SUNSHINE ORDINANCE TASK FORCE
Revised – AGENDA
Tuesday, June 26, 2007
4:00 p.m., City Hall, Room 408
Task Force Members
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Seat 1
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Erica Craven (Vice Chair)
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Seat 8
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Bruce Wolfe
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Seat 2
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Richard Knee
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Seat 9
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Hanley Chan
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Seat 3
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Sue Cauthen
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Seat 10
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Nick Goldman
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Seat 4
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Vacant
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Seat 11
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Marjorie Ann Williams
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Seat 5
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Kristin Chu
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Seat 6
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Doug Comstock (Chair)
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Ex-officio
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Kay Gulbengay (Interim COB)
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Seat 7
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David Pilpel
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Ex-officio
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Vacant
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Note: Each item on the Agenda may include minutes, department or agency letters and reports; Task Force reports; and public correspondence. These items will be available for review at City Hall, Sunshine Ordinance Task Force, Room 244.
Call to Order; Roll Call; Agenda Changes
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1.
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Approval of minutes of May 22, 2007. (action item) (5 min) (attachment)
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2.
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Report from Complaint Committee meeting of June 12, 2007. (Sue Cauthen) (action item) (10 min) (attachment)
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a.
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07025
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Determination of jurisdiction of complaint filed by John Templeton against the Historical Preservation Fund Committee for alleged failure to provide notice of its meetings. (action item) (attachment)
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b.
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07028 & 07029
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Determination of jurisdiction of complaints filed by Dan Hirsch and Kelly Satuarno against the Recreation and Parks Department for alleged failure to provide notice of its meetings and failure to post the agenda of the April 19, 2007, meeting 72 hours prior to the meeting. (action item) (attachment)
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c.
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07030
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Determination of jurisdiction of complaint filed by Michael Petrelis against the Department of Public Health for alleged failure to provided copies of public records requested. (action item) (attachment)
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d.
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07031
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Determination of jurisdiction of complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged violation of § 67.24 and 67.34 of the Ordinance for failure to provide copies of digital audio recordings of its meetings. (action item) (attachment)
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e.
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07034 & 07035
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Determination of jurisdiction of complaints filed by Peter Warfield, for the Library Users Association, against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board of Supervisors for alleged violation of §67.21(c) and, possibly, §67.29-7 of the Ordinance for failure to respond to a request for assistance within seven days and possibly insufficient response. (action item) (attachment)
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f.
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07036
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Determination of jurisdiction of complaint filed by Peter Warfield, for the Library Users Association, against the City Attorney's Office for alleged violation of §67.25 of the Ordinance for failure to respond to an Immediate Disclosure Request in a timely manner. (action item) (attachment)
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g.
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07037
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Determination of jurisdiction of complaint filed by Peter Warfield, for the Library Users Association, against the City Attorney's Office for alleged violation of §67.21(c) of the Ordinance for failure to respond to a request for assistance within seven days. (action item) (attachment)
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h.
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07039
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Determination of jurisdiction of complaint filed Paul Graham against the Department of Public Health for alleged failure to respond to a request or to provide requested records. (action item) (attachment)
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i.
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07040
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Determination of jurisdiction of complaint filed by Dr. Ahimsa Sumchai against Supervisor Sophie Maxwell for allegedly interrupting and delaying public comment. (action item) (attachment)
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j.
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07041
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Determination of jurisdiction of complaint filed by Ming Lee against the Department on the Status of Woman for alleged failure to respond to an Immediate Disclosure Request. (action item) (attachment)
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k.
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07042
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Determination of jurisdiction of complaint filed by Francisco Da Costa against Supervisor Sophie Maxwell for allegedly delaying his public comment. (action item) (attachment)
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3.
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07025
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Public Hearing, complaint filed by John Templeton against the Historical Preservation Fund Committee for alleged failure to provide notice of its meetings. (action item) (attachment)
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4.
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07028 & 07029
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Public Hearing, complaint filed by Dan Hirsch and Kelly Satuarno against the Recreation and Parks Department for alleged failure to provide notice of its meetings and failure to post the agenda of the April 19, 2007, meeting 72 hours prior to the meeting. (action item) (attachment)
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5.
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07030
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Public Hearing, complaint filed by Michael Petrelis against the Department of Public Health for alleged failure to provided copies of public records requested. (action item) (attachment)
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6.
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07031
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Public Hearing, complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged violation of § 67.24 and 67.34 of the Ordinance for failure to provide copies of digital audio recordings of its meetings. (action item) (attachment)
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7.
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07034 & 07035
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Public Hearing, complaint filed by Peter Warfield for the Library Users Association against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board of Supervisors for alleged violation of §67.21(c) and, possibly, §67.29-7 of the Ordinance for failure to respond to a request for assistance within seven days and possibly insufficient response. (action item) (attachment)
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8.
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07036
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Public Hearing, complaint filed by Peter Warfield for the Library Users Association against the City Attorney's Office for alleged violation of §67.25 of the Ordinance for failure to respond to an Immediate Disclosure Request in a timely manner. (action item) (attachment)
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9.
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07037
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Public Hearing, complaint filed by Peter Warfield for the Library Users Association against the City Attorney's Office for alleged violation of §67.21(c) of the Ordinance for failure to respond to a request for assistance within seven days. (action item) (attachment)
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10.
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07039
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Public Hearing, complaint filed Paul Graham against the Department of Public Health for alleged failure to respond to a request or to provide requested records. (action item) (attachment)
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11.
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07040
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Public Hearing, complaint filed by Dr. Ahimsa Sumchai against Supervisor Sophie Maxwell for allegedly interrupting and delaying public comment. (action item) (attachment)
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12.
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07041
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Public Hearing, complaint filed by Ming Lee against the Department on the Status of Woman for alleged failure to respond to an Immediate Disclosure Request. (action item) (attachment)
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13.
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07042
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Public Hearing, complaint filed by Francisco Da Costa against Supervisor Sophie Maxwell for allegedly delaying his public comment. (action item) (attachment)
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14.
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Report: Compliance and Amendments Committee: meeting of June 13, 2007. (Richard Knee). (discussion and possible action) (10 min) (attachment)
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15.
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07009
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Continued discussion: The Compliance and Amendments Committee has referred to the Task Force for further consideration their recommendation that the Mayor's Office be found in willful misconduct for failure to comply with the Sunshine Ordinance, and failure to respond to the Order of Determination issued by the full Task Force on March 27, 2007. (discussion and possible action) (15 min) (attachment)
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16.
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Report: Ad Hoc Budget Committee: meeting of June 6, and 14, 2007. (Bruce Wolfe). (discussion and possible action) (10 min) (attachment)
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17.
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Motion amending Section 7 of the Task Force's By Laws as follows [Strikethroughs = deletions; Underlines = additions]:
Section 7. Action at a Meeting; Quorum and Required Vote
The presence of a majority of the members (six members) of the Task Force shall constitute a quorum for all purposes. The affirmative vote of a majority of the members of the Task Force (six votes) shall be required for the approval of all substantive matters. Procedural motions require an affirmative vote of a majority of the members present. If less than nine members are present and available to vote a complainant may request a continuance and the matter shall be continued. If a quorum is not present, no official action may be taken, except roll call and adjournment.
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18.
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Discussion re: Poor public comment reporting in General Obligation Bond Oversight Committee minutes. (discussion and possible action) (10 min) (attachment)
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19.
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a.
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Report from the Special Meeting on the status of amendments to the Ordinance. (discussion and possible action) (10 min) (no attachment)
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b.
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Scheduling: Special Meeting of the Task Force to consider amendments referred from the Compliance and Amendments Committee (action item) (no attachment)
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20.
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Administrator's Report. (discussion) (5 minutes) (attachment)
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21.
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Public comment for items not listed on the agenda. Public comment to be held at 5:00 p.m., or as soon thereafter as possible. (no action item) (12 min)
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22.
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Announcements, questions, and future agenda items from the Task Force. (no action item) (5 min) (no attachment)
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Adjournment
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Next Meeting July 24, 2007
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THE AGENDA PACKET IS AVAILABLE FOR REVIEW MONDAY THROUGH FRIDAY AT CITY HALL, ROOM 244
SUNSHINE ORDINANCE TASK FORCE HEARING PROCEDURES
Note: Each member of the public will be allotted the same maximum number of minutes to speak as set by the Chair at the beginning of each item, excluding persons requested by the Task Force to make presentations. Any person speaking during a public comment period may supply a brief written summary of their comments, which shall, if no more than 150 words, be included in the minutes. (Section 67.16)
Each member of the public who is unable to attend the public meeting or hearing may submit to the City, by the time the proceeding begins, written comments regarding the subject of the meeting or hearing; these comments will be made a part of the official public record. (Section 67.7-1 (c))
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1.
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Complainant presents his/her facts and evidence
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5 minutes
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Other parties present facts and evidence
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Up to 3 minutes each
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2.
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City responds
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5 minutes
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Other parties of City respond
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Up to 3 minutes each
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Above total speaking time for Complainant and City to be the same
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3.
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Complainant presents rebuttal
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3 minutes
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4.
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Public comment
(Excluding Complainant & City response, witnesses)
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Up to 3 minutes each
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5.
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Matter is with the Task Force for discussion and deliberation
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6.
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Vote by Task Force
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Note: Time must be adhered to, if a speaker is interrupted by questions, the interruption does not count against his/her time.
Disability Access: The hearing room is wheelchair accessible.
Chemical-Based Products: In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.
Cell phones, pagers and similar sound-producing electronic devices: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact Frank Darby by mail to Administrator, Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102-4689; by phone at 415 554 7724; by fax at 415 554 7854; or by email at sotf@sfgov.org.
Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, http://www.sfgov.org/sunshine/
Lobbyist Registration & Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (SF Campaign & Governmental Conduct Code Sec. 2.100) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415 581-2300; fax (415 581-2317); web site: sfgov.org/ethics.