Committee advances ordinance requiring commissioners to report certain behested payments

The Government Audit and Oversight Committee advanced an ordinance amending the campaign and government conduct code to require members of city boards and commissions to file behested-payment reports related to solicitation of charitable contributions. The committee agreed to forward the ordinance to the full Board with a recommendation for a hearing.

Chair Aaron Peskin said the item was the committee's third discussion of the measure and emphasized that education and compliance must precede enforcement: "education and compliance are our top priorities," he said, adding that enforcement by the Ethics Commission must be "consistent, thorough, and above all, fair." Peskin said he consulted Ms. Pelham, the ethics department executive director, about enforcement and that the office agreed education should come first.

Committee discussion reflected concerns raised previously by some commissioners, including members of the San Francisco Arts Commission. A supervisor identified in the transcript as "Supervisor Bridal" asked whether the chair had been in contact with Tom DeCaney, director of the San Francisco Arts Commission, about the changes; Peskin said staff outreach had been thorough and that the ordinance's scope had been narrowed so that commissioners must report only behested payments from people or entities that have business in the commissioner's subject-matter area.

Public comment from Charlie Marsteller, who said he has followed ethics matters for decades, supported the ordinance and framed enforcement as protective: "The concept for enforcement is generally that it is a matter of the law as a shield and not as a sword," Marsteller said, describing ethics as a "quasi-judicial enforcement authority." Following discussion and public comment, a supervisor moved to send the ordinance to the Board with the committee's recommendation; the clerk clarified that 'referred' meant 'recommended.'