Minutes of the Regular Meeting of
The San Francisco Ethics Commission
Friday, February 9, 2024
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 March 22, 2024)
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: Vice Chair Theis Finlev, Commissioner Yaman Salahi, Commissioner Argemira Flórez Feng, Commissioner Karen Bell Francoise, and Commissioner David Tsai participating, a quorum was present.
STAFF PRESENTING: Kevin Kincaid, Online Meeting Moderator; Patrick Ford, Executive Director; Zachary D’Amico, Senior Investigative Analyst
REPRESENTATIVES OF THE OFFICE OF THE CITY ATTORNEY PRESENT: Ana Flores, Deputy City Attorney; Jana Clark, Deputy City Attorney
MATERIALS DISTRIBUTED:
- Draft Minutes for January 24, 2024, Regular Meeting
- Executive Director’s Report dated February 5, 2024
- Cover memo and Proposed Stipulation, Decision and Order in the Matter of Walk San Francisco Foundation (SFEC Case No. 2223-504)
- Election of Commission Officers Staff Memo dated February 5, 2024
- Staff memo regarding the Hearing on the Merits in the Matter of Paul Allen Taylor, Case No. 20-243 (1920-31) dated February 2, 2024
- Budget Proposal Staff memo and presentation date February 5, 2024
Item 1. Call to order and roll call.
Vice Chair Finlev convened the meeting at 10:04am and stated that members of the public may participate in-person or remotely.
Meeting Moderator Kevin Kincaid 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 recited the pledge of allegiance. She worked for DPH for many years and then was nominated to run for mayor. She is not afraid of any of the Commissioners or Satan, and she is running for mayor in 2024. She spoke out against the Ethics Commission in 2023, last time she attended a Commission meeting. She asks that the Commission ends its investigations into conservatives.
No further public comment was received and public comment on the item was closed.
CONSENT CALENDAR – Item 3
The Commission took up its Consent Calendar, provided the opportunity for public comment on all Consent Calendar items, and voted 5-0 to adopt a motion by Vice Chair Finlev and seconded by Commissioner Flórez Feng to approve the following Consent Calendar item that required by the Commission:
- Item 3. Draft Minutes of the Ethics Commission January 24, 2024, Regular Meeting
Commissioner Salahi asked to move Item 4 to the regular calendar.
Vice Chair Finlev asked to move Item 5 to the regular calendar.
Public Comment:
No public comment was received and public comment on the item was closed.
Motion 240209-01 (Finlev / Flórez Feng): Moved, seconded, and approved unanimously (5-0) to approve consent calendar item requiring action by the Commission.
REGULAR CALENDAR
Item 4. Executive Director’s Report
Commissioner Salahi asked for an audit division update.
Executive Director Patrick Ford provided an update on the 2022 and 2023 audits. Item 4 was informational and required no action by the Commission.
Public Comment:
Ellen Lee Zhou stated that if you receive a paycheck or stipend then you should be ready for your work. She stated that the Brown Act and Sunshine Ordinance apply to paid and appointed city officials.
No further public comment was received and public comment on the item was closed.
Item 5. Proposed Stipulation, Decision and Order In the Matter of Walk San Francisco Foundation
Vice Chair Finlev asked for clarity on contributions collected and registering as a committee in the matter. Zachary D’Amico confirmed that Vice Chair Finlev was correct.
The Commission voted 5-0 to adopt a motion by Vice Chair Finlev and seconded by Commissioner Salahi to approve the proposed stipulation.
Motion 240209-02 (Finlev / Salahi): Moved, seconded, and approved unanimously (5-0) to approve the proposed stipulation.
Public Comment:
No public comment was received and public comment on the item was closed.
Item 6. Election of Commission Officers for 2024 per Ethics Commission Bylaws, Article IV, Section 1.
Ford outlined the nominating process.
Vice Chair Finlev confirmed when the Commission could take public comment with Deputy City Attorney Ana Flores.
Commissioner Salahi nominated Vice Chair Finlev for Chair.
Vice Chair Finlev accepted the nomination for Chair.
No other nominations were made.
Vice Chair Finlev asked if the Commission should vote now, Ford confirmed yes.
Motion 240209-03 (Salahi): The Commission voted unanimously (5-0) to elect Theis Finlev Chair of the Commission.
Chair Finlev nominated Commissioner Flórez Feng for Vice Chair.
Commissioner Flórez Feng accepted the nomination for Vice Chair.
No other nominations were made.
Motion 240209-04: The Commission voted unanimously (5-0) to elect Argemira Flórez Feng Vice Chair of the Commission.
Chair Finlev stated that one of his priorities would be to run efficient meetings.
Public Comment:
Ellen Lee Zhou stated that she will file a lawsuit to sue the Ethics Commission. Over 1,000 City employees were unlawfully terminated for failure to be vaccinated.
No further public comment was received and public comment on the item was closed.
Item 7. Discussion and Possible Action regarding Hearing on the Merits In the Matter of Paul Allen Taylor, Case No. 20-243 (1920-031)
The Commission took a 5-minute break.
D’Amico introduced himself.
Mr. Taylor introduced himself.
Chair Finlev outlined the hearing process and asked for feedback.
Commissioner Salahi asked when the Commission would vote. Chair Finlev confirmed that the vote would happen later in the meeting.
Ford confirmed his agreement with the hearing process.
Commissioner Salahi asked if the Commission could ask questions, Chair Finlev confirmed they could.
D’Amico stated the Enforcement Division’s Case.
Taylor stated his case.
Taylor provided documents to the Clerk and left the meeting.
Commissioner Salahi asked about Taylor’s comments on insufficient instances of service. D’Amico stated that witnesses would speak about this issue.
D’Amico requested a default since Taylor appeared and then left the meeting. Chair Finlev asked D’Amico to proceed as planned.
D’Amico admitted 10 exhibits.
D’Amico called former president of the Asian American Freedom Pac as a witness. The witness testified and several exhibits were admitted.
D’Amico called Acting Enforcement Director, Jeffery Zumwalt, as a witness. The witness testified and several exhibits were admitted.
D’Amico provided closing statements.
The Commission took a 15-minute break.
Chair Finlev stated that he would like additional briefing on some issues before moving forward.
Flórez Feng mentioned that Taylor was still in the building and perhaps could re-engage with the process.
Chair Finlev proposed the Commission designate a Commissioner to draft proposed findings to be discussed at a later meeting.
Deputy City Attorney Jana Clark confirmed details of the process.
Chair Finlev and Commissioner Salahi discussed not finding Taylor responsible for Count 8.
The Commission discussed whether Taylor is responsible for coordination in this case.
The Commission continued to discuss the details of the case.
Chair Finlev stated that he was comfortable with Counts 1 and 2, still working through the legal issues of Counts 3-6, and not comfortable with Count 8.
The Commission took a 5-minute break.
Commissioner Flórez Feng stepped out and returned momentarily.
The Commission voted 5-0 to adopt a motion by Chair Finlev, seconded by Commissioner Tsai that Commissioner Flórez Feng would draft proposed findings and conclusions for the next meeting.
240209-05 (Finlev / Tsai): Moved, seconded, and approved unanimously (5-0) to have Commissioner Flórez Feng draft proposed findings and conclusions for the next meeting.
Public Comment:
Ellen Lee Zhou stated that the Ethics Commission continues to go after conservatives who love god. She asked the Commission to stop its tyranny against her.
No further public comment was received and public comment on the item was closed.
Item 8. Presentation, public hearing, and possible action on Ethics Commission budget proposal for the Fiscal Year 2024-2025 and Fiscal Year 2025-2026
Ford gave the prepared presentation.
Commissioner Salahi asked about the 0% budget cut proposed.
Commissioner Flórez Feng asked about the vacancy in the Engagement and Compliance Division.
The Commission voted 5-0 to adopt a motion by Chair Finlev, seconded by Commissioner Tsai to support the budget proposal.
240209-06 (Finlev / Tsai): Moved, seconded, and approved unanimously (5-0) to support the budget proposal.
Public Comment:
Ellen Lee Zhou stated that the Ethics Commission was established because of the corruption in the City, but the Ethics Commission has not done a thing to stop corruption.
No further public comment was received and public comment on the item was closed.
Item 9. Items for Future Meetings (Discussion and Possible Action)
Public Comment:
Ellen Lee Zhou stated that she paid for her posters and billboards on her own. She supports President Trump, and she is not homophobic. She hopes Commissioners wake up for the next meeting.
No further public comment was received and public comment on the item was closed.
Item 10. Additional opportunity for public comment on matters not appearing on the agenda pursuant to Ethics Commission Bylaws Article VII Section 2.
Public Comment:
Ellen Lee Zhou stated she is grateful for all commissioners. COVID 19 was a hoax, nobody got COVID. A bioweapon caused people to get sick.
No further public comment was received and public comment on the item was closed.
Item 11. Adjournment.
The Commission adjourned at 2:43pm.