Under section 3.218 of the San Francisco Campaign and Governmental Conduct Code, each Department, Board, or Commission has adopted a Statement of Incompatible Activities (“SIA”) that lists those outside activities that are inconsistent or incompatible with the duties of the officers and employees of the Department, Board, or Commission. Section III.C of the SIA permits an officer or employee to seek an Advance Written Determination (“AWD”) as to whether a proposed outside activity is prohibited because it is inconsistent or otherwise in conflict with the officer’s or employee’s duties. Each department’s SIA specifies who the decision maker must be for any Advance Written Determination requested by an officer or employee of that department. To obtain an Advance Written Determination, please consult your department’s SIA to see who the decision maker for your AWD is. Fill out Sections A-E of the Request for Advance Written Determination legibly and completely, and submit this form to the decision maker identified in Section C of your SIA. Please note that the decision maker may require you to provide additional information.
An Advance Written Determination by the decision maker that an activity is not incompatible with the SIA provides the requestor with immunity from any subsequent enforcement action for a violation of the SIA, if the material facts are as presented in the requestor’s written submission. An Advance Written Determination does not provide immunity from any other laws that prohibit the proposed activity. At any time, the decision maker may revoke the Advance Written Determination, by providing written notice to you specifying the changed facts, circumstances or other good cause that warrants the revocation.
The requester and decision maker should retain a copy of the Advance Written Determination for their records.
File Request for Advance Written Determination
How and Where to File
- City employee: Submit completed paper form to your Department head or his or her designee, or as directed in your SIA.
- Department head: Submit completed paper form to your appointing officer.
- Appointed member of a City board or commission: Submit completed paper form to your appointing officer, your Board or Commission, or e-file with the Ethics Commission, as directed in section III.C of the SIA.
- Elected official: E-file the form to the Ethics Commission.
E-File
Revocation of Determination
Decision-makers can revoke an approved Advanced Written Determination by completing the “Revocation of Determination” form and providing it to the requestor.