MEETING OF THE EXECUTIVE COMMITTEE
OF THE ARTS COMMISSION

Monday, March 27, 2017
12:30 p.m.
401 Van Ness Avenue, Room 125

Minutes
 

President Beltran called the meeting to order at 12:48 p.m.

1. Roll Call
   Commissioners Present 
   JD Beltran, President
   Roberto Ordeñana, Vice President
   Abby Sadin Schnair
   
    
   Commissioners Absent 
   Charles Collins
   Simon Frankel
    
    
   President Beltran announced that, in light of the presence of Deputy City Attorney Andrew Shen to advise the Committee, she would switch agenda items 3 and 6, taking the Statement of Incompatible Activities immediately following general public comment, and the Director’s Report after the Arts Nonprofit Displacement grant increase.
    
2. General Public Comment
   There was no public comment.
    
3. Review of Statement of Incompatible Activities
   Mr. DeCaigny began by explaining that a Statement of Incompatible Activities (“SIA”) is required for all City departments, and that the Arts Commission’s SIA, first adopted in July 2004, is based on a model used by all of the arts departments, all adopted around the same time. The SIA governs staff as well as Commissioners. The current document doesn’t directly address grantmaking or other activities more specific to the Arts Commission, nor does it address the Public Art Trust, which came into existence several years after the document was adopted.
    
   Deputy City Attorney Andrew Shen reviewed the edits, noting that the revised drafts also incorporated comments from the Ethics Commission staff. He explained that the final statement needs approval from the full Arts Commission and the Ethics Commission, and because it also governs employees, the unions have the right to meet and confer.
    
   Mr. Shen also pointed out that the SIA doesn’t obviate state and local laws governing conflicts and ethics, including the Brown Act and the Sunshine ordinance, which still apply to Commissioners and staff.
    
   Mr. Shen reviewed the changes, beginning with Section III(A)(1)(a) and (b), which address the obligations of Commissioners in regard to entities doing business with the Arts Commission; the text originally addressed only employees.
    
   Subsections (c) through (e) address grants: Commissioners and employees who serve on boards of directors of organizations applying for or receiving grants must disclose the relationship and may not participate in the decision-making process for the grant. Commissioners and employees may not be compensated by any organization that applies for or receives a grant, and they may not individually apply for or receive a grant.
    
   Subsections (f) through (h) apply the same limits regarding Public Art Trust funding.
    
   The Committee discussed the revisions in detail, clarifying several questions. “Employees” refers to departmental employees only and not to contractors. Subsections (d) and (g) apply to employees or Commissioners serving as executive directors, as well as to any other paid position.
    
   Mr. DeCaigny pointed out that the revised language reflects practice, but it has not previously been codified in policy.
    
   Mr. Shen explained that an employee or Commissioner may request an Advance Written Determination permitting an activity otherwise prohibited by the SIA, as provided in Section III(C). The Advance Written Determination is a public record, and may be requested from the full Arts Commission, the Ethics Commission or the Mayor. The Committee considered whether to suggest a preference for one or another of these authorities, and decided against it; the choice remains with the person requesting the Determination.
    
   The Committee discussed the possibility that a Commissioner was unaware or unmindful of a relationship with a grantee or applicant, or was already in a relationship to a grantee or applicant addressed in the SIA. Mr. Shen and Mr. DeCaigny thought that the discussion of this revision of the SIA would raise the level of attention paid to such conflicts, and pointed out that there will be some delay in its effective date built into the process of review and approvals by the Arts Commission, the unions and the Ethics Commission. The Committee also discussed adding a grace period before the revised SIA takes effect that allows Commissioners and staff time to address any conflicts they may currently have.
    
   Mr. DeCaigny also pointed out that he works closely with staff to develop internal protocols to address potential conflicts for staff or for Commissioners, and he would address these with the individual Commissioner.
    
   The Committee also asked about a Commissioner’s or employee’s relationship with an organization where the organization is partnering with a second organization on a joint project, and the second organization applies for a grant. Mr. Shen said that subsection (c) would apply only to the grantee organization; Mr. DeCaigny added that if the grant allocated significant resources to the partner organization, that might present a conflict, or a perceived conflict.
    
   Mr. DeCaigny noted that it is important to balance the concern about conflicts of interest with the value of having Commissioners and staff who are involved with the arts, and who reflect the interests and expertise of nonprofit arts organizations. If Commissioners and staff are very far removed from the San Francisco arts ecosystem, they may not have the appropriate expertise to serve effectively.
    
   The Committee discussed the Advance Written Determination, and Mr. DeCaigny noted that this has been used several times to allow staff to serve on the boards of nonprofit arts organizations. They are required to recuse themselves from any grantmaking activities involving these organizations, and the panel process ensures fairness.
    
   In regard to subsections (f), (g) and (h), the Committee also discussed the role of Community Benefit Districts (“CBDs”); if the CBD applies for Arts Commission funds, these subsections would apply. The idea is to prevent a Commissioner or employee from having a “closed loop,” where they are approving a requst for funds to pay themselves. If people in a neighborhood set up a CBD to tax themselves for additional services, and approach a Commissioner to do work which they pay out of the CBD’s funds, that is not a conflict under the SIA. If the CBD needs approval from the Commission for its project, the Commissioner would then need to disclose the relationship and recuse himself or herself from the decision. Mr. Shen reminded the Committee that other laws regarding conflicts and disclosure still apply.
    
   Mr. DeCaigny reminded the Committee that whenever Commissioners have questions about potential conflicts of interest, or disclosure requirements, they are welcome to contact the City Attorney’s office for advice and clarification.
    
   There was no public comment, and the motion was unanimously approved as follows.
    
   Motion to approve draft of revised Arts Commission Statement of Incompatible Activities, with the addition of a paragraph indicating the effective date of enforcement.
    
4. Grant for Arts Education Master Plan
   Mr. DeCaigny and Community Investments Program Director Judy Nemzoff briefly discussed the history of the Arts Education Master Plan, developed by the Arts Commission and the San Francisco Unified School District. They explained that the recent ballot measure approved funds to continue providing arts education for San Francisco students. This motion is intended to fund the “refreshing” of the Arts Education Master Plan, based on meetings with various stakeholders, and to improve students' access to the arts.
    
   The Committee discussed the motion at some length, including deliverables, timeline and additional funding sources. Mr. DeCaigny explained that the grantee, SPARK, is a “friends of” organization for the School District, and thus the appropriate grantee.
    
   There was no public comment, and the motion was unanimously approved as follows.
    
   Motion to enter into a grant agreement with SPARK SF Public Schools in an amount not to exceed $20,000 to support the revision of the San Francisco Unified School District’s Arts Education Master Plan.
    
5. Increase to Grant for Arts Nonprofits Displacement
   Vice President Ordeñana explained that because the grantee, Northern California Community Loan Fund, has a financial agreement with his employer, the San Francisco Lesbian Gay Bisexual Transgender Center, he would recuse himself from any discussion or action on this agenda item. Without him, there would not be a quorum at this meeting to take action, so President Beltran forwarded the item to the full Commission for discussion and action at its next meeting.
    
   There was no public comment.
    
6. Director’s Report
   Mr. DeCaigny introduced Deputy Director Rebekah Krell, who presented a detailed review of progress made under the Strategic Plan. He noted that the agency has completed year three of the five-year plan and was in the second month of year four, with 22 months to develop a "refreshed" plan, which would be aligned with the fiscal year.
    
   Ms. Krell reviewed accomplishments under each of the goal areas described in the plan. The Committee discussed the report in detail, and enthusiastically praised the many achievements of Mr. DeCaigny, Ms. Krell and the rest of the staff over the years since the plan was first discussed. They emphasized the importance of telling the story of the Arts Commission's work to the rest of the City family and to the public at large, noting the ways in which San Francisco is a national and even international model.
    
   There was no public comment.
    
7. New Business and Announcements
   The Committee discussed the recent publication by the San Francisco Chronicle featuring the photography of Jim Marshall in the Galleries' City Hall show; the photos are also being shown at the Grammy Foundation in Los Angeles. Mr. DeCaigny reported that Galleries Director Meg Shiffler spoke at the opening of the Grammy show.
    
   Other Commissioners announced current shows at local museums and galleries, featuring artworks by Diane Arbus, Matisse and Diebenkorn, Lynn Hershman Leeson, and a number of shows celebrating the 50th anniversary of the Summer of Love.
    
   There was no further new business or announcements, and no public comment.
    
8. Adjournment 
   There being no further business, the meeting was adjourned at 2:33 p.m.
    

posted 4/10/17 9:00 a.m. spr
approved 5/1/17



 

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Language Accessibility

Translated written materials and interpretation services are available to you at no cost. For assistance, please notify Commission Secretary Sharon Page Ritchie, 415-252-2256, sharon.page_ritchie@sfgov.org.

我們將為閣下提供免費的書面翻譯資料和口譯服務。如需協助，Commission Secretary Sharon Page Ritchie, 415-252-2256, sharon.page_ritchie@sfgov.org.

Materiales traducidos y servicios de interpretación están disponibles para usted de manera gratuita. Para asistencia, notifique a Commission Secretary Sharon Page Ritchie, 415-252-2256, sharon.page_ritchie@sfgov.org.