San Francisco's Ethics Commission:

Conclusions 8

• CL1
  Having the Ethics Commission staff establish the fine and then enter into negotiations could be viewed as lacking a strong and effective operating system that could lead to questions of fairness and transparency.
• CL2
  The failure of the Ethics Commission to enforce Sunshine Ordinance Task Force actions weakens the goal of open government and reduces the effectiveness of the Sunshine Ordinance.
• CL3
  Waiting for the District Attorney or City Attorney to inform the Ethics Commission that they are not going to pursue a case causes unnecessary delays.
• CL4
  Currently commissioners are appointed by elected officials. In turn, the staff and commissioners scrutinize campaign expenditures and activities of those same elected officials. The Civil Grand Jury feels this leads to the appearance of impropriety.
• CL5
  The Ethics Commissioners have relinquished their authority to the Executive Director concerning items recommended for dismissal.
• CL6
  The Ethics Commission staff does not appear to have a proper database to track issues efficiently.
• CL7
  In the context of open government, providing audio recordings of the Commission meetings does not provide enough transparency.
• CL8
  The Ethics Commission was established to provide a valuable service to the residents of San Francisco and is intended to be an independent watchdog. The issues where the Jury found items that should be improved are: (cid:131) Setting fines (cid:131) The excessive influence of the Executive Director (cid:131) The Commissioners’ abdication of oversight responsibilities (cid:131) The membership of the Commission, and (cid:131) Broadcasting Commission meetings. This report is not meant to be a definitive report on the Ethics Commission. We will leave that investigation to a future Jury. METHOD OF INVESTIGATION The Civil Grand Jury interviewed members of the Ethics Commission staff, members of the Ethics Commission, and members of the community with experience in governmental ethics. While we asked to speak with all members of the Ethics Commission, only two volunteered to be interviewed. The jury also reviewed the Ethics Commission enforcement summaries, procedures and web site. ___________________________________________________________________________ 8 SAN FRANCISCO ETHICS COMMISSION FINDINGS AND RECOMMENDATIONS Finding 1 Having the Ethics Commission staff establish the fine and then enter into negotiations could be viewed as lacking a strong and effective operating system that could lead to questions of fairness and transparency. Recommendation 1.1 The Ethics Commissioners should establish a fixed fine structure for violations or apply the maximum allowed fine. Recommendation 1.2 If the respondent disagrees with the fine a request may be made for a public hearing. This will allow the commissioners to exercise discretion over the fines process. Finding 2 The failure of the Ethics Commission to enforce Sunshine Ordinance Task Force actions weakens the goal of open government and reduces the effectiveness of the Sunshine Ordinance. Recommendation 2 All Sunshine Ordinance Task Force enforcement actions deserve a timely hearing by the Ethics Commission. Finding 3 Waiting for the District Attorney or City Attorney to inform the Ethics Commission that they are not going to pursue a case causes unnecessary delays. Recommendation 3 After the 14‐day window, Ethics Commission investigations should start. Finding 4 Currently commissioners are appointed by elected officials. In turn, the staff and commissioners scrutinize campaign expenditures and activities of those same elected officials. The Civil Grand Jury feels this leads to the appearance of impropriety. Recommendation 4 The City Charter should be changed to add four additional commission members appointed by ___________________________________________________________________________ 9 SAN FRANCISCO ETHICS COMMISSION non‐partisan community organizations and individuals such as: The League of Women Voters, Society of Professional Journalists, The San Francisco Labor Council, The Bar Association of San Francisco, and the Dean of UC Hastings Law School. Finding 5 The Ethics Commissioners have relinquished their authority to the Executive Director concerning items recommended for dismissal. Recommendation 5 The commissioners should amend section VI. A in the Ethics Commission Regulations For Investigations and Enforcement Proceedings to require review and a vote on investigations recommended for dismissal. Finding 6 The Ethics Commission staff does not appear to have a proper database to track issues efficiently. Recommendation 6 The Ethics Commission staff should create or modify their database to increase search and tracking capabilities. Finding 7 In the context of open government, providing audio recordings of the Commission meetings does not provide enough transparency. Recommendation 7 To maximize transparency, the San Francisco Ethics Commission should broadcast their meetings on the SFGOVTV television network. ___________________________________________________________________________ 10 SAN FRANCISCO ETHICS COMMISSION