Minutes of the Regular Meeting of
The San Francisco Ethics Commission
Friday, September 8, 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 October 13, 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, Vice Chair Theis Finlev, and Commissioner Yaman Salahi participating, a quorum was present. Commissioner Argemira Flórez Feng had an excused absence.
STAFF PRESENTING: Ronald Contreraz, Online Meeting Moderator; Gayathri Thaikkendiyil, Acting Executive Director; Michael Canning, Acting Policy & Legislative Affairs Manager; Zachary D’Amico, Senior Investigative Analyst.
REPRESENTATIVES OF THE OFFICE OF THE CITY ATTORNEY PRESENT: Brad Russi, Deputy City Attorney.
REPRESENTATIVES OF SUPERVISOR SAFAI’S OFFICE PRESENT: Bill Barnes, Chief of Staff.
MATERIALS DISTRIBUTED:
- Draft Minutes for August 18, 2023, Regular Meeting.
- Acting Executive Director’s report dated September 1, 2023.
- Staff memo dated September 1, 2023, and attachments regarding 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 and related regulation amendments.
- Staff memo dated September 1, 2023, and attachments regarding the legislative proposal from the Board of Supervisors prohibiting City officials from receiving compensation from departmental contractors.
- Staff memo dated September 1, 2023 regarding Information Session on Campaign Finance Laws.
- Staff Presentation on Campaign Finance Laws
Item 1. Call to order and roll call.
Chair Lee convened the meeting at 10:04am 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:
A speaker stated that we must pay attention and that the clock was late. The reason for being is happiness and we can’t achieve that happiness without internal aspirations towards beauty. If we don’t do that, we can’t be happy. Ethics must rely on this understanding, otherwise they have no business. The speaker works for everybody’s happiness.
A caller, Francisco DeCosta, stated they were at the last meeting in person. The role of the Ethics Commission is important to the citizens of San Francisco. Recently an individual was hoodwinking the public for 15 years. The Ethics Commission has failed us because they were aware of another person who worked with them. The caller provided empirical data to the Controller, and they allowed this person to become the General Manager of the Public Utilities Commission. The Ethics Commission needs to adjudicate this case as they failed to do justice.
A caller, David Pilpel, stated that his interactions with staff have been professional and they’ve been very helpful.
No further public comment was received and public comment on the item was closed.
Consent Calendar Items 3 and 4
The Commission took up its consent calendar on Item 3, Draft Minutes of the Ethics Commission August 18, 2023, Regular Meeting and Item 4, Acting Director’s Report.
Public Comment:
No public comment was received and public comment on the item was closed.
Vice Chair Finlev motioned to adopt Item 3 as presented on the consent calendar, which was seconded by Commissioner Salahi and approved unanimously (3-0). Item 4 was informational and required no action by the Commission.
Motion 230908-01 (Finlev / Salahi): Moved, seconded, and approved unanimously (3-0) the adoption Item 3 as presented on the consent calendar.
REGULAR CALENDAR
Item 5. Update on the discussion regarding the March 2024 Ethics Commission Ballot Measure focused on gifts, training, and other City ethics laws.
Michael Canning recapped information from the staff memo. The Department of Public Health and the Mayor’s Office have been notified of the amendments from last meeting.
Vice Chair Finlev said the packet was very helpful. He asked if anyone reached out from the Mayor’s office about ballot measure language. Canning said no, nothing specific.
Chair Lee asked Deputy City Attorney, Brad Russi, what happens if we are asked as individuals who serve on this commission to do get out the vote activities in general. Russi said he thinks that’s allowed as long as it’s separate from this ballot measure.
Public Comment:
A caller stated that the public doesn’t have the latest amendments that have been made. When it comes to training and City ethics laws, we do not have standards. We need language on how departments get their orientation and focus on standards. The language is very general.
No further public comment was received and public comment on the item was closed.
Item 5 was for discussion purposes and required no action by the Commission.
Item 6. Discussion of legislative proposal from the Board of Supervisors prohibiting City officials from receiving compensation from departmental contractors.
Michael Canning overviewed the legislation presented by Supervisor Safai.
Bill Barnes from Safai’s office stated that secondary employment is fine and should be allowed, but those making decisions should not be compensated by contractors in addition to their City salary. There are some exemptions like spouses’ and registered domestic partners’ income.
Barnes gave the example of Department of Public Health employees who had secondary employment that was not approved by the City.
Commissioner Salahi asked if this legislation applies to employees specifically with decision making power. Barnes stated that that language is not included currently but will be brought up in meet and confer.
Commissioner Salahi asked what kinds of employees will be affected by this. Barnes replied that the Department of Human Resources is pulling together that list before moving forward.
Vice Chair Finlev stated that some City employees will have outside employment with a private employer, not another City employer.
Vice Chair Finlev confirmed the exemption of spouses’ and registered domestic partners’ income. Barnes confirmed yes. The details of this will be investigated further in meet and confer.
Vice Chair Finlev asked about the process for moving the legislation forward.
The legislation is proposed, voted on by Ethics Commission, and then goes to the Board of Supervisors.
Vice Chair Finlev asked if that the work will be shared with staff in each step of process. Canning stated that yes, staff will be involved in that process.
Public Comment:
David Pilpel called to say that the phone line had gone dead and he’s had to call back in for public comment.
A caller stated that a needs assessment is needed. The Commission must look into the Public Utilities Commission and the City Administrator. There’s money set aside linked to the contractor to do outreach, if the contractor doesn’t do the outreach, someone else can.
No further public comment was received and public comment on the item was closed.
Item 6 was for discussion purposes and required no action by the Commission.
Item 7. Information Session on Campaign Finance Laws.
Zachary D’Amico presented on campaign finance law and relevant updates.
Vice Chair Finlev asked about federal candidates. D’Amico confirmed that federal candidates wouldn’t be flagged.
Vice Chair Finlev asked if something similar could be presented on lobbying in the future.
D’Amico stated that staff is open to a similar presentation on lobbying.
Chair Lee asked how the loophole is closed on campaign laundering with contractors.
DiAmico stated that there is no automated system set up to trigger that, but investigators review campaign filings and conduct manual research.
Chair Lee asked is there a list of contractors somewhere.
Gayathri Thaikkendiyil stated that there’s information on permit consultants on the Ethics website and information on contractors should be on the Controller’s website.
Chair Lee asked if info sessions could be held for the nonprofit community.
Chair Lee stated that a presentation on slate mail and social media would be helpful for a future meeting.
Public Comment:
David Pilpel stated that the presentation wasn’t on the website for him to view. He also stated that there should be a pause when calling for public comment as it takes a moment to raise your hand. Pilpel believes that all campaign finance should be filed with the Ethics Commission and not with the Department of Elections.
No further public comment was received and public comment on the item was closed.
Item 7 was informational and required no action by the Commission.
Item 8. Discussion and possible action on items for future meetings.
Chair Lee stated that a presentation on the difference between lobbying and advocacy would be helpful.
Public Comment:
No public comment was received and public comment on the item was closed.
Item 9. Additional opportunity for public comment on matters not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.
Public Comment:
No public comment was received and public comment on the item was closed.
Item 10. Adjournment.
The Commission adjourned at 11:11am.