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Agenda – September 24, 2012

September 24, 2012 5:30 P.M.
Room 400 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 amendments to the Commission’s regulations governing the handling of complaints alleging violations of the Sunshine Ordinance and referrals of such complaints from the Sunshine Ordinance Task Force (“SOTF”). In 2010, Commission staff prepared an earlier version of the draft amendments, which were forwarded to the SOTF for its review and comments on August 17, 2010. On August 1, 2011, the SOTF provided comments, along with alternate proposals. At its meeting on November 14, 2011, the Commission began consideration of a revised set of proposals from staff. At an April 13, 2012 joint meeting, members of the Commission and the SOTF discussed revised proposals, providing guidance to staff for the development of proposed amendments to the regulations that will be considered at this meeting. The proposed amendments, along with a staff report, will be available from the Commission office and on its website. There will be an opportunity for public comment. (Discussion and possible action.)
  4. Consideration of a
    draft follow-up letter to the Mayor regarding Jewelle Gomez, President of the San Francisco Library Commission. After its July 11, 2011 meeting, the Commission sent a letter to the Mayor to recommend that he consider the removal of Ms. Gomez from the Library Commission because the Commission determined that she willfully violated the Sunshine Ordinance, and that her actions fell below the standards of appropriate conduct for a public official. At this meeting, the Commission will consider whether to send a follow-up letter to the Mayor regarding this matter. (Discussion and possible action.)
  5. Consideration of Ethics Complaint Nos. 08110816 and 09110816, alleging that Executive Director John St. Croix and Tonia Lediju of the Controller’s Office willfully violated the Sunshine Ordinance. These matters were referred to the San Jose City Attorney’s Office for investigation and review. At this meeting, the Commission will deliberate the San Jose City Attorney’s Office’s recommendations regarding the complaints. A report from the San Jose City Attorney’s office will be available at the Commission’s office and on the Commission’s website. (Discussion and possible action.)
  6. Closed session. (Discussion and possible action.)
    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: 2
  7. 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 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.
  8. Minutes of the Commission’s regular meeting of July 23, 2012 and special meeting of September 11, 2012. (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 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 Andrea Ausberry 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 Ms. Ausberry 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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