the ERC. A signed and sworn complaint is required under the Code of Ethics for the Commission to take action on any violation of the San Marcos Code of Ethics.

Will there be a complaint process whereby a citizen can make note of a perceived violation that will go to the ERC?
Same response

When will this review be done?
The draft ordinance provides for this to be done at least once per year. Council may wish to discuss this and suggest more detailed language as an amendment from the dais for consideration on second reading.