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Ethics Commission grants limited compensated-advocacy waiver to Historic Preservation commissioner
Summary
The San Francisco Ethics Commission on Jan. 17 unanimously approved a narrowly framed waiver allowing Historic Preservation Commissioner Hans Baldauff to engage in compensated communications in limited circumstances for his firm, citing the seat's professional eligibility requirements and the narrow scope of the request.
The San Francisco Ethics Commission unanimously approved a limited waiver on Jan. 17 allowing Hans Baldauff, who holds seat 2 on the Historic Preservation Commission, to make narrowly defined compensated communications on behalf of his firm.
The commission voted 3-0 to adopt staff's recommendation to grant the waiver as written in the staff memo. The waiver is limited to the specific departments and entities listed in Baldauff's request, may be used only when other qualified members of his firm are not reasonably available to make the communication, and applies only to communications made on behalf of BCV Architecture + Interiors or its clients.
The request arises under Section 3.224(a) of the Campaigning and Governmental Conduct Code, which generally prohibits city officers from receiving compensation to communicate with other city officers with intent to influence government decisions. Staff explained that the Ethics Commission may waive that prohibition for positions that, by law, must be filled by persons with particular professional qualifications. Baldauff occupies seat 2 on the Historic Preservation Commission, a seat that the mayor's office has said is difficult to fill because it must be held by a licensed architect meeting historic-architecture standards.
In his remarks Baldauff said he sought the waiver —out of an abundance of caution— and would delegate communications whenever possible, but that narrow, on-the-spot situations can arise in the practice of architecture that make such a waiver practical. Staff noted that the mayor's office has previously sought waivers for historic-preservation seats and that a 2019 waiver had been granted for a similar position.
Chair Finlow moved adoption of the staff recommendation and Commissioner Francois seconded. After confirming the motion tracked the written staff recommendation on the record, the commission voted in the affirmative.
The waiver decision and the staff memo will be included in the commission's official meeting file.
