San Francisco County Municipal Code Ch. 2 Conflict of Interest and Other

PROHIBITED ACTIVITIES Sec. 3.200. Findings and Purpose. Sec. 3.201. Citation. Sec. 3.202. Construction. Sec. 3.203. Definitions. Sec. 3.204. Amendment or Repeal of this Chapter. Sec. 3.205. Ethics Commission Training. Sec. 3.206. Financial Conflicts of Interest.

Sec. 3.207. Additional Conflicts of Interest for City Elective Officers and Members of Boards and Commissions. Sec. 3.208. Appointments and Nominations. Sec. 3.209. Recusals. Sec. 3.210. Voting on Own Character or Conduct. Sec. 3.212. Decisions Involving Family Members. Sec. 3.214. Disclosure of Personal, Professional and Business Relationships. Sec. 3.216. Bribery and Gifts. Sec. 3.217. Disclosure of Gifts to the City. Sec. 3.218. Incompatible Activities. Sec. 3.220. Prohibition on Dual Office Holding. Sec. 3.222. Prohibiting Officers From Contracting With the City and County. Sec. 3.224. Prohibition on Representing Private Parties Before Other City Officers and Employees – Compensated Advocacy. Sec. 3.226. Referrals. Sec. 3.228. Disclosure or Use of Confidential City Information. Sec. 3.230. Prohibition on Political Activity. Sec. 3.231. Prohibitions on Political Activity for City Elective Officers and Members of Boards and Commissions. Sec. 3.232. Prohibition on Use of Public Funds for Printed Greeting Cards. Sec. 3.234. Post-Employment and Post-Service Restrictions. Sec. 3.236. Aiding and Abetting. Sec. 3.238. Filing of False Charges. Sec. 3.240. Provision of False or Misleading Information; Withholding of Information; and Duty to Cooperate and Assist. Sec. 3.242. Penalties and Enforcement. Sec. 3.243. Electronic Filing of Disclosures. Sec. 3.244. Severability.

(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 may be cited as the San Francisco Government Ethics Ordinance. (Added by Ord. 244-09, File No. 091013, App. 12/3/2009)

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)

ELECTIVE OFFICERS AND MEMBERS OF BOARDS AND COMMISSIONS.

(a) Prohibitions. In addition to the restrictions set forth in Section 3.206 and other provisions of this Chapter 2, the following shall also constitute conflicts of interest for City elective officers and members of boards and commissions: (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)

(a) Prohibition. No officer or employee of the City and County may make, participate in making, or otherwise seek to influence a decision of the City and County regarding an employment action involving a relative. Nothing in this Section shall prohibit an officer or employee from acting as a personal reference or providing a letter of reference for a relative who is seeking appointment to a position in any City department, board, commission or agency other than the officer or employee's department, board, commission or agency or under the control of any such department, board, commission or agency. (b) Delegation. A Department Head who is prohibited under Subsection (a) from participating in an employment action involving a relative shall delegate in writing to an employee within the department any decisions regarding such employment action. (c) Definitions. For purposes of this Section, the term "employment action" shall be limited to hiring, promotion, or discipline, and the term "relative" shall mean a spouse, domestic partner, parent, grandparent, child, sibling, parent-in-law, aunt, uncle, niece, nephew, first cousin, and includes any similar step relationship or relationship created by adoption. (Added by Proposition E, 11/4/2003)

BUSINESS RELATIONSHIPS.

(a) Disclosure. A City officer or employee shall disclose on the public record any personal, professional, or business relationship with any person who is the subject of or has an ownership or financial interest in the subject of a governmental decision being made by the officer or employee where as a result of the relationship, the ability of the officer or employee to act for the benefit of the public could reasonably be questioned. For the purposes of this Section 3.214, the minutes of a public meeting at which the governmental decision is being made, or if the governmental decision is not being made in a public meeting, a memorandum kept on file at the offices of the City officer or employee’s department, board, commission, or agency shall constitute the public record. (b) Penalties. A court may void any governmental decision made by a City officer or employee who fails to disclose a relationship as required by subsection (a) if the court determines that: (1) the failure to disclose was willful; and (2) the City officer or employee failed to render their decision with disinterested skill, zeal, and diligence and primarily for the benefit of the City. (c) Regulations. The Ethics Commission may adopt regulations setting forth the types of personal, professional, and business relationships that must be disclosed pursuant to this Section 3.214 and how the required disclosure must be made and archived. (Added by Proposition E, 11/4/2003; amended by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)

(a) Prohibition on Bribery. (1) No City officer or employee shall solicit for the benefit of any person, or accept, anything of value or contribution from any person, with the intent that the City officer or employee will be influenced or rewarded thereby in the performance of any official act. (2) No person shall offer, provide, or agree to provide anything of value or contribution to any person, with intent to influence or reward thereby any City officer or employee in the performance of any official act. (b) Restricted Source Rules. In addition to the gift limits, prohibitions, and reporting requirements imposed by the Political Reform Act and this Code and any subsequent amendments thereto, the following shall be prohibited: (1) No City officer or employee may solicit, coordinate, facilitate, or accept, any gift for themselves or for any other City officer or employee from a person who the officer or employee knows or has reason to know is a restricted source for themselves or for the recipient of the gift. (2) No City officer or employee may solicit or accept a gift from any person, including any gift obtained through a City department, if the officer or employee knows or has reason to know that the gift was funded, provided, or directed by a restricted source. (3) No City officer or employee may solicit or accept any gift from a restricted source for any of their family members. (4) No lobbyist or permit consultant may offer or make a gift to any officer or employee, or any of the officer’s or employee’s family members, nor direct the offer or making of any gift by any other person, if the lobbyist or permit consultant knows or has reason to know that they are a restricted source for the officer or employee. For purposes of this subsection (b)(4), a person who is required to register as a lobbyist or permit consultant and file disclosures but fails to do so shall be considered a restricted source for any official for whom, had the person properly registered and file disclosures, the person would be considered a restricted source. (5) No lobbyist or permit consultant may make a payment to an intermediary, including any City department, if the lobbyist or permit consultant knows or has reason to know that the intermediary will use the payment to provide a gift to any City officers or employees and that they are a restricted source for the officers or employees. (6) No person may accept or use a payment on condition or with the agreement or mutual understanding that the payment will be used for a gift to an officer or employee, if the person knows or has reason to know that the source of the payment is a restricted source for the officer or employee. (7) Regulations. The Ethics Commission may issue regulations implementing this Section 3.216, including regulations exempting certain gifts. (c) Gifts and Loans from Subordinates. No officer or employee shall solicit or accept any gift or loan, either directly or indirectly, from any subordinate or employee under their supervision or from any candidate or applicant for a position as a subordinate or employee under their supervision. The Ethics Commission may issue regulations implementing this Section 3.216, including regulations exempting certain gifts that are given under circumstances in which gifts are traditionally given or exchanged. (d) Gifts of Travel. (1) Gifts to Elected Officers. In addi- tion to the gift limits and reporting requirements imposed by the Political Reform Act and this Code, no elected officer may accept a gift of transportation, lodging, or subsistence for any out-of-state trip paid for in part by an individual or entity other than the City and County of San Francisco, another governmental body, or a bona fide educational institution, defined in Section 203 of the Revenue and Taxation Code, unless the officer has first disclosed on a form filed with the Ethics Commission: (A) the name of the individual or entity and the total amount that will be paid by the individual or entity to fund the trip, including but not limited to the amount directly related to the cost of the elected officer’s transportation, lodging, and subsistence;

(B) the name, occupation and em- ployer of any contributor who has contributed more than $500 to the individual or entity funding the trip and whose contributions were used in whole or in part to fund the trip; (C) a description of the purpose of the trip and the itinerary; and (D) the name of any individual accompanying the official on the trip who is: (i) a City employee required to file a Statement of Economic Interests, (ii) a lobbyist or campaign consultant registered with the Ethics Commission, (iii) an employee of or individual who has any ownership interest in a lobbyist or campaign consultant registered with the Ethics Commission, or (iv) the individual funding the trip, or an employee or officer of the entity funding the trip. (2) Reimbursement of Gifts of Trav- el. In addition to any other reporting requirements imposed by the Political Reform Act or local law, an elected officer who reimburses an individual or entity for a gift of transportation, lodging or subsistence related to out-of- state travel and thereby avoids having received or accepted the gift shall file a form with the Ethics Commission within 30 days of such reimbursement disclosing: (A) the name of the individual or entity that originally paid for the transportation, lodging or subsistence; (B) the amount paid by the individ- ual or entity for the elected officer’s transporta- tion, lodging or subsistence; (C) the amount reimbursed by the elected officer to the individual or entity and the process used to determine that amount; and (D) a description of the purpose of the trip and the itinerary. (3) Format. The Ethics Commission shall provide forms for the disclosure required by this subsection and shall make the completed forms available on its website. (4) Definition. For the purpose of this subsection, the term “elected officer” means the Mayor, member of the Board of Supervisors, City Attorney, District Attorney, Public Defender, Assessor, Treasurer, and Sheriff. (e) Restrictions. Nothing in this section 3.216 shall prohibit a City department, agency, board, or commission from imposing additional gift restrictions on its officers or employees. (f) Aggregation of Gifts. For purposes of this Section 3.216, gifts shall be aggregated as set forth in California Code of Regulations, Title 2, Section 18945.1, as amended from time to time. (Added by Proposition E, 11/4/2003; amended by Ord. 128-06, File No. 060217, App. 6/22/2006; Ord. 301-06, File No. 061333, App. 12/18/2006; Ord. 107-11, File No. 110335, App. 6/20/2011, Eff. 7/20/2011; Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)

(a) Disclosure Requirement. Any department head whose City department receives any payment from a non-City source for which equal or greater consideration is not provided by the department must disclose the payment to the Ethics Commission. A department head who fails to timely report any such payment, or, if the department head has delegated the filing responsibility to a subordinate, whose subordinate fails to timely report any such payment, may be subject to discipline by the department head’s appointing authority but shall not be subject to penalties under Section 3.242. (b) Contents. The disclosure required in subsection (a) must include the following: (1) the name of the source of the payment; (2) the date of the payment; (3) the total value of the payment; (4) if the payment includes goods or services, a description of the goods or services; (5) the purpose and use of the payment; (6) the name of any City officer or employee that receives a personal benefit from the gift or through the City’s use of the gift; (7) a description and valuation of the personal benefits received by any City officer or employee through the department’s use of the gift; (8) a description of any contract that the payor has with the department; (9) a description of any license, permit, or other entitlement for use that the payor is currently seeking from the department or has been issued by the department within the last 12 months to the payor; and (10) a description of any financial interest the payor has involving the City.

(c) Deadline for Initial Filing. The disclosure required in subsection (a) must be filed no later than the fifteenth calendar day following the end of the month in which the payment was received by the department. (d) Supplemental Filings. If any of the information disclosed by the department head in the initial filing made pursuant to subsection (c) changes after the time of the initial filing, the department head must submit a supplemental filing within 30 days that describes those changes. (e) Form. The disclosures required by this Section 3.217 must be made in a form and format prescribed by the Ethics Commission and may include an electronic format. (f) Exception – Payments from Government Agencies. Payments from local, state, and federal government agencies to City departments are not subject to the disclosures required in this Section 3.217. (Added by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)

(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)

CITY AND COUNTY. (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)

BEFORE OTHER CITY OFFICERS AND EMPLOYEES – COMPENSATED ADVOCACY. (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)

INFORMATION. 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)

ELECTIVE OFFICERS AND MEMBERS OF BOARDS AND COMMISSIONS. (a) Solicitation of Campaign Volunteers. No City elective officer or member of a board or commission shall solicit uncompensated volunteer services from any subordinate employee for a campaign for or against any ballot measure or candidate. (b) Fundraising for Appointing Authorities. No member of a board or commission may engage in fundraising on behalf of (1) the officer’s appointing authority, if the appointing authority is a City elective officer; (2) any candidate for the office held by the officer’s appointing authority; or (3) any committee controlled by the officer’s appointing authority. For the purposes of this subsection, “member of a board or commission” shall not include a member of the Board of Supervisors. (Added by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018)

GREETING CARDS. (a) Definitions. The term "greeting card" means any printed card that celebrates or recognizes a holiday. (b) Prohibition. No public funds may be used to design, produce, create, mail, send, or deliver any printed greeting card. The Controller of the City and County of San Francisco shall, in the Controller's sole discretion, determine whether a payment is prohibited under this Section. The Controller's decision regarding whether a payment is prohibited under this Section is final.

(Added by Proposition E, 11/4/2003)

(a) All Officers and Employees. (1) Permanent Restriction on Representation In Particular Matters. (A) Prohibition. No former officer or employee of the City and County, after the termination of his or her service or employment with the City, shall, with the intent to influence, act as agent or attorney, or otherwise represent, any other person (except the City and County) before any court, or before any state, federal, or local agency, or any officer or employee thereof, by making any formal or informal appearance or by making any oral, written, or other communication in connection with a particular matter: (i) in which the City and County is a party or has a direct and substantial interest; (ii) in which the former officer or employee participated personally and substantially as a City officer or employee; and (iii) which involved a specific party or parties at the time of such participation. (B) Restriction on assisting others. No former officer or employee of the City and County, after the termination of his or her service or employment with the City, shall aid, advise, counsel, consult or assist another person (except the City and County) in any proceeding in which the officer or employee would be precluded under Subsection (A) from personally appearing. (C) Exception for testimony. The prohibitions in Subsections A and B do not prohibit a former officer or employee of the City and County from testifying as a witness, based on the former officer's or employee's personal knowledge, provided that no compensation is received other than the fees regularly provided for by law or regulation of witnesses. (2) One-Year Restriction on Communicating with Former Department. No current or former officer or employee of the City and County, for one year after termination of his or her service or employment with any department, board, commission, office or other unit of the City, shall, with the intent to influence a government decision, communicate orally, in writing, or in any other manner on behalf of any other person (except the City and County) with any officer or employee of the department, board, commission, office or other unit of government, for which the officer or employee served. (3) Employment With Parties That Contract With The City. No current or former officer or employee of the City shall be employed by or otherwise receive compensation from a person or entity that entered into a contract with the City within the preceding 12 months where the officer or employee personally and substantially participated in the award of the contract. (b) Mayor, Members of the Board of Supervisors, and their Senior Staff Members. (1) One year restriction on communicating with City departments. For purposes of the one-year restriction under subsection (a) (2), the "department" for which a former Mayor, a former member of the Board of Supervisors, or a former senior staff member to either the Mayor or a member of the Board of Supervisors served shall be the City and County and the prohibition in subsection (a)(2) shall extend to communications with: (A) a board, department, commission or agency of the City and County; (B) an officer or employee of the City and County; (C) an appointee of a board, department, commission, agency, officer, or employee of the City and County; or (D) a representative of the City and County. For the purposes of this subsection, "a former senior staff member to either the Mayor or a member of the Board of Supervisors" means an individual employed in any of the following positions at the time the individual terminated his or her employment with the City: the Mayor's Chief of Staff, the Mayor's Deputy Chief of Staff, a Legislative Aide to a member of the Board of Supervisors or a position that the Ethics Commission determines by regulation is an equivalent position based on an analysis of the functions and duties of the position. (2) City service. (A) Except as provided in Subsection (B), no former Mayor or member of the Board of Supervisors shall be eligible for a period of one year after the last day of service as Mayor or member of the Board of Supervisors, for appointment to any full time, compensated employment with the City and County. This restriction shall not apply to a former Mayor or Supervisor elected to an office of the City and County, appointed to fill a vacancy in an elective office of the City and County, or appointed to a board or commission in the executive branch. (B) Notwithstanding the one-year restriction in Subsection (A), a former Mayor who was appointed to that office under Charter Section 13.101.5 to fill a vacancy shall be eligible for appointment to any City employment, provided that (i) the former Mayor did not file a declaration of candidacy for election to the office of Mayor after being appointed to that office, (ii) the former Mayor was employed by the City immediately prior to assuming the office of Mayor, and (iii) the salary in the first year of the new employment shall not exceed the salary received by the former Mayor in the City employment that he or she held immediately prior to assuming office as Mayor.

(c) Waiver. (1) At the request of a current or former City employee or officer, the Ethics Commission may waive any of the restrictions in Subsections (a)(1) and (a)(2) if the Commission determines that granting a waiver would not create the potential for undue influence or unfair advantage. (2) At the request of a current or former City employee or officer, the Ethics Commission may waive any of the restrictions in Subsections (a)(1) and (a)(2) for members of City boards and commissions who, by law, must be appointed to represent any profession, trade, business union or association. (3) At the request of a current or former City officer or employee, the Ethics Commission may waive the prohibition in Subsection (a)(3) if the Commission determines that imposing the restriction would cause extreme hardship for the City officer or employee. (4) The Ethics Commission may adopt regulations implementing these waiver provisions. (Added by Proposition E, 11/4/2003; amended by Ord. 218-07, File No. 070505, App. 9/21/2007; Ord. 208-09, File No. 090219, App. 9/25/2009; Ord. 86-11, File No. 110023, App. 5/31/2011, Eff. 6/30/11)

No person shall knowingly and intentionally provide assistance to or otherwise aid or abet any other person in violating any of the provisions of this Chapter. (Added by Proposition E, 11/4/2003)

No person shall knowingly and intentionally file with the Ethics Commission, the District Attorney or the City Attorney any false charge alleging a violation of this Chapter. (Added by Proposition E, 11/4/2003)

WITHHOLDING OF INFORMATION; AND DUTY TO COOPERATE AND ASSIST. (a) Prohibition. No person shall knowingly and intentionally furnish false or fraudulent evidence, documents, or information to the Ethics Commission, District Attorney or City Attorney, or knowingly and intentionally misrepresent any material fact, or conceal any evidence, documents, or information relevant to an investigation by the Ethics Commission, District Attorney or City Attorney of an alleged violation of this Chapter. (b) Duty to Cooperate and Assist. The Ethics Commission, District Attorney or City Attorney may request and shall receive from every City officer and employee cooperation and assistance with an investigation into an alleged violation of this Chapter. (Added by Proposition E, 11/4/2003)

(a) Criminal Penalties. Any person who knowingly or willfully violates this Chapter 2 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 Chapter 2 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 Chapter 2.

(1) No resident may commence a civil action under this Section 3.242 without first notifying the City Attorney in writing of the intent to file a civil action under this Section 3.242. 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 Section 3.242 if the City Attorney responds within 120 days that the City Attorney intends to file an action or has already filed a civil action. (2) No resident may bring an action under this Section 3.242 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 3.242 arising out of the same facts. (3) A court may award reasonable attorney’s fees and costs to any resident who obtains injunctive relief under this Section 3.242. (d) Administrative Penalties. Any person who violates this Chapter 2 shall be 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 Section 3.242 against any other person more than four years after the date of the alleged violation. (Added by Proposition E, 11/4/2003; amended by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)

The Ethics Commission may require electronic filing of any disclosure required under this Chapter. (Added by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Chapter and the applicability of such provisions to other persons and circumstances shall not be affected thereby. (Added by Proposition E, 11/4/2003)