By Donald H. Harrison
SAN DIEGO – San Diegans interested in good, clean government and ethical campaigns may apply through the office of their San Diego City Councilmember or the City Attorney for a vacant spot on the 7-member City Ethics Commission, Sharon Spivak, the commission’s executive director, has reported.
Councilmembers and the city attorney are tasked with nominating candidates to serve on the independent Ethics Commission, with the actual appointment to be made by the mayor with the approval of a majority of the City Council
Spivak said that the vacancy on the commission was caused by the recent resignation of Thomas Hebrank for undisclosed reasons from his term that runs through June 30, 2025. After that date, the person appointed to the position would be eligible to serve two consecutive 4-year terms, she said.
Spivak said that commissioners and five staff members, including herself, carefully watch candidates for city offices and elected city officials to make certain the rules are followed for above-board campaigns and interactions with lobbyists.
Her staff is involved with pro-active education, dispensing technical legal advice, enforcement of city ordinances affecting the political process, issuance of fines and penalties, devising recommendations for future legislation in the field of political ethics, and auditing the financial reports of campaign committees.
Spivak has been a multi-tasker from way back. She attended law school at night, while serving as a reporter for the now defunct Evening Tribune by day. After passing the California Bar in 1995, she went to work for the private Gray, Cary law firm. In 2006, she joined the San Diego City Attorney’s office where ethics cases were a principal responsibility. After the City Ethics Commission was created, she was appointed in 2020 to lead its staff.
Before you jump on the phone to call your city council member, here are some rules that govern the appointment process.
San Diego’s Municipal Code requires that only three members of the 7-member commission may be members of the same political party, and that at least two members shall have been a candidate for elective office, or held a high-ranking position such as treasurer of a political campaign. The exception is that former candidates shall not have run against present city councilmembers or the present city attorney. Candidates usually must be residents of the City of San Diego, or in the case of someone deemed exceptionally well-qualified, the candidate may live in San Diego County outside the city limits.
Spivak said currently three Democrats serve on the Ethics Commission, so only Republicans, independents, or third-party candidates are currently eligible for appointment to this vacancy.
The Municipal Code says “priority consideration shall be given to nominees with familiarity and experience with campaign finance laws, government ethics, lobbying laws and conflict of interest regulations.”
Those serving as members of the City Ethics Commission are prohibited from making financial contributions to a candidate for city office or to participate in campaigns for candidates or campaigns for or against city ballot measures. Also, they are forbidden to be lobbyists.
Commissioners may not run for elective office during their terms and for one year afterwards.
A member of the Jewish community who worships at Congregation Beth Israel, Spivak, though herself retired from journalism, has a family connection to that field. Since 2021, her daughter, Madeline Ottilie, has been a television reporter in Cincinnati, Ohio, for WCPO 9 News. Prior to that she served as a morning reporter and mid-day anchor at KVIA-TV in El Paso, Texas.
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Donald H. Harrison is publisher and editor of San Diego Jewish World. He may be contacted via sdheritage@cox.net