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Ethics Commission deadlocks on bid to secure independent legal counsel
Summary
The Ethics Commission debated staff recommendations that would give the commission independent legal counsel to avoid potential structural conflicts with the City Attorney’s Office; a motion to request a charter amendment failed in a 2–2 tie. Staff had proposed three options ranging from ethical screens to a charter change.
The San Francisco Ethics Commission debated whether to seek independent legal counsel for the agency and failed to adopt a recommendation to ask the Board of Supervisors for a charter amendment.
At a meeting May 22, staff attorney Jeff Pierce told commissioners that their legal research identified a potential structural conflict when the City Attorney’s Office simultaneously advises city officials and the commission’s enforcement staff. Pierce outlined three options: strengthen ethical screens; hire independent counsel for staff (contracted or in-house); or secure independent commission counsel through a charter amendment and reassign some duties currently handled by the City Attorney’s Office. "If the commissioners agree we are operating in a field not only of actual, but potential conflicts, we have to ask ourselves as a matter of policy what's our tolerance for the risk of those potential conflicts," Pierce said.
Deputy City Attorney Andrew Shen disputed the conclusion. Shen told the commission the city attorney’s office "does not believe it has any, quote, unquote, structural conflict of interest" and cautioned that separating litigation from advisory functions could undermine consistent legal advice across city agencies. "Those are policy disagreements and checks and balances that are a fundamental part of government," Shen said.
Commissioner Kopp moved that the commission ask the Board of Supervisors to amend the charter to create independent legal counsel for the Ethics Commission (staff option three). The motion was seconded and put to roll call. Chair Keane and Commissioner Copp voted yes; Vice Chair Chu and Commissioner Rennie voted no. The motion failed 2–2 for lack of a majority.
Public commenters and advocacy groups weighed in. Larry Bush of Friends of Ethics urged an independent counsel and cited donations by city attorney staff to local candidates as a reason for separate representation. Hilda Garfullo and other speakers drew parallels to grand juries and other independent bodies.
The commission did not adopt a new policy at the meeting; members agreed the matter should remain on the agenda for further discussion and that staff should continue to refine proposals, including narrower ethical screens and staffing crosswalks that might reduce perceived conflicts.
