Minutes – June 14, 2024 – San Francisco Ethics Commission

Minutes of the Regular Meeting of
The San Francisco Ethics Commission
Friday, June 14, 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 August 9, 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: With Acting Chair Yaman Salahi, Commissioner Karen Bell Francois, and Commissioner David Tsai participating, a quorum was present. Chair Theis Finlev and Vice Chair Argemira Flórez Feng had an excused absence.

STAFF PRESENTING: Eric Willett, Online Meeting Moderator; Patrick Ford, Executive Director; Kyle Kennedy, Engagement & Compliance Manager; Olabisi Matthews, Director of Enforcement

REPRESENTATIVES OF THE OFFICE OF THE CITY ATTORNEY PRESENT: Bradley Russi, Deputy City Attorney; John Givner, Deputy City Attorney

MATERIALS DISTRIBUTED:

Item 1. Call to order and roll call.

Acting Chair Salahi convened the meeting at 10:06am and stated that members of the public may participate in-person or remotely.

Meeting Moderator Eric Willett 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 stated the pledge of allegiance. She stated she was a public servant in San Francisco for many years and was wrongfully terminated due to her unvaccinated status. She ran for mayor in 2018 and 2019. She believes the Commission has discriminated against her. She is running for mayor in 2024. She believes god will save San Francisco if we repent.

Ellen Lee Zhou also provided a written summary of her comments available here.

No further 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, provided the opportunity for public comment on all Consent Calendar items, and voted 3-0 to adopt a motion by Commissioner Tsai and seconded by Acting Chair Salahi to approve the following Consent Calendar items that are required by the Commission:

Item 3. Draft Minutes of the Ethics Commission April 12, 2024, Regular Meeting

The following Consent Calendar item was informational and required no action by the Commission, but the opportunity for public comment was provided.

Item 5. Director of Enforcement’s Report highlighting Enforcement Division Operations

Public Comment:

Ellen Lee Zhou stated that the Commission is holding a public hearing but that was no notice of the meeting outside the door prior to, so the meeting is illegal. She has complained to the Commission in 2018, 2019, and in 2024. There is organized crime telling people that there are only 5 people running for mayor when there are 54. Why hasn’t the commission looked into election fraud.

A caller stated that the most recent mayoral debate was limiting in those allowed to participate. It would be beneficial if it was more inclusive in the future.

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

Motion 240614-01 (Tsai / Salahi): Moved, seconded, and approved unanimously (3-0) to approve consent calendar item requiring action by the Commission.

REGULAR CALENDAR

Item 4. Executive Director’s Report

Acting Chair Salahi removed this item from the consent calendar and asked if there were any updates following the budget hearing earlier this week.

Executive Director Patrick Ford stated that the Committee Chair, Supervisor Chan, did not support recruiting for new positions or re-classifying current positions.

Acting Chair Salahi asked if this was specific to the Ethics Commission, Ford confirmed that this was her position in general towards the budget.

Commissioner Tsai asked if the budget that Ford requested is sufficient.

Ford confirmed yes.

The Commission voted 3-0 to approve a motion by Commissioner Tsai, seconded by Commissioner Francois, to adopt Item 4.

Motion 240614-02 (Tsai / Francois): Moved, seconded, and approved unanimously (3-0) to adopt Item 4.

Public Comment:

Ellen Lee Zhou stated that the commissioners are running an illegal department. Asking for public comment is not legal as the meeting is illegal because there is no quorum and no public posting outside of the door. She opposed the Ethics Commission for today’s meeting and in general. The money that the ethics commission spends is not government money, but taxpayer’s money.

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

Item 6. Discussion and Possible Action Regarding Proposed Stipulation, Decision and Order In the Matter of Luis Barahona

Director of Enforcement Olabisi Matthews presented the stipulations in the case.

The Commission voted 3-0 to approve a motion by Commissioner Tsai, seconded by Commissioner Francois, to the stipulation.

Motion 240614-03 (Tsai / Francois): Moved, seconded, and approved unanimously (3-0) to adopt the stipulation.

Public Comment:

A caller stated that it is incompatible if someone is completing inspections while representing the interests of the organization.

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

Item 7. Discussion and Possible Action Regarding Proposed Stipulation, Decision and Order In the Matter of Murrell Green

Matthews presented the case.

Acting Chair Salahi asked if there is a procedure in place to notify commissioners when they are disqualified due to not filing form 700 so that they don’t continue to vote.

Matthews stated that this is in the code to notify commissions of disqualification.

Ford confirmed that the Commission does reach out to notify.

Eric Willett confirmed that five notices were sent by Commission staff, and the Enforcement Division sent three notices.

Commissioner Tsai asked how the notices were sent.

Willett confirmed that the Commission notified the respondent via email and Willett emailed and spoke to the respondent via phone.

Commissioner Francois asked if any snail mail was sent.

Willett stated that all communications were sent via email or phone. The communication method in the filing system is electronic, there’s no access to a physical address in the system.

Matthews stated that when respondents aren’t responsive the enforcement division tries to reach out via phone.

The Commission voted 3-0 to approve a motion by Commissioner Tsai, seconded by Commissioner Francois, to adopt the stipulation.

Motion 240614-04 (Tsai / Francois): Moved, seconded, and approved unanimously (3-0) to adopt the stipulation.

Public Comment:

Ellen Lee Zhou stated that she wants the commission to stop harassing her volunteers. She is one of the 13 candidates who is qualified for mayor. It is a garbage lie that there are only five candidates running for mayor. It is election fraud. Zhou provided a paper statement to the clerk.

A caller stated that they are running for mayor and that it would be beneficial to send certified mail to notify respondents when they are in violation of their filing requirements.

Ellen Lee Zhou also provided a written summary of her comments available here.

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

Item 8. Discussion and Possible Action Regarding Proposed Stipulation, Decision and Order In the Matter of Thomas Harrison

Matthews presented the case.

Commissioner Tsai asked if the respondent provided any excuses as to why they didn’t complete the training before assuming office.

Willett stated that the respondent was responsive and cooperative and completed the requirement soon after being contacted.

Commissioner Tsai asked if the respondent was aware of the requirements.

Willett confirmed that he couldn’t state that the Commission provided many notices to folks assuming office.

Ellen Lee Zhou asked to give public comment.

Acting Chair Salahi confirmed that public comment would occur following the motion, but before the vote.

The Commission voted 3-0 to approve a motion by Commissioner Tsai, seconded by Commissioner Francois, to adopt the stipulation.

Motion 240614-05 (Tsai / Francois): Moved, seconded, and approved unanimously (3-0) to adopt the stipulation.

Public Comment:

Ellen Lee Zhou stated that she’s never experienced so much unethical behavior than from the Ethics Commission. She paid for a billboard in 2018 and the Ethics Commission came after her from 2019 to 2024 for putting up the billboard. She was fined $185,000. Zhou stated that there are differences in fines for Black, blue, yellow, Chinese, and Republican respondents vs. Democrats. The Ethics Commission has gone after her volunteer, Paul Taylor. She’s letting the Commission know that a lawsuit is coming.

A caller stated that the voters are backing Ellen Lee Zhou for mayor. They want to encourage the Commission to make San Francisco better and allow Zhou to get her voice out.

Ellen Lee Zhou also provided a written summary of her comments available here.

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

Item 9. Discussion and Possible Action Regarding Proposed Stipulation Decision and Order In the Matter of Deneen Hadley

Matthews presented the case.

Commissioner Tsai asked if there was verbal confirmation that the respondent received emails.

Willett stated that five notices were sent electronically via Commission staff, and one notice was sent electronically by the Enforcement Division. The respondent fulfilled the requirement within eight days of the enforcement notice being sent.

Commissioner Tsai asked if the respondent was aware of their filing requirements.

Willett stated that the respondent accepted responsibility for the outstanding filing requirements.

The Commission voted 3-0 to approve a motion by Commissioner Tsai, seconded by Commissioner Francois, to adopt the stipulation.

Motion 240614-06 (Tsai / Francois): Moved, seconded, and approved unanimously (3-0) to adopt the stipulation.

Public Comment:

Ellen Lee Zhou asked where the money from fines in stipulations goes. She stated that residents already pay the salaries of Ethics Commission staff and commissioners. She says she’s running for mayor to wake people up to have some common sense. She is being discriminated against as a conservative, mother, Chinese, a minority woman, and a Trump supporter.

Ellen Lee Zhou also provided a written summary of her comments available here.

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

Item 10. Staff Presentation on Engagement and Compliance Programs

Engagement and Compliance Manager Kyle Kennedy presented.

Commissioner Tsai asked if information for candidates can be provided to candidates right when they file to run.

Kennedy stated that information is sent to candidates after they file to run.

Acting Chair Salahi asked for the turnaround time for the online tickets and what categories they fall into.

Kennedy stated that most online tickets are technical assistance requests and advice questions. Kennedy does not have an average turnaround time but can provide it later at the next meeting.

Acting Chair Salahi asked if there’s tracking of phone calls and walk-ins.

Kennedy stated that the team logs tickets for phone calls and walk-ins are not tracked via the online ticket system yet. There is a physical sign-in sheet in the office.

Acting Chair Salahi asked for information on the website edits.

Kennedy stated that website rewrites and editing is being done in-house with collaboration from Mary and Erin in Ethics@Work and the EDDA team.

Public Comment:

Ellen Lee Zhou stated that there are criminals behind the scenes to tell the public that there are only 5 candidates running for mayor and the Ethics Commission does nothing.

A caller stated that they are nominated for mayor and that the Ethics Commission is very competent in terms of their staff. Staff were able to answer questions effectively and the presentation was useful. They were impressed with their interactions with Commission staff. They suggested that the sign-in sheet at the front desk be scanned and made available online.

This item was informational and required no action from the Commission

Item 11. Items for Future Meetings (Discussion and Possible Action)

Public Comment:

Ellen Lee Zhou stated that she is one of the 13 candidates running for mayor in 2024. She was harassed in 2018 and 2019 when she ran for mayor. People are dying in the street, stealing from businesses, and businesses are closing in San Francisco. The commission is doing monkey business that is not effective. She is discriminated against as a conservative in San Francisco and paid a lot of money to run for mayor.

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

Item 12. 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 that she is asking the commission to help themselves and save San Francisco. Everyone does not have an equal chance under the Ethics Commission. Christians, Catholics, and conservatives were punished for not getting vaccinated and she now knows that the vaccine is a bioweapon meant to kill people. The government wants to repopulate San Francisco.

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

Item 13. Adjournment.

The Commission adjourned at 11:31am.