San Francisco Chronicle - (Sunday)

Air out the stink of corruption

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In 2020, San Francisco Public Works Director Mohammed Nuru was charged with fraud for, among other things, funneling donations from city contractor­s like Recology into the Parks Alliance. Those donations then landed into an account that Nuru used to pay for staff holiday parties.

That same year, former Department of Building Inspection Commission­er and structural engineer Rodrigo Santos was charged with fraud for soliciting donations to nonprofits favored by Senior Building Inspector Bernard Curran, in exchange for his sign-off on projects that may not have passed inspection otherwise.

The scandals don’t end there. Just a few months ago, the head of the Department of the Environmen­t, Debbie Raphael, resigned after the city controller’s office discovered she and her staff had solicited and accepted donations from Recology before awarding the company city contracts.

All three of these instances have one thing in common: they involve so-called “behested payments,” or charitable gifts made at a public official’s request.

Good governance watchdogs across California have been screaming about the murky ethics of behested payments for years. And state lawmakers passed new transparen­cy measures last October to help rein in the practice. With good reason.

Now, in San Francisco, with so many city officials and employees facing federal charges — including corruption, wire fraud, perjury and bribery — this system of solicitati­on is finally coming under fire. Propositio­n E, which would regulate and limit these types of donations, is an overdue tool to curb this type of corruption.

The June 7 ballot measure, which is based on a 50-page report on public integrity released by the city controller’s office, prohibits elected officials and city department heads from requesting donations to charities from “interested parties,” including lobbyists and those seeking contracts and permits from the city. It went through half-a-dozen hearings in City Hall before earning unanimous support of the Board of Supervisor­s in December. In the months since, several have backtracke­d on that decision, saying the measure is too complex and would inhibit their ability to fund nonprofits they care about. Other opponents of the measure claim that Prop. E would bring a “sledgehamm­er” to philanthro­pic donations. But these fears are overstated. The measure includes specific language to ensure that many of the more hyperbolic fears surroundin­g the potential role Prop E. could play in the death of philanthro­pic giving in San Francisco are unfounded. For example, organizati­ons that secure small city contracts, such as ministeria­l-level permits that one can acquire online, say, to reserve a barbecue or athletic field in Golden Gate Park, would be exempt.

Instead, behested donations would be limited only for those directly approving an organizati­on’s contracts.

If, for example, health care provider Kaiser were somehow awarded a city contract through the Recreation and Park Department, its director could not then solicit donations from Kaiser to the Parks Alliance. But if Kaiser only has a contract with the Department of Public Health, the Recreation and Park Department head could absolutely request a donation to the Parks Alliance.

Members of the Board of Supervisor­s, meanwhile, would be prohibited from soliciting funds for contractor­s whose permits they voted on within the past year. However, given that very few permits with contracts that are under 10 years in duration or for less than $10 million in costs go to the board for approval, this means supervisor­s would still be able to solicit donations to many small, neighborho­od-level nonprofits in need.

Ethics laws are constantly evolving.

And while Prop. E has provisions that make it difficult to amend should its regulation­s prove too onerous, the measure still has some flexibilit­y built into it. A supermajor­ity of eight of 11 members of the Board of Supervisor­s can make changes to the law, with the support of the Ethics Commission, without a return to the ballot.

Voters should be wary of any measure that kneecaps San Franciscan­s’ deep commitment to philanthro­pic giving. But we do not believe Prop. E will have that effect. Instead, it will create clear and reasonable limitation­s on the solicitati­on of gifts from city officials to organizati­ons whose contracts they approve. This may require a cultural shift in how philanthro­py is done in San Francisco. But that’s a small price to pay to help eliminate the stink of corruption wafting through City Hall.

Vote yes on Prop. E.

 ?? Chronicle illustrati­on and Getty Images ??
Chronicle illustrati­on and Getty Images

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