Loading...
(a) Potential Discipline. Subject to the removal and Civil Service provisions of the Charter as well as any applicable Civil Service Rules, any officer or employee of the City and County of San Francisco who fails to file any statement required by Sections 3.1-101 and 3.1-102
of this Chapter 1
within 30 days after receiving notice from the Ethics Commission of a failure to file may be subject to disciplinary action by their appointing authority, including removal from office or termination of employment.
(b) Warning Letter. The Ethics Commission may issue a letter to an appointing authority recommending suspension or removal of any City officer or termination of any City employee who has failed to file a statement required by Sections 3.1-101 and 3.1-102
of this Chapter 1
if the City officer or employee has not filed the required statement within 30 days of receiving notice from the Ethics Commission of their failure to file.
(c) Required Disqualification by Members of Boards and Commissions. Members of City boards or commissions who have failed to file statements required by Sections 3.1-101, 3.1-102
, and 3.1-103 of the Campaign and Governmental Conduct Code (Form 700 Statements of Economic Interests, Sunshine Ordinance Declarations, and Certificates of Ethics Training) by the applicable filing deadline shall be disqualified from all participation in and voting on matters listed on their boards’ and commissions’ meeting agendas.
(1) Waiver. A member of a City board or commission may seek a waiver for cause from the Ethics Commission’s Executive Director excusing the member’s failure to file the statements required by Sections 3.1-101, 3.1-102
, and 3.1-103 of the Campaign and Governmental Conduct Code. If the Executive Director grants such a waiver, the member of a board or commission will not be disqualified under this subsection (c); provided that after a member of board or commission has sought a waiver and while the waiver is pending before the Executive Director, the member shall continue to be disqualified.
(3) Penalties and Enforcement.
(A) Criminal Penalties. Any person who knowingly or willfully violates this subsection (c) shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000 for each violation or by imprisonment in the County jail for a period of not more than one year in jail or by both such fine and imprisonment.
(B) Civil Penalties. Any person who intentionally or negligently violates this subsection (c) shall be liable in a civil action brought by the City Attorney for an amount up to $5,000 for each violation.
(C) Injunctive Relief. The City Attorney or any San Francisco resident may bring a civil action on behalf of the people of San Francisco to enjoin violations of or compel compliance with this subsection (c).
(i) No resident may commence a civil action under this subsection (c) without first notifying the City Attorney in writing of the intent to file a civil action under this subsection (c). If the City Attorney fails to notify the resident within 120 days of receipt of the notice that the City Attorney has filed or will file a civil action, the complainant may file the action. No resident may file an action under this subsection (c) if the City Attorney responds within 120 days that the City Attorney intends to file an action or has already filed a civil action.
(ii) No resident may bring an action under this subsection (c) if the Ethics Commission has issued a finding of probable cause arising out of the same facts, the District Attorney has commenced a criminal action arising out of the same facts, or another resident has filed a civil action under this Section arising out of the same facts.
(iii) A court may award reasonable attorney’s fees and costs to any resident who obtains injunctive relief under this subsection (c).
(D) Administrative Penalties. Any person who violates this subsection (c) shall be subject to and may be held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters to City officers and employees.
(E) Statute of Limitations. No person may bring a criminal, civil, or administrative action under this subsection (c) against any other person more than four years after the date of the alleged violation.
(d) Public Announcement. If a member of a City board or commission has failed to file a required statement (Form 700 Statement of Economic Interests, Sunshine Ordinance Declaration, or Certificate of Ethics Training), at the beginning of each meeting of the board or commission that occurs after the applicable deadline for the required statement and before the member of the board or commission files the required statement, the Commission Secretary, or any City staff who fulfills that role, shall announce that the member of the board or commission has failed to file a statement required by Sections 3.1-101, 3.1-102, and 3.1-103 of this Chapter 1 and that the member will be disqualified from all participation in and voting on matters coming before the board or commission.
(Added by Proposition E, 11/4/2003; amended by Ord. 80-07, File No. 070122, App. 4/19/2007; Ord. 256-14
, File No. 141003, App. 12/19/2014, Eff. 1/18/2015; Ord. 46-18, File No. 171066, App. 3/16/2018, Eff. 4/16/2018; Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
New Legislation NoticePublisher's Note: This section has been AMENDED by new legislation (Proposition N, adopted 11/8/2022, effective 12/23/2023, operative date is conditional (See section 8 of the proposition)). The text of the section will be included below when the new legislation is effective.
Persons holding designated positions shall file the specified statements, declarations, and certificates with the filing officers designated in this Section 3.1-103.
(a) MEMBERS OF BOARDS AND COMMISSIONS.
(1) Members of the following boards and commissions shall file their Form 700 Statements of Economic Interests, Sunshine Ordinance Declarations, and Certificates of Ethics Training with the Ethics Commission:
Access Appeals Commission
Airport Commission
Arts Commission
Asian Art Museum Commission
Assessment Appeals Board
Board of Appeals
Board of Examiners
Board of Supervisors
Building Inspection Commission
Children and Families First Commission
Children, Youth and Their Families, Oversight and Advisory Committee
Citizen’s General Obligation Bond Oversight Committee
Civil Service Commission
Commission on the Status of Women
Disability and Aging Services Commission
Elections Commission
Enhanced Infrastructure Financing District Public Financing Authority No. 1
Entertainment Commission
Environment Commission
Ethics Commission
Film Commission
Fine Arts Museums Board of Trustees
Fire Commission
Golden Gate Park Concourse Authority Board of Directors
Health Commission
Health Service System Board
Historic Preservation Commission
Homelessness Oversight Commission
Human Rights Commission
Human Services Commission
Juvenile Probation Commission
Library Commission
Local Agency Formation Commission
Municipal Transportation Agency Board of Directors
Parking Authority
Planning Commission
Police Commission
Port Commission
Public Works Commission
Rate Fairness Board
Recreation and Park Commission
Redistricting Task Force
Refuse Rate Board
Residential Rent Stabilization and Arbitration Board
Residential Users Appeal Board
Retiree Health Care Trust Fund Board
Retirement Board
Revenue Bond Oversight Committee
San Francisco Public Utilities Commission
Sanitation and Streets Commission
Sheriff’s Department Oversight Board
Small Business Commission
Sunshine Ordinance Task Force
Treasure Island Development Authority Board of Directors
War Memorial and Performing Arts Center Board of Trustees
Workforce Investment Board
(2) Members of the following boards and commissions shall file their Form 700 Statements of Economic Interests with the Ethics Commission:
Community College District Board of Trustees
Health Authority Board
Housing Authority Commission
Law Library Board of Trustees (excluding ex officio members)
San Francisco Unified School District Board of Education
Successor Agency Commission (Commission on Community Investment & Infrastructure)
(b) DEPARTMENT HEADS.
(1) The following department heads of City agencies shall file their Form 700 Statements of Economic Interests, Sunshine Ordinance Declarations, and Certificates of Ethics Training with the Ethics Commission:
Airport Director
Asian Art Museum, Director
Arts Commission, Director of Cultural Affairs
Assessor-Recorder
Board of Appeals, Executive Director
Board of Supervisors, Clerk
Building Inspection, Director
Child Support Services, Director
Children, Youth and Their Families, Executive Director
City Administrator
City Attorney
City Librarian
Civil Service Commission, Executive Officer
Commission on the Status of Women, Executive Director
Controller
Department of Disability and Aging Services, Executive Director
Department of Early Childhood, Executive Director
Department of Police Accountability, Director
District Attorney
Early Childhood, Director
Economic Workforce and Development, Executive Director
Elections, Director
Emergency Management, Executive Director
Entertainment Commission, Executive Director
Environment, Executive Director
Ethics Commission, Executive Director
Film Commission, Executive Director
Finance Corporation, Chief Financial Officer, President, and Secretary
Fine Arts Museums, Director
Fire Chief
Golden Gate Park Concourse Authority, Chief Executive Officer
Health Service System, Director
Homelessness and Supportive Housing, Executive Director
Human Resources, Director
Human Rights Commission, Executive Director
Human Services Agency, Executive Director
Juvenile Probation Commission, Chief Probation Officer
Local Agency Formation Commission, Executive Officer
Mayor
Municipal Transportation Agency, Executive Director/CEO
Planning, Director
Police Chief
Port, Director
Public Defender
Public Health, Director
Public Works, Director
Recreation and Park, General Manager
Residential Rent Stabilization and Arbitration Board, Executive Director
Retirement System, Executive Director
San Francisco Public Utilities Commission, General Manager
Sheriff
Sheriff’s Department Office of Inspector General, Inspector General
Small Business, Director
Technology, Executive Director
Treasurer
War Memorial and Performing Arts Center, Managing Director
(2) The following department heads shall file their Form 700 Statements of Economic Interests with the Ethics Commission:
Community College District, Chancellor
Health Authority, Chief Executive Officer
Housing Authority, Executive Director
Law Librarian-Secretary
San Francisco Unified School District, Superintendent
Transportation Authority, Executive Director
(c) Members of the Civil Grand Jury shall file their Form 700 Statements of Economic Interests with the Executive Officer of the Superior Court.
(d) All other persons holding designated positions shall file their Form 700 Statements of Economic Interests with their respective department head or the executive director of the agency.
(e) In instances where the proper filing officer for a particular, designated position is unclear, the Ethics Commission may designate the filing officer.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 320-10, File No. 101272, App. 12/23/2010; Ord. 9-13, File No. 120964, App. 2/4/2013, Eff. 3/6/2013, Oper. 1/1/2013; Ord. 251-16, File No. 161158, App. 12/22/2016, Eff. 1/21/2017; Ord. 232-17, File No. 170866, App. 12/8/2017, Eff. 12/8/2017; Ord. 7-21, File No. 201219, App. 1/22/2021, Eff. 2/22/2021, Oper. 2/22/2021; Ord. 89-21, File No. 210382, App. 7/2/2021, Eff. 8/2/2021; Ord. 84-22, File No. 220315, App. 5/31/2022, Eff. 7/1/2022, Oper. 7/1/2022; Ord. 189-22, File No. 220808, App. 9/8/2022, Eff. 10/9/2022; Ord. 13-23, File No. 221025, App. 2/9/2023, Eff. 3/12/2023; Ord. 89-24, File No. 240016, App. 5/10/2024, Eff. 6/10/2024)
(Derivation: Former Administrative Code Section 58.4)
The Ethics Commission shall maintain on its website, a database of the names, departments, and positions of persons who are required to file any statement required by Sections 3.1-101, 3.1-102, and 3.1-103 of the Campaign and Governmental Conduct Code (Form 700 Statements of Economic Interests, Sunshine Ordinance Declarations, and Certificates of Ethics Training) but have failed to file on a timely basis. The list shall be updated no later than ten days after the submittal of a statement. On or before April 10th of each year, the Ethics Commission shall notify each Commission Secretary, or any City staff who fulfills that role for each City board or commission, of the location of the current version of this list.
(Derivation: Former Administrative Code Section 58.5)
(a) Every appointing authority whose appointees file statements required by Sections 3.1-101 and 3.1-102 of the Campaign and Governmental Conduct Code with the Ethics Commission shall provide written notice to the Ethics Commission of the name of any appointee who has assumed or left office or employment. Such notice shall be provided within 15 days of the City officer or employee assuming or leaving office or employment. Failure to provide such notice may constitute official misconduct.
(b) If the Ethics Commission has been notified of the appointment of a member of a City board or commission pursuant to subsection (a), the Ethics Commission shall notify the appointed officer’s Commission secretary, or any City staff who fulfills that role, if the appointed officer has failed to timely file his or her initial Form 700 Statement of Economic Interests, Sunshine Ordinance Declaration, and Certificate of Ethics Training.
(c) Whenever the Mayor or a board or commission appoints a department head, or receives the resignation or retirement notice of a department head, the official or the secretary to the board or commission who makes the appointment or receives the resignation or retirement notice, shall inform the department head of the necessity to file within 30 days of assuming office or leaving office a statement of economic interests. The official or the secretary of the board or commission who makes the appointment or receives the resignation or retirement notice shall also inform the Ethics Commission of the appointment, resignation or retirement within 15 days of the department head's assumption of or departure from office. Such written notice shall include the name of the department head, and the date on which the department was appointed, resigned or retired. Upon receiving notice of the appointment, or the resignation or retirement, of the department head, the Ethics Commission shall perform the required duties of the filing officer and obtain the required statement of economic interests.
(Derivation: Former Administrative Code Section 58.6)
For each agency of the City and County of San Francisco, disclosure categories shall include Category 1 as specified in Section 3.1-107, and such additional categories as may be included in the Sections of this Chapter applicable to each such agency.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000)
(Derivation: Former Administrative Code Section 58.7)
Unless otherwise specified, for each department or agency, Disclosure Category 1 shall read:
"Disclosure Category 1. Persons in this category shall disclose income (including gifts) from any source, interests in real property, investments, and all business positions in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management."
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; Ord. 320-10, File No. 101272, App. 12/23/2010)
(Derivation: Former Administrative Code Section 58.8)
Loading...