City and County of San Francisco
Ethics Commission

English

SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING
FRIDAY, OCTOBER 14, 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

Video Conferencing Access:  To access this meeting using the Webex application, use this link: https://ccsf.webex.com/ccsf/onstage/g.php?MTID=ef0ffe4c833e360a37df338c7add8f2e4

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First and Last Name: These fields are required to be entered; however, if you wish to remain anonymous, you may type “Public” in the first and last name fields.

Email Address: This field is required to be entered; however, if you wish to remain anonymous, you may type “Public@public.com in the email field

Click the “Join Now” button to join the meeting

Audio Conferencing Access: To access this meeting by phone, do the following:

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=1688484552&tollFree=0

Enter Access code: 2494 977 6913

AGENDA

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

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)).

3. Resolution on Continuation of Remote/Hybrid Commission Meetings.
   Attachment: Proposed Resolution on Continuation of Remote/Hybrid Commission Meetings.
4. Draft Minutes of the Ethics Commission July 8, 2022 Regular Meeting.
   Attachment: Draft Minutes for July 8, 2022 regular meeting.
5. Draft Minutes for Ethics Commission July 27, 2022 Special Meeting.
   Attachment: Draft Minutes for July 27, 2022 special meeting.
6. Draft Minutes for Ethics Commission August 12, 2022 Regular Meeting.
   Attachment: Draft Minutes for August 12, 2022 regular meeting.
7. Executive Director’s Report highlighting various departmental programs and operations.
   Attachment: Director’s report dated October 7, 2022.

REGULAR CALENDAR

8. Discussion and possible action on beginning an Executive Director recruitment process. The Executive Director has notified the Commission of her decision to resign effective January 23, 2023. The Commission will discuss the search for its next Executive Director. A representative from the Department of Human Resources will be present to advise the Commission about that process.
   Attachments: Cover memo; Executive Director Resignation Letter dated September 30, 2022; and 2015 Executive Director position announcement.
9. Presentation and discussion of process to develop Ethics Commission behested payments regulations.
   Attachments: Staff report dated October 7, 2022 and attachments.
10. Discussion and possible action on Ethics Commission Draft Annual Report for the Fiscal Year ending June 30, 2022.
    Attachments: Cover memo and Draft Annual Report dated October 7, 2022.
11. 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
    Jonathan Rolnick, Chief Labor Attorney
    Jennifer Stoughton, Deputy City Attorney
    Employee Organization: San Francisco Municipal Executives Association
    Anticipated Issue Under Negotiation: status of ongoing meet and confer concerning the Ethics Commission’s gift and ethics recommendations for City law.
    1. Public comment on all matters pertaining to Agenda Item 11, 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.

12. Discussion and possible action on items for future meetings.
13. Additional opportunity for public comment on matters not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.
    Public comment received after the meeting started
14. 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.