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Ethics Commission approves focused review of conflict-of-interest rules after corruption probes

San Francisco Ethics Commission · September 11, 2020
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Summary

The San Francisco Ethics Commission on Sept. 11 approved a policy-prioritization plan directing staff to conduct a year-long review of conflict-of-interest rules — targeting gifts, travel exceptions, statements of incompatible activities and post-employment restrictions — with an interim report in November and a full review later this year.

The San Francisco Ethics Commission unanimously approved a policy-prioritization plan on Sept. 11 that directs staff to launch a focused review of the city’s conflict-of-interest rules in response to recent criminal investigations and reports.

Pat Ford, the commission’s senior policy counsel, said the project will examine gift rules (including travel), exceptions for restricted sources, the complexity of existing requirements and the statements of incompatible activities that apply to some city officials. "We would want to closely look at those exceptions and see if they still look appropriate in light of what we're learning right now," Ford said during the meeting.

Commissioners pressed staff for a timetable and deliverables. The commission adopted a motion to proceed for the next two months, with an interim staff report due in November and a full review revisited in December. Commissioner Busch, who moved the motion, emphasized the need for concrete short-term deliverables and suggested using advisory groups or outside expertise to accelerate the research.

Commissioner Chu urged that staff explore whether mandatory, recurring ethics training can be expanded. "It's important and critical to have strong laws and regulations on the books, but in the absence of training ... the laws are not nearly as effective," Chu said.

Executive Director Deborah Pelham told commissioners the review will be resource-intensive and will involve engagement with enforcement and compliance staff as well as outside stakeholders. Pelham also noted that the commission has funding to hire an additional policy analyst effective Jan. 1 and that staff will coordinate outreach and stakeholder meetings as the project begins.

The commission identified the Budget and Legislative Analyst's Office report and ongoing FBI, Controller and City Attorney investigations as important sources of evidence to guide the review. Commissioners suggested the review consider disclosure of travel and travel-related spending, whether SIAs should be codified in the main ethics code, and post-employment "revolving door" restrictions.

Next steps: staff will begin research and stakeholder engagement, provide an interim update in November, and return with recommendations for the commission to consider in December. The commission reserved the right to change priorities after the interim report.