Committee weighs board code‑of‑conduct changes after ACLU First Amendment letter

A committee meeting of the San Francisco Board of Supervisors considered proposed revisions to the board’s code of conduct on whether and how the board may admonish or sanction its members, after the ACLU sent a letter saying the policy could run afoul of the First Amendment.

An unnamed supervisor presenting the item said the draft incorporates comments from colleagues and was meant as a procedural roadmap for when the board finds it prudent to admonish, sanction or censure a member. The presenter said the policy is not intended to prevent passionate speech at board meetings and that one change replaces the word "fiduciary" with "fiscal" in the section referencing committees.

Deputy City Attorney Cheryl Adams told the committee that separating the First Amendment carve‑out from the sanctions language — and explicitly listing admonition and sanctions — "strikes a balance" and, on its face, would be likely to withstand a legal challenge. "This is in no way intended to be a censure or any other type of punishment for someone exercising their First Amendment rights," Adams said.

During public comment, members of the public urged civility and transparency. James Chaffee cited political theorist Hannah Arendt and framed the issue as protecting a reasonable right to be heard as well as the right to speak.

After brief discussion, committee members agreed to forward the proposed conduct policy to the full Board of Supervisors "without recommendation" so that the larger body can continue deliberations.

The committee did not take a final vote on adoption; the policy will next appear on the full Board agenda for further consideration.