(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)