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Public and open-government advocates press Ethics Commission on enforcement, closed-session transparency
Summary
Public commenters accused the commission of inaction on Sunshine Ordinance referrals and criticized vague closed-session notices; commissioners voted to enter closed session on anticipated litigation and later voted not to disclose deliberations.
Several public commenters used the Ethics Commission meeting to criticize the agency's handling of Sunshine Ordinance referrals and the lack of transparency around closed sessions.
Ray Hartz (director of San Francisco Open Government) repeatedly told commissioners that many Sunshine Task Force referrals and orders of determination have not been enforced and that staff routinely dismisses referrals without full hearings. Hartz cited specific case numbers and said the commission’s inaction gives the appearance of siding with city agencies rather than complainants.
Other commenters—including Alan Grossman and Ray Howard Spector—asked the commission to follow up on a referral the commission previously recommended to the mayor regarding Jewel Gomez and to seek a response from Mayor Edwin Lee about actions taken. Charles Marcello urged the commission to obtain a City Attorney opinion on the legal requirements for amending voter-passed initiatives under the CFRA before pursuing certain changes.
On a separate agenda item, commissioners voted to go into closed session under Charter Section C3.699-13 to discuss anticipated litigation as plaintiff. Multiple public speakers criticized the closed-session agenda item for lacking a meaningful description (asking "litigation about what? against whom?") and urged clearer agenda language so the public can determine whether closed session is appropriate. The commission entered closed session; when it returned the chair moved that it is in the public interest not to disclose closed-session deliberations, the motion carried by voice vote.
Minutes and public-comment summaries were also a flashpoint. Several speakers and Ray Hartz complained that 150-word public-comment summaries submitted for the record are not consistently included in minutes, and urged that submitted summaries be appended or incorporated into official minutes so the public record reflects commenters’ words.
What happens next: Commissioners asked staff about follow-up options; several asked to add an agenda item requesting the mayor’s response to prior referrals and to schedule consideration of whether the commission should pursue further action regarding the Jewel Gomez referral. Staff said draft minutes are available on request and that further procedural follow-up will be discussed at future meetings.
Sources: Public comment and votes recorded during the Ethics Commission meeting.
