Ethics Commission
City and County of San Francisco

Revised Agenda – May 10, 2010

Revised Agenda

SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING

May 10, 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 regulations regarding the Commission’s enforcement of the Sunshine Ordinance.  Staff has prepared a set of draft regulations setting forth the procedures that will apply to all complaints regarding alleged violations of the Sunshine Ordinance.  These draft regulations cover the procedures for handling complaints alleging violations of the Sunshine Ordinance, filing briefs and presenting arguments at hearings before the Ethics Commission.  They also propose penalties for willful violations and warning letters for non-willful violations.  The draft regulations take into consideration comments and recommendations from the Sunshine Ordinance Task Force.  Staff has also prepared accompanying draft amendments to the existing enforcement regulations amending the sections of those regulations regarding alleged violations of the Sunshine Ordinance.  The Commission will consider the SOTF’s comments as well as staff’s proposed regulations at this meeting. A staff report and draft regulations are available at the Commission office and on its website.  (Discussion and possible action.)
  4. Consideration of staff’s recommendations for changes to state law to permit local filing officers (1) to provide for electronic filing of Statements of Economic Interests (SEIs), thus eliminating paper reports; (2) to require certain or all SEI filers to file electronically; and (3) to permit online posting of electronically filed SEIs.  The Commission may consider whether the City should contact the Fair Political Practices Commission or members of the State legislature to express the Commission’s position regarding electronic filing of SEIs.  A staff report is available at the Commission office and on its website.  (Discussion and possible action.)
  5. Consideration of possible amendments to regulations for section 3.218 of the  Government Ethics Ordinance (“GEO”), San Francisco Campaign and Governmental Conduct Code section 3.200 et seq.  The proposed amendments will update procedures regarding the adoption and amendment of Statements of Incompatible Activities (“SIAs”) and departments’ distribution of the SIA to their officers and employees.  The proposed amendments and a staff report will be available at the Commission’s office and on its website.  (Discussion and possible action.)   
  6. Consideration of possible amendments to regulations for section 3.234 of the Government Ethics Ordinance (“GEO”), San Francisco Campaign and Governmental Conduct Code section 3.200 et seq.  The proposed amendments will conform regulations to recent changes in the ordinance governing post-employment restrictions.  The legislation amended section 3.234 to extend the one-year restriction on communicating with one’s former department to employees and officers who have transferred departments within the City, and to provide that an employee or officer may not be employed by a party to a City contract within one year after the contract date if the employee or officer participated personally and substantially in the award of the contract.  (Board of Supervisors File No. 090219, available at http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/ordinances09/o0208-09.pdf).  The proposed amendments and a staff report will be available at the Commission’s office and on its website.  (Discussion and possible action.)
  7. 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.)

    Committee On Jobs Candidate Advocacy Fund et.al. v Dennis J. Herrera et. al., Case No. C 07-03199 JSW (U.S. District Court)

  8. 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 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 April 12, 2010.   (Discussion and possible action.)
  10. Executive Director’s Report.  An update of important Ethics Commission staff activities since the previous monthly meeting.  The written report, which is available at the Commission office and on its website, covers the budget, the investigation and enforcement program, revenues, campaign finance disclosure program, revenues, public financing/campaign finance audit program, lobbyist program, campaign consultant program, and outreach and education.  Any of these subjects may potentially be part of the Director’s presentation or discussed by the Commission.  (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 Chris Rustom 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. Rustom 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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