Minutes — March 10, 2023 – San Francisco Ethics Commission

Minutes of the Regular Meeting of
The San Francisco Ethics Commission
Friday, March 10, 2023

Hybrid meeting conducted in-person in City Hall Room 400, 1 Dr. Carlton B.Goodlett Place, San Francisco, and also held online as a Remote Meeting via WebEx and aired live on SFGovTV

(Approved April 14, 2023)

Note: SFGovTV provides a continuous archive of audio, video, and Caption Notes recordings of Ethics Commission meetings that allows viewers to watch those meetings online in full at the viewer’s convenience. These archives of Ethics Commission meetings may be accessed at SFGovTV at http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=142.

(Note: A complete video recording of this meeting is available at SFGovTv.)

COMMISSION MEMBERS PRESENT: With Chair Yvonne Lee, Vice-Chair Larry Bush, and Commissioner Michael Romano participating, a quorum was present. Commissioners Theis Finlev and Argemira Flórez Feng were not present due to excused absences.

STAFF PRESENTING: Gayathri Thaikkendiyil, Acting Director; Eric Willett, Senior Investigative Analyst; Ronald Contreraz, Online Meeting Moderator; Michael Canning, Acting Policy and Legislative Affairs Manager; Pat Ford, Director of Enforcement.

REPRESENTATIVES OF THE OFFICE OF THE CITY ATTORNEY PRESENT: Brad Russi, Deputy City Attorney.

REPRESENTATIVES OF THE DEPARTMENT OF HUMAN RESOURCES PRESENT: Carol Isen, Human Resources Director; Ardis Graham, Employee Relations Director; Jonathan Wright, Employee Relations Manager.

MATERIALS DISTRIBUTED:

Item 1. Call to order and roll call.

Chair Yvonne Lee convened the meeting at 10:03 a.m. and stated that members of the public may participate in-person or remotely. Meeting Moderator Ronald Contreraz summarized the procedures for participation by members of the public for the meeting.

Item 2. Public comment on matters not appearing on the agenda.

Under Item 2, the Commission provided the opportunity for general public comment on matters not appearing on the Agenda but within the Ethics Commission’s subject matter jurisdiction. 

Chair Lee called for public comment. No public comment was received.

Consent Calendar, Items 3, 4, 5, and 6.

The Commission took up its consent calendar on Item 3, Draft Minutes of the Ethics Commission February 10, 2023, Regular Meeting, Item 4, Director of Enforcement’s Report highlighting Enforcement Division Operations, Item 5, Acting Executive Director’s Report highlighting various departmental programs, operations, and staff news, and Item 6, Proposed Stipulation, Decision and Order In the Matter of Deborah Raphael.

Chair Lee asked that a clarification be added to the Februrary 10 meeting minutes.

Chair Lee called for public comment. No public comment was received.

Chair Lee called the question on Consent Calendar Items 3 and 6. Items 4 and 5 were informational and required no action by the Commission.

Commissioner Romano moved adoption of the Consent Calendar and the motion was seconded by Commissioner Bush. On a roll call vote the Commission unanimously (3-0) approved the motion to approve Consent Calendar items.

Motion 230310-01 (Romano / Bush): Moved, seconded, and passed unanimously (3-0) to adopt Items 3 and 6 as presented on the Consent Calendar with amendment to Item 3.

Item 7. Proposed SARP Stipulation, Decision and Order In the Matter of Alison Collins for School Board 2018 and Alison Collins

Pat Ford spoke about the item and noted that it was only on the regular calendar because it was placed on the calendar late. If not it would have been placed on the consent calendar.

Commissioner Romano asked if there was intent to conceal or deceive, or actual intent to misuse her position of authority. Ford and Willett stated that this is not the case and that Staff found no evidence of intent to deceive or conceal from the committee or Collins.

Commissioner Romano asked about what a self-employed person should put on the form. Ford responded that they should put the name of the entity they work for and that the committee should have gone back to ask.

Commissioner Romano stated that this is a small or moderate violation. Willett responded that that is why this matter went through SARP.

Chair Lee called for public comment. No public comment was received.

Commissioner Bush moved to approve the stipulation and the motion was seconded by Chair Lee. On a roll call vote the Commission unanimously (3-0) approved the motion to approve the stipulation.

Motion 230310-02 (Bush / Lee): The Commission voted unanimously (3-0) to approve the stipulation In the Matter of Alison Collins for School Board 2018 and Alison Collins.

Item 8. POTENTIAL CLOSED SESSION ITEM – UPDATE WITH LABOR NEGOTIATOR [Discussion and Possible Action].

Chair Lee introduced the item and explained the basis for the closed session discussion with labor negotiators. She stated the topic of discussion is the status of the meet and confer process with the San Francisco Municipal Executives Association (MEA) regarding the Commission’s proposed ballot measure and regulation amendments. Representatives from DHR were present to participate in closed session.

Chair Lee explained the process that public comment on the item will first be received and then a vote a will be taken 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. Then, if a closed session is held, the Commission will initiate a closed session meeting with Labor Negotiators and will then reconvene in an open session. Finally, pursuant to Brown Act section 54957.1 and Sunshine Ordinance section 67.12, the Commission will then discuss and vote on a motion whether or not to disclose any action taken or discussion held in the closed session regarding labor negotiations.

Chair Lee called for public comment. No public comment was received.

Commissioner Romano moved to meet in closed session under California Government Code Section 54957.6 and Sunshine Ordinance Section 67.10(e) to discuss labor negotiations. The motion was seconded by Chair Lee and denied (2-1).

Motion 230310-03 (Romano / Lee): Moved, seconded, and denied (2-1) to meet in closed session.

Chair Lee confirmed with Deputy City Attorney Russi that three votes in the affirmative would be required to go into closed session.

Chair Lee spoke of the importance of meeting with representatives from DHR on this matter today, so as to not risk missing another ballot deadline later in the year.

Commissioner Bush stated he objected to going into closed session since some of the participants in closed session are managers whose staff has been found in violation, including MEA.

The Commissioners discussed who would be participating in the closed session and Michael Canning confirmed that only Commission Staff, DHR representatives, and the Deputy City Attorney would be participating in the closed session.

Commissioner Romano renewed his motion to meet in closed session under California Government Code Section 54957.6 and Sunshine Ordinance Section 67.10(e) to discuss labor negotiations. The motion was seconded by Chair Lee and approved unanimously (3-0).

Motion 230310-04 (Romano / Lee): Moved, seconded, and approved unanimously (3-0) to meet in closed session.

Chair Lee explained that the Commission will be entering closed session but that the audio and visual airing of the Commission will resume once the Commission resumes its meeting back in open session.

The Commission went into closed session at 10:24 a.m. After reconvening in open session at 11:23 a.m., Commissioner Romano made a motion pursuant to Brown Act section 54957.1 and Sunshine Ordinance section 67.12 to maintain confidentiality of discussions held in closed session regarding anticipated litigation as plaintiff and not disclose matters discussed in closed session, which was seconded by Chair Lee and not approved by a vote of 2-1, with Commissioner Bush in the dissent. Without an affirmative vote to disclose being approved, the matters discussed in closed session remain confidential.

Motion 230310-05 (Romano / Lee): Moved, seconded, and not approved (2-1) to not disclose matters discussed in closed session, with Commissioner Bush in the dissent.

Item 9. Discussion and possible action on items for future meetings.

Commissioner Romano stated approval for how expeditiously the meeting went and encourage continuing this in the future.

Chair Lee called for public comment. No public comment was received.

Item 10. Additional opportunity for public comment on matters not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.

Chair Lee called for public comment. No public comment was received.

Item 11. Adjournment.

The Commission adjourned at 11:27 p.m.