City and County of San Francisco
Ethics Commission

English

SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING
FRIDAY, FEBRUARY 10, 2023, 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 the WebEx Meeting Link.

You will then be prompted to enter the following information:

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://sfgov.webex.com/cmp3300/webcomponents/widget/globalcallin/globalcallin.do?siteurl=sfgov&serviceType=EC&eventID=1744013412&tollFree=0

Enter Access code:  2488 117 8422

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 January 13, 2023, Regular Meeting.
   Attachment: Draft Minutes for January 13, 2023, Regular Meeting.
5. Draft Minutes of the Ethics Commission January 20, 2023, Special Meeting.
   Attachment: Draft Minutes for January 20, 2023, Special Meeting.
6. Acting Executive Director’s Report highlighting various departmental programs, operations, and staff news.
   Attachment: Acting Executive Director’s report dated February 6, 2023.

REGULAR CALENDAR

7. Election of Commission Officers for 2023 per Ethics Commission Bylaws, Article IV, Section 1.
   Attachments: Staff memo dated February 6, 2023; Public Comment Received After Meeting.
8. Discussion and possible action on Executive Director recruitment process, which may include participation by a representative from the executive search firm.
9. Discussion and possible action regarding the impact of the upcoming termination of the Governor’s COVID-19 emergency proclamation and the Mayor’s emergency order on current Ethics Commission hybrid meeting operations and whether to continue to resource and provide online and telephone conferencing services to facilitate remote public comment.
   Attachment: Staff memo dated February 6, 2023.
10. Discussion of the BOS Resolution (File No. 221211) urging the Ethics Commission to timely complete backlog of outstanding audits, and updates from the Audit program.
    Attachment:  Staff memo dated February 6, 2023.
11. Public comment, discussion, and possible action regarding Ethics Commission budget proposal for Fiscal Year 2024 that begins July 1, 2023.
    Attachments: Staff memo dated February 6, 2023.
12. POTENTIAL CLOSED SESSION ITEMS
    1. Public comment on all matters pertaining to Item 12(d), including whether to meet in closed session.
    2. Public comment on all matters pertaining to Item 12(e), including whether to meet in closed session.
    3. Vote on whether to meet in closed session to consider Item 12(d) under California Government Code Section 54957.6 and Sunshine Ordinance Section 67.10(e) to discuss labor negotiations; and/or whether to assert attorney-client privilege and meet in closed session to consider Item 12(e) 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.)
    4. UPDATE WITH LABOR NEGOTIATOR – LABOR NEGOTIATIONS
       [Discussion and possible action]
       City’s Negotiators: Carol Isen, Human Resources Director, Department of Human Resources
       Ardis Graham, Employee Relations Director, Department of Human Resources
       Jonathan Wright, Manager, Employee Relations Division, Department of Human Resources
       Jonathan Rolnick, Chief Labor Attorney, Office of the City Attorney
       Jennifer Stoughton, Deputy City Attorney, Office of the 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.
    5. PROBABLE CAUSE DETERMINATION
       [Discussion and possible action]
       Confidential closed session discussion and possible action regarding probable cause determination for complaint alleging violations of the Campaign Finance Reform Ordinance, Article III, Chapter 2 of the San Francisco Campaign and Governmental Conduct Code.
       Closed conference with Legal Counsel: Anticipated litigation as plaintiff.
       Number of possible cases: 1.
    6. If closed session is held, reconvene in open session.
    7. Disclosure of action taken, if any, that must be disclosed pursuant to Brown Act section 54957.1 and Sunshine Ordinance section 67.12(b).
    8. If appropriate: Discussion and vote pursuant to Sunshine Ordinance section 67.12(a) whether to disclose closed session discussion of Item 12(d) and/or 12(e). (Discussion and possible action.)
13. Discussion and possible action on items for future meetings.
14. Additional opportunity for public comment on matters not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.
15. 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

Materials contained in the Commission packets for meetings are regularly available for inspection and copying during regular office hours at the Ethics Commission, 25 Van Ness Avenue, Suite 220, and on the Commission’s website at https://sfethics.org 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.

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.

Accesibilidad Lingüística

De acuerdo con la Ordenanza de Accesibilidad Lingüística (Capítulo 91 del Código Administrativo de San Francisco), los servicios de interpretación al chino, español o filipino (tagalo) estarán disponibles bajo petición. Las minutas de las reuniones se pueden traducir, si así se solicita y tras su aprobación por la Comisión. Los servicios de interpretación a otros idiomas se prestarán siempre y cuando sea posible. Para solicitar asistencia con estos servicios, póngase en contacto con la Comisión de Ética llamando al (415) 252-3100 o por su email: ethics.commission@sfgov.org por lo menos 48 horas antes de la audiencia. Las solicitudes tardías serán atendidas si es posible.

語言服務

根據語言服務條例（三藩市行政法典第91章），中文、西班牙語和/或菲律賓語（泰加洛語）傳譯人員在收到要求後將會提供傳譯服務。 翻譯版本的會議紀錄可在委員會通過後因應要求而提供。 其他語言協助在可能的情況下也將可提供。上述的要求，請於會議前最少48小時致電(415) 252-3100或電郵至ethics.commission@sfgov.org 向道德委員會提出。逾期提出的請求，若可能的話，亦會被考慮接納。

Pag Akses sa Wika (Language Access)

Ayon sa Language Access Ordinance (Chapter 91 ng San Francisco Administrative code), may taga salin -wika  sa Chinese, Spanish o Filipino (Tagalog) na nakahanda kung ito ay hihilingin. Ang mga isinulat na pinag usapan sa pagpupulong ay maaaring isalin wikam kung ito ay hihilingin, matapos itong pagtibayin ng Kommission. Ang tulong sa ibang wika ay pag bibigyan hangang sa abot ng makakakaya.Para humingi ng tulong sa mga serbisyong ito, makipag ugnayan po Ethics Commission sa (415) 252 3100 o kaya ay sa  ethics.commission@sfgov.org nang hindi bababa sa 48 oras bago ang pagpupulong. ang mga nahuling kahilingan ay bibigyan daan pa rin sa abot ng makakayanan.

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.