Statement of Incompatible Activities

This Statement is adopted under the provisions of San Francisco Campaign and Governmental Conduct Code (“C&GC Code) section 3.218. Engaging in the activities that are prohibited by this Statement may subject an officer or employee to discipline, including possible termination of employment or removal from office, as well as to monetary fines and penalties. (C&GC Code § 3.242; Charter § 15.105.) Before an officer or employee is subjected to discipline or penalties for violation of this Statement, the officer or employee will have an opportunity to explain why the activity should not be deemed to be incompatible with his or her City duties. (C&GC Code § 3.218.) Nothing in this document shall modify or reduce any due process rights provided pursuant to the employee’s or officer’s collective bargaining agreement.

In addition to this Statement, officers and employees are subject to Department policies and State and local laws and rules governing the conduct of public officers and employees, including but not limited to:

• The Political Reform Act, California Government Code § 87100 et seq.;
• California Government Code § 1090;
• The San Francisco Charter;
• San Francisco Campaign and Governmental Conduct Code;
• San Francisco Sunshine Ordinance; and
• Applicable Civil Service Rules.

Nothing in this Statement shall exempt any officer or employee from applicable provisions of law, or limit his or her liability for violations of law. Examples provided in this Statement are for illustration purposes only, and are not intended to limit application of this Statement. Nothing in this Statement shall interfere with the rights of employees under a collective bargaining agreement or Memorandum of Understanding applicable to that employee.

Nothing in this Statement shall be construed to prohibit or discourage any officer or employee from bringing to the City’s and/or public’s attention matters of actual or perceived malfeasance or misappropriation in the conduct of City business, or from filing a complaint alleging that a City officer or employee has engaged in improper governmental activity by violating local campaign finance, lobbying, conflicts of interest or governmental ethics laws, regulations or rules; violating the California Penal Code by misusing City resources; creating a specified and substantial danger to public health or safety by failing to perform duties required by the officer’s or employee’s City position; or abusing his or her City position to advance a private interest.

The mission of the Fire Department is to protect the lives and property of the people of San Francisco from fires, natural disasters, and hazardous materials incidents; to save lives by providing emergency medical services; to prevent fires through prevention and education programs; and to provide a work environment that values health, wellness and diversity and is free of harassment and discrimination.

The Fire Commission is responsible for formulating, evaluating and approving goals, objectives, plans and programs for the Fire Department, and for setting Department policies consistent with the overall objectives of the City and County, as established by the Mayor and the Board of Supervisors through the adoption of City legislation. The Commission is further empowered by the Charter to set and enforce reasonable rules and regulations that it deems necessary to provide for the efficiency of the Department. In furtherance of its Charter obligations, the Commission will:
 

1. Set policy and support the Department administration to accomplish the mission of the Fire Department;
2. Support the administration’s efforts to enhance and support the collaborative work of Department membership and public stakeholders in the delivery of fire suppression, fire prevention and emergency medical services with the focus upon the common public good;
3. Encourage and support the administration to develop and implement systems to improve fiscal responsibility to enhance the budgeting process while maintaining and protecting essential public services including fire protection, fire prevention and emergency medical services;
4. Encourage and support the administration to develop an effective physical fitness and wellness program to promote the health, safety and welfare of the members of the Department and the public;
5. Encourage and support the administration to develop as part of its overall strategic planning effective career development and promotion opportunities for the membership;
6. Actively encourage and support recruitment and education in the communities to bring highly qualified applicants to the Department who truly reflect the City’s rich diversity;
7. Continue to work with the administration and City Attorney’s Office to review and, where necessary, revise official Departmental Policy and Procedures; and
8. Contribute to the common good by conducting open meetings regularly and convening such additional meetings as deemed necessary to inform and educate the general public of the work of the Commission and Department.

No officer or employee may engage in an outside activity (regardless of whether the activity is compensated) that conflicts with his or her City duties. An outside activity conflicts with City duties when the ability of the officer or employee to perform the duties of his or her City position is materially impaired. Outside activities that materially impair the ability of an officer or employee to perform his or her City duties include, but are not limited to, activities that disqualify the officer or employee from City assignments or responsibilities on a regular basis. Unless otherwise noted or permitted under subsection C, the following activities are expressly prohibited by this subsection.
 

1. No officer or employee may enter into a contract with or receive a grant from the Department or Commission. This prohibition includes contracts and grants with the officer or employee directly, or with any legal entity, including a non-profit entity (except the SFFD Historical Society), where the officer or employee is an officer or executive director of the entity or where the officer or employee would perform or supervise persons performing the work under the contract or grant.
    
2. No officer or employee may receive or accept anything of value from anyone other than the City for services as an expert witness regarding (1) the cause of fires in the City and County of San Francisco, (2) any fire activity of the Fire Department, or (3) any policies, procedures or processes of the Fire Department. Any officer or employee who wishes to provide services as an expert witness regarding the cause of fires or other fire activity in another jurisdiction must receive an advance written determination approving the activity, pursuant to section III.C below.
    

No officer or employee may engage in an outside activity (regardless of whether the activity is compensated) that is subject to the control, inspection, review, audit or enforcement of the Department. In addition to any activity permitted pursuant to subsection C, nothing in this subsection prohibits the following activities: appearing before the Fire Department or Fire Commission on behalf of oneself; filing or otherwise pursuing claims against the City on one’s own behalf; running for City elective office; making a public records disclosure request pursuant to the Sunshine Ordinance or Public Records Act; or owning or renting property subject to inspection by the Department. The following activities are expressly prohibited by this section:

1. Assistance in Responding to City Bids, RFQs and RFPs. No officer or employee may knowingly provide selective assistance (i.e., assistance that is not generally available to all competitors) to individuals or entities in a manner that confers a competitive advantage on a bidder or proposer who is competing for a City contract. Nothing in this Statement prohibits an officer or employee from providing general information about a bid for a City contract, a Department Request for Qualifications or Request for Proposals or corresponding application process that is available to any member of the public. Nothing in this Statement prohibits an officer or employee from speaking to or meeting with individual applicants regarding the individual's application, provided that such assistance is provided on an impartial basis to all applicants who request it.
    
2. Except as within the scope of their official duties, the Chief and Department employees are prohibited from assisting private individuals or entities in obtaining or attempting to obtain a permit, inspection, or other service from the Fire Department. Notwithstanding the above prohibition, nothing in this section prohibits the Chief or an employee from providing general advice or information about the Department’s permitting, inspection or other services that is available to any member of the public, as long as the Chief or employee does not receive anything of value for the advice or information. In addition, nothing in this section prohibits the Chief or an employee from obtaining or seeking to obtain a permit, inspection or other service from the Department concerning real property owned or occupied by the Chief or employee, or from assisting a family member in obtaining or attempting to obtain a permit, inspection or other services on real property owned and actually occupied by a family member of the Chief or employee. Commissioners are prohibited from using or attempting to use their position as a Commissioner to influence the Chief or any Department employee for the purpose of obtaining or attempting to obtain a permit, inspection or other service from the Department.
    

1. No employee assigned to the Bureau of Fire Prevention may participate, directly or indirectly, in the design, layout, drafting, checking, or similar plan preparation or review for structures to be constructed, altered or remodeled within the jurisdiction of the Fire Department. Nothing in this section prohibits an employee assigned to the Bureau of Fire Prevention from participating in such activities concerning real property owned or occupied by the employee, or real property owned and actually occupied by a family member of the employee.
    
2. No employee assigned to the Bureau of Fire Prevention may consult or give advice (regardless of whether the employee is compensated) regarding San Francisco Building or Fire Codes, conduct plan review for plans that will be approved by the City and County, or engage in or assist in obtaining fire or building permits, including permit expediting, in the City and County, except within the scope of his or her official duties. Nothing in this section prohibits an employee assigned to the Bureau of Fire Prevention from participating in such activities concerning real property owned or occupied by the employee, or real property owned and actually occupied by a family member of the employee.
    
3. No employee assigned to the Bureau of Fire Prevention may be employed by, or provide services in exchange for compensation or anything of value from, an individual or entity, other than a family member, that presently has an application or matter under review before the Fire Department or has had an application or matter under review before the Fire Department in the preceding 12-month period. Individuals and entities include, but are not limited to, architects, designers, developers, engineers, contractors, permit expediters, and associations of such individuals or entities. Compensation and things of value include, but are not limited to, construction materials (new and salvage), a loan or below-market rental of construction tools or equipment, and free or below-market-rate services from an architect, designer, developer, engineer, contractor, permit expediter, real estate agent or other individual or entity that is regulated by the Fire Department.
    

As set forth below, an employee of the Department, the Chief or a Commissioner may seek an advance written determination whether a proposed outside activity that is not expressly prohibited by subsections A or B of this section, if any, conflicts with the mission of the Department or the Commission, imposes excessive time demands, is subject to review by the Department or Commission, or is otherwise incompatible and therefore prohibited by section III of this Statement. For the purposes of this section, an employee or other person seeking an advance written determination shall be called “the requestor”; the individual or entity that provides an advance written determination shall be called “the decision-maker.”
 

The requestor must provide, in writing, a description of the proposed activity and an explanation of why the activity is not incompatible under this Statement. The written material must describe the proposed activity in sufficient detail for the decision-maker to make a fully informed determination whether it is incompatible under this Statement.

When making a determination under this subsection, the decision-maker may consider any relevant factors including, but not limited to, the impact on the requestor’s ability to perform his or her job, the impact upon the Department or Commission as a whole, compliance with applicable laws and rules and the spirit and intent of this Statement. The decision-maker shall consider all relevant written materials submitted by the requestor. The decision-maker shall also consider whether the written material provided by the requestor is sufficiently specific and detailed to enable the decision-maker to make a fully informed determination. The decision-maker may request additional information from the requestor if the decision-maker deems such information necessary. For an advance written determination request from an employee, if the Chief delegates the decision-making to a designee and if the designee determines that the proposed activity is incompatible under this Statement, the employee may appeal that determination to the Chief.

No officer or employee may, in exchange for anything of value and without appropriate authorization, sell, publish or otherwise use any materials that were prepared on City time or while using City facilities, property (including without limitation, intellectual property), equipment and/or materials.

For the purpose of this prohibition, appropriate authorization includes authorization granted by law, including the Sunshine Ordinance, California Public Records Act, the Ralph M. Brown Act as well as whistleblower and improper government activities provisions, or by a supervisor of the officer or employee, including but not limited to the officer or employee’s appointing authority. Nothing in this subsection shall be interpreted or applied to interfere with, restrict or supersede any rights or entitlements of employees, recognized employee organizations, or their members under state law or regulation or pursuant to provisions of a collective bargaining agreement to use public materials for collective bargaining agreement negotiations.
 

No officer or employee may hold himself or herself out as a representative of the Department or Commission, or as an agent acting on behalf of the Department or Commission, unless authorized to do so.

Example. An employee who lives in San Francisco wants to attend a public meeting of a Commission that is considering a land use matter that will affect the employee's neighborhood. The employee may attend the meeting and speak during public comment, but should make clear that he is speaking in his private capacity and not as a representative of the Department.

State and local law place monetary limits on the value of gifts an officer or employee may accept in a calendar year. (Political Reform Act, Gov't Code § 89503, C&GC Code §§ 3.1-101 and 3.216). This section imposes additional limits by prohibiting an officer or employee from accepting any gift that is given in exchange for doing the officer or employee’s City job.

No officer or employee may receive or accept gifts from anyone other than the City for the performance of a specific service or act the officer or employee would be expected to render or perform in the regular course of his or her City duties; or for advice about the processes of the City directly related to the officer’s or employee’s duties and responsibilities, or the processes of the entity they serve.

Example. A member of the public who regularly works with and receives assistance from the Department owns season tickets to the Giants and sends a pair of tickets to an employee of the Department in appreciation for the employee's work. Because the gift is given for the performance of a service the employee is expected to perform in the regular course of City duties, the employee is not permitted to accept the tickets.

Example. A member of the public requests assistance in resolving an issue or complaint that is related to the City and County of San Francisco, but that does not directly involve the Department. The employee directs the member of the public to the appropriate department and officer to resolve the matter. The member of the public offers the employee a gift in appreciation for this assistance. The employee may not accept the gift, or anything of value from anyone other than the City, for providing this kind of assistance with City services.

As used in this statement, the term gift has the same meaning as under the Political Reform Act, including the Act's exceptions to the gift limit. (See Gov't Code §§ 82028, 89503; 2 Cal. Code Regs. §§ 18940-18950.4.) For example, under the Act, a gift that, within 30 days of receipt, is returned, or donated by the officer or employee to a 501(c)(3) organization or federal, state or local government without the officer or employee taking a tax deduction for the donation, will not be deemed to have been accepted. In addition to the exceptions contained in the Act, nothing in this Statement shall preclude an employee's receipt of a bona fide award, or free admission to a testimonial dinner or similar event, to recognize exceptional service by that employee, and which is not provided in return for the rendering of service in a particular matter. Such awards are subject to the limitation on gifts imposed by the Political Reform Act and local law.

In addition, the following gifts are de minimis and therefore exempt from the restrictions on gifts imposed by section V of this Statement:

1. Gifts, other than cash, with an aggregate value of $25 or less per occasion; and
2. Gifts such as food and drink, without regard to value, to be shared in the office among employees or officers.

Example. A member of the public who regularly works with and receives assistance from the Department sends a $15 basket of fruit to an employee as a holiday gift.  Although the fruit may in fact be offered in exchange for performing services that the employee is expected to perform in the regular course of City duties, the employee may accept the fruit because the value is de minimis. (Because the reporting requirement is cumulative, an employee may be required to report even de minimis gifts on his or her Statement of Economic Interests if, over the course of a year, the gifts equal or exceed $50.)