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Commission falls short of votes on short‑term waiver for former DPH official Tracy Packer; item continued

July 14, 2023 | San Francisco City, San Francisco County, California


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Commission falls short of votes on short‑term waiver for former DPH official Tracy Packer; item continued
The San Francisco Ethics Commission on June 9 considered and failed to adopt a waiver allowing former Department of Public Health official Tracy Packer to take a short‑term consulting role at the San Francisco AIDS Foundation (SFAF).

Staff reported that Packer had been personally and substantially involved in development of the relevant RFP and that the contract between SFAF and the city entered into within the last 12 months, making a waiver necessary under the campaign and governmental conduct code. Staff recommended denying the waiver because Packer is retired, receiving a pension, and had not shown the kind of personal financial hardship the staff analyzed under the commission’s regulations.

Packer, who said she called the Ethics Commission for guidance before accepting any consulting work, told commissioners she wished to provide short‑term transition support and did not intend to seek a permanent position. Patricia Erwin, acting director of the Community Health Equity and Promotion branch at DPH, and leaders from SFAF, including Lara Honeybrooks and Dr. Tyler Termeer, testified that Packer’s short‑term role would help preserve continuity of critical services for people living with or at risk for HIV and in substance‑use treatment.

Commission debate and vote: Commissioners split on whether the circumstances amounted to “extreme hardship” under the code and on whether Packer’s earlier role in drafting the RFP constituted substantial personal involvement in the award. A motion to grant a limited six‑month waiver drew two affirmative votes and one opposing vote; because the commission requires three affirmative votes to approve such motions, Deputy City Attorney Brad Russi advised the motion failed for lack of the required majority. The commission directed staff to continue the matter to a future meeting, at which more votes may be possible.

What supporters said: Lara Honeybrooks, chief program officer at SFAF, described the foundation’s service footprint and the need for specialized transition support. “Ms. Packer’s experience would undoubtedly support the various teams I support as they move through my leadership transition,” Honeybrooks said. Dr. Tyler Termeer emphasized operational continuity during a critical public‑health moment.

Next steps: Commissioners discussed scheduling the item for reconsideration and flagged the need to review waiver regulations to clarify terms such as when a contract is considered “entered into” and what qualifies as “extreme hardship.” The item remains continued pending a future meeting.

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