Ethics Commission
City and County of San Francisco

Agenda – July 11, 2011

SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING
July 11, 2011 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 Ethics Complaint No. 01-100115, alleging that the Library Commission, through its representative Secretary Sue Blackman, violated Sunshine Ordinance sections 67.15(a) and 67.34 by failing to allow public comment at a Library Commission meeting, and section 67.12(e) by failing to send a knowledgeable representative to Task Force hearings. The Commission will deliberate regarding staff's recommendations related to the complaint. A staff report will be available at the Commission's office and on its website. (Discussion and possible action.)
  4. Consideration of possible response to the 2010-2011 Civil Grand Jury report, "San Francisco Ethics Commission: the Sleeping Watch Dog." The Commission's response to the Civil Grand Jury's findings and recommendations is due within 60 days of the issuance of the report, which occurred on June 20, 2011. (Discussion and possible action.)
  5. Closed session. (Discussion and possible action.)
    1. Closed session held pursuant to Charter section C3.699-13, Brown Act section 54956.9(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
    2. Closed session held pursuant to Brown Act section 54956.9(b) and Sunshine Ordinance section 67.10(d) to discuss anticipated litigation as defendant in light of Arizona Free Enterprise Club's Freedom PAC et al. v. Bennett, U.S. Supreme Court Case No. 10-238.
      Conference with Legal Counsel: Anticipated litigation as defendant
      Number of possible cases: 1
  6. 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 anticipated litigation as plaintiff.
      Motion: The Charter provides that deliberations regarding complaints are confidential. Pursuant to section C3.699-13, the Ethics Commission finds that it is in the best interests of the public (not) to disclose its closed session deliberations re: anticipated litigation.
    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 as defendant.
      Motion: To preserve the attorney client privilege, the Ethics Commission finds that it is in the best interests of the public (not) to disclose its closed session deliberations re: anticipated litigation.
  7. Consideration of possible amendments to the Campaign Finance Reform Ordinance (CFRO), San Francisco Campaign and Governmental Conduct Code section 1.100 et seq. On June 27, 2011, the U.S. Supreme Court issued a decision finding that Arizona's matching funds scheme burdens political speech. At this meeting, the Commission will consider whether it should amend the CFRO and, if so, possible amendments to the CFRO relating to the City's partial public financing program, including but not limited to placing a cap on the amount of public funds that may be disbursed to each certified candidate. A staff report will be available at the Commission office and on its website. (Discussion and possible action.)
  8. Minutes of the Commission's regular meeting of June 13, 2011 and special meeting of June 28, 2011. (Discussion and possible action.)
  9. 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.)
  10. Items for future meetings. Commissioners may propose items for future agendas and the Commission may determine the priority of these items. (Discussion.)
  11. Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.
  12. 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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