Ethics Commission
City and County of San Francisco

Agenda – May 11, 2009

May 11, 2009

SAN FRANCISCO ETHICS COMMISSION

NOTICE OF REGULAR MEETING

May 11, 2009 5:30 P.M.

and AGENDA

Room 408 City Hall

1 Dr. Carlton B. Goodlett Place, San Francisco

 

I.       Call to order and roll call.

 

II.      Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.

 

III.     Staff presentation of public finance report.  After each election cycle, staff makes a report on the execution of the public financing program for that election cycle.  At this meeting, staff will present a report on the 2008 election cycle and on the feasibility and costs of converting the partial public financing program for candidates for the Board of Supervisors into a full public financing program.  The report is available at the Commission office as well as on the Commission website.  (Discussion and possible action.) 

 

IV.      Consideration of possible amendments to Lobbyist Ordinance.  At its last meeting, the Commission continued its consideration of proposed amendments to the Lobbyist Ordinance, receiving public comment on several proposed modifications, including, but not limited to, changes to the definitions of “lobbyist” and “contacts,” as well as changes to the exceptions to contacts, gift limits, registration requirements, registration information, fees, reporting, training, lobbying by campaign consultants, record retention and statutes of limitations.  At this meeting, the Commission will continue its consideration of those proposals and possible additional amendments to the Ordinance.  The draft amendments and a supplemental staff memo will be available at the Commission office as well as on the Commission website.  (Discussion and possible action.)  

 

V.        Consideration of possible amendments to the Commission’s Regulations for Investigations and Enforcement Proceedings (“Regulations”).  Staff is recommending several substantive and technical amendments to the Regulations, including but not limited to identifying the laws that the Commission enforces, allowing amendments to probable cause determinations, requiring the Executive Director to notify the Commission and respondents of exculpatory information, and clarifying the process and procedures related to a hearing on the merits.  The draft amendments and a staff report will be available at the Commission office as well as on the Commission website.  (Discussion and possible action.)

 

VI.      Closed session.  (Discussion and possible action.)

 

            Closed session held pursuant to Charter section C3.699-13, Brown Act section 54956.9 (a) and (c)  and Sunshine Ordinance section 67.10(d) to discuss anticipated litigation as plaintiff and existing litigation as defendant.

 

            (a)        Conference with Legal Counsel:  Anticipated litigation as plaintiff

           

Number of possible cases:  5

 

(b)       Conference with Legal Counsel:  Existing litigation as defendant

 

            Number of cases:  3

 

Myrna Lim v. City and County of San Francisco Ethics Commission et al., Case No. 08-472073 (S.F. Superior Court)

 

Tony Hall v. City and County of San Francisco Ethics Commission et al., Case No. 09-509395 (S.F. Superior Court)

 

Committee on Jobs v. Dennis Herrera et al., Case No. C 07-03199JSW (ND CA)

           

VII.       Discussion and vote regarding closed session action and deliberations.  (Discussion and possible action.)

 

            Discussion and vote pursuant to Brown Act section 54957.1 and Sunshine Ordinance section 67.12 on whether to disclose any action taken or discussions held in closed session regarding anticipated and existing litigation.  

 

            Motion:  The Ethics Commission finds that it is in the best interests of the public (not) to disclose its closed session deliberations re: anticipated litigation and existing litigation.

 

VIII.    Minutes of the Commission’s regular meetings of March 9, 2009 and April 13, 2009.  (Discussion and possible action.)

 

IX.       Executive Director’s Report.  An update of important Ethics Commission staff activities since the previous monthly meeting.  (Discussion.)

 

X.        Items for future meetings.  Commissioners may propose items for future agendas and the Commission may determine the priority of these items.  (Discussion.)

 

XI.       Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.

 

XII.      Adjournment.

 

Know Your Rights Under the Sunshine Ordinance

Government’s duty is to serve the public, reaching its decision in full view of the public.  Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.  For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact Frank Darby by mail to Administrator, Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102-4689; by phone at 415 554 7724; by fax at 415 554 7854; or by email at sotf@sfgov.org.  Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, http://www.sfgov.org/sunshine/

If any materials related to an item on this agenda have been distributed to the Ethics Commission after distribution of the agenda packet, those materials are available for public inspection at the Ethics Commission, 25 Van Ness Avenue, Suite 220, San Francisco, during normal office hours.

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting.  Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing devices. 

 

This location is wheelchair accessible.   In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity, or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products.  Please help the City accommodate these individuals.

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct. Code § 2.100] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112 and web site  www.sfgov.org/ethics

 

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