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tv   Ethics Commission 1516  SFGTV  January 6, 2016 12:00pm-2:31pm PST

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of the san francisco ethics commission i will first call the roll commissioner vice president andrews commissioner hur commissioner keane i don't know whether 0 commission will make it we'll precede 4 of us before we
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precede i want to mention as you may know we have our executive director at our first meeting this i morning so then we're delighted to see you hope you had a happy new year and ready to hit the ground running i should tell you those of you who know she officially assumed the position yesterday but i can assure you during the month of december she met on a number of occasions with mr. anyone art to discuss the issues including the drafting of the button and the implementation regulations that are going to be the subject matter of this monk meeting so that although it is unrealistic to expect her to address both of
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those issues in great detail this morning working hard to brightening herself up to speed and i want to thank brainstorm acting executive director jessie who reassigned effective december 16th before you worked to get the materials ready for us and to work with the colleague to the greatest stent possible should receive the thanks of this commission having said that, i will call the second item on the - the agenda although not listed and that is a any public comment on items on or not on the agenda
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that they wish to discuss i would urge if you comments are dissected to a specific item let's wait till we get to it to deal with that in that manner all right. >> good morning. i'm bob planted hold a form member of this commission former officer but member the members of the ethics commission form grand jurors and common cause and other good government advocates i'm here to indicate a need for you folks to look proactively at a court decide from santa fe not appealed but right now only in santa fe 90s that the allowance
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of elected officials to set up committees to help to elect other people a case by then san jose freed it is important when i say proactively and preeliminately you can read a establishment that will take longer my 4 minutes i want to point out an existing opportunity and i would krietsz examples if recent past other loopholes or failures to clarify allowed for problems to develop there were two recent ballot measures attempting to correct prop f for airbnb and here request i'm point out airbnb in its filings with the ethics commission in the six months it
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spent $714 and change on lobbying yet massive meeting with pizza and others materials because they were not doing direct lobbying so the idea of having this possibility of an elected official setting up a committee to also help to elect other people is a way to get florescence it happens frequently sacramento and happens in congress where the people that raise the most money spread that arrested for on candidates and get influence that is not resist of their competent so the idea look the effect of this decision on existing committees here in san francisco and consider some aspect of guidance if not regulations clarification
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addressing the question of whether a commitment controlled committee and any attempts is reflective of ed lee for san francisco committee that is not something we allegation is a problem but it could be and it could be a case of any official doing a similar task thank you. >> thank you. >> is there any additional public comment? >> good morning commissioners the commission is taking items none the the agenda i'm john cinco de mayo slayer a resident since 1986 and at the ethics commission friends of the commission to provide the commission with a contact list of organizations that certificate in the matters before the commission i'm very, very, very happy to take it off any desk this more than and give
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to the executive director and addressing a copy foyer each commission the list is 200 to three hundred measures medical marijuana the methodology just to summarize it would be impossible to create a list that would be distinct active at any one moment in time with the recessed of san francisco this list was comprised by going through those clubs that are charged by the major political parties those organizations are members of the council of community housing and those organizations which are heart of human services and the enar donors times those organizations that are registered and card members there is more information in the introduction i want to add a caveat from the
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internet it is all pubically available not entirely accurate thank you. >> thank you. >> hi i want to urge this commission to begin to hear sunshine complaints in the wake of other types of containments you here maybe not seeing it as a priority or so but it is a priority and i would like personally to see the sunshine complaint heard without having to surpass of hurdle of the sunshine ordinance task force because the composition of a task force has changed and members are reassigned and taken other jobs
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and nuances come along and very burdensome task for a member of the public to jump over those hurdles in order to be heard by little ethics commission i believe you'll begin to see more ethics containments and i will urge you to take them seriously and hear them thank you. >> thank you good morning olive appearing on my own behalf thank you for indulging the open format the piggybacking ouch of what bob said on commitment controlled committees that we are spend on other candidates one way the commission could rapidly address that problem so some stent to pass an amendment to the
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existing regulars for the campaign contributions and a controlled committee on regulations it securely excludes the general be purpose committees you could amend the regulation to cover other types of committees and currently they can raise unlimited fund from any source and spend them in a broad manner to that will be prudent and an easy way to expand that thank you, thank you, thank you any other public comment >> good morning commissioners and commissioner breed benefiting from the ethics commission i didn't mean to cut off the state valve between the controls on contribution and we don't only another occult for
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the unregulated spending to basic try to control the legislators and get the address in place we're seeing the influences on government and get the commission in a response time to protect the interest of san franciscans thank you. >> thank you. >> all right. turn now to item number 2 on the agenda for this meeting a discussion and possible action on the commission budget is there anyone from the mayor's office it was my understanding that represent was going to be oh, there you are. >> good morning members of the
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public i'm anthony with the mayors budget office. >> good morning anthony. >> i know you met with mr. monoart and myself and mr. andrew's and commissioner vice president andrews in december would you give a brief discussion as to what the marries instructions were and are to the ethics commission in as far as the guidelines it is to follow. >> sure so in mid-december of 2015 our office released the mayors budget instruction at a high-level calls for the departments to meet part of 5 percent in the firefighter that is 2016-2017. >> that's a reduction of 1.5 percent of the - >> go ahead. >> and in 2017, 2018 start of
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3 percent in the second year so in addition the instructions call for various dowels for departments to discuss and review similar formulate format as this running through the list in addition to the meeting of the taushts the departments are encouraged to develop a strategic plan for the department that goes beyond the two year horizon of 5 year plan that looks at at overall 0 the goals of the department over the 5 years the strategic programs and initiative on the development and discussion and then how the budget process can
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be a tool or in achieving ago goals in addition, we ask that the departme the departments work collaborating with different departments in reviewing the strategic plan and programs members of the public describe the sunshine task force some - there are many other opportunity to cooperate, of course, and we ask the departments to review the city's existing tenant programs mentioned the 1249 program the senior fellows and city hall fellows give i different programs that urge the other departments to implement we ask the departments to review the proposals that are intended to modernize government and make
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government more responsive in a way the ethics commission has been pursuing those goals broadly already but the high levels better described in the mayor's policy i'd like to mention the others or forward the instructions in written form format. >> sandy the cat the initial submission by the commission of the budget is february 22nd? >> the budget are due to the controller's office february 22nd in the budget system and then following that in the budget system as well as the various forms that the accompany the budget submission. >> our meeting we have another
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meeting schedule for the waiting to of january we'll further discuss the budget you but our meeting in february takes place on february 28th in view the fact that the member has come on board and the difficulty to finalize the budget seeking by the commissions budget meeting on february 25th is there a way for the meeting of the meeting on february 28th to make the submission? >> i'm not able to give you a dive active answer at the moment i'm happy to work with the lady over the course of budgeted season to help as much as i can. >> how would we go about trying to get relief from the mayor from the february 22nd
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date to have our final approval the budget occur at a normal meeting of february 28th rather than have an interim meeting. >> as a staff person of the mayor's office i'll encourage the departments including the ethics commission to work hard work r as hard as they can. >> i'm not sure how do we go about contact the mayor directly and discuss where we can get relieve relief from that date. >> you're free to contact the mayor if you like as instructions kind of describe the budgets are due february 22nd for all the vice
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presidents. >> is this a sways to get forgiveness. >> that's on a case by case basis according to the six. >> with the budget process i pulled out a had a rigchart tha prepared by political cartoonist in san francisco called frank it was prepared are for any wife when she was a supervisor i want to go through the steps if this is the process or changes that was in the late 80s start off with the mayor's projects that's the first step; right? >> i'm sure the schedule is
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absent different in general, i think that is right there is projections that are developed and may not be necessarily in the some way in the 80s we work with the controller's office. >> that's the first step the mayor's makes his or her projections you have to cut 1 half a percent from the 2016-2017 budget and cut will one half a percent from the next year's budget and the next is the department submits their budget? >> that's the february 22nd date. >> and then it goes to the controller's office? >> also the february 22nd date and and then goes to the mayor's office for review. >> it going through a
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technical review for the private controller's office it is not time nodded fixed but following the timeline and some interim budget. >> on july 1st is the beginning of the fiscal year the budget is under consideration by the policymakers during that time interest is an zimmermann budget that starts july 1st. >> that sdrarm budget goes to the board of supervisors for their review. >> it does but not contemplate any changes that have been proposed by the departments that are effected in the succeeding two years. >> what do you mean it didn't contemplate any changes way when the departments submit their february 22nd budget there will be proposes not reflected in the
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interim budget because 3 budget is still under consideration so the interim budget doesn't aviating change what has been adapted it is effective july highly the final adopted budget is in process. >> my question you during the period the original budget up the time the mayor 134i789s the interim budget on sexual first is there an opportunity to make adjustments by the department there it's stemmestimated budge >> i can check i belive that the interim budget is mostly to
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have a legally available budget for the month of july high school the final budget is in process it who wouldn't contain policy choices the officials are considering that will be priest by the final budget i can follow-up on technically it is interim budget proposals that can be included. >> and then following the board of supervisors you review there is an adoption by the board of a budget may or may not be exactly the same agency the mayor's interim budget; is that correct? >> yes. >> the budget it is approved by the board goes back to the mayor for his or her final
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action; correct? >> and then the final action back to the board of supervisors for their final action. >> i believe the board has two board of supervisors meetings to meet the budget and then it is sent to the mayor's office for signature i don't believe it goes back to the board of supervisors. >> in any case i'm not a clear that how set in concrete are they when we submit a budget if we didn't we february 22nd or february 28th how set in concrete is that budget? >> from the prospective the department and the commission it would contain the best proposed
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budget of the department including the - consideration of policy reproduction that are contained in the budget instruction so is it isn't set in stone it will be considered over the course throughout the entire process of you old. >> it will be changed as new projections arise and costs estimates become available and so forth. >> to the extent that there are a desire to tweak the original budget it is submitted that is done by either the executive director speaking directly what our office or myself as the chair of
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commission speaking to the office. >> yes. >> all right. for the record i'm submit this frank guideline to the budget to end of the record. >> thanks. >> i might obvious in a full frank will have some value. >> i have a number of copies. >> anyway an 8 page document this is a summary of steps through that any commissioners have any questions. >> go ahead commissioner hur. >> i understand the mayor wants a 1.5 percent the reduction of current budget for next year's so the 2016-2017 budgeted should be in the mayors view 1.5 tenths less than this year's budget what if we don't do that we have
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a new executive director, we have some additional mandates we have additional goals and even the mayor's policy goals suggest that we might need more modern we have this year not less what happens if we don't make any proposed cuts? >> the city has legally bound to adopt a balanced budget on july 8th at the end of july we will look at all the budget inspections across the city and consider various policy goals that the mayor and other policymakers have so it - the targets are designed
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to do a number of things that points out to a fiscal reality we have and it also gives the departments an opportunity to explore oer ways of circus they're business and efficiency within the department but we as a city have to adopt the balanced budget. >> this is i understand that but it can come from other departments i think in this political and legal compliment wouldn't you agree the city needs a more romantic ethics commission not a less robust one i hope the officials agree
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cross the city for robust programs we tend to look at it as a citywide requirement to balance the budget we will consider the unique circumstance of the ethics commission. >> thank you. >> i did have a question the interim for my own knowledge the scombirm budget it exists in the month of july is that based on the 2014-2015 budget or the proposed jeering the 2016-2017, 5 m budget with no consideration of what is submitted by the general departments in general that is right if you're recall this time last year the departments were considering doucht a two year rolling budget
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so - the 2016-2017 budget our first year the policymakers that have adopted the kind of base budget for this year so can be you're shorthand for the interim budget. >> and then my follow-up is because we're talking hypotheticals have you seen a situation where a department did not necessarily follow budget instructions and give the rational for why they especially\and how was is received and the outcome. >> i can on this speak on a analyst in the budget office we- it is our responsibility to review all the budget
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submissions and the department may submit a budget that exactly meets the target and the departments may submit budget in their thinking meets the the truth of the matter that our theme didn't we will analysis the information and the data we receive and it is as i mentioned before the tarts function as a tool for the departments to explore different ideas and other ways to operate more efficiently. >> my final question is let's see we recognize the need to not submitted a budget that has a one .5 reduction and submit also a rational for that
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could - is there an opportunity - would the mayor's office make the decision to reduce and pick line items or come back as a point of progress to the commission or executive director to say it looks like you explicit necessarily understand e follow the instruction here's one more opportunity to do such or do you go into a full kind of across the board analysis of looking at all of them all of the inspections and take the considerations and potentially preliminarily adopt that departments budget that may not have the 1 housing unit 5 reduction. >> over the course of the - we don't have to wait until
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february 22nd to have those conversations but work with the commissions doing everything we can so insure that the budget it is submitted relics the highest priorities of department and commission and to the extent it is we're able we will try to suggest ways to meet targets and we'll do that for all departments. >> thank you. >> commissioner keane. >> andrew not two long ago that of a uniform process in terms of budget when you had harvey rose office and the department wanted to negotiate with the mayor's office they would negotiate with mr. rose
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and the mayor would rose office would say okay. you've convinced us if there were the case it was a done deal the mayor would cbo along in terms of the recognition did 34 exist we don't have harvey rose does that mechanism exist are you that mechanism i'm not sure from the discussion that you have with chair renee whether if we make a case to you that you will then say oh, yeah, i'll go to the mayor and i'll i will recommend to the mayor that this be done for you is that you're function or is that anyone's function at this point in city government. >> i want to clarify the board of supervisors maintains harvey
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rose as the budget analyst for the board of supervisors and i believe it is in a number of years and continues that process that you describe occurs in the june and july most where harvey rose does review and in similar fashion all the departments inspections and recommends changes from the simulations it is it occurs throughout june and july and there is scheduled meeting at budget and finance where the recommendations are described and considered. >> i understand the path used to be i've been out of it for a while but the path was harvey
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roses plays the roll for the board of supervisors that in order to have the negotiations for a departments maneuver through whatever it was they had to get early on get with roses office and if there were an agreement from rose that something should be done even though he's the budget analyst for this board of supervisors that was pretty much a given that guess going to happen did that no longer happen anywhere e.r. the path anywhere. >> i apologize i'm not familiar with the process you described. >> okay. then it didn't exist anywhere that's fine things change i'm out of it for a while so getting back to the statement
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that commissioner renne talked about if we make a case some should be done differently not a 1.5 percent or more than what we have now if we make that case to you and you say yeah they're right are you going to go and advocate for us with the mayor's office? >> so i'm an analyst in the mayor's office budget office my indirect supervisor the deputy director. >> who's that. >> melissa white obvious and kate howard we will work with the departments then to review their submissions as far as the
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vaccinecy my role is technical. >> i've found it in terms of you're what's-her-name those two individuals you mentioned say their names. >> ross is the deputy director and kate howard the director. >> those are the two people that will then have discussions ultimately with the mayor's office that might or might not result in us getting more than the recommendation they would have the role to say to the mayor in this case we think you should go along with the department and not have the 1.5 not they're going to do it but that's part of their function i'm logan for the path and identifying self- >> it's a little bit challenging to advise. >> i don't want to put you on
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the spot. >> hypothetical again had the department submits their budgets that's our vehicle for those discussions we will work with all the departments and try to submit a balanced budget. >> okay. thank you. >> thank you very much appreciate our coming here today to help give us that guidance ms. asian pacific islander yes, ma'am it is probable unfair would you could you have anything to say in regards to this particular agenda items and any thoughts. >> yes. thank you and good morning commissioner it
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is very, very good to be sitting in the chair today, i that i very much harken to the this is day two i have a lot to learn how to understand the current operations and procedures while fulfill before i give a thoughtful comment on the budget you but i want to share a bit of my philosophy i'm hearing from the commissioners and what the - my experience tells me it is very important to both understand and appreciate the fiscal responsibility so those things are very serious factors we need to start with the premise, and, secondly, clearly understanding the current resources and problematic demands that have been created
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and how if so effecting our ability to deliver for the mayor's office agency i'm looking at to deeper diveing into the operation and trying to respect the timeframe is not an easy one but it is important to understand the programs and to consider to be thoughtful about the recommendations the goal i'll have is understanding both the realties and the fiscal restraints and understand what we need to right size the organization and right size may mean we do need to articulate the niece for additional resources it is important to meet we understand what the resources are and what they do if we provided them and in that i be it is important to articulate how the resources that we will be seeking meet or advance the mission thoughts
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ethics commission one of the indicators of success how we know that, in fact, when budget decisions are made to provide the resources to an organization we deliver and it is important contract we have with policymakers and feinstein i think it is important ultimately if it come down to a budget it can't provide the resources we believe that necessary to meet the mandate than it is for the information through the process of helps the policymakers for the future as well as the public manage the k3e7gs of the trading traifd if we're not able to fully meet the requirements of the going job that is a bit of a link answer but elements that are really important to look as we develop a recommendation this morning hearing from the violated from the community
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about what they see the needs for the commission in formulating our thinking but i'm looking forward to taking and deeper dive in a rigorous approach to you and other policymakers budget are fundamentally changing with a very, very limited resources but it been important for us to make the best case with the bereft information we have. >> commissioners have any questions at this point. >> thank you very much and i will now call for - >> i have a couple of questions. >> and i know you didn't prepare this memo so feel free to tell me you don't know we'll
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get this. >> under the campaign funds. >> on the second page it says in that first forgave in the upcoming fiscal year $2.7 million from the elect campaign fund that is separate from the budget did that include the 15 percent administrative fee. >> if i can have a moment i might have the answer i don't know myself - >> let me defer to the city attorney andrew.
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>> yeah. as the second paragraph the implementation can be taken from the fund itself. >> i understand is this number the $2.7 million is it the inclusive of fee. >> we can deeper dive. >> i don't know. >> but typically we take the administrative 15 percent fee and - okay. >> thank you. >> commissioner vice president andrews. >> i'm struggling we can get into it at the next meeting what was a useful piece of
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information and i again recognize executive director you didn't prepare this report were not around to respond to requests in the past it is also good to see the budget to tell you tuflz on the ethics commission budget for the 2014-2015 budget it is actously it would be good to see a - actuals it is interesting the delta to act ideals from 2014-2015 was $73,000 in many
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ways represents year two of the 1.5 reduction we'll need but certainly more than 65 i expect it is the cost savings in personnel that is turning over we're to define that kind of saves but good to see that as part of our own analysis and have an understanding of really what we were budgeted for that is ultimately what we'll get a push back we could request increased dollars if it turns out you didn't use the dollars budgets beforehand as you know o, imagine one will tell us how to were up not able to expend the dollars for the to be fully prepared for the conversation both for ourselves and ultimately with the mayor's budget office to see what the
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budget to actuals for the last two years. >> i will take public comment on item number 2. >> i should say for the record that i believe that the colleague and maybe all the members of the commission received a number of conversation from the friends of ethics to the extent that you want to use our time judiciously to add additions you want to make because both of us have look at them and i think ms. peel up is ready to respond. >> i'm lair bush if the friends of ethics i'm going to
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hand copies of the charter amendment i've referenced in my e-mails with the budget should consist of and the requirement for the commission secretary i've added to the draft of the duties should be i've got copies for everyone. >> thank you. >> and we're past those issues it maybe no longer true when i was work in working in the mayor's office there was a separation of powers so the mayor's office didn't do the budget for the port that was done by the board of supervisors the mayor's office explicit touch it because it was considered to be that the mayor's office the operation were you subject to the approval were not able to do that if this is the policy it seems to me that the ethics commission can
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argue like the courts you receive the procrastinations the city departments whether it is official misconduct or the err or you're subject to a review that was done in the past by the board of supervisors and that would allow you more flexibility than the february 22nd deadline if you show the policy still works in terms of spelling out what the budget would and wouldn't do this is critical importance in our view in the past, when budget cuts were you made things like reporting of contracts by city departments was stopped in terms of being sent to the ethics commission a memo that went to the city department heads don't send us a copy of the contract to sign that was,
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of course, a dubious decision that was not approved by the commission the same way the staff made a decision to make it a low priority of auditing major donors their, of course, the major amount of money it is going for the political campaigns i'm urge to look at that colonel the mayors budget is suggesting you take a look at cuts but look at revenues you have the option of contracting out if i want to do you've r you're missing an auditors position maybe contract out some enforcements you have dwar that is proficient to contract out and perhaps save money and do more electronic funding contracts is one t is
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done some time ago thank you. >> thank you. >> good morning commissioners and i want to first start by welcoming our new executive director it is delight fill to see here as well as thank the commission for it's hard work on that question i want to mention and whole serious of things i'll have to be brief the first thing the best practices is what we consider as advocates the best practices model for ethics bodies in the united states is the new york city model it model the budget goes directly to the new york city council which is a large body of one and 35 people nicole it would going drainage to the mayor i'm sorry - the board and the way the mayor in new york handles it they put on
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refers the ethics budget because the process their insures that all decision making regarding the budget is done in public session and on the record and not behind closed doors their looked in i think essentially when it is submitted to the board oftentimes a matter of trade offs that the board the united states e duties some programs to give you the money you need and then a much tighter process thank you might consider advocating you're a cause of judicious body and fall under the judicial body and i want to mention in the past you'll have annual strategic meetings
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sometime on a saturday more than they were open to the public i would attend and be informal and they can basically do some brainstorming in a much more open process where this commission what this commission role is in the city they would a long time bigger questions and the mayor's is advocating that in his budget given the new two year process i want to say it is odd with many of you could prized of being lawyers and that you know the commission has a legal mandate to have a commission concrete you, you might want to advocate that to the mayor because i think the atlantic ocean law is on your side it is odd an, an enforcement agency
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leveling laws you're in violation of the law itself thank you. >> thank you commissioners and welcome executive director pell up i'm served on two civil grand juries and member of friends itself this proposed ethics commission is not - high ethic standards are a robust standard ms. pell yum as the new executive director i'm not presume to know how you, you set our priorities with you're experience and excellent resume to rehab the whistle blow program in the areas of employer retaliation complaints and rehabilitation seems on appropriate term given the agencies history and due to the
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fact the commission re-established - established several policies those are ignored or completely eliminate by our predecessor an example 215 proposition c on last november's ballot which run won by a 75 percent mandate and looked at a policy dropped in 2009 the whistle blow program administrative code by the mayor's office dilutes ethical standards the program lacks ethical security guards and suffers dysfunction due to inadequate staffing i belive is deliberate the whistle blowers have no satisfaction in filing complaints with the city's
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program and complainants are forced to pursue other methods of recourse the whistle blow protection ordinance offers no protection the only recourse in for o far too many cases are a litigation where or with a litigation paid by tape recorders to quote if the 2015-2016 civil grand jury i quote the chief reason where the whistle blow retaliation complaints have faired so poorlg with the whistle blow protections it protects only those who make demolishes in house so the dmrosh the media and the california attorney general and the fbi is not protected under the city protection ordinance investigations have proven
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retaliation complainants with remain in house for the abyss no violations fined those guilty of fraud and others forms of unethical conduct are nodded held accountability the issues for the committees protection thank you. >> thank you. >> i'm book plant hold i'm going to off containments based on the december 17th issue that was issued after the commission reassigned i'll draw on history before any of you were on the commission or its staff were hired e.r. assigned legal staff was with the current controller was in the controller's office so this is prehistoric in a sense and require almost all
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types of research back in 1997 when i was on the sunshine ordinance task force we shared by the retired judge and asked for then to have a hoof time secretary and you would have a half time secretary because to budget for a a sunshine this is the case the time is squeezed with no funding so you would do well to understand the part time commission secretary but now go into the history. >> have regarding the budget negotiation when i was an officer we adopted our recommend budget after the upgraded recommendations deadline in our executive director then judy went to the controller ed harrington and realized every depended submits on 22 february
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they can't go through every budget in one week that is realistically impossible, got to be lag statute of limitations for public health and the mayor's office of housing and other agencies so in the practical senseless of administrative work if you adopted the budget on february 22nd you could be okay still we talked to the then controller i want to go further on this that the idea of this budget memo showing you have unfilled position and the previous mr. sincroy waved or suspended monitoring due to the lack of staff put that in the budget we can't do certainly budget we lack the staff and certain commissioners will be sued for not doing their duty
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keep in mind so many ways you can diesel r deal with this when i was an officer we passed one button begrushlg i went to the board of supervisors and negotiated lobbying and get them them to put in hachlt staffers it i submit a budget on 22 february i suggest you add in all the positions and work in the add back thank you. >> thank you. >> good afternoon, commissioners mark from the friends of ethic and to the executive director welcome to the deepened of the pool we're setting in san francisco with a record high budget and never been told by the mayor to cut the budget by the one that
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oversees the corruption of the highest revenues yet seeing the cuts in the budget it agency is the watchdog that led to the political and economic situations right now where we have private interests both for and nonprofit and that stake the changes on the general fund as their private property in order that nut to, cracked this commission has to adopt a posture to mean telling the mayor no and chart a course over the next 5 years to have this commission meet the chart mandated this is going to take time and effort and this commission the policy attendants will back up the new executive director when we guess to the executive branch to make sure this agency has the proper funding the commission secretary is a good idea the whole
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preservation extends the commissions reach to the public but have to realize the nature the corruption is going to involve push back when we do that i think we've seen in the 19country regime to cover for things that is what we see now if we look at in the city we're seeing record construction and record fees and maintenance in the city yet seeing things like the america's cup and like the small business happening right now the government is shoveling out public resources into public and saying we are are poor that can't happen when this departments budget is cut for all the departments that are supposed to provide the serves you're seeing the corruption willingly he will away the funds
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i'm glad you came to the commission that it is important and it will be tough and push back but friends of ethics has our back and when we stand up to the mayor's office nicole thank you. >> thank you. >> all right. not hearing new further public comment i think we have understand that on item number 2 no decision today but really on informative decision appreciate the written and oral input from the public and sure you they'll be taken seriously and turning to item number 3. >> commissioners go ahead. >> i have some comments i'd like to taking a look at by the staff as we come up with the proposal i do think we ought to strongly
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consider adding back or proposing to add back the decision we are sorry about that struggling on the investigation active side and been without a staff person for a long time and whether it is requiring some rethinking of the who reports to whom adding another person you need to think about how to make the investigate stiff units for efficient and more effective i think on the auditing side we do a good job on the auditing se of the city and elected and for everybody that cares about the processes we need to do that more efficiently it takes two along for the audits to take place from a budgetary stand point to help
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on the commission secretary point i hear with the friends of ethics is saying i think that i don't think that requires that we hire on independent secretary certainly a member of the staff what get that role if we deem it necessary it would be great to have a commission secretary we need to prioritize we're taking the pressure in my view enforcement and auditing are more important than the commission secretary a separate commission secretary someone on the staff would fulfill that role people think we need it maybe we don't need it in my view a secondary thing. >> commissioner keane. >> thank you, mr. chair commissioner hur i agree with
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the first part i couldn't be more pleased in terms of our statement that these particular functions that are not being done be in terms of auditing and investigation they have to be done in order to do that the resources have to be there for us to do that and for us to sort of compliantly along with this viewpoint well, there is a formula the ethics commission are going to count i .5 percent given the fact we need to add resources not cut anything for us to go along with that is totally unacceptable for any kind of stand point doing our job and for the city as well
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i agree entirely with a couple of the comments that were made with the state of city in terms of the political activities and the city and the lack of oversight in the city particularly during the course of the tenure of our last executive director to quote one of the people the city slide going into a fair amount of corruption tremendously soft be corruption but corruption is pay to play, it is a game of bribery whether or not we can identify it as bribery it is there and it's been there for some period of time and this is the group our group is the group that
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ferry it that out and reversing that if we go ahead and go with those instructions and in the face of the observations the city as record revenues and records amount of money coming in that don't in my opinion justifies any kind of cuts whatsoever i was in city government during the latter part of last century with revenues were way down and we had to cut distancing because no revenues no money there is lots of money the city has lots of money to me having been in this situation 20 years ago there was no money we had to do cuts of 1 and a half percent is looking at and have the mayor's office so
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is even though we have this big pot of money you have to cutie see no justification for that except in terms of this particular committee to keep this committee as a completely castrated body would the h without an ability to do it's job mr. chair he respectfully request we go ahead and submit a budget that as the mechanisms that commissioner hur identified as well at the commission secretary we need a commission secretary and powder by mr. morris an others we're violating the law that is part of charter to have a commission secretary for us to say we're not going to have one to say we'll violate the charter is pretty bad let's
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without parole with whatever the budget is for the things we've discussed commissioner hur and i've said and it is going to be a lot more than the budget now not going to be any 1.5 persecuted that's submit that budget to the mayor's office with a forced full justification of why we need those increases and let's fight for them and let's get it. >> all right. thank you. >> i might mention commissioner hur that we are meeting shortly with the controller to discuss amongst the office will certificate in the audit process as indicated a willingness and coming out of the meetings there can be a
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reanalyze who is doing the auditing and how quickly. >> thank you. >> commissioner vice president andrews. >> want to go on record i support commissioner president keane's recommendation to move forward with the proposal in the advisory committee of the fact that all of what's been said today what we say increasing the pressures i think we have a moment in time with the new executive director and i for one am looking forward to working with you ms. pell yum we've heard from the public in the past and it is very clear what they're looking for from us and a lot of are what has been a little bit of a hamstring for us has been a lot of what was around another executive director i think we addressed that this is our second opportunities
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our next stunt that is in front of us that deals with resources i think we should do that so i fly support that recommendation and make myself available to commissioner frost where it is appropriate. >> that's uniform it by all the comments from the commissioners and i think that ms. pell yum will take them to heart let's move to item number 3 a discussion and possible action regarding the commission implementation of prop c that imposed requirements for the expenditure lobbyists and pat do you want to address that issue at this moment or do you want ms. pell yum.
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>> members of the commission ms. per diem yum regarding the implementation of prop c think december 7th as interesting meeting was held at comments before you another second interested persons meeting schedule for the 13 same time noon 1:30 that meeting will be noticed. >> i'll say in regards to this interested persons meeting on the 13 i had the good fortunate of attending the interested persons meeting initial one in december unfortunately, i'm absolutely cannot make the one on the 13
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i'll urge one or two commissioners if they can put it into they're scheduled to appear and hear the comments assist in the commissioned in drafting 4r5e9s some interim regulations that obviously may have to be adjust as we go ahead we have to have something in plays by the first of february for some guidance and the reason i suggest one or two if we go to 32 becomes a commission meeting and has to be noticed and all sorts of requirements but if one or two can attend it would be critical. >> i will at this point any
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commissioners have any comments they wish to make on this item. >> supervisor eric mar. >> i have a couple of questions and comments on the second page of the memo the nonprofit registration fees can you subscribe the issue that in a little bit more detail. >> yeah, so if you look at the copy that was included in the meeting packet on page 15 towards the top under sub 3 the first few lines the ethics commission have wave
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the revenge fee for any full-time employees from an organization the questions were raised at the interested are persons meeting how it applies to the expenditure lobbyists with the expenditure lobbyists is an organization verse an employee so the under the previous statements were an individual thing this could be employees could receive the waiver registration and a lack of clarity how they're part of lobbyist that are not individuals but work organizations i think it as relatively minor issue probably the best solution would be amending the ordinances to bring clarity but unite impression none disagreed with that
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proposal. >> okay. that's helpful thank you. >> in addition under number 4 i mean, i share a lot of the concerns and those concerns when we were considering the actual proposition and i do think this is a problem not just for nonprofits but in general to determine exactly which expenditures count particularly if neither initially purposed for something else and ultimately used to lobby i agree with p we should provide clarification i favor more bright line of it means we're not capturing everything we can possibly capture through will be
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disagreement in the room especially entities that don't have a lot of money we can do that by regulation. >> i think i'll reserve any further comments. >> any other commission have any commission comments. >> all right. i'll call for public comment on item number 3 again i'll make the same admonition we've received written materials on this particular item and we have or will read them carefully and will consider the comments and probable the best use of you're
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time to dlobt to the extent you think necessary. >> thank you. i'm with the restaurant and hotel workers the text of prop c is complete with ambiguities and read literally into its maximum stent will create impractical things for the organizations to apply for the - i'm here in a - asking for clear recollections along the lines of what commissioner hur was describing just to call out a couple of items i urge you to make very - the reporting very simple and straightforward and require monthly report when the threshold has been triggered
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rather than every month from here to eternity another an a.m. input of the threshold of 25 hundred there's amount there are many organizations that council individuals or equal on particular case which in agreeing gaslight add up to $2,500 a month but the tint of the voters was organizations spending 25 hundreds dollars to influence a single legislative action utilized you to make that clear a single-action that triggers in that reporting and not an aggregate set of actions another to exempt from reporting stock that spend less than 10 percent of their time bbc
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standard and one thing absent one of the many organization will have to follow create you know minute by minute tracking of every stock business every day of the week when we know they're not individually going to alexander add up to influencing any one activity there are other issues i call out and don't have time for spoken comment i'll urge to make that clear and draws bright listens commissioner hur referred to yeah, we saw in the last elect rely circle many organizations filing ham sterilizing with organizations and without that clear guidance prop c creates. >> huge open field for more of that activity i know is not the sustainability of voters to tie
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up community organizations thank you. >> good morning. i'm rachel the policy director at the technical engineers local 21 welcome to the next executive director and thank you for the opportunity to speak before you our union represents 4 thousand city employees and we are in complete agreement with the concerns raised by the hotel workers local 2 union we would like clarification of the exemption for activities related to contract negotiations and this administrative decisions that effect working conditions because for example, we
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represent the board of supervisors aids so we might be filing a grievance that materially will benefit them and or for example, we are proposition k entitled to the health care benefits and due process which means we interact with the civil services commission and the heat board concerning the benefits our members are entitle to in contract we will give you a list of examples and we would like clarifies from the commission about what will be covered under that umbrella or contract negotiations working conditions, and other administrative matters thank you very much. >> thank you.
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>> become commissioners deb from the human services network first of all, i want to refer once again to memo he submit to the commission on behalf of the agency on november 23rd that surmise most of over comments on this measure i want to reiterate once again that we have a very sincere and troubled request to this commission to actually consider discussion and vote on a nonprofit exemption the complex rules around lobbying and common miss commendations over defer the nonprofits especially the small ones i'll tell you it is anecdotal but most of organizations i've mentioned and talked about prop c don't say
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oh, no now we'll have to register but we'll have to track you are spending and advocate less this is the factual truth we'll see that and we would like to see this commission consider an amendment to the $2,500 threshold is low in standing and not increase with inflation in the meanwhile, we're right now looking at the regulations and i want to credit the gentleman for doing an excellent job of summarizing the comments of our meeting we hope that you will adopt the communities suggestions particularly the $500 fee for the nonprofit exemption this is a ambition hurdle for small organizations and disempower the
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community-based organizations and the sponsor problem not a duty to report if you don't spend 25 hospitals if you go observe one month and the next month why report those little tiny amounts of expenditures and then we hope you'll address the need for bright lines around the members communications reports, newsletters those types of things that we need to know very bright line whether overseeing things will trigger the reporting or not we did a report in 2004 not for the purpose of lobbying but costs a lot of money i use the data 15 years later in advocacy sidewalks so we need to know how to deal with those kinds of things thank you for working with the community
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and thank you for oh, the opportunity and looking forward to work with you and the new executive director thank you. >> thank you. >> morning and thank you for the opportunity to speak you, you i'm bilingual council for the advocacy program alliance for justice a national associations four one hundred public organizations that strengthened the community-based organizations and it works with the nonprofit organizations to provide training and from the technical assistance to the - we understand that nonprofit organizations have vitally in representing the diverse public decisions older advocacy has the tax and lobbying allows the in time advocacy organization and
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their staff members and volunteers is a advocate for community change the nonprofit can engage in the 050's advocacy for local and others lays through california all the jurisdiction define lobbying district 5 and require the reporting of different activities on different schedules and navigating many over lapsing thing is confusing especially for smaller organizations it will be hard to help san francisco stay in the organization feel confident of it was - it adds a significant burden on the reporting for the nonprofits as written that may make it not - we hope prop c will exempt the nonprofits organizations or increase the thresholds we will work to help the nonprofits to understand the
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instructional measures to compliance four we want to highlight 6 recommendations four it recommendations to the existing fee waivers for nonprofit contract lobbyists be extended that qualify for the expenditures and second to de - we recommend the nonprofit for the expenditure lobbyist be recorded in the months they qualify and if not qualify not submitted the report and thirdly, the definition the elective administrative action it excludes the legislation for regulations of afternoon organization communicating with the officials you trying to raise awareness of the laws and a regulations and not an attempt to pass new recommendation that should not count i'll comment will go making sure the research and reports not under a that's a
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good question not counted tars the lobbyist threshold and recommend the newsletters for the california exemption well and finally on the small fee you count their project numbers rather than their overall organizational matters thank you. >> thank you. >> hello, again oliver first, i want to express thanks to the commission for the successful restoration bravo it was great to see the good work on the subject of the implementation our staff recorded covers much the reports for which the registrations will be needed one thing the distinction of member should be fairly narrow not
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officially broad after proposition created the ie reporting and other campaign principles we saw abuses that skirt the rules and similar problems will ensue with expenditure lobbying in the disclosure excuse me. if the members are defined too broadly on the subject of continuous e filing that is the disclosure contacts for good reasons the gaps created with the reporting with no activity are problematic for researchers and problematic for compliance so i'll not recommend i'll take a - i'll be slow to
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create that kind of gap in the reporting and lastly one notice regulation not covered by the staff report is clarifying what the definition of exposure e expenditure lobbyists by other persons the definition an lobbyist is anyone that makes the payments of 25 hundred conflict of interests a month for persons to communicate directly with the officers the 17 to influence the administrative actions it goes on notably for contract lobbyists but the exemption are not mirrored for the contact lobbyists any person means anyone other than the organization making the expenditures the definition over laptops with the activity that would otherwise be contract r contact lobbying stuff like
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union activities and nonprofit making contracts on their own above and contract stuff and newsletters none of us want that result and whether or not it is good public policy you shouldn't mix the contract lobbying and expenditure lobbying one way to draw that line to define other persons to include agencies of expenditure lobbyists that will in this exempt contact lobbying activity thank you. >> thank you. >> morning with the chinatown community center i want to strongly support the recommendations by local two and the alliance for justice as southern california a few
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well, a number of naughty questions and trying to understand what is expenditure lobbying activity because in order to comply we need clarity i on a number of suggestions two examples of kind of activities that r our organization does we are trying to understand and what is the situation for tenants in the city we track evictions in the city and in a sense this is research ultimately a couple of years down the road it erupts in advocacy for strengthening the rent orientals or dealing what the relent orientals rules we don't have any idea of the tracking the evictions of city whether or not that results in advocacy for 40 brother the rent board to strengthen the ordinance i think we need to get clarity and hopefully, the
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recommendations made previously will exempt that activity from being considered retroactively expenditure activity and other example we assist non-english speaking tenants to petition the rent board for relief from illegal evictions or rent increased those matters may ultimately get to the rent board and we need to assist the attendance in that situation is that expenditure lobbyist activities we appear before the rent board is unsought the non-english speaking tenants for the challenge i think not i don't think that purports with the description that is not a payment that is our staff
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providing translation assistance that was the tnltd of the voters that was a payment made that is our staff time that was may amount to significant in the amount of that those commissioners take so we - i think the recommendations made by the some of the previous speakers will address those by addressing the lobbyist activity thank you. >> thank you. >> hi, i'm jennifer i'm the interim director the san francisco tenants union i wanted to bring you the prospective of a very small organizations and how prop c was effected we have one half hour staff members our annual budget is one and 20 thousand a year last november was my first time doing the marital cards and i realized
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they are different but the reporting issues are going to be similar and so since it has my first year i was par initiated before i getting this right and it turned out it was not clear one marital was locked and one mailed we had to set up a separate committee so for the walked one and a d.c. member it took me 20 phone calls it i was getting different answers and missed deadline but now i know what i'm doing not complaining in the end we lost $4,000 after the political consultants the lawyers and accountants were done with us my point i agree with the memo that was circulated with the other nonprofits i think the voters thought it sounded simple when was proposed and maybe it does if you have a
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staff lawyer but it seems to me it ass is for the expert people in the process i urge you to clarify the definition and to consider the limitations of the small organization like mine who vaccine on every issues substantiates right the city as 64 percent of population tenants we have no financial gain only doing our mission thank you. >> thank you. >> hello commissioners larry bush from friends of ethics i'll hand how some things you may already have to clarify things one the the time table felt process by which the expenditure lobbyists came along before the voters beginning with the civil grand jury both in the hearings that took place in the committee meeting and the second point it
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is been raised duplicate reporting bus nonprofits filed their irs tax exempt that is proof on a formal 990 it asks you to today spend money on lobbying and political activity if you do you're supposed to fill out the form this is at copy of form c you'll see how pilot that is part of problem people are having a hard time what is a nonprofit if you go to guide star where people file there are 6 thousand plus nonprofits registered in san francisco they are all kinds of size it is the pg&e foundationer chevron has 4 all nonprofits
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community activity groups library like the san francisco marks alliance or spur all of which are nonprofits nonprofits that receive public financing so the question come down to when you're talking about excluding all nonprofits are you going to include all nonprofits that file a form 990 if you're a nonprofit that files through a fiscal sponsor you don't file a schedule c we don't know who those people are most of groups that have been appearing before the commission don't file a 990 and don't make the demolishes available they're concerned about the fact they do a report it is a fair question we agree with the comments that are made especially from the unions what constitutes mile-per-hour and
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the bright line between the product how to say used something commissioner hur brought up that the addressed and we'll reserve the next meeting to deal with the specifics. >> to - can i ask a question of mr. bush. >> so in you're view you may not agree with the opens options but the choice to exempt nonprofits that have a budget of legislation an amount reasonable person very bright line rules that would not capture a lot of the activities the friends of itself is concerned about had a of those to chose would be more effective in you're view. >> a nonprofit with a smaller
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budget. >> we look at what happened in los angeles they have an exception for that nonprofit that receives the exemptions from the local governments that serve the inmigrants and we suggested that that was rejected by 9 people we don't serve people we do advocacy i don't understand how they do that between lobbying but in their own minds exemption had the nonprofit was brother the board of supervisors on direct contacting the requests were you made before the government audits and operation committee was an exemption for nonprofits that provide human services to housing and receive public funding and supervisor chiu that was the author of this address
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agreed it came back in may what necessary came back was a total exemption of all nonprofits no definition that is overtly broad but people owe that are urging that for lobbyists no decision on this it was only a vote at the committee and board so it never had a robust discussion we're all capable of doing thanks. >> good morning welcome new commissioner breeded executive director i'm a former task force member and worked for a notable nonprofit and serve on two boards of nonprofits this is
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a very interesting thing because prop c for the most parted excluding the nonprofit aspect of it is great as an open government advocate completely into a level of government transparent i think that prop c in those rights are good the area around the nonprofits as i'm hearing from both my fellow nonprofit colleagues and some of you're comments yourselves and what was noted in the interested persons document expressed a lot of the problems that will is the huddles have to come through i want to say certain items are clear exposing the nonprofits to complainants that is really important it would invite possible undue
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scrutiny by the irs so o to have that happen would be devastating one thick if you're. >> regular taxpayer and go something that might cause yourself an audit between yourselves and other agencies but other sets of laws that are based a fiduciary agency or a specific agency that extends to other agencies a day i didn't chain of effect that could cause a problem for the kinds of nonprofits being smaller nonprofits with very limits operating budgets and rainy day funds not actually, let's just is hiring lawyers, hiring consultants that need to help them understand about the violations that could mean
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accountants of some sort of or a slew of outlet people contractors or what have they normally would not have to hire to try to plan four that is very, very difficult considering the way they get money they're not selling anything they have to beg for money i think another point i've heard with regards to the broader definition it exemption activity that prop c has intended to capture some of the comments that commissioner keane and others made around the budget this is a political activity is points to that and i don't think that those nonprofits are in that boat so a definition of bright line is important thank you. >> thank you.
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>> i'm bob plant hold i urge you so not too quick in their the scope of any definition or so or applicability of rules or write regulations and i'm going to base this on history this is archiveal mormon in the staff before you're assigned legal council we heard from oliver this is a reservation of the way thing were produce prior to the ballot measure 2009 i want to suggest in 2008, and preceding in terms of the types of agencies and groups that are now saying well, there's a big problem because in the early part of first decade a firefighters union that put a measure in one and they've compiled with the regulations not necessarily use the projection of a problem coat
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there was a problem and therefore not a problem then why should it be a problem now and i'm suggesting archiveal base that's why you need more staff to do that i want to go further you're hearing concerns of possible fathom or blatant complaints so here again go look at the list of those complainants in 2002, 3 and 4 because this commissioners got to see the complainants of no supplement first of all, it didn't get told finance e unless their grounds for a problem just because under those a complainant didn't mean anything some of those people complained have still active politically and some of those people are
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professionally so marked with some of the grounds saying there's a problem so there's a decot of the complains i'll go further a measure the sunshine ordinance that required nonprofits getting city funds to have two open public meetings a year i was on the boards of two nonprofits they were scared because of people were coming out of the woodwork that amendment passed and what the people railroad projecting as the problem for nonprofits 55 is not you need to look at the reality not just what people are afraid of now. >> thank you. >> good morning, commissioners passport cohen with the community of housing organization we've been working with the it is not necessary since the beginning like they have several organizations and are concerned
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about the consequences we're opposed to prop c we consider that a principle proposition because of consequences but we thanks the commission for setting up a couple of workshops in late november we need to discuss what was not discussed that led to a very interesting and comprehensive discussion and thank you commissioner renne for being interesting will was a lot of issues flushed out you've heard today and to the commissioner first point getting the brightly line is very, very critical we have a short period of time to do that, of course, i'll share join debbie the easy way to get the nonprofit out from the cross section that was not why the commission times to go we've focus on the regulatory
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commission i know bob plant hold us go younger generation we were not involved under the drafting and the accomodation we should have had on the 7 i hope that spirit continues into next wenls centered persons meeting we want to come in with a regulationy language covering the issues i said to add a couple of other things to that was mention is a question how to define the members nonprofits come in all sort shapes and fruit for what a member is for a nonprofit is different than another i think it will take a a lot to define what is a member to make sure that everyday activities handing out newsletters didn't leave
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some organizations at risk more than others that relates to staff times and communication nonprofits carry staff we don't outsource a lot of our work how do we count the communication or research reports that's another question we need to determine and lastly news letters we try to community our message how is some of our newsletters get counted or not as expenditures towards lobbying we're trying to keep our members here a conversation that is carefully crafted legislation we selected to consider that will end up helping to focus on the target and not have the unintended convinces commissioner renne said none that that should happen. >> a question. >> sir what's the average the
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budget size for you're organization. >> we have members organization that zo have budgets for three or 4 or 5 hundreds thousand four organizations that have multi organizations it dpoonz the city contracts or smaller organizations it is really all over the map. >> if you could estimate are most of them over million dollars just roughly. >> probable the average over million dollars. >> okay. thank you. >> you said that you intend at next week's interested persons meeting to present to the staff specific language on the various issues you think should be clarified and at least may not be illegal draft language i'm not a lawyer but language that
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is more continuously not, reacting to what staff says but presenting ideas and working group that to come up for something that feels right we want to be proactively you're heard suggestion from local 2 and alliance for justice that is great but like to have this next week cowed coming down with negotiable prospering proposals and start to run it with staff and hopefully close to the finish line. >> that's the message i said at the interested persons meeting for to the extents that a nonprofit thinks there is a definition that would be helpful if they gave what language so
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the staff can consider it if drafting whatever regulations they come up with and also urging that at least by the end of january i don't think we're going to be in a position to talk about drafting amendments that are inconsistent with the ordinance which will require us to get 4 commissioners to approve and the board of supervisors to approve but you're drafting towards regulations to implement and consistent with the spirit okay. >> commissioner renne i agree with the idea of a nonprofit exemption whether tailored to specifically look at smaller nonprofits serving communicates we want to continue that conversation so 23 didn't he said and another issue the threshold part of it is it
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aggregate or single purpose and 25 hundreds is a relatively low threshold i'm concerned for the smaller organization you've heard going through simple reporting process create a nightmare for the thresholds could be a little bit higher anyway, thank you. >> is there any additional public comment? >> good morning, commissioners mark solomon a 26 residents of the mission we got a bunch of folks that are lost who made a play and 0 ballot and lost now a thirds bite of the apple i hope they lose again in thirty years ago the government was outsource to private nonprofits during the reagan years as it evolved a shift in the agencies folks that
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are providing services and advocating and the ethical comment you advocate for services and get money and advocate in the policy area when you're advocating for services and having to manufacturer a widget we make the poor folks buy it from us that's the recommendation and advocacy you don't get to represent people unless they bye buy in for representation for folks for nonprofit that purport to speak for people i live in the mission district a lot of folks behind me speak for the neighbors but not ask us and at the rate they're providing the services the folks in their caring about are long gone it is for this commission makes sure that the folks getting money to advocate do that under the glare of
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sunshine i want to know who is doing the grassroots to further their own economic interests with the nonprofit while my neighborhood is being clear-cut through displacement it is happening every day and horrifying to see the continuity nonprofit to see the political advocacy without buy in and i expect to be covered this is a main problem with the nonprofit their - i think we need some kind of a scale based on the budget of nonprofits but for city the lobbying and the activities they can't hide under the number of the coke brothers nonprofit slip under the door when we have advocacy happening everyone knows who is do it and what is doing and transfer from one city agency to another the
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city government has to include in admits planning we w when we ought source the fund to private agencies and we can't allow this to escape and had many bites of an and as progressive as the people want to be represented folks are left the progressive moment and not worked on the campaigns and it is a major problem for the city >> thank you. >> i have a suggestion are 40 you when you go to sleep at night lay our head on the political and went 3 words further the purposes of act so the over arching principle we're supposed to be moving forward in this case it is a good example
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how we rescind or repealed the previous allowing law and now paying the price of trying to get it back into force i'm thinking that we didn't necessary further the purpose of the law previously and the environment change and had a lot of what is it called gosh those mask words sharing economy that came in and fell into this provision of law wipe off since repealed not the intent to go after the nonprofits in the city it is more matter of dealing with the larger sublet players that are coming with a lot of money i they've put into lyft a half of a million dollars that's
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because we're an international city think in terms of fooufrt the purposes of act we're no longer the little city that we were once were basically somebody said not we're not a city we're a resort the resort is come to really true fruition with an international restraining order restraining order resort we have to further the acts to set up to the place as a role of an international city thanks. >> commissioner hur we. >> question for the city attorney sif we were to define the nonprofit if in a way that xmentsdz those blow a certain budget would that will something
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it can be done per regulation. >> - we've identified the 5013 we refer to them as 5013 under the previous code and further define what we mean. >> the current reference to the code is where'd to the registration fees is a high-level recks are intended to clarify not change actually what was as opposed to be regulated or not. >> right. >> it is known i'm perch it was before we submitted the prop c we have a discussion at one of the meeting whether or not to exempt the nonprofits and the commission said not to do so so that's hard to see it is clear
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what the intent was we didn't want to exempt all nonprofits we didn't address the issue of nonprofits above or below a certain threshold. >> i don't have the transcript in front of me but i recall the commission considered that in - it seems clear as you recall the commission was not inclined to provide a description. >> in seek to do that by regulation but some large nonprofit can sue saying. >> if an agency overstepped yeah. i suppose an interested
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party sort of on either does it can be mandated in supreme court to over reject but not sure there's an interested party but like the ethics - >> i think they will have a standing with a mandatory if you violate the duties by pursuing a regulation you should have done through an ordnance but that's obviously hypothetical. >> commissioner vice president andrews. >> i want to again go on record yes, we did i remember this distinction conversation about in time i ultimately voted for the intention i had challenges around how it plays itself out wisp referring to and/or how it was an example i
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understand that at the same time airbnb with respect to the lawyers in the room are lawyered up with anything we come back with i mentioned earlier we could very well be participating in the universal law of order and chaos they've r they're well preempted for the chaos of marginal nonprofits i understand there's a difference between it seems to me we're struggling with the words advocacy and lobbying and for those who understand lobbying to define is that way and capture the advocacy around the public policy and for those who are doing the smaller public policy with the low income individuals or sfolgsz how they would not see that as lobbying and not
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have a voice and are in many ways the bridge to resources so there are a couple of dynamics in play i ultimately have to say i know when we talk about i was not around for this but a exemption for contact lobbying that is behind the contract lobbying that provides an exception for nonprofits is it that it was a part of normal course of business so much a part of normal course of business an exemption needs i want to make sure we visit the rational that went behind that ultimately could, applied to those nonprofits it is their normal course of business that represents the marginalized population i don't know that size gets you there we hear size matters i wonder if it is the type of service that is being
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provided or this advocacy that is being provided the public policy and 134e you're not going to get there, there are nonprofits that do some many wonderful things and health services that have members organizations that is being provide that no amount of amendment or regulation will satisfactory everybody in the room i'm saying all of those are observations inch heard six or seven angles i'm glad we're going to try to address this as regulation organization and size may matter i say the type of services that is being provide also matters how that get written up and embedded into a regulation i'm sure it is clear today that while i was not being
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completely descriptive and articulate on this of the challenges most back i said this so be squished as a nonprofit all the b and b those are situations i struggle when the colleague referred the chilling effect the chilling effect is ultimately any nonprofits business decision will colonel together and garter on tuesday are we going to do the work we committed ourselves to doing or is this getting in the way of the public policy and education work and getting the word out to a community that may or may not receive this living that is out there and the resources foyer them but for that organization doing the work we do i want to go forward go on record i'm glad
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we're able to address 24 today moving forward. >> yeah. thank you, sir one of the things that should be pointed out here and i'll start off by alleging with commissioner vice president andrews we can take out a group of activities and is those are folks that are doing god's work therefore we don't want to regulate them or make things difficult for them therefore we'll exempt them or make that lessen reduce but putting on one of the things i'm a professor of constitutional law i teach constitutional law a clear first amendment prohibition against any kind of regulation which is content basis that is you're allowing advocacy on the basis
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of one type of helping advocacy on the basis of one type of content but not allowing it on the basis of one kind of contents in the united states superintendant back decades spoke to that a couple of them had to be with pick east with ordinance on various communities that said no pick eaeting in - t a minute we may a beef in scam neighborhood we want to pick
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even though to show it is non-union lash and communities vote in the exemption the supreme court of the us struck down the law having any kind of prohibition against picketing in residential neighborhoods so the danger commissioner vice president andrews in regards to the picking out the organization and we're doing god's work and that is helpful to vulnerable people we don't want that they're not the coke brothers or those reiterates so we want to pick them out and say you guys don't have to worry about it we do that and that is our entire regulation gets thrown out it is in violation of the first amendment we can't do that i
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think that is unfortunate i agree we can see lots of things we should protect but we can't. >> that wouldn't apply to this same rational wouldn't apply to the size of an organization why under the $10 million as opposed to over the $10 million and i you can't can tell you in regards to picking outburst a group and saying this group advocates for those kinds of activities like did activities of crippled children we really want to make sure this vulnerable group of people get protected we're going to exempt those organizations we can't it do that that is content the supreme court of the united states said this is a violation
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to the first amendment on the consideration i have size i've not thought that through and if that's the case of content rules - we'll see how broadly base that is it seems to me we'll have a december sent mulch of the tension raising the level of the expenditure in which case we control that all apply it would be whether an organization is one thousand dollars and decided to spend 25 thousand or an organization $10 million spends $20 million that is under the same regulation so it seems to me if we're going to move forward with some of those we'll get bright line definition around it but a way to address that i know we're
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short on time is it so hard to do an analysis on what those organizations spends on an annual basis for public policy but inform figure out how to raise those levels it didn't have undue harm to a lot of well matt haney small nonprofits that have expenditures throughout the years that is part of nature of the work through the course of day and year i don't know what that looks like. >> commissioner hur it is pretty clear that raising the $2,500 number is by amendment that is pretty clear i don't disagree but agree with the commission that means all of you, we appreciate the help but working together you know if it
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is a nonprofit come up with something that is bright line but not really it is not going going to be helpful work with our staff given the limited time we'll appreciate that and all you're input today mr. shin in the attorney will look at if you can add a threshold by amendment i don't think it is as clear as - i don't think it is a clear no, maybe ultimately we decide it is not something we can do by regulation but if you could do more research and if you come back with the same answer i i understand but more thoughtful by regulation we could define in time or define the abates of
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those who have budgets of certain amounts something like that thank you. >> i would ask ms. pell yum if she has any thoughts or comments on this you had a similar titanium regulation in los angeles and assisting in the staff in drafting proposed regulations or at least interim regulations given the short period of time 0 do you have any thoughts. >> i don't have any suggestion today i think that will be helpful to meet and hear from the interested you are persons meeting more about the issues and some additional work to look at the los angeles experience to see any data that might be he felt to commissioner vice president andrews point but the conversation is important but i
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don't have any suggestions i'll stand until techniques interested persons meeting. >> one of the i forget which of the group in the december interested persons meeting i think was the disability rights advocate or something that the spokesperson said the only employee of the organization but occupying there is - their entire effort if this legislation with those issues to galvanize interested people she was questioning whether or not that would constitute expenditure lobbying to do it and i said at this point my reaction was that wouldn't be because they were
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out in the public that was their whole mission was galvanizing people to go to they're elected represents on an issue and there was nothing no question of transparency or concern about the fact the public is not aware this group is doing this so i may have had maybe a more restricted group of what constitutes lobbyists as opposed to to a group whose mission to further the rights of people are disabilities that's not what i was aim at in advocating for policy. >> there is a reading and
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absolutely but i wouldn't be disturbed if we had regulations that will exempt the group that was clearly out in the public that's their own purpose to advocate on a given issue because of they're really concerned about transparency no question of transparency in view of that regulation but that clearly is what i was coming from in what we were after in prop c. >> mr. chair would mr. bush define 3 same organization i referenced as a lobbyist i heard you also enter changingly advocating the lib. >> the way i've heard it discussed not much day light but
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asking the members of the public to contact the city offices on the legislative matter spending 25 hundreds to do that as the law is currently written that could be some go to be disclosed i guess in a practical term having worked in smaller innovations it was hard to come up about how to spend 25 hospitals in a world that operates on the internet you can't - you can develop a website page and update it for about one dollar 99 so it come down to the fact you need to know the facts in this case we've heard from the unions good example of the facts if you're
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reaching out to organized members of the non-organized union you're recruiting them to join you're union in my view it is a matter of communication they may not be paying dues but you're intent to get them to join our organization if you were doing a membership drive urgent care people to contact the board of supervisors on an issue the medical examiner legislative challenge council so you're urgent care people to give money to the council and also contact the board thaim that's lib e lobbying in my view i have not yielded clarified anything (laughter). >> you're consistent if anything. >> all right. we if - do any the commissioner have any
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further comments or instructions to the staff? to assist in drafting proposed regulations i emphasis that whatever regulations we adopt at the meeting on january 28th will be deemed to be interim and with the intention that the commissions and its staff will continue to look at the problems with the idea in mind as we go forward we may need further tweaking and if, in fact, a need for an amendment which requires the approval for commissioners and the approval of a super majority of board of supervisors we will be open to that that is going to be developing over a
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period of time i would urge the staff to try as far as the forms needing to be filed simplify them as much as possible not putting a heavy burden on any organization as to what it has to do and i'll also urge the groups that if they have any questions once those regulations certificate of occupancy and going forward in 2016 if they have questions whether or not they fail within the language of the expenditure language contact the staff and get guidance from the executive director in saying in no. your not in it and therefore they have the protection if anyone
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tries to do a got you or yes they are and have to file and go forward. >> all right. with that, i will i'd like to entertain a motion adjourn. >> so moved. >> second. >> any public school discussion if not - >> i call a vote. >> all in favor, say i. >> i. >> thank you - >> good morning, everybody. thank you for coming to city
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hall first of all, thank to all the departments it under the general umbrella of the emergency management public works and area our economic & workforce development office including our faith cbo community and penguin and others we've been explicit expecting some big storms to come our way as conversations with meteorologists i think that's their property name and scientists warn us of the el nino storms that are coming here that will certainly our city and our area will be a focus of what necessary expect to be flooding i haven't seen any rain yet but i want to be and so our department desirable reduce if
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we lucky we'll be offeringly prepared we deal with unexpected dangers about you it is good he appreciate the departments and our direction coming together and doing everything we can to prepare not only themselves and their operations but to the public to the medium large and small businesses particularly to the residents for most now we know that with the exceptions we've been working in the private segment and public sector as well as with the faith based partners to make sure we're all ready and reemphasis that everyone should continue at their time when there isn't a big flooding going on to assess sf that is where there is good information we work on that site very well to prepare
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everybody and again thank our department of emergency services for putting out robust sets of information for i cannot we will definitely be taking care of people on the streets as much as possible and hear more detail but 11 hundred more beds more than the shelter beds and in addition to the winter she will not beds that enter faith council is helping us to identify that are human services will identify an additional 11 hundred shelter beds for those people that that she will not should that large storm come our way we're preparing those sites and want to make sure that people who are on the streets know we have your outreach teams letting them know we have
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additional shelter so we simply do not try to experience the effects of a large storm by themselves but reach out to as much as possible thank you to public works and the public utilities commission for work together i've seen the crews and done videos with their volume trucks i know how loud 38 they are they've been looking every catch bacon and with all the leaves they'll be plugged so we have to refresh those catch bacons by unfleg influencing them and any residents that see them plugged for trash or leafs report those to 311 and those agencies will get out to take care of them and make sure our
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infrastructure can go as much as they can to deal with 9 emergency our office of economic workforce development i want to thank them they've been in communications aimed at our small businesses that are particular flowed prone areas their preparing and making sure we know what they can do and the services we office public works and other agencies working on those sites we'll have those sites up where residents and visitors can object 10 i think 10 free he moomd for their use at locations that convenient for them this is one location we'll have them at a number of locations nearby historically identified places of flooding
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but i do want to say our attitude as city hall is one we want everyone to know that alert sf and the 72 is there we're preparing for a disagreeing discharge that is man made or otherwise we're prepared and want to put out as much free information as possible so when people plan for those disasters it is less changing more before corning sea making sure they take care of the communications and their families and businesses and their neighbors i want to say again, thank you to our event our police department they'll be out there making sure they respond to any specific needs that are there along with public works


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