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Agenda - February 25, 2013

SAN FRANCISCO ETHICS COMMISSION
NOTICE OF REGULAR MEETING
February 25, 2013 5:30 P.M.
and AGENDA
Room 400 City Hall
1 Dr. Carlton B. Goodlett Place, San Francisco

  1. Call to order and roll call.
  2. Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.
  3. Discussion and possible action on matters submitted under Chapter Three of the Ethics Commission Regulations for Violations of the Sunshine Ordinance. Under Chapter Three, the Executive Director has prepared a written report and recommendation summarizing his factual and legal findings on each of the following matters. Respondent and Complainant may speak on his or her own behalf, subject to the following time limits: Complainant shall be permitted a ten-minute statement; Respondent shall be permitted a ten-minute statement; and Complainant shall be permitted a five-minute rebuttal. Unless otherwise decided by the Commission, formal rules of evidence shall not apply to the hearing. The votes of at least three Commissioners are required to make a finding that a Respondent has committed a willful violation of the Sunshine Ordinance or that a Respondent has committed a non-willful violation of the Sunshine Ordinance. (Attachments: for each matter listed, notice letters from the Commission staff to Complainant and Respondent(s), staff report with recommendation and attachments, and any documents submitted to the Commission by the respective Complainant and/or Respondent(s); a copy of the Ethics Commission Regulations for Violations of the Sunshine Ordinance and a copy of the Sunshine Ordinance, Chapter 67 of San Francisco Administrative Code.)
    1. Ethics Complaint No. 03-120402 regarding alleged willful violation of Sunshine Ordinance by department head (referred from the Sunshine Ordinance Task Force on April 2, 2012)
      Complainant: Ray Hartz
      Respondent: Luis Herrera, City Librarian, San Francisco Public Library
    2. Ethics Complaint No. 15-111205 regarding alleged willful violation of the Sunshine Ordinance by a department head (referred from the Sunshine Ordinance Task Force on December 5, 2011)
      Complainant: George Wooding
      Respondent: Phil Ginsburg, General Manager, San Francisco Recreation and Parks Department
  4. Discussion and possible action on matters submitted under Chapter Two of the Ethics Commission's Regulations for Violations of the Sunshine Ordinance. Under Chapter Two of the Regulations, there is a presumption that the Task Force findings are correct, and the Respondent bears the burden of showing that the Task Force erred in its determination. In each of the following show cause hearings, the votes of at least three Commissioners are required to make a finding that Respondent has met his or her burden and has not committed a violation of the Sunshine Ordinance based on a preponderance of the evidence. Respondent and Complainant may speak on his or her own behalf, subject to the following time limits: Respondent shall be permitted a five-minute statement; Complainant shall be permitted a five-minute statement; and Respondent shall be permitted a five-minute rebuttal. (Attachments:  for each matter listed, copies of all documents received from the Sunshine Ordinance Task Force, notice letters from the Commission staff to the Respondent(s) and Complainant, and any documents submitted to the Commission by the respective Respondent(s) and/or Complainant; a copy of the Ethics Commission Regulations for Violations of the Sunshine Ordinance and a copy of the Sunshine Ordinance, Chapter 67 of San Francisco Administrative Code.)
    1. Ethics Complaint No. 15-111205 (referred from the Sunshine Ordinance Task Force on December 5, 2011)
      Complainant: George Wooding
      Respondents: Sarah Ballard, Mark Buell, and Olive Gong, San Francisco Recreation and Parks Department
    2. Ethics Complaint No. 04-120507 (referred from the Sunshine Ordinance Task Force on April 30, 2012)
      Complainant: Cynthia Carter
      Respondent: Caroline Celaya, San Francisco Municipal Transportation Authority
    3. Ethics Complaint No. 07-120621 (referred from the Sunshine Ordinance Task Force on June 20, 2012)
      Complainant: Lars Nyman
      Respondents: Frank Lee and Mohammed Nuru, San Francisco Department of Public Works
    4. Ethics Complaint No. 09-120703 (referred from the Sunshine Ordinance Task Force on July 3, 2012)
      Complainant: William Clark
      Respondent: Howard Lazar, Street Artists Program Director for the San Francisco Arts Commission
  5. Discussion and possible action on election of Chair and Vice-chair. The Commission will elect a Chair and Vice-chair to serve for the coming year.
  6. Discussion and possible action on the minutes of the Commission's regular meeting of January 28, 2013. (Attachment: January 28, 2013 draft minutes.)
  7. Discussion of Executive Director's Report. An update of important Ethics Commission staff activities since the previous monthly meeting. The written report, which is available at the Commission office and on its website, covers the investigation and enforcement program, revenues, campaign finance disclosure program, revenues, public financing/campaign finance audit program, lobbyist program, campaign consultant program, and outreach and education. Any of these subjects may potentially be part of the Director's presentation or discussed by the Commission. (Attachment: Executive Director's Report.)
  8. Items for future meetings. Commissioners may propose items for future agendas and the Commission may determine the priority of these items. (Discussion.)
  9. Public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the Ethics Commission.
  10. Adjournment.

There will be an opportunity for public comment on each agenda item.

Materials contained in the Commission packets for meetings are available for inspection and copying during regular office hours at the Ethics Commission, 25 Van Ness Avenue, Suite 220, at least 72 hours prior to meetings. Any materials distributed to members of the Ethics Commission within 72 hours of the meeting or after the agenda packet has been delivered to the members are available for public inspection at the Ethics Commission, 25 Van Ness Avenue, Suite 220, San Francisco, during normal office hours.
Cell phones, pagers and similar sound-producing electronic devices: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. The Chair may order the removal from the meeting room of any person responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Disability Access: The Ethics Commission meeting will be held in Room 400, City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA. The Commission meeting room is wheelchair accessible. The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street. Accessible MUNI lines serving this location are: #42 Downtown Loop, and #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro Stations at Van Ness and Market and at Civic Center. For information about MUNI accessible services call (415) 923-6142. There is accessible curbside parking adjacent to City Hall on Grove Street and Van Ness Avenue and in the vicinity of the Veterans Building at 401 Van Ness Avenue adjacent to Davies Hall and the War Memorial Complex.

To obtain a disability-related modification or accommodation, including auxiliary aids or services, to participate in a meeting, please contact the Ethics Commission at least 48 hours before the meeting, except for Monday meetings, for which the deadline is 4:00 p.m. the previous Friday. Late requests will be honored, if possible. Services available on request include the following: American sign language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes. Please contact the Ethics Commission (415) 252-3100 to make arrangements for a disability-related modification or accommodation.

Chemical-Based Products: In order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City accommodate these individuals.

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE (Chapter 67 of the San Francisco Administrative Code): Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO REPORT A VIOLATION OF THE SUNSHINE ORDINANCE, CONTACT THE SUNSHINE ORDINANCE TASK FORCE, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689; phone: (415) 554-7724; fax: (415) 554-7854; email: SOTF@SFGOV.ORG. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, at the San Francisco Public Library, and on the City's website at http://www.sfgov.org

Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence local policy or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code sections 2.100 – 2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100, fax (415) 252-3112; and website: www.sfgov.org/ethics.

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