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Ethics Commission grants narrow waiver so architect Yaku Askew can serve on Arts Commission

San Francisco Ethics Commission ยท July 10, 2020
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Summary

The Ethics Commission unanimously approved a limited waiver allowing architect Yaku Askew to serve on the Arts Commission while continuing specified client advocacy for his firm's clients before certain city bodies; staff recommended the waiver be narrowly tailored and require recusals when conflicts arise.

The Ethics Commission unanimously granted a narrowly tailored waiver allowing architect Yaku Askew to serve on the Arts Commission while continuing limited paid advocacy for clients of his firm before a defined set of city bodies.

What was asked: The mayor's office sought a waiver of the commission's rule against compensated advocacy for commissioners so that Mr. Askew, a small-firm practitioner whose practice occasionally requires appearances before city boards and commissions, could be appointed without giving up paid work that is critical to his firm's livelihood. Mayor's staff argued the seat is statutorily required to be filled by an architect and the pool of suitable candidates would be constrained without a limited waiver.

Staff recommendation and limits: Staff counsel recommended granting a waiver only for advocacy that involved clients of Mr. Askew's firm and only before a short list of commissions and offices identified in the staff memo. The recommendation stressed tailored limits and that Mr. Askew must recuse on matters where there is a direct conflict.

Commission action: The commission voted 5-0 to grant the waiver with the narrow limitations recommended by staff. Commissioners emphasized that the waiver is not a general exemption to conflict-of-interest rules; Mr. Askew must recuse from any Arts Commission matter that would have a direct, material effect on his clients or firm.

Public reaction: Public commenters were mixed: some urged caution about any waiver in a climate of ongoing procurement investigations, while others who know Mr. Askew professionally supported his appointment and highlighted his community work and affordable-housing projects.

Next steps: With the waiver approved, Mr. Askew is eligible for appointment to the Arts Commission; the Ethics Commission will post the waiver and the staff memo describing the scope of permitted compensated advocacy and the recusal rules.