Draft Minutes – March 14, 2025 – San Francisco Ethics Commission

Draft Minutes of the Regular Meeting of
The San Francisco Ethics Commission
Friday, March 14, 2025

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 Argemira Flórez-Feng, Vice-Chair Yaman Salahi, Commissioner Karen Bell Francois, and Commissioner Kevin Yeh participating, a quorum was present. Commissioner David Tsai had an excused absence.

STAFF PRESENTING: Kevin Kincaid, Online Meeting Moderator; Patrick Ford, Executive Director; Audit Manager, Eamonn Wilson; Director of Enforcement, Bisi Matthews; Senior Administrative Analyst, Eric Willet; Senior Administrative Analyst, Bertha Cheung.

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 Florez-Feng called the meeting to order at 10:05am 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: David Pilpel, a member of the Sunshine Ordinance Task Force, discussed a task force referral from last year regarding an alleged violation of the Sunshine Ordinance. He stated the Ethics Commission initially dismissed the matter, but a recent communication from the task force Chair to the Commission has led to a meeting scheduled for further discussion next week. Pilpel emphasized that such referrals should be taken seriously and considered by the full Commission, as the task force typically brings few matters forward. He offered to answer any questions.

A person identifying as “San Francisco” called in stating he is not to be interrupted due to the first amendment of the constitution. He asked if anyone knew how to read the constitution. He stated he is a 7th generation San Franciscan, and the Ethics Commission was established over 30 years ago (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 4-0 to adopt a motion by Chair Flórez-Feng and seconded by Commissioner Salahi to approve the following consent calendar items that required action by the Commission:

Item 4, Draft Minutes for January 17, 2025 Regular Meeting
Item 5, Draft Minutes for February 7, 2025 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 3, Executive Director’s report dated March 10, 2025

Public Comment:

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

Motion 250314.01 (Flórez-Feng / Salahi): Moved, seconded, and approved unanimously (4-0) to approve the consent calendar items requiring action by the Commission.

REGULAR CALENDAR

Item 6, Staff Presentation on Public Financing Program Post-Election Report.

Audit Manager, Eamonn Wilson presented the Public Financing Program Post-Election Report. The Ethics Commission administers San Franciso’s Public Campaign Financing Program for Mayoral and Supervisorial candidates and is required to submit a report to the Mayor and the Board of Supervisors following each election in which the Mayor and members of the Board of Supervisors are elected.

The attached Post-Election Report summarizes and analyzes various campaign finance information, including regarding the use of public funds, in connection with the November 5, 2024, election for Mayor and odd-numbered Supervisorial districts.

This item was informational, but the opportunity for public comment was provided. No action was required by the Commission.

Public Comment:

David Pilpel stated it was a very helpful report regarding public financing in the 2024 election. He stated the newest Commissioner, Kevin Yeh, abstained from the Consent Calendar vote and according to charter 4.104 sub-B it states any member of the Commission present must vote yes or no on a matter unless recused. Mr. Pilpel urged the Commission to re-visit the Consent Calendar and re-vote correctly according to charter 4.104 sub-B.

A person identifying as “San Francisco” stated last election through vast networks contributed to Daniel Lurie over 25, 000 votes. Communities don’t have a ceiling for contributions, they go out and work with others community members to make changes within the city. It is a Brown Act violation every time you cut someone off. The first amendment dictates that one can say anything they wish in a public forum. Daniel Lurie needs to dismantle this commission immediately.

Chair Flórez-Feng called for a re-vote on the Consent Calendar which was approved unanimously (4-0).

Item 7, Quarterly Enforcement Report, including Staff Presentation on the Streamline Administrative Review Program and Staff Presentation on an Overview of Probable Cause and Administrative Hearing Process. Senior Administrative Analyst, Eric Willet presented information regarding the process of the “Streamline Administrative Review Program”, also known as SARP that was adopted by the commission in February of 2021. He stated staff has begun a collaborative process with members of other jurisdictions, reviewing streamline processes to update the program, and reviewing proposed amendments. This was informational and no action was required by the Commission.

Chair Flórez-Feng commented saying that she commends the team for reviewing the program for any revisions that may be needed and identifying what is not working or outdated.

Senior Administrative Analyst, Bertha Cheung presented an overview of Probable Cause and Administrative Hearing Process. This review is to help better understand the prosecution phase of the enforcement process including: the process of handling a case that proceeds through an Administrative Hearing, the role and obligations of each party involved throughout the process and the role and duty of the Commission as the ultimate decision maker. This presentation was informational, and no action was required by the Commission.

Commissioner Yeh asked if pre-hearing matters are public or held in closed session. Mrs. Cheung responded that pre-hearing matters are held in closed session. Director of Enforcement, Bisi Matthews, added that previously there has only been one pre-hearing meeting. The pre-hearing had an assigned commissioner which parties worked with directly in close session. Ms. Matthews stated that a pre-hearing could take place in an open session if the whole commission presided over the pre-hearing matters.

Commissioner Yeh asked if there are discovery mechanisms for the parties to obtain necessary documents or compile witnesses to appear at any stage of the proceedings. Ms. Matthews responded saying all discovery mechanisms used for any hearing is available such as subpoenas and request for information. Staff is able to use these through the entire investigative process and the administrative process.

Vice Chair Salahi asked for future meetings if there will be recommendations from staff regarding refining the process of preparing the findings and pre-hearing matters to be more efficient. Ms. Matthews responded that staff is happy to make recommendations and do plan to include them in future notices. Ms. Matthews said she shares the same sentiment in wanting things to move smoother.

Public Comment:

No public comment was received on the item.

Item 8. Items for Future Meetings (Discussion)

Chair Flórez-Feng followed up on a request from Supervisor Connie Chen office asking if the Commission has any guidance or view on how the Board of Supervisors exercises their authority under subsection 3.620(f) of the Campaign & Governmental Conduct Code with respect to when waivers for the behested payment rules are granted.

Director Patrick Ford stated the Commission has reached out to Supervisor Chen’s office to meet with them regarding this matter but have not received a response. Director Ford stated the Commission can follow up once again and hopefully meet in person to get a better understanding of what the Supervisor is asking for regarding exceptions, issues they are having, the process they are looking for and how the Commission can support it.

Chair Flórez-Feng agreed and suggested the Commission provide a presentation at a future meeting with clarification on the request.

Item 9. Additional Opportunity for General Public Comment

No public comment was received on the item.

Item 10. Adjournment

The Commission adjourned at 11:12am.