San Francisco Ethics Commission re-elects officers, adopts two confidential settlements after heated public criticism

The San Francisco Ethics Commission at its February meeting elected Commissioner Ben (recorded in the transcript as 'Ben Herr'/'Ben Hur') as chair and reappointed Commissioner Rennie as vice chair, agreed to recuse one commissioner from a pending litigation discussion and later disclosed it had adopted two settlement agreements after meeting in closed session.

The meeting opened with public comment from Ray Hartz, who identified himself as director of San Francisco Open Government and presented a list he said contained "16 orders of determination issued by the Sunshine Ordinance Task Force" that he had filed. Hartz told the commission, "That's 16 out of 21 cases that I have won, a success rate of 76 percent," and said none of those determinations had been enforced: "0, not 1." He also accused the commission of prioritizing protection of city employees and appointees over citizens and raised allegations about former library leadership and a whistleblower case.

Nominations for officers followed. Vice Chair Rennie placed Commissioner Ben (as recorded) in nomination for chair; the nomination proceeded and the commission voted in favor on a unanimous voice vote. The body then nominated and reappointed Commissioner Rennie to a second term as vice chair by unanimous vote.

The commission discussed a litigation-related agenda item that required attorney‑client privilege protections. Commissioner Hur moved to recuse himself from that matter, saying a law partner of his represented one of the parties. The commission voted unanimously to allow the recusal and the commissioner left the chamber.

Staff, including Mister St. Croix, and the city attorney’s representatives explained that two matters had been negotiated in the context of settlement discussions and that legal privilege required a closed session. The commission voted to convene in closed session to consult with counsel. When the body returned to open session, staff announced that the commission had adopted both proposed settlement agreements discussed during the closed session and would keep other matters discussed confidential; the announcement and a motion to disclose that the agreements were adopted passed unanimously on the record.

Other business at the meeting included approval of corrected minutes from a prior meeting after commissioners agreed to review recorded tapes for verbatim fixes, and an executive director’s report that noted minor typographical corrections and described limits on the commission’s enforcement authority over Form 700 (Statements of Economic Interest), with referral of some matters to state authorities. Commissioners discussed trends in lobbyist registration and timing of filings after local ordinance changes.

A motion by Commissioner King asked that a future agenda include a recommendation to the Public Utilities Commission (PUC) concerning Juliet Ellis; commissioners noted the item is for future discussion and cannot be voted on at this meeting. Hartz returned during the later public-comment period to reiterate criticisms about the commission’s handling of Sunshine referrals, the Derek Kerr whistleblower matter and alleged irregularities in filings by a former library official.

The meeting concluded with a motion to adjourn that passed by voice vote.

What happened next: the commission adopted two confidential settlement agreements (as announced on the record) and will consider a potential PUC recommendation on Juliet Ellis at a future meeting. Several large claims made by a public commenter about enforcement and withheld public records were presented to commissioners but not resolved on the public record; the record shows those remain allegations by the commenter rather than formal findings by the commission.