SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING
NOVEMBER 13, 2020, 9:30 A.M.
Remote Meeting via Webex
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To raise your hand for public comment on a specific agenda item press *3 when prompted by the meeting moderator.
- Call to order and roll call.
- Public comment on matters appearing or not appearing on the agenda.
A consent calendar is the portion of the printed agenda which lists routine matters that are expected to be non-controversial and on which there are no questions. There will be no separate discussions on a Consent Calendar item unless a request is made by a Commission member or a member of the public in attendance, in which event the matter shall be removed from the consent Calendar and considered as a separate item. (Ethics Commission Bylaws, Article VIII, Section 2). When a stipulated order is placed on the Consent Calendar, members of the public will be permitted to comment on any stipulated order listed on the Consent Calendar. (Ethics Commission Enforcement Regulations Section 12(E)).
- Draft Minutes for October 9, 2020 Ethics Commission Regular Meeting.
Attachment: Draft Minutes for October 9, 2020 meeting.
- Discussion and possible action on presentation by Controller’s Office on Controller’s November 5, 2020 Report, Preliminary Assessment: San Francisco’s Debarment Process.
Attachment: Staff cover memo and Controller’s Report dated November 5, 2020.
- Discussion and possible action on presentation by Controller’s Office Whistleblower Program Staff on Annual Report of Whistleblower Program for Fiscal Year 2019-20.
Attachment: Staff cover memo, Controller’s Office overview presentation, and Whistleblower Program Annual Report and Quarter 4 Results, Fiscal Year 2019-20.
- Discussion and possible action on Staff report on Phase One of the Government Ethics and Conflict of Interest Review: Behested Payments.
Attachment: Staff report dated November 9, 2020 and attachments.
- Discussion and possible action on monthly Staff Policy Report, including consideration of policy prioritization plan.
Attachment: Staff report dated November 9, 2020 and attachments.
- Discussion of monthly Staff Enforcement Report.
Attachments: Staff report dated November 9, 2020 and attachments.
- Discussion of Executive Director’s Report. An update of various programmatic and operational highlights of Ethics Commission staff activities since the Commission’s previous meeting. The Executive Director’s written report, which is available on the Commission’s 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: November 9, 2020 Executive Director’s Report.
- Discussion and possible action on items for future meetings.
- Discussion and possible action regarding probable cause determination for complaint alleging violations of the Government Ethics Ordinance, Article III, Chapter 2 of the San Francisco Campaign and Governmental Conduct Code. Possible Closed Session:
- Public comment on all matters pertaining to this agenda item.
- If appropriate: Motion: The Ethics Commission moves 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).
- Conference with Legal Counsel: Anticipated litigation as plaintiff. (Discussion and possible action.) Number of possible cases: 1
- If appropriate: Discussion and vote pursuant to Brown Act section 54957.1 and Sunshine Ordinance section 67.12 to maintain the confidentiality of discussions held in closed session regarding anticipated litigation as plaintiff. (Discussion and possible action.)
If appropriate: Motion: The Ethics Commission moves not to disclose its closed session deliberations re: anticipated litigation.
- Additional opportunity for public comment on matters appearing or not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.
There will be an opportunity for public comment on each agenda item.
Ethics Commission Video and Audio Archives Available at SFGovTV
SFGovTV provides a continuous archive of audio, video, and Caption Note recordings of Ethics Commission meetings that allows viewers to watch those meetings online in full once SFGovTV has posted those recordings. These archives of Ethics Commission meetings may be accessed on the SFGovTV Video on Demand website at http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=142.
During the pendency of the closure of the Commission’s offices during the COVID-19 Shelter-in-Place Order and related disruptions to on-site business processes, materials contained in this and subsequent Commission packets for meetings will be available only electronically, at least 72 hours prior to meetings, until such time that the Commission reopens its offices. 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 will likewise be available electronically.
Electronic Devices Prohibited
The ringing of and use of cell phones, pagers, and similar sound-producing electronic devices are prohibited at this meeting, except as necessary to participate remotely. The Chair may order the exclusion from participation of any person responsible for improper disruptions to this remote meeting.
The Ethics Commission encourages and promotes integrity in government by education and example and is committed to treating all staff, members of the public, and colleagues with courtesy, respect, objectivity, and fairness. Ethics Commission By-Laws Article XI Sec. 1. Members of the public who attend commission meetings, including remote attendance, are also expected to behave responsibly and respectfully. Persons who engage in name-calling, shouting, interruptions, or other distracting behavior may be excluded from participation. The following behaviors or activities are strictly prohibited during remote participation: applause or vocal expression of support or opposition; signs regardless of content or message; profanity; threats of physical aggression. The prohibition on signs does not apply to clothing, which includes signage pinned to clothing, messages displayed on clothing, pins, hats, or buttons. This provision supplements rules and policies adopted by City Hall, the Sherriff’s Office, or the Board of Supervisors related to decorum, prohibited conduct or activities, noise, etc. and is not meant to be exhaustive.
The Ethics Commission meeting will be held remotely, as described above.
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 firstname.lastname@example.org 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.
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 email@example.com at least 48 hours in advance of the hearing. Late requests will be honored if possible.
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.
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 .