File No. ------18037 Item No.8------SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST

Complaint Committee Date: June 26, 2018

(j) ({) Petition/Complaint& Supporting Page:_\ ~ Documents Memorandum - Deputy City Attorney Page: \VH RespondenfsResponse Page: -~p ' ~ Correspondence Page:_ D Order of Determination Page:_ D Minutes Page:_ D Administrator's Report Page:_ D No Attachments

OTHER D D D D D D D D D

Completed by:_---=C....:..... =Le=g=e:..:....r ______Date 06/18/18

*An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file.

P165 Young, Victor

From: administration Sent: Friday, April 06, 2018 5:45 PM To: Young, Victor Subject: RE: SOTF- Sunshine Ordinance Task Force response to request RE: Brown Act Violation Complaint

Yes, I would like to file a complaint with the Sunshine Ordinance Task Force against:

Mark Farrell Aaron Peskin Hi,lary Ronen Norman Yee Sandra Fewer Jane Kim Jeff Sheehy

Please consider the allegations in my earlier letter to constitute my complaint, and please initiate the complaint J)rocedures.

Sincerely,

Reverend Dr. Amos C. Brown President SF NAACP

·From: Young, Victor [mailto:[email protected]] Sent: April 5, 2018 10:40 AM To: administration Cc: [email protected]; Chris Hyland ; Calvillo, Angela {BOS) . · Subject: SOTF- Sunshine Ordinance Task Force response to request RE: Brown Act Violation Complaint

Dr. Brown:

At the April4, 2018, meeting the Sunshine Ordinance Task Force {SOTF) reviewed your March 13, 2018, letter requesting that the Office of the District Attorney, Ethics Commission and SOTF investigate allegation against certain members of the Board of Supervisors.

The SOTF would like to know if you wish to file a complaint against certain members of the Board of Supervisors for possible violation of the Brown Act and the Sunshine Ordinance. I have attached a copy of the SOTF Complaint Procedures for your review but to summarize:

• The complaint will be referred to the Respondent {Please provide the names of the specific Respondents to be included in the complaint) • A hearing befo"re the SOTF Complaint Committee will be scheduled to review the matter prior to the full SOTF meeting- Both the Complainant and the Respondent are required to attend the hearing to provide testimony P166 e A hearing before the SOTF will be scheduled to review the merits of the complaint -The Complainant . and the Respondent are required to attend the hearing to provide testimony e Upon conclusion of the SOTF hearing an Order of Determination will be issued

Please let me know if you would like to open a SOTF complaint. Thank you.

Victor Young 415-554-7724 Administrator, Sunshine Ordinance Task Force

From: administration [mailto:[email protected]] Sent: Tuesday, March 20, 2018 6:08 PM To: Young, Victor Subject: Brown Act Violation Complaint

On behalf ofthe San Francisco NAACP please see attached complaint.

P2167 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

DENNIS J. HERRERA MARC PRICE WOLF City Attorney Deputy City Attorney

Direct Dial: (415) 554-3901 Email: marc .price. wolf@sfcityatty .org

MEMORANDUM

TO: Sunshine Ordinance Task Force FROM: Marc Price Wolf Deputy City Attorney DATE: June 21, 2018 RE: Complaint No. 18037- Amos Brown and NAACP v. Supervisor Hillary Ronen

COMPLAINT Complainants Reverend Dr.Amos Brown and the National Association for the Advancement of Colored People ("Complainants") allege that Supervisor Hillary Ronen violated provisions of the Sunshine Ordinance and Cal. Gov't Code Section 54950 et seq. ("the Brown Act") by failing to make all meetings of any policy body open and public by holding a seriatim or serial meetings prior to the commencement of the January 23, 2018 Board of Supervisors meeting ("the Meeting"). COMPLAINANT FILES THIS COMPLAINT On April6, 2018, Complainants filed this complaint with the Task Force alleging that Ms. Ronen violated provisions of the Sunshine Ordinance and the Brown Act relating to the notice and protocol of public meetings. JURISDICTION The Board of Supervisors is a policy body under the Ordinance. The Task Force therefore generally has jurisdiction to hear a complaint of a violation of the Ordinance against the Board. The Commission has not contested jurisdiction. APPLICABLE STATUTORY SECTION(S) Section 67 of the San Francisco Administrative Code: • Sections 67.3 and 67.5. Section 54950 et seq. Cal. Gov't Code (Brown Act) • Sections 54952.2, 54953.3, 54954, 54954.2, and 54954.3 BACKGROUND On April6, 2018, Reverend Dr. Amos Brown, President of the SF NAACP, notified the SOTF that he wanted to file a complaint with the Sunshine Ordinance Task Force against Mark Farrell, Aaron Peskin, Hilary Ronen, Norman Yee, Sandra Fewer, Jane Kim, and Jeff Sheehy (collectively "Supervisors").

FOX PLAZA · 1390 MARKET STREET, 6TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 ·FACSIMILE: (415) 437-4644

/users/marcwolf/documents/marc sf cao/sunshine/18036 amos brown and naacp v. supervisor hillary ronen.doc P168 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY

MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: June 21, 2018 PAGE: 2 RE: Complaint No. 18037- Amos Brown and NAACP v. Supervisor Hillary Ronen

The complaint alleges that the Supervisors held serial meetings or a seriatim meeting about the appointment of an interim mayor before the January 23, 2018, Board of Supervisors Meeting, during which Supervisor Farrell was appointed Interim Mayor. The complaint relies on information printed in the January 28, 2018, San Francisco Chronicle Article, "Unusual Pairing of Supervisors Helped Unite Majority of Board Against Breed"; the January 24, 2018 48hills.org article, "Farrell as Mayor: How Did This Happen?"; and the January 23, 2018 Missionlocal.org article, "Mark Farrell is Your New Mayor- and Pandemonium Ensues." Supervisors Fewer, Peskin, Ronen, and Yee each wrote letters to the SOTF denying any wrongdoing. A legislative aide for Supervisor Sheehy wrote an email to the SOTF acknowledging receipt of the complaint and stating that his office was awaiting further instructions.

QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS

• Did a majority of the Supervisors meet to discuss the substance of any policy issues, including the appointment of an interim mayor, before the January 23, 2018 Board of Supervisors meeting? • Can the Complainants provide any evidence that the substance of an agenda item/policy issue/appointment of an interim mayor was discussed before the January 23, 2018 Board of Supervisors meeting?

LEGAL ISSUES/LEGAL DETERMINATIONS

• Should any of the alleged discussions between members of the Board of Supervisors before the January 23, 2018 meeting be defined as a policy body meeting under Administrative Code Section 67.3? • Did any of the Supervisors violate the Brown Act by holding a seriatim meeting or serial meetings?

CONCLUSION

THE TASK FORCE FINDS THE FOLLOWING FACTS TO BE TRUE:

THE TASK FORCE FINDS THE ALLEGED VIOLATIONS TO BE TRUE OR NOT TRUE. * * * CHAPTER 67, SAN FRANCISCO ADMINISTRATIVE CODE (SUNSHINE ORDINANCE)

SEC. 67.3. DEFINITIONS.

Whe~ever in this Article the following words or phrases are used, they shall have the following meanmgs: (a) "City" shall mean the City and County of San Francisco.

p lu£f~marcwolf/documents/marc sf cao/sunshine/18036 - amos brown and naacp v. super CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: June 21, 2018 PAGE: 3 RE: Complaint No. 18037- Amos Brown and NAACP v. Supervisor Hillary Ronen

(b) "Meeting" shall mean any ofthefollowing: (1) A congregation of a majority of the members of a policy body at the same time and place; (2) A series of gatherings, each of which involves less than a majority of a policy body, to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the City, if the cumulative result is that a majority of members has become involved in such gatherings; or (3) Any other use of personal intermediaries or communications media that could permit a majority of the members of a policy body to become aware of an item of business and of the views or positions of other members with respect thereto, and to negotiate consensus thereupon. (4) "Meeting" shall not include any of the following: (A) Individual contacts or conversations between a member of a policy body and another person that do not convey to the member the views or positions of other members upon the subject matter of the contact or conversation and in which the member does not solicit or encourage the restatement of the views of the other members; (B) The attendance of a majority of the members of a policy body at a regional, statewide or national conference, or at a meeting organized to address a topic of local community concern and open to the public, provided that a majority of the members refrains from using the occasion to collectively discuss the topic of the gathering or any other business within the subject matter jurisdiction of the City; or (C) The attendance of a majority of the members of a policy body at a purely social, recreational or ceremonial occasion other than one sponsored or organized by or for the policy body itself, provided that a majority of the members refrains from using the occasion to discuss any business within the subject matter jurisdiction of this body. A meal gathering of a policy body before, during or after a business meeting of the body is part of that meeting and shall be conducted only under circumstances that permit public access to hear and observe the discussion of members. Such meetings shall not be conducted in restaurants or other accommodations where public access is possible only in consideration of making a purchase or some other payment of value. (C-1)* The attendance of a majority of the members of a policy body at an open and noticed meeting of a standing committee of that body, provided that the members of the policy body who are not members of the standing committee attend only as observers. (D) Proceedings of the Department of Social Services Child Welfare Placement and Review Committee or similar committees which exist to consider confidential information and make decisions regarding Department of Social Services clients. (c) "Passive meeting body" shall mean: (1) Advisory committees created by the initiative of a member of a policy body, the Mayor, or a department head; (2) Any group that meets to discuss with or advise the Mayor or any Department Head on fiscal, economic, or policy issues; (3) Social, recreational or ceremonial occasions sponsored or organized by or for a policy body to which a majority of the body has been invited. (4) ''Passive meeting body" shall not include a committee that consists solely of employees of the City and County of San Francisco created by the initiative of a member of a policy body, the Mayor, or a department head; (5) Notwithstanding the provisions of paragraph (4) above, "Passive meeting body" shall include a committee that consists solely of employees of the City and County of San Francisco

p {j(j/marcwolf/documents/marc sf cao/sunshine/18036- amos brown and naacp v. super CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: June 21, 2018 PAGE: 4 RE: Complaint No. 18037 Amos Brown and NAACP v. Supervisor Hillary Ronen

when such committee is reviewing, developing, modifying, or creating City policies or procedures relating to the public health, safety, or welfare or relating to services for the homeless; (d) "Policy Body" shall mean: (1) The Board of Supervisors; (2) Any other board or commission enumerated in the Chart~r; (3) Any board, commission, committee, or other body created by ordinance or resolution of the Board of Supervisors; (4) Any advisory board, commission, committee or body, created by the initiative of a policy body; (5) Any standing committee of a policy body irrespective of its composition. (6) 11 Policy Body11 shall not include a committee which consists solely of employees of the City and County of San Francisco, unless such committee was established by Charter or by ordinance or resolution of the Board of Supervisors. (7) Any advisory board, commission, committee, or council created by a federal, State, or local grant whose members are appointed by City officials, employees or agents.

SEC. 67.5. MEETINGS TO BE OPEN AND PUBLIC; APPLICATION OF BROWN ACT.

All meetings of any policy body shall be open and public, and governed by the provisions of the Ralph M. Brown Act (Government Code Sections 54950 et. seq.) and of this Article. In case of inconsistent requirements under the Brown Act and this Article, the requirement which would result in greater or more expedited public access shall apply.

THE BROWN ACT (GOVT. CODE§§ 54950 ET SEQ.)

SEC. 54952.2.

(a) As used in this chapter, 11 meeting 11 means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. {2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following:

p {jr/marcwol£'documents/marc sf cao/sunshine/18036- amos brown and naacp v. super CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: June 21, 2018 PAGE: 5 RE: Complaint No. 18037- Amos Brown and NAACP v. Supervisor Hillm-y Ronen

(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body ofthe local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.

SEC. 54953.3 Conditions to Attendance

A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.

If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document.

SEC. 54954 Time and Place of Regular Meetings; Special Meetings; Emergencies

(a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees, for which an agenda is posted at least

p 1/2/marcwolf/docurnents/marc sfcao/sunshine/18036- amos brown and naacp v. super CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY

MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: June 21, 2018 PAGE: 6 RE: Complaint No. 18037- Amos Brown and NAACP v. Supervisor Hillary Ronerr

72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body.

(b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following:

(1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party.

(2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property.

(3) Participate in meetings or discussions ofmultiagency significance that are outside the boundaries of a local agency's jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter.

(4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction.

(5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction.

( 6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility.

(7) Visit the office of the local agency's legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs.

(c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdivision (b), or to do any of the following:

(1) Attend a conference on nonadversarial collective bargaining techniques.

(2) Interview members of the public residing in another district with reference to the trustees' potential employment of an applicant for the position of the superintendent of the district.

p lJ~/marcwolf/documents/marc sfcao/sunshine/18036- amos brown and naacp v. super CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: June 21, 2018 PAGE: 7 RE: Complaint No. 18037 Amos Brown and NAACP v. Supervisor Hillary Ronen

(3) Interview a potential employee from another district.

(d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961.

(e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time.

SEC 54954.2 Agenda; Posting; Action on Other Matters; Posting on Internet Web Site

(a)(1) At least 72 hours before a regular meeting, the legislative body ofthe local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency's Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 ( 42 U.S. C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.

(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:

(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. (B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:

(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.

p {jlf/marcwolf/documents/marc sf cao/sunshine/18036 - amos brown and naacp v. super· CiTY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: June 21, 2018 PAGE: 8 RE: Complaint No. 18037 Amos Brown and NAACP v. Supervisor Hillary Ronen

(ii) Platform independent and machine readable.

(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.

(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:

(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct linlc shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.

(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.

(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.

(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).

(D) For the purposes of this paragraph, both of the following definitions shall apply:

(i) "Integrated agenda management platform" means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.

(ii) "Legislative body" has the same meaning as that term is used in subdivision (a) of Section 54952.

(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.

p -{,eg/marcwolf/documents/marc sf cao/sunshine/18036- amos brown and naacp v. super CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: June 21, 2018 PAGE: 9 RE: Complaint No. 18037- Amos Brown and NAACP v. Supervisor Hillary Ronen

(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.

(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.

(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.

(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, ifless than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).

(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.

(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:

(1) A legislative body as that term is defined by subdivision (a) of Section 54952.

(2) A legislative body as that term is defmed by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.

SEC 54954.4 Opportunity for Public to Address Legislative Body; Adoption of Regulations; Public Criticism of Policies

p lJ~/marcwolf/documents/marc sf cao/sunshine/18036 - amos brown and naacp v. super CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: June 21, 2018 PAGE: 10 RE: Complaint No. 18037- Amos Brown and NAACP v. Supervisor Hillary Ronen

(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.

(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.

(2) Notwithstanding paragraph (1 ), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.

(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.

(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.

p 1//'marcwolf/documents/marc sfcao/sunshine/18036- amos brown and naacp v. super Sunshine Ordinance Task Force Complaint Summary

File No. 18037

National Association for the Advancement of Colored People V Supervisor Hillary Ronen, Board of Supervisors

Date filed with SOTF: 3/6/18 4/5/18 (Receipt of request to proceed with complaint)

Contacts information (Complainant information listed first): [email protected] Complainant) Supervisor Hillary Ronen, Board of Supervisors (Respondents)

File No. 18037: Complaint filed by Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Hillary Ronen, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b)(l), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings.

Administrative Summary if applicable:

Complaint Attached.

P178 Complainant/Petitioners Documents Submission.

P179 SAN FRANCISCO BRANCH NAACP

March 13, 2018

George Gascon Office of the District Attorney 850 Bryant, 3rd Floor San Francisco, CA 94112

Re: Board of Supervisors' Willful Violation of the Brown Act and Sunshine Ordinance

Dear District Attorney Gascon,

This letter requests that you open an investigation into the willful violation of the Brown Act and of San Francisco's Sunshine Ordinance by certain members of the Board of Supervisors. The violation was a blatant, well-publicized "serial meeting;, among at least six Board members who planned the appointment of Mark Farrell as Mayor. By copy of this letter to the Ethics Commission and the Sunshine Ordinance Task Force, I am also asking those bodies to open their own investigations.

The Law California's Ralph M. Brown Act, Government Code§ 54950 et seq., is incorporated into San Francisco law by the city's own Sunshine Ordinance, Administrative Code§ 67. Both laws require that all Board and committee meetings involving a quorum are publicly noticed and open to the public, and allow public participation. (Govt Cod.e §§ 54953.3, 54954, 54954.2,54954.3.) The point of these rules is to encourage public participation in city decisions and to prevent the misuse of the democratic process by secret legislation.

The Brown Act generally applies to meetings where a quorum is present, i.e., a majority of the Board or committee. But it also prohibits several one-on-one meetings or conferences which lead to a discussion, deliberation or action by a majority of the Board. Specifically, "a majority of the members of a legislative body shall not, outside a meeting ... use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." (Govt Code§ 54952.2(b)(1).)

These prohibited "serial meetings" generally occur in two ways. In the "daisy-chain" scenario, one Board member contacts another, who contacts another, and so on, until a quorum of the Board has discussed, deliberatedor taken action on an item within its jurisdiction. In the "hob-and-spoke" scenario, one Board member communicates with other members one-by-one for a decision on a proposed action and, in the process, information about the members' respective views is revealed. (Open & Public IV: A guide to the Ralph M. Brown Act (2nd Ed. 2010), pg. 17.) In both scenarios, the meetings can take place by phone, email, text, etc., as well as in person.

1290 Fillmore Street G San Francisco, CA 94115 • sJlt1~99 • (415} 922-0650 e Fax: (415} 922-0856 The Facts

On January 23, 2018, then-Supervisor Farrell was appointed Interim Mayor by the Board of Supervisors after the death of Mayor Ed Lee late in 2017. The vote was extremely controversial, in no small part because Farrell and a number of other supervisors- in what was a clear and willful violation the Brown Act and the Sunshine Ordinance- had planned behind closed doors to remove Acting Mayor London Breed from her position ·and to install Farrell.

It is clear that the following Supervisors engaged in a series of one-on-one meetings in order to discuss and operationalize this plan: Supervisors Hillary Ronen, Aaron Peskin, Sandra Lee Fewer, Jane Kim, Norman Yee and Mark Farrell himself (and likely Jeff Sheehy as well). In other words, these Supervisors engaged in a prohibited serial meeting. In fact, these Supervisors have been remarkably up-front about their Brown Act violations, discussing their seria I meeting planning with members of the local press. These accounts provide ample evidence of the violations and are worth quoting at length.

. From the San Francisco Chronicle, "Unusual pairing of supervisors helped unite majority of board against Breed," January 28, 2018:

"The progressives- they number five, a minority at the Board of Supervisors -were also rattled by Lee's death and Breed's rise."

"So within days of Lee's death, they crafted a compelling talking point, saying it was unfair that one person had consolidated power in both the executive and legislative branches, as Breed remained president of the Board of Supervisors. The search began.for a caretaker to replace Breed and fill Lee's term until the June 5 election."

"On Jan. 9, the filing deadline to enter the mayor's race, Kim and Supervisor Sandra Lee Fewer, who is also a progressive, met with Herrera at a coffee shop across the street from City Hall."

"Also on Jan. 9, Ronen, Peskin and Farrell met at Gino and Carlo's bar in North Beach to figure out how to put together six votes."

-2-

1290 Fillmore Street e San FranCisco, CA 94115 o stfit1~69 • {415) 922-0650 • Fax: {415) 922-0856 "The long dance between five progressives and two moderates culminated with 9 stunning Board of Supervisors meeting at which scores of people lined up for public comment that lasted three hours."

From 48hills.org, "Farrell as mayor: How did this happen?" January 24, 2018:

"The strategy clearly wasn't spontaneous -the progressives knew in advance what was going on, but it was the best kept secret at City Hall in a long time. As one source who ·is not on the board told me: "I think they were too confident and underestimated the progressives."

From Missionlocal.org, "Mark. Farrell is your new mayor- and pandemonium ensues," January 23, 2018:

"One office over, Supervisor Aaron Peskin was in a far more sanguine place. Several days earlier, he had told me he was working O\.lt "Entebbe scenarios" in his head, referencing the famously audacious 1976 military raid. All in the interest of successfully unseating Breed and installing a caretaker."

"This was a long~rumored deal. Peskin smiled and declined to answer just how recently this arrangement had been struck, but few failed to note that Farrell's wife and three beautiful kids- dead ringers for the Von Trapp family all- had time to put on nice suits and dresses for his 9 p.m. press briefing."

In other words, these press accounts (enclosed with this letter) show that five progressive Supervisors and Mark Farrell- a majority of the 11-member Board-together planned the "unseating" of Acting Mayor Breed, likely under the direction of "Entebbe coordinator" Aaron Peskin. Meetings with Farrell and the City Attorney were even held on the same day, January 9, 2018. By January 23, 2018, Farrell was enough prepared for his appointment to have his wife and children well-dressed and ready to attend his swearing in.

Indeed, at the Board meeting that evening, all six Supervisors played their roles to perfection. In anticipation of potential public backlash for removing an African-American woman as Acting Mayor, Supervisor Fewer nominated a "woman of color," Supervisor Kim, who promptly declined, noting that she had wished to nominate another woman of color, Naomi Kelly. Supervisor Ron en similarly had decried the influence of "white, rich men" in City Hall, echoing comments made earlier by Supervisor Peskin. Supervisor Vee ultimately was the one who nominated Supervisor Farrell, who recused himself and left the room. All perfectly choreographed in advance­ improperly- by six supervisors, a majority of the Board.

-3-

8 1290 Fillmore Street • San Francisco, CA 94115 e sB}e 1~9 • (415} 922-0650 • Fax: (415) 922-0856 Conclusion

The facts here are clear. I am outraged that the six (maybe seven) Supervisors mentioned above engaged in exactly the type of backroom dealing the Brown Act and the Sunshine Ordinance were designed to prevent. And these SupervlsOf's knew exactly what they were doing. All of them have attended the City's required Sunshine and Ethics trainings, many for several years. and undoubtedly knew that their actions were illegal. Their actions therefore exhibited no less than a blatant and willful disregard to the public's fundamental right of access to governmental decision-making guaranteed under the Brown Act.

I therefore urge ypu to investigate these actions further and to bring charges as permitted pursuant to Government Code S49S9.1 also urge the Ethics Commission and the Sunshine Ordinance Task Force to investigate this matter and to formally declare each of the above-named Supervisors guilty of official misconduct.-

Sincerely yo~rs, ~(,~ Dr. Amos C Brown

cc: Leeann Pelham, Executive Director, San Francisco Ethics Commission . Victor Young, Administrator, Sunshine Ordinance Task Force

Enclosures: Farrell as mayor_ How did this happen_- 48 hills. pdf Mission Local.pdf

1290 Fillmore Street • San Francisco, CA 94115 • S~iJe~~9 o (415} 922-0650 • Fax: (415} 922-0856 -4-

1290 Fillmore Street o San Francisco, CA 94115 • s!;tl ~j9 • {415} 922-0650 • Fax: {415} 922-0856 Unusual pairing of supervisors helped unite majority of board against Breed - San Francisco Chronicle 3/13/18, 6:46AM

Politics

Unusual pairin.g of supervisors helped unite majority of board against Breed

By Rachel Swan l January 28, 2018 Updated: January 29, 2018 6:ooam

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Photo: Santiago Meji?J., The Chronicle ::: . ~ ~ ... ~ ~

IMAGE I OF 4 Mark Farrell leaves· the Board of Supervisors meeting Tuesday after being selected as San Francisco's interim mayor. Farrell, a moderate, joined forces with Supervisor Hillary Ronen, a progressive, to sway ... more

The seismic vote' to install MarkFarrell as San Francisco's interim mayor- a vote that could potentially reshape the city's political universe for the next decade- began with an early January lunch date at the Grove cafe in Hayes Valley.

There, over soup and tea, Farrell and Supervisor Hillary Ronen commiserated about their shared disgust with money ruling politics in San Francisco.

The two made for an unusual pair: Farrell, the moderate venture capitalist from a prosperous northern district, and Ronen, the heart-on-her-sleeve progressive who represents the scrappy Mission.

But they joined forces over what Ronen said was an aversion to wealthy political players -

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even though Fanell worked in tech and finance, and considered many of these people his friends, he was wary of their influence.

"This is what holds the seven of us together across party lines," Ronen said late last week, referring to Fanell and the five progressive supervisors plus moderate Supervisor Jeff Sheehy, who voted to give him the city's top job.

Fanell declined to comment on any of discussions related to his appointment that occuned before Tuesday's vote.

"I have spoken with a lot of individuals both before the vote and after the vote," he said Friday. "I am not going to comment on the particulars of any of those conversations."

Fanell had long aspired to be mayor and was positioning himself for the 2019 race before the abrupt death of Mayor Ed Lee on Dec. 12. He had spent the past year working on legacy projects like an underground fiber network to provide fast Internet throughout the city, a bill to put a bronze statue of poet Maya Angelou outside the city's Main Library, and an effort to increase women's representation in the public sphere to 30 percent .

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"He was more focused on citywide issues than any other district supervisor," said Democratic strategist Nathan Ballard, who is close to Fanell. Ballard noted that the types of issues Fanell

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was pursuing were the sort that become a blueprint for a campaign.

Farrell's dream vanished withLee's death. RELATED . What would have been a leisurely trot to the November 2019 vote became a six­ SF progressives looked for a caretaker mayor. month sprint to the June 5 election that Farrell doesn't Farrell wasn't prepared for.

On top of that, board President London Ron Conway hits back: Bouncing Breed was Breed was catapulted into the role of an ~underhanded, acting mayor.. The two already had a rivalry dating to when Breed swept up the London Breed's votes for re-election as board president - sudden, short term as a position Farrell had also wanted - last SF's acting mayor year. And it worsened when she took over Lee's job. Plus, as acting mayor Breed could use the power of the incumbency to bolster her own campaign for mayor this year.

The progressives - they number five, a minority at the Board of Supervisors - were also rattled by Lee's death and Breed's rise.

Some worried she had an unfair advantage over the more left-leaning candidates in the mayor's race, Supervisor Jane Kim and former state Assemblyman and Sen. Mark Leno. And Ronen said Breed was being supported by the same group of tech moguls and real estate billionaires who advised previous Mayors Ed Lee, Gavin Newsom and Willie Brown.

So within days of Lee's death, they crafted a compelling talking point, saying it was unfair that one person had consolidated power in boththe executive and legislative branches, as Breed remained president of the Board of Supervisors. The search began for a caretaker to . replace Breed and fill Lee's term until the June 5 election.

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The progressives first set their sights on City Attorney Dennis Herrera, who has a genial relationship with the city's left and is also a longtime friend of Sheehy, the crucial sixth vote the progressives were able to attract.

But that initiative fell apart largely because Herrera also wanted to run for mayor on June 5, which would put him in direct competition with Leno and Kim, the preferred candidates of the progressives.

On Jan. 9, the .filing deadline to enter the mayor's race, Kim and Supervisor Sandra Lee Fewer, who is also a progressive, met with Herrera at a coffee shop across the street from City . Hall.

Herrera was trailing in polls and could have gotten a significant.boost by holding the interim mayor's job for five months- potentially edging out Kim, Leno and Breed. Kim didn't commit to support him that day, and he decided after their meeting to bow out of the mayor's · race. He also declined to be a caretaker who would not run in the June election.

Enter Farrell, who had long expressed a desire to be the city's leader. He had already discussed the interim mayor role with some of his close associates before presenting himself to Ronen.

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At the same time, Breed, who had the ability as board president to schedule a vote on an interim mayor, had made little effort to do so, said Supervisor Aaron Peskin, the most outspoken and politically savvy of the progressives. He was livid.

"It became clearer and clearer she wanted to hang on to both branches of government," he said. "It created the space for Mark Farrell and Hillary Ronen to coalesce."

Breed said she had sent several emails trying~to schedule a vote but couldn't find a day for a special meeting in January when everyone was available.

So the vote was pushed to·the board's next regular meeting on Jan. 23, giving the progressives, Farrell and Sheehy two weeks to negotiate.

Also on Jan. 9, Ronen, Peskin and Farrell met at Gino and Carlo's bar in North Beach to figure out how to put together six votes.

The trick was courting Sheehy, who is running a competitive race against progressive challenger Rafael Mandelman to keep his seat in District Eight, which includes the Castro, Noe Valley, Glen Park and Diamond Heights neighborhoods. His campaign is sputtering­ Sheehy lost his second campaign consultant last week -and several of the board's progressives have endorsed Mandelman.

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But Sheehy is a friend of Farrell's, who could probably rally the city's police and building trades unions to shore him up in the District Eight race. Sheehy was also repelled by what he saw as Breed's reluctance to give up the acting mayor role.

"Fundamentally, I didn't think one person should be acting mayor and supervisor," he said.

The long dance between five progressives and two moderates culminated with a stunning Board of Supervisors meeting at which scores of people lined up for public comment that lasted three hours. Breed's supporters accused the board of racism and sexism, because Breed· is an African American woman. But others criticized Breed for violating the concept of separation of powers in city government.

As Breed and Farrell were both nominated to be interim mayor, only nine of the 11 supervisors voted. Breed got four yes votes, while Farrell got six. Sheehy voted for both of therri.

"It was not an intelligent political move," Sheehy said of his vote for Farrell, which caused Breed's allies to turn against him. The fl.areup began in the board chambers, where an angry crowd stood and jeered as sheriff's deputies escorted the supervisors out. Sheehy was advised to avoid taking mass transit for the next few days.

Breed said later that she was disappointed but not surprised by the vote.

"I basically knew I didn't have six votes, and that someone (else) was probably going to be selected," she said. "I just didn't know who."

To others, Breed's defeat signaled that she hadn't formed enough strong relationships on the . board and hadn't been solicitous enough of Sheehy, the independent.

"It's a classic story of San Francisco politics," said longtime political consultant Jim Stearns, who works for Lerro. "If you don't have a shocking strategy, then somebody else does."

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Rachel Swan is a San Francisco Chronicle staff writer. Email: [email protected] Twitter: @rachelswan

----·····-··-·-·-·:--.::::·-::··::·····:: -::::.:·-::.::::::.::::::····-- ~::::~~-:.. ·::.:;.:: ... :··--···:.::··-:: ___ ·-~:·::::::::.-:::-;.:=::::·--:~:::::::~-----···::.::-.::::···--·-:::::::::.::::;,a-··::::··-.:::::::::::::::::···----:::-~:::-..:::=::-·-.::·······:::·.:·-::.:···:.::;_:-.::;::::··--·-··::::::::::.:~-==~ Rachel Swan City Hall Reporter

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Farrell as mayor: How did this happen? Plutocrat Ron Conway tried to bully the supervisors to get his wa'y

BY TIM REDMOND- JANUARY24, 2018 How did Mark Farrell, one of the most conservative members of the Board of Supes, wind up wii interim mayor? How did Jeff Sheehy, who has generally voted with the moderates, and who initi: being the swing vote for Farrell?

You can thank Ron Conway - and the fact that Breed was reluctant initially to give up her DS sea·

Ron Conway, Big Tech's power broker

From what I can gather, if Breed had schedu~ed the meeting to choose a new mayor two weeks a . on the job. The progressives had five votes; the moderates had five votes. Nobody could count to remain as both board president and acting mayor, possibly until the June election.

But then Conway started acting like the plutocratic bully he is, and his attempts to scare off any J

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backfired.

In the past week or so) Conway has been calling supervisors) and) as Sup. Hillary Ronen descrih them he would destroy their careers if they didn't side with Breed.

That allowed the progressives to change the dynamic in the race: As Ronen pointed out} the sam over the. past two administrations} causing massive displacement and a staggering wealth gap) V'i want a change in the direction of the city's policies were going to look for someone else.

That's actually a stronger political argument than the "separation of.powers" case that Sup. Aaro unprecedented) and not a good idea for one person. to run both the executive and legislative braJ period of time~

But in the end) challenging a billionaire who is linked to failed policies and is trying to singlehar winning strategy.

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Breed .was never likely to get six votes to be interim mayor) and even if she did) she would have 1: would mean she'd be out of a job entirely if she lost in June.

When Sup. Norman Yee nominated Farrell} and Farrell agreed to accept the nomination} Breed J two supes in the running) and thus unable to vote} there were only nine votes left. On the first ro

Farrell is termed out in November anyway) so he only loses a few months in office. He will) how< finance business; which he continued as a board member. The mayor by law can't have an outsic

For the progressives) the idea of Breed running as an incumbent) with that huge advantage) was communities in San Francisco can survive" a long-term Breed administration allied with Conwa: . . ' progressive leader} who is not on the board) told me recently.

So they took the only play they could get, knowing that Sheehy (who is not close to Breed) might who is in a close race for his D8 seat} winds up with a mayor who may endorse him} but at the ve support his opponent, Rafael Mandelman.

With only four months in office} it's unlikely Farrell will do much of anything particularly drama position himself to run in 2019 -but there will almost certainly be an incumbent in that race.

It was; some of the players admit} a gamble: Choosing a white man who wants tasers for the cop.

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venture capitalist) over an African American woman will be hard to explain.

But as several speakers noted) this was really about politics and power- and the most important not dominated by an incumbent.

The strategy dearly wasn't spontaneous- the progressives knew in advance what was going on) in a long time. As one source who is not on the board told me: "I think they were too confident a

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Tim Redmond Tim Re\'lmond has been a political and investigative reporter in San Francisco for rna time as executive editor ofthe Bay Guardian. He is the founder of 48hills .

. ·.:,:.

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Mark Farr~ll is your new mayor - and pandemonium ensues

By Joe Eskenazi (httgs:/.Lmissionlocal.orgLauthor/.joeeL). Posted January 23, 2018 10:39 pm

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aments after he provided the sixth and deciding vote to oust London Breed from the position of acting mayor and install Marl< Farrell as caretaker, Supervisor Jeff Sheehy, all six-foot-four of him, Mwas sprawled out in a seat in his City Hall office. He looked spent. He was spent.

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He had voiced his "ayes" for Farrell in a willowy near-whisper, triggering an extended period of bedlam in the board chambers in which Breed's largely African American supporters noisily shut down the Tuesday night meeting, accused the board of reviving Jim Crow in 2018 and locked eyes with the District 8 Supe and charged him -yes, you, Jeff Sheehy- with wholesale racism. When livid members of the public leaned in, shouted his name, and unloaded vast quantities of vitriol, Sheehy didn't return their gaze. He seemed to be in a faraway place.

Afterwards, in his office, he offered a wan grin. 11Well," he said after a moment's thought referring to the tech billionaire who supports Breed, '11 guess Ron Conway wonlt run an independent expenditure campaign for me."

One office over, Supervisor Aaron Peskin was in a far more sanguine place. Several days earlier, he had told m·e he was working out }}Entebbe sce~arios (httQs:LLen.wikiQedia.orgLwikiLOQeration Entebbe):' in his head, referencing the famously audacious 1976 military raid. All in the interest of successfully unseating Breed and installing a caretaker.

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And, lo, that came to pass.

Peskin and his progressive cohorts successfully pushed Breed out of her awkward and untenable dual role as mayor and board president on the cusp of June's mayoral election, providing what progressives would call }'a free and fair election" in the forthcoming race between Breed, Jane l

As is the case when landscapes suddenly change, there were earthquakes and fire and rumbling. It was a deeply ugly scene.

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In short, the left-leaning bloc of the city's legislative body, at this particular moment in American history, chose to unseat a black woman who worked her way from public housing to City Hall and replace her with a well-off white venture capitalist who graduated from St. Ignatius High and lives in the Marina.

The optics here are so bad they border on evil. Breed's incensed supporters shouted down the proceedings for a good 10 minutes; the room was cleared and, after the meeting was subsequently curtailed, the supes were escorted back to their offices by sheriff's.deputies. The deputies offered to escort the legislators back to their cars as well. Peskin, for one, refused. "I am not leaving until! see the mayor sworn in," he said. "Tonight" Waiting any longer would be unacceptable. "Shenanigans," he explained.

here's a saying in politics that when you're e~plaining, you're losing. Quintuple that when a Caucasian person attempts to explain to Breed's largely black, largely female- and extraordinarily fervent- T· backers that what happened tonight wasn't racist and regressive. .

That unenviable task falls to Peskin and his cohorts. "The more Ron Conway opehly became the kingmaker for London, the more people like me who have come to respect her and work with her very well be.came more and more reticent," he explained.

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Conway, the billionaire tech investor and Ed Lee's preferred financier, had purportedly begun stumping for

Breed while attending Lee's private funeral (htt~LLwww.sfexaminer.comLron-conway-backs-london-breed­ mayor-ed-lees-private-funeraiL). -·coalescing the powers-that-be around the acting mayor literally over her predecessor's dead body.

This brazen act was followed by reports of Conway cajoling_(htt~LLwww.sfexaminer.comLtech-mogul-ron­ conway-shakes-supervisors-sUP-Qort-london-breed-mayori). supervisors into backing Breed- or else (This would appear to be the financial repercussions Sheehy, who must defend his seat against Rafael Mandelman, was alluding to).

When an unelected billionaire purportedly hijacks a private funeral and refashions it into a campaign rally, then follows up on that by shaking down sitting legislators, politicians must act- or lose credibility. Conway hovered over Tuesday's meeting like a white, billionaire Banquo's ghost. His gauche behavior was not rebuked by those he would favor. So it became fodder for those he would not.

At the tail end of last night's marathon meeting, Mission District Supervisor Hillary Ronen launched into a 10- minute stemwinder of a speech. It was one of the rawest and most emotional deliveries your humble narrator has ever seen delivered in board chambers. Ron en praised Breed and her supporters- '~I can hear the love in the room." Breed appeared circumspect throughout. She was waiting for the "but." It was coming.

''I have to say it/' Ronen continued, i'there are white, rich men, billionaires, in this city who have steered the policies of the past two mayoral administrations. if not more."

At this point, Breed's most vociferous backers in the chambers began shaking their heads- no, no, no, no! They knew where this was going.

''They got us into this absolute mess we are in today, where poor people and people of color cannot afford to live in this city," the supervisor continued. "It is absolutely ridiculous and outrageous and it weighs on me as a supervisor. I can't sleep at night."

Ron en broke into tears while saying this. Others' tears would come later.

"I hate to say it, I wish it weren't so, but'those white men are so enthusiastically supporting your candidacy, London Breed. And what you haven't heard because you're not in.this inside world we all inhabit in City Hall is that they've been threatening people. They're all saying if you don't support London Breed that people's careers will be ruined .... It is happening right now in this Board of Supervisors chamber. It happened the ·morning Ed Lee passed away. That's how gross these people are. Because they are gross."

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When, moments later, progressive supervisor Norman Yee nominated moderate Marina supervisor Farrell for the mayor's spot, the writing was on the wall (Jane l

It's complicated. Lots of explaining is in order.

This was a long-rumored deal. Peskin smiled and declined to answer just how recently this arrangement had been struck, but few failed to note that Farrell's wife and three beautiful kids- dead ringers for the Von Trapp family all -had time to put on nice suits and dresses for his 9 p.m. press briefing.

It would be a stretch to say Farrell answered questions at that presser. He did, however, say "this was not about politics," which didn't draw outright laughter from the weary crowd. But should have.

Farrell will name his own successor as District 2 supervisor. Sheehy, who all along has claimed to be an independent and voted for both Breed and Farrell, will be facing a competitive District 8 race.

Today was an ugly day. Expect many more. And, in six months' time, we'll have a new mayor.

Share this: [~f~~~t-(~-tl.P.s~//~is,~i_o_n_l?_~~~:.~:.~i~o.i~/~1~~n:~:~:far_rei\~~~Y.o_~~~~vv-.0~Y.o:~-~~~J~~~~~?.~~~!3~s.~!3s1.#~r~~-t)] ~~~~ii-~hftP.~Ilf11IS.si;;-~~?.~I:~;~/2_~1-~/0_i(~~!~t~~~~ll~i~~Y?~r~~~~~T11aY.?r~nd~p~~~~~~~~~~~~e~?sh.~;~=.e~~O~nb=.i)] [.3.~9.~]

Related

Political disclosure bill unsubtly Mark Lena takes legal action to Dueling SF ballot measures for · takes aim at Ron Conway force London Breed to remove housing, childcare reveal a city (https://mission loca l.org/2018/02 ... 'acting mayor' designation from more adept at politics than disclosure-bill-unsubtly-takes-aim­ ballot governing at-ron-conway!) (https://missionlocal.org/2018/02 ... (https://missionloca l.org/2018/02 ... February 13, 2018 leno-tal

https://mlssionlocal.org/2018/01/mark-farrell-ls-your-new-mayor-and-pandemonium-ensues/ Page 5 of 8 · P200 Mark Farrell is your new mayor- and pandemonium ensues - Mission local 3/13/18, 6:47AM

_(L#facebook). _(L#twitter). .(https:LLwww.addtoany_.comLshare#url=https 0/o3A 0/o: fa rre II- is-y_ou r- new- may_ a r-and- pa nd e mo ni u m­ ensues 0/o2 F& title= Ma rk 0/o20 Fa rre II 0/o2 0 iS 0/o20y_o ur 0/o2C

You may also like: 18 Comments rai].(;10iee58 JanuarY. 23,2018 at 11:04 Rm meanwhile a person who actualy lives in a master lease nonprofit slumlord SRO pulled papers for Board of supervisers district #6 its unlikely that he will recieve contributions from Billioners Steven Torry Rappolee

Wilma Lopez JanuarY. 23, 2018 at 11 :35 Qm Well! guess you can kiss those new navigation centers goodbye ...

Patrick Waller JanuarY. 25, 2018 at 11:23 am how many would you like? How much "navigation" to services is needed?

AC JanuarY. 24, 2018 at 8:36am It's only interim mayor, she will run in .June for the actual seat. No reason for everyone to get their panties in a twist.

Kent Taylor · JanuarY. 24, 2018 at 12:01 gm tRump has stuck his big toe in SF City Hall. Embarrassed to be living here. Last night defiled Ed Lee.

Edward Lop JanuarY. 24, 2018 at 1 :22 Qm London Breed has shown herself to be a competent, no-nonsense leader who will not indulge the race-baiting and extortionism that MEDA and the Campos dynasty rely on to stay in power. This prosp(3ct is so terrifying that Hillary Ronen threw a woman of color from the SF projects under the bus to support a white male hedge fund manager (all while ra,iling against rich white men, bizarrely). Ronen has exposed herself as the hypocritical old school partisan machine politician that she is. The Mission deserves better. . . .

Patrick Waller JanuarY. 25, 2018 at 11 :02 am This entire city deserves better than the current crop of supervisors.

jgarnier2013 Janua[Y. 24, 2018 at 2:06 Qm Messy, ugly, complex. Fabulous analysis by the best damn political reporter in San Francisco.

h. brown JanuarY. 24, 2018 at 2:13 Qm Peskin was wired tight as ...

Watching w/a bowl ofgood smoke and a vodka over ice and Peskin's voice was louder than all during the reciting of the Pledge. He was straining at the bit as they say. Once they finished he sa!d with conviction loudly and firmly ...

"Play Ball!"

He was a man with a plan.

https://missionlocal.org/2018/01/mark-farrell-is-your-new-mayor-and-pandemonium-ensues/ Page 6 of 8 P201 Mark Farrell is your new mayor- and pandemonium ensues- Mission local 3/13/18, 6:47AM

He still after those poor parmts? I heard they moved to Mission Dolores for Sanctuary.

Go Giants! h.

Doremus J JanuarY. 24, 2018 at 2:26 gm "famously audacious 1976 Israeli military raid"

I fixed it for you krauskarl January: 24, 2018 at 4:41 gm Hillary Ronen's ridiculous "speech" clearly demonstrates an absolutely myopic view of history and that she is utterly clueless when it comes to understanding the actual forces at play in this City over the past 40 years that have led to today's skyrocketing housing costs and the attendant displacement of populations she professes to care about.

Hillary, now that you're over a year into your (hopefully first and only) term, how are you doing on your campaign promise of producing 5,000 affordable dwellings in your district within 10 years? You should have at least 500+ units built by now, right? Haven't heard much about that lately -- because you haven't done squat.

What a hypocrite.

Catherine Cusic · JanuarY. 24,2018 at 6:20 gm Agree with Hilary but Why not Malia Cohen for interim?

Godfather72 January: 24,2018 at 10:42 gm So racism put Breed in and more racism removed Breed? Everything is racist. San Francisco is a violent garbage heap anyway and only repentance and turning to Christ will change it.

Matthew C. Sheridan Janua!Y. 25, 2018 at 8:09am Peksin =Willie (political monsters); Ronen- Farrell (white folks). phongpei JanuarY. 25, 2018 at 11:04 am I'm no fan of any of the names put up for acting mayor. That said, London should have gotten the position. The rules state that the Pres of the BOS shall be appointed as acting mayor if something happens to the mayor. The BOS knew that when they voted for London to be the Pres of the BOS. It's no different than Trump wanting to resort to the nuclear option in wanting to change the vote to a majority to avoid the filibuster ......

Aberto Einstein JanuarY. 25, 2018 at 11:49 am This isn't meant to be a burn on MissionLocal, Mission Local you are quaiity, but more and more I suspect.that sock-puppets, and local non-Russian bots are playing the platform. These comments don1t sound representative. Sounds like same people writing them. Its weird how some interesting Mission Local stories get zero comments, and then others are blasted with too many comments saying virtually the same things.

Nathan Hv.att JanuarY. 25, 2018 at 4:21 gm So we have come to an age where a black woman in politics is automatically preferable to a white man SIMPLY because she is a black woman? Can we talk about something OTHER than these POLITICIANS' race and sex, like, say, maybe, their POLITICS?

Heather World Janua[Y. 25, 2018 at 9:58 .Rm From the article: "Peskin and his progressive cohorts successfully pushed Breed out of her awkward and untenable dual role as mayor and board president on the cusp of June's mayoral election ... "

https://missionlocal.org/2018/01/mark-farrell-is-your-new-mayor-and-pandemonium-ensues/ Page 7 of 8 P202 Mark Farrell is your new mayor- and pandemonium ensues - Mission Local 3/13/18, 6:47AM

What dual role? Whey would she not have done exactly what Farrell did, which wasta step off the board when made interim mayor and appointed someone in her place?

Peskin his merry bahd of Regressives have slimed themselves and SF with this embarrassing power play. They don't surprise me, though Sheehy's vote-did. Why are these folks (and now I'm including Mission Local even as !love it) acting like Breed is just a puppet of Conway? She's a strong, grown woman who can balance donor demands with city interests better or as well as anyone.

Comments are closed. Full name required to post. For full details, read our Policy {htt:g: f-Lmissionlocal.orgf-tenns#comments )_

https://missionl.ocal:org/2018/01/mark-farrell-is-your-new-mayor-and-pandemonium-ensues/ Page 8 of 8 P203 SAN FRANCISCO BRANCH NAACP

May 21,2018

Sent via email to sotf@sfgov. org

The SF NAACP is in receipt ofthe SOTF's correspondence including responses from Supervisors Peskin, Ronen, and Sheehy per our complaint and request for an investigation and hearing regarding evidence of Brown Act violations in the matter of the Board of Supervisors' January 23 vote to remove then Acting Mayor Breed.

It appears that the remaining parties- Supervisors Fewer, Yee, Kim, and Interim Mayor Farrell- have exceeded the SOTF's term to respond accordingly.

We are requesting that the SOTF determine a date within the near future for a public hearing pursuant to our complaint.

We expect to be advised within the week of a set hearing date by the SOTF, a reasonable period by which a near term date should be set by end of May 2018.

Respectfully,

Reverend Dr. Amos C. Brown President NAACP SF Chapter

17qn F'illmnrP StrPPt • Snn Fmncisco. CA 94115 • Suite 109 • (415) 922-0650 • Fax: (415) 922-0856 SAN FRANCISCO BRANCH NAACP

May 31, 2018

Dear Mr. Young,

The NAACP-SF Chapter is in receipt of your response on behalf of the Sunshine Ordinance Task Force regarding our request for a hearing on the matter of Brown Act Violations by several members of the Board of Supervisors, including now Interim Mayor Farrell, to vote for the ouster of then Acting Mayor London Breed pursuant to becoming Interim Mayor.

We are deeply disappointed at the lack of response to our complaint by the majority of the named Supervisors, including now Interim Mayor Mark Farrell. This lack of response is further example of the dismissiveness and lack of respect for the African American community by members of the Board of Supervisors.

Furthermore, we are equally disappointed in the SOTF's inability or failure to expedite a hearing on this matter given the urgency and seriousness of a grossly evident breach of the public's trust to remove Acting Mayor Breed, and especially prior to the upcoming primary and special election for Mayor. Voters deserve to know that their elected leaders can and will be held accountable for unlawful collusion.

The NAACP will plan to attend and address the SOTF Complaints Committee on June 26 at 5:30pm.

Sincerely,

Reverend Dr. Amos C. Brown President NAACP SF Chapter

17Qn l=illmnrP <:trPPt. <;rm !=rnnrkrn rA. 9411Ci • SuitP 109 • {415) 922-0650 • Fax: (415) 922-0856 Respondents Document Submission

P206 Member, Board of Supervisors City and County of San Francisco District 9

HILLARY RONEN

Dear Sunshine Taskforce,

Thank you for your letter of inquiry in regards to Dr. Amos Brown's request. My office has diligently reviewed all of our internal records, as well as all internal and external communications with every individual staff member and found there are no records responsive to this inquiry.

My office has reviewed communications from the following members of our office staff: a) Supervisor Hillary Ronen b) Chief of Staff Carolyn Goossen c) Legislative Aide Amy Beinart d) Legislative Aide Carolina Morales

1) We reviewed all email and digital communications and discovered no relevant records.

2) We reviewed all calendars and scheduled appointments and discovered no relevant records.

3) We reviewed our text message communications and discovered no relevant records.

4) We reviewed all notes and written memos and discovered no relevant records.

City Hall • 1 Dr. Carlton B. Goodlett Place • Room!2ID7SanFrancisco, California 94102-4689 • (415) 554-5144 Fax(415) 554-6255 • TDD/TTY (415) 554-5227 • E-mail: [email protected] Once again, I thank you for your investigation on this matter.

My staff and I firmly believe in the importance of both the San Francisco's Sunshine laws and the Brown Act because we recognize the value of these regulations in ensuring that our public elected officials and their staff are operating with transparency.

Please let me know if there is anything else my office can do to comply with either the spirit or the letter of the Sunshine law.

District 9 Supervisor Hillary Ronen San Francisco Board of Supervisors

City Hall • 1 Dr. Carlton B. Goodlett Place • Room J!1::00$anFrancisco, California 94102-4689 • (415) 554-5144 Fax(415) 554-6255 • TDD/TTY (415) 554-5227 • E-mail: [email protected] Leger, Cheryl (BOS)

From: SOTF, (BOS) Sent: Friday, June 08, 2018 11:33 AM To: '[email protected]'; Farrell, Mark (MYR); Peskin, Aaron (BOS); Ronen, Hillary; Yee, Norman (BOS); Fewer, Sandra (BOS); Kim, Jane (BOS); Sheehy, Jeff (BOS) Cc: Calvillo, Angela (BOS); Lim, Victor (MYR); '[email protected]'; '[email protected]'; Lloyd, Kayleigh (BOS); Bruss, Andrea (BOS); Kittler, Sophia (BOS); Chisti, Aliya (BOS); Fregosi, Ian (BOS); Persky, Nicholas (BOS); Lopez, Barbara (BOS); Duong, Noelle (BOS); Hepner, Lee (BOS); Yan, Calvin (BOS); Morales, Carolina (BOS); Beinart, Amy (BOS); Sandoval, Suhagey (BOS); Ho, Tim (BOS); Fatooh, Martin (BOS); Johnson, Sharon (BOS); Chung, Sharon (BOS); Gallagher, Jack (BOS); Mohan, Menaka (BOS); Ho, Jessica (BOS); Maybaum, Erica (BOS); Choy, Jarlene (BOS) Subject: SOTF- Notice of Hearing -Complaint Committee: June 26, 2018, 5:30 p.m.

Good Morning:

Notice is hereby given that the Complaint Committee (Committee) of the Sunshine Ordinance Task Force (Task Force) shall hold hearings on the complaints listed below to: 1) determine if the Task Force has jurisdiction; 2) review the merits of the complaints; and/or 3) issue a report and/or recommendation to the Task Force.

Date: June 26, 2018

Location: City Hall, Room 408

Time: 5:30p.m.

Complainants: Your attendance is required for this meeting/hearing.

Respondents/Departments: Pursuant to Section 67.21(e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.

Complaints:

File No. 18035: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Mayor Mark Farrell (former member of the Board of SupervisorsL for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b)(1L 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings.

File No. 18036: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Aaron Peskin, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b)(lL 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings.

File No. 18037: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Hillary Ron en, Board of Supervisors, for allegedly violating

P209 Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b}(1), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings.

File No. 18038: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Norman Vee, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b}(1), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings.

File No. 18039: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Sandra Lee Fewer, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b)(1), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings.

File No. 18040: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Jane Kim, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b)(l), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings.

File No. 18041: Complaint filed by Amos Brown and the National Association for the Advancement of Colored People (NAACP) against Supervisor Jeff Sheehy, Board of Supervisors, for allegedly violating Administrative Code, Section 67.5, and California Government Code, Sections 54950, 54952.2(b)(l), 54953.3, 54954, 54954.2 and 54954.3, by failing to make all meetings of any policy body open and public and by conducting seriatim or serial meetings.

Documentation (evidence supporting/disputing complaint)

For a document to be considered, it must be received at least five (5) working days before the hearing.

For inclusion in the agenda packet, supplemental/supporting documents must be received by 5:00pm, June 18, 2018.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

6,-o• Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

P210 Leger, Cheryl (BOS)

From: Morales{ Carolina (BOS)

Sent: Thursday{ April 26 1 2018 5:44 PM To: SOTFr (BOS); Ronenr Hillary Cc: administration; Beinartr Amy (BOS); Goossen{ Carolyn (BOS); Calvillo{ Angela (BOS) Subject: RE: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 18037 Attachments: Supervisor Ronen Response to Sunshine Taskforce.pdf

Dear Victor,

Please see the attach letter in response to the request of the Task Force.

Please let me know if there are any questions.

Best, Carolina

From: SOTF, {BOS} Sent: Thursday, April19, 2018 12:10 PM To: Ronen, Hillary Cc: administration ; Beinart, Amy {BOS} ; Goossen, Carolyn {BOS} ; Morales, Carolina {BOS} ; Calvillo, Angela {BOS} Subject: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- Complaint No. 18037

Good Afternoon:

Supervisor Ronen has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days.

The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting.

Please include the following information in your response if applicable:

1. List all relevant records with descriptions that have been provided pursuant to the Complainant request. 2. Date the relevant records were provided to the Complainant. 3. Description of the method used, along with any relevant search terms used, to search for the relevant records. 4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded. 5. Copy of the original request for records (if applicable).

P~11 Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint.

The Complainant alleges: Complaint Attached.

Both parties (Complainant and Respondent) will be contacted once a hearing date is determined. Attached is the Sunshine Ordinance Task Force's complaint procedures.

Thank you.

Victor Young Administrator, Sunshine Ordinance Task Force 1 Dr. Carlton B. Goodlett Place, City Hall., Room 244 San Francisco CA 94102 phone 415-554-7724 fax 415-554-5163 [email protected] I www.sfbos.org

/lf!J• Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

P212