Starting at 1 00 p. M. In room 416 unless otherwise noticed. Based on that calendar, all heatings follow that schedule with the exception of the may meeting which would be on a monday, may 7 at 1 00 in city hall room 408. We apologize for having to reconsider this issue. There are extremely tight constraints on city hall meeting rooms and the availability to telecast live which is what our bylaw also require. With that, we presented this. We noticed it 10 days if advance of the meeting so that the public also has a chance to weigh in and we provide this to you for your consideration today. Thank you. Commissioner kopp . We could make that 2 00. I would have no objection because i have a conflict fridays between 12 00 and 1 30 or so. Ms. Pelham . I think that is up to the commissions discretion. But that would work out in terms of the schedule of the tv and all that stuff . Yes. The rooms on fridays are open after 12 00. Ill make such a motion. Commissioner kopp has moved to amend it so that meetings begin at 2 00 rather than 1 00. Commissioner lee . I just have a question. Obviously there would be there should be no more meetings on friday night. Is there any other meeting scheduled on the friday afternoon after hours . No, not continue not that im aware of. We checked that. In unthat are currently scheduled. Do we have a second . Ill second it. Potion motion has been made and seconded. Further comment by the axisingers . Commissioners . My only comment would be, and it is directed to the staff and the comment that was made about sort of trying to bring in those people who are otherwise employed at in an afternoon and, as i understand it, there is a telephone type of connection that can be worked out, is that right . Well, i think that is . Ing were still trying to explore. Im not familiar with how the room is set up to accommodate multiple phone lines or callin and so i im hesitant to convey a confirmation that thats doable at this point. I would urge you to check and, if at all possible, make it so that there is a number they could call in to and mute their cell phones or whatever it is until they want to address the commission. Ok . Further comment by commissioners . Well take Public Comment. Im bob planthold. Im glad you considered the change initially. Im glad you are looking again. It is a going to be widely, consistently available on tv. I support this. And i want to pointed out that sfrat attending in person, people can monitor these meetings, ao eltser through the cable tv station or because these are cablecast simultaneously. So, people at work, on a, muni bus, up in their attic, wherever they are, they can keep track of this. In terms of the callin phone number, before i wrote my comments to you, i check with the acting director on disability about the longterm practice about having a callin phone line and she verified that it is free. It is not prescribed to any part of a domestics budget. So, it is a zero cost item and the staff there can help ethics staff with getting whatever equipment. There is typically one extra phone. I think youll find a way to plug in an extra phone here in this room or in 408 as need be. Because the i. T. Folks downstairs are pretty adept at managing Public Communications of public meetings. So, i think there need not be a problem with not having at night anymore. People can, as they sometimes do at work, do their work were buds and the ear buds may connect to some other audio information other tan their work and so suddenly when they get to item x that theyre interested in, they could pause their work, dial in and speak their peace. Free to them, free to you folks and thereby increase participation more widely by multiple media. Thank you. Thank you. This is so wonderful to see that city hall has a Government Agency like this to keep track of all the construction and of all the happenings at these commissioners meetings. I just want to bring to your attention in which i have a list of complaints that i have on a number of departments and i will submit it to you before i leave. But i want to bring to your attention one agency which is i fought hard to bring them from where they used to have their commissioners meeting, which is the San FranciscoHousing Authority commissioners. Right after the mayor had announced what they call a reenvisioning. They started the p. P. P. And they were instructed to move to city hall and to have their meetings video taped. But they had not done that until they havent even done it yet and they done been through what they call the rad. And most of the Housing Authority tenants dont have a clue right now that there is no more Housing Authority left to manage over their agencieses. They have the developers and developers hired the nonprofits. In my opinion to kick the people out. Now im going to ask, along with the other agencies that you look at San FranciscoHousing Authority and look at the oewd, look at ocii, look at the department of real estate and im going to name a few. And this is a letter that i gave to the mayor and i hope that this didnt cause him to have a heart attack because it was the first letter that i ever signed in 20 years. But i had told the city and county and the mayor particularly that we wanted to know whats going on with the addition, yoshis, where the city and county spent over 18, 19 million and never got a dime of it back. But they lit 1300. A place there that used to have a commissioner that used to work with the Small Business commissioner, manetta white on 1300. On top of that, opened up a business right across the street from where she supposed to be closed at, they call black bart. And then adjure she got another store out there at the airport. 1300. So, out in the heck and i dont care if she is black. How in the heck in the community where the city let someone thats that was a Community Person , then turn to a Small Business and had to go to that agency and have her kicked off but yet she can have a business open and oewd and ocii dont monitor them . Theres a lot of things that im going to bring to this agency. Im 63, but im willing and able to be out there and to monitor and bring you back all the wrongdoing in this city by the bay. Well be called city hall, but i call it conveniently silly hall. My name is ace and yall im on the case. [laughter] thank you. I love that. Any further Public Comments on this agenda item . Mr. Chairman . Commissioner kopp . In section four where there is a reference to the place of the meetings, i suggest that it be the city and county of San Francisco. A matter of legal sufficiency. Thank you. That is appropriate and that change will be made. Any further discussion . Well move to item number four then oh, im sorry. Oh. Im sorry. We have a motion pending to approve minutes and it has been seconded by commissioner renne. All those in favour . Aye. Ark ye. The bylaws. Approving the change in the bylaws. Do we have a motion . We have a motion. Ill make the motion that we approve the bylaw change as recommended by the staff. Just to clarify, commissioner. Im sorry. We had a motion by commissioner kopp and seconded by commissioner renne. That was on the minutes. It was adopted and commissioner rennes motion is on the proposal as amended. Oh, ok. Yeah. And so that is commissioners rennes motion s. There a second . Second. All right. Any discussion on the motion . All those in favour of the motion, say aye . Those opposed . Motion carries unanimously. Ok. The item five discussion and possible action on revised Ethics Commission enforcement regulations. Theres an attachment of december 13 and staff memorandum and attachments. Good afternoon, commissioners. Im going to stand. Im going to avail myself of the elmo projector. As you know, weve been working to revise substantially rerise the enforcement regulations that govern the processes and procedures that staff use in order to evaluate and investigate and bring to conclusion complaints alleging violations of law in the commissions jurisdiction. On page two of the staff memoranda, youll see a list of seven big changes, big picture changes that the regulations undertake. And through this process, those big picture changes havent really changed at all. So, within the structure of the enforcement regulations, delegating probable cause authority to the executive director, delegating responsibility for conducting investigations to the Deputy Director, turning the finding of probable cause into the charginging document for the purposes of hearing on the merits before this commission. Considering settlement proposals in public, combining the sunshine ordinance regulations with the Ethics Commissions enforcement regulations and codifying the waiver policy by regulation instead of by policy. That is all remains the same in this draft that you are seeing today. There is a substantial changes that were made i wouldnt say substantial, but some bigger changes made to the sunshine Ordinance Section that is different from the last time you saw this regulation this package of regulations and i want to talk about those a little bit specifically so that you are aware and thats highlighted for you. I also wanted to advise you that we received a couple of lastminute submissions for written Public Comment today. What i would like to do and is that you not vote on these regulations as a final package today to give staff additional time to evaluate those two written submissions and then well bring you back final language and final package in january. So ill leave that to you to decide. Well, for chairman, i must state that i need time to evaluate mr. Shenzs comments. Yes. As well as these other comments from the task force and i dont know the timing internally from an administrative standpoint, but i would prefer if i had those two documentses five days ago and not today. Yes. So that is what i convey to mr. Schenn and i convey to whoever represents the task force. The documents that i placed on your desk are the two that i placed to deal with and that is the reason for the delay and sending in their comments. So we dont hold that against them and happy to evaluate those comments and do a good job of reviewing and implementing them for january. But i do because mr. Young is the administrator for the sunshine Administrator Task force came today to answer any changes that you have to that section of the regulation, id like to walk you through those. On page three of the agenda packet, i discussed those changes and staffs reaction to them and i just also wanted to bring your attention to the exact provisions of the sunshine ordinance that were talking about. Ill try to see if i can get this to show up. Yeah, when im done, right . Oh. Ok. Yeah, yeah, yeah. Ok. Sorry. So it showed up. Ok. Good. So, the first is in my evaluation of the sunshine ordinance, i discovered something that apparently hadnt been discovered before and that is under section at least between the two agencies, the Ethics Commission and Sunshine Ordinance Task force itself. Under 67. 30, the Sunshine Ordinance Task force has the authority to send any referral of an order that they make to our commission for enforcement. Thats because our commission is an identified Enforcement Agency in a different section of the sunshine ordinance. So where as in the past, all the sunshine ordinance im sorry. Sorry to interrupt you. But just a comment i want to make and athink my colleagues will agree that in regard to our screens up here, for the last few meetings, every time something has been put up and were supposed to be able to see it better on our screens, the screens go crazy. Oh, no. And so whoever is in charge of the technical aspect of our screens, they should take care of that. Because we havent we havent had the benefit of our screens for the last few meetings. We just get this like 1950s tv after midnighttype stuff on it. Oh, wow with. Ok. Yes, thank you. Ill read it out loud then. So, section 67. 30 of the add pin tiff code sets forth the Sunshine Ordinance Task force and all of its authority. Everything that it is empowered to do. And sort of buried in that section, it states the task force shall make referrals to a Municipal Office with enforcement power under this ordinance or california record publics act and the brown act. Whenever it concludes that any person has violated any provisions of this or did fans or the acts. So, we are a Municipal Office with enforcement power under section 67. 35, which says any person May Institute proceedings for enforcement in end penalties before the court of comp tend jurisdiction or Ethics Commission. Because we have enforcement power, we dont have to wait for the Sunshine Ordinance Task force to decide that someone has committed official misconduct. They can send matters to us for enforcement whenever they conclude that someone has violated the law. That opens the door to a few more options for us when were considering for the commission. When its considering orders of determination send over by the Sunshine Ordinance Task force and that serves as the crux of the proposals for referle ras. Were proposing that the commission would defer to orders of determination from the Sunshine Ordinance Task force in terms of their findings of fact. That means that if the Sunshine Ordinance Task force reaches a conclusion about a factfinding or promulgates some findings of fact so that we would defer to those findings. If a respondent appears before the axising or presents a new fact or something substantially different, we might decide we want to consider that new fact in this context or we could remand it back to the Sunshine Ordinance Task force for them to consider at their level. That way went were considering what the Sunshine Task force has investigated and determined, we have a complete picture. And then the other provision that i recommend we change in addition to that option to remand is that we would review all conclusions of law di novo. We are the only commission allowed to promulgate rauls or interim the sunshine ordinance. We would still have the power to disagree with the Sunshine Ordinance Task force if, for example, they found we have cases in the pasts that they found a violation based on the understanding of the law we did not share with them. That power would not go away. This would take effect in the place of today we have the respondent come forward and complainant come forward and present their case to you all in the context of a show clause hearing. Now we consider the findings of fact to be the complete picture unless presented with something substantially new or different. Ahem. Excuse me. The other big change that youll see is i recommend givinging the complainants and respondents in those show clause hearings 10 minutes instead of five minutes. I think weve seen in the past that, for the most part, people who feel very passionate about their orders of determination and feel like five minutes is not enough time for them. The Sunshine Ordinance Task force recommended that we give them an opportunity for rebuttal. But my view is giving each side 10 minutes will be enough to get their comment out and rebuttal would be unnecessary. So with that, i would entertain any questions from you and then there are many members of the public here to address the issue. Commissioner renne . I do have a question about the findings of fact. Is that a change from how the eics commission has approached Sunshine Ordinance Task force matters . I think technically yes. But practically speaking, not really. In my experience, i have not seen this body question the fact finding of the task force. But what i have seen is that sometimes the respondent would appear before the commission but not did appear before the Sunshine Ordinance Task force at all and bring you new facts and you base your decision on the new facts and what this would do would sort of preserve the task forces role in that factfinding process, by giving you the option to remand it to them if you would like to. You would still be able to retain jurisdiction and not remand it if you didnt want to. As i the criticism that has been leveled at this commission, is that we never uphold the Sunshine Task force. And is that because we disagree with them on the law or that we disagree with them on their finding of fact . From what i have seen, its largely been either because you disagree with them on the law or because you disagree with their finding that the violation amounts to official misconduct. So, up until now, the task force has only referred cases to this body where they found they make a finding of willful violation which, opportunitier sunshine ordinance, shall be deemed official misconduct. If this commission were to agree with that finding, which is really the only thing that theyre presented with on the referral, you would be required that would trigger a requirement under a different part of the charter where you ask the mayor to start official misconduct proceedings. From my view, this commission has been unwilling to do that for the most part. What this new set of, regulations does is give you enforcement finding short of official misconduct and recognizes that the sunshine ordinance has the ability to refer cases to you short of a findinging of official misconduct. So, youll start to get referrals from the Sunshine Ordinance Task force with regular findings and regular requests for en