The San Francisco Ethics Commission voted unanimously March 22 to sustain six enforcement counts against Paul Taylor and to impose civil penalties for those violations.
Chair Finlave moved "to find that enforcement staff has proved by a preponderance of evidence that Mr. Taylor violated the charges in counts 1, 2, 4, 6, 7, and 8," a motion the commission seconded and carried on a 3-0 roll call after certifying they had reviewed the hearing record. "I move that we approve the findings and conclusions of law," the chair said before the vote.
The commission did not sustain counts 3 and 5. A separate motion to find that enforcement staff proved counts 3 and 5 failed on a 2-1 vote, with Commissioner Salahi voting no.
Commissioners then debated penalties, citing the enforcement regulations' penalty factors: the severity of the violation, whether there was intent to conceal or mislead, willfulness, whether the respondent cooperated, and ability to pay. The commission adopted the following penalty schedule by unanimous vote: counts 1 and 2 — $1,700 each; count 4 — $500; count 6 — $500; count 7 — $500; and count 8 — $750.
Commissioner Salahi, who dissented on the failure-to-report counts, expressed concern about the sufficiency of evidence tying Mr. Taylor to the campaign committee's reporting obligations, saying he was not "prepared to find that there has been sufficient evidence presented that Mr. Taylor caused specifically the failure to report by the Zhao campaign committee." The chair and other commissioners discussed agency and causation principles and noted testimony from a witness (identified in the record as Mr. Suneishi) regarding how coordination and communications had occurred.
After the votes, the commission adopted the draft findings of fact and conclusions of law as amended during the meeting and delegated to Chair Finlave the authority to make conforming edits and post the amended findings. The deputy city attorney confirmed staff would incorporate the vote totals and finalize the document.
The commission's action resolves the enforcement matter for the purposes of the Commission's proceedings; any further litigation or remedies outside the Ethics Commission process were not discussed during this meeting.