Ethics Commission
City and County of San Francisco

Agenda – December 14, 2009

SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING

December 14, 2009 5:30 P.M.
and AGENDA
Room 408 City Hall
1 Dr. Carlton B. Goodlett Place, San Francisco

  1. Call to order and roll call.
  2. Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.
  3. Netfile contract renewal.  On October 31, 2007, the Ethics Commission entered into a three-year contract with Netfile under which Netfile would create an online filing system and database for all campaign finance, lobbyist, campaign consultant and official financial disclosures required or permitted under City or state law to be filed in electronic form.  Staff recommends that the Commission authorize the Executive Director to extend the contract for an additional three-year term.  To meet Civil Service Commission requirements, the Commission will determine whether contracting is the most effective way to provide this service.   (Discussion and possible action.)
  4. Consideration of possible regulations to implement Lobbyist Ordinance.  Amendments to the Lobbyist Ordinance were recently signed into law and will take effect on January 1, 2010.  The Commission will consider whether to change the existing regulations and/or adopt new regulations to implement the changes to the Ordinance.  A staff memo and copy of the proposed regulation changes will be available at the Commission office as well as on the Commission website.  (Discussion and possible action.)
  5. Consideration of possible regulations to implement the Campaign Finance Reform Ordinance (CFRO).  Amendments to the CFRO were recently signed into law and will go into effect on January 1, 2010.  The Commission will consider whether to amend and/or adopt new regulations to implement the changes to the Ordinance.  A staff memo and copy of the proposed regulation changes will be available at the Commission office as well as the Commission website.  (Discussion and possible action.)
  6. Budget discussion.  The Commission has submitted the requested $85,000 in mid-year cuts for this fiscal year.  For the next fiscal year, the City has forecasted a $522 million general fund deficit and has instructed departments to identify a 20 percent cut as well as a 10 percent contingency cut, which translates to $438,364 and $219,182, respectively.  Commissioners will discuss budget issues and proposals to provide guidance to the staff in preparing the budget submission for FY 2010/2011.  (Discussion and possible action.)
  7. 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 existing litigation as defendant.
      Conference with Legal Counsel:  Existing litigation as defendant
      Number of cases:  2
      Myrna Lim v. City and County of San Francisco Ethics Commission et al., Case No. 08-472073 (S.F. Superior Court); Myrna Lim v. City and County of San Francisco Ethics Commission et al., Case No. 09-5083-CRB (U.S. District Court, N.D. Cal.)
      Allen Grossman v. San Francisco Ethics Commission et al., Case No. 09-509868 (S.F. Superior Court)
  8. 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 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: existing litigation.
  9. Minutes of the Commission’s regular meeting of November 9, 2009.   (Discussion and possible action.)
  10. Executive Director’s Report.  An update of important Ethics Commission staff activities since the previous monthly meeting.  (Discussion.)
  11. Items for future meetings.  Commissioners may propose items for future agendas and the Commission may determine the priority of these items.  (Discussion.)
  12. Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.
  13. 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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