Pomona Ethics Commission

 

It was one year ago today, November 8, 2022 when Pomona voters were presented with 8 proposed charter amendments from the citizen's charter review commission. Among them was a revamping of the Police Commission, establishment of a Citizen's Redistricting Commission, term limits for city elected officials, campaign finance reforms, primary elections, various charter cleanup, and the establishment of a Pomona ETHICS COMMISSION.

So after a year, how is it going with the Ethics Commission?

The bad news is that the city has yet to form the commission . . . after a full year. Why? Hmmm.

It's interesting that when a tax measure or new law is passed, it is implemented either on the first of the year after the election OR at the start of the next fiscal year. So why is something that should have been a very easy set up took a year? A good question. I guess over 60% of voters asking for something doesn't create a priority to actually do something.

The good news is that the ordinance has been written and approved and the 90 day adoption period has ended so the city is now recruiting for members to serve on the commission. You can fill out the form found here, and email it to the city clerk or take it into city hall no later than November 20.

So what is the Ethics Commission and what does it do?

The Ethics Commission is described in the charter as:

Sec. 807. - Ethics Commission

The Pomona City Council shall, by ordinance, establish an Ethics Commission which shall be responsible for:

 

(a)   Monitoring and advising on applicable governmental ethics laws as set forth in State law, this Charter or City ordinance, regulation or policy, including but not limited to campaign finance limits and disclosure, nepotism, lobbying, conflict of interest and open meeting laws, to assure fairness, openness, honesty and integrity in City government, including compliance by the City of Pomona, its elected officials, officers, employees, boards and commissions with said laws, regulations or policies.

 

(b)   Education and responding to issues regarding the aforementioned laws, regulations, and policies; and

 

(c)   Impartial and effective administration and implementation of programs to accomplish the goals and purposes of the Commission as defined by this Section.”

The way the ordinance implementing this section of the charter was written, the following is how it is organized.

The Commission shall consist of seven (7) members who shall be appointed in accordance with Section 80I of the Pomona City Charter whereby the Mayor and each Councilmember shall appoint one Commissioner.

 

Sec. 2-803. - Duties and Responsibilities.

The Commission shall have the powers, duties and responsibilities set forth in this Division 8 and elsewhere in the City Charter which provides that the Commission shall monitor and advise on applicable governmental ethics laws as set forth in State law, the City Charter or City ordinance, regulation or policy, including but not limited to campaign finance limits and disclosure, nepotism, lobbying, conflict of interest and open meeting laws, to assure fairness, openness, honesty and integrity in City government, including compliance by the City of Pomona, its elected officials, officers, employees, boards and commissions with said laws, regulations or policies; and 2) educate and respond to issues regarding the aforementioned laws, regulations, and policies.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Ordinance, and shall cause same to be posted as required by law and this Ordinance shall take effect thirty (30) days after its final adoption.

SECTION 5. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Pomona hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

 

PASSED, APPROVED AND ADOPTED this 18^1h day of September, 2023.

So I'm interested in serving on the commission, what will I have to do?

I anticipate that the commission would begin by meeting once a month and developing a schedule for how often it should meet, a chair person, and certain other guidelines.

For transparency, I personally have submitted an application for a position on the commission. So if I'm appointed, these are certainly what I will be striving for, if not, I'll probably be there to, as a citizen, "assist" the commission in understanding the thoughts of the Charter Review Commission who put this forward.

First, a review of all ethics documents pertaining to city elected officials, staff, employees, and members of city boards and commissions. This will include the city ethics code as well as the charter, state and local laws governing ethics.

Setting up a process for how citizens might bring perceived ethics lapses to the attention of the commission and how they may review such cases. While, the way the commission is set up, it is an advisory commission to the mayor, council, and city manager. This means that after review of a perceived lapse, we will make a recommendation to the appropriate next level with suggested action. In some cases, this might include a referral to the district attorney or the State Political Fair Practices Commission. None of this will preclude the commission recommending that the citizen take it to the appropriate enforcement agency on their own.

Another area that the commission will be responsible for is ethics education. This might include preparation of educational materials for ethics training and perhaps training classes themselves. The commission might also create a city-wide "Code of Ethics," and recommend its adoption by the city council.

This only touches on what the commission can and should be. It has the potential to be a powerful tool to ensure ethical behavior in our city, OR it can become another do-nothing commission who city politicians and staff can point to as cover for lapses. It will be up to the commission which is why the first commission, which will set the precedent for the future is so important.

PLEASE: APPLY TODAY and be part of a needed solution.