Minutes of the Regular Meeting of
The San Francisco Ethics Commission
Friday, April 14, 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 May 5, 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, Commissioner Michael Romano, and Commissioner Theis Finlev participating, a quorum was present. Commissioner Flórez Feng was not present due to an excused absence.
STAFF PRESENTING: Steven Massey, Acting Deputy Director and Chief Operating Officer; Ronald Contreraz, Meeting Moderator; Michael Canning, Acting Policy and Legislative Affairs Manager; Pat Ford, Director of Enforcement; Zach D’Amico, Senior Investigative Analyst; Bisi Matthews, Senior Investigative Analyst
REPRESENTATIVES OF THE OFFICE OF THE CITY ATTORNEY PRESENT: Brad Russi, Deputy City Attorney.
MATERIALS DISTRIBUTED:
- Draft Minutes for March 10, 2023, Regular Meeting.
- Acting Executive Director’s report dated April 10, 2023.
- Cover memo and draft SIA dated April 10, 2023 for the Department of Homelessness and Supportive Housing and the Homelessness Oversight Commission.
- Cover memo and draft SIA dated April 10, 2023 for the Public Works Department, Public Works Commission, and Sanitation and Streets Commission.
- Cover memo and draft SIA dated April 10, 2023 for the San Francisco Department of Early Childhood and the Children and Families Commission.
- Cover memo and Proposed Stipulation in SFEC Case No. 23-486 In the Matter of Bearstar Strategies
- Cover memo and Proposed Stipulation in SFEC Case No. 22-463 In the Matter of Yakuh Askew
- Cover memo and Proposed Stipulation in SFEC Case No. 20-291 In the Matter of Gwyneth Borden
- Cover memo and Proposed Stipulation in SFEC Case No. 22-470 In the Matter of Celine Kennelly
- Cover memo and Proposed Stipulation in SFEC Case No. 21-323 In the Matter of David Wadhwani
- Enforcement Hearing Guidebook Draft dated April 7, 2023
Item 1. Call to order and roll call.
Chair Yvonne Lee convened the meeting at 10:04 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.
Public Comment:
Ellen Lee Zhou spoke about retaliation against her since her run for mayor in 2018 and 2019. Zhou also revealed her vaccination status and belief that the City’s vaccine requirements are harmful.
Consent Calendar, Items 3, 5, 6, and 7.
The Commission took up its consent calendar on Item 3, Draft Minutes for March 10, 2023, Regular Meeting, Item 5, Proposed amendments to the Statement of Incompatible Activities (SIA) for the Department of Homelessness and Supportive Housing and the Homelessness Oversight Commission, and Item 7, Proposed amendments to the Statement of Incompatible Activities (SIA) for the San Francisco Department of Early Childhood and the Children and Families Commission.
Item 6 was removed from the Consent Calendar and continued to the call of the Chair.
The Chair requested Items 9 and 10 be removed from the Consent Calendar.
Commissioner Romano requested Items 8 and 11 be removed from the Consent Calendar.
Commissioner Finlev moved to adopt the Consent Calendar Items 3, 4, 5, and 7 and the motion was seconded by Commissioner Romano.
Public Comment:
David Pilpel requested Item 4 be removed from the Consent Calendar.
Ellen Lee Zhou spoke about issues with the Ethics Commission doing public business without public involvement and about issues with people dying from drugs and COVID-19. Zhou also referenced death angels acting against City officials.
Commissioner Finlev cautioned that calling for the death of public is not a productive use of public comment or civic engagement.
Commissioner Romano stated the Commission should consider interrupting commenters who are making inappropriate comments.
No further public comment was received and public comment on the item was closed.
The Commissioners discuss the logistics of removing Item 4 from the Consent Calendar.
Commissioner Finlev amends his motion to adopt the remaining items on the Consent Calendar, with Item 4 removed.
Chair Lee called the question on Consent Calendar Items 3, 5, and 7.
On a roll call vote the Commission unanimously (3-0) approved the motion to approve Consent Calendar Items 3, 5, and 7.
Motion 230414-01 (Finlev / Romano): Moved, seconded, and passed unanimously (3-0) to adopt Items 3, 5, and 7 as presented on the Consent Calendar.
Item 4. Acting Executive Director’s Report highlighting various departmental programs, operations, and staff news.
Public Comment:
David Pilpel expressed concern that budget cuts would impact the Commission’s ability to fulfill mandates approved by voters.
No further public comment was received and public comment on the item was closed.
This item was informational and required no action by the Commission.
Item 8. Proposed Stipulation, Decision and Order In the Matter of Bearstar Strategies
Commissioner Romano recused himself due to a family connection. Chair Lee moved Item 8 to the next meeting due to a lack of quorum.
Item 9. Proposed Stipulation, Decision and Order In the Matter of Yakuh Askew
Pat Ford introduced the case and proposed penalties. The Commissioners discussed the appropriateness of the proposed penalty vs. the maximum possible penalty.
Commissioner Romano requested all of the details related to the case. Commissioner Romano and Chair Lee stated that they would not vote to approve the proposed penalty.
Deputy City Attorney, Brad Russi, clarified the following procedural steps: the Commission could vote to continue the matter, vote to reject the stipulation, or take no action at all.
Chair Lee moved to reject the proposal and have Staff continue working on the matter, the motion was seconded by Commissioner Finlev, and on a roll call vote the motion was approved unanimously (3-0).
Chair Lee called for public comment. No public comment was received.
Motion 230414-02 (Lee/ Finlev): Moved, seconded, and passed unanimously (3-0) to reject the proposed penalty.
Commissioner Finlev confirmed with Russi that all votes need to be unanimous given that there were only three Commissioners present.
Item 10. Proposed Stipulation, Decision and Order In the Matter of Gwyneth Borden
Pat Ford introduced the case. Commissioner Romano asked why this case deserved a higher penalty than the case in Item 9. The Commissioners and Ford discussed the differences between the case in Item 10 versus the case in Item 9.
Commissioner Romano confirmed the maximum penalty amount with Ford.
Chair Lee stated that considering the respondent’s prior exposure to ethics training, the Chair would like to see a higher penalty amount.
Chair Lee moved to reject the proposal and have Staff continue to work on the matter, the motion was seconded by Commissioner Finlev, and approved unanimously (3-0).
Public Comment:
David Pilpel stated that the details of payment received by respondents should be easier for the public to see. He also suggested that the penalty not exceed the total compensation that the respondent received.
No further public comment was received and public comment on the item was closed.
Motion 230414-03 (Lee/ Finlev): Moved, seconded, and passed unanimously (3-0) to reject the proposed penalty.
Item 11. Proposed Stipulation, Decision and Order In the Matter of Celine Kennelly
Commissioner Romano clarified the details of the case and requested a $500 penalty. The Commissioners and Pat Ford discussed the appropriateness of the penalty given that the respondent was reminded twice to file Form 700.
Chair Lee asked about additional penalties for Commissioners who continue to work while in violation of filing Form 700. Ford stated that Staff will bring this case back to the Commission at a later meeting when there is a different make-up of Commissioners present.
Commissioner Romano moved to reject the proposal and have Staff continue working on this matter, the motion was seconded by Chair Lee and not approved (2-1), with Commissioner Finlev in the dissent.
Public Comment:
David Pilpel stated that disclosure categories should be reassessed based on decision making authority and agrees with Commissioner Romano’s desire for a $500 penalty.
No further public comment was received and public comment on the item was closed.
Motion 230414-04 (Romano/Lee): Moved, two votes in the affirmative and one vote in the negative to reject the penalty.
Commissioner Finlev then moved to approve the proposed stipulation. The motion was not seconded and failed.
Motion 230414-05 (Finlev/none): Moved, not seconded, motion to approve the penalty failed.
Item 12. Proposed Stipulation, Decision and Order In the Matter of David Wadhwani
Pat Ford introduced the case.
Commissioner Finlev asked about the actions that the respondent took while in violation of filing Form 700.
Commissioner Finlev moved to approve the proposed stipulation, the motion was seconded by Chair Lee, and on a roll call vote the motion was approved unanimously (3-0).
Chair Lee called for public comment. No public comment was received.
Motion 230414-06 (Finlev/ Lee): Moved, seconded, and approved unanimously (3-0) to accept the penalty.
Item 13. Discussion of Enforcement Hearing Guidebook Draft.
Pat Ford explained the creation of the draft Enforcement Hearing Guidebook. Zack D’Amico and Bisi Matthews provided an overview of the document.
Chair Lee asked if Commission staff had consulted with other departments who also conduct hearings. D’Amico confirmed that they have not done so to date but plan to consult with other departments as they continue to draft the document.
Chair Lee confirmed that the cost for outside hearing officers comes out of the Ethics Commission’s budget.
Public Comment:
Ellen Lee Zhou referenced Commissioner Romano’s comments regarding public comment. She mentioned death angels acting on those in government.
David Pilpel stated that he briefly reviewed the draft Enforcement Hearing Guidebook and would take a closer look at the document. He also agreed that other Commissions should be consulted regarding their hearing protocol.
Chair Lee consulted Deputy City Attorney, Brad Russi, about public comment rules and asked that these ruled be read aloud for the record.
Acting Deputy Director, Steven Massey, read the rules regarding public comment aloud for the record.
No further public comment was received and public comment on the item was closed.
Chair Lee requested a five-minute break.
Item 14. POTENTIAL CLOSED SESSION ITEMS – Labor Negotiations Update and Public Employee Appointment
Chair Lee declared that Item 14(d) regarding the update on labor negotiations was being continued to the call of the Chair, making Item 14(a) no longer relevant.
Chair Lee introduced the item and explained the basis for the closed session discussion was to discuss the public employee appointment of the Executive Director.
Public Comment:
Ellen Lee Zhou stated that she was terminated for refusing to receive the COVID 19 vaccine. She also stated that a number of City employees were terminated for the same reason, and that she did not agree with the policy requiring City employees to be vaccinated.
Commissioner Finlev moved to meet in closed session under California Government Code Section 54957.6 and Sunshine Ordinance Section 67.10(e) to discuss the public employee appointment. The motion was seconded by Commissioner Romano and approved unanimously (3-0).
No further public comment was received and public comment on the item was closed.
Motion 230414-07 (Finlev / Romano): 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 11:35 a.m. After reconvening in open session at 1:00 p.m., Commissioner Finlev 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 and not disclose matters discussed in closed session, which was seconded by Commissioner Romano and approved unanimously by a vote of 3-0.
Motion 230414-08 (Finlev / Romano): Moved, seconded, and approved unanimously (3-0) to not disclose matters discussed in closed session.
Item 15. Discussion and possible action on items for future meetings.
Commissioner Romano stated his desire for an effort to streamline Commission meetings. Chair Lee stated that she thought this would be a more appropriate agenda item once there was an Executive Director in place. Chair Lee, Commissioner Finlev, Commissioner Romano, and Acting Deputy Director, Steven Massey, discussed possible alternative meeting times and days for the Commission.
Deputy City Attorney, Brad Russi, confirmed that two general public comment items were required per meeting. He also mentioned that those who call in for public comment should be allowed to finish their comments.
Commissioner Romano expressed that he did not believe public comment should be permitted when said comment included death threats.
Public Comment:
Ellen Lee Zhou stated that she lived in San Francisco for 37 years and that the Brown Act and Sunshine Ordinance, and the U.S. constitution allow for public comment. She also mentioned that if Commissioners did not have the time to hear public comment, that they should not serve.
Commissioner Finlev asked Zhou to address a specific agenda item during her public comment.
No further public comment was received and public comment on the item was closed.
Item 16. Additional opportunity for public comment on matters not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.
This item was not called by the Commission.
Item 17. Adjournment.
The Commission adjourned at 1:15 p.m.