Ethics Commission denies post‑employment waiver for former cannabis director

The San Francisco Ethics Commission on Dec. 10 voted to deny a post‑employment waiver requested by Marissa Rodriguez, the former director of the Office of Cannabis, concluding that allowing communications with certain units of the city within one year of her departure could create the appearance of undue influence.

Staff had recommended denial. Pat Ford summarized the legal test under campaign and governmental conduct code §3.234(a)(2): the Office of Cannabis is a subdivision of the City Administrator’s office, and an official who served as a department head is likely to be known to and have regular interactions with high‑level administrators. Ford told the commission the regulatory factors and the staff analysis led to a recommendation that “a waiver should not be issued” for communications with the City Administrator’s office, the Entertainment Commission and the Department of Public Works.

Rodriguez, who said she is now executive director of the Union Square Alliance, said the work she must do for downtown activations and street‑closure permits is operational and limited in scope and that she did not engage with many City Administrator divisions while she led the Office of Cannabis. “I would not want there to be any appearance of any impropriety at any point ever,” Rodriguez said, while also arguing that “one year would be an undue burden and hardship on me” in carrying out her new role.

Chair Lee moved to deny the remaining waiver requests for communications with the Entertainment Commission and DPW after Rodriguez confirmed she would not pursue a waiver for the City Administrator’s office. The motion passed 3–1: Commissioners Bush, Chu/Chiu and Chair Lee voted to deny; Commissioner Bell opposed the denial. Chair Lee said the decision was difficult given Rodriguez’s record of public service but said optics and the city’s current environment made the denial necessary.

The denial bars Rodriguez personally from communicating with those specified city units with the intent to influence government decisions for one year after her separation from the Office of Cannabis; her letter did not seek relief from the prohibition to contact the Office of Cannabis itself. The commission discussed but did not adopt narrower, partial waivers that would carve out purely administrative, non‑decision contacts.