Commission staff to return draft 'behest of payments' regulations after stakeholder input

Staff provided an update Oct. 14 on the Ethics Commission’s development of regulations implementing the commission’s recently adopted changes to behest‑of‑payments rules. The memorandum summarized the commission’s regulatory authority, the process for drafting regulations and the status of the current rulemaking: staff held two interested‑persons meetings and are preparing draft language for the commission’s next meeting.

Staff told commissioners the ordinance the commission adopted in August was approved by the Board of Supervisors and signed by the mayor on Oct. 6; the changes are scheduled to take effect Nov. 6. Staff said they are coordinating with engagement, compliance and the Ethics at Work team, and with the City Attorney’s Office, to update public materials and communications ahead of the effective date.

Commissioner Finlaf and others urged staff to focus on refining the definition of “behest of” so regulations target the problematic conduct the statute seeks to address without unintentionally capturing benign advisory communications between the city and nonprofit partners. Vice Chair Bush pressed staff on two points: (1) whether large solicitations coordinated across city agencies (for example, major events or citywide celebrations) would be visible under the proposed definition, and (2) how the rules would treat nonprofits where an official’s relative serves as an unpaid officer.

Commissioners asked staff to circulate drafts on a rolling basis so members can review material in advance of the formal discussion and vote. Staff said they would bring draft regulatory language to the next meeting for review and discussion and are preparing outreach and communications ahead of the Nov. 6 effective date.

Next steps: staff will circulate earlier drafts to commissioners as they are prepared, return draft regulatory language at the next meeting for review and continue stakeholder engagement.