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San Francisco Ethics Commission grants Dan Bernal waiver to join UCSF, 4‑0
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Summary
After hours of public testimony and a staff recommendation against finding "extreme hardship," the Ethics Commission voted unanimously to grant Health Commission President Dan Bernal a narrow waiver to accept a vice chancellor job at UCSF, requiring his resignation from the Health Commission and a one‑year no‑contact condition.
The San Francisco Ethics Commission unanimously approved a waiver on Oct. 13 allowing Health Commission President Dan Bernal to accept an offer as Vice Chancellor for Community and Government Relations at the University of California, San Francisco.
Chair Lynn Lee moved to grant the waiver with two conditions: Bernal must resign from the Health Commission and avoid contact with any members of the Department of Public Health or the Health Commission for one year. The motion passed 4‑0, with Commissioners Flores Fang, Vice Chair Finliffe, Chair Lee and Commissioner Salahi voting in favor.
The decision came after staff recommended against finding an "extreme hardship," which the Campaign and Governmental Conduct Code (section 3.234) requires for a waiver. Staff told the Commission that Bernal participated in six votes over the past year that approved nine UCSF‑related contracts with a combined value exceeding $75 million and that past waivers had involved smaller dollar amounts and more limited involvement.
Bernal told the Commission he supported the ethics rules and described his participation in those Health Commission votes as limited, characterizing the contract approvals as unanimous voice votes on consent calendar items that involved no RFP drafting, bid review or negotiation. "The UCSF Vice Chancellor position is a once in a lifetime opportunity for me to continue working in the public sector at a high wage," Bernal said, arguing that denial would cause "extreme hardship" financially, professionally and personally.
Dr. Grant Colfax, director of the Department of Public Health, and multiple community leaders and elected officials—including a representative from UCSF and Supervisors who submitted letters—urged the Commission to approve the waiver. Colfax said Bernal is "uniquely qualified" for the role and stressed the importance of strong UCSF‑DPH relations for city health services.
Commissioners who supported the waiver emphasized three factors in their deliberations: evidence of Bernal’s financial hardship, the apparent lack of comparable job opportunities at his experience level in the local market, and the limited, largely advisory role the Health Commission played in the specific contracts cited by staff. "We evaluate the facts and circumstances in light of the purpose and requirements of the rules and uphold the importance of the public trust," one commissioner said during deliberations while explaining support for narrow, protective conditions.
Staff noted the Commission’s authority to grant waivers narrowly; the waiver approved applies only to the specific UCSF role and includes the two conditions motioned on the record. The Commission’s action does not waive other statutory restrictions beyond what was requested and approved.
What happens next: Bernal must follow the conditions stated by the Commission before assuming the UCSF position. The Ethics Commission record shows the vote was unanimous and the waiver limited to this specific employment at UCSF.
(Reporting note: Direct quotes and attributions come from statements made at the Oct. 13, 2023 Ethics Commission meeting.)
