Agenda – July 13, 2009 – San Francisco Ethics Commission

English

SAN FRANCISCO ETHICS COMMISSION

NOTICE OF REGULAR MEETING

July 13, 2009 5:30 P.M.

and AGENDA

Room 408 City Hall

1 Dr. Carlton B. Goodlett Place, San Francisco

Call to order and roll call.
Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.
Consideration of request for waiver from compensated advocacy ban by Patrick Buscovich, a member of the Board of Examiners, Department of Building Inspection. At its April 13. 2009 meeting, the Ethics Commission approved a formal advice letter that the compensated advocacy ban (San Francisco Campaign and Governmental Conduct Code section 3.224) does not apply to a member of the Board of Examiners. Because the District Attorney has dissented from the advice, staff recommends that the Commission grant Mr. Buscovich a waiver that would allow him to represent private parties before City officers and employees as part of his duties as a structural engineer while serving on the Board of Examiners. A staff memo will be available from the Commission office and website. (Discussion and possible action.)
Consideration of possible amendments to Chapter 2, Article III of the San Francisco Campaign and Governmental Conduct Code to define “officer”; to clarify the application of conflict of interest prohibitions to City officers and amend the ban on contracting under section 3.222 to permit officers to enter settlement agreements and allow the Ethics Commission to waive the ban; and to name Chapter 2 of Article III the Government Ethics Ordinance. A staff report, the draft amendments and a legislative digest are available from the Commission office and on its website. (Discussion and possible action.)
Consideration of amendments to create a new Chapter 5 in Article III of the San Francisco Campaign and Governmental Conduct Code to prohibit City officers and employees from soliciting a donation to a nonprofit organization when (1) the donation will be used to support a City department, (2) the solicited donor has business with the department being supported, and (3) the officer or employee soliciting the donation works for, oversees or regularly interacts with that department. A staff report, the draft amendments and a legislative digest are available from the Commission office and on its website. Supervisor Daly, who sponsored the legislation, or a member of his staff will attend the meeting to answer questions. (Discussion and possible action.)
Discussion of Fiscal Year 2009-2010 budget outcomes, including final budget adopted by the Board of Supervisors’ Budget and Finance Committee and the status of the Election Campaign Fund, including fund balance and funding needs for upcoming election cycles. (Discussion.)
Closed session. (Discussion and possible action.)
1. Closed session held pursuant to the Ralph Brown Act, Government Code section 54957(b) and the Sunshine Ordinance section 67.10(b): Public Employee Performance Evaluation: Executive Director, Ethics Commission
2. 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.
  Conference with Legal Counsel: Anticipated litigation as plaintiff
  
  Number of possible cases: 1
Discussion and vote regarding closed session action and deliberations. (Discussion and possible action.)
1. 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 public employee performance evaluation.
  Motion: The Ethics Commission finds that it is in the best interests of the public (not) to disclose its closed session deliberations re: public employee performance evaluation.
2. 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 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.
Minutes of the Commission’s regular meeting of June 8, 2009. (Discussion and possible action.)
Executive Director’s Report. An update of important Ethics Commission staff activities since the previous monthly meeting. (Discussion.)
Items for future meetings. Commissioners may propose items for future agendas and the Commission may determine the priority of these items. (Discussion.)
Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.
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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