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Agenda – November 14, 2011


November 14, 2011 5:30 P.M.
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 and referrals regarding alleged violations of the Sunshine Ordinance. These regulations will address Ethics Commission procedures and propose penalties for willful violations and warning letters for non-willful violations. Staff forwarded the Sunshine Ordinance Task Force ("SOTF") an earlier version of the draft regulations on August 17, 2010, and the SOTF responded with written comments and an alternative proposal on August 1, 2011. At this meeting, the Commission will consider a revised set of proposals from staff, along with the SOTF's comments. A staff report is available at the Commission office and on its website. (Discussion and possible action.)
  4. Consideration of request for waivers from the post-employment bans under Campaign and Governmental Conduct Code sections 3.234(a)(1) and (a)(2). Tiffany Bohee, a former employee with the Mayor's Office of Workforce and Economic Development who is now the interim director of the San Francisco Redevelopment Agency, has requested that the Commission grant her waivers from the prohibitions against representing a non-City party before an administrative agency on matters in which she represented the City and against communicating with her former City department with the intent to influence a governmental decision. A staff report is available at the Commission office as well as on the Commission website. (Discussion and possible action.)
  5. Closed session. (Discussion and possible action.)
    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 anticipated litigation as plaintiff.
    Conference with Legal Counsel: Anticipated litigation as plaintiff
    Number of possible cases: 3
  6. 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 anticipated litigation.
    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.
  7. Continuation of consideration of possible amendments to the Campaign Finance Reform Ordinance, San Francisco Campaign and Governmental Conduct Code section 1.100 et seq., that would, among other things, consolidate the disclosure and disclaimer requirements that apply to third parties that make communications about candidates for City elective office; consolidate the disclosure and disclaimer requirements that apply to communications paid for by candidates for City elective office; to eliminate the overall contribution limit to candidates; provide for the indexing of the $500 per person contribution limit to candidates; allow a candidate to designate up to ten percent of his or her campaign expenditures as compliance costs that would not count towards the voluntary expenditure ceiling or individual expenditure ceiling; and replace the 24-hour schedule for reporting spending regarding candidates with an alternate schedule for reporting such spending. The Commission considered and approved a number of these proposals at its October 19, 2011 meeting. The Commission will complete consideration of these proposals at the meeting. A staff memo on these and other possible amendments will be available at the Commission office and on its website. (Discussion and possible action.)
  8. Consideration of legislation to delay certification of Supervisorial candidates as eligible to receive public funds in the November 2012 election until the supervisorial district lines have been finally revised by the Redistricting Task Force. Under the City Charter, the Task Force must complete these revisions by April 15, 2012. The draft legislation and a staff memo will be available at the Commission office and on its website. (Discussion and possible action.)
  9. Minutes of the Commission's special meeting of October 19, 2011. (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 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,

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


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