Ethics panel finds no Sunshine Ordinance violation by City Librarian; urges review of AV accommodations

The San Francisco Ethics Commission voted to find that City Librarian Luis Herrera did not commit a non-willful violation of the Sunshine Ordinance for the library's policy of not allowing members of the public to use the library's audiovisual equipment during public comment.

Herrera told the commission the Library Commission had considered the issue, sought the City Attorney's advice and, on a 6–0 vote in August, decided not to allow public use of audiovisual (AV) equipment because providing reliable AV access would require significant expenditures and technical and ADA modifications. He said the Library Commission's choice not to expend the resources was a policy decision and therefore did not, in his view, amount to a violation of Administrative Code section 67.15.

Commissioners pressed Herrera on alternatives and constitutional questions. Commissioner Keane argued that allowing invited presenters to use AV equipment while denying it to members of the public could amount to content-based or subject-matter discrimination in a public forum, a potential First Amendment problem. Commissioner Andrews and others asked staff what lower-cost options had been explored.

Roberto Lombardi, the library's facilities director, explained that the audiovisual gear is hardwired to the dais and that making the podium or auditorium accessible for public-laptop hookups could trigger ADA work and substantial reconfiguration; he said a preliminary estimate for a full, reliable retrofit started around $40,000 and could rise after technical analysis.

The commission moved — in a motion that was seconded — to find that Mr. Herrera had met his burden that no violation occurred; Commissioner Han recused herself from the vote and the motion passed by a reported tally of 3–1 (with one recusal). Commissioners and members of the public urged the librarian and staff to revisit lower-cost or interim fixes (for example, an overhead projector, battery-powered equipment or a managed wireless solution) to make public comment more accessible without compromising ADA compliance or reliability.

What happens next: The Ethics Commission recorded a formal finding in favor of Mr. Herrera on this referral but urged the Library to research and report back about feasible accommodations to increase public access to AV materials during public comment.