San Francisco  The San Francisco Ethics Commission on Jan. 9 approved, by a 3–1 vote, staff-recommended changes to local behested-payment rules that would allow the Board of Supervisors to grant limited waivers letting supervisors solicit donations on behalf of charities or third parties. The commission added a staff-supported reporting requirement and a three-year sunset specifically for the section that would allow the board to grant waivers for its own members.

The measure addresses an exception created after Proposition E and the 2021 ordinance that expanded the city's ban on solicitations from "interested parties"; under the proposed amendment, any waiver issued to a supervisor would require a public report within 60 days after the waiver expires identifying donors, donation amounts, recipients and the interested-party relationship. Staff told the commission the report-back requirement was intended to make after-the-fact solicitations visible to the public and to support monitoring and enforcement.

The change was introduced by policy staff (Michael Canning) and described in the meeting memo as a response to questions about whether the Board of Supervisors should be able to seek waivers that other city officers already can seek. Staff recommended approval, noting the amendment would make solicitation details part of the public record. If the commission's approval stands, the ordinance will return to the Board of Supervisors where it would require a two-thirds vote to become law.

Opponents in the packed public-comment period said the amendment resurrects a pay-to-play loophole that Proposition E, approved by voters in 2022, was intended to close. "Waivers to the ban on behested payments introduce loopholes for the resurgence of pay to play graft and corruption," said Carla Kinkade Yoshikawa, who identified herself as a Sunset District resident and volunteer with the California Clean Money Campaign. Caller David Schmidt, a volunteer with the same group, told commissioners that "voters voted 70% to put this prohibition on solicitation of behested payments" and urged them to reject the ordinance.

Staff and some supervisors said the current rule has produced uncertainty that may prevent elected officials from offering fundraising help to small local nonprofits. A supervisor who said they represent District 8 described examples in which local organizations that serve LGBTQ residents and others might benefit from supervisor-led outreach; that speaker said the public reporting would ensure transparency for any solicitations that do occur.

Commissioners pressed staff on timing and enforcement details. Policy staff and enforcement staff explained the proposed report would be due within 60 days after a waiver's expiration, which, if the waiver lasted the full six months allowed under existing code, could mean reporting on solicitations would appear in the public record as much as eight months after a first donation or solicitation. Staff said the later deadline was designed to produce a single holistic report per waiver rather than multiple filings for each payment; they also said the commission could monitor reports and incorporate them into proactive enforcement cycles.

Given public concern about potential influence, one commissioner moved to adopt the ordinance only with a three-year sunset provision that would cause the supervisors' waiver authority to expire automatically unless reauthorized. That motion was seconded and carried 3–1, with Commissioner Yeh voting no.

The commission's approval sends the amended ordinance back to the Board of Supervisors; because the change would alter the chapter approved by voters via Proposition E, the board would need a two-thirds vote to enact the amendment. The commission did not set an implementation date; staff said they will work with the president's office and the city attorney's office as the measure moves forward.