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(a) Prohibitions. City officers and employees shall not engage in the following activities:
(1) Activities Subject to the Department’s Jurisdiction. City officers and employees shall not engage in activities that are subject to the control, inspection, review, audit, permitting, enforcement, contracting, or are otherwise within the responsibility of the officer or employee’s department. But City officers and employees may engage in certain activities including, but not limited to, the following: being a party to a matter before or otherwise appearing before one’s own department or commission on behalf of oneself or one’s immediate family, filing or otherwise pursuing claims against the City on one’s own behalf, making a public records disclosure request or other request for information as permitted by law, attending and participating in a meeting of a board, commission, or other policy body under the Brown Act or Sunshine Ordinance, and engaging in non-compensated, volunteer activity for a nonprofit organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(5). Incompatible activities prohibited by this subsection (a)(1) shall include, but are not limited, to the following:
(A) contracting with one’s own department or serving on the board of directors for an entity that contracts with one’s own department (but this prohibition shall not extend to any entity solely because an officer or employee’s spouse or registered domestic partner serves as a member of its board of directors);
(B) acquiring an ownership interest in real property, if the officer or employee had participated personally and substantially in the permitting or inspection of that property within the 12 months prior to the acquisition; and
(C) having or acquiring a financial interest in any financial products issued or regulated by the officer or employee’s department.
(2) Selective Assistance. City officers and employees shall not provide assistance or advice that is not generally available to all persons, in a manner that confers an advantage on any person who is doing business or seeking to do business with the City. This subsection (a)(2) shall not prohibit an officer or employee from communicating with individual applicants regarding the individual’s application, bid, or proposal, provided that such assistance is provided on an impartial basis to all applicants who request it and is part of the officer or employee’s City duties.
(3) Use of City Resources. City officers and employees shall not engage in the use, other than minimal or incidental use, of the time, facilities, equipment, or supplies of the City for private gain or advantage. Nothing in this subsection (a)(3) shall be interpreted or applied to interfere with, restrict, or supersede any rights or entitlements of employees, recognized employee organizations, or their members under state law or regulation or pursuant to provisions of a collective bargaining agreement to use City facilities, equipment, or resources.
(4) Use of Prestige of Office. City officers and employees shall not engage in the use of any marker (including without limitation a badge, uniform, or business card), prestige, or influence of the City officer or employee’s position for private gain or advantage.
(5) Use of City Work Product. City officers and employees shall not sell, publish, or otherwise use, in exchange for anything of value and without appropriate authorization, any non-public materials that were prepared on City time or while using City facilities, property (including without limitation, intellectual property), equipment, or other materials. Nothing in this subsection (a)(5) shall be interpreted or applied to interfere with, restrict, or supersede any rights or entitlements of employees, recognized employee organizations, or their members under state law or regulation or pursuant to provisions of a collective bargaining agreement to use public materials for collective bargaining agreement negotiations.
(6) Acting as an Unauthorized City Representative. City officers and employees shall not hold themselves out as a representative of their departments, or as an agent acting on behalf of their departments, unless authorized to do so, including the use of City letterhead, title, e-mail, business card, or any other resource for any communication that may lead the recipient of the communication to think that the officer or employee is acting in an official capacity when the officer or employee is not.
(7) Compensation for City Duties or Advice. City officers and employees shall not receive or accept a payment from anyone other than the City for the performance of a specific service or act the officer or employee would be expected to render or perform in the regular course of their City duties or for advice about the processes of the City directly related to the officer or employee’s duties and responsibilities or the processes of the officer or employee’s department.
(8) Lobbying Activity. City officers and employees shall not receive or accept a payment from anyone other than the City in exchange for communicating with any other City officer or employee within their own department with the intent to influence an administrative or legislative action.
(b) Excessive Time Demands or Regular Disqualifications. No City appointed department head or employee may engage in any activity that either imposes excessive time demands such that it materially impairs the appointed department head’s or employee’s performance of their City duties or that disqualifies the appointed department head or employee from their City assignments or responsibilities on a regular basis.
(1) Advance Written Determination. An appointed department head or employee may seek an advance written determination from the decision-maker specified in subsection (b)(2) below as to whether a proposed outside activity would impose excessive time demands or require regular disqualifications and would therefore be prohibited under this subsection (b).
(2) Decision-Maker.
(A) For a request by an employee, the department head of the employee’s department or the department head’s designee shall be the decision-maker on a request for an advance written determination. If the department head delegates the decision-making to a designee and if the designee determines that the proposed activity imposes excessive time demands or results in regular disqualifications, the employee may appeal that determination to the department head.
(B) For a request by an appointed department head, the department head’s appointing authority shall be the decision-maker on a request for an advance written determination.
(C) The decision-maker shall respond to the request by providing a written determination to the requestor by mail, email, personal delivery, or other reliable means. For a request by an employee, the decision-maker shall provide the determination within a reasonable period of time depending on the circumstances and the complexity of the request, but not later than 20 working days from the date of the request. If the decision-maker does not provide a written determination to the employee within 20 working days from the date of the employee’s request, the proposed activity will be determined not to violate this Subsection 3.218(b).
(3) Effect. An advance written determination approved by the appropriate decision-maker that an activity does not impose excessive time demands or require regular disqualifications provides the officer or employee immunity from any subsequent enforcement action for a violation of subsection (b) if the material facts are as presented in the appointed department head or employee’s request for an advance written determination. An advance written determination cannot exempt the requestor from any other applicable laws.
(4) Public Records. Requests for advance written determinations and advance written determinations, including approvals and denials, are public records.
(c) Statements of Incompatible Activities. Statements of Incompatible Activities adopted and approved prior to March 5, 2024 are hereby repealed and shall no longer have any legal effect. Any administrative or disciplinary proceedings initiated prior to the repeal of a Statement of Incompatible Activities alleging violations of the Statement of Incompatible Activities may continue.
(Added by Proposition E, 11/4/2003; amended by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
Any person holding an office under the City and County with an annual salary in excess of $2,500, whether by election or by appointment, who shall, during his or her term of office, hold or retain any other office with such a salary under the government of the United States, the State of California, or the City and County shall be deemed to have thereby vacated the office held by him or her under the City and County. For the purposes of this Section, the term salary does not include: (1) a stipend, per diem, or other payment provided for attendance at meetings; or (2) health, dental or vision insurance, or other non-cash benefits.
(Added by Proposition E, 11/4/2003)
(a) Definitions. For purposes of this Section, the following definitions shall apply:
(1) Business. The term "business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, or other legal entity or undertaking organized for economic gain.
(2) City and County. The term "City and County" includes any commission, board, department, agency, committee, or other organizational unit of the City and County of San Francisco.
(3) Contract. The term "contract" means any agreement other than a grant or an agreement for employment in exchange for salary and benefits.
(4) Subcontract. The term "subcontract" means a contract to perform any work that a primary contractor has an agreement with the City and County, the San Francisco Redevelopment Agency, the San Francisco Housing Authority, the San Francisco Unified School District, or the San Francisco Community College District to perform.
(b) Prohibition. During his or her term of office, no officer shall enter, submit a bid for, negotiate for, or otherwise attempt to enter, any contract or subcontract with the City and County, the San Francisco Redevelopment Agency, the San Francisco Housing Authority, the San Francisco Unified School District, or the San Francisco Community College District, where the amount of the contract or the subcontract exceeds $10,000.
(c) Exceptions. This Section shall not apply to the following contracts or subcontracts:
(1) A contract or subcontract with a nonprofit organization;
(2) A contract or subcontract with a business with which an officer is affiliated unless the officer exercises management and control over the business. A member exercises management and control if he or she is:
(A) An officer or director of a corporation;
(B) A majority shareholder of a closely held corporation;
(C) A shareholder with more than five percent beneficial interest in a publicly traded corporation;
(D) A general partner or limited partner with more than 20 percent beneficial interest in the partnership; or
(E) A general partner regardless of percentage of beneficial interest and who occupies a position of, or exercises management or control of the business;
(3) A contract or subcontract entered into before a member of a board or commission commenced his or her service;
(4) An agreement to provide property, goods or services to the City and County at substantially below fair market value; or
(5) A settlement agreement resolving a claim or other legal dispute.
(d) Waiver. The Ethics Commission may waive the prohibitions in this section for any officer who, by law, must be appointed to represent any profession, trade, business, union or association.
(e) Limitation. Failure of an officer to comply with this Section shall not be grounds for invalidating any contract with the City and County.
(Added by Proposition E, 11/4/2003; Ord. 244-09, File No. 091013, App. 12/3/2009)
(a) Prohibition. No officer of the City and County shall directly or indirectly receive any form of compensation to communicate orally, in writing, or in any other manner on behalf of any other person with any other officer or employee of the City and County with the intent to influence a government decision.
(b) Exceptions. This section shall not apply to any communication by: (1) an officer of the City and County on behalf of the City and County; (2) an officer of the City and County on behalf of a business, union, or organization of which the officer is a member or full-time employee; (3) an associate, partner or employee of an officer of the City and County, unless it is clear from the totality of the circumstances that the associate, partner or employee is merely acting as an agent of the City and County officer; or (4) a City officer in his or her capacity as a licensed attorney engaged in the practice of law, which includes representing clients in communications with the City Attorney's Office, District Attorney's Office, Public Defender's Office, attorneys in the Tax Collector's Office or Sheriff's Office, outside legal counsel hired by the City, representatives of the City who are named in a pending litigation matter or witnesses or potential witnesses in a pending litigation matter.
(c) Waiver. The Ethics Commission may waive the prohibitions in this section for any officer who, by law, must be appointed to represent any profession, trade, business, union or association.
(Added by Proposition E, 11/4/2003; Ord. 97-06, File No. 051837, App. 5/19/2006; Ord. 244-09, File No. 091013, App. 12/3/2009)
No officer or employee of the City and County shall: (a) receive any money, gift or other thing of economic value from a person or entity other than the City and County for referring a member of the public to a person or entity for any advice, service or product related to the processes of the City and County; or (b) condition any governmental action on a member of the public hiring, employing, or contracting with any specific person or entity. The Ethics Commission may waive the restriction in Subsection (b) if the Commission determines that granting a waiver is necessary for the proper administration of a governmental program or action.
(Added by Proposition E, 11/4/2003)
No current or former officer or employee of the City and County shall: (a) willfully or knowingly disclose any confidential or privileged information, unless authorized or required by law to do so; or (b) use any confidential or privileged information to advance the financial or other private interest of himself or herself or others. Confidential or privileged information is information that at the time of use or disclosure was not subject to disclosure under the Sunshine Ordinance or California Public Records Act.
(Added by Proposition E, 11/4/2003)
(a) Solicitation of Contributions. No City officer or employee shall knowingly, directly or indirectly, solicit political contributions from other City officers or employees or from persons on employment lists of the City. Nothing in this Section shall prohibit a City officer or employee from communicating through the mail or by other means requests for political contributions to a significant segment of the public which may include City officers or employees.
(b) Political Activities in Uniform. No City officer or employee shall participate in political activities of any kind while in uniform.
(c) Political Activities on City Time or Premises. No City officer or employee may engage in political activity during working hours or on City premises. For the purposes of this Subsection, the term "City premises" shall not include City owned property that is made available to the public and can be used for political purposes.
(Added by Proposition E, 11/4/2003)
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