The Sunshine Ordinance Task Force is the administrative body for hearing and determining complaints concerning alleged violations of the Sunshine Ordinance. The Task Force may refer matters to the Ethics Commission as provided by the Sunshine Ordinance. The Ethics Commission handles complaints alleging willful violations of the Sunshine Ordinance, the Brown Act, or the California Public Records Act by elected officials or department heads, pursuant to Section 11 of the Commission’s Enforcement Regulations.
Complaints alleging willful violations by elected officials and department heads are public documents pursuant to the Sunshine Ordinance.
If a complaint filed with the Ethics Commission does not allege a willful violation by an elected official or department head, the Commission will decline the complaint or referral if it originates from the Sunshine Ordinance Task Force, or refer it to the Sunshine Ordinance Task Force if it originates elsewhere.
All referrals to the Commission of alleged violations of the Sunshine Ordinance under San Francisco Administrative Code Section 67.35 shall be handled pursuant to Section 11 of the Commission’s Enforcement Regulations.
Enforcement Process
The Commission’s enforcement of the Sunshine Ordinance is limited to willful violations by elected officials and department heads. The Commission does not have jurisdiction over alleged non-willful or unintentional violations, or alleged violations by individuals who are not elected officials or department heads.
A matter alleging a willful violation within the Commission’s jurisdiction will proceed through the Commission’s regular enforcement process, including the applicable administrative hearing procedures set forth in the Commission’s Enforcement Regulations.
Remedies for Official Misconduct
A willful violation of the Sunshine Ordinance by an elected official or department head shall be deemed official misconduct pursuant to San Francisco Administrative Code Section 67.34.
If the Commission determines that an elected official or department head willfully failed to discharge any duties imposed by the Sunshine Ordinance, the Brown Act, or the California Public Records Act, the Commission may find that the City official committed official misconduct.
If the City employee or official is identified in Section 15.105 of the San Francisco Charter, the Commission must refer its finding to the official’s appointing authority, as required by Section 15.105 of the San Francisco Charter.
The Commission does not have authority to impose administrative penalties for violations of the Sunshine Ordinance.