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tv   BOS Rules Committee  SFGTV  February 24, 2025 6:00pm-7:00pm PST

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news. >> all right. good morning everybody. i am sherman walton, chair of the rules committee for the board of supervisors. i am joined by vice chair supervisor sherril and of course our president supervisor mellman. our clerk is victor yun. >> and i would like to thank jamie ashbury for recording and making sure our meetings are made for the public with s.f. gov tv. and mr. clerk, do you have any announcements? >> yes. public comment will be taken on each item on this agenda. when your item and ventures comes up and public comment is closed please line up to speak on your right. alternatively may submit public comment in writing in each of the following ways email them to myself the rules committee clerk at basi to your dot y o u
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and g at s.f. gov. if you submit public comment by email it will be included as part of the file. may also submit your comments by us mailed to our office in city hall. when dr. carlton be good place room two four for san francisco california nine for 1 or 2 please make sure this time that's all cell phones and electronic devices documents to be included as part of the fire should be submitted to the clerk i just acted upon today are to appear on the board of supervisors agenda of march 4th, 2025 unless otherwise stated. that completes my initial announcements. >> thank you mr. clerk would you please call item number one? item number one is the audience. many of the campaign and will conduct to update the conflict of interest code form 700 finally requirements by adding deleting and changing the titles of certain designated officials and employees to reflect organized and staffing changes and by refining disclosure requirements for certain designated officials and employees. thank you so much supervisor
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melman thank you mr. chair. and we've had this in front of us a few times now this item is a little bit of a basic form 700 conflict of interest hygiene a thing that we have to do every few years or and we had to continue it last time because there was some more meet and confer obligations that needed to be met. i think that those have been met and i guess i would just ask our deputy city attorney brad russi if there's anything more we need to know about this item. deputy city attorney brad ressie yes, good morning. >> supervisors yes. this this item is just the annual bi annual update. we have to do this to the conflict of interest code that just changes the positions that need to file and might change the disclosure categories for some of those positions d h r has confirmed that the meet and confer is concluded and so this be sent to the full board assuming that the wants to do so.
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>> thank you so much dcity attorney comments from colleagu. >> let's go to public comment on item number one. yes, members of the public who wish to speak on this item should line up to speak at this time each speaker will be allowed two minutes. are there any members of the public who like to provide public comment on this matter? there are no speakers thank you. see no speakers. >> public comment is now closed . >> supervisor madam and what is your wish? i would like to move that we forward this item to the full board with positive recommendation. >> thank you mr. clerk on the motion yes, on that motion. vice chair sherril sherril i member madam high madam and i that motion passes without objection. >> thank you so much mr. clerk . >> would you please call item number two? number two is a hearing to consider appointing one member terms ending april 27th, 2026 to the century ordinance task force. >> we have one seat two applicants. thank you so much and i know last week we had one applicant i see we have two applicants and so what we will dor
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from both applicants you have two minutes if you want to say who you are tell us your credentials and we will start with honest charlie bracken for seat ten. thank you. good morning supervisors chair walton vice chair sherril president gentlemen, my name is honest charlie bodkin. i feel free to just call me by my middle name charlie by the way i'm honored to be considered for a seat on the sunshine ordinance task force. >> the seat ten is one of four seats allocated to members of the public have demonstrated interest in or have experience in the issues of citizen accessn in local. >> i have a degree from at the college's communication school i have worked for the los angeles timesost four years in their newsroom and was on a team that contributed to the times winning a pulitzer prize for breaking news. one story that i contributed to two and i'm particularly proud of used public records from la's department of water and power on los angeles's aging w that was
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projted t $1 billion in taxes and replacement. >> she mayoing to quickly go through thisny after leaving the l.a. times which helps journalists publish their work was at seato for five years we worked with cnn vox media, cal matters, the harvard shorenstein center and mit to solve initiative the san diego union-tribune, my former employer the l.a. times while working closely with reporters to tell data driven stories of learned not just the laws and mechanics regarding public information requests but also the important role that these requests play in safeguarding a transparent, accountable and democratic. >> we also filed several requests of various levels of i self recently i've set up my own blog to cover local issues name the city and county.com just received over 100,000 views in the first month alone. however i'm not here to apply for a seat on the task force as a member of the media as i'm not a paid journalist i'm a passionate advocate. i'm also an active member of my
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neighborhood association the haight-ashbury neighborhood council, the united democratic club and i'm a regular attendee of meetings here at city hall and want to make it a priority to learn as much as i can so i bring back valuable insights to the groups i'm involved with and readers of my blog. i have more here on the ordinance. >> san francisco shines the way with its sunshine ordinance which both implements and expands on the california public records act and the brown act. >> it's not to say we have a perfect system the law was last minute by voters in 1999 help our city shine brighter. there are reforms that we can and likely should undertake to make the system more efficient less burdensome on city staff and mor to should i have the privilege of being appointed to the task force? i look forward to working with the other members of the task force to advise the board of supervisors and city bodies on the sunshine ordinances implementation and on amendments to this ordinance. i believe on a strong choice for this seat especially because as i've heard the seat is made primarily for bloggers
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like myself also thank you and once again i'm honored to be considered. i welcome any questions. thank you so much, mr. brown. >> i do have one question who told you this seat was for bloggers? >> i had a conversation with a current member of the task force. thank you. any other questions from square? >> thank you so much. cynthia di good morning supervisors thanks for the additional time to provide references from business and community leaders and from nonpartisan good groups like the league of women voters and common cause. >> i hope this paints a more complete picture of who i am and how i work under california citizens redistricting
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commission i leverage my experience as an interim executive and management consultant to improve our governance makeard consensus on highly political task. on nonprofit boards and consulting for com based organizations has advanced our outreach and education efforts. >> i learned firsthand about open meetings and public records laws which taught me how important tra building trust in . i'd like to bring my skills and experience to the sunshine ordinance task force sunshine protects the people's right to know for people lesser means it's an important way to access city so it can better serve them. i have three ideas on how to reduce costs improve results first, proactively prevent violations through tra focusing on the departments with the most records requests such as the police, s.f. mta and public works. second ins. over 50% of the complaints last
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year came from only seven individuals who often didn't show for lastly modernize it to clarify the grayer the years technology has advanced and functions increasingly outsourced muddling what records and bodies must be accessible to the public. >> if appointed i look forward to working with the supervisors to figure out what can be implemented through streamlined practices or might require a ballot measure. >> i only believe i can make a difference so i hope you'll honor me with your vote today. >> thank you so much. >> any questions? i don't see any questions for any of the candidates. mr. clerk can we please go to public comment? >> yes. members of the public who wish to speak on this item should like to >> each speaker will be allowed two minutes and you can line up to the you can line up to the right of the podium if you wish to speak. >> thank youning.
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my name is zoe dunning. it's been a while since i've been back in city hall. i'm the former first vice chair of the democratic county central committee and also a former library commissioner myself. i am here to speak in support of cynthia dye's application for this role. i've had the pleasure and privilege to have known cynthia now for over 30 years. she's been tremendous friend and colleague. i have not only known her personally but also have worked with her on various consu-e and i think the qualities that cynthia brings that are going to be very important for this sunshine ordinance task force. one she's very clever tive. she's someone that you want to work beside is willing to hear all reasonable ideas contribute her own. i think her ability to collaborate is is critical. secondly she brings a wealth of information and she just described some of her ideas around how to make the process and the thing more efficient, more effective so that it stays
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true to its mission and its and its opportunities. and i also find her to be incredibly fair. her work on the california citizens redistricting commission very difficult role, very difficult commission to serve on serving many different interests. her diplomacy skills and ability to weigh and balance multiple perspectives and come to a reasonable and just decision or vote think is phenomenal. so i hope >> thank you. >> morning. my name is dylan hershel. i'm a resident of potrero hill and i was a mayoral candidate in 2024. >> that's how i have the pleasure and privilege of knowing honest charlie bodkin who i am here to strongly urge you to consider for seat number ten on the sunshine ordinance task force. >> charlie's background makes him very unique as a candidate.
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he has as well as having a lot of experience with making requests for for public records. and i think that we need people like charlie in in people who have the skills, integrity and passion to make our more transparent. so i strongly urge you to appoint him to this task force. peak a little bit about his experience on my campaign where he was the director of operations. it's no exaggeration to say thousands of resen their experiences and frustrations with trying to get transparency out of city hall. >> that experience along with what he mentioned earlier with his experience with the los angeles times as a data reporter and his his experience as a blogger which he you know he started this this new civics
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news blog. i think that makes him incredibly well qualified and he should be given this opportunity to to bring his skills and knowledge to bear. and improve the system that we have in place for providing transparency in our. thank you. >> hello supervisors. my name is lauren gilmartin and i am here on behalf of the league of women voters of san francisco which supports cynthia disappointment to the sunshine ordinance task force. >> for those who don't know, the league of women voters of san francisco is a nonpartisan political nonprofit that defends democracy. our nonpartisan commitment means that we do not support or oppose candidates for elected office or political. >> the league has a unique perspective on the sunshine ordinance task force having long held an appointed seat for
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a league representative. currently the most awesome maxine anderson we understand the qualifications and skills necessary for a successful independent member of the task force who can help ensure the public's right to access their local. >> the league has experienced cynthia dias commitment to upholding our democracy through her ability to be objective and listen to public input. shele also displaying an openness to feedback and new ideas. these are qualities we need servants who seek to protect our fragile democracy. >> we believe that cynthia dias dedication to nonpartisanship and is e more than ever. please appoint her to the sunshine ordinance task force and taken off my league hat for just 30s. >> i have served the city of san franciscoteering on committees is hard. you need to set aside your personal points of view and act as a b also make sure that no one person or
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one group is happy. >> ultimately it's about fairness. it's about justice and it's about equity not making one person or one group happy. >> and i believe from what i've cynthia tai that she can very well thank you. >> hi, my name is letizia miranda. i'm a district nine resident and research consultantnprofits and businesses. >> i've worke such as nextgen, a at the national level as a public policy advocate for the latino community. >> ithia dye's candidacy for the sunshine ordinance di force. >> personay,'ve kince.. for decades f where she graduated with honors in electrical engineering and computer science and also at the stanford graduate school of businessarned an mba as a uc berkeley student senator. ependent and moderate science and engineering coalition yet had the other so that the er to profession ie collaborated with ms. di on over tg projects. she's one of the most intelligent, nd
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a strong commitment to excellence. the california citizen's redistricting commission i witnessed her integrity and dedication to hea diverse community voices like those for example from the vietnamese grocers association of orange county which she told me aboutand voices were reflected in the final maps. senintegrity. in sum ms.. di is a trustwort is fortunate to have someone of mid-size caliber willing to fulfill the duties of this volunteer role that has been open for over one year and for which she is the only serious candidate. i wholeheartedly endorse cynthia dei for the sunshine ordinance task force. >> thank you. >> good morning. my name is paul gardner. i live in no valley in district eight. and for the last few years i have been the author of fed up a substack about education in san.
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you probably recall the infamous school board meeting from a few years ago where a candidate for a volunteer position on a parent action committee parent advisory committee was forced to while the board debated endlessly the merits of appointing a gay white male to a committee that had multiple open slots and for which there were no other candidates. it was one of the events that fueled the recall. and here we are again with an eminently qualified person task force that has had an open slot for a year or so l cast is not theeople normally pursue. notably the people who testified against her two weeks ago didn't bother to apply. they're wilork. you need people who are willing to do the work and sinners. for as long as i've known her and it's been over 30 years since has been volunteering her time and expertise she brings boundless energy and passion to everything she does. she's the sort of person who's probably passionate about breakfast but when someone disagrees with her she doesn't
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hit them over the head with a chair which is admittedly a low bar but it's not one that the other candidate for this position can clear a no brainer. put cynthia dye on the sunshine ordinance task force. >> thank you. >> hi, i'm of district eight. for 30 years i think which makes me old. >> and i've also been involved in a number of city projects like newtown square and slo sanchez and the recent renovation project for embarcadero plaza. but in my other life i've spent over 30 years running small and large software companies oftentimes coming in under very difficult circumstances when the existing leadership was being swapped out. >> and every single time i brought in cynthia di as the most trustworthy most empathetic, kindest, intelligent person that i knew to come in and help me
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understand what was going on and what made her very unique was she was able to create relationships with and really listen to a wide variety of people. and again very difficult and very time constrained environments and build trust with all of them and help us get to the best possible solution for those companies to get them back on track. i think that's wha in as well. so i would encourage you to vote for her please. >> thanks. just like to give some feedback on what i heard from these public comments. we have one person where the support i believe you know i don't know the acronym i believe the d triple c was name dropú' of the s.f. i[k right wing dark money fueled show was name drops the levi strauss whatever was name dropped. redistricting was name dropped
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and i fought against splitting d six into d five and six. >> unfortunately that did happen and now i live in an open air prison basically. >> so that wasn't a good outcome for me. but i kno i know the things that you value this the woman is like overqualified candidate. if you were to give it to the other guy who white guy who ran for mayor this past election that would also be an obvious like you to anyone who's not a white man. >> so it just seems like you're in a really tough s and maybe this whole system isn't workingditional members of the public who like to provide public comment at this time? i do not see any additional speakers. >> thank you. seeing no additional speakers public comment is now closed. >> supervisor thank you chair walton i have struggled this appointment quite a bit. i am impressed very impressed
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by cynthia di and and the work that she has done. i do not in any whe integrity or her commitment to our city and i'm grateful that she has been willing to step forward and serve on multiple bodies. >> the challenge for me with cynthia day is simply that i think i disagree with her and have disagreed with her on things that she has done in the past and i suspect will disagree with her in in positions that she is likely to take on the sunshine lord in its task force. >> and i was thinking, you know my my challenge is with her judgment not that her judgments are bad. >> they are just judgments that are not my own and that is the reason t cynthia di today for this seat. i appreciate mr. bodkin. i'm grateful that he's been willing to put his name into this and will certainly follow up to learn more about his
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interest in serving. i know thank you for talking to my staff. i do believe that there are at least one and maybe two more folks who are likely to submit applications. in fact i know one person tried to but erroneously sent it to my office rather than to the clerk and so i'm eager to engage with those applicants as well. so i will not be able to today support either of these applicants. >> th and i first of all want to thank both applicants for their willingness to serve. >> i think it's important to have folks in community who want to participate in the governmental process. so i want to thank you both. obviously for me i think know it's always about comparing experiencen you have more than one candidate. i do believe that one candidate has demonstrated not only love for san francisco but also an independent voice withne who has a
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seasoned approach to accountability. i also believe in diversity in all of our commissions in our boards is very important to me. >> i i don't make decisions based on whether or not somebody politically agrees with me. >> if i did i probably be by myself a lot here in san francisco. i think disagreement is definitely as a matter of fact a part of the political process and although it is frustrating to have people that disagree with you it is most certainly important that it happens in city and so i wld love to move the name of cynthia dei forward with a positive recommendation. >> i don't want to embarrass anyone and put anyone through something negative but i think that motion is appropriate at this rules committee meeting. so i do want to take a vote on
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that motion. yes, on that motion on the motion to recommend cynthia dyer to see ten vice chair sherril no sherril no member madam and no man i mean no. chair walton i walton i that motion fails. >> motionthdarfur with the positiv recommendation fails and seeing that there is no other motion on the floor i like to move to continue this item to next week's rules committee meeting . just to clarify you would like to continue this to the call of the chair to recall it? >> yes. question yeah, yeah, yeah. it's due to recall the chair yes. >> a motion to continue the matter to the call of the chair . vice chair sherril sherril i remember madam in management i chair walton well tonight that motion passes without objection. >> thank you. motion to continue this item to
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the college here passes mr. clerk, please call item number three. >> item number three is hearing consider appointing one member term expiring february 23rd, 2026 and two members term ending february 23rd 2027 to the citizens committee on community development. i just like to clarify we only have one applicant la llanelli slinking has previously been appointed this body and does not need to be considered at this time. >> thank you so much mr. clerk and i believe that we do have clinton lofton hereas you may recall from my application i have over 30 years of experience in affordable housing committee development, social services, urban planning and economic development for various jurisdictions in the bay area including direct experience
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with cdbg, with home, with esg and hopper. i've served on the committee since 2015 and would like to continue and i'm happy to ask and answer any questions you might have. thank you so much. i don't see any questions from colleagues. >> mr. clerk, please go to public comment. yes, members of the public wish to speak on this matter. >> can approach the podium at this time. each speaker will be allowed two minutes. are there any members of the public who like to provide comment on this matter? >> there are no speakers at this time. thank you so much and seeing nothing else from colleagues i like to make a motion to move this item forward with the positive recommendation and nominate clinton lofton laufman for seat two yes on that motion vice chair sherril sherril i member amendment right madam and i chair walton all right well tonight motion passes without objection. >> thank you so much. motion carriesease c f, .
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item number four is a hearing to consider appointing one member term ending octob oversight and advisory committee. we have one seat where an applicant for seat number eight. >> thank you so much and i want applicant is cindy lopez chair stain and i don't believe she is here this morning but i have heard nothing but positive comments about this recommendation and i don't see anything from my colleagues. >> mr. clerk would you pnt on item four? yes. members of the public who wish to speak on this item should i have to speak at this time? each speaker be allowed two minutes? are there any members of the public would like to speak on this matter? i do not see any members of the public on this matter. >> thank you. seeing no speakers public co and i and stain forward for seat eight with a positive recommendation on yes on that
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motion. right. sure. sherril sherril i remember madam and madam and i chair walton i well it's in i that motion passes without . >> thank you. motion carries mr. clerk would you please call her next item. item number five is ordinance amending the administrative code to authorize the tax collector to refund property tax to the assessee or latest recorded owners of the property if the amount of the refund is less than $10,000 and there has been no transfer of property during or since the fiscal year for which taxes to be refunded were levied. >> thank you so much. i don't see any comments from colleagues. would you please call for public comment on item number five? >> yes sir. members the public wish to speak on this item. she line up to speak at this time each speaker will be allowed two minutes. are there any members public for public comment? >> there are no members the public for public comment on this item.
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thank you senos because public comment is now closed mr. clerk please call item number six. >> would you like to vote on this one? oh my apologies would you a motion to move item five forward to the full board with positive recommendation? yes. and the motion to recommend vice chair sherril sherril i remember madam and madam chair walton all right well, tonigh you.se item number six. >> item number six is on spending the business and tax regulation code to remove the requirement that parking operators certify a report periodically to the ratio of theq÷ir to total issued tickets for each parking station for the reported period. >> thank you. a representative. >> yes sorry i miss time my ability to get up the stairs. >> so you're actually just in time. >> okay, great. so far this is parking tax great i think i have two items coming up in a row. we're on item number six. okayht. so. good morning chairwoman
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supervisors eric mann with the office of the treasury tax collector. this ordinance is pretty simple. it's simplifies and modernizes the parking tax monthly filingw, the city imposes a tax on is collected by parking operators and remitted to our office on a monthly basis excuse me current law requires operators to issue parking tickets when a vehicle enters the garage and then when they exit you collect that ticket. the information on the ticket determines how much is owed parking operators in this process are subject to what's called an unaccounted ticket ratio allowance meaning they are not penalized for lost tickets this ordinance just their monthly filing by eliminating the requirement for operators to report that ratio. but first and foremost i just want to make clear the ordinance will not impact revenue. it does not change tax liability or collection
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responsibilities, ensures the city continues to receive the same appropriate parking taxrequired to continue to track their unaccounted ticket ratio and certify that they're in compliance with the parking tax ordinance every time they file and our office still has the ability to request this information during an audit or during an investigation. so basically this is just streamlining measure that allows the city and operators to focus more on core compliance rather than excessive reporting requirements. so with that all happy take on't see any comments from colleagues. >> mr. clerk would you please call for public comment? this item speak at this time each speaker will belowed two members of the public for public >> there are no speakers. thank you senior speakers public comment is now closed and i like to motion to move this item forward to the full board with a positive recommendation on that motion vice chair sherril sherril i remember management tonight
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that motion passes without objection thank you motion to move forward with the positive recommendation passes unanimously. >> mr. clerk do we have any other business before us this morning? >> there are no additional items on today's agenda. >> thank you. we are adjourned >> >> (indiscernible) faces transformed san francisco street and sidewalks. local business communities are and our neighborhood centers on more vibrant ask lively. sidewalks and parking lanes can
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be used for outdoor seating, dining merchandising and other community activities. we're counting on operators of shared spaces to ensure their sites are accessible for all and safe. love it when i can cross the street in our beauty city and not worry whether car can see me and i want me and my grandma to be safe when we do. we all want to be safe. that's why our city is making sure curb areas near street corners are clear of parked cars and any otherructures so that people driving vehicles, people walking and people biking can all see each other at the intersection. if cars are parked which are too close to the crosswalk, drivers can't see who is about to cross the street. it's a proven way to prevent traffic crashes. which have way too much crashes and fatalities
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in our city. these updates to the shared spaces program will help to ensure safety and accessibility for everyone so we can all enjoy these public more information is available at sf dot gov slash shared learned and expand
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it across the city. [♪] tenderloin is home to families immigrants seniors, merchants, workers, and the housed and unhoused who all deserve a thriving neighborhood to call home. the tenderloin emergency initiative was launched to improve safety reduce crime, connect people to services and increase investments in the neighborhood. >> the department of homelessness and supportive housing is responsible for providing resources to people living on the streets. we can do assessments on the streets to see what people are
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eligible for as far as permanent housing. we also link people with shelter that's available. it could be congregate shelter, the navigation center the homeless outreach team links those people with those resources and the city. >> they're staffing a variety of our street teams, our street crisis response team our street overdose response and our newly launched wellness response team. we have received feedback from community members from residents, community organizations that we need an extra level and an extra level of impact and more impactful care to serve this community's nertment and the community's ramedics are bringing today to this issue. >> the staff at san francisco community health center has really taken up the initiative of providing a community-based outreach for the neighborhood. so we're out there at this point monday through saturday letting residents know this is a service they can really just describing the service, you shower the laundry the food, all the different resources and
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referrals that can be made and really just survivingproviding the neighborhood with a face, this is something that we've seen work and something you can trust. >> together, city and community-based teams work daily to connect people to sheriff and live we are ready to begin. >> thank you. >> would you mind just to say one more thing? the audio came through a little weird terrified that we were ready to begin. i can hear you but it's a little muffled but i think we're good. >> welcome to the february 7th 2025 regular meeting of the san francisco ethics commission. today's meeting is live cable cast on s.f. gov tv and live streamed online at s.f. gov keyboard forward slash ethics live for public comment members
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of the public met in person or may participate by phone or the webex platform as e our amr. clerk will you explain would you please explain how remote public comment will be handled? >> public comment will be available on each item on this agenda. each member of the public will be allowed three minutes to speak. for those attending in-person opportunities to speak during the public comment period will be made available here in room 408 city hall for those attending remotely public comment period public comment period can also be provided via phone by calling at 14156550001 access code is 26612892579 followed by the pound sign and then press pound again to join as an attendee when your item of interest comes up. please press star three to raise your hand to be added to the public comment line. public comment is also available via the webex client
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application. use the webex link on the agenda to connect and press the raise hand button to be added to the public comment line. for detailed instructions about how to interact with the telephone system or webex client please refer to the public comment section of the agenda document for this meeting. public comment may also be submitted in writing and will be shared with the commission after this meeting has concluded and will be included as part of the official meeting file. written comments should be sent to ethics commission at s.f. go org. members of the public who attend commission meetings including remote attendance are also expected to behave responsibly and respectfully. during the public comment please address your comments to the commission as a whole and not to an individual members. persons who engage in name calling, shouting interruptions, foul language or other distracting behavior may be excluded from parti a . >> thank you mr. clerk. i now call the meeting to order . >> the clerk will you please call roll under item one turf
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and live here? commissioner florus feng here. commissioner salahi here. commissioner. so are your staff in love with the former? yeah. with former members present and accounted for you have a quorum. >> thank you. that i call agenda item number two. general public comment. does anyone in the room wish to make general public comment? >> seeing none. mr. clarke, will you check if there are any remote callers please? >> chair felt that we were checking to see if there are callers in the queue. chair live there are no callers in the queue. >> thank you. hearing no further members of the public wishing to speak. general public comment on item two is now closed. i now call the consent calendar . >> colleagues as noted in the agenda unless one of us wants to discuss an item on the consent calendar or a member of the public wants to. we will not discuss them separately anyway. >> i'm sorry. go ahead. commissioner i can say there's nothing that i want to add
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substantively but i did just want to offer a welcome to everybody who we recently hired and also thank everybody whose positions have been vacated for their service to the commission. so i just want to acknowledge welcome and thank you. >> thank you. is anyone in the public wish to call an item from the consent calendar? >> seeing none mr. clerk, would you check if any remote callers chair friendly if there are no callers in the queue. thank you. >> i move to adopt the consent calendar. well, i did that last hour kind of clunky as checking if there were folks who want to call someone inside. you check if there's any public comment on the remote sorry on the consent calendar. >> seeing none in the room. mr. clerk would you check if there are any callers? chair if there are no callers
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in the queue. >> great. thank you. so with that i move to adopt the items and then consent calendar. >> second thank you. >> on the motion to adopt the consent calendar. >> turf and love i wish her flowers fang. commissioner salahi. >> hi. commissioner. so i chair live with four votes in the affirmative. the motion is approved unanimously. >> thank you mr. clerk. we're now going to go a little bit out of order. we're going to save it. item six election of commission officers until the end of the agenda. so instead called item number seven. discussion i propose possible action regarding proposed regulation decision and order in the matter of labor and working families. slate and daniel anderson mr. demicco. >> good morning. i have a note to congratulate the new chair so i'll just
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scratch that out since we saw the order. >> so this case involves respondents, labor and working families. slate which is a general purpose committee and their consultant daniel anderson. it's a case involving coordinated spending too. as a reminder. so basically in this case coordinated spending with this staff of the general purpose committee being their consultant and the staff of a supervisor campaign for supervisor dean preston turned out what was otherwise an independent expenditure into a contribution under law and that led to violations including a contribution over the limit and inappropriate reporting of the contribution as an expenditure. >> so i'm going to basically break this into three parts and briefly talk about the coordination and then the communication that was funded
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by the expenditure and then the calculation of the benefit that went to supervisor president's campaign. >> so so as a reminder under law if an independent expenditure funds a communication that benefits a candidate and it was coordinated with that candidate then the expenditure is not independent and it should have been considered a contribution. the law has various tests. one of those tests is that if the communication was made after an agreement on timing location or mode of dissemination was come to between the funder of the communication and the beneficiary at then that is considered coordinated. so in this case again daniel anderson who is a consultant for labor and working families slate the general purpose committee who funded this communication he texted with a staff member of supervisor preston's campaign who benefited in part from the communication and they texted
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about the timing, location and mode of dissemination agreeing on language for an invite for the event and agreeing on it that they could that the general purpose committee could put fires and literature in at the event. there was also a parallel language from the two committees in terms of how they talked about various things and we thought there is also a text message that shows that the communications in this case were printed specifically for this event. so they were printed after an agreement had been after an agreement had been made on timing location and and and mode of dissemination. so that's the coordination in this case and then moving to the communication that it funded the cases are sort of complicated because it involves numerous campaign. i'll try to walk through it as best as i can briefly but it involves campaigns for both the
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democratic county central committee in assembly district 17 and 19 and the campaign for supervisor in district five. district five encompasses all of assembly districts 17 and 19 or of and in this case bilal mahmood was running in both assembly district 17 for democratic county central committee and in district five supervisor race against supervisor preston. >> so essentially in this case the general purpose committee paid for fliers which on one side had essentially the candidates for that assembly districts democratic county central committee that they supported. and on the other side it just said, you know, vote no on bilal mahmood for democratic party.
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>> now this brought a benefit to supervisor preston for two reasons one the side of the fire that just said vote no on bilal mahmood for the democratic party was vague and could have been talking about his candidacy against supervisor preston. >> but two half of those fliers were focused on assembly district 17 and half of them were focused on assembly district 19. so for the ones on 19 on the opposite side it had a list of the candidates supported by the committee running in assembly district 19 democratic county central committee. and so for those fires the only race that bilal mahmood is running in in assembly district 19 is supervisor. he was only running for the triple c race in assembly district 17 so for someone district 19 it only could have been interpreted as talking about vote no for him in the supervisor race. >> so this caused a benefit to
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accrue to supervisor preston's campaign and because the communication was made after the coordination and it should have been a contribution at least in part and that's where we get to the final part of this case which is just briefly how we dealt with the calculations here to put it again quickly the the respondents in this case paid $6,968 for all fires. they coded half of that. >> the sides that had the candidates for d triple c as contributions split amongst those candidates. so we're not dealing with that side. we're only dealing with the side that said vote no on ballot mahmood. so half of that was coded as an independent expenditure against bilal mahmood $3,484 half of that was dealing with assembly district 17 and half with 19. >> so the half that was dealing
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with 19 that entire thing should have been a contribution since there was no other way to interpret no one. bilal mahmood except for in the supervisors race for that half for the other half we split that once again in half because half of the benefit was toward bill was against mahmood in his supervisor race and half in his d triple c race. >> so that led to a total of $2,613 that of spending that benefited the preston campaign after coordination. obviously the contribution limit is $500 so that was 2113 over the limit and that is the first violation in this case a contribution over the limit. second violation is just the incorrect reporting of the spending as an independent expenditure instead of a contribution that penalty was set at 15% of the spending which is $400 for a total of 2513. and just i'll wrap up by noting
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sort of the importance of these laws essentially if supervisor preston was running you know, if any supervisor is running low on money and they want to get a certain message out or they want to get a message out at a certain time in a certain place, they can coordinate spending with a group that then spends independently and they have no limit on contributions they can accept and then spending that they can make. and so that's sort of an end run around a contribution limit by coordinating the spending. and so it's important that we, you know, identify instances where spending is coordinated and it should be treated as a contribution so that the playing field is level across all candidates and everyone's abiding by the same restrictions and limitation on their fundraising and spending . thank you for that. i have a couple of questions but i'll see any my colleagues want to jump in now. go ahead.
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so thank you. that i think is a really good case and important to highlight the coordination issues. i have one question about so the last paragraph of the substance explains why there are not charges against the preston khan candidate campaign because i think as the memo articulates, the law kind of goes both ways. it prohibits excess contributions but making them and receiving them. >> so i was hoping you could kind of flesh out a little more what that last paragraph talks about and i want you to go beyond what's in the public record here but maybe you can kind of synthesize it and the gist that i'm getting is that you all thought it was appropriate to not focus on the present campaign because there's no indication that his campaign knew about the substance of the the coordinated communication. but i'd like you to flesh that out if you can a little bit. >> yeah, that's exactly right. and so there's no indication that in this case if the respondents had shown up to this event after coordinating on the timing and mode of communication and their
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spending funded a communication that very clearly opposed bilal mahmood for d triple c and it was only you know, distribute did it in a way that focused on assembly district 17 where he was running and not on the district where he was not running and it very clearly identified what it was opposing him for then that spending would not have benefitted supervisor preston's campaign in any meaningful way and there wouldn't have been any violation like any violation whatsoever. so it was the content of the communication that created the violation not not necessarily the coordination alone. and in this case there was no indication no evidence that we could find that the staff of supervisor preston had any knowledge or input into the substance of the communication. got it? yeah. thank you for that. i think at the same time highlights kind of the the concerns that if campaigns are talking to other campaigns that there may be lines you're crossing.
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>> so it's a good thing to folks to be aware. any questions for my colleagues ? >> yeah. yeah. just one quick question. i mean i do think that the penalty up here is fair given the circumstances that you described. >> i'm wondering if in speaking with the respondents they highlighted, you know, any part of the law that they found confusing or they kind of expressed what it was that led them astray here or what they wish they would have seen in order to kind of avoid. >> it's a good question. also allows me to note so most of the credit in this case should go actually to our now audit manager armond who used to be an investigator with the enforcement team and he did a lot of the investigation in this case before he changed roles that also maybe a question that he knows the answer to. they never expressed confusion around the law to me but again i came on later so i don't sorry almond price or so just briefly, the consultant in this
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case was aware of the coordination law in general. he knew the location where it's laid out all these different factors that might lead to coordination. so it was i think there was a bit of confusion that it wasn't only about the content of the communication itself but also the dissemination. so that might have slipped by but generally there was understanding that it also applied to the dissemination and it was just i think an oversight. and with this case i don't know that we've necessarily had a coordination case about dissemination where there also wasn't agreement on coordination. so with this opportunity we can make that known to our regulated community. thank you. the questions. let's take a second. thank you mr. d'amico.
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with that let's take public comment. does anyone in the room in the gallery wish to make public comment on this item? seeing none. mr. clarke, will you check if there's any one on the line? >> chairman there are no callers in the queue. with that i move to adopt staff's recommendation on item number seven seconded. >> with that you have a clerk at your at your leisure on the motion to adopt staff's recommendation on item number seven. chair high commissioner flora fang commissioner salahi i. commissioner so i can live with four votes in the affirmative. >> the motion is approved unanimously. >> thank you sir. that closes item number seven
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now call item number eight presentation and public hearing and possible action on ethics commission budget proposal for the fiscal year 20 2526 and fiscal year 2627. mr. director thank you chair for lot of good morning commissioners i may have brought up a slide deck for
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