August 16, 2022 Notice: Onboarding/Offboarding Commissioners, Board Members, and Department Heads

To:  Appointing Authorities and Filing Liaisons:

Subject: Onboarding/Offboarding Commissioners, Board Members, and Department Heads

This communication serves as a reminder of the statutory notice requirements applicable to members of boards and commissions and department heads upon appointment and resignation/conclusion of term/employment. Compliance with these requirements is vital to ensure that officials submit their Statements of Economic Interests (Form 700) timely and avoid late fees, penalties, and possible disqualification from all participation and voting on matters before their boards or commissions.

Notice of Appointment

Filed by:  Appointing Authority or designee

  • Per SF Campaign and Governmental Conduct Code (C&GCC) Sec. 3.1-105, every appointing authority whose appointees file Statements of Economic Interests (Form 700) with the Ethics Commission must provide written notice to the Ethics Commission of the name of the appointee who has assumed office or employment within 15 days of the City officer assuming office.
  • Correspondingly, whenever the Mayor or a board or commission appoints a department head, the official or the secretary to the board or commission who makes the appointment must inform the Ethics Commission of the appointment within 15 days of the department head’s assuming office date.
  • Please note that the date that a person “assumes office or employment” is the date that a person is sworn in, or begins to perform the duties of the position, whereas the date of appointment or nomination to an office is the date the appointment or nomination is submitted to the confirming body.
  • Failure to provide such notice may constitute official misconduct.

e-Form: SFEC Form NAR – Notice of Appointment

 Notice of Resignation / Leaving Office

Filed by: Appointing Authority or designee

  • Per C&GCC Sec. 3.1-105, every appointing authority whose appointees file Statements of Economic Interests (Form 700) with the Ethics Commission must provide written notice to the Ethics Commission of the name of the appointee who has left office or employment within 15 days of the City officer leaving office.
  • Correspondingly, whenever the Mayor or a board or commission receives the resignation or retirement notice from a department head, the official or the secretary to the board or commission who receives the resignation or retirement notice must inform the Ethics Commission of the resignation or retirement within 15 days of the department head’s departure from office.
  • Please note that the date that a person “leaves office or employment” is the date that the person is no longer authorized to perform the duties of the office, and stops performing those duties.
  • Failure to provide such notice may constitute official misconduct.

e-Form: SFEC Form NRLO – Notice of Resignation / Leaving Office

Failure to File Form 700 by the Deadline

  • Late Filing
    • California Government Code Section 91013 imposes a fee of $10 per day, up to a maximum of $100 per position, for the late filing of a Form 700. Persons who fail to timely file their Form 700 may also be referred to the Ethics Commission ‘s Enforcement Division, which may impose a penalty of up to $5,000 per violation.
    • Additionally, members of Boards and Commissions who have failed to file their required Form 700 Statement of Economic Interests or Ethics & Sunshine Training Declaration by the applicable filing deadline are disqualified from all participation in and voting on matters listed on the meeting agenda of their board or commission until they have met their filing requirements. (SF Campaign and Governmental Conduct Code Section 3.1‐102.5(c).)
  • Enforcement
    • The Ethics Commission and the Fair Political Practices Commission may take steps to initiate an enforcement action against a filer who is more than 30 days late in filing Statement of Economic Interests (Form 700). Under state law, failure to file a Form 700 can subject the filer to a fine of up to $5,000 per violation. In addition, willful failure to file may be a misdemeanor and non-filers may also be subject disciplinary action.

 

For more information, please visit the Ethics Commission’s Appointing Authorities & Filing Liaisons web page, or contact us at ethics.commission@sfgov.org. As an additional reminder, we encourage you to submit Form 700-related questions to the Ethics Commission’s Form 700 Portal for timely assistance.

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