Draft Minutes – November 8, 2024 – San Francisco Ethics Commission

Draft Minutes of the Regular Meeting of
The San Francisco Ethics Commission
Friday, November 8, 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

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 Theis Finlev, and Commissioners Karen Francois and Yaman Salahi, participating, a quorum was present. Vice-Chair Flórez Feng and Commission David Tsai had excused absences.

STAFF PRESENTING: Kevin Kincaid, Online Meeting Moderator; Pat Ford, Executive Director; Michael Canning, Policy and Legislative Affairs Manager; Bisi Matthews, Enforcement Director.

REPRESENTATIVES OF THE OFFICE OF THE CITY ATTORNEY PRESENT: Kathleen Radez, Deputy City Attorney

MATERIALS DISTRIBUTED:

Item 1. Call to Order and Roll Call

Chair Theis Finlev called the meeting to order at 10:11am 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.

Public Comment:

Ellen Lee Zhou spoke in person. Pledged allegiance to the flag. Stated she is unvaccinated. She reported there was election interference in the 2024 election. Stated there were 15 people running for Mayor but only 5 recognized. She was at pier 31 on election night and there were 150 ballots that were not counted. Puppet Master’s said they are winning. What’s the point of election? 183,000 votes have not been counted. Urges the Commission to investigate election fraud.

Ellen Lee Zhou also provided the following document related to their comment, which is available here.

A person identifying as “San Francisco” called in. Stated there are a lot of things going on in the city. The commission is arrogant, ignorant, and has no purpose in the city. Everyone needs to go. Every vote needs to be counted. The City Attorney needs to know how to read the constitution. First amendment, freedom of speech, freedom of the press, freedom of religion. Asked if there was an Attorney present at this meeting? (Caller was disconnected due to using profanity multiple times.)

CONSENT CALENDAR: Item 3, 4, and 5

Under its Consent Calendar, provided the opportunity for public comment on all consent calendar items and voted 3-0 to adopt a motion by Chair Finlev and seconded by Commissioner Salahi to approve the following consent calendar item that required action by the Commission:

Item 3, Draft Minutes for October 11, 2024, Regular Meeting

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

Item 4, Executive Director’s report dated November 4, 2024
Item 5, Engagement and Compliance Manager’s report dated November 4, 2024

Public Comment:

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

Motion 241108-01 (Finlev / Salahi): Moved, seconded, and approved unanimously (3-0) to approve the consent calendar item requiring action by the Commission.

REGULAR CALENDAR

Item 6. Discussion and Possible Action Regarding Proposed Stipulation, Decision and Order In the Matter of Mayor Mark Farrell for Yes on Prop D, Mark Farrell for Mayor 2024, Mark Farrell, and Roy Herrera

Bisi Mathews presented a brief summary of the proposed stipulation. There have been 8 counts of campaign finance violations against Mayor Mark Ferrell, his candidate committee “Mark Ferrell for Mayor 2024 committee”, and his candidate control ballot measure committee “Mayor Mark Farrell for Yes on Prop D committee”. Roy Herrera served as the Treasurer for both committees was named but is only listed in the capacity as Treasurer and has no personal liability in this matter. Counts 1-2 involve making and accepting prohibited contributions totaling $98,866.45, of which $14,829.96 was later refunded. Counts 3-8 involve making and accepting prohibited contributions totaling $93,350.03, which were never refunded. The total proposed penalties in this stipulation are $108,179.99.

Commissioner Salahi asked if a representation was made to the Ethics Commission regarding a memorandum that was issued by the compliance council claiming that staff time was tracked. Bisi Matthews stated there was not and the memo was discovered during the investigation.

Commissioner Salahi asked if there were any similar misrepresentations made by the respondents in response to the requests for information by the Commission. Bisi Matthews responded that we are not aware of any others during the investigation. Commissioner Salahi had concerns with possible false information being furnished to the commission, especially coming from the respondents law firm. Commissioner Salahi asked if Roy Herrera, the treasurer for both committees, was affiliated with the law firm. Bisi Matthews confirmed, yes.

Public Comment:

Ellen Lee Zhou commented this item is not a civil case, this is a criminal case. The Commission lies and makes false statements. Zhou claimed that in Item 3 on the Consent Calendar, the meeting minutes falsely accused Zhou of stating the name of her volunteer, by including the full name in the minutes. Zhou urged the Commission to remove the name from the minutes because it wrongfully accused her of something she did not say. (The October 11, 2024 minutes have been corrected to remove the name and more accurately reflect Zhou’s comments.)

Motion 241108-02 (Salahi/Francois): Moved, seconded, and approved (3-0) to approve the stipulation in Item 6.

Item 7. Discussion and Possible Action on Legislation to Expand the Controller’s Reporting Requirements to the Board of Supervisors Regarding the Conclusion of Certain Whistleblower Investigations

Michael Canning spoke on the item, referred by Supervisor Ronen’s office, regarding the Whistleblower program and reporting requirements. The legislation would require reporting to the Board of Supervisors when a Whistleblower investigation is completed by the Controller’s Office involving an elected official or department head, giving more transparency to the Board of Supervisors.

The Commission discussed the proposed legislation with a representative from Supervisor Ronen’s office, Anna Herrera. Chair Finlev asked for more details on why we would need this legislation. Anna Herrera stated it is not about discipline but more about public information and getting the information before it hits the media, so the Supervisors are not caught off guard.

Commissioner Salahi asked if the outcome of these investigations, once substantiated, are public. Anna Herrera responded yes; they are public record but not published.

Chair Finlev asked for clarification on reporting requirements. Deputy City Attorney Radez responded with language from the legislative digest saying to report to the Board of Supervisors the result of any investigation where the controller concluded that a department head has engaged in unlawful activity.

No action was taken as a 4/5 vote would be required to pass the legislation.

Public Comment:

Ellen Lee Zhou stated she worked for public health for many years and was a whistleblower. She reported to her public health leader, Whistleblowers and City officials including the Board of Supervisors and the Mayor that the Covid-19 shot is a poison jab and a bioweapon. She stated several people are dead and suffering from it. Zhou stated she was put on suspension and then terminated because she was unvaccinated. The government only has two responsibilities, public health and public safety. Stated all city employees who turned in religious exemptions were terminated because they were unvaccinated. She reminded the Ethics Commission that they have no power and to wake up.

Item 8. Discussion and Possible Action Regarding the Authority of the Executive Director to Make Amendments to Ethics Commission Regulations

Michael Canning presented and recommended the Commission to pass a motion to give the Executive Director the authority to make minor amendments to Commission regulations without requiring a vote by the commission and allow staff to efficiently maintain the regulations. Commissioner Salahi asked if there is a way to track any changes to keep transparency of changes. Chair Finlev suggested to have them in an agenda packet, or the Executive Directors report every 3 to 6 months.

Public Comment:

None

Motion 241108-03 (Finlev / Francois): Moved, seconded, and approved unanimously (3-0) to approve the Executive Director to Make Amendments to Ethics Commission Regulations

Item 9. Ethics Commission Regular Meeting Schedule for Calendar Year 2025

Executive Director Patrick Ford presented. Director Ford proposed moving the January and February meetings to the third Friday of the month to accommodate the budget process and timeline that’s required by the Board of Supervisors. Chair Finlev asked if any of the dates would interfere with any of his colleague’s calendars.

Public Comment:

Ellen Lee Zhou said to send notices when meetings are cancelled and please alert people when meetings are cancelled or rescheduled.

Motion 241108-04 (Finlev / Salahi): Moved, seconded, and approved unanimously (3-0) to approve staff recommended calendar schedule for Calendar Year 2025

Item 10. Items for Future Meetings (Discussion)

Chair Finlev expressed he would like to look into factors considered when looking into post-employment waivers, as well as penalty factors considered in enforcement actions. Chair Finlev asked, to what extent can the commission supplement or add to, how much can the Commission weigh in on considering updating or modifying the waivers?

Executive Director Patrick Ford responded that the waiver standard is in the code and legislation may be required for changes.

Chair Finlev also asked Deputy City Attorney Radez for her take on the approach and she agreed with what Director Ford said regarding how wavier factors and penalty factors should be considered separately.

Commissioner Salahi asked what level of changes can be made via regulations versus the Code changes.

Canning clarified that the finding standards are in the Code, but all of the factors used to determine when those standards are met are in the Commission’s regulations.

Public Comment: None

Item 11. Additional Opportunity for General Public Comment

Ellen Lee Zhou stated the commission is not productive. Homeless people are dying, a lot of people are missing from San Francisco Street, and corruption going on. There were about 100 people who ran for 13 offices. 2024 was her 3^rd time running for Mayor. She ran in 2018, 2019, and 2024. She is a conservative mother, a pro-life mother, a Christian, an immigrant, was a public worker for almost 20 years, and a proud supporter of President Trump. Anyone who is conservative or opposes them receive harassment and discrimination. The Ethics Commission has no judicial power. San Francisco is worse than a 3rd world country with more people dying and drug dealing and people leaving San Francisco.

Item 12. Adjournment

The Commission adjourned at 11:03am.