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(a) The people of the City and County of San Francisco declare that public office is a public trust and all officers and employees of the City and County shall exercise their public duties in a manner consistent with this trust. To assure that the governmental processes of the City and County promote fairness and equity for all residents and to maintain public trust in governmental institutions, the people of the City and County declare that they have a compelling interest in creating laws regulating conflicts of interest and outside activities of City officers and employees.
(b) The proper operation of the government of the City and County of San Francisco requires that public officers and employees be independent, impartial, and responsible to the people and that public office and employment not be used for personal gain. The public interest, therefore, requires that officers and employees of the City and County be prohibited from making, participating in making or otherwise seeking to influence governmental decisions in which they have a financial interest or accepting gifts and other things of value from regulated sources.
(c) In order to maintain the public's confidence in the integrity of governmental decisions related to the appointment and discipline of public officers and employees, public officers and employees must not give or receive anything of value in consideration of their appointment or accept anything of value from their subordinates, and must not participate in decisions related to their own character or conduct or that of their family members.
(d) City and County contracts should be, and should appear to be, awarded on a fair and impartial basis. The practice of members of Boards and Commissions of the City and County contracting with the City and County creates the potential for, and the appearance of, favoritism or preferential treatment by the City and County. Prohibiting members of Boards and Commissions of the City and County from contracting with the City and County will eliminate both actual and perceived favoritism or preferential treatment without creating unnecessary barriers to public service.
(e) Government decisions of officers and employees of the City and County should be, and should appear to be, made on a fair and impartial basis. The practice of former officers and employees communicating with their former colleagues on behalf of private interests and the practice of current officers of the City and County communicating with other officers and employees on behalf of any other person for compensation creates the potential for, and the appearance of, undue influence, favoritism or preferential treatment. Prohibiting former officers and employees from communicating orally, in writing, or in any other manner with their former colleagues for specified periods of time and prohibiting current officers from communicating orally, in writing, or in any other manner with other officers and employees of the City and County on behalf of any other person for compensation will eliminate both actual and perceived undue influence, favoritism or preferential treatment without creating unnecessary barriers to public service.
(Added by Proposition E, 11/4/2003) (Former Section 3.200 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition E, 11/4/2003. Derivation: Former Administrative Code Section 16.980; added by Ord. 374-96, App. 9/30/96)
This Chapter shall be liberally construed in order to effectuate its purposes, provided that nothing in this Chapter shall be interpreted or applied to prohibit officers, members and representatives of employee organizations from engaging in organizational activities that are protected by the California Meyers-Milias-Brown Act, the First Amendment to the United States Constitution or any other federal, state or local law. No error, irregularity, informality, neglect or omission of any officer in any procedure taken under this Chapter which does not directly affect the jurisdiction of the Board of Supervisors or the City and County to control the ethical conduct of its officers and employees shall avoid the effect of this Chapter.
(Added by Proposition E, 11/4/2003)
Whenever in this Chapter 2 the following words or phrases are used, they shall mean:
“Affiliate” shall mean any member of an entity’s board of directors or any of that entity’s principal officers, including its chairperson, chief executive officer, chief financial officer, chief operating officer, and any person with an ownership interest of more than 10% in the entity.
“Anything of value” shall mean any money or property, private financial advantage, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the City or contributions as defined herein.
“Appointed department head” shall mean any department head who is required to file a Statement of Economic Interests as set forth in Section 3.1-103(b)(1) of this Code, except for the Assessor-Recorder, City Attorney, District Attorney, Mayor, Public Defender, Sheriff, and Treasurer.
“Associated,” when used in reference to an organization, shall mean any organization in which an individual or a member of his or her immediate family is a director, officer, or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the equity, or of which an individual or a member of his or her immediate family is an agent or employee.
“City elective officer” shall mean a person who holds the office of Mayor, Member of the Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor and Public Defender.
“Contract” shall mean any agreement, including any amendment or modification to an agreement, with the City and County of San Francisco for:
(a) the rendition of personal services,
(b) the furnishing of any material, supplies, or equipment,
(c) the sale or lease of any land or building,
(d) a grant, loan, or loan guarantee, or
(e) a development agreement.
“Contribution” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq.
“Department head” shall mean any City official who is required to file a Statement of Economic Interests as set forth in Section 3.1-103(b)(1) of this Code.
“Doing business with the department” shall mean:
(a) being a party to or seeking to become a party to a contract with the department, until 12 months after the term of the contract ends or, if no contract is approved, 12 months after negotiations regarding the contract terminate; or
(b) seeking, obtaining, or possessing a license, permit, or other entitlement for use issued by the department, and appealable to or approved by the department head, the department’s board or commission, or the Board of Supervisors, until 12 months after the date the license, permit, or other entitlement for use was issued, extended, or otherwise approved or, if no license, permit, or other entitlement for use was issued or approved, 12 months after the day the final decision not to issue or approve was made.
“Family member” shall mean an immediate family member, sibling, parent, grandparent, grandchild, aunt, uncle, niece, nephew, or sibling of a spouse or registered domestic partner. Each term shall be inclusive of relationships established by birth, adoption, or marriage.
“Fundraising” shall mean:
(a) requesting that another person make a contribution;
(b) inviting a person to a fundraising event;
(c) supplying names to be used for invitations to a fundraiser;
(d) permitting one’s name or signature to appear on a solicitation for contributions or an invitation to a fundraising event;
(e) permitting one’s official title to be used on a solicitation for contributions or an invitation to a fundraising event;
(f) providing the use of one’s home or business for a fundraising event;
(g) paying for at least 20% of the costs of a fundraising event;
(h) hiring another person to conduct a fundraising event;
(i) delivering a contribution, other than one’s own, by whatever means to a City elective officer, a candidate for City elective office, or a candidate- controlled committee; or
(j) acting as an agent or intermediary in connection with the making of a contribution.
“Gift” shall mean any payment that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. Any gift exceptions established by State law shall not apply to “gift,” as used in this Chapter.
“Immediate family” shall mean spouse, registered domestic partner, and dependent children.
“License, permit, or other entitlement for use” shall mean business, professional, trade, and land use licenses and permits and other entitlements for use, including land use entitlements, as defined in California Government Code Section 84308 and its implementing regulations, as amended from time to time, provided that “entitlement for use” shall not include any contract, as defined in this Section 3.203.
“Officer” shall mean any person holding City elective office; any member of a board or commission required by Article III, Chapter 1 of this Code to file a statement of economic interests; any person appointed as the chief executive officer under any such board or commission; the head of each City department; the Controller; and the City Administrator.
“Payment” shall mean a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services, or anything else of value, whether tangible or intangible.
“Restricted source” shall mean:
(a) a person doing business with or seeking to do business with the department of the officer or employee;
(b) for members of boards and commissions, including the Board of Supervisors, a person doing business with any City department pursuant to a contract that required the approval of the board or commission;
(c) a person seeking, obtaining, or possessing a license, permit, or other entitlement for use, in which the officer or employee was personally and substantially involved, until 12 months after the date the license, permit, or other entitlement for use was issued, extended, amended, or otherwise approved or, if no license, permit, or other entitlement for use was issued or approved, 12 months after the day the final decision not to issue or approve was made.
(d) an affiliate of an entity that qualifies as a restricted source under (a), (b), or (c);
(e) a person who during the prior 12 months knowingly attempted to influence the officer or employee in any legislative or administrative action;
(f) for officers, a registered lobbyist; or
(g) any permit consultant, as defined under Article III, Chapter 4 of this Code, who has registered as a permit consultant with the Ethics Commission, if the permit consultant has reported any contacts with the designated employee’s or officer’s department to carry out permit consulting services during the prior 12 months.
“Solicit” shall mean personally requesting a contribution for any candidate or committee, either orally or in writing.
“Subordinate employee” shall mean an employee of any person whose official City responsibilities include directing or evaluating the performance of the employee or any of the employee’s supervisors.
(Added by Ord. 244-09, File No. 091013, App. 12/3/2009; amended by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018; Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
The voters may amend or repeal this Chapter. The Board of Supervisors may amend this Chapter if all of the following conditions are met:
(a) The amendment furthers the purposes of this Chapter;
(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;
(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and
(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.
(Added by Proposition E, 11/4/2003; amended by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(a) Ethics Training Requirement. Each City officer and employee required to file a statement of economic interests under Article III, Chapter 1 of this Code shall annually complete an ethics training.
(b) Administration and Content of Ethics Training. The Ethics Commission shall administer the ethics training required under subsection (a). The Ethics Commission shall determine the contents and format of the training, which shall provide information about state and local governmental ethics laws that apply to City officers and employees.
(c) Notice. Every department, board, commission, and agency of the City and County shall annually provide to its officers and employees a copy of a summary to be created by the Ethics Commission of relevant state and local ethics laws.
(Added by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(a) Incorporation of the California Political Reform Act. No officer or employee of the City and County shall make, participate in making, or seek to influence a decision of the City and County in which the officer or employee has a financial interest within the meaning of California Government Code Section 87100 et seq. and any subsequent amendments to these Sections.
(b) Incorporation of California Government Code 1090, et seq. No officer or employee of the City and County shall make a contract in which he or she has a financial interest within the meaning of California Government Code Section 1090 et seq. and any subsequent amendments to these Sections.
(c) Future Employment. No officer or employee of the City shall make, participate in making, or otherwise seek to influence a governmental decision, affecting a person or entity with whom the officer or employee is discussing or negotiating an agreement concerning future employment.
(Added by Proposition E, 11/4/2003)
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