City and County of San Francisco
Ethics Commission

English

SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING
June 23, 2014, 5:30 P.M.
and AGENDA
Room 400 City Hall
1 Dr. Carlton B. Goodlett Place, San Francisco

I. Call to order and roll call.

II. Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.

III. Discussion regarding legislation passed by the Board of Supervisors on June 17, 2014, which amends the City’s Lobbyist Ordinance to, among other things: (1) change the lobbyist qualification threshold; (2) increase the number of City officials covered by the ordinance; (3) modify certain exemptions from the lobbyist registration requirement; (4) impose certain Commission mandates; (5) add new enforcement provisions; and (6) require reporting by certain permit expediters and developers (BOS File No. 130374). (Attachment: Memorandum to Commission)

IV. Discussion and possible action regarding proposed stipulation, decision and order in connection with a complaint initiated or received by the Ethics Commission. Possible Closed Session.

1. Public comment on all matters pertaining to Agenda Item IV, including whether to meet in closed session.
2. Vote on whether to assert attorney-client privilege and meet in closed session under Charter section C3.699-13, Brown Act section 54956.9 and Sunshine Ordinance section 67.10(d) to discuss anticipated litigation as plaintiff. (Action.)
3. Conference with Legal Counsel: Anticipated litigation as plaintiff. (Discussion and possible action.)
   Number of possible cases: 1
4. 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. (Discussion and possible action.)

Motion: The Ethics Commission moves (not) to disclose its closed session deliberations re: anticipated litigation.

V. Discussion and possible action regarding probable cause determinations in connection with complaints received or initiated by the Ethics Commission. Possible Closed Session.

1. Public comment on all matters pertaining to Agenda Item V, including whether to meet in closed session.
2. Vote on whether to assert attorney-client privilege and meet in closed session under Charter section C3.699-13, Brown Act section 54956.9 and Sunshine Ordinance section 67.10(d) to discuss anticipated litigation as plaintiff. (Action.)
3. Conference with Legal Counsel: Anticipated litigation as plaintiff. (Discussion and possible action.)
   Number of possible cases: 3
4. 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. (Discussion and possible action.)

Motion: The Ethics Commission moves (not) to disclose its closed session deliberations re: anticipated litigation.

VI. Discussion regarding the status and background of pending litigation as defendant, Grossman v. John St. Croix, Executive Director, and San Francisco Ethics Commission, San Francisco County Superior Court, Case No. CPF-13-513221; California Court of Appeal 1st Dist., Case No. A140308. Possible Closed Session. (Attachments: Order to Show Cause, Court Docket and Appellate Briefs.)

1. Public comment on all matters pertaining to Agenda Item VI, including whether to meet in closed session.
2. Vote on whether to assert attorney-client privilege and meet in closed session under Brown Act section 54956.9 and Sunshine Ordinance section 67.10(d) to discuss pending litigation as defendant. (Action.)
3. Conference with Legal Counsel: Pending litigation as defendant. (Discussion and possible action.)
   Number of possible cases: 1
4. 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 pending litigation as defendant. (Discussion and possible action.)

Motion: The Ethics Commission moves (not) to disclose its closed session deliberations re: pending litigation.

VII. Discussion and possible action on the minutes of the Commission’s meeting of May 28, 2014. (Attachment: May 28, 2014 draft minutes.)

VIII. 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.)

IX. Items for future meetings. Commissioners may propose items for future agendas and the Commission may determine the priority of these items. (Discussion.)

X. 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 http://www.sfgov.org

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: www.sfgov.org/ethics.

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