Advance Written Determination
Who Must File
Under section 3.218 of the San Francisco Campaign and Governmental Conduct Code, each Department, Board, or Commission has adopted a Statement of Incompatible Activities (“SIA”) that lists those outside activities that are inconsistent or incompatible with the duties of the officers and employees of the Department, Board, or Commission. Section III.C of the SIA permits an officer or employee to seek an Advance Written Determination whether a proposed outside activity is prohibited because it is inconsistent or otherwise in conflict with the officer’s or employee’s duties. An Advance Written Determination by the Decision-Maker that an activity is not incompatible with the SIA provides the Requestor with immunity from any subsequent enforcement action for a violation of the SIA, if the material facts are as presented in the Requestor’s written submission. An Advance Written Determination does not provide immunity from any other laws that prohibit the proposed activity. An officer or employee may also seek a written opinion from the Ethics Commission to determine whether the person’s proposed activities violate the SIA or any other local law relating to conflicts of interest and governmental ethics.
To obtain an Advance Written Determination, please fill out Sections A-E legibly and completely, and submit this form to the Decision-Maker indentified in Section C. Please note that the Decision-Maker may require you to provide additional information. At any time, the Decision-Maker may revoke the Advance Written Determination, by providing written notice to you specifying the changed facts, circumstances or other good cause that warrants the revocation.
The Requester and Decision-Maker should retain a copy of the Advance Written Determination for their records.
Notification of Recusal
On January 1, 2019, a new recusal reporting law that amends Sec. 3.209 of the City’s Campaign & Governmental Conduct Code became operational.
Sec. 3.209 specifies recusal procedures for Commissioners who have a financial conflict of interest arising from pending matters, including public disclosure of the conflict and leaving the room during discussion, voting and any other disposition of the matter. Commissioners who must recuse themselves also must file a public disclosure form with the Ethics Commission within 15 days after the date of the meeting at which the recusal occurred or would have occurred. Commissioners must file the form even if the member did not attend the meeting that would have required their recusal.
More information and filing procedures are available below: