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Whistleblower ordinance: Ethics staff and Supervisor Breed signal continued work; Commission defers final action to March
Summary
Staff briefed the Ethics Commission on a revised whistleblower protection ordinance and said Supervisor London Breed has indicated interest in reintroducing the ordinance at the Board of Supervisors; commissioners withdrew a motion to put it on the June ballot and agreed to revisit the measure at their March meeting for further analysis and coordination.
The Ethics Commission received an update on Feb. 16 about a proposed San Francisco whistleblower protection ordinance and agreed to defer final action to its March meeting.
Staff presented three document formats: a ballot‑measure version (Attachment 1), a red‑line copy and a version suitable for Board consideration. The commission’s staff said the bargaining (meet‑and‑confer) process concluded with a minor drafting change: removal of a requirement that supervisors use a specific form when referring retaliation complaints. Staff noted that Supervisor London Breed’s office expressed interest in reintroducing the ordinance to the Board of Supervisors.
Commissioner discussion focused on scope and textual alignment with recent state law changes. Commissioners asked staff to review recent state legislation (AB 403) and report back on whether local language should mirror state phrasing such as “interference with” or “retaliation for protected disclosures.” After discussion, Commissioner Rennie withdrew a motion to place the measure on the June ballot and asked staff to return with analysis and recommended language in March. The staff said that postponing the action would likely move any ballot timing to later in the year and allow additional coordination with the Board’s sponsor.
Next steps: staff will provide a targeted legal comparison against recent state whistleblower statutes and return the ordinance to the commission in March for further action or ballot consideration.
