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Ethics Commission approves amended Department of Public Works statement of incompatible activities
Summary
The Ethics Commission approved amendments to the Department of Public Works' Statement of Incompatible Activities, including narrowing certain restrictions to employees required to file Form 700 and adding language clarifying culturally and linguistically competent assistance is permitted if provided impartially.
The San Francisco Ethics Commission on March 16 approved amendments to the Department of Public Works’ (DPW) Statement of Incompatible Activities (SIA), adopting language intended to align DPW’s SIA with provisions already used by the Department of Building Inspection and Planning and to narrow some restrictions to employees who must file a Form 700.
David Steinberg, executive assistant to the DPW director, told commissioners the changes update the department mission statement and move several restrictions so they apply only to officers or employees who are required to file a Form 700. He said the department notified unions as required and that two unions raised concerns; after meet-and-confer discussions, the department and the unions agreed that shifting the restrictions to positions that file Form 700 removed the unions’ objections.
Commissioner Lee pressed staff for clarifications about using nonpublic information and whether ‘selective assistance’ would prevent departments from offering language services or targeted briefings for prospective bidders. Steinberg and staff said the draft was not meant to bar linguistically or culturally competent assistance that is provided impartially, and the commission read revised language into the record to clarify that "such assistance, such as linguistically and culturally competent services, is provided on an impartial basis to all applicants who request it." Attorney Shannon also noted that using information obtained through a public position is already prohibited by the code (section 3.228), and the proposed language provides clarifying scope for DPW.
Commissioner Lee moved to approve the amendments as proposed by DPW and amended at the podium; a second was recorded and the commission voted to approve the changes.
The action updates DPW policy language and narrows the pool of employees subject to some restrictions to those already required to file financial disclosures (Form 700). Staff indicated the modifications followed standard SIA language used across comparable departments and that the meet-and-confer process with unions had been completed.
