On the record. Next, disclosure of bidding information. Where do you find that in section 1126. Id have to refer to my colleague on that one. They have three, which refers any respective party to a contract shall, by the submission of a proposal for such contract. The word proposal may need changes, as i pointed out today to our executive director, because a proposal, to me, means an rfp response, not a competitive bid, but theres no reference to a competitive bid there. Is there . Im happy to have debbie speak to bullet point number three. Why is that . Why is that . Yeah. Because she knows this issue better than i do. All right. Thank you, mr. Chairman. Yeah, wheres the Competitive Bidding . Is. The staff drafted this. I know the staff drafted it. The ordinance which was approved last month. Yes. If i may make sure i get suppose were now asked to approve again this month, but where is the Competitive Bidding in that section 1126 . Its not, i guess. Kyle can answer that. I dont think the issue here for that was raised in that letter that you have, but what youre that the Competitive Bidding item. Youre looking, commissioner, at agenda item 7, page 18, number 2, its at the top of the page. I believe thats the main provision. I know that, as entering into a contract. Yep. And the next one says notification by prospective parties. Any Prospective Party, shall, by the submission of a proposal for such contract. It doesnt say by the time of submission of a bid for the proposal. All right. Thank you. That answers the question. Commissioners, ray hart, director of San Francisco open government, and ill be honest with you, im confused as held. First, commissioner kopp made a motion to go into executive session, and you kind of blew past that, and you made a motion, which was seconded, and then, you took Public Comment, and im not even sure which of those motions were commenting on, and the idea that you approved something last month, changed what you approved, and now its sort of proforma, automatically, to be approved here, i dont know where that argument came from. It made no sense at all. If you made changes to what you said last month, you have to approve it before you submit it to the board of supervisors, otherwise, you have two documents out there. One youre approving this month, and one youve approved last month, and which should the staff send to the board of supervisors. I have i have to say, i agree with the members of the public who talked about the nonprofit issues. Youre going to make it so i dont want to contribute any money to anything, and i dont want to ask anybody to contribute any money to anything. If im in the shriners or im going to ask somebody to contribute, im not going to because i have to go before the board or commission, and all i have to disclose that i asked somebody to give whatever. Most big retail outfits like safeway, right on the little thing that you pay, it says, do you want to donate a dollar to the muscular dystrophy . Do we have to tell every customer that walks through safeway, oh, is this a behested payment, and if you want to make a payment to any board or commission, you have to follow this to the letter of the law. Well, if you will ai have to do is push a button to give you a dollar, thats one thing. If i give you a dollar and i have to fill out forms and papers and send them to somebody, thats ridiculous. And i have to find myself agreeing with commissioner kopp. Who is ae going to look at this . You know, basically, ive spent the last eight to ten years working on sunshine matters, and its not because what you would like people to think, that im just being a pain, its because i think freedom of speech is an important thing. Ive taken the oath, whether it was in the military or serving on commissions in hawaii to support and defend the constitution, and the reason i fight for these things is because some people dont have the resources to go to court and get, you know, a judge to rule that their speech is protected. So basically, ive gone through all of these efforts because there are a lot of people out there whose attitude is, why should i even bother to go to the Sunshine Task force because theyre not going to enforce the rules that they make, and that falls on you, so i dont really think that you know what youre doing here tonight. Hello, commissioners. Larry bush from friends of ethics. I think a number of issues have been conflated here. Id like to deconstruct them to the best of my understanding is. The main point of all of this has been to open up government so that we have an ability to participate in decisions. Things which create barriers to our ability to participate are things that we oppose. For example, voter id checks, changing polling hours at certain locations, those all inhibit an ability to participate. What we have seen for the last few months has been an effort to trim back and repeal things which provided the public greater access to decisions so that it became trimmed again and again and again. Take a look at one example a provision that says that you can only fund rairaise if its a person who appointed you. Thats not the way it works. Anyone who works in city hall knows that if the mayor appoints somebody, as you did hydroth hydromendozas election. She didnt appoint them, but under this rule, they can give money to any person that the mayor wants to see supported. Thats not the way the real world works. Thats not going to provide the kind of protection of the public against an infrastructure of an army of political apparatus. Furthermore, the notion that behested payments can operate in some kind of a silo where its only a request that goes before your own commission, and not if you were making a request of someone who isnt before your commission but is an seeking other city approvals doesnt count. Its not a disclosure, so what if youre on the rec and Park Commission, and you go to somebody whos actually got business before the Park Commission . Is that something that youre going to disclose . Not under the way this is written, as i understand it. And yet, the rec and park bond pays for stuff at the port, so theres clearly a relationship. All in all in San Francisco city government, things go back and forth, but heres the biggest loophole of all thats been created, and that is you have commissions that make major decisions that have no commissioners, so the Mayors Office of housing and Community Development, which handles billions of dollars in housing and billions of dollars in Economic Development has no commissioners. We had an election about putting commissioners over that group, and the mayor came out strongly opposed to it. So whats goios going to over somebody whos asking for donations to the mayor office of housing and Community Development . Nobody. Its a blind alley for everybody. City law already recognizes that commissioners have a conflict of interest. Its why we banned them from having compensation for advocacy for other commissions. There are restrictions that normally exi naturally exist that say that commissioners have a natural deference and they cant use their position to make money or to generate money. They also cannot even write a letter to another commission if theyre being compensated for it. I know my time is up. I wish it werent because i would talk about the private right of action where you could split the baby on that one. Well, mr. Chairman, i move mr. Bush, im afraid you president keane well, commissioner kopp has moved that you get one more moment. Any objection to that . One minute more sfl thank you. No objection. Go ahead. A private right of action can be done that you just allow the court to assess a penalty, rather than say that the penalty be shared with the person who files the thing. I dont like that, but thats better than having nothing. At least you would have some accountablity for the person who did something wrong. As you have it now, this is a dead letter provision because its never enforced. Its never invoked. Commissioner chiu asked whether there were other laws that provide a compensation to someone whos not directly harmed. The answer is yes, and it was tasked in july at the insistence of people here at the housing nonprofits that said that a housing nonprofit can sue a landlord who wrongfully evicts people for an owner move in, and then, the nonprofit collects the money that was wrongly collected, and yet here they are saying this is an incentive to get peoples lawsuits. Well, they thought it was a great incentive for them. Why shouldnt it be an incentive for the public . Thank you. President keane thank you. There being no further Public Comment, we have a motion to approve the ordinance and send it onto the board of supervisors. Its been seconded. All those in favor wait, wait. I want to fix this language problem. President keane all right. Commissioner kopp from the ordinance, f23, and ill read, any Prospective Party to a contract subject to subsection b shall, by the date of execution of such contract by the party inform any member, etcetera. Id like to make one comment on that, and thats that commissioner kopp huh . Id like to say in response, just to highlight what that change would do, is that parties that are bidding, that are seeking contract are already subject to to section 1. 126 before they actually execute the contract, so they wouldnt be getting notice until the contract was executed, whereas as written, they would get notice at the time the proposal is submitted, so at the time they become subjects to 1. 126, they would be getting notice from the organization. Commissioner kopp well, whats your language . As written, well, when the organization that knees individuals, the directors, officers, shareholders and subcontractors, when the entity that theyre affiliated with submits the proposal to become a city contractor, at that point, the Organization Must notify each of these individuals that theyre subject of 1. 126 from that time. Commissioner kopp well, i disagree. Its ambiguous. I think were open commissioner kopp i think ill leave it up to the other commissioners, because im voting no on it any way, but thats pretty poor language. President keane any other commissioner want to agree with commissioner kopp in regard to altering that language . All right. We have the motion before us, commissioners. All those in favor of the motion, say aye. Opposed . Commissioner kopp no. President keane the motion passes, 41. We should transmit the ordinance to the board of supervisors with our recommendation that they pass it. Commissioner chiu mr. Chair. President keane yes. Commissioner chiu can i just ask a question. President keane sure. Commissioner chiu maybe this is for the director or the city attorney. In addition to the ordinance that we will be forwarding to the board of supervisors, would it be possible for us to attach some of the comments that we have with the or tdinance that already pass or if we cannot do it as a commission, can we do it as an individual . We can certainly send it as a party of the legislative record what the commission had and received so that would be something thats just part of the attachments for the background from t. President keane were back in session, and we move now to agenda item 8, part of which we took earlier, and that is discussion and possible action on monthly staff policy report and update of the commissions annual policy plan. And theres an attachment that and theres so there are a number of things in that that we should go through one at a time. Sure, yes. So i i just want to highlight, we are, again again, modifying our policy report a little bit, but were basically dividing it into two sections now. Our current ongoing policy initiative is just so you can all sort of see what we sort of have on the plates of staff. And then, section 2 is really those planned items that reflect items that had been planned on the annual policy plan. So what were hoping is that we can get more of your that is, the commissions direct action when it comes to adding or taking items off of staffs sort of sort of just plate, so we know specifically sort of what the priority of the items are that you would like to see something forward, just in terms of adequately, you know, putting staff time in those areas that the Commission Sees most fit, and you know, moving around those items that may be less priority. Specifically, if just, then, to get into the sort of ongoing items, i wont speak about the anticorruption and accountablity ordinance. You all just passed that. We again we briefly already touched on the related informational item there regarding the private right of actions or ktan provisions in some cases. The staff nonvoting ordinance, steph proposed a technical modification. Commissioner kopp you lost me. Where are we . Page 2, agenda item 9. We proposed a technical modification to that legislation. We had actually attempted, as staff, to include that as part of the final version that you all voted on, but we missed that, so we proposed that as a technical change. The supervisor accepted accepted that change in the legislation. It was, again, very technical, so so much as theres no questions about it, i wont go into details about it. It was very minor. The sunshine ethics information that you voted to send over to the board of supervisors was sent in october. It has to sit there for 60 days, and they need to accept or reject those. We havent had any follow up to that at this point. Another item that i want to focus on because i think this is going to be a very important item Going Forward, and were hoping to have this before you before january , hopefully, is the final item on page 2, which is the email form 700 project. We are going to be proposing and weve sort of discussed this briefly before a set of regulations that sort of set the table for moving all form 700 filers to to doing that electronically on a reporting system, not just those designated filers, but in order to do that, we need to cleanup some of the regulations that currently exist for designates filers just because theres been changes of technology. Weve had changes from our i. T. Staff has made changes to make the website more user friend, all those regulations need to be updated to reflect the sort of current logic to the system, and then we can transfer that sort of information over to all filers, and were hoping to have those regulations before you in january. Yes . And i just just one additional note, by my oversig oversight kraen kraen commissioner chiu has a question. Kyle, with regard to the e filing roll out, if the item comes to us at next months meeting, does this mean it would be able to be rolled out in the next e filing form 700 in april . Unfortunately, i dont think were going to make it that round. I dont think were going to make it with the changes that need to be made to the net system, unfortunately. Commissioner chiu thank you. One additional note that we should have here and will have Going Forward is the the whistleblower protectional order amendments. Supervisor breed asked for it to be referred to the department of Human Resources, the controller and meet and confer. We confirmed this week with the department of Human Resources that they are now going to be scheduling that meet and confer process, so we will provide you with greater in depth updates so that that item stays in radar and we get it through that process and back to the board for its action, but i wanted to make sure, its not here but it will be, so just noting that. Yeah, and then just so moving forward then, on the planned and pending projects here, first, let me highlight the legislation, and i want to point out specifically for commissioner kopp, agenda item 8, page 9, we have the agenda legislative tracker on this, or at least an outline of that. I hope thats a little more of what you were looking to see. Commissioner kopp yeah. I understand its small. Its mean for more online viewing. It doesnt fit very well on an 8. 5by11 sheet, so i wanted to point that out that we forget in our oversight last month. Again, thats highlighting or excuse me, that document highlights where in the process those are. Obviously, the states legislative session has ended. Going back to our local legislation, the file number 17038, supervisor cohens legislation, this was regarding and we briefly discussed this a couple of months ago now, june, it appears, this is regarding excuse me regarding certain disclosures of the elected regarding the elections and the elected members on the certain the retiree boards and the pension boards. We are continuing to work with supervisor cohens staff on that. We have just heard some initial emails after they took staffs just recommendations, and we are just starting to sort of move back up on that process. We just heard about that last week before we all left on the holiday vacation, so i imagine we will have more of that for you in december and january about a proposal that i believe you all thought that the the intent of that was a good project. We will continue to move forward with that. And now, sort of getting to the large item that was addressed, as the supervisor spoke this morning, file number 170868, you heard supervisor kim give her presentation regarding her ordinance that would amend a number of the Campaign Finance requirements of the commission, and i i think the main point that we as staff and then perhaps you all could provide us with some direction as to this point is i think you all have said and have had an eye towards having a a strong and enforceable camping finance regime and system of laws that support the purpose and intent of the Campaign Finance reform ordinance. I think us as staff, we would like to fully analyze this this project more fully than we could have provided for you today, so i think we have provided you just with some potential open questions and issues that we have with the legislation. But i think for us Going Forward, we would really like some direction on the priority for this item and when you would like to see us sort of giving you a fuller analysis of the legislation thats pending. Obviously, the supervisor and her staff, we have been working with them, but we really havent had the time to fully analyze sort of the prescriptions that are that are in the virgin in the version that you all have had in front of you today. Commis