Sacramento Ethics Commission Regular Meeting - September 28, 2026

The City of Sacramento Ethics Commission met in regular session on Monday, September 28, 2026, at 5:30 p.m. at Sacramento City Hall, 915 I Street. Chair Alan LoFaso called the meeting to order at 5:31 p.m.; roll call established a quorum with Commissioners Annette Emery, Michael Kelly, Maikhou Thao, and Chair LoFaso present. Vice Chair Nicole Velasquez was absent. The meeting opened with a land acknowledgement and the Pledge of Allegiance and adjourned at 6:46 p.m.

Consent Calendar

Commissioner Kelly moved and Commissioner Thao seconded adoption of the entire consent calendar; the motion passed 4-0, with Vice Chair Velasquez absent. The commission:

• Approved the Ethics Commission meeting minutes of August 24, 2026 (File ID 2026-00072).
• Approved the Ethics Commission Complaint Log (File ID 2026-00247).
• Received and filed the Sacramento Ethics Commission Follow-Up Log (File ID 2026-01738).

Before the consent vote, Chair LoFaso raised the complaint log matter designated 2026-008. He noted the commission had previously voted to refer it to an independent evaluator, but that referral had not occurred. General Counsel Gary Lindsay stated that a superior in the City Attorney's Office had since opined that the commission lacks authority to overrule the City Clerk's dismissal, because that is not explicitly allowed under current procedures, and the dismissal therefore stood. LoFaso said his concern was process integrity and that he believed the dismissal had been wrongly decided because the City Clerk had not consulted legal counsel. He referenced the prior audit's recommendation that the complaint log be reviewed with legal counsel before publication. City Clerk Mindy Cuppy said the City Attorney reviews her staff reports before publication, but the review likely occurred after the dismissal; she also said she believed she could have reversed the dismissal if the City Attorney had advised her to do so. LoFaso asked Mr. Lindsay to research whether the City Clerk could still 'undismiss' the matter and refer it to the independent evaluator; Lindsay agreed to report back at the next meeting.

Public Comments & Testimony

No members of the public spoke during the public comment portions of the meeting, including matters not on the agenda.

Discussion Items

Proposed Amendments to the Ethics Commission Rules of Procedure (File ID 2026-01739)

Chair LoFaso presented the item. He proposed two changes: (1) if a jurisdictional dismissal decision is delayed because of consultation with legal counsel, the matter should appear in the complaint log earlier with a 'pending' status and be updated later; and (2) reconsider whether complainant and respondent identities should remain confidential in the complaint log, noting that transparency is valuable regardless of outcome. He cited examples of delayed log entries, including one matter that stayed in the queue for about nine months, and said the rules' 14-day initial-action timeframe is not being met in practice.

• Commissioner Kelly supported listing delayed matters as 'pending,' saying it would be a transparency improvement. He expressed reluctance about disclosing names, citing the risk of frivolous complaints during election season and public attacks on candidates. He asked whether a closed-session or in-camera option could give commissioners information without making it public and later said he would favor transparency, including publishing names, if no alternative exists.
• Commissioner Emery agreed with the timeliness concerns and observed inconsistent redactions in complaint logs. She supported more explanation of dismissals, more training, and a possible closed-session option. She noted outreach to neighborhood groups has been difficult.
• Commissioner Thao voiced full support for greater transparency as a way to build community trust and asked whether complainants are notified when a case is delayed. City Clerk Cuppy explained that she usually responds within 14 days; the four late entries arose because she did not have enough information, because of technological errors in the online submission system, and because an old log was attached to one staff report. She said complainants are notified when a matter is dismissed, referred, or forwarded.

In response to a question about complaint tracking, City Clerk Cuppy said the NAVIX system used by the auditor would cost $5,000 per year, which, at roughly 10 complaints per year, would be about $500 per complaint.

Chair LoFaso asked General Counsel Lindsay to research whether closed-session meetings are allowed for Sacramento commissions and whether a city ordinance change would be required; Lindsay said he was not aware of any city commission with a closed-session provision. The commission's direction was for staff to prepare amendments for a future vote. No formal motion was made because the agenda item was for receiving a report and providing direction.

Review of Draft 2026 Annual Report and 2027 Workplan (File ID 2026-01632)

City Clerk Cuppy presented a draft annual report and workplan, noting numbers remained to be updated and inviting commission recommendations for 2027 goals and accomplishments.

• Chair LoFaso proposed carrying over the 2026 outreach and training goals into 2027 and adding a third goal to explore the role of audits in the commission's work. He suggested more systematic outreach, continued commissioner training, and a session with the City Attorney's Office on how campaign finance ordinances are enforced outside the commission. He corrected a cost figure he had previously reported: the five-year average annual cost is approximately $66,000, not $30,500. He also asked that the page 8 cost table be described as a cumulative estimate broken down per meeting, confirming the $26,770 figure covers all meetings rather than each meeting.
• Commissioner Emery suggested describing outreach efforts through City Connect and the Sacramento Neighborhood Association.
• Commissioner Thao supported the proposed goals and offered to make an outreach presentation to a local nonprofit on whose board they serve.
• Commissioner Kelly raised the ad hoc committee's work on restarting audits; Chair LoFaso suggested making it a third formal goal.

Commissioner Kelly moved that the annual report come back to this commission for final approval; Commissioner Emery seconded. The motion passed 4-0, with Vice Chair Velasquez absent. The draft will therefore not be forwarded to the Personnel and Public Employees Committee at this stage.

Commissioner Comments, Ideas, and Questions

• Commissioner Kelly asked whether dormant public financing provisions in campaign law authorize the City's director of finance to audit campaign statements. City Clerk Cuppy said the public financing system has not been funded in nearly 10 years and that she would research the question.
• Chair LoFaso asked about the 2027 meeting calendar; City Clerk Cuppy said it would be brought to the City Council in the fall, likely in September or October.
• Chair LoFaso noted a possible error on the Ethics Commission web page: seats A, C, and E were listed as beginning July 1, 2024, and ending June 30, 2028, while he believed the term began January 2024 and ends December 31, 2027. Commissioner Emery recalled that her term began in January 2024. City Clerk Cuppy said she would look into the term dates.

Key Outcomes

• Consent calendar adopted 4-0.
• Direction given to staff on rule amendments, including logging delayed matters as pending, researching closed-session options, and exploring additional attorney consultation and training.
• Annual report will return to the Ethics Commission for final approval; motion passed 4-0.
• Staff research requests were made concerning the 2026-008 complaint matter, campaign finance audit authority, web page term dates, and the 2027 meeting calendar.
• Meeting adjourned at 6:46 p.m.