i think the move is appropriate. i think it is commendatory. i think the mayor made a good choice in moving rodney to the planning department, planning commission. so i am happy and excited to support this nomination and would like to make a motion to move this forward with recommendations. supervisor campos: thank you, supervisor alioto-pier. thank you again to the people who have spoken out about this. i have always said i am always impressed with commissioner fong. i certainly was impressed with him when he came before us with respect to the port commission, and pressed as well today. i still have a question on whether or not this is the right fit, i have concerns about what happens to the port. with that in mind, i also know that for purposes of this meeting today, nothing can get out of committee unless we have two votes, so maybe the thing to do, if it is alright with you,

supervisor alioto-pier, so that this item goes to the full board, if we send both items 5 and 6 forward without recommendation at this point, so that there is a vote at the board of supervisors. supervisor alioto-pier: i think getting this out of committee is extremely important, particularly because the planning commission is down a spot. we need to make sure the city is functioning properly as well. let me also make another suggestion, which is we can move item 5 out without recommendation and table item 6 so that they are both at the board. supervisor campos: my preference is to do five and six. i am open to the nomination. i am happy to vote for moving forward these items. again, i am still open to this nomination. supervisor alioto-pier: i will

support it, but typically, because we are the committee and we are supposed to do the job of the committee which is supposed to pass out a decision of some sort and not take what is printed in our agenda and move it to another agenda -- it is not something that i am particularly fond of doing, but i will defer to you as the chair of the committee. supervisor campos: thank you. >> supervisor, would you like to send both items to be full board? supervisor campos: yes, please. without objection. now we are going to take a quick five-minute break and we will resume after that. resume after that.

supervisor campos: we are back, my apologies. please call item seven. >> item 7. motion confirming the appointment of f.x. crowley to the port commission, term ending may 1, 2014. supervisor campos: thank you. commissioner crowley. good morning, welcome to the rules committee. >> thank you, chairman campos, it has been great to work with

you, supervisor michaele alioto- pier. we are going to miss you. on my way back yesterday, i tried to write down a couple of things because i do not tend to be the best extemporaneous thinker. good morning, i am f.x. crowley, a native son of san francisco and employees to be here today, having been nominated by gavin newsom to serve the port commission of the city and county of san francisco. as most of you know, i am employed by 1200 members by the international alliance of the international staging points. i am the chief negotiator for several hundred business and government contracts totaling more than $50 million in annual wages to our members. i interface daily with a local state and city governments

and and the trustee with our defined benefit plans. in addition, my professional experience to the labor is in california. i have also had the pleasure to serve the city of san francisco's public utility commission since 2008, including the past year, as president of that commission. my involvement with the sfpuc has been enhanced with my understanding of municipal government and has deepened my respect and gratitude for the men and women who are executing the sfpuc's vision. as you know, the sfpuc launched a $6.4 billion water improvement system program to repair, replace, and seismically upgrade the systems aging pipelines, reservoirs, and dams. while president of this commission, we moved to construct 13 projects totaling $1.6 billion, creating significant numbers of jobs and

making sidekick and safety operations to our vital water system. both the public utilities commission, port of san francisco share the distinction of an enterprise for the city and county. they both creates a vivid revenue but at times require commensurate, if not more, considerable infrastructure investment. as a port commissioner, i look forward to helping the poor grow its revenue and invest in the future. i am excited about the opportunities that lie ahead, including securing the america's cup, and bringing to fruition the james herman terminal for extended use. i believe my background in services combined with my record of public service qualify me to serve as a member of the city and county's port commission. these are exciting and challenging times for the city. the waterfront land use plan

charges before to be is this historic part of the city of balancing public needs, access, and environmental concerns with port revenue sources. at times, it will be tricky. with your approval, i look forward to negotiating it. thank you for your time and consideration of my nomination. supervisor campos: thank you very much. any questions? is there anyone from the public that would like to comment on this item? please come forward. >> i am a native san franciscan. i am also the president of sailors' union pacific which was founded in the city march 61885. we have been in business ever since. -- march 6, 85. i am also the president of the san francisco bay maritime

council. -- march 6, 1885. f.x. crowley is the president of that organization. i also serve on the executive committee of the san francisco labor counsel along with f.x. crowley. the labor movement in this town is 100% in favor of this appointment, and i think he will do an outstanding job. thank you. supervisor campos: thank you. next speaker please. >> i am thrilled to also testify on behalf of f.x. crowley. he is a member of our border directors, understands the importance of the tourism industry to our economy, the number one industry. the port, without question, has deep involvement with tourism, whether it is the america's cup, cruise ship terminals, the

exploritorium, i believe mr. crowley will represent us well. supervisor campos: thank you. director moyer? >> i had not planned to speak, but i decided to. when i got a call about f.x. crowley, of course, i celebrated. he is being nominated into what is usually the port's labor seat which was vacated by mike hardeman. if rodney is moved forward, we will have an empty seat, if anyone is interested. i definitely support mr. crowley coming over to our commission. how is that for a plug? especially with the last name pier. supervisor campos: [laughter] it makes sense. next speaker please.

>> i am deeply interested in infrastructure. as you heard from the written statement of f.x. crowley, he has done a great job for the san francisco public utilities commission. he says he wants to go to the port. this is just my subjective opinion. he would do better at the san francisco public utilities commission. the reason why i say that is, way back when the bonds were passed, the sfpuc was supposed to attend to not only clean water, but also waste water. they chose to attend to the clean water. we are talking about a $4.6 billion budget. i think mr. crowley heard a lot

from the workshops, from all the presentations, that it is going to happen in the waste water in san francisco. he can say whatever he wants to, but it would be better if you have someone like him to do with labor issues when it comes to waste water. all i can say to mr. crowley, and i believe he will be appointed, he will see me at the port commission meetings. i have not been there in a long time, but he will be seeing more of me. i hope we have some interesting dialogue. that commission needs to be challenged. i will make my parents -- appearance to see mr. crowley. supervisor campos: thank you. maybe that is one of the reasons

he is doing it. any other member of the public that would like to speak? seeing none, public comment is closed. colleagues, i know that we have to try to finish quickly, but i also have the same concern, not so much because of anything about the commissioner, but when someone is doing such a good job on one condition and you think, why another commission -- but in digging about what is happening with the port, america's cup, i think commissioner crowley's expertise could be useful and helpful. i think he would be a great addition to that commission. supervisor alioto-pier? supervisor alioto-pier: i would like to make a motion to approve this nomination with recommendations. supervisor campos: if we can take that without objection. thank you. congratulations. [applause] item #8 please. >> item 8. ordinance amending chapter 1 of article iii of the campaign and

governmental conduct code by (1) amending section 3.1-103 to list the officials who must file statements of economic interests and ethics-related forms with the ethics commission; (2) amending section 3.1-107 to clarify the scope of disclosure category 1; (3) amending 3.1-450 to update the list of designated employees who must file statements of economic interests; (4) deleting sections 3.1-210 and 3.1-235 to reflect the current composition of city departments; and (5) adding section 3.1-510 to identify the local officials who manage public investments. supervisor campos: good morning mr. city attorney. >> i am here to speak on the joint project between the city's office and the clerk of court supervises office. the city attorney's office has taken the lead on this project every two years to amend the city's conflict of interest code. the city's conflict of interest code is the ordinance that dictates who needs to file a form 700 every year and also dictates how much must be disclosed on each official for 700. every two years, every department in the city is

contacted to ask if there is any position that should be added, deleted, changed, and what is before you is the incorporation of that. since i understand your try to move this meeting along, i want to be brief and highlight two changes. this proposed set of amendments deletes two sections of the code. one believes the board of examiners, which is a position actually more appropriately found within the department of building inspection code, where it can now be found. the second relatively significant change, at least in the section of conflict of interest code dealing with the opportunity council. in the course of talking to the city departments, i discovered the economic opportunity council is not really a city agency. it is a private nonprofit organization. they were actually surprised they were included in the code.

i thought it was reported to delete them from this ordinance. with that, i am happy to answer any questions you might have about this matter. supervisor campos: colleagues, any questions? supervisor alioto-pier? supervisor alioto-pier: thank you, mr. shen. just explain to me the following head that you took out, commit to college board, housing board, redevelop an agency, office of citizens complete -- why did we remove those? >> i do not believe they were removed from the code altogether. are you speaking to the part that says they need to file with the ethics commission? supervisor alioto-pier: page 4, it is one of the few changes that you all made. i am curious why. >> the first few pages of the amendment, roughly pages 2 to 7,

and corporate question from the ethics commission. they wanted to be able to point people to something in the ordinance that says who needs to file with the ethics commission themselves, and who needs to file with the individual filing offices. in general, only department heads and boards of the commission file with a fixed commission. with respect to those particular agency heads, they are still required to fill out a form 700, but their move to a different subsection, as not being required to file with ethics. supervisor alioto-pier: with f.x.. ok -- ethics. ok. >> i apologize, i misspoke. supervisor alioto-pier: it is the opposite, isn't it? >> yes, i am sorry, your absolutely correct. they do file with them, others

do not. supervisor alioto-pier: i do not understand why. people go to the ethics department to find out all sorts of things -- i do not understand why we would not just keep them there. >> that is section b1, those are people that need to list for 700 and two other f.x. forms. the sunshine ordinance declaration and to give it up training declaration. all those people must file all three separate things with the commission. department heads of those state entities only need to file form 700, which is why they are broken out in different sections. i'm sorry, they are listed on page 7 between lines 10 -- supervisor alioto-pier: i see it. >> i apologize. looks like we are deleting things, but we are moving them around. hopefully, next time it will be

more clear. supervisor alioto-pier: thank you. >> and i do realize it is a quite lengthy document. we do have many agencies, here in san francisco. supervisor campos: great, thank you. why don't we open it up to public comment. we have the director of the arts commission. >> thank you, supervisors for letting me speak on this item. i am here specifically to speak on behalf of the change to section 3.1-140 which addresses the arts commission. one of my responsibilities as a public servant is to bring information to this body of unintended consequences, sometimes of action, and i'm sure sometimes this body did not intend to disenfranchise a

segment of the citizenry from participating in shaping the culture of public policy of the city. yet, that is in effect, what happened last year as a consequence of moving the arts commissioners from a category 2 and in the disclosure category to a category 1. with that change, individuals of significant net worth were required to reveal all of their assets, not just assets that might deal with any possible conflict of interest directly related to their participation in the arts commission. at that level of higher reporting, these individuals of significant net worth felt that these individuals could not to dissipate on the arts commission and immediately resigned. we lost three individuals from our commission when this change took place. i just want to say, this city

really values its principles of access and equity. i am sure this body would never intend to pass any law or regulation that would create a barrier to participation of any citizenry. you would never consider, for instance, that if you wanted to be an arts commissioner, that you have to pay a significant feat. that would be a barrier for entry for parts of the population. yet, this change for the increased reporting, we have created a barrier for participation for individuals in the city. supervisor campos: thank you. any other member of the public that would like to speak? let me say, to that point, i appreciate and understand where the commissioner is coming from, but i will respectfully and vehemently disagree with that. i think there is no barrier to

participation created here. if these individuals want to participate, all i have to do is provide the information and comply with rules. to me, that is good government. the more transparency we have, the better it is. i think good government requires a level of transparency, and i think that is what this is about. i respect and understand the perspective. supervisor alioto-pier? supervisor alioto-pier: i will take the opposite view and completely agree, that the requirements that have been opposed -- imposed on arts commissioners are essentially a barrier to participation. i would like to look at some of the changes made on what we have in front of us today and i would