Agenda – September 23, 2013

September 23, 2013 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. Discussion and possible action on matters submitted under Chapter Three of the Ethics Commission Regulations for Violations of the Sunshine Ordinance. Under Chapter Three, the Executive Director has prepared a written report and recommendation summarizing his factual and legal findings on each of the following matters. Respondents and Complainant may speak on their own behalf, subject to the following time limits: Complainant may make a ten-minute statement; each Respondent may make a ten-minute statement; and Complainant may offer a five-minute rebuttal. The votes of at least three Commissioners are required to make a finding that a Respondent has committed a willful or non-willful violation of the Sunshine Ordinance. (Attachments: for each matter listed, notice letters from the Commission staff to Complainant and Respondents, staff report with recommendation and attachments, and any documents submitted to the Commission by the Complainant and/or Respondents; a copy of the Ethics Commission Regulations for Violations of the Sunshine Ordinance and a copy of the Sunshine Ordinance, Chapter 67 of San Francisco Administrative Code.)
    1. Ethics Complaint No. 02-120402 regarding alleged willful violation of Sunshine Ordinance by elected officials (referred from the Sunshine Ordinance Task Force on April 2, 2012)
      Complainant: Pastor Gavin
      Respondents: David Chiu, Malia Cohen, Eric Mar, and Scott Wiener, members of the San Francisco Board of Supervisors
  4. Discussion and possible action on draft regulations related to the handling of violations of the Sunshine Ordinance. Since the Commission’s Regulations for Violations of the Sunshine Ordinance became effective in January 2013, staff has identified several provisions that require clarification. (Attachment: September 5, 2013 staff report and draft regulations.)
  5. Discussion and possible action on an Annual Report for Fiscal Year 2012-2013. The Commission will discuss the contents of a draft annual report, suggest and vote on possible amendments, and possibly adopt the report for submission to the Mayor and Board of Supervisors. (Attachment: draft annual report for FY 12-13.)
  6. Public Employee Performance Evaluation: Executive Director John St. Croix
    1. Public comment on all matters pertaining to Agenda Item VI, including any comment pertaining to the performance evaluation of the Commission’s Executive Director or whether to hold the meeting in closed session.
    2. Vote on whether to hold the meeting in closed session under Government Code section 54957(b) and Sunshine Ordinance section 67.10(b). (Action.)
    3. Deliberations regarding performance of Executive Director (in open or closed session, per the Commission’s vote). (Discussion and possible action.)
    4. If closed session is held, reconvene in open session.
      1. Discussion and vote pursuant to Sunshine Ordinance section 67.12(a) on whether to disclose any portion of the closed session discussion regarding the public employee performance evaluation. (Action.)
        Motion: That the Ethics Commission (not) disclose its closed session deliberations re: public employee performance evaluation.
  7. Discussion and possible action on the minutes of the Commission’s meeting of July 22, 2013. (Attachment: July 22, 2013 draft minutes.)
  8. Discussion of 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. (Attachment: Executive Director’s Report.)
  9. Items for future meetings. Commissioners may propose items for future agendas and the Commission may determine the priority of these items. (Discussion.)
  10. Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.
  11. Adjournment.

There will be an opportunity for public comment on each agenda item.

Materials contained in the Commission packets for meetings are available for inspection and copying during regular office hours at the Ethics Commission, 25 Van Ness Avenue, Suite 220, at least 72 hours prior to meetings. Any materials distributed to members of the Ethics Commission within 72 hours of the meeting or after the agenda packet has been delivered to the members are available for public inspection at the Ethics Commission, 25 Van Ness Avenue, Suite 220, San Francisco, during normal office hours.

Cell phones, pagers and similar sound-producing electronic devices: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. The Chair may order the removal from the meeting room of any person responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Disability Access: The Ethics Commission meeting will be held in Room 400, City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA. The Commission meeting room is wheelchair accessible. The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street. Accessible MUNI lines serving this location are: #42 Downtown Loop, and #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro Stations at Van Ness and Market and at Civic Center. For information about MUNI accessible services call (415) 923-6142. There is accessible curbside parking adjacent to City Hall on Grove Street and Van Ness Avenue and in the vicinity of the Veterans Building at 401 Van Ness Avenue adjacent to Davies Hall and the War Memorial Complex.

To obtain a disability-related modification or accommodation, including auxiliary aids or services, to participate in a meeting, please contact the Ethics Commission at least 48 hours before the meeting, except for Monday meetings, for which the deadline is 4:00 p.m. the previous Friday. Late requests will be honored, if possible. Services available on request include the following: American sign language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes. Please contact the Ethics Commission (415) 252-3100 to make arrangements for a disability-related modification or accommodation.

Chemical-Based Products: 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.

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE (Chapter 67 of the San Francisco Administrative Code): Government's duty is to serve the public, reaching its decisions 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 SUNSHINE ORDINANCE, CONTACT THE SUNSHINE ORDINANCE TASK FORCE, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689; phone: (415) 554-7724; fax: (415) 554-7854; email: SOTF@SFGOV.ORG. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, at the San Francisco Public Library, and on the City's website at

Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence local policy or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code sections 2.100 – 2.160) 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 website:


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