Draft Minutes of the Regular Meeting of
The San Francisco Ethics Commission
Friday, May 5, 2023
Hybrid meeting conducted in-person in City Hall Room 416, 1 Dr. Carlton B.Goodlett Place, San Francisco, and also held online as a Remote Meeting via WebEx and aired live on SFGovTV
(Approved June 9, 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 recording of this meeting can be found on SFGovTv.)
COMMISSION MEMBERS PRESENT: With Chair Yvonne Lee, Commissioner Theis Finlev, Commissioner Michael Romano, and Commissioner Argemira Flórez Feng participating, a quorum was present.
STAFF PRESENTING: Steven Massey, Acting Deputy Director; Ronald Contreraz, Online Meeting Moderator; Pat Ford, Director of Enforcement; Zach D’Amico, Senior Investigative Analyst.
REPRESENTATIVES OF THE OFFICE OF THE CITY ATTORNEY PRESENT: Brad Russi, Deputy City Attorney.
MATERIALS DISTRIBUTED:
- Draft Minutes for April 14, 2023, Regular Meeting.
- Acting Executive Director’s report dated May 1, 2023.
- Cover memo and draft SIA dated May 1, 2023 for the Sheriff’s Department Oversight Board (SDOB) and Office of the Inspector General (OIG).
- Cover memo and draft report on San Francisco’s Public Campaign Financing Program: November 8, 2022 Election.
- 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. 21-292 In the Matter of Victor Makras.
- Cover memo and Proposed Stipulation in SFEC Case No. 22-470 In the Matter of Celine Kennelly.
- Staff Memorandum Dated April 28, 2023 In the Matter of Paul Allen Taylor, Case No. 20-243 (1920-031).
- Cover memo and Proposed Stipulation in SFEC Case No. 20-217 In the Matter of Michael Colbruno.
- Cover memo and Proposed Stipulation in SFEC Case No. 23-486 In the Matter of Bearstar Strategies.
Item 1. Call to order and roll call.
Chair Lee convened the meeting at 10:10am 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 stated that she represents the employees of San Francisco and has lived in the city for decades. They stated that the Ethics Commission is unethical and unvaccinated employees have been fired.
A caller requested that the Ethics Commission focus on quality-of-life issues in the City. They stated that there is a lot of corruption and that the Ethics Commission is filthy. They stated that the people of San Francisco do not know what’s happened with the Executive Director search since LeeAnn left.
A speaker stated that we are playing with fire when it comes to humanity. They stated that emotional energy should be used to move towards happiness.
No further public comment was received and public comment on the item was closed.
Consent Calendar, Items 3, 4, 5, 6, 7, 8, and 9.
The Commission took up its consent calendar on Item 3, Draft Minutes of the Ethics Commission April 14, 2023, Item 4, Acting Executive Director’s Report highlighting various departmental programs, operations, and staff news, Item 5, Draft Statement of Incompatible Activities (SIA) for the Sheriff’s Department Oversight Board (SDOB) and Office of the Inspector General (OIG), Item 6, Draft report on San Francisco’s Public Campaign Financing Program: November 8, 2022 Election, Item 7, Proposed Stipulation, Decision and Order In the Matter of Yakuh Askew, Item 8, Proposed Stipulation, Decision and Order In the Matter of Victor Makras, and Item 9, Proposed Stipulation, Decision and Order In the Matter of Celine Kennelly.
Public Comment:
Ellen Lee Zhou started to speak, and Chair Lee interrupted them and stated that this public comment was specifically for the consent calendar.
Deputy City Attorney, Brad Russi, stated that callers should address the consent calendar items in their comments.
Zhou started to speak again. Chair Lee stated that if public comment does not address the agenda items that the caller would be cut off. Zhou was cut off.
No further public comment was received and public comment on the item was closed.
Chair Lee asked Russi if she could ask for unanimous consent instead of doing a roll call vote. Russi confirmed that she could. Chair Lee asked if there was unanimous consent and Commissioner Romano stated no.
Commissioner Finlev moved to adopt Items 3, 5, 7, 8, and 9 as presented on the consent calendar, the motion was seconded by Commissioner Flórez Feng and approved (3-1), with Commissioner Romano in the dissent.
Motion 230505-01 (Finlev / Flórez Feng): Moved, seconded, and approved (3-1) with Commissioner Romano in dissent to adopt items 3, 5, 7, 8, and 9 as presented on the consent calendar.
Items 4 and 6 were informational and required no action by the Commission.
Item 10. POTENTIAL CLOSED SESSION ITEM- Public Employee Appointment, Executive Director.
Chair Lee asked Deputy City Attorney Brad Russi if he had anything to add before closed session. Russi stated that the Commission could proceed.
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.
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 (4-0).
Public Comment:
A caller expressed the need for a really good Executive Director, and sufficient staff with the latest technology in order to serve the City & County of San Francisco.
Ellen Lee Zhou started to speak. Chair Lee asked them if they were commenting on the current agenda item. Zhou stated that they pay public taxes and would provide a public comment and that they did not want to be cut off. They stated that illegal business would be conducted during closed session since the public could not participate.
No further public comment was received and public comment on the item was closed.
Motion 230505-02 (Finlev / Romano): Moved, seconded, and approved unanimously (4-0) to move to closed session.
Chair Lee stated that closed session would continue until 1:45pm or 2:00pm.
The Commission went into closed session at 10:35am.
After reconvening in open session at 1:34pm, 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 4-0.
Motion 230505-03 (Finlev / Romano): Moved, seconded, and approved unanimously (4-0) to not disclose matters discussed in closed session.
Item 11. Discussion and Possible Action Regarding Preliminary Matters In the Matter of Paul Allen Taylor, Case No. 20-243 (1920-031).
Zach D’Amico introduced the case. Commissioner Romano asked if a stipulation could not be agreed upon because of the amount of the stipulation. D’Amico confirmed that it was a lack of response from the respondent, Paul Taylor.
D’Amico explained that there were four separate decisions that needed to be made by the Commission: who will be presiding over the preliminary matter, setting a deadline for motions and subpoenas to be filed, determining a process for submitting those motions and subpoenas, and the Commission’s right to review should they appoint someone to make determinations.
Commissioner Finlev asked D’Amico if Taylor would appear at a hearing if they had not been responsive to date. D’Amico confirmed that Taylor would participate today.
Taylor stated that they had no comment and just wanted to watch. Commissioner Romano requested that staff assist Taylor in removing the echo from their tech. Taylor stated that they did not hear the introduction from D’Amico and Chair Lee asked D’Amico to repeat his introduction of the case. D’Amico repeated a portion of his introduction.
Commissioner Romano asked Taylor if they would like to proceed with a hearing or settle. Taylor stated that they did not know what they were being charged with.
Commissioner Romano requested that Taylor meet with the enforcement division, Commissioner Finlev stated that the enforcement division had made numerous attempts to meet with Taylor already.
Chair Lee stated that she did not believe there was a benefit in prolonging the matter for Taylor to meet with the enforcement division given their lack of response to date.
Commissioner Romano asked if there was an estimated stipulation, D’Amico said no.
Taylor expressed that the accusations against them are not true and there is no need to discuss settlement.
Commissioner Finlev asked Taylor who they would like to be appointed to oversee preliminary hearing. Chair Lee stated that was the Commission’s decision. Commissioner Finlev stated that he was inviting Taylor to weigh in.
Taylor stated they did not trust the Commission, that they were accused of false allegations, and that they were threatened with police taking their computer if they did not provide specific information.
Commissioner Romano explained the pre-trial and trial procedures to Taylor. Taylor stated that they sent in many documents for review and that the enforcement division did not respond. Taylor also stated that the actual people who are guilty of a crime have not been pursued, yet they are being pursued.
Commissioner Finlev warned Taylor not to discuss the facts of the case.
Chair Lee stated for the record that the Commission would not threaten anyone’s person or property.
D’Amico stated that the enforcement division contacted Taylor in person, via email, phone, and voicemail. He also stated that the enforcement division did not follow up on a subpoena or make any threat of removing property.
Chair Lee asked if the Commission had to decide on appointing someone to manage preliminary matters today or if they could move it to another meeting. D’Amico stated that that was up to the Commission. Commissioner Finlev volunteered to manage the preliminary matters and asked about a turnaround timeline. D’Amico stated that that was up to whoever was appointed to deal with the preliminary matters.
Chair Lee asked if she could appoint Commissioner Finlev to preside over preliminary matters. D’Amico said it would have to be a vote.
Chair Lee stated that the deadline for preliminary matters would be June 5, 2023.
Commissioner Romano stated that the enforcement division should try to contact Taylor in person one more time. D’Amico agreed.
Commissioner Romano moved to appoint Commissioner Finlev to preside over preliminary matters and to adopt specific processes and deadlines concerning preliminary matters, Flórez Feng seconded the motion, and it was approved unanimously (4-0). Russi stated that public comment needed to occur before any action.
Public Comment:
No public comment was received and public comment on the item was closed.
Motion 230505-04 (Romano / Flórez Feng): Moved, seconded, and approved unanimously (4-0) to appoint Commissioner Finlev to preside over preliminary matters and to adopt specific processes and deadlines concerning preliminary matters.
Item 12. Discussion and Possible Action Regarding Proposed Stipulation, Decision and Order In the Matter of Michael Colbruno.
Pat Ford introduced the case. Commissioner Finlev stated that some contacts were reported and others were not, and asked if there was a pattern to which contacts were reported or not reported. Ford stated that there was no pattern in unreported contacts.
Commissioner Finlev moved to adopt the proposed stipulation, which was seconded by Commissioner Flórez Feng, and approved unanimously (4-0).
Public Comment:
Ellen Lee Zhou stated that they raised their hand to speak for Item 11 and that they were never called on. Zhou requested three minutes to comment on Item 11. Zhou stated that they were named in Item 11 and had the right to sue.
Russi confirmed that Zhou did not have their hand raised for Item 11. Now that they had given comment on Item 11, it was suggested that Zhou receive three minutes to comment on Item 12.
Zhou was no longer on the line.
No further public comment was received and public comment on the item was closed.
Motion 230505-05 (Finlev / Flórez Feng): Moved, seconded, and approved unanimously (4-0) to adopt the stipulation.
Item 13. Discussion and Possible Action Regarding Proposed Stipulation, Decision and Order In the Matter of Bearstar Strategies.
Pat Ford introduced the case.
Commissioner Romano recused himself from participation due to a family relationship. Russi stated that if there is no financial conflict, that the Commission would need to excuse Commissioner Romano.
Chair Lee moved to excuse Commissioner Romano from participation in the item, the motion was seconded by Commissioner Flórez Feng and approved unanimously (4-0).
Chair Lee moved to approve the proposed stipulation, the motion was seconded by Commissioner Flórez Feng and approved unanimously (3-0).
Public Comment:
Ellen Lee Zhou stated that they were shut off twice. They requested that the Commission move things forward, and they thanked the Commission.
Chair Lee stated for the record that every caller is entitled to three minutes of public comment, and that when the mic is turned off, it is because the three minutes are up.
No further public comment was received and public comment on the item was closed.
Motion 230505-06 (Lee / Flórez Feng): Moved, seconded, and approved unanimously (4-0) to excuse Commissioner Romano from participation.
Motion 230505-07 (Lee / Flórez Feng): Moved, seconded, and approved unanimously (3-0) to adopt the stipulation, with Commissioner Romano excused from the vote.
Item 14. Discussion and possible action on items for future meetings.
Public Comment:
Ellen Lee Zhou stated that for future meetings all public officials should repent. They also stated that meetings should be started with the pledge of allegiance to the American flag and that there is discrimination against conservatives, Trump supporters, non-democrats, and Christians and Catholics.
No further public comment was received and public comment on the item was closed.
Item 15. Additional opportunity for public comment on matters not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.
Chair Lee, Commissioner Finlev, and Commissioner Romano discussed not having this item on the agenda for the next meeting.
Russi stated that it is in the bylaws to allow for public comment here. Commissioner Romano asked if he could move to amend the bylaws, Russi stated no. Commissioner Romano stated he wanted to have an item on the agenda to amend the bylaws.
Public Comment:
Ellen Lee Zhou stated that they were fired along with thousands of others for not being vaccinated and that there is a lot of government corruption.
A caller stated that he would like to commend Romano for recusing himself. They stated that it is important for transparency to lead the Commission with the Commission being in closed session for hours today.
No further public comment was received and public comment on the item was closed.
Item 16. Adjournment.
The Commission adjourned at 2:25pm