Rules Committee continues charter amendment on pension forfeiture after labor meet‑and‑confer remains open

The Rules Committee reviewed a second draft of a proposed charter amendment that would allow the forfeiture of city‑funded pension benefits for a member of the San Francisco Employee Retirement System upon a finding by clear and convincing evidence, after an administrative hearing, that the member committed bribery, embezzlement, extortion, willful fraud in connection with official duties or perjury to conceal such crimes.

Chair Aaron Peskin said the measure is aimed at future wrongdoing and does not target past misconduct; he described seven meet‑and‑confer sessions with labor and thanked Department of Human Resources staff for engagement. Artis Graham, representing DHR, told the committee DHR will continue meet‑and‑confer in good faith and offered a closed‑session blow‑by‑blow if desired. Several public callers urged stronger accountability and some urged retroactivity; Chair Peskin and staff advised retroactive forfeiture was legally vulnerable because pension rights are vested and that retroactive application was not permissible under counsel.

Given outstanding labor negotiations and legal questions, the committee voted to amend a scheduling detail (moving a referenced election date) and to continue the item to the call of the chair so negotiations and technical cleanup can continue before the measure would be transmitted for ballot consideration.

The committee did not place the measure on the November 2022 ballot and noted further meet‑and‑confer is required before any final determination about timing.