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Rules Committee advances pension‑forfeiture charter draft for further meet‑and‑confer work

San Francisco Board of Supervisors Rules Committee · June 29, 2022
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Summary

The committee heard a charter draft that would allow administrative forfeiture of employer pension contributions when clear and convincing evidence shows an employee committed a crime involving moral turpitude tied to duties; authors said the measure is a deterrent, unions sought additional definitions and limits, and the item was continued to allow further meet‑and‑confer edits.

Chair Peskin introduced a charter amendment that would permit, after an administrative hearing and a clear‑and‑convincing finding of crimes involving moral turpitude in connection with city duties, the forfeiture (in part) of the City’s contributions to a member’s pension for the period tied to the misconduct. The sponsor described the measure as a tool short of criminal conviction to deter corruption at senior levels and explained the proposal includes a high evidentiary standard and limits the forfeiture to the period when misconduct occurred.

Human Resources Director Artis Graham and staff said the City has been engaged in multiple meet‑and‑confer sessions with unions and that draft amendments circulated would narrow the scope of offenses covered and limit employer contribution rescission to the period tied to misconduct; the authors noted they remain open to adjustments through bargaining. Controller Janice Levy provided a fiscal note that the amendment would likely result in minimal savings to the city, depending on the frequency and amount of forfeitures.

Public comment included one speaker who urged consolidation of administrative hearing language into a general provision; the committee agreed to continue the item for additional meet‑and‑confer work and editorial refinement. The item was continued to July 6 for further drafting.