SEC. 67.29-5. CALENDARS OF CERTAIN OFFICIALS.
§ 67.29-5
High-ranking city officials and department heads must keep daily calendars recording the time, place, and attendees of their official meetings and events, which become public records available within three business days. For meetings with ten or fewer attendees, officials must attempt to identify and list attendees and their organizations, with certain exceptions for confidential information and unplanned casual conversations.
The Mayor, City Attorney, Treasurer, Assessor-Recorder, District Attorney, Public Defender, Sheriff, Board members, and Department Heads must keep a daily calendar of all their official meetings and events, including who attended and what was discussed. This calendar is public and anyone can request it three business days after the meeting happens. For small meetings (ten people or fewer), they should try to write down who was there and what organizations they represent. But they don't have to force anyone to identify themselves, except for registered lobbyists, campaign consultants, permit consultants, major project developers, and people from companies that have contracts with the city. The rule doesn't apply to casual chats, campaign events, or meetings where city business is only mentioned in passing.
- Complex:The section contains multiple nested exceptions, carve-outs, and cross-references (e.g., to Ethics Commission articles and Government Code sections) that make it difficult to follow, particularly subsections (b) and (c).
- Controversial:Public disclosure of official meetings and attendees is a matter on which San Franciscans have legitimate disagreements about transparency, privacy, and government accountability.
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Official text
(a) The Mayor, City Attorney, Treasurer, Assessor-Recorder, District Attorney, Public Defender, Sheriff, every member of the Board of Supervisors, and every Department Head shall keep or cause to be kept a daily calendar wherein is recorded the time and place of each meeting or event attended by that official, either in person or by teleconference or other electronic means, with the exclusion of purely personal or social events at which no City business is discussed and that do not take place at City Offices or at the offices or residences of people who do substantial business with or are otherwise substantially financially affected by actions of the City. For meetings not otherwise publicly recorded, the calendar shall include a general statement of issues discussed. Such calendars shall be public records and shall be available to any requester three business days subsequent to the calendar entry date.
(b) For meetings or events with ten or fewer attendees, the calendar shall also identify the individual(s) present and organization(s) represented at the meeting or event if known by the official, unless the official is aware that the information would reveal the identity of a confidential whistleblower, would interfere with an individual's right to petition government where the individual has sought and been assured confidentiality, would disclose the attendance of members or representatives of a labor organization at a meeting to discuss matters within the scope of representation, as that term is defined in California Government Code Section 3504, would reveal personnel information not subject to disclosure, or is otherwise exempt from disclosure under State and local law.
(c) At any meeting or event with ten or fewer attendees, officials subject to subsection (a) of this Section 67.29-5 shall attempt to identify names of attendees present, and the organizations they represent; provided that an official shall not require any attendees to identify themselves, unless the official is aware that those attendees are campaign consultants registered with the Ethics Commission under Campaign and Governmental Conduct Code Article I, Chapter 5; lobbyists registered with the Ethics Commission under Campaign and Governmental Conduct Code Article II, Chapter 1; permit consultants registered with the Ethics Commission under Campaign and Governmental Conduct Code Article III, Chapter 4; Developers of Major Projects, as defined in Campaign and Governmental Conduct Code Section 3.510, if the Major Project is discussed at the meeting or event; and employees or representatives of any entity that has received a grant from or entered a contract with any City department within the previous 12 months. The official has no duty to ascertain whether any attendees fall into these categories. Within three business days after a meeting or event subject to this subsection (c), the official shall update the daily calendar to include the names of the attendees and organizations identified by or known to the official.
(d) For the purpose of calculating the total number of attendees at a meeting or event under subsections (b) and (c), an official shall not include himself or herself.
(e) The obligations imposed under subsections (b) and (c), and the obligations imposed upon members of the Board of Supervisors under subsection (a), shall not apply to meetings or events where City business is discussed only incidentally; to unplanned, casual conversations with residents; to campaign-related meetings, events, and appearances; or to meetings or events where all attendees are employees or officers in the official's City department, which for members of the Board of Supervisors shall mean that all attendees are members of the Board of Supervisors, legislative aides, or employees of the Office of the Clerk of the Board. Officials are not in violation of subsections (b) or (c), and members of the Board of Supervisors are not in violation of subsection (a), if they have made a good faith effort to comply with their obligations thereunder.
(Added by Proposition G, 11/2/99; amended by Ord. 118-15 , File No. 150156, App. 7/15/2015, Eff. 8/14/2015; Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017)