Minutes – October 13, 2023 – San Francisco Ethics Commission

Minutes of the Regular Meeting of
The San Francisco Ethics Commission
Friday, October 13, 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 December 8, 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, Commissioner Argemira Flórez Feng, and Commissioner Yaman Salahi participating, a quorum was present.

STAFF PRESENTING: Ronald Contreraz, Online Meeting Moderator; Gayathri Thaikkendiyil, Acting Executive Director; Michael Canning, Acting Policy & Legislative Affairs Manager.

REPRESENTATIVES OF THE OFFICE OF THE CITY ATTORNEY PRESENT: Jamie Huling Delaye, Deputy City Attorney.

MATERIALS DISTRIBUTED:

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:

No public comment was received and public comment on the item was closed.

Consent Calendar Items 3 and 5

The Commission took up its consent calendar Item 3, Draft Minutes of the Ethics Commission September 8, 2023, Regular Meeting and Item 5, Director of Enforcement’s Report highlighting Enforcement Division Operations.

Public Comment:

No public comment was received and public comment on the item was closed.

Chair Lee moved Item 4 to the Regular Calendar.

Vice Chair Finlev motioned to adopt Item 3 as presented on the consent calendar, which was seconded by Commissioner Salahi and approved unanimously (4-0). Item 5 was informational and required no action by the Commission.

Motion 231013-01 (Finlev / Salahi): Moved, seconded, and approved unanimously (4-0) the adoption of Item 3 as presented on the consent calendar.

REGULAR CALENDAR

Item 4. Acting Executive Director’s Report highlighting various departmental programs and operations.

Chair Lee asked Acting Executive Director Gayathri Thaikkendiyil about the Mayor’s announcement of a mid-year budget cut.

Thaikkendiyil responded that the Commission will be using salary savings and vacancies to meet this request from the Mayor. This information will be added to the next meeting.

Chair Lee stated that there should be no staff reductions.

Thaikkendiyil confirmed that this was not the plan.

Item 4 was informational and required no action by the Commission.

Chair Lee moved Item 7 to after the Consent Calendar action.

Item 7. Discussion and possible action regarding request for a waiver of post-employment restrictions for Dan Bernal.

Chair Lee stated that she has known Bernal professionally for years. She confirmed with Deputy City Attorney Jaime Huling Delaye that she was able to continue and participate.

Michael Canning overviewed the matter as described in the staff memo.

Dan Bernal stated that they understand the ethics laws and was seeking a waiver due to the hardship they would experience personally, professionally, and financially. As a person living with HIV/AIDS, they are personally connected to the mission and work at UCSF. This position is unique as it does not require an advanced degree, which Bernal does not have. Bernal only participated in voice votes, not negotiations or development of RFPs related to UCSF contracts while serving the City.

Dr. Grant Colfax, Director of Health, stated that Bernal is a deeply dedicated public servant. Bernal is needed due to their deep community relationships and to sustain the relationship between UCSF and the Department of Public Health.

Commissioner Salahi asked if staff had any reason to doubt Bernal’s statement of financial burden. Canning stated that they take that statement as is. Commissioner Salahi asked if staff knew of comparable positions to the one that Bernal had been offered. Canning stated that was not something he had information on.

Chair Lee asked Dr. Colfax how the Health Commission approved certain contracts. Dr. Colfax stated that contracts are approved by the Commission via a unanimous voice vote, as a part of the consent calendar.

Chair Lee asked if Health Commissioners would be actively engaged in negotiations of contracts. Dr. Colfax stated no, they would bring any questions to staff.

Commissioner Salahi asked if failure to secure approval from the Health Commission keeps the contract from being approved down the line. Dr. Colfax stated no, they do not believe so, but have not seen this in their tenure.

Chair Lee stated that she was concerned about the UCSF contracts with the Health Commission. She was satisfied by the explanations she received today. Chair Lee also spoke to focusing on the facts and not just the number of people who showed up in support.

Chair Lee stated she would grant the waiver to Bernal as long as they resign from the Health Commission, and they avoid any contact with any members of the Department of Public Health and the Health Commission for 12 months.

Commissioner Salahi disclosed that he received a phone call in support of Bernal’s request from Board of Supervisors President Aaron Peskin earlier this week. Commissioner Salahi stated that denial of this waiver would put undue hardship on Bernal and that he supports the waiver.

Vice Chair Finlev stated that he also supports the waiver. He stated that Bernal’s votes on UCSF contracts were not significant. There would also be undue hardship on Bernal without granting the waiver.

Commissioner Flórez Feng echoed her support of the waiver and what other Commissioners stated about Bernal’s role in the UCSF contracts with the Health Commission.

Public Comment:

A speaker stated they support the waiver for Bernal. UCSF conducted a rigorous search to fill this position. UCSF partners with the City during major health-related events, including COVID 19. Bernal is uniquely suited for this position.

Board of Supervisors President Aaron Peskin stated his support of the waiver request. Peskin stated that this issue is different from the issues that the code is written to address.

A speaker stated that they are thankful for Dan the Man for their support of Chinatown. They are appealing for the heart of San Francisco in their support of this waiver request.

A caller stated that they worked alongside the Department of Public Health and they have an understanding of how contracts moved and were approved. Bernal’s work allowed funding to be provided to nonprofits during the pandemic.

A caller stated they are a retired SF Fire Department employee. They have worked with Bernal for the past 20 years. Granting this waiver would be a win for all stakeholders.

A speaker stated that Bernal has a deep relationship with the Chinatown community. It is critical that this waiver is approved.

A speaker stated that they’ve known Bernal for 27 years. Bernal has done and wants to continue to do public good. San Francisco would be at a hardship without Bernal.

A speaker stated that they’ve worked with Chair Lee for many years. Only members of the finance and planning committee ask questions about and negotiate contracts at the Health Commission. Bernal has never been a member of the finance and planning committee.

Laurie Green stated denial of this waiver would have profound professional hardship for Bernal. This is a once in a lifetime opportunity for Bernal to use their combined skills and experiences.

A caller stated that the AIDS memorial quilt was brought back to San Francisco in part due to Bernal and their work. The caller spoke to Bernal’s integrity and goodness.

A speaker stated they have known Bernal for over 20 years. Bernal will not always tell you what you want to hear, which is a good thing.

A speaker stated Bernal will keep the City and UCSF moving toward their goals. Bernal placed the needs of the community at the forefront of their work.

Supervisor Dorsey stated that Bernal’s ability to accept this position would bolster the relationship between the City and UCSF.

A speaker stated that they represent people who do not have advanced degrees. Bernal will face undue financial hardship without this position because they don’t have an advanced degree.

A speaker stated that they took the day off to come and speak in support of Bernal. Bernal is highly ethical.

A speaker stated that it would be unfortunate to keep a public servant like Bernal from this position.

A speaker stated that the culmination of community that came together for Bernal today shows how ingrained they are in the community.

A speaker stated they are from the Chamber of Commerce. Bernal’s experience and ethical behavior make them well-suited for this position.

A speaker stated Bernal has shown understanding of AAPI issues and support of the community. Bernal is the ideal fit for this position.

A speaker stated that they are from Supervisor Melgar’s office. Bernal is a public servant that they’ve known for 6 years.

A speaker stated they are from the SF AIDS Foundation and stated that Bernal would be representing senior leaders living with HIV/AIDS.

A speaker stated that they’ve known Bernal for 15 years. Bernal is committed to public service and exhibits ethical behavior.

Two speakers provided a joint statement. Bernal helped them get their child home from India. Bernal should not be barred from accepting this position.

A speaker stated that they have never seen such a turnout in support for someone’s waiver request.

A speaker stated that this room is full of love for Bernal. Bernal is a son of San Francisco and truly understands the City.

A speaker stated that serving on the Health Commission was a community service-motivated move and supports the waiver request.

A speaker stated that Bernal is a problem-solver and requested that the waiver is granted.

A speaker stated that there would be extreme loss to the City if the waiver request is denied.

No further public comment was received and public comment on the item was closed.

Chair Lee motioned to grant the post-employment restrictions waiver to Dan Bernal so that they can accept this position with UCSF, as long as they resign from the Health Commission, and they avoid any contact with any members of the Department of Public Health and the Health Commission for 12 months. This motion was seconded by Commissioner Salahi and approved unanimously (4-0).

Motion 231013-02 (Lee / Salahi): Moved, seconded, and approved unanimously (4-0) to grant a limited post-employment waiver to Dan Bernal.

Item 6. Update, discussion, and possible action regarding the March 2024 Ethics Commission Ballot Measure focused on gifts, training, and other City ethics laws.

Michael Canning overviewed the item as presenting in the staff memo.

Chair Lee asked for an overview of the timeline again.

Canning stated that the Department of Elections will issue the ballot on December 11. The ballot measure argument is due on December 14. Rebuttals are due on December 18. The City Attorney’s Legislative Digest is already out.

Deputy City Attorney Jamie Huling Delaye stated that the summary on the ballot pamphlet comes out in early December.

Canning stated that the Commission should vote to grant the Chair authority to submit the ballot argument.

Vice Chair Finlev stated that if the Commission has two more months before they have to submit anything to the Department of Elections, he would like more time to review the argument and does not want to move forward today. Vice Chair Finlev does not want to sign onto something that he has not reviewed.

Canning stated that if there are not enough Commissioners present at future meetings, that could cause issue.

Canning stated that a draft was included in today’s meeting packet.

Vice Chair Finlev stated that there are other aspects that he has not seen beyond what was included in the packet. He does not understand the rush to move forward today and wants to review the argument more in depth.

Chair Lee stated that come January, there may only be three Commissioners on the Commission. She believes that this vote is procedural in nature to cover all bases. The City Attorney has suggested that they take this vote.

Huling Delaye stated that it is safest to vote within the next two months so there is no question of the authority of the Chair to act on behalf of the Commission.

Commissioner Salahi asked if there’s a way for other commissioners to contribute without impacting the authority of the Chair.

Huling Delaye stated that it would need to be included on the agenda of a future meeting and be discussed in the meeting. Canning confirmed changes could be suggested through staff.

Chair Lee stated that she does not see any possible changes made to the language.

Commissioner Salahi stated that he agreed with Vice Chair Finlev on there being no need to vote today given there have only been a few days to review the argument.

Chair Lee stated that any commissioners who have any comments should submit them to staff before the November meeting agenda is posted.

Public Comment:

No public comment was received and public comment on the item was closed.

No action was taken by the Commission on Item 6.

Item 8. Discussion and possible action on items for future meetings.

Chair Lee stated that she wanted a staff presentation on current waiver language and suggestions at a future meeting.

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 12:37pm.