Posted: 10/10/2024
Updated: 10/11/2024
This post clarifies how the definition of ‘department’ in sections 3.216(b) and 3.218 of Campaign and Government Conduct Code (C&GCC) is applied to units of government connected to the Office of the City Administrator (ADM) and the Office of Economic and Workforce Development (OEWD). As explained below, certain units of government of both ADM and OEWD are considered their own departments for the purposes of these sections.
Overview of Rules:
Section 3.216(b) of the C&GCC contains the City’s restricted source gift rules, which prohibit City officers and employees from soliciting or accepting gifts from any person or entity, if they know, or have reason to know, that the person or entity is a restricted source. Restricted sources include those doing business or seeking to do business with the officer or employee’s department and those who have recently attempted to influence the officer or employee. For more information on the restricted source gift rules and a complete list of what makes someone a restricted source, consult Section 3.216(b) of the C&GCC or contact the Ethics Commission.
Section 3.218 of the C&GCC contains rules about activities that are incompatible with City service. This includes rules that prevent City officers and employees from engaging in activities subject to their department’s jurisdiction, which includes contracting with their departments or serving on the board of directors of an entity that contracts with their department. For more information on the incompatible activities rules and a complete list of what is prohibited, consult Section 3.218 or contact the Ethics Commission.
Determination Process and Impact:
Ethics Commission Regulations 3.216(b)-3 and 3.218-8, define “department” for the purposes of Sections 3.216(b) and 3.218. This definition is based on the “department, board, commission, office, or other unit of government” that the officer or employee “directly serves” and identifies multiple factors that can be used for making this determination, including:
- What government unit controls the budget, personnel and other operations related to the officer or employee’s position;
- where the officer or employee’s position is listed in the City’s conflict of interest code (Article III, Chapter 1 of the C&GCC);
- whether the law creating a department suggests that it is a separate entity, and
- any other factors the Ethics Commission deems relevant.
Certain units of City government satisfy these factors and, despite having some connection to another City department, are considered to be their own departments for the purposes of Section 3.216(b) and Section 3.218 of the C&GCC.
This impacts the department-specific rules in Sections 3.216(b) and 3.218. For example, for Section 3.216(b), an entity would not be a restricted source for an officer or employee if that entity is contracting with another department that the office or employee does not directly serve. For Section 3.218, officers and employees are only prohibited from serving on the board of directors of entities that contract with the department they directly serve and would not be prohibited from serving on the board of an entity that contracts with a different unit of government, which they do not directly serve.
Note: It is possible for a City officer or employee to directly serve multiple units of government or departments. In general, most officers and employees will serve one department or unit of government, but this can vary depending on the unique role and duties associated with that position. Also, if an officer or employee’s department directs and controls another unit of government, the officer or employee also directly serves that other unit of government.
Determinations:
Office of the City Administrator
Units of government connected to the Office of the City Administrator (ADM), which are their own departments for the purposes of Section 3.216(b) and Section 3.218 are:
- 311 Customer Service Call Center
- Animal Care & Control (ACC)
- City Hall Events
- Committee on Information Technology (COIT)
- Community Challenge Grants
- Contract Monitoring Division (CMD)
- Convention Facilities
- Department of Technology (DT)
- Digital & Data (DataSF) Services
- Entertainment Commission
- Fleet Management
- Grants for the Arts (GFTA)
- Mayor’s Office of Disability (MOD)
- Office of Cannabis (OCC)
- Office of Civic Engagement and Immigrant Affairs (OCEIA)
- Office of Contract Administration (OCA)
- Office of Labor Standards Enforcement (OLSE)
- Office of Resilience & Capital Planning (ORCP)
- Office of the Chief Medical Examiner (OCME)
- Office of the County Clerk
- Permit Center
- Real Estate Division (RED)
- ReproMail
- Risk Management
- Treasure Island Development Authority (TIDA)
The units of government listed above are independent from one another for the purposes of Section 3.216(b) and Section 3.218.
However, all of these units are, to some extent, directed and controlled by the Office of the City Administrator (or Central Administration). This means that:
- All officers and employees of these units of government directly serve both their individual department and Central Administration.* In other words, all officers and employees of these units of government are considered part of both Central Administration and their other unit of government for the purposes of Sections 3.216 and 3.218.
- Officers and employees within Central Administration directly serve both Central Administration and all other units directed and controlled by Central Administration (including those listed above).
Note: Any units of government under the direction and control of the Office of the City Administrator not listed above, are considered part of Central Administration.
*This does not apply to the Department of Technology. All officers and employees of the Department of Technology do not inherently also serve Central Administration. However, there may be individual officers and employees of DT that do directly serve both.
Office of Economic and Workforce Development
Units of government connected to the Office of Economic and Workforce Development (OEWD), which are their own departments for the purposes of Section 3.216(b) and Section 3.218 are:
- Film Commission and Film SF
- Small Business Commission and Office of Small Business
The two units of government listed above are independent from one another and the rest of OEWD for the purposes of Section 3.216(b) and Section 3.218.
Additional Information & Advice:
If you are a City officer or employee and have questions about these determinations or how Section 3.216(b) or Section 3.218 apply to you, please contact the Ethics Commission for advice.