City and County of San Francisco
Ethics Commission

English

 SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING
FRIDAY, MAY 13, 2022, 10:00 A.M.
and AGENDA
In-Person Meeting Conducted in City Hall Room 400
1 Dr. Carlton B. Goodlett Place, San Francisco
and also as a Remote Meeting via Webex

** Please note location and time of this meeting**

Video Conferencing Access:  To access this meeting using the Webex application, use this link: https://ccsf.webex.com/ccsf/onstage/g.php?MTID=eeb3110ef74723c57bbe1bbd8519512b5

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Call 1-415-655-0001, for Global call-in numbers, use this link: https://ccsf.webex.com/cmp3300/webcomponents/widget/globalcallin/globalcallin.do?siteurl=ccsf&serviceType=EC&eventID=1607253327&tollFree=0

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AGENDA

1. Call to order and roll call.
2. Public comment on matters not appearing on the agenda.

3. POTENTIAL CLOSED SESSION ITEM

UPDATE WITH LABOR NEGOTIATOR – LABOR NEGOTIATIONS
[Discussion and possible action]

City’s Negotiators:

Carol Isen, Human Resources Director, City and County of San Francisco

Ardis Graham, Employee Relations Director, Department of Human Resources

Jonathan Wright, Manager, Employee Relations Division, Department of Human Resources

Employee Organization: San Francisco Municipal Executives Association

Anticipated Issue Under Negotiation: status of meet and confer concerning the Ethics Commission’s proposed November 2022 ballot measure and regulation amendments

1. Public comment on all matters pertaining to Agenda Item 3, including whether to meet in closed session.
2. Vote on whether to meet in closed session under California Government Code Section 54957.6 and Sunshine Ordinance Section 67.10(e) to discuss labor negotiations.  (Action.)
3. If closed session is held, reconvene in open session.
   1. Disclosure of action taken, if any, that must be disclosed pursuant to Brown Act section 54957.1 and Sunshine Ordinance section 67.12(b), if any.
   2. Discussion and vote pursuant to Sunshine Ordinance section 67.12(a) whether to disclose closed session discussion.  (Discussion and possible action.) Motion:  The Ethics Commission moves not to disclose its closed session discussion.

CONSENT CALENDAR

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)).

4. Draft Minutes of the Commission’s April 8, 2022 regular meeting.
   Attachment: Draft Minutes for April 8, 2022 regular meeting.
5. Proposed Stipulation, Decision and Order In the Matter of Barbara Mumby (SFEC Case No. 1920-051).

REGULAR CALENDAR

6. Presentation by Controller’s Office on its preliminary assessment report, San Francisco Department of the Environment’s Relationship with Recology and Lack of Compliance with Ethics Rules, and discussion and possible action related to report findings and recommendations.
   Attachment: Staff cover memo dated May 9, 2022 and Controller’s April 8, 2022 preliminary assessment report.
7. Discussion of Staff Quarterly Enforcement Report, including informational presentation on the Commission’s administrative hearing process.
   Attachment: Staff cover memo dated May 9, 2022 and attached presentation.
8. Presentation and discussion of Statement of Economic Interests (Form 700) E-Filing Expansion Project Implementation Report.
   Attachment: Staff cover memo dated May 9, 2022 and attached presentation.
9. Staff report and discussion of status of proposed amendments to strengthen City’s gift and ethics laws under consideration as 1) potential Ethics Commission ballot measure and as 2) amended Ethics Commission regulations.
   Attachment: Staff cover memo dated May 9, 2022.
10. 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 written report is available on the Commission’s website and may cover a range of topics such as 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, racial equity work, 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 Report dated May 9, 2022 and attachments.
11. Discussion and possible action on items for future meetings.
12. Additional opportunity for public comment on matters 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.

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.

Materials Available
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.

Meeting Decorum
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.

Disability Access
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 ethics.commission@sfgov.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.

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 ethics.commission@sfgov.org 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.