Ethics commission declines to find willful Sunshine violation in dispute over 150‑word public‑comment summaries

The San Francisco Ethics Commission on Dec. 5 considered a complaint by Ray Hartz, director of San Francisco Open Government, alleging that Library City Librarian Luis Herrera and the Library Commission improperly kept citizen‑submitted 150‑word public comment summaries out of the body of the official minutes.

Hartz told the commission the Sunshine Ordinance Task Force had repeatedly interpreted the ordinance to mean that such summaries belong “in the body of the minutes” and argued the library had, for years, marginalized public comments by placing summaries in addenda or hard‑to‑find appendices. “Willful ignorance of what one ought to know is a mortal sin,” Hartz told commissioners as he reviewed Task Force orders he said supported his reading of Section 67.16.

Herrera, the City Librarian, responded that the Library Commission had followed the city attorney’s guidance and the city’s Good Government guide in treating submitted 150‑word statements as part of a paginated minutes document and that the summaries were included as addenda that accompanied the minutes. Herrera said the commission now plans to incorporate similar modifications into the minutes going forward and asked the Ethics Commission to follow staff recommendations and decline to find a violation.

During a lengthy public‑comment period residents, longtime activists and experts urged the Ethics Commission to require that citizen summaries be published verbatim in the chronological body of minutes so readers see a speaker’s statement in context rather than tucked into a separate appendix. Speakers cited the text of the Sunshine Ordinance, the commission’s prior practice, and ballot measure Prop. 59 as reasons to favor inclusion in‑line rather than as attachments.

Commission discussion focused on two issues: whether paginated addenda satisfy the ordinance’s requirement that a summary be “included in the minutes,” and whether the written opinions of the city attorney can be weighed against Task Force determinations. Commissioners noted ambiguity in the ordinance’s language and that, historically, departments and commissions had followed differing practices. The panel said it was troubled by inconsistent treatment of speakers but concluded the record did not support a finding of willful misconduct by the City Librarian.

A motion to find no willful violation of the Sunshine Ordinance as to agenda item 3A passed by voice vote. The commission asked staff to send a letter to the Library Commission urging consistent, transparent practice and to consider whether clarifying guidance from the city attorney or legislative action is needed.

The Ethics Commission’s decision does not vacate the Task Force determinations but reflects the commission’s view about the evidence and legal ambiguity presented at the hearing; the Library Commission told the Ethics panel it will adopt minute formats that bring the summaries into the body of the minutes going forward.