City and County of San Francisco
Ethics Commission

English

SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING
FRIDAY, APRIL 14, 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 this link: https://sfpublic.webex.com/sfpublic/j.php?MTID=m9d7175dea1559131bf0c39654e2aaf5a   

You will then be prompted to enter the following information:

• Name: This field is required to be entered; however, if you wish to remain anonymous, you may type “Public” in the name field.
• 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.

Follow the on-screen prompts to join the meeting. You may be asked to install the WebEx application. 

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

• Call 1-415-655-0001 (Global call-in numbers)
• Enter Access code: 2597 294 2350

Public comment will be available on each item on this agenda. For those attending in person, opportunities to speak during the public comment period will be made available in Room 400, City Hall. In addition to in-person public comment, the Commission will hear up to three minutes per person of remote public comment on each agenda item.

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. Draft Minutes of the Ethics Commission March 10, 2023, Regular Meeting.
   Attachment: Draft Minutes for March 10, 2023, Regular Meeting.
4. Acting Executive Director’s Report highlighting various departmental programs, operations, and staff news.
   Attachment: Acting Executive Director’s report dated April 10, 2023.
5. Proposed amendments to the Statement of Incompatible Activities (SIA) for the Department of Homelessness and Supportive Housing and the Homelessness Oversight Commission.
   Attachment: Cover memo and draft SIA dated April 10, 2023.
6. Proposed amendments to the Statement of Incompatible Activities (SIA) for the Public Works Department, Public Works Commission, and Sanitation and Streets Commission.
   Attachment: Cover memo and draft SIA dated April 10, 2023.
7. Proposed amendments to the Statement of Incompatible Activities (SIA) for the San Francisco Department of Early Childhood and the Children and Families Commission.
   Attachment: Cover memo and draft SIA dated April 10, 2023.
8. Proposed Stipulation, Decision and Order In the Matter of Bearstar Strategies
   Attachment: Cover memo and Proposed Stipulation in SFEC Case No. 23-486. 
9. Proposed Stipulation, Decision and Order In the Matter of Yakuh Askew
   Attachment: Cover memo and Proposed Stipulation in SFEC Case No. 22-463.
10. Proposed Stipulation, Decision and Order In the Matter of Gwyneth Borden
    Attachment: Cover memo and Proposed Stipulation in SFEC Case No. 20-291
11. Proposed Stipulation, Decision and Order In the Matter of Celine Kennelly
    Attachment: Cover memo and Proposed Stipulation in SFEC Case No. 22-470

REGULAR CALENDAR

12. Proposed Stipulation, Decision and Order In the Matter of David Wadhwani
    Attachment: Cover memo and Proposed Stipulation in SFEC Case No. 21-323
13. Discussion of Enforcement Hearing Guidebook Draft.
    Attachment: Enforcement Hearing Guidebook Draft dated April 7, 2023.
14. POTENTIAL CLOSED SESSION ITEMS: Labor Negotiations Update and Public Employee Appointment
    1. Public comment on all matters pertaining to Item 14(d), including whether to meet in closed session.
    2. Public comment on all matters pertaining to Item 14(e), including whether to meet in closed session.
    3. Vote on whether to meet in closed session to consider Item 14(d) under California Government Code Section 54957.6 and Sunshine Ordinance Section 67.10(e) to discuss labor negotiations; and/or whether to meet in closed session to consider Item 14(e), public employee appointment of a new Executive Director, under Government Code Section 54957(b)(1) and Administrative Code Section 67.10(b).  (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 (will not attend closed session) 
       Anticipated Issue Under Negotiation: status of ongoing meet and confer concerning the Ethics Commission’s gift and ethics recommendations for City law.
    5. Public Employee Appointment – Executive Director
       [Discussion and possible action]
    6. If closed session is held, reconvene in open session.
    7. Disclosure of action taken, if any, that must be disclosed pursuant to Government Code Section 54957.1 and Administrative Code Section 67.12(b).
    8. If appropriate: Discussion and vote pursuant to Administrative Code Section 67.12(a) whether to disclose closed session discussion of Item 14(d) and/or 14(e).  (Discussion and possible action.) 
15. Discussion and possible action on items for future meetings.
16. Additional opportunity for public comment on matters not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.
17. 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’s hearings are held at City Hall Room 400, at 1 Dr. Carlton B. Goodlett Place, San Francisco. The building and meeting room are wheelchair accessible. This meeting will be broadcast and captioned on SFGovTV. Remote public participation is available for people with disabilities, as well as all members of the public. Instructions for how to join the meeting remotely are included at the beginning of this agenda. Captions can be enabled if participating remotely via WebEx.

Sign Language Interpretation is also available upon request. If requesting remote Sign Language Interpretation, please submit an accommodation request a minimum of four (4) business hours prior to the start of the meeting. Allowing a minimum of 48 business hours for all other accommodation requests (for example, for other auxiliary aids and services) helps ensure availability. To request accommodation, please contact Ana De Carolis at 415-252-3129 or ana.decarolis@sfgov.org and CC our main email address: ethics.commission@sfgov.org.

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.