Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

City ethics commission won't release Maas investigation documents

Executive director turns down public records act request for emails and other material, saying, "Commission could decide to re-open a closed matter"

It's without a doubt San Diego's most sensational political story so far this year: yesterday's UT San Diego exclusive about developer Fred Maas and his efforts to dig up and publicize alleged dirt about then-GOP city councilman Carl DeMaio in the months leading up to last June's mayoral primary.

http://sandiegoreader.com/users/photos/2013/mar/25/42519/

But, in a two-page response to a public records act request made yesterday, one of the principal players in the story, San Diego’s city Ethics Commission, is refusing to make key documents from its investigation public.

In addition to main evidence in the case, the commission is withholding other records regarding the matter, including communications with its outside counsel during the investigation, former ethics commissioner Gil Cabrera.

According to the UT account, Maas's group - which contracted with true crime author and ex-UT reporter Caitlin Rother - agreed last week to file a financial disclosure statement in order to settle a joint investigation of its funding and activities by the ethics commission and the state Fair Political Practices Commission:

Those agencies agreed to dismiss the case without a penalty or violation after the disclosure was filed. The FPPC issued a closure letter Wednesday to Maas stating that “the information uncovered in the investigation was not used for political purposes” under state law although the Ethics Commission contends it was.

We sought to see more documentation of the investigation, but in a letter emailed to us this afternoon, ethics commission executive director Stacey Fulhorst outlined the commission's grounds for not releasing its records, even though the case has reportedly been closed and many of its files provided to the UT:

In particular, the release of investigative documents in a closed matter could affect the ability of other administrative or law enforcement agencies to investigate the same or similar allegations.

Additionally, the Commission could decide to re-open a closed matter if new information regarding the underlying allegations were brought to its attention.

In this particular case, the statutes of limitation applicable to the Commission and to other law enforcement agencies have not yet expired.

Therefore, while the public has an interest in the disclosure of investigative records, we have performed the requisite balancing test and determined that the public's interest in non-disclosure clearly outweighs this interest.

In your request you suggest that the Ethics Commission produced documents to UT San Diego in response to a Public Records Act request, This is not the case. It is my understanding that UT San Diego obtained documents by submitting a Public Records Act request to the Fair Political Practices Commission.

According to yesterday's UT story, former ethics commissioner Gil Cabrera "served as outside counsel for the Ethics Commission on the case."

In response to our request, Fulhorst furnished six invoices from Cabrera to the agency, titled "Re: 527-01 - SDEC v. Maas, et al."

The first, dated October 2, 2012, shows a balance due of $725. The second, dated November 12, 2012, shows payment by the commission of the previous balance, along with a new balance due of $725. A December 4 invoice shows the prior balance of $725, along with new charges of $425, for a balance due of $1150.

An invoice dated January 1 of this year shows payment of $725, current charges of $500, and a balance due of $925. A February 2 invoice shows payment of $425, current charges of $675, and a balance due of $1175. The final document, dated March 6, shows payment of $1175, and new charges of $150.

Reached this afternoon by phone, Cabrera said he charged $250 an hour for his services, "a considerable discount [from] my regular rate." He added that the Maas investigation was his first legal assignment for the commission.

According to a January 2010 account posted by the Voice of San Diego online news site, Cabrera's term on the ethics commission was controversial in some quarters; then-mayor Jerry Sanders "refused to reappoint him."

Cabrera told UT San Diego that March: "I honestly don’t know why I was not reappointed while historically every other commissioner willing to serve a second term was allowed to do so."

He told us this afternoon: "I was never told why I was dismissed. I never found out."

Some of the material published by the UT regarding the Maas case has suggested the involvement of city hall figures, including Gerry Braun, a former aide to ex-mayor Sanders.

Reported the UT:

Those working on the project behind the scenes included a top aide to then-Mayor Jerry Sanders and at least three other people with ties to the mayoral campaign of Nathan Fletcher, although Fletcher denies any involvement.

In her letter to us today, the ethics commission's Fulhorst asserted attorney-client privilege in withholding additional documents regarding Cabrera's role with the agency and its investigation of Maas:

I have withheld those documents that concern communications between the Commission (including Commission staff) and its legal counsel, pursuant to California Government Code section 6254(k), which exempts "records the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege."

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

Conservatives cry, “Turnabout is fair gay!”

Will Three See Eight’s Fate?
Next Article

At 4pm, this Farmer's Table restaurant in Chula Vista becomes Acqua e Farina

Brunch restaurant by day, Roman style trattoria by night

It's without a doubt San Diego's most sensational political story so far this year: yesterday's UT San Diego exclusive about developer Fred Maas and his efforts to dig up and publicize alleged dirt about then-GOP city councilman Carl DeMaio in the months leading up to last June's mayoral primary.

http://sandiegoreader.com/users/photos/2013/mar/25/42519/

But, in a two-page response to a public records act request made yesterday, one of the principal players in the story, San Diego’s city Ethics Commission, is refusing to make key documents from its investigation public.

In addition to main evidence in the case, the commission is withholding other records regarding the matter, including communications with its outside counsel during the investigation, former ethics commissioner Gil Cabrera.

According to the UT account, Maas's group - which contracted with true crime author and ex-UT reporter Caitlin Rother - agreed last week to file a financial disclosure statement in order to settle a joint investigation of its funding and activities by the ethics commission and the state Fair Political Practices Commission:

Those agencies agreed to dismiss the case without a penalty or violation after the disclosure was filed. The FPPC issued a closure letter Wednesday to Maas stating that “the information uncovered in the investigation was not used for political purposes” under state law although the Ethics Commission contends it was.

We sought to see more documentation of the investigation, but in a letter emailed to us this afternoon, ethics commission executive director Stacey Fulhorst outlined the commission's grounds for not releasing its records, even though the case has reportedly been closed and many of its files provided to the UT:

In particular, the release of investigative documents in a closed matter could affect the ability of other administrative or law enforcement agencies to investigate the same or similar allegations.

Additionally, the Commission could decide to re-open a closed matter if new information regarding the underlying allegations were brought to its attention.

In this particular case, the statutes of limitation applicable to the Commission and to other law enforcement agencies have not yet expired.

Therefore, while the public has an interest in the disclosure of investigative records, we have performed the requisite balancing test and determined that the public's interest in non-disclosure clearly outweighs this interest.

In your request you suggest that the Ethics Commission produced documents to UT San Diego in response to a Public Records Act request, This is not the case. It is my understanding that UT San Diego obtained documents by submitting a Public Records Act request to the Fair Political Practices Commission.

According to yesterday's UT story, former ethics commissioner Gil Cabrera "served as outside counsel for the Ethics Commission on the case."

In response to our request, Fulhorst furnished six invoices from Cabrera to the agency, titled "Re: 527-01 - SDEC v. Maas, et al."

The first, dated October 2, 2012, shows a balance due of $725. The second, dated November 12, 2012, shows payment by the commission of the previous balance, along with a new balance due of $725. A December 4 invoice shows the prior balance of $725, along with new charges of $425, for a balance due of $1150.

An invoice dated January 1 of this year shows payment of $725, current charges of $500, and a balance due of $925. A February 2 invoice shows payment of $425, current charges of $675, and a balance due of $1175. The final document, dated March 6, shows payment of $1175, and new charges of $150.

Reached this afternoon by phone, Cabrera said he charged $250 an hour for his services, "a considerable discount [from] my regular rate." He added that the Maas investigation was his first legal assignment for the commission.

According to a January 2010 account posted by the Voice of San Diego online news site, Cabrera's term on the ethics commission was controversial in some quarters; then-mayor Jerry Sanders "refused to reappoint him."

Cabrera told UT San Diego that March: "I honestly don’t know why I was not reappointed while historically every other commissioner willing to serve a second term was allowed to do so."

He told us this afternoon: "I was never told why I was dismissed. I never found out."

Some of the material published by the UT regarding the Maas case has suggested the involvement of city hall figures, including Gerry Braun, a former aide to ex-mayor Sanders.

Reported the UT:

Those working on the project behind the scenes included a top aide to then-Mayor Jerry Sanders and at least three other people with ties to the mayoral campaign of Nathan Fletcher, although Fletcher denies any involvement.

In her letter to us today, the ethics commission's Fulhorst asserted attorney-client privilege in withholding additional documents regarding Cabrera's role with the agency and its investigation of Maas:

I have withheld those documents that concern communications between the Commission (including Commission staff) and its legal counsel, pursuant to California Government Code section 6254(k), which exempts "records the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege."

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Purported Ethics Commission Pulls Another Slimy One. This Is So Blatant It Could Backfire

Next Article

San Diego Unified stonewalls Sally Smith

Citizen on a mission sues district for violating state public records act
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader