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Agenda – September 26, 2016

5:30 P.M. @ Room 400, City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco. (Watch Live )


September 26, 2016, 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.
  3. Discussion and possible action on draft minutes for the Commission’s July 25, 2016 regular meeting.
    Attachments: July 25, 2016 draft minutes
  4. Discussion and possible action on Hearing on the Merits for Complaint No. 19-131115, In the Matter of Lynette Sweet and Sweet for Supervisor 2010
    Attachments: Staff memorandum, dated September 22, 2016; Hearing brief and supporting documents
  5. Discussion and possible action on the Sunshine Ordinance Task Force’s referral for enforcement against Steve Kawa, Complaint 04-160718, Michael Petrelis v. Steve Kawa
    Attachments: Staff memorandum dated September 16, 2016; SOTF Referral File No. 15163; Letter from the Office of the City Attorney, dated September 15, 2016; San Francisco Administrative Code, Chapter 67 (Sunshine Ordinance); Ethics Commission Regulations for Handling Violations of the Sunshine Ordinance
  6. Discussion and possible action on amendment to the Ethics Commission’s bylaws to establish a process for Staff to notify the Commission when attorney-client privilege has been invoked in response to a request for public records.
    Attachments: Staff Memorandum dated September 16, 2016, and supporting documents
  7. Presentation and discussion of informational staff report highlighting 2016 election activities.
    Attachments: Election 2016 handout dated September 22, 2016 
  8. Discussion and possible action on proposed biennial Conflict of Interest Code update for Ethics Commission.
    Attachments: Staff memorandum dated September 21, 2016, and supporting documents
  9. Discussion of Executive Director’s Report. An update of various programmatic and operational highlights of Ethics Commission staff activities since the Commission’s previous monthly meeting. The written report, which is available at the Commission office and on its website, covers a range of topics such the Commission’s budget, outreach activities, campaign finance disclosure and public financing programs, audit program, lobbyist program, campaign consultant program, permit consultant program, major developer program, and future staff projects. Any of these subjects may potentially be part of the Director’s presentation or discussed by the Commission.
    Attachments: Executive Director’s Report dated September 21, 2016, and supporting documents
  10. Discussion and possible action on items for future meetings.
  11. Discussion and possible action regarding proposed settlement for the Ethics Commission’s consideration in Mark Farrell for District 2 Supervisor 2010, et al. v. City and County of San Francisco, et al. (S.F. Superior Court Case No. 16-551745) for a $25,000 payment by Supervisor Farrell and mutual release of legal claims.  Possible Closed Session.
    1. Public comment on all matters pertaining to Agenda Item 3, 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. (Action.)
    3. Conference with Legal Counsel: Pending litigation. (Discussion and possible action.)
      Number of possible cases: 1
    4. If closed session is held, reconvene in open session.
    5. 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.  (Discussion and possible action.)
      Motion: The Ethics Commission moves (not) to disclose its closed session deliberations re: pending litigation.

    Attachments:  Court filings in the above-named matter.

  12. Additional opportunity for public comment on matters appearing or not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.
  13. 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 accessible to persons using wheelchairs and other assistive mobility devices. Ramps are available at the Grove, Van Ness and McAllister entrances. 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 request assistive listening devices, real time captioning, sign language interpreters, readers, large print agendas or other accommodations, please contact the Ethics Commission at (415) 252-3100 or at least 72 hours in advance 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.

Language Access: Per the Language Access Ordinance (Chapter 91 of the San Francisco Administrative Code), Chinese, Spanish and or Filipino (Tagalog) interpreters will be available upon requests. Meeting Minutes may be translated, if requested, after they have been adopted by the Commission. Assistance in additional languages may be honored whenever possible. To request assistance with these services please contact at (415) 252-3100 or at least 48 hours in advance of the hearing. Late requests will be honored if possible.

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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