Compensated Advocacy Ban Waivers
Under S.F. Campaign and Government Conduct Code section 3.224, no officer of the City and County shall directly or indirectly receive any form of compensation to communicate orally, in writing, or in any other manner on behalf of any other person with any other officer or employee of the City and County with the intent to influence a government decision. The Ethics Commission may waive the prohibitions of this section for any member of a board or commission who, by law, must be appointed to represent any profession, trade, business, union or association.
Referrals Waivers
Under San Francisco Campaign and Governmental Conduct Code section 3.226, City officers and employees may not condition any government action on a member of the public hiring, employing or contracting with any specific person or entity. The ordinance provides that the Ethics Commission may waive the prohibition if the Commission determines that granting a waiver is necessary for the proper administration of a governmental program or action.
Post-Employment Restriction Waivers
Under section 3.234(a)(1) of the San Francisco Campaign and Governmental Conduct Code, no former officer or employee of the City and County of San Francisco may make communications before any court or public agency in connection with any particular matter in which the City is a party or has a direct and substantial interest, in which the former officer or employee participated personally and substantially, and which involved specific parties at the time of such participation. Under section 3.234(a)(2), no current or former officer or employee may, for one year after termination of service or employment, communicate with his or her former department to influence a government decision on behalf of any other person. Under section 3.234(a)(3), no current or former officer or employee may be employed by or otherwise receive compensation from a person or entity that entered into a contract with the city within the past 12 months where the officer or employee personally and substantially participated in the award of the contract.
Under section 3.234(c)(1), the Ethics Commission may waive the restrictions in subsections (a)(1) and (a)(2) if the Commission determines that granting a waiver would not create the potential for undue influence or unfair advantage. Under section 3.234(c)(2), the Commission may grant a waiver from the restrictions in subsections (a)(1) and (a)(2) for members of City boards and commissions who, by law, must be appointed to represent any profession, trade, business union or association. Under section 3.234(c)(3), the Commission may waive the ban in subsection (a)(3) if the Commission determines that imposing the restriction would cause extreme hardship for the City officer or employee.
Advanced Written Determinations
Employees may seek an Advanced Written Determination (AWD) from their department head or appointing authority to determine if a proposed outside activity imposes excessive time demands or requires regular disqualifications.
Advanced Written Determinations are only available for these two types of prohibited activities. If you have questions about if any other specific activity is prohibited, please reach out to the Ethics Commission through our advice portal for assistance.