Ethics commission grants limited waiver allowing retired DPH manager to consult at AIDS Foundation

The San Francisco Ethics Commission voted unanimously on Aug. 18 to grant a limited post‑employment waiver that allows retired Department of Public Health manager Tracy Packer to serve as a short‑term, part‑time consultant for the San Francisco AIDS Foundation (SFAF).

Packer told the commission she participated in early stages of the RFP process in 2019 but was not involved in final contracting and budget decisions; she said the consulting role — proposed for roughly six months to support the organization’s leadership transition — would cause personal hardship if denied. Dozens of public witnesses, including current and former DPH officials and multiple leaders from SFAF, spoke in favor of granting the waiver, citing Packer’s decades of public‑health experience and the risk to services during the transition.

Staff had recommended against a waiver at an earlier meeting based on a narrow regulatory interpretation of "extreme hardship," but revised that recommendation after the applicant’s supplemental materials and public testimony. Staff advised the commission that, if it found denying the waiver would cause an extreme hardship, a narrowly tailored waiver limited to this SFAF role would be appropriate. Commissioners considered the risks of undue influence and staff said there was no significant risk in this case.

Commissioners moved to grant the waiver for a limited term (the motion as finalized specified authorization through Jan. 2024 to cover the transition period); the motion passed on a 4–0 roll‑call vote. Staff noted the underlying contract at issue had a start date of Jan. 1, 2023, so the limited waiver timeframe covers the interim period before any post‑contract restrictions lapse.

The commission recorded no recusals. Staff recommended any waiver be narrowly tailored to the specified SFAF position and to limit the period of approved activity; commissioners adopted the time‑limited approval. If needed, the applicant may return to the commission for an extension.

Proponents who spoke in public comment included Dr. Susan Phillip (Director of Population Health, DPH), Tyler Termeer (SFAF CEO), and a range of community advocates and service providers who emphasized continuity of care for populations affected by HIV, hepatitis C and other public‑health needs.

Next steps: The waiver is effective as approved for the limited term; staff will incorporate the waiver terms into the commission’s records and monitor compliance with any conditions the commission attached.