Date: April 8, 2024
To: Members of the Ethics Commission
From: Patrick Ford, Executive Director
Subject: Agenda Item 4 – Executive Director’s Report
Summary and Action Requested
This report provides various programmatic and operational highlights since the last report.
No action is required by the Commission, as this item is for informational purposes only.
Proposition D Update
As discussed in last month’s report, on March 5th San Francisco voters overwhelmingly approved Proposition D, which was placed on the ballot by the Ethics Commission last year. The final election results were reported by the Department of Elections on March 22nd, and the measure passed with 89.2% approval.
Under a separate agenda item, Staff will provide an update about the process for implementing Prop D.
Form 700 Filing Update
April 2nd was the deadline for the annual Form 700 filing covering calendar year 2023. As of April 5th, 5,459 filers had submitted their Annual Form 700. This represents 91.9% of the overall number of 5,942 City officers and employees who are required to file the form. Of these filers, 5,014 of the 5,469 City employees designated by City departments as Form 700 filers (91.7%) have filed, and 445 of the 473 City officers (94%) have filed.
With the April 2nd filing deadline now passed, the process of engaging Form 700 non-filers has begun. This started last week with Engagement and Compliance staff contacting elected officials and members of boards and commissions that failed to file their 2024 annual Form 700 to inform them they are now disqualified from participating in and voting on matters listed on their boards’ and commission’s meeting agendas. Follow-up communications will also be distributed through the month of April to all identified SEI non-filers to remind them of their delinquent filing obligations which, if not timely responded to, will result in progressive Ethics Commission enforcement consequences.
Individuals who file their Form 700 during this time will be considered late filers. Late filers are liable for monetary penalties of $10 per day late, up to $100, for failure to file their Form 700 by the deadline of April 2nd. Late filing fees will be assessed by the Enforcement Division.
If non-filers do not submit their 2024 Form 700 within approximately a month’s time after the due date and in response to notifications from the Ethics Commission or their Filing Officer, these matters will be handled instead through the Commission’s Streamlined Administrative Resolution Process (SARP). Through this process, the non-filers face potential administrative penalties of varying amounts based on several factors such as the length of time that passes before the official files the delinquent Form 700, whether the filer made a governmental decision involving a prohibited financial interest during this time, and whether the filer acted on agendized materials while the Form 700 was outstanding. If a non-filer takes longer than 90 days to file the outstanding Form 700, they may become ineligible for SARP, in which case a higher penalty may apply.
Website Improvement Project
As part of the Commission’s larger efforts to engage more broadly with the public and stakeholders, improve access to important information, and increase compliance with the law, Staff are in the process of making improvements to the Commission’s website. Some of the primary objectives of this process are to: simplify the structure of the various sections and webpages so that the site is easier to navigate; rewrite many of the compliance pages to be clearer and more informative; and, implement more methods for improving access by all users, including through changes to the site’s format and layout.
This process is a collaborative effort between all Staff divisions and is being led by a team comprised of the managers of the Engagement and Compliance, Policy, Ethics@Work, and EDDA divisions. Feedback or suggestions about the website from commissioners or members of the public are invited and will be factored into the project. Any feedback or suggestions should be sent to Kyle Kennedy at kyle.kennedy@sfgov.org.
PPAR Planning Process
The Performance Plan and Appraisal Report (PPAR) is the City’s standard performance review process used across City departments. The PPAR includes a standard form through which managers set out the duties and responsibilities for a position and identify employee objectives for the coming fiscal year. Each employee meets with their manager halfway through the fiscal year to have a mid-period review and again at the end of the fiscal for a formal performance review.
The PPAR process is an important tool for providing useful feedback to staff members, planning and coordinating projects over the course of a fiscal year, and establishing milestones. Currently, the division managers are establishing the divisional objectives for FY25. Once the objectives have been approved and aligned between divisions, managers will prepare the PPAR document for each staff member. This work is slated to be completed by the beginning of FY25.
Staffing Update
As the Audit Division Manager, Linda Fong has helped lead the audit functions of the Commission over the last three years on a limited term assignment that began in April 2021. That appointment term is now coming to an end, and Linda’s last day with the Commission is Friday, April 19th. Work is underway to plan for efficient transition of duties and responsibilities in the Audit Division. We appreciate Linda’s service to the Commission and the support she has provided to the audit program. We wish her all the best in her next professional chapter.