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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)
(1) No City elective officer or member of a board or commission may use his or her public position or office to seek or obtain anything of value for the private or professional benefit of himself or herself, his or her immediate family, or for an organization with which he or she is associated.
(2) No City elective officer or member of a board or commission may, directly or by means of an agent, give, offer, promise to give, withhold, or offer or promise to withhold his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a contribution.
(3) No person may offer or give to an officer, directly or indirectly, and no City elective officer or member of a board or commission may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the officer’s vote, official actions, or judgment with respect to a particular pending legislative or administrative action, or could reasonably be considered as a reward for any official action or inaction on the part of the officer. This subsection (a)(3) does not prohibit a City elective officer or member of a board or commission from engaging in outside employment.
(b) Exception: public generally. The prohibition set forth in subsection (a)(1) shall not apply if the resulting benefit, advantage, or privilege also affects a significant segment of the public and the effect is not unique. For purposes of this subsection (b):
(1) A significant segment of the public is at least 25% of:
(A) all businesses or non-profit entities within the official’s jurisdiction;
(B) all real property, commercial real property, or residential real property within the official’s jurisdiction; or
(C) all individuals within the official’s jurisdiction.
(2) A unique effect on a public official’s financial interest includes a disproportionate effect on:
(A) the development potential or use of the official’s real property or on the income producing potential of the official’s real property or business entity;
(B) an official’s business entity or real property resulting from the proximity of a project that is the subject of a decision;
(C) an official’s interests in business entities or real properties resulting from the cumulative effect of the official’s multiple interests in similar entities or properties that is substantially greater than the effect on a single interest;
(D) an official’s interest in a business entity or real property resulting from the official’s substantially greater business volume or larger real property size when a decision affects all interests by the same or similar rate or percentage;
(E) a person’s income, investments, assets or liabilities, or real property if the person is a source of income or gifts to the official; or
(F) an official’s personal finances or those of his or her immediate family.
(Added by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018)
No person shall give or promise, and no officer or employee of the City and County may solicit or accept, any money or other valuable thing in consideration for (i) the person's nomination or appointment to any City and County office or employment, or promotion or other favorable City and County employment action, or (ii) any other person's nomination or appointment to any City and County office or employment or promotion or other favorable City and County employment action.
(Added by Proposition E, 11/4/2003)
(a) Recusal Procedures. Any member of a City board or commission who has a conflict of interest under Sections 3.206 or 3.207, or who must recuse himself or herself from a proceeding under California Government Code Section 84308, shall, in the public meeting of the board or commission, upon identifying a conflict of interest immediately prior to the consideration of the matter, do all of the following:
(1) publicly identify the circumstances that give rise to the conflict of interest in detail sufficient to be understood by the public, provided that disclosure of the exact street address of a residence is not required;
(2) recuse himself or herself from discussing or acting on the matter; and
(3) leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on and remains on the consent calendar.
(b) Recusal Notification. A member of a City board or commission who is required to file a statement of economic interests pursuant to Article III, Chapter 1 of the Campaign and Governmental Conduct Code shall file a recusal notification form each time the member recuses himself or herself, as required by subsection (a).
(1) The member shall file the original recusal notification form, along with a copy of the meeting agenda containing the item involving the conflict of interest, with the Ethics Commission within 15 calendar days after the date of the meeting at which the recusal occurred.
(2) The member shall file the recusal notification form with the Ethics Commission even if the member is not present at the meeting that would have involved the conflict of interest.
(3) The recusal notification form shall be filed under penalty of perjury in a method prescribed by the Ethics Commission and shall include, at a minimum, the following:
(A) the member’s name;
(B) the name of the member’s board or commission;
(C) the date of the meeting at which the recusal occurred or would have occurred;
(D) the agenda item number, a brief description of the matter, and a statement of whether the matter concerns the making of a contract; and
(E) the financial interest causing the recusal.
(c) Exception. The requirements of this Section 3.209 shall not apply to the members of the Board of Supervisors.
(Added by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019)
(a) Prohibition. No officer or employee of the City and County shall knowingly vote on or attempt to influence a governmental decision involving his or her own character or conduct, or his or her appointment to any office, position, or employment.
(b) Exceptions. Nothing in this Section shall prohibit an officer or employee from (i) responding to allegations, applying for an office, position, or employment, or responding to inquiries; or (ii) participating in the decision of his or her board, commission, or committee to choose him or her as chair, vice chair, or other officer of the board, commission, or committee.
(Added by Proposition E, 11/4/2003)
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