Ethics Commission
City and County of San Francisco

Agenda – March 8, 2010

SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING

March 8, 2010 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. Consideration of draft formal written advice letter regarding the application of the one-year post-employment restriction under San Francisco Campaign and Governmental Conduct Code section 3.234.  Zachary Nathan, a member of the Access Appeals Commission (“AAC”), has sought advice regarding whether the one-year post-employment ban applies to his future communications with the AAC or the Department of Building Inspection (“DBI”), which includes the AAC as well as the Building Inspection Commission.  If the Commission determines that the ban applies to his future communications with the DBI, the Commission will consider Mr. Nathan’s request for a waiver from the one-year post-employment ban under item IV of the agenda.  (Discussion and possible action.)
  4. Request for waiver from Campaign and Governmental Code section 3.224 (compensated advocacy ban) and section 3.234(a)(2) (post-employment restriction).  Zachary Nathan, who serves on the Access Appeals Commission (“AAC”) as its “public member,” has requested a waiver that would allow him to represent private parties before other City officers and employees as part of his duties as a licensed architect while continuing to serve on the AAC.  In the alternative, Mr. Nathan seeks a waiver from the one-year post-employment restriction.  A staff report is available at the Commission office and on its website.  (Discussion and possible action.)
  5. Request for waiver from Campaign and Governmental Code section 3.224 (compensated advocacy ban).  William Scott Ellsworth, who serves on the Access Appeals Commission (“AAC”) as a person “experienced in construction,” has requested a waiver that would allow him to represent private parties before other City officers and employees as part of his duties as a licensed architect while continuing to serve on the AAC.  A staff report is available at the Commission office and on its website.  (Discussion and possible action.)
  6. Election of Chair and Vice-chair.  The Commission will elect a Chair and Vice-chair to serve for the coming year.  (Discussion and possible action.)
  7. Consideration of possible amendments to the Government Ethics Code (“GEO”), San Francisco Campaign and Governmental Conduct Code section 3.200 et seq.  Staff has proposed amendments to sections 3.216 (gifts), 3.220 (dual officeholding), and 3.224 (compensated advocacy).  The proposed amendments and a staff report will be available at the Commission’s office and on its website.  (Discussion and possible action.) 
  8. Selection of Random Audits of 2009 Committees.  Staff estimates that it will have time and resources to conduct as many as seven random audits of non-publicly financed candidate, ballot measure and general purpose committees that were active in the 2009 elections.  Some of these audits will be performed during the remainder of this fiscal year; the others will be performed in the next fiscal year.  The Commission may choose these seven committees on a random basis at this meeting.  (Discussion and possible action.)
  9. Closed session.  (Discussion and possible action.)

    Closed session held pursuant to California Government Code § 54956.9(b) and San Francisco Administrative Code § 67.10(d) based on significant exposure to litigation. 

    Conference with Legal Counsel:  Anticipated litigation as potential defendant
       
    Subject:  Citizens United v. Federal Election Commission, — U.S. —, 2010     WL 183859 (U.S. Supreme Court, Jan. 21, 2010)

  10. 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 conference with legal counsel regarding anticipated litigation as defendant.  

    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 as defendant.

  11. Minutes of the Commission’s regular meeting of December 14, 2009.   (Discussion and possible action.)
  12. Executive Director’s Report.  An update of important Ethics Commission staff activities since the previous monthly meeting.  (Discussion.)
  13. Items for future meetings.  Commissioners may propose items for future agendas and the Commission may determine the priority of these items.  (Discussion.)
  14. Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.
  15. 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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