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Commission hears enforcement backlog and staffing concerns; whistleblower protections now in effect

San Francisco Ethics Commission · January 18, 2019
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Summary

Staff reported enforcement caseloads (92 preliminary-review matters, 88 investigations), small enforcement staffing, and that recently amended whistleblower protections are in effect; commissioners requested follow-up on workload and possible impacts of the ordinance changes.

Commission staff reported on enforcement operations, staffing and a recently amended whistleblower protection ordinance that the commission said is already in effect.

Enforcement staff told commissioners they have 92 matters in preliminary review and 88 matters under investigation with a small enforcement team (three investigators plus the enforcement director). "We have fewer matters in preliminary review than a month ago but substantially more than a year ago," the enforcement director said, describing an average preliminary-review age of just over six months and noting bottlenecks that include necessary supervisory review. The report cited an uptick in campaign-finance complaints around election season and explained that some complaints sit idle until investigators can work through older matters.

Staff explained the whistleblower ordinance amendments expand protections to city contractors and clarify protected activity, which may increase the number of complaints and add to enforcement workload. The commission also heard that the Bureau of Delinquent Revenue has pursued skip-tracing to locate respondents and assets in cases where respondents have vacated addresses.

In the executive director's report, staff noted progress on hiring (oral interviews underway) and flagged mayoral budget guidance asking departments to prepare for possible cuts (roughly $84,000 in year one and $167,000 in year two under illustrative scenarios). Commissioners warned that across-the-board cuts could undermine hiring plans and the commission's ability to implement recently passed laws.

Commissioners asked staff to return with more detail on hiring status and to monitor enforcement workloads now that the whistleblower changes are in effect.