Including portions out of the market market planned area. Thank you mr. Clerk. We have staff from supervisor sheehys office to explain this item. I am here for supervisor sheehy. This is a tiny piece of legislation. A few years ago former Supervisor Scott Wiener rezoned the upper market nc d districts to the upper market nct district that has had a very series of planning code implications but because where the supervisor lived there were two parcels excluded from that effort so the legislation before you today just closes the loop and just rezones those remaining two parcels to upper market nct. Okay. Thanks mr. Powers. If no question we will open it up to Public Comment. Anyone wishing to comment on item 2 oh sorry additional presentation. Good afternoon. I am with the San Francisco planning department. As mentioned this is a clean up ordinance that rezone the lots to upper market nct. The ordinance will correct language in the code so that all permanents in the upper market nct are subject to the inclusionary fees and the Community Improvement impact fees. This section of the code was not updated when the upper market nct was expanded and this r this ordinance will update the language and the Planning Commission heard the item and voted for approval. Finally the department would like to thank supervisor sheehy for taking sponsorship of the item. Thank you. Thank you very much. At this time we will open it up to Public Comment. Anyone wishing to comment on item 2 . Seeing none. Public comment is now closed. [gavel] i will make a motion to send fort this item to the full board with positive recommendation. Okay. Motion by supervisor tang. We can take that without objection. Mr. Clerk do we have any further Business Today . That completes the Business Today. Thank you everybody. We are adjourned. [gavel] welcome ladies and gentlemen, to the this is the regular meeting of the of the San Francisco Ethics Commission and i will call the roll. Commissioner keane commissioner chiu commissioner kopp and commissioner hayon is not present but we anticipate shell arrive shortly item agenda item 2 Public Comment on matters appearing or not appearing on the agenda anyone wish to speak on that item . Commissioners ray hart for San Francisco open government. In december this Ethics Commission held a hearing in the referral by the sunshine ordnance task force in ray heart commissioner hayon has exhibited could have recused herself in the matter rather than a fair hearing as the good golf o government guides we this facts and law commissioners hayons statements state their prejudice in part quote the issue of disclosure by the library quote unquote the belief this is something amiss with the friends and quote individuals that use this measure of requesting is a form of harassment end quote none of the issue issues had my bearing on the case before the commission that is a clearcut case and 9 to nothing by the task force and supervisor mondejar was the sublth of an i dr dragged it out for a year and two months one member of the Ethics Commission made a deal about the wasting time and energy and money but they always seem to ignore the fact it is not the person requesting the documents as wasting all the time and money that is the body it simply refuses to do after 14 months simply send a letter i dont have by responsive documents he would have done that my time he claerlt yielded the law as a member of the library he has a personal ax to grind and conflict of interest commissioner hayon requests point out to the library by the mayor and appointed to the Ethics Commission before i the mayor and she pths to cover up the wrongdoing of the Library Commission in the fact it now afs next month 4 years since this group raise millions of a year in the name of Public Library that is the department of City Government has ever reported a single thing to the Library Commission or library in other words, in excess two million plus Million Dollars passed through their hands and recorded nothing as ive described to the Library Commission the old policy you dont tell we dont ask it is wrong that a group of that i have individuals should be given a license to raise money in the name of the City Government and report to no one what we do with the money and the Library Commission sits there and does nothing to ask indefensible and the bottom line is commissioner hayon in her omi statements shows she was more interesting in covering her behind than the mayor than in participating in a fair hearing had she recused herself she should have the vote would have been 2 to whereon and is measure would have passed if you cant maintain the ethics what is the probability youll do anything with the ethics in this city. My other Public Comment. Hello my name is michael and i expect my Public Comment not to be interrupted by my commissioners i have here a copy of the First Amendment and im going to read the First Amendment because i think this body needs to be reminded of what that says congress having shall make no law were the establishment of the religion or the free exercise or abridging the freedom of speech or the press or of the press or of the right of people to peacefully assembly and petition the government for a redress of deprives those words have been seriously abridged by this body when i attempted to hold up a sign a few months ago that is the subject of a complaint before the Sunshine Ordinance Task force right now the matter is yet to be resolved the first part of the complaint process went to the Committee Level and there was a vote forwarding the complaint regarding this body interrupting my Public Comment a few months ago now to the Sunshine Ordinance Task force it will be heard at the april meeting this body has done harm to determinecy by first of all, creating our meeting quorum guidelines which out without fully agendizing it and having a full public discussion about it like Many Americans im worried the taxes from steve and President Trump and how their city hall the press as a go o bloger of longstanding as a citizen journalist i am also very worried about the lack of respect for the First Amendment by this body, and other commissions and politicians who meet in city hall as a taxpayer im funding the infrastructure that allows you to air your meetings and put this on television what you did to me a few months ago in curving my First Amendment rights is a blot of shame on the commissioners. Thank you. Thank you. Any other Public Comment. Seeing none, agenda item 3 discussion and possible action on draft minutes for the commissions february january 23, 2017, regular meeting of any commissioners . Commissioner kopp i have some changes i want to suggest and some grammatical things to correct page 2 item 4 hearing on the merit of third paragraph the gentleman recommended i ask that the words striking be substituted for the word to strike. The next photograph wells fargo the b should be capitalized the bank said substitute word it for they and at the bank is in an, an mat subject and page 5 under Public Comment instead of the words entered or the word enter substitute the word began a 10 minute substitute the word recess for break and on page 6 under 11 section paragraph side verb is omitted and the staff insert the word is under Public Comments number 12 closed session i would substitute the words government codes section 54956. 9 for brown act and then under Public Comment mr. Pilpals comment the Commission Said that there insert the verb were none this month and i have a question back on page 4 two questions under motion one 701, 2, 3 73 thats followed by Public Comment. Didnt Public Comment preseed that motion . Because it states that the motion was r was moved and seconded and passed or as that is that, maam executive director it was there is a motion that has been seconded but not passed until after Public Comment. Commissioner kopp it is 0 my belief Public Comment would have occurred before the vote as the case well correct that but go back and review the record to make sure we are not mistaken on that. And then the last paragraph on that page refers to the commission will participate in the coit San Francisco Public Voice Program what is coi t . It is an abbreviation for the commission on the committee for technology we can spell that out as well. Maybe you should those are Historical Documents augment ought to be understandable ill move those changes and additions. My any other commissioner has kristens your motion the adoption of the minutes as corrected by you and do i hear a second. Second. Public comment . Good afternoon david pilpal i took some time to mark up to the minutes ill provide them though the staff nonsubstantive and caught a couple of things that commissioner kopp caught but minor typos and things thank you hope that helps on the question of Public Comment, Public Comment was taken on that item prior to the vote the way the minutes read that the Commission States that made seconded and passed or failed and the Public Comment is there but perhaps could be written differently so to capture the flow but everything was done correctly thank you. All right. Any other Public Comment. Hearing none call the motion. All in favor, say i. Opposed . The minutes are approved unanimously as amended and the staff will look at the changes subject by mr. Pilpal and incorporate them if their appropriate turn to item number 4 discussion and possible action to elect a chair and having to serve for the coming year and i will call for nominations for the chair and its my understanding ive been advised by the executive director that that the chair the new chair will serve commencing on march first of 2017 through february 28th of 2018. Do i my nominations. I move mr. Chair the selection of supervisor peter king as chairman for the year. Do i hear any other nominations all right. Before i call the question any Public Comment . Incarnations ray hart for San Francisco open government. I heard support supervisor kings election as chair i would date his appearance and the beginning on the Ethics Commission as the turning point from all the years of mismanagement by former executive director john sincroy the only person on the Ethics Commission who has spoken out regarding issues such as 9 to 5 not supervisor mar but supervisor farrell not daring to show his face when he had a hearing and other instances that should have been called out and not in the past i think this body needs a strong leader i think that peter king has both the diligence and education and expertise take whatever you want to call it to handle that job admirablyable any other any Public Comment. Hello chair larry bushes for friends of ethics one our appreciation for the service of commissioner paul that led the commission it is overdue if only she would have applied but a good choice and the commission is better because of it and this was the term while you were here we put on prop c and prop t that was a jump start for 10 years for the activist peter king is unquestionably a good choice we hope to see a continued progress in the advancement on ethics thank you. Thank you any other Public Comment. Hearing none, in favor of commissioner keane. All in favor, say i. I. Nancy pelosis hearing no opposition commissioner keane congratulations and thought i could give you the chair but no, i couldnt quit until the 28 as chair turning to the second item is the selection of a vice chair and i will entertain nominations for the vice chair. Id like to inaudible . All right. Are there any 09 nominations hearing none, close and call for Public Comment. Hearing none, ill call the question. All in favor, say i. Of commissioner chiu as vice chair all in favor, signify by saying i. I all right. Congratulations. clapping. we will change chairs next meeting turning to item number 5 discussion and possible action to provide policy guidance on proposed updates to the San Francisco Ethics Commission Record Management policy. Thank you chair i provide a memorandum and attached policy we put forward to the City Attorneys Office for approval updating the records equipment policy after a review by our staff and those Records Management policy is in the works for sometime, i take into account other jurisdictions in the country and other states and cities policies to look at the best practices and determined that the state of california definitely is the trajectory of protecting emails i want to reflect that in the records policy the first major change in the retention policy we added the definition of Public Records from the sunshine ordinance what is for the Community Act definition in the Opening Statement under the policy it is clear to the public and staff that we mean by when we say Public Record it could be anything as long as evidence of transactions of city business that necessarily means the conclusion of material not see if you want to go to lunch arrest a calendar for Doctors Point out but make sure we are communicating that everything is stated to be countered of Public Record that should be analyzed according to the management record and the next change within the impediment record of category 1 the system is further defined to include Digital Software map for the record and maintenance the dignity of the original record has to do with with how records what about stored permanently as opposed to whether they should be destroyed section was only applying to the historic record under the old policy use a retinal scan and other equipment to show the changing Technology Today that is a pdf scan and in the future we wanted to be flexible to incorporate any other technology that might exist and the third change youll find at the on page lets see this is page 3 of the Records Management policy itself under c Electronic Communications and here ive 0 defined the term electronic communication to include emails and post mail or any written form of communications that qualifies for the Public Records under the record retention and destruction here were reiterating because of a form of an email cant be destroyed an email is transacting government business with negotiation or has to do with with around enforcement case that is community advise those documents at that stage like theyll having been if theyre a letter in written form. Can i ask you a question on paragraph c you stay essay electronic mail systems should is not be used as a reposty for Public Record. Not searching everyones email whenever a Public Record request we will have training for staff if an email qualifications for a Public Record they need to have it as a pdf in the native format and online internal control system in the File Associated with the case or cabin filer to that the email is in a comprehensive block of information and if so it inconvenient and time consuming trained to set up files for the reposty system for those within the files those email itself will be in the records. Exactly all employees will have to go through it their emails and category lists to delete their account upon leaving and the last thing i did update the record retention and destruction schedule itself by changing 0 severalty of the categories theyre readyly recollect the practices i included the emails and electronic calendar and destruction, guidance for staff and rules for staff but i wanted to make sure to mention that the default category of nonpermanent records that youll find their category 4 records default records are records that did quality for ongoing particular matter but evidence the ongoing transaction of city by the default period for two years not destroying emails related to this. As far as storage can we be stored diagonally. Yes. So you dont need to save a paper copy. Asterisk towards electronic storage step one encouraging the use of email and encouraging because once we are encouraging emails well showing we stated it for to replace written letters to save the corresponding but the Ethics Commission has been for sometime under jerry rids watchful eyes in the basement and public room and sending them off for scanning to an the one electronic file so that will be the physical data storage that makes it easier for us to conduct our business including the electronic records can be scanned and then reviewed searched through term instead of by hand. On the listing part two which is the sort of categorizing the retention in the years why is the executive directors report deemed to be a permanent record. There are several things that are deemed to be permanent because of what was conveyed at Commission Meetings autopsy agenda and the executive directors report and Meeting Minutes and recordings of the minutes to the sfgovtv materials those are all available for permanent retention we permanently retain the city enforcement complaint and other things. Why are you not having to retain the legislative drafts. The called records act didnt require the legislative draft. So it is not deemed to be important to keep sort of track how the legislation was drafted in the various amendments. The board of supervisors has that responsibility so our office doesnt retain an individual one. I still on part two. Uhhuh with the retention and destruction but leave out the procedure in place to make sure we are be complying with that is this an automatically calculated system after you see the department of Human Resources has schedules for the related documents we have to keep for a long period of time. What is the racitional. Im not sure the stoichlts but. It seems like an awful long time to keep the paper. From the defense preservation that was important for the city to defend itself against the claims thats why we want the records. The legislative drafts there is none no period whats the rational of that. The board of supervisors maintenance it and the r0b8 responsibility for keeping the draft any draft through the committee or editing will be approved by the board of supervisors those are official copies to be retained. Thats an omission in my opinion you gleam law from the time from prior drafts of a final ordinance. Uhhuh. Do we have any authority over that time period. We certainly do we dont artists involved so the legislation are made by this commission if we are providing on ordinance goes to the board of supervisors and logged there and then the next draft will be logged interesting no in between drafts and unless youre talking about internal staff discussions draft im talking about the oral discussions im not talking about oral descriptions but the written changes in the proposed laws id like those maintained for a couple of years equal to a statute of limitations or prohibition something along that relevant line. Yeah. Yeah we can so our your referring to the staffs internal process for amending the legislation. Like if leann and i shared comments back and forth on a draft those comments. I dont know maybe im talking about comments if theyre in writing im surely talking about first drafts and second drafts and circumstances in which the third draft is enacted id like to know what the first draft and second draft is if im a let Golden State Warriors party or if alm im any kind of party. Okay. It relates to intent and may relate to construction as well as intent. And this is a draft so it can be changed and as a matter of fact i think that 3 years will be appropriate for forgotten about the statute of limitations mandamus. I think one of the based on the answers shes giving us is that the legislation to be ordinances passed by the board of supervisors but we. Right. Prop c and proposition t we also legislate and legislate directly to the voters to approve or disapprove it is it seems to me this vast legislation cant look to the board of supervisors for the draft records you have to look to the Ethics Commission records. So that i would join in the request and i think that 5 years is probably. You think 5. Will be sufficient. I have a final suggestion mr. Chair under campaign statements this is just literary members, etc. You need that as campaign statements of candidates not elected why not insert the words elected before mayors since the next category relates to unelected so there is in ambiguity. Which part judge cop. Put the word elected in front of mayors were talking about elected Public Officials. And committees supporting elected Public Officials. Thank you any other comments by commissioners. Oh, one other one other point the very last one workers comp records again mr. Chair you make a distinction in the ordinance impacted by the board of supervisors and rules or laws from the Ethics Commission that refers to title a cal code section 10102 what code. Thats the state code so that state law is imposing the restrictions and i know that is state law but whats the code ive not heard of california code. California code regulations. You taught ought to say that. Thank you. Any Public Comment. David pilpal i appreciate seeing this before the commission and since its to the updated it is certainly time the way the agenda item westbound characteristics by providing policy i assume this comes back as an action item i believe under the admin code provision is actually the commission where the commission oversees the department that has Approval Authority along with the controller and the retirement and the City Attorney, etc. Ill assume this will come back a weve talked about after the City Attorney has reviewed it and others reviewed that i appreciate the discussion about the retention for Certain Records i think that upon closer recruit i didnt probably all the things 2, 3, 4 category 5 the employee and complaint logs and logical crafts should urban design legislative drafts not retained by the board of supervisors but the legislative drafted you have and they dont have the Staff Research files i think that is it on category 5 could be upgraded to a 2 year retention practice those radio in the generate a lot of records so while were concerned about a 5 year for the harassment complaint i suspect not that many with the commission other departments maybe but not as much also on part 2 i think this needs page numbers ultimately this will be a document actually, the whole thing needs page numbers and the record types to beal its and those just to mention i wanted to highlight that a lot of records have all right. Been digitized and used used to be hundreds of literally campaign statements theyve been digitized so storage onsite with the Commission Offices and elsewhere in the building and offsite for steve and others historically efforts and that trend will continue i hope more records are kept electronically searched for Public Records and for staff to find things historically so i look forward to another version coming back to you for approval that is a good task. Thank you any other Public Comment. Thanks commissioners with friends of ethics i guess i would ask for clarification will state come back for another vote in a month or so. That was contemplated when mr. Pilpal and i talked about that with a draft and comment and based on that comment a final proposed records retention. I appreciate that since i was going to ask for more time to look at it as other speakers have said congratulations on this this is great to see this what happened and it was updated and goes a long way for affordability accountability and transparent i raise two issues on in a general way there didnt seem to be any reference to private emails or private use of private technology you know computers or whatever and weve seen both at the national and local level that can make a big difference to whether anybody state or local employees will use their private Electronic Devices for work and so ill ask that Small Business be clarified all that the examples that we quickly called to mind was there was a time when newsom was the acting mayor in hawaii an oil spill here used his cell phone to deal with the city matters but when a person asked for records no records and during the recent investigation into Police Racial bias again, it was on private Electronic Devices and it was difficult to get to the emails to find out what the exchanges had been ill ask that that be looked at the other thing is i understand what the Deputy Director has said most of dates out there the two or 3 year or 5 or 7 year come from the state requirement because in some cases cases well like to see longer time periods to pick up the patterns of, you know who is giving the funds to whom and whats going on that kind of thing go caught by the state i understand that the other thing ill ask that a calendar be set up for a regular update of this policy be put in place given highway long and given how Fast Technology changes 3 maybe every 3 or 5 years or something whatever staff deems reasonable be put in place we know that it will be updated oozed things change thanks for the effort it is enormous step in the right direction. Thank you. Commissioners ray hart for San Francisco open government. I do agree with the prior speakers that the update of this policy is critical and it is very timely and i really think this is important for one reason that is you cant enforce it in regards to other agencies if youre own house is not in good order. One thing that may make that note as critical oozed it might have been in the past for example, to the hearing regarding mark farrell that of the former executive director allowed to drag on literally for two years i think that was there the retention of the documents was critical you know at open space some point you lose evidence in the hearing and now that the hearings and efforts are made to bring the hearings up to date on a timing base this may not turnout to be critical still it the law and the records should be retained as judge kopp a lot of the issues come back to the matter of intent that was an article in the newspaper today as the new attorney general jeff sections has withdrawn the supports for the civil rights voting act q and as cases in texas for 8 years where a judge resolute clearing that the records showed their intention was clearing discriminatey and other records he basically said you cant look at those and assume theyre attempting to disphotograph seethsdz of the population in particular the africanamerican and the Latino Community in the stave texas as of today, the attorney general has withdrawn the federal support and were going to see that back to the old let the states handle it from we want to handle the thing and rig the votes to the democrat ice cream cant get the votes and keep hold of the statehouse it will be much, much easier were going to have a real time over the next 4 years trying to keep our country in check and the bottom line is regardless of what you think about President Trump and the interaction with the russians the dough is there and enough americans dough u doubt our government right now but the damage is done whether mr. Putin did that intentionally or assistance from anyone on the trumpet team didnt matter the damage is done and the only issue is the severity i think that is timely those records are kept update and hope well see following on as cases are brought before you regarding other city agencies there an effort to be more uniform throughout the city thank you. Any other Public Comment. Chair larry bush pr i wanted to have a classification of a few points there will be a document and model for 09 departments to what extent e step up to the plate this allows the Ethics Commission to have the calendar kept whether or not someone on a retention schedule as with the steve case because i think that an important part of question here as to who does that apply to and in addition to that i think the issue of extended record is important when you have some of the facility issues that you have jurisdiction over the retaliation case want to be able to see whether or not there was an exchange of emails between supervisors between an employee 4 years before it gets to you beyond the timeframe you want to make that clear and finally want to recommend that you sort of road test this through attorney General Holdings recommendations that came out in 1990 as president obama recommendations on freedom of information that is part and parcel of the document retention under the circumstances the records are released and retained they cant be released unless their retained as you moderate and examine the sunshine ordinance and the provisions i think this is a part of that same issue that 1990 holder policy statement is of Public Record and updated in 2015 thank you. Thank you any other Public Comment . Hearing none, this is a matter that will be i believe on the agenda when the staff is prepared with their final version or commented and voted by the Commission Item agenda item 6 distribution of education and Compliance Report commissioners that is a brief report we wanted to try to bring them regularly to you to highlight could he items on the educational front in the office this brief report provided to let you know about two could he areas one were focusing a good number of staff hours on reaching to the employees for economic interests and officials that have filing obligations on april 3rd a monday were brandishing it out not only to the departmental officers but to the City Employees this is something that our fellows are been working on and pat has been leading the effort and done is couple of informational sections and training sections for filers and directly last friday good feedback and good questions continues to help to for the materials and information that we need to priority providing for the deadlock staff theyre aware of the obligations and understand them were excited and continuing to learn how to be helpful to the employee to file the interests under state law, and, secondly, last month continued to use our website as purposefully as possible have recently changed the information on our home page to highlight the economic interests and filing periods and the pap smears that provide people in one place all the information to complete the file and so this is something when we periodically change our home page banner try to draw the people to the timely activities i want to highlight those and ill be happy to answer any questions you may have. Does the information that is on the website provide someone like myself who got a form 700 electronically to i, make the changes in the form that is in the file now . You have to go into our current into the Electronic Filing system but, yes an information particularly for folks that file electronically to take you to the pages and separately for hardcopy piper format and that will be a priority to bring those folks into the e filing world but that information is there to get you. Is this a personal pass would wood in order to get to like if i want to get to mine i have to know my personal password. There are easy links to get assistance you need. Were happy to assist. Any questions by the commissions. What percentage of the form 700 filers have to do with the paper. We cant had had math but 56 hundred filers are file electronically i believe around 3000 file on paper. So it will be a significant change and improvement like i think administratively for departments to do Online Filing. Do have nothing on the site to log in and create. We cant at this point this is something in the next couple of months bring a regulation that will have people file online they dont have the capacity to do that right now our goal to have that filling in 2018. Wasnt that a subject matter dispute with the union we were to meet with them and try to work that out to get them he on electronic as off the paper. Yes. We had a number of meetings starting last summer into the fall there was good feedback about the process where it stands when we bring the regulations draft regulation to the commission for input we hope the bargaining units u unions have those discussions so it is something we were addressing in conversations with them directly. As a matter of curiosity i use electronic talents is interest but im able to do the form 700 is there any estimate in our discussions with the unions or pot people will people who simply are unable to do things electronically a percentage of people that may not be able to do things electronically and must rely on paper that we know of it is like you still have around older people that have dialing phones less and less but nothing we know about that population and problems that it might cause for that population whenever that population may be. Not an issue that was raised in the conversation i think there is a great awareness there are employees if they dont have a desktop for example, but access to computers most people participating making government decisions in the way it is contemplated but have to provide your relocate have easy access to computers as part of their jobs thats not the issue revised but more of what information and how public is that information those were more of concerns that the focus of discussion we dont know to what extent people are difficulties logging on did you know we have assistance from the Commission Although were not employees but log in directly and that seems to be working smoothly not a lot of things to suggest that is a key issue for folks. Thank you any Public Comment . Im not sure how it larry bush for friends of ethics im not sure how it is handled but recently places that people want confident where their live but particularly im thinking of those who have a restraining order and dont want to tracked down by an abusive person and those residing in a facility for people who are dealing with a lifetime of abuse ive had friends who were in that sidewalks that had several restraining orders were murdered i think that is an important consideration how you handle confidentiality in those instances. Thank you commissioner, first on agenda ray hart for San Francisco open government. I would like you to keep in mind the old saying about not confusing activity with the achievement and the reason i say this having a system whereby everybody foils their forms ask good but if nobody checked or enforced that is not good ill give you a plaintiff example city larger than filed under the penalty of perjury he claimed not receiving nothing of value from the group of from friends of the library we brought that to the Ethics Commission and formal executive director refused to deal with that in any way, shape, or form and took him to the f b c in sacramento she found him in violation of the law and paid 200 theres fine for each of the years and revised states statement of of economic interests oongd 15,000 worth of disposalable items a City Department head that going out in public talking about the benefit of this program and how it benefits the library and yet no knowledge that id be able to find what they window with the millions of that pass through a their hands he was getting a chunk of that id like to get a 5,000 gift and if caught with a 2 hundred theres fine it is good but if people file them out thinking no one is looking at them and under penalty of perjury only found out to gotten that what is the point it is on encouraging bad behavior and why should the citizens of San Francisco have to take a city official to a state body to get enforcement of something they undercover the fact the person lied under penalty of perjury especially, when this person has a duty to know whether or not something hes recommending and supporting to the public is actually beneficial to the public ive been logan at the friends and foundation for several years and like i said earlier there is 4 years since the friends made Financial Disclosures and pdf no fiduciary responsibility whatsoever through this money is raised in the name of city of San Francisco because the library is a department of the city outrageous totally unacceptable i believe unbelievable. Thank you david pilpal since others are commenting on form 700 and s e i. As much as the city has control over employees and whether they foil on paper or electronically well be dealing with with regulation my concern is more about consultants and contractors of the city where a Department Head has an obligation to make a determination whether that consultant or contractor should have simple disclosures form 700 and not participate in decisions a theyve got a financial interest im thinking in prairie agencies like dpw and mta and puc which have millions of and probable billions of of public works contracts and offers with consultants and contractor boarding on board and never been consistency whether those consultants and contractors mile if that form 700 and how their shielded from making government decisions they have a financial interest i hope that is an area that is discussions in the next report from staff as we develop the regulation to implement Electronic Filing for employees and those persons also want to comment since the commission mentioned a few minutes about Public Records being transmitted and larry gave a sense of that mayor newsom a case pending before 9 Supreme Court in san jose about lobbying of Public Officials through private devices and private accounts and whether those are Public Records to disclose that was submitted in december and due by next tuesday, i spucht in the next week well get clarity on that subject and im you sure that commissioner kopp and the rest are concerned about the outcome it is an interesting case and has bearing on the state cases Going Forward. Thank you. Hearing no other further Public Comment no action this was informational turn to category or item agenda item 7 destruction of enforcement report. This most weve under gotten a Case Management software to help us manage the intact of ongoing assessment and litigation of the complaint theyve turned into formal investigations in matters it come before the commission we are thats a great question that information by spreadsheet and then manual filings on our own internal filing system that is really just like a cloud based filing cabinet so it is difficult to manage with the condition 214 states street and the human error because so many people are touching all the files at the same time and no 32 and consist way to make people file things k346b89ly for purposes later unless a Case Management program we went first went to the fair and local Practice Commission in sacramento in order to look at the system just commissions from outside vendor to sort of they called it customized system for their exact purposes for Campaign Financing and lobbying purposes i consider this is the cadillac system a very thoughtfully system and most complaints are fed though the kthd system automatically whether or not the complaint is populating a file for complaint reviews to do their preliminary review for the enforcement director and they can change or converted that assessment into a formal case to be investigated that is the new screen with different folder like correspondence and docket entries and pleadings and e under a spate area to keep track of witnesses and the cases the number of people that are working on it there is a place to log your activities so case notes one the system that system was expressive and expensive so we went to other look at other systems within the city San Francisco to see what the city has to offer and we first in that regard went to the Whistle Blowers Program with a similar Online Filing option and the system on the back he said is unrelated to the file manager so the complaint populated the form and they can keep track of the different ways their keep track of the activities log and doesnt link the files to their Case Management program so the files are existing open on their own in a separate file manager 3 is program is old developed in 2009 but the technology was obviously not as good with the other system today in 2017 and then finally we visited the City Attorneys Office and talked about with andrew about the way they track their litigation and track their advice bus they use different programs to track and we learned their system appears to be somewhat suitable for our purposes but antiquated and spending money on things not ideal to purchase frankly is this process is ongoing a cadillac system in mind and now engaged with the it administrative people to preferably given the code so we can make our cheaper or purchase from them a price and some idea of the price and intern to keep track the information in the past sheepts and the cloud base system a thing that supplement were the task force hearings towards the end of last month we learned the sunshine ordinance passed with michael with two complaints against the Commission Regarding the usage of his sign in the september meeting and the meeting decorum that was read into the october meeting sophomore violating the sunshine ordinance and the sunshine ordnance task force took place on february 1st, i spent time and attended that meeting which i arrived after work at 5 they told us it was going to start at 5 30 but our item came up on the agenda of 8 30 and the meeting was over about 10 so that took a good deal of time but successful the sunshine ordnance finally agreed with us no violation of the ordinance commit forwarded those Task Force Final decisions in the order of determination youre seeing those are available if you want further detail and also realized perhaps late in time that mr. Hart filed a complaint against the task force or im sure against the commission i think in late december with the december meeting and in that meeting judge kopp asked mr. Hart to stop the profanity during the Public Comment and task force involved or the interruptions of his Public Comment with those astonishment the Sunshine Ordinance Task force is education and Compliance Committee called a hearing on february 21st i was unable to go there i was taking the california bash exam and my colleague couldnt attend she was sick for the week so we got word today, i think it was yesterday im sorry friday i dont recall but the Sunshine Ordinance Task force voted the education compliance voted to find we violated the sunshine ordinance in that regard because mr. Hart didnt get his full Public Comment period and returned this past republicans for p. M. So ill attend that hearing the commission and present our case in other news ive provided the same practically investigative data we also do because of the work to decrease the oldest cases down to 24 matters of official investigations at this point that number disclose is artificially allow weve not be able to get through the matters to review those matters total one and 23 but the good news were conducting interviews the second week of march for the 3 investigator i plan on for the most part setting them on preliminary review and in the intern i hope to clean up the non jurisdictional matters will an zero as of the march meeting we updated the d dr with the revenues by my review theyve not be able to collect additional funds this month on our behalf and as requested we included Outstanding Payment plans the commission entered into in the past still outstanding so the only one i oversaw in this for stuttering that asked to pay the penalty of 25 hundreds dollars in two statute of limitations he agreed to that hes made good on his first installment with that, i mean, ill take questions. Thank you commissioner kopp. On the investigators who is interviewing them. I am and a man named bryan hopper with the wart district. Ill let leann answer that. Wait in the Water District. Under the survival rules panels that entrust candidates that move on to the process they passed the mingle qualifications and the core examine and received scores of a sufficient level on the questions seated by mitch and another individual and moving through a form Interview Panel 3 people on the panel and two of them with City Employees and one outside expert. Who the the City Employees. A couple a drop and assistant drop. The other person in a Water District. A former colleague in the sacking Water District a District Council their who specialize in ethics issues. Okay. And there are 3 finalists. There are 3 members of the Interview Panel and several financial i was. Several how many. 14. 14 oh. And then when does that interview process end. I believe that we have the schedule for march 15. Yeah. We hope that it is yeah march 15 and we hope to be able to make a decision by the end of that week or fairly quibble by the end of march. Dpavl by the end of march. Now switching to different subject matter that is the receivers referrals through the bureau of delinquent heres a judgment a year and what the three or four months old what has been done with the judgment i asked last month has that bureau obtained an order of examination. Would you find out. Sure. And find out secondly, what the order of examination revealed about the Judgment Debtors judgment found out why not if there of the not an order. Again referring to page 3 of the report no status showing for the norman or another one with jackson why is that. Because we dont have that information from the bureau of delinquent review only in their chart when they have a judgment. Can you ascertain what the status is i think the entire commission should know. I think thats all i have mr. Chair thank you. Any other commissioner have any comments . Any Public Comment . David pilpal i appreciate commissioner kopp questions about the d dr and the delinquent review singular we should find out for sure and report to the commission my understanding that Chris Jackson ran for the Oakland School board this november that is right. So if you have time for that. Yep i also noticed the discretionary in the table at the top of page three on the review and on page 6 i cant tell if there are 5 or 15 sunshine ordinance complaints with an says 5 one says 15 im sure the answer is one or the other i think the chart at the bottom of 6 again didnt line up with the top of 6 but it sounds like there is light at the end of the tunnel holy at the next meeting an announcement of hiring or one or more of the investigators and then in particular the case more than 12 months both in preliminary review and open formal complaints with the attention they deserve in particular because in those cases the people go away the memories fade and preserve the evidence if there really was wrongdoing lets find out about it im sorry a you know about that were hoping be discussing that in closed session later on. Thank you very much good work. Thank you any other Public Comment . Commissioners ray hart for San Francisco open government. Id like to address mr. Blooms recorded on the complaint i filed with the Sunshine Ordinance Task force there was a very long convoluted letter sent to the task force which beacon hill said i got my 3 minutes if so review the recording of the Ethics Commission during my Public Comment youll hearing or hear a chime with thirty seconds he continued until commissioner kopp interrupts me and places me in a position to challenge him and hear the 3 minute chimney at this point, i asked the chair for time and was told my 3 minutes were up my Public Comment was abridged the members look at that and, yes you obviously had your comment abridged and condemned to the full task force to find jurisdiction and a violation commissioner kopp or any member of my commission or body has a right to respond to Public Comment. However, like any member of the public theyre required to follow the rules after Public Comment is over they can ask for recognition from the chair and then are entitled to make any comments thats called the sunshine ordinance ive heard disparkinsons remarks about the sunshine ordinance it is the law of the city it is the open Government Law no member can a interrupt a Public Comment. I found it is extremely ironic when i attended the hearing before the rules committee at the board of supervisors recommending to the reappointment one of the questions that supervisor fewer asked him was do you enforce the laws you dont agree and he went through a long convoluted thing which can i think basically said, yes, i will enforce laws even though i dont agree with them but we talk about the sunshine ordinance which says specifically this body is responsible for enforcement you wont do a thing in this case wont follow the law when i filed a complaint i get disparaging commit im harassing people when im comberg my rights through the laws with the sunshine ordinance information not just city law but the california records act and the brown act respect the publics right to speak. Thank you. Hearing no other Public Comment well turn to agenda item 8 which is discussion of the directors report. Thank you chair this reports provides a report of budget there are a number of data to be entered into the system that is a narrated that accompanies the submission to the mayors on the 22 under attachment a happy to highlight that in a few moments in terms of other updates on the hiring front that are critical to the work we have before us immediately we have a table on page 2 that shows the status of various vacancies and recruitments at the commission as jessica mentioned the analyst positions are the interviews with being scheduled followed by that closely will be the investigative analyst and policy analyst positions that have closed and the applications are in the Capital Improvement we have the first temple speak was approved i believe last friday that is moving forward as well and then as i mentioned last month we have a level of creation for the people from the unit to our Informational Technology in our e filing conversion project so another vacant that well be filing that as well in terms of the new information that on this i said im happy to share the news weve seen a policy analyst that will be starting kyle from the midwest moving to San Francisco and ethics and lobbyist with the wisconsin Ethics Commission formally the wisconsin golf accountable board and a lawyer with direct experience with those issues and the organizations and filing so well delighted hole be joining is were excited and look forward to introducing him and april meeting there are a couple of other notes as we attended an interested person as the secretary of state to provide on the cal lax with the Electronic Filing system in San Francisco and provided comments to the support to the policy information. For the Audit Program and a lead oversight in the compliance unit two things have happened since submitting the budget ones the Department Westbound notified with the department of Human Resources will not be undertaking any reviews of the new positions that means that the department of department of Human Resources at the mayors direction not looking at the possibility of new staff positions and we call the roll. Understand it and the second thing that happened last week after a budget was submitting the Mayors Office contact and asked any department that submitted the new Position Authority to notify those will be removed from the system that the actual Budget System where all the numbers will be crunched thats another indication is it is a difficult year for asking for new positions from the perspective of the Mayors Office give the large backdrop and be possible no federal funding i share that with you to let you know those requests have been submitted i have a meeting to walk through to see to share with the what the basis and genesis of your request so hopefully more information but make sure you are aware the budget is something were continuing to find ways to achieve and maximize our resources well have to do the job we need to do i look forward to keeping you informed those are recent developments but ill be happy to answer any questions you may have. Any commissioners have any questions or comments and i thought that report was a very thorough and choose your moving forward on programs at the commission. Okay. Thank you. Commissioner. I wanted to emphasize i noted in the last meeting how important it is that we continue to push forward in our request for the additional resources. We all know the budget is seriously under fund under a different director wear fortunate to put tooth a bullet and we were given the resources and i think the city and people of San Francisco have spoken and prop c and prop t saying that transparent and open government is critical and important to us we cant have that unless we have the resources to make that real so i would encourage you to bring that message back to the Mayors Office to let them know that we on the commission take our jobs seriously and listening to the people of San Francisco and that they need to listen to the people of San Francisco and support the work that is being done here. Commissioner keane. Yeah. Id like to emphasis that as well and perhaps it might be a good idea if in our discussions with the Mayors Office in communicating our concern about this and particularly will what supervisor chiu said about the years in which the commission didnt review any resources it needed because it didnt ask for it and just didnt get anything with many other departments were getting increases that was under our body in a budgetary stand point if you would communicate to the Mayors Office that our concern about this is real and serious and from the additional positions are not given to us we will look at seriously at our authority to put marts on the ballot and to put on the ballot i will recommend to my colleagues to put on the ballot for next year a ballot measure setting out certain degree of independence from the mayor and the board of supervisors in regards to our budget we can exercise the Authority Oversight that we need to exercise over the mayor and the board of supervisors so it is in a sense an unveiled threat that im communicated that from the San Francisco wants to keep control of our fiscal position and not have us break lose into an independent type of before you gety organization one the city i think will be the first they can consider that acquit seriously in light of the fact that the people of San Francisco have been very sympathetic to what this commission has done relating to oversight of the political establishment the Mayors Office, supervisors and others in regards to the last couple of years the ballot measure and our success with them in terms of the numbers and percentages of the people who the 87 percent so i would really like you to communicate that to them this is something that well do this next year on the ballot unless they gusive us what we nd not blackmailing them but this is something that is appropriate you dont want to do it we have another avenue and well take that the avenue. Id like to add you know to this mayor ed lee is on his second term and he probably thinking about legacy part of his legacy he k34578d open and transplant government and build on in legacy by continuing to support the work were doing here. Any other commissioner. Call for Public Comment . David pilpal i agree with the comments that youve all made the i think the delta just for staff is probably a quarter of a million or 2 hundred thousand maybe less for the. 75 or less just staff increment here so i think yes. You should appeal to the mayor note under with whatever Charter Amendment passed no november election this year that saves the city 2 million to putting the money into the staff to make that place work mower recently is a cheap investment and the mayor so think about that but from the mayor says across the board were not 0 doing new positions package to the board of supervisors when theyre adding the ad backs to the june up copying coming probably be reprogramming thirty millions i know im saying back what youve already said im on the ground strongly and concerned on page 3 in the middle the audits have to start by april one of 2107 shouldnt take 90 years to start an audit 90 days is one thing. Whats your hurry. Ill be here youll be here never mind and finally on the policy plan on the last page in the staff is bringing back the audit policy review and possible changes to select career next month we look forward to perhaps the random selection should be put off to the following month and that will for the Selection Process depending on where that goes and assuming the record retention item comes back that should be retitled Records Management policy it seems to me an update on policy but, but really an update on the good luck next month. The information is a informational presentation didnt call for action by the commission so turn to agenda item number 9. Public comment on all im sorry good afternoon, commissioners and director ill derrick a checkbook it is important for the Ethics Commission to be fiscally independent from the Mayors Office otherwise i cant investigate the whistle blow retaliation and be independent to confront city agencies i do appreciate your ongoing efforts to strengthen the checkbook protections, however, your record of the burden of proof is stacked against whistle blow it is built into the governing apparatus of city agencies it is mower than that the applauding occurs in secret and correspondence is restricted and merchandising work with the Human Resources professionals and attorneys to create preretention to camp fragile the retaliation whistle blowers with unthose maneuvers if their lucky they pick up bits and pieces of evidence awhile targeted in short they dont have access to the preponderance of the evidence that you require unless there is a discovery process they cant prove that their whistle blow was a constitutionally interior decorator in the did he miss nonetheless an intrusive investigation interesting last year osha Occupational Safety program revived the standard of proof instead of after a preponderance of the evidence osha can accept a reasonable cause to suspect that retaliation occurs likely less now it is a violation if whistle blowing was a contributing factor arena a motivating factor in termination so they lowered their standards i did should consider using the reasonable cause and the contributing factor standards if retaliation is never valeted here whistle blowers will not come to you go to the court or month i have some information about the osha standards thank you 9 discussion and possible action status of complaints received or initiated by the Ethics Commission take Public Comment on this item. Hearing none, the question is whether or not the discussion should move into closed session. So moved. Second. Any public discussion. All right. Ill call the all in favor, say i. I. Opposed . Commission has voted 5 to nutrition to go into closed session i would anticipate that we may go back into Public Session in thirty minutes. Before that. Ill is chair. And dispose of matters as quickly as possible any commissioners want to say nothing else item 10 discussion and possible action an items for future meeting record to reflect that i asked for Public Comment. Exemplary chair. On Public Comment on the report as to the action that was taken in closed session. And being no public members available well move to item agenda item 10 unless a reason not to. One bit of housekeeping in section b the commission needs to take a motion not to disclose the closed session. No, i dont believe i did that you provide a brief highlevel description thinks outside the box or thats fine but the commission needs to vote not to disclose. Do i hear a motion. So moved. Second any Public Comment . None ill call the question. All in favor, say i. Opposed . Hearing no oppositions the motion carries by the zero now turning to agenda item 10 discussion and possible action on items for future meetings commissioner keane. Thank you. Ill be providing to the lady within the next few days some materials relating to an assignment that actually, you you commissioner keane gave me a year ago in terms of the propositions we put on the ballot but probably no one else will recall we decided we would attempt to restore the original prop j which was a propose that was passed by the votes voters and has to do with with a lot of requirements for gifts on a things by elected officials and members of the political family in San Francisco and because prop j g did an expansive type of measure setting forth all sorts of prosecution against gifts and things that could be given to elected officials, commissioners and other people in an official capacity and without rehashing talking about the history of it when we do this officially that was subsequent measures which sub rows up were repealed the prosecution of prop j that dismayed a lot of people with the help of people like the friends of ethics and larry bush and also with some communication with commissioner kopp we rewritten the proposed prop j restoration that is fairly extensive ill be submitted that to the clerk to have that on for a matter of discussion how to proceed and whether we will precede in terms of the Going Forward with it and sending it to the board of supervisors ask them to reenact the legislation off prop j or whether or not we will just on our own woekt and put it on the ballot or perhaps both send to the board of supervisors and combablthd within 90 days or if you dont well put it on the board of supervisors well put it own the ballot so the bottom line is that all of us will be getting from ms. Pelham this restoration of prop j the law itself and that an explanation that of what the restoration will do and have it agendized for next time for discussion and see how we proceed from there. I think that question should we have any interested persons sections scheduled either in advance or subsequent to the submission. I think we should look at that we want interested persons if we discussed this interested persons meaning after a march initial discussion of this and perhaps ms. Peel yum could look at the times it would be planned for after ill anticipate within a couple of months after our next meeting well be in a position to vote on how well precede. Any other suggestions for future items . Any Public Comment . I have one other comment not on this and my final comment tool commend you commissioner renne for two years of excellent work as our shepherd through the procedures youve done a great job i hope that i can do Something Like what you have done but you served the city and all well. Well, thank you for your comments and im absolutely confident with your leadership it will do even more than we did in the last two years but going in the right direction. Item number 11 additional opportunity for Public Comment. No public being here i will entertain a motion to adjourn. So moved. So moved. Second laughter all in favor, say i. Opposed . We are adjourned
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