Ethics Commission grants narrow waiver so Joanne Lee can lead Chinatown arts project

The San Francisco Ethics Commission on June 9 approved a limited post‑employment waiver permitting Joanne Lee to accept the executive director position with the Chinatown Media and Arts Collaborative (CMAC) to lead the Edge on the Square project.

Chair Lee moved to grant the waiver specifically for Lee’s employment with CMAC; after discussion the commission took a roll‑call vote and approved the motion unanimously. The vote followed an extensive public record of letters and live testimony from community leaders, Arts Commission colleagues, CMAC representatives and elected officials urging the commission to weigh community impact and the singular nature of the CMAC role.

Why it matters: The city’s campaign and governmental conduct code bars officers and employees from taking jobs with entities that entered into a contract with the city in the preceding 12 months if the employee was personally and substantially involved in awarding that contract. Staff told the commission that Lee had personally and substantially participated in two grants to CMAC — a storm relief grant and a Nonprofit Sustainability Initiative (NSI) grant — and recommended denying the waiver under a narrow interpretation of “extreme hardship.” Commissioners emphasized, however, that the commission may consider a broader set of factors, including community hardship and the one‑of‑a‑kind nature of the CMAC position.

What supporters said: Supervisor Aaron Peskin urged approval and asked that any waiver be narrowly tailored to the CMAC position, saying the request reflected not only Ms. Lee’s hardship but hardship for Chinatown if the hire were blocked. “I strongly urge you to grant this waiver,” Peskin said to the commission. Leaders from CMAC and its founding organizations described Edge on the Square as a major cultural facility that has already secured substantial funding and argued Lee’s experience uniquely fits the project’s needs. Ko Mente, acting communications director for the San Francisco Arts Commission, read a letter from Director Ralph Remington praising Lee’s service and suitability.

Legal and staff analysis: City staff cited subsection 3.234.83 of the Campaign and Governmental Conduct Code in explaining the 12‑month buffer and recommended denial on the narrow ground that “extreme hardship” was not shown by financial criteria alone. Outside counsel for the petitioner and several commissioners pointed to timing nuances — including gaps between awards and contract execution — and to the small dollar amount of one disputed storm grant, arguing the law’s purpose (preventing improper influence) was not implicated here.

Commissioners’ rationale and safeguards: Commissioners supporting the waiver noted that the CMAC role is unique and that safeguards could be used to limit any appearance of unfair advantage. The commission granted the waiver narrowly for the CMAC position; Chair Lee asked Ms. Lee to keep the commission informed about the employment transition and any steps taken to reduce the appearance of impropriety.

What the waiver covers: The commission’s approval is limited to the CMAC executive director position; commissioners stated it should not be interpreted as a blanket waiver for other employers or roles. The staff report and testimony indicated the waiver was granted because denying it would impose hardship on Ms. Lee and the Chinatown community, given the project’s unique character.

Next steps: Ms. Lee thanked the commission and said she looked forward to partnering with Chinatown organizations. The commission did not amend the code at the meeting; several commissioners requested a future agenda item to review waiver regulations and clarify terms such as “entered into” and “extreme hardship.”