SAN FRANCISCO ETHICS COMMISSION
NOTICE OF RESCHEDULED REGULAR MEETING
FRIDAY, AUGUST 18, 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
The meeting will be live cablecast on SFGovTV and streamed live online at sfgovtv.org/ethicsLIVE
Video Conferencing Access
To access this meeting using the WebEx application, use the WebEx Meeting link:
https://sfpublic.webex.com/sfpublic/j.php?MTID=mc6e241a7afcc91bbb3d726f80c2f9870
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 client 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:2662 072 4697 followed by “#”, and then press “#” again to join as an attendee.
- You will hear a beep when you are connected to the meeting. You will be automatically muted and in listening mode only.
See the instructions at the end of the agenda for how to provide public comment.
AGENDA
1. Call to Order and Roll Call
2. General Public Comment
CONSENT CALENDAR
This portion of the agenda lists routine matters that will not be discussed unless a request is made by a Commission member or a member of the public in attendance. Then, the item shall be removed from the Consent Calendar and considered as a separate item with its own discussion and public comment.
3. Draft Minutes of the Ethics Commission July 14, 2023, Regular Meeting
Attachment: Draft Minutes for July 14, 2023, Regular Meeting
4. Acting Executive Director’s Report
This report provides various updates regarding departmental programs and operations.
Attachment: Acting Executive Director’s report dated August 14, 2023
5. Proposed Stipulation, Decision and Order In the Matter of Frank Fung
Attachment: Cover Memo and Proposed Stipulation in SFEC Case No. 2223-506 (Count 1: Contracting with the City by a City Commissioner: $20,000; Count 2: Form 700 Disclosures: $4,200; Total Proposed Penalties: $24,200).
6. Proposed Stipulation, Decision and Order In the Matter of San Francisco Bicycle Coalition, San Francisco Bicycle Coalition Education Fund, Brian Wiedenmeier, and Janice Li
Attachment: Cover Memo and Proposed Stipulation in SFEC Case No. 1920‐075 (Counts 1-12: Failures to register and file required lobbyist reports: $10,325; Count 13: Failure to timely register and report as a political committee: $1,000; Total Proposed Penalties: $11,325).
Public comments received after meeting.
REGULAR CALENDAR
7. Election of Commission Vice-Chair per Ethics Commission Bylaws, Article IV, Section 1
Attachment: Staff memo dated August 14, 2023
8. Discussion and possible action on Executive Director recruitment process, which may include consideration and action to ratify selection of executive search firm to assist Ethics Commission in recruiting and screening candidates.
Attachment(s): Berkeley Search Consultants – Proposal for Executive Retained Search Services for the Executive Director of the Ethics Commission Position for the City & County of San Francisco dated August 11, 2023
9. Discussion and possible action on a motion ordering submitted to the voters, at an election to be held on March 5, 2024, an ordinance amending the Campaign and Governmental Conduct Code to 1) expand gift prohibitions for City officers and employees; 2) expand rules prohibiting bribery; 3) require ethics training for Form 700 filers; 4) prohibit members of the public from acting as intermediaries for City officers and employees with respect to certain prohibited gifts; 5) impose personal liability on City officials for failure to disclose certain relationships; 6) create generally applicable incompatible activity rules; and 7) require Ethics Commission and Board of Supervisors super-majority approval for amendments to certain ethics-related ordinances; and appropriating $43,000 from the General Reserve in Fiscal Year 2023-24 to fund administrative costs required to implement the ordinance and amended Ethics Commission regulations to strengthen gift, training, and other City ethics laws.
Attachment: Staff memo dated August 14, 2023 and attachments
10. Request for waiver of post-employment restrictions for Tracey Packer (Continued Discussion and Possible Action)
Attachment: Staff memo dated August 14, 2023 and attachments
11. Audit Division Update Highlighting Division Operations
Attachment: Staff memo dated August 14, 2023
12. Items for Future Meetings (Discussion and Possible Action)
13. Additional Opportunity for General Public Comment
14. Adjournment
Public Comment
There will be an opportunity for public comment on each agenda item. For those attending in person, opportunities to speak during the public comment period will be made available in the meeting room. 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.
Written Public Comment
Public comments may be submitted in writing and will be shared with the Commission and included as part of the official meeting file. Written comments should be sent to ethics.commission@sfgov.org.
Remote Public Comment
Use the instructions at the top of the agenda to connect to the meeting remotely via the Webex client application or by telephone.
Ensure you are in a quiet location. Before you speak, mute the sound of any equipment around you, including television, radio, or computer. It is especially important that you reduce the volume of your computer speaker if you are watching via the web link, to prevent feedback and echo when you speak.
Webex Client Application
If you connect to the meeting via the Webex client application, use the raise hand button to indicate that you want to speak on an item and to be added to the public comment queue.
It is your turn to speak when the Webex client application displays, “The host has unmuted you.”
When you hear the Clerk say, “Welcome Caller,” you are encouraged to state your name clearly. As soon as you begin speaking you will have three minutes to provide your public comment (six minutes if you are on the line with an interpreter). You will hear a bell go off when you have 30 seconds remaining.
Once your three minutes have expired, the Clerk will mute you. The WebEx client application will display, “You’re muted.”
Attendees who want to speak during other public comment periods may stay on the line and listen for the next public comment opportunity and should press the raise hand button to enter the public comment queue again.
Telephone Audio Conferencing
If you connect to the meeting via telephone, dial *3 to raise your hand to indicate that you want to speak on an item and to be added to the public comment queue. You will then hear, “You have raised your hand to ask a question, please wait to speak until the host calls on you.” The line will be silent as you wait your turn to speak.
When the system message says, “You’re unmuted,” this is your turn to speak.
When you hear the Clerk say, “Welcome Caller,” you are encouraged to state your name clearly. As soon as you begin speaking you will have three minutes to provide your public comment (six minutes if you are on the line with an interpreter). You will hear a bell go off when you have 30 seconds remaining.
Once your three minutes have expired, the Clerk will mute you. You will hear, “You’re muted.”
Attendees who want to speak during other public comment periods may stay on the line and listen for the next public comment opportunity and should dial *3 to raise their hands to enter the public comment queue again.
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: https://sfethics.org.
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.