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(a) Reporting by Third Parties.
(1) Initial Statement of Organization. Any person or entity that makes independent expenditures totaling $1,000 or more in a calendar year to support or oppose candidate(s) for the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board, or makes contributions totaling $1,000 or more to a candidate or a committee required to file under this subsection (a)(1), shall file an initial statement of organization with the Ethics Commission. For the purposes of this Section 16.553-3, an “independent expenditure” shall mean an expenditure made in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate for the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board but which is not made to or at the behest of the affected candidate or committee.
(A) Campaign Bank Account. Upon the filing of an initial statement of organization, the filer shall establish or identify one campaign bank account at an office of a financial institution located in San Francisco. All contributions made to the filer, or to a person on behalf of the filer, shall be deposited in the account. Any funds spent in support of or opposition to the election of the candidate shall be deposited in the account prior to expenditure. All expenditures made by the filer in support of or opposition to the election of the candidate shall be made from the account.
(2) Semiannual Statements. Any person or entity subject to subsection (a)(1), shall file semiannual statements each year no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31.
(3) Preelection Statements. Any person or entity subject to subsection (a)(1) shall file preelection statements that comply with the requirements of California Government Code Sections 84200.8 and 84211, and San Francisco Campaign and Governmental Conduct Code Section 1.135.
(4) Late Independent Expenditure Reports. If any person or entity subject to subsection (a)(1) makes independent expenditures that total $1,000 or more during the period beginning 90 days before the first day on which ballots may be submitted to the Department of Elections and ending on the last day on which ballots may be submitted to the Department of Elections or Contractor, such person or entity shall file a late independent expenditure report. Filers shall file late independent expenditure reports within 24 hours of making such independent expenditures.
(5) Termination Statements. Any person or entity subject to subsection (a)(1) shall be responsible for filing the above statements and reports, until they file a termination statement with the Ethics Commission that indicates they have no further financial activity to disclose.
(6) Forms and Filing. The Ethics Commission shall specify the forms persons subject to this subsection (a) shall use to file the above statements and the manner in which they shall electronically file those statements.
(b) Campaign Advertisements.
(1) Filing Requirements. Persons required to file late independent expenditure reports under subsection (a)(4) shall also file with the Ethics Commission on the same date a copy of the associated advertisement(s), and
(A) if the advertisement is a telephone call, a copy of the script and, if the communication is recorded, the recording shall also be provided; or
(B) if the advertisement is audio or video, a copy of the script and an audio or video file shall be provided.
(2) Disclaimers. Mass mailings, door hangers, flyers, posters, oversized campaign buttons, bumper stickers, or print advertisements shall include the following disclaimer statements, printed in at least 12-point font: “Paid for by _______________ (insert the name of the filer).” and “Financial disclosures are available at sfethics.org.”
For the purposes of this Section 16.553-3, “mass mailing,” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000 et seq., provided that the mass mailing advocates for or against one or more candidates for Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board.
(3) Exception. Employee organizations that represent employees who are eligible to benefit from the Retirement System, Health Service System or Retiree Health Care Trust Fund, are subject to the disclosure and disclaimer requirements established by subsections (b)(1) and (b)(2); provided that, an employee organization whose communications are directed solely to its own members shall not be required to disclose copies of those communications or include any disclaimers.
(Added by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
(a) Training for Candidates. Every candidate for Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall attend a training program conducted or sponsored by the Ethics Commission within one year prior to any election for the office sought by the candidate.
(b) Audits; Retention of Records. The Executive Director of the Ethics Commission may initiate audits of any candidate or any person who made independent expenditures in support of or opposition to any candidate. All candidates and persons who are required to file statements under Sections 16.553-1, 16.553-2, and 16.553-3 shall maintain detailed accounts, records, bills, and receipts as necessary to prepare those statements for a period of four years following the election for which they filed those statements.
(c) Enforcement and Penalties.
(2) Statute of Limitations. Ethics Commission investigations must be commenced within four years after the date on which the violation occurred.
(3) Late Filing Fees.
(B) Limitation on Liability. Liability imposed by subsection (c)(3)(A) shall not exceed the cumulative amount stated in the late statement, or $100, whichever is greater.
(C) Reduction or Waiver. The Executive Director may reduce or waive a fee imposed by this subsection if the Commission determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter.
(4) Provision of False or Misleading Information to the Ethics Commission; Withholding of Information. Any person who knowingly or willfully furnishes false or fraudulent evidence, documents, or information to the Ethics Commission under this Chapter, or misrepresents any material fact, or conceals any evidence, documents, or information, or fails to furnish to the Ethics Commission any records, documents, or other information required to be provided under this Chapter shall be subject to the penalties provided in this subsection 16.553-4(c).
(d) Subpoenas. The Executive Director of the Ethics Commission may issue subpoenas in furtherance of her duties under the Chapter including, but not limited to, audits and enforcement of its provisions.
(Added by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall notify the Department of Elections or Contractor at least 120 days prior to the first day that ballots may be marked and delivered (hereafter referred to as the “First Voting Day”) that an election shall be held.
(Added by Ord. 512-80, App. 10/29/80; amended by Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
The Department of Elections or Contractor shall notify each department, office and agency of the City and County of San Francisco (hereunder referred to as "department") at least 90 days prior to the First Voting Day that the department must designate an employee who shall serve as Election Officer for that department and must inform the Department of Elections or Contractor at least 60 days prior to the First Voting Day of the identity of such officer. The Department of Elections or Contractor shall supply each department with a form which can be returned to the Department of Elections or Contractor which identifies the employee who has been designated Election Officer. If any department has not designated an Election Officer by the appointed deadline, the Department of Elections or Contractor shall treat the department head as the Election Officer until such designation has been made.
(Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008)
The Department of Elections or Contractor shall provide written instructions to each Election Officer at least 21 days prior to the First Voting Day, informing such officer of dates on which ballots will be distributed and collected and the procedure to be followed for their distribution and collection. If any department has failed to designate an Election Officer by the time that the Department of Elections or Contractor sends these written instructions, the Department of Elections or Contractor shall thereafter treat the administrative head of the department as the Election Officer until another employee has been designated as such by that department.
(Added by Ord. 512-80, App. 10/29/80; amended by Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008)
The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall furnish the Department of Elections or Contractor with the names of the eligible nominees at least 35 days prior to the First Voting Day.
The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall also furnish the Department of Elections or Contractor with a list of the members and retired members of the Retirement System or Health Service System respectively eligible to vote (“voters”) in the election at the same time that it furnishes the names of the eligible nominees. A supplemental list shall be furnished to the Department of Elections or Contractor within two days of the First Voting Day, which list shall provide the names of eligible voters not included on the original list. These lists shall be in the format required by the Department of Elections or Contractor. These lists shall include the last known addresses for the members and retired members. For the active members, at the election of the entity conducting the election the department address shall be provided as an alternative.
Upon request, the City’s Health Service System shall provide all information to Contractor, or the Department of Elections necessary to conduct the Retiree Health Care Trust Fund Board nomination and election process including, but not limited to, information regarding voter lists, voter contact information and Health Service System membership status.
(Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
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