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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE I:
ELECTION CAMPAIGNS
CHAPTER 1:
CAMPAIGN FINANCE
 
Purpose and Intent.
Citation.
Amendment or Repeal of Chapter.
Definitions.
Adoption of General Law – Exceptions.
Training for Candidates and Treasurers.
Candidate Committee Campaign Contribution Trust Accounts.
Retention of Records.
Campaign Statements – Public Access.
Electronic Campaign Disclosure.
Disclosure Requirements During Signature Gathering Periods for Initiatives, Referenda and Recalls.
Contributions – Limits and Prohibitions.
Contributions – Disclosures.
Coordination of Expenditures.
Limits on Loans to Candidates.
Payment of Accrued Expenses.
Contribution Limits – Post-Election Legal Proceedings.
Solicitation or Acceptance of Campaign Contributions – Limitations.
Additional Disclosure Requirements for Contributions Made by Business Entities.
Additional Disclosure Requirements for Bundled Contributions.
Contribution Prohibition – Contractors Doing Business with the City.
Contributions by Persons with Pending Land Use Matters.
Acceptance or Rejection of Voluntary Expenditure Ceilings.
Amount of Voluntary Expenditure Ceilings.
Lifting of Voluntary Expenditure Ceilings; Supplemental Reporting in Elections for Assessor, Public Defender, City Attorney, District Attorney, Treasurer, Sheriff, the Board of Education of the San Francisco Unified School District, or the Governing Board of the San Francisco Community College District.
Lifting of Individual Expenditure Ceilings.
Supplemental Pre-Election Statements.
Public Financing of Candidates for the Board of Supervisors or Mayor.
Election Campaign Fund; Appropriation of Funds.
Eligibility to Receive Public Financing.
Process for Establishing Eligibility; Certification by the Ethics Commission.
Adjusting Individual Expenditure Ceilings.
Disbursement of Public Funds.
Termination of Payments.
Restrictions on Use of Public Funds; Unexpected Public Funds.
Audit; Repayment.
Supplemental Reporting in Elections for Board of Supervisors and Mayor.
Insufficient Funds in Election Campaign Fund.
Report to the Mayor and Board of Supervisors.
Disclosure Requirements for Draft Committees.
Campaign Advertisements.
Electioneering Communications.
Member Communications.
Duties of Ethics Commission.
Duties of Enforcement Authority.
Enforcement; Advice.
Penalties.
Issuance of Subpoenas.
Extension of Deadlines That Fall on Weekends and Holidays.
Effect of Violation on Certification of Election Results.
Implementing Regulations; Forms.
Rules of Construction.
Severability.
 
Editor's Note:
   Prior to the effectiveness of Ord. 71-00, adopted 4/28/2000, a many of the sections in this Chapter were codified as Administrative Code Secs. 16.501 et seq. Refer to the historical notes after each section for a detailed analysis of the legislative history after the transfer of the material to this Code.
SEC. 1.100.  PURPOSE AND INTENT.
   (a)   Huge sums of money often are necessary to finance American election campaigns. Inherent to the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. In addition, this fundraising distracts public officials seeking reelection from focusing upon important public matters, encourages contributions which may have a corrupting influence, gives incumbents an unfair fundraising advantage over potential challengers, and provides contributors with greater access to public officials than other members of the public. These developments undermine the integrity of the governmental process and the competitiveness of campaigns. The amount of money raised by many candidates and committees supporting or opposing candidates also erodes public confidence in local officials by creating the appearance that elected officials may be unduly influenced by contributors who support their campaigns or oppose their opponents' campaigns.
   (b)   It is the purpose and intent of the People of the City and County of San Francisco in enacting this Chapter to:
      (1)   Place realistic and enforceable limits on the amount individuals may contribute to political campaigns in municipal elections and to provide full and fair enforcement of all the provisions in this Chapter;
      (2)   Ensure that all individuals and interest groups in our city have a fair opportunity to participate in elective and governmental processes;
      (3)   Create an incentive to limit overall expenditures in campaigns, thereby reducing the pressure on candidates to raise large campaign war chests for defensive purposes beyond the amount necessary to communicate reasonably with voters;
      (4)   Reduce the advantage of incumbents and thus encourage competition for elective office;
      (5)   Allow candidates and officeholders to spend a smaller proportion of their time on fundraising and a greater proportion of their time dealing with issues of importance to their constituents' community;
      (6)   Ensure that serious candidates are able to raise enough money to communicate their views and positions adequately to the public, thereby promoting public discussion of the important issues involved in political campaigns;
      (7)   Limit contributions to candidates and committees, including committees that make independent expenditures, to eliminate or reduce the appearance or reality that large contributors may exert undue influence over elected officials;
      (8)   Assist voters in making informed electoral decisions and ensure compliance with campaign contribution limits through the required filing of campaign statements detailing the sources of campaign contributions and how those contributions have been expended;
      (9)   Make it easier for the public, the media and election officials to efficiently review and compare campaign statements by requiring committees that meet certain financial thresholds to file copies of their campaign statements on designated electronic media;
      (10)   Help restore public trust in governmental and electoral institutions; and
      (11)   Help ensure the integrity of the election process by prohibiting campaign advertisements that contain false endorsements of current and former public officials, candidates, political clubs, and organizations. Such false endorsements undermine the integrity of the electoral process by misleading and confusing voters about the actual support for or opposition to candidates or ballot measures and it is too burdensome for individual voters, inundated with campaign messages, to verify the accuracy of such claims and for persons whose positions are misrepresented to correct the misrepresentations close in time to the election.
   (c)   This Chapter is enacted in accordance with the terms of Sections 5 and 7 of Article XI of the Constitution of the State of California and Section 1.101 of the Charter of the City and County of San Francisco.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 3-06, File No. 051439, App. 1/20/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009)
SEC. 1.102.  CITATION.
   This Chapter may be cited as the San Francisco Campaign Finance Reform Ordinance.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000)
SEC. 1.103.  AMENDMENT OR REPEAL OF CHAPTER.
   The voters may amend or repeal this Chapter. The Board of Supervisors may amend this Chapter if all of the following conditions are met:
   (a)   The amendment furthers the purposes of this Chapter;
   (b)   The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;
   (c)   The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and
   (d)   The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.
(Added by Ord. 3-06, File No. 051439, App. 1/20/2006)
SEC. 1.104.  DEFINITIONS.
   Whenever in this Chapter 1 the following words or phrases are used, they shall mean:
   "Advertisement" shall be defined as set forth in the California Political Reform Act, California Government Code section 81000 et seq. and its enabling regulations, provided that the advertisement supports or opposes one or more City measures or candidates for City elective office.
   “At the behest of” shall mean under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of.
   “Business entity” shall mean a limited liability company (LLC), corporation, limited partnership, or limited liability partnership.
   "Candidate" shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq., but shall include only candidates for City elective office.
   "Candidate committee" shall mean a candidate-controlled committee that is primarily formed to support that candidate's election for City elective office.
   "Candidate-controlled committee" shall mean a controlled committee that is controlled by a candidate.
   "Charitable organization" shall mean an entity exempt from taxation pursuant to Title 26, Section 501 of the United States Code.
   "City elective office" shall mean the offices of Mayor, Member of the Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, Member of the Board of Education of the San Francisco Unified School District and Member of the Governing Board of the San Francisco Community College District. The Board of Supervisors consists of eleven separate City elective offices, the San Francisco Community College District consists of seven separate City elective offices, and the Board of Education of the San Francisco Unified School District consists of seven separate City elective offices.
   "Code" shall mean the San Francisco Campaign and Governmental Conduct Code.
   "Committee" shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq.
   "Contribution" shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq.; provided, however, that "contribution" shall include loans of any kind or nature.
   "Controlled committee" shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq.
   "Distributed" and "distribution" shall mean any act that permits a communication to be viewed, read or heard.
   "Election" shall mean any general, or special municipal election held in the City and County of San Francisco for City elective office or for a local measure, regardless of whether the election is conducted by district or Citywide.
   "Electioneering communication" shall mean any communication, including but not limited to any broadcast, cable, satellite, radio, electronic, or telephone communication, and any mailing, flyer, door hanger, pamphlet, brochure, card, sign, billboard, facsimile, or printed advertisement, that:
   (a)   refers to a clearly identified candidate for City elective office or a City elective officer who is the subject of a recall election; and
   (b)   is distributed within 90 days prior to an election for the City elective office sought by the candidate or a recall election regarding the City elective officer to 500 or more individuals who are registered to vote or eligible to register to vote in the election or recall election. There shall be a rebuttable presumption that any broadcast, cable, satellite, or radio communication and any sign, billboard or printed advertisement is distributed to 500 or more individuals who are eligible to vote for or against the candidate clearly identified in the communication.
   (c)   The term "electioneering communication" shall not include:
      (1)   communications that constitute independent expenditures under this Chapter or expenditures by a candidate committee for the candidate's election;
      (2)   communications made by a slate mailer organization if such communications are required to be disclosed under the California Political Reform Act, California Government Code Section 81000, et seq.;
      (3)   communications paid for by the City or any other local, State or Federal government agency;
      (4)   non-recorded communications between two or more individuals in direct conversation unless such communications are made by telephone and at least one of the individuals is compensated for the purposes of making the telephone communication;
      (5)   communications that appear on bumper stickers, pins, stickers, hat bands, badges, ribbons and other similar memorabilia;
      (6)   news stories, commentaries or editorials distributed through any newspaper, radio station, television station, or other recognized news medium unless such news medium is owned or controlled by any political party, political committee or candidate;
      (7)   member communications;
      (8)   communications that occur during a candidate debate or forum;
      (9)   communications made solely to promote a candidate debate or forum made by or on behalf of the person sponsoring the debate or forum, provided that such communications do not otherwise discuss the positions or experience of a candidate for City elective office or a City elective officer who is the subject of a recall election; and
      (10)   invitations sent by an entity exempt from taxation pursuant to Title 26, Section 501(c)(3) of the United States Code for its own fundraising event.
   "Enforcement authority" shall mean the District Attorney for criminal enforcement, the City Attorney for civil enforcement, and the Ethics Commission for administrative enforcement. Nothing in this Chapter shall be construed as limiting the authority of any law enforcement agency or prosecuting attorney to enforce the provisions of this Chapter under any circumstances where such law enforcement agency or prosecuting attorney otherwise has lawful authority to do so.
   "Ethics Commission" shall mean the San Francisco Ethics Commission.
   "Executive Director" shall mean the Executive Director of the Ethics Commission, or the Executive Director's designee.
   "General purpose committee" shall be defined as set forth in the California Political Reform Act, California Government Code section 81000 et seq.
   "Independent expenditure" shall be defined as set forth in the California Political Reform Act, California Government Code section 81000 et seq. An expenditure is not considered independent and shall be treated as a contribution from the person making the expenditure to the candidate on whose behalf or for whose benefit the expenditure is made, if the expenditure is made at the request, suggestion, or direction of, or in cooperation, consultation, concert or coordination with, the candidate on whose behalf, or for whose benefit, the expenditure is made.
   "Individual Expenditure Ceiling" shall mean the expenditure ceiling established for each individual candidate for Mayor or the Board of Supervisors whom the Ethics Commission has certified as eligible to receive public funds under this Chapter.
   "Itemized disclosure statement" shall mean a form promulgated by the Ethics Commission that provides a detailed description of the separate costs associated with a communication, including but not limited to photography, design, production, printing, distribution, and postage.
   "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 City elective office.
   "Matching contribution" shall mean a contribution up to $150, made by an individual, other than the candidate, who is a resident of San Francisco. Matching contributions shall not include loans, contributions received more than 18 months before the date of the election, qualifying contributions or contributions made by the candidate's spouse, registered domestic partner or dependent child. Matching contributions must also comply with all requirements of this Chapter. Matching contributions under $100 that are not made by written instrument must be accompanied by written documentation sufficient to establish the contributor's name and address. The Ethics Commission shall set forth, by regulation, the types of documents sufficient to establish a contributor's name and address for the purpose of this subsection.
   "Measure" shall mean any City, San Francisco Unified School District or San Francisco Community College District referendum, recall or ballot proposition, whether or not it qualifies for the ballot.
   "Member communication" shall be defined as set forth in the California Political Reform Act, California Government Code section 81000 et seq. and its enabling regulations, provided that the communication advocates for or against one or more City measures or candidates for City elective office.
   "Person" shall mean any individual, partnership, corporation, association, firm, committee, club or other organization or group of persons, however organized.
   “Prohibited source contribution” shall mean a contribution made (a) in violation of Section 1.114, (b) in an assumed name as defined in Section 1.114.5(c), (c) from a person prohibited from contributing under Section 1.126, or (d) from a lobbyist prohibited from contributing under Section 2.115(e).
   “Public appeal” shall mean a request for a payment when such request is made by means of television, radio, billboard, a public message on an online platform, the distribution of 200 or more identical pieces of printed material, the distribution of a single email to 200 or more recipients, or a speech to a group of 20 or more individuals.
   "Qualified campaign expenditure" for candidates shall mean all of the following:
   (a)   Any expenditure made by a candidate, or by a committee controlled by the candidate, for the purpose of influencing or attempting to influence the actions of the voters for the election of the candidate to City elective office.
   (b)   A nonmonetary contribution provided to the candidate, officeholder or committee controlled by the candidate.
   (c)   The total cost actually paid or incurred by the candidate or controlled committee of the candidate for a slate mailing or other campaign literature produced or authorized by more than one candidate.
   (d)   Expenses incurred, but for which payment has not yet been made.
   (e)   Expenses associated with complying with applicable laws, including but not limited to the California Political Reform Act, California Government Code Section 81000, et seq., and the provisions of this Chapter.
   (f)   "Qualified campaign expenditure" shall not include filing fees, expenses incurred in connection with an administrative or judicial proceeding, payments for administrative, civil or criminal fines, including late filing fees, costs incurred after the election that do not directly affect the outcome of the election, including but not limited to utility bills, expenses associated with an audit, and expenses related to preparing post-election campaign finance disclosure reports as required by the California Political Reform Act, California Government Code Section 81000, et seq., and the provisions of this Chapter, or for inaugural activities or officeholder expenses.
   "Qualifying contribution" shall mean a contribution of not less than $10 and not more than $100 that is made by an individual who is a resident of San Francisco and that complies with all requirements of this Chapter. Qualifying contributions shall not include loans, contributions received more than 18 months before the date of the election or contributions made by the candidate or the candidate's spouse, registered domestic partner or dependent child. Qualifying contributions under $100 that are not made by written instrument must be accompanied by written documentation sufficient to establish the contributor's name and address. The Ethics Commission shall set forth, by regulation, the types of documents sufficient to establish a contributor's name and address for the purpose of this subsection.
   "Recorded telephone message" shall mean a recorded audio message that expressly supports or opposes a candidate for City elective office that is distributed by telephone.
   "Refers to a clearly identified candidate for City elective office or a City elective officer who is the subject of a recall election" shall mean any communication that contains the candidate's or officer's name, nickname or image or makes any other unambiguous reference to the candidate or officer such as "your Supervisor" or "the incumbent."
   “Resident” shall mean a resident of the City and County of San Francisco.
   “Solicit” shall mean personally request a contribution for any candidate or committee, either orally or in writing.
   "Surplus funds" shall mean funds remaining in a candidate's campaign account at the time the candidate leaves City elective office, or at the end of the post-election reporting period following the defeat of the candidate for City elective office, whichever occurs last, and funds remaining in the campaign account of a committee primarily formed to support or oppose a measure at the end of the post-election reporting period following the election at which the measure appeared on the ballot.
   "Total Opposition Spending" shall mean the sum of any expenditures made or expenses incurred by any person or persons for the purpose of making independent expenditures, electioneering communications or member communications in opposition to a specific candidate for Mayor or the Board of Supervisors.
   “Total Supportive Funds” shall mean the sum of all contributions received by a candidate committee supporting a candidate for Mayor or the Board of Supervisors, other than any funds that exceed the candidate’s Individual Expenditure Ceiling, plus the expenditures made or expenses incurred by any person or persons for the purpose of making independent expenditures, electioneering communications or member communications in support of that same candidate.
   "Unexpended public funds" shall mean all funds remaining in the candidate committee's account on the 30th day after the candidate controlling the committee is either elected or not elected to office, regardless of the source of the funds, but shall not exceed the amount of public funds provided to the candidate. Funds raised after this date are not unexpended funds.
   "Voter" shall mean an individual registered to vote in San Francisco.
   "Withdrawal" or "withdraw" shall mean, prior to an election, ending one's candidacy or failing to qualify for an office for which a candidate has solicited or accepted contributions.
   "Written instrument" shall mean a check, credit card receipt, or record of electronic transfer of funds.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 187-01, File No. 010779, App. 8/31/2001; Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 3-06, File No. 051439, App. 1/20/2006; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 102-15 , File No. 150294, App. 6/25/2015, Eff. 7/25/2015; Ord. 157-16 , File No. 160669, Eff. 9/3/2016; Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018; Ord. 83-19, File No. 190287, App. 5/10/2019, Eff. 6/10/2019; Ord. 218-19, File No. 190660, App. 10/4/2019, Eff. 11/4/2019, Oper. 1/1/2020)
SEC. 1.106.  ADOPTION OF GENERAL LAW – EXCEPTIONS.
   Except as otherwise provided in, or inconsistent with, this Chapter or other provisions of local law, the provisions of the Government Code of the State of California (commencing at Section 81000), relating to local elections including any subsequent amendments, are hereby incorporated as part of this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003)
SEC. 1.107.  TRAINING FOR CANDIDATES AND TREASURERS.
   (a)   Training Requirements.
      (1)   Candidates. Every candidate for City elective office and his or her treasurer shall attend a training program conducted or sponsored by the Ethics Commission within one year prior to any election at which the candidate's name will appear on the ballot.
      (2)   Treasurers. Every committee treasurer shall attend the next training program conducted or sponsored by the Ethics Commission after the date the committee files either its original statement of organization or an amendment to a statement of organization designating a new treasurer.
   (b)   Exception. An individual who serves as the treasurer for more than one committee is not required to attend a training required by Subsection (a) if that individual has attended such a training within the previous 12 months.
   (c)   Definition. For the purposes of this section, "committee" shall mean any committee that: (1) qualifies as committee pursuant to subdivision (a) of Section 82013 of the California Government Code; and (2) is required to file its semi-annual campaign statements with the Ethics Commission.
(Added by Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009)
SEC. 1.108.  CANDIDATE COMMITTEE CAMPAIGN CONTRIBUTION TRUST ACCOUNTS.
   (a)   Establishment of Account. Each treasurer for a candidate committee shall establish a Campaign Contribution Trust Account for the candidate committee at an office of a bank located in the City and County of San Francisco. All expenditures by the candidate committee for the City elective office sought shall be made from that account.
   (b)   Prohibition on Multiple Officeholder Accounts. All funds, services, or in-kind contributions received by a candidate committee for expenses incurred directly in connection with carrying out the candidate’s usual and necessary duties of holding office shall be deposited, credited, or otherwise reported to the candidate committee’s Campaign Contribution Trust Account. Such contributions shall be subject to the contribution limits in Section 1.114 of this Chapter 1. An elected officeholder may not establish or control any other committees or accounts for the purpose of making officeholder expenses. Nothing in this Section 1.108 shall prohibit an officer from spending personal funds on official activities.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 74-08, File No. 080278, 4/30/2008; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 83-19, File No. 190287, App. 5/10/2019, Eff. 6/10/2019)
SEC. 1.109.  RETENTION OF RECORDS.
   (a)   All candidates and committees that are required to file statements prescribed by this Chapter shall maintain detailed accounts, records, bills, and receipts as necessary to prepare those statements. Each candidate or committee shall retain for a period of four years detailed information and original source documentation supporting those statements. The Ethics Commission may by regulation describe the information and documentation required to be retained for each type of statement.
   (b)   Within ten business days of a request by the Ethics Commission, a committee shall provide the Ethics Commission with any documents required to be retained under this Section or state law, including but not limited to California Code of Regulations, Title 2, section 18401 and any subsequent amendments, modifications or administrative or judicial interpretations of that regulation. When the Ethics Commission requests documents under this subsection, it shall provide the committee with the reasons for the request in writing.
(Added by Ord. 234-09, File. No. 090989, App. 11/20/2009)
SEC. 1.110.  CAMPAIGN STATEMENTS – PUBLIC ACCESS.
   (a)   INSPECTION AND COPYMAKING. Campaign statements are to be open for public inspection and reproduction at the Office of the Ethics Commission during regular business hours and such additional hours as the Ethics Commission determines appropriate. The Commission shall provide public notice of the hours that the office is open for inspection and reproduction. The Ethics Commission shall also make campaign statements available through its website.
   (b)   RETENTION. Every campaign statement required to be filed in accordance with Section 1.106 shall be preserved by the Ethics Commission for the period required under Section 81009 of the California Government Code and any subsequent amendments thereto, or such additional periods as the Ethics Commission determines appropriate, provided that the period of retention is not less than eight years from the date the statement was required to be filed.
   (c)   ELECTRONIC COMMUNICATIONS. Campaign statements shall disclose, as required by the Political Reform Act, expenditures on electronic communications. Without limitation, campaigns shall disclose expenditures on the promotion of and efforts to increase popularity of any written communications, or any audio or video content distributed electronically.
(Formerly Secs. 1.110 and 1.112; added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018)
SEC. 1.112.  ELECTRONIC CAMPAIGN DISCLOSURE.
   (a)   FILING ELECTRONIC CAMPAIGN STATEMENTS.
      (1)   Filing Electronic Copies of Campaign Statements Required by State Law. Whenever any committee that meets the requirements of Subsection (b) of this Section is required by the California Political Reform Act, California Government Code Section 81000 et seq., to file a campaign disclosure statement or report with the Ethics Commission, the committee shall file the statement or report in an electronic format with the Ethics Commission, provided the Ethics Commission has prescribed the format at least 60 days before the statement or report is due to be filed.
      (2)   Filing Electronic Copies of Campaign Statements Required by Local Law. Whenever any committee is required to file a campaign disclosure statement or report with the Ethics Commission under this Chapter, the committee shall file the statement or report in an electronic format, provided the Ethics Commission has prescribed the format at least 60 days before the statement or report is due to be filed.
      (3)   Continuous Filing of Electronic Statements. Once a committee is subject to the electronic filing requirements imposed by this Section, the committee shall remain subject to the electronic filing requirements, regardless of the amount of contributions received or expenditures made during each reporting period, until the committee terminates pursuant to this Chapter and the California Political Reform Act, California Government Code Section 81000 et seq.
      (4)   Disclosure of Expenditure Dates. All electronic statements filed under this Section shall include the date any expenditure required to be reported on the statement was incurred, provided that the Ethics Commission's forms accommodate the reporting of such dates.
   (b)   COMMITTEES SUBJECT TO ELECTRONIC FILING REQUIREMENTS.
      (1)   A committee must file electronic copies of statements and reports if it receives contributions or makes expenditures that total $1,000 or more in a calendar year and is:
         (A)   a committee controlled by a candidate for City elective office;
         (B)   a committee primarily formed to support or oppose a local measure or a candidate for City elective office; or
         (C)   a general purpose recipient, independent expenditure or major donor committee that qualifies, under state law, as a county general purpose committee in the City and County of San Francisco; or
         (D)   a committee primarily formed to support or oppose a person seeking membership on a San Francisco county central committee, including a committee controlled by the person seeking membership on a San Francisco county central committee.
      (2)   The Ethics Commission may require additional committees not listed in this Section to file electronically through regulations adopted at least 60 days before the statement or report is due to be filed.
   (c)   VOLUNTARY ELECTRONIC FILING. Any committee not required to file electronic statements by this Section may voluntarily opt to file electronic statements by submitting written notice to the Ethics Commission. A committee that opts to file electronic statements shall be subject to the requirements of this Section.
(Added by Proposition O, 11/7/2000; amended by Ord. 3-06, File No. 051439, App. 1/20/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 8-13 , File No. 120817, App. 2/4/2013, Eff. 3/6/2013)
(Former Sec. 1.112 added by Ord. 114-76, App. 4/2/76; amended by Ord. 386-95, App. 12/14/95; renumbered by Ord. 71-00, File No. 000358, App. 4/28/2000; renumbered by Proposition O, 11/7/2000)
SEC. 1.113.  DISCLOSURE REQUIREMENTS DURING SIGNATURE GATHERING PERIODS FOR INITIATIVES, REFERENDA AND RECALLS.
   In addition to the requirements of this Chapter and State law, any committee that is raising or spending funds to support or oppose a measure during the circulation of the measure shall file supplemental campaign statements with the Ethics Commission under this Section. Such committees shall file supplemental campaign statements on the 5th and 20th day of every month in which a measure is circulating in the City and County for signatures, and on the 5th day of the month following the end of the circulation period if necessary to disclosure contributions received or expenditures made during the signature-gathering period. Each such statement shall disclose contributions received and expenditures made between the end of the reporting period for the last campaign statement filed by the committee and the period ending five calendar days prior to the date of filing.
(Added by Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009)
SEC. 1.114.  CONTRIBUTIONS – LIMITS AND PROHIBITIONS.
   (a)   LIMITS ON CONTRIBUTIONS TO CANDIDATES. No person other than a candidate shall make, and no campaign treasurer for a candidate committee shall solicit or accept, any contribution which will cause the total amount contributed by such person to such candidate committee in an election to exceed $500.
   (b)   PROHIBITION ON CONTRIBUTIONS FROM CORPORATIONS. No corporation, limited liability company, or limited liability partnership organized pursuant to the laws of the State of California, the United States, or any other state, territory, or foreign country, whether for profit or not, shall make a contribution to a candidate committee, provided that nothing in this subsection (b) shall prohibit such a corporation, limited liability company, or limited liability partnership from establishing, administering, and soliciting contributions to a separate segregated fund to be utilized for political purposes by the corporation, limited liability company, or limited liability partnership, provided that the separate segregated fund complies with the requirements of Federal law including Sections 432(e) and 441b of Title 2 of the United States Code and any subsequent amendments to those Sections.
   (c)   EARMARKING. No person may make a contribution to a committee on the condition or with the agreement that it will be contributed to any particular candidate or committee to circumvent the limits established by subsections (a) and (b).
   (d)   PROHIBITION ON CONTRIBUTIONS FOR OFFICIAL ACTION. No candidate may, directly or by means of an agent, give, offer, promise to give, withhold, or offer or promise to withhold his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a contribution.
   (e)   AGGREGATION OF AFFILIATED ENTITY CONTRIBUTIONS.
      (1)   General Rule. For purposes of the contribution limits imposed by this Section 1.114 and Section 1.120, the contributions of an entity whose contributions are directed and controlled by any individual shall be aggregated with contributions made by that individual and any other entity whose contributions are directed and controlled by the same individual.
      (2)   Multiple Entity Contributions Controlled by the Same Persons. If two or more entities make contributions that are directed and controlled by a majority of the same persons, the contributions of those entities shall be aggregated.
      (3)   Majority-Owned Entities. Contributions made by entities that are majority-owned by any person shall be aggregated with the contributions of the majority owner and all other entities majority-owned by that person, unless those entities act independently in their decisions to make contributions.
      (4)   Definition. For purposes of this Section 1.114, the term “entity” means any person other than an individual and “majority-owned” means a direct or indirect ownership of more than 50%.
   (f)   FORFEITURE OF UNLAWFUL CONTRIBUTIONS. In addition to any other penalty, each committee that receives a contribution which exceeds the limits imposed by this Section 1.114 or which does not comply with the requirements of this Section shall pay promptly the amount received or deposited in excess of the permitted amount to the City and County of San Francisco by delivering the payment to the Ethics Commission for deposit in the General Fund of the City and County; provided that the Ethics Commission may provide for the waiver or reduction of the forfeiture.
   (g)   RECEIPT OF CONTRIBUTIONS. A contribution to a candidate committee or committee making expenditures to support or oppose a candidate shall not be considered received if it is not cashed, negotiated, or deposited, and in addition is returned to the donor before the closing date of the campaign statement on which the contribution would otherwise be reported, except that a contribution to a candidate committee or committee making expenditures to support or oppose a candidate made before an election at which the candidate is to be voted on but after the closing date of the last campaign statement required to be filed before the election shall not be considered to be deemed received if it is not cashed, negotiated, or deposited, and is returned to the contributor within 48 hours of receipt. For all committees not addressed by this Section 1.114, the determination of when contributions are considered to be received shall be made in accordance with the California Political Reform Act.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 3-06, File No. 051439, App. 1/20/2006; Ord. 126-06, File No. 060033, Eff. 6/23/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 102-15 , File No. 150294, App. 6/25/2015, Eff. 7/25/2015; Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019; Proposition F, 11/5/2019, Eff. 12/20/2019)
SEC. 1.114.5.  CONTRIBUTIONS - DISCLOSURES.
   (a)   CONTRIBUTOR INFORMATION REQUIRED. If the cumulative amount of contributions received from a contributor is $100 or more, the committee shall not deposit any contribution that causes the total amount contributed by a person to equal or exceed $100 unless the committee has the following information: the contributor’s full name; the contributor’s street address; the contributor’s occupation; and the name of the contributor’s employer or, if the contributor is self-employed, the name of the contributor’s business.
      (1)   A committee will be deemed not to have had the required contributor information at the time the contribution was deposited if the required contributor information is not reported on the first campaign statement on which the contribution is required to be reported.
      (2)   If a committee collects the information required under this subsection (a) on a form signed by the contributor stating that the contributor has not made a prohibited source contribution, there shall be a rebuttable presumption that the committee has not accepted a prohibited source contribution.
   (b)   DISCLOSURE REQUIREMENTS FOR CONTRIBUTIONS TO BALLOT MEASURE COMMITTEES AND COMMITTEES MAKING INDEPENDENT EXPENDITURES.
      (1)   In addition to the requirements in subsection (a), any person making contributions that total $5,000 or more in a single calendar year at the behest of a City elective officer, to a ballot measure committee or committee making independent expenditures must disclose to the committee receiving the contribution the office and the name of the City elective officer who requested the contribution.
      (2)   Committees receiving contributions subject to subsection (b)(1) must report the names of the City elective officers who requested those contributions at the same time that the committees are required to file campaign statements with the Ethics Commission disclosing the contributions.
      (3)   Notwithstanding the provisions of this subsection (b), no committee shall be required to make the disclosure required in subsection (b)(2) for any contribution that constitutes a contribution to the City elective officer at whose behest the contribution was made.
      (4)   Exception for public appeals. No person or committee shall be required to make any disclosures required under this subsection (b) for any contribution, if the contribution was made solely in response to a public appeal.
   (c)   ASSUMED NAME CONTRIBUTIONS.
      (1)   No contribution may be made, directly or indirectly, by any person or combination of persons, in a name other than the name by which they are identified for legal purposes, or in the name of another person or combination of persons.
      (2)   No person may make a contribution to a candidate or committee in his, her, or its name when using any payment received from another person on the condition that it be contributed to a specific candidate or committee.
   (d)   FORFEITURE OF UNLAWFUL CONTRIBUTIONS. In addition to any other penalty, each committee that receives a contribution which does not comply with the requirements of this Section 1.114.5 shall pay promptly the amount received or deposited to the City and County of San Francisco by delivering the payment to the Ethics Commission for deposit in the General Fund of the City and County; provided that the Ethics Commission may provide for the waiver or reduction of the forfeiture.
(Added by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019)
SEC. 1.115.  COORDINATION OF EXPENDITURES.
   (a)   General. An expenditure is not considered independent and shall be treated as a contribution from the person making the expenditure to the candidate on whose behalf, or for whose benefit the expenditure is made, if the expenditure funds a communication that expressly advocate the nomination, election or defeat of a clearly identified candidate and is made under the following circumstance:
      (1)   The expenditure is made at the request, suggestion, or direction of, or in cooperation, consultation, concert or coordination with, the candidate on whose behalf, or for whose benefit, the expenditure is made; or
      (2)   The communication funded by the expenditure is created, produced or disseminated:
         (A)   After the candidate has made or participated in making any decision regarding the content, timing, location, mode, intended audience, volume of distribution, or frequency of placement of the communication; or
         (B)   After discussion between the creator, producer or distributor of a communication, or the person paying for that communication, and the candidate or committee regarding the content, timing, location, mode, intended audience, volume of distribution or frequency of placement of that communication, the result of which is agreement on any of these topics.
   (b)   Rebuttable Presumption of Coordination. In addition to Subsection (a) of this section, there shall be a presumption that an expenditure funding a communication that expressly advocates the nomination, election or defeat of a clearly identified candidate is not independent of the candidate on whose behalf or for whose benefit the expenditure is made, when:
      (1)   It is based on information about the candidate or committee's campaign needs or plans provided to the spender by the candidate;
      (2)   It is made by or through any agent of the candidate in the course of the agent's involvement in the current campaign;
      (3)   The spender retains the services of a person, including a campaign consultant, who provides, or has provided, the candidate with professional services related to campaign or fund raising strategy for that same election;
      (4)   The communication replicates, reproduces, republishes or disseminates, in whole or in substantial part, a communication designed, produced, paid for or distributed by the candidate; or
      (5)   In the same election that the expenditure is made, the spender or spender's agent is serving or served in an executive or policymaking role for the candidate's campaign or participated in strategy or policy making discussions with the candidate's campaign relating to the candidate's pursuit of election to office and the candidate is pursuing the same office as a candidate whose nomination or election the expenditure is intended to influence.
   (c)   Exceptions. Notwithstanding the foregoing, an expenditure shall not be considered a contribution to a candidate merely because:
      (1)   The spender interviews a candidate on issues affecting the spender;
      (2)   The spender has obtained a photograph, biography, position paper, press release, or similar material from the candidate;
      (3)   The spender has previously made a contribution to the candidate;
      (4)   The spender makes an expenditure in response to a general, non-specific request for support by a candidate, provided that there is no discussion with the candidate prior to the expenditure relating to details of the expenditures;
      (5)   The spender has invited the candidate or committee to make an appearance before the spender's members, employees, shareholders, or the families thereof, provided that there is no discussion with the candidate prior to the expenditure relating to details of the expenditure;
      (6)   The spender informs a candidate that the spender has made an expenditure provided that there is no other exchange of information not otherwise available to the public, relating to the details of the expenditure; or
      (7)   The expenditure is made at the request or suggestion of the candidate for the benefit of another candidate or committee.
   (d)   Definition. For purposes of this Section, the terms "candidate" includes an agent of the candidate when the agent is acting within the course and scope of the agency.
(Added by Ord. 228-06, File No. 060501, App. 9/14/2006)
SEC. 1.116.  LIMITS ON LOANS TO CANDIDATES.
   (a)   A candidate's loan of personal funds to the candidate's campaign may not exceed at any time more than:
      (1)   $15,000.00 for a candidate for the Board of Supervisors, Board of Education of the San Francisco Unified School District or the Governing Board of the San Francisco Community College District,
      (2)   $120,000.00 for a candidate for Mayor, or
      (3)   $35,000.00 for a candidate for Assessor or Public Defender, City Attorney, Treasurer, District Attorney or Sheriff.
   (b)   A candidate may not charge interest on any loan the candidate has made to the candidate's campaign.
   (c)   In addition to any other penalty, loans made by a candidate to the candidate's campaign in excess of the amounts in Subsection (a) shall be deemed a contribution to the campaign and may not be repaid to the candidate.
   (d)   Whenever the Ethics Commission adjusts the voluntary expenditure ceilings to reflect changes in the California Consumer Price Index, as authorized under Section 1.130, the Commission is authorized to adjust the loan amounts in this Section to reflect changes in the Consumer Price Index.
(Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 228-06, File No. 060501, App. 9/14/2006)
(Former Sec. 1.116 added by Ord. 365-94, App. 10/28/94; renumbered by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition O, 11/7/2000)
SEC. 1.118.  PAYMENT OF ACCRUED EXPENSES.
   (a)   A candidate committee that accepts goods or services on credit shall pay for such accrued expenses in full no later than 180 calendar days after receipt of a bill or invoice and in no event later than 180 calendar days after the last calendar day of the month in which the goods were delivered or the services were rendered, unless it is clear from the circumstances that the failure to pay is reasonably based on a good faith dispute. For purposes of this Subsection, a good faith dispute shall be rebuttably presumed if the candidate committee produces the following:
      (1)   Evidence that the candidate committee protested the payment of a bill no later than 30 calendar days after the last calendar day of the month in which the goods were delivered or the services were rendered; and
      (2)   Evidence that the protest was based on the time of delivery, quality or quantity of goods delivered or services rendered or the price of the goods delivered or the services provided.
   (b)   The provisions of Subsection (a) do not apply to debt owed to a financial institution for an outstanding credit card balance.
   (c)   Each and every calendar day any accrued expense remains partially or wholly unpaid after the time periods set forth in Subsection (a) constitutes a separate violation.
(Added by Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009)
(Former Sec. 1.118 added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; repealed by Ord. 3-06, File No. 051439, App. 1/20/2006)
SEC. 1.120.  CONTRIBUTION LIMITS – POST-ELECTION LEGAL PROCEEDINGS.
   All provisions of this Chapter, unless specified otherwise herein, shall be applicable in any post-election recounts, election contests or other proceedings held pursuant to law. In addition, the following provisions shall be applicable in any such post-election legal proceedings:
   (a)   No person other than a candidate shall make, and no candidate shall solicit or accept, any contribution which will cause the total amount contributed by such person in post-election legal proceedings to any candidate to exceed, in addition to the contribution limit contained in Sections 1.114, $100.00.
   (b)   Notwithstanding any other provision of this Chapter to the contrary, for the purposes of conducting post-election recounts, election contests or other proceedings held pursuant to law, the delivery of in-kind legal services by lawyers in support of or in opposition to candidates, including in-kind contributions to committees supporting or opposing candidates, shall not be subject to any contribution limitations set forth in this Chapter.
   (c)   If any person violates this Section, each campaign treasurer who received part or all of the contribution or contributions which constitute the violation shall pay promptly the amount received from such person in excess of the amount permitted by this Section to the City and County Treasurer for deposit in the General Fund of the City and County.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 3-06, File No. 051439, App. 1/20/2006)
SEC. 1.122.  SOLICITATION OR ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS – LIMITATIONS.
   (a)   DECLARATION OF INTENT REQUIRED. No candidate or candidate committee shall solicit or accept, or cause to be solicited or accepted, any contribution unless and until the candidate has filed a declaration of intention to become a candidate for a specific City elective office with the Department of Elections on a form prescribed by the Director of Elections.
      No person shall file a declaration of intention to become a candidate for more than one City elective office.
   (b)   USE OF CAMPAIGN FUNDS.
      (1)   GENERAL. Except as otherwise provided in this Chapter, funds in a candidate committee's campaign account may be used only on behalf of the candidacy for the office specified in the candidate's declaration of intention filed under Subsection (a) or for expenses associated with holding that office, provided that such expenditures are reasonably related to a legislative, governmental, or political purpose. Contributions solicited or accepted under this Section for one candidate shall not be expended for the candidacy of any other candidate for local, state or federal office, in support of or opposition to any measure or in support of or opposition to any state ballot proposition, or for donations to a charitable organization. Nothing in this section shall prohibit a candidate committee for a candidate in a ranked choice election from expending funds to support the ranking of another candidate if the primary purpose of the expenditure is to further the candidate's own campaign.
      (2)   PROHIBITING CANDIDATE-CONTROLLED GENERAL PURPOSE COMMITTEES. No candidate holding City elective office may control a candidate-controlled general purpose committee. Any candidate who controls a candidate-controlled general purpose committee prior to assuming City elective office shall return, use, or dispose of all funds held by the committee using the means specified in subsection (b)(4) within 90 days of the date that the candidate assumes office.
      (3)   WITHDRAWAL FROM CANDIDACY. If a candidate has withdrawn his or her candidacy, campaign funds held by that candidate's committee's Campaign Contribution Trust Account shall be:
         (A)   returned on a "last in, first out" basis to those persons who have made said contributions;
         (B)   donated to the City and County of San Francisco;
         (C)   donated to a charitable organization;
         (D)   used to pay outstanding campaign debts or accrued expenses;
         (E)   used to pay expenses associated with terminating the committee, such as bookkeeping, legal fees, preparation of campaign statements, and audits; or
         (F)   used for other permissible purposes established by the Ethics Commission by regulation.
      (4)   SURPLUS FUNDS. Surplus funds held by a candidate or committee shall be:
         (A)   returned on a "last in, first out" basis to those persons who have made said contributions;
         (B)   donated to a charitable organization;
         (C)   donated to the City and County of San Francisco;
         (D)   used to pay outstanding campaign debts or accrued expenses;
         (E)   used to pay expenses associated with terminating the committee, such as bookkeeping, legal fees, preparation of campaign statements, and audits; or
         (F)   used for other permissible purposes established by the Ethics Commission by regulation.
   (c)   TRANSFER OF FUNDS. Subject to the restrictions set forth in Subsection (b), at any time, funds held in a candidate committee's Campaign Contribution Trust Account may be transferred to any legally constituted committee established by the candidate under the California Political Reform Act, California Government Code section 81000 et seq. Contributions transferred under this subsection shall be attributed to specific contributors using a "first in, first out" or "last in, first out" accounting method.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 157-16 , File No. 160669, Eff. 9/3/2016)
SEC. 1.124.  ADDITIONAL DISCLOSURE REQUIREMENTS FOR CONTRIBUTIONS MADE BY BUSINESS ENTITIES.
   (a)   Additional Disclosures. In addition to the campaign disclosure requirements imposed by the California Political Reform Act and other provisions of this Chapter 1, any committee required to file campaign statements with the Ethics Commission must disclose the following information for contribution(s) that, in aggregate, total $10,000 or more that it receives in a single election cycle from a single business entity:
      (1)   one of the business entity’s principal officers, including, but not limited to, the Chairperson of the Board of Directors, President, Vice-President, Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Executive Director, Deputy Director, or equivalent positions; and
      (2)   whether the business entity has received funds through a contract or grant from any City agency within the last 24 months for a project within the jurisdiction of the City and County of San Francisco, and if so, the name of the agency that provided the funding, and the value of the contract or grant.
   (b)   Filing Requirements. Committees shall provide this information for contributions received from business entities at the same time that they are required to file semiannual or preelection campaign statements with the Ethics Commission.
(Added by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019)
(Former Sec. 1.124 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Ord. 141-03, File No. 030034, App. 6/27/2003)
SEC. 1.125.  ADDITIONAL DISCLOSURE REQUIREMENTS FOR BUNDLED CONTRIBUTIONS.
   (a)   Definition. For purposes of this Section 1.125, the following words and phrases shall mean:
   “Bundle” shall mean delivering or transmitting contributions, other than one’s own or one’s spouse’s, except for campaign administrative activities and any actions by the candidate that a candidate committee is supporting.
   “Campaign administrative activity” shall mean administrative functions performed by paid or volunteer campaign staff, a campaign consultant whose payment is disclosed on the committee’s campaign statements, or such campaign consultant’s paid employees.
   (b)   Additional Disclosure Requirements. Any committee controlled by a City elective officer or candidate for City elective office that receives contributions totaling $5,000 or more that have been bundled by a single individual shall disclose the following information:
      (1)   the name, occupation, employer, and mailing address of the person who bundled the contributions;
      (2)   a list of the contributions bundled by that person (including the name of the contributor and the date the contribution was made);
      (3)   if the individual who bundled the contributions is a member of a City board or commission, the name of the board or commission on which that person serves, and the names of any City officers who appointed or nominated that person to the board or commission.
   (c)   Filing Requirements. Committees shall provide the information for bundled contributions required by subsection (b) at the same time that they are required to file semiannual or preelection campaign statements with the Ethics Commission. Committees shall be required to provide this information following the receipt of the final contribution that makes the cumulative amount of contributions bundled by a single individual total $5,000 or more.
   (d)   Website Posting. The Ethics Commission shall make all information that is submitted in accordance with subsection (b) publicly available through its website.
(Added by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019)
SEC. 1.126.  CONTRIBUTION PROHIBITION – CONTRACTORS DOING BUSINESS WITH THE CITY.
   (a)   Definitions. For purposes of this Section 1.126, the following words and phrases shall mean:
   “Affiliate” means any member of an entity’s board of directors or any of that entity’s principal officers, including its chairperson, chief executive officer, chief financial officer, chief operating officer, any person with an ownership interest of more than 10% in the entity, and any subcontractor listed in the entity’s bid or contract.
   “Board on which an individual serves” means the board to which the officer was elected and any other board on which the elected officer serves.
   “City Contractor” means any person who contracts with, or is seeking a contract with, any department of the City and County of San Francisco, a state agency on whose board an appointee of a City elective officer serves, the San Francisco Unified School District, or the San Francisco Community College District, when the total anticipated or actual value of the contract(s) that the person is party to or seeks to become party to with any such entity within a fiscal year equals or exceeds $100,000.
   “Contract” means any agreement or contract, including any amendment or modification to an agreement or contract, with the City and County of San Francisco, a state agency on whose board an appointee of a City elective officer serves, the San Francisco Unified School District, or the San Francisco Community College District for:
      (1)   the rendition of personal services,
      (2)   the furnishing of any material, supplies or equipment,
      (3)   the sale or lease of any land or building,
      (4)   a grant, loan, or loan guarantee, or
      (5)   a development agreement.
“Contract” shall not mean a collective bargaining agreement or memorandum of understanding between the City and a labor union representing City employees regarding the terms and conditions of those employees’ City employment.
   (b)   Prohibition on Contributions. No City Contractor or affiliate of a City Contractor may make any contribution to:
      (1)   An individual holding a City elective office if the contract must be approved by such individual, the board on which that individual serves, or a state agency on whose board an appointee of that individual serves;
      (2)   A candidate for the office held by such individual; or
      (3)   A committee controlled by such individual or candidate.
   (c)   Term of Prohibitions. The prohibitions set forth in subsection (b) shall apply from the submission of a proposal for a contract until:
      (1)   The termination of negotiations for such contract; or
      (2)   12 months from the date the contract is approved.
   (d)   Prohibition on Soliciting or Accepting Contributions. No individual holding City elective office, candidate for such office, or committee controlled by such an individual shall:
      (1)   accept any contribution prohibited by subsection (b); or
      (2)   solicit any contribution prohibited by subsection (b) from a person who the individual knows or has reason to know to be a City Contractor.
   (e)   Forfeiture of Contribution. In addition to any other penalty, each committee that accepts a contribution prohibited by subsection (b) shall pay promptly the amount received or deposited to the City and County of San Francisco and deliver the payment to the Ethics Commission for deposit in the General Fund of the City and County; provided that the Commission may provide for the waiver or reduction the waiver or reduction1 of the forfeiture.
   (f)   Notification.
      (1)   Notification by City Agencies..1
         (A)   Prospective Parties to Contracts. The City agency seeking to enter into a contract subject to subsection (b) shall inform any prospective party to a contract of the prohibition in subsection (b) and of the duty to notify the Ethics Commission, as described in subsection (f)(2), by the submission of a proposal for such contract.
         (B)   Parties to Executed Contracts. After the final execution of a contract by a City agency and any required approvals of a City elective officer, the agency that has entered into a contract subject to subsection (b) shall inform any parties to the contract of the prohibition in subsection (b) and the term of such prohibition established by subsection (c).
      (2)   Notification of Ethics Commission. The City agency seeking to enter into a contract subject to subsection (b) shall notify the Ethics Commission. within 30 days of the submission of a proposal, on a form or in a format adopted by the Commission, of the parties to the contract, and any subcontractor listed as part of the proposal.
      (3)   Notification by Prospective Parties to Contracts. Any prospective party to a contract subject to subsection (b) shall, by the submission of a proposal for such contract, inform any member of that party’s board of directors and any of that party’s principal officers, including its chairperson, chief executive officer, chief financial officer, chief operating officer, any person with an ownership interest of more than 10% in the party, and any subcontractor listed in the party’s bid or contract of the prohibition in subsection (b).
      (4)   Notification by Individuals Who Hold City Elective Office. Every individual who holds a City elective office shall, within five business days of the approval of a contract by the officer, a board on which the officer sits, or a board of a state agency on which an appointee of the officer sits, notify the Ethics Commission, on a form or in a format adopted by the Commission, of each contract approved by the individual, the board on which the individual serves, or the board of a state agency on which an appointee of the officer sits. An individual who holds a City elective office need not file the form required by this subsection (f)(4) if the Clerk or Secretary of a Board on which the individual serves or a Board of a State agency on which an appointee of the officer serves has filed the form on behalf of the board.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 228-06, File No. 060501, App. 9/14/2006; Proposition H, 6/3/2008; Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019)
CODIFICATION NOTE
1.   So in Ord. 129-18.
SEC. 1.127.  CONTRIBUTIONS BY PERSONS WITH PENDING LAND USE MATTERS.
   (a)   Definitions. For purposes of this Section 1.127, the following terms have the following meanings:
   “Affiliated Entities” means business entities directed and controlled by the same person or majority-owned by the same person.
   “Financial Interest” means (a) an ownership interest of at least $5,000,000 in the project or property that is the subject of the Land Use Matter; (b) holding the position of director or principal officer, including but not limited to President, Vice-President, Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Executive Director, Deputy Director, or member of the Board of Directors, in an entity with an ownership interest of at least $5,000,000 in the project or property that is the subject of the Land Use Matter; or (c) being the developer of a project with an estimated construction cost of at least $5,000,000 that is the subject of the Land Use Matter.
   “Land Use Matter” means (a) any request to a City elective officer for a Planning Code or Zoning Map amendment, or (b) any application for an entitlement that requires a discretionary determination at a public hearing before a City board or commission. “Land Use Matter” shall not include discretionary review hearings.
   “Prohibited Contribution” means a contribution of any amount to (a) a member of the Board of Supervisors, (b) a candidate for member of the Board of Supervisors, (c) the Mayor, (d) a candidate for Mayor, (e) the City Attorney, or (f) a candidate for City Attorney.
   (b)   Prohibited Contributions. No person, or the person’s Affiliated Entities, with a Financial Interest in a Land Use Matter pending before the Board of Appeals, Board of Supervisors, Building Inspection Commission, Commission on Community Investment and Infrastructure, Historic Preservation Commission, Planning Commission, Port Commission, or the Treasure Island Development Authority Board of Directors, shall make any Prohibited Contribution at any time from the date of commencement of a Land Use Matter until 12 months have elapsed from the date that the board or commission renders a final decision or ruling or any appeals to another City agency from that decision or ruling have been finally resolved.
   (c)   Prohibition on Soliciting or Accepting Prohibited Contributions.
      (1)   Prohibition. No member of the Board of Supervisors, candidate for member of the Board of Supervisors, the Mayor, candidate for Mayor, the City Attorney, candidate for City Attorney, or controlled committees of such officers and candidates may accept or solicit any contribution prohibited by subsection (b).
      (2)   Safe Harbor. Notwithstanding subsection (c)(1), if a member of the Board of Supervisors, candidate for member of the Board of Supervisors, the Mayor, candidate for Mayor, the City Attorney, candidate for City Attorney, or controlled committees of such officers and candidates, accepts a contribution prohibited by subsection (b) after exercising due diligence, such due diligence shall constitute a full and complete defense in any enforcement action for a violation of this Section 1.127, except that the recipient of the prohibited contribution shall forfeit that contribution. A candidate or committee would satisfy this due diligence requirement if the person making the contribution to such candidate or committee attests under penalty of perjury that the contribution is not prohibited by subsection (b).
   (d)   Exception for Primary Residence. The prohibitions set forth in subsections (b) and (c) of this Section 1.127 shall not apply if the Land Use Matter concerns only the person’s primary residence.
   (e)   Forfeiture of Prohibited Contributions. In addition to any other penalty provided by law, each member of the Board of Supervisors, candidate for member of the Board of Supervisors, the Mayor, candidate for Mayor, the City Attorney, candidate for City Attorney, or controlled committees of such officers and candidates, who solicits or accepts any contribution prohibited by subsection (b) of this Section 1.127 shall pay promptly the amount received by or deposited to the City and County of San Francisco by delivering the payment to the Ethics Commission for deposit in the City’s General Fund.
   (f)   Notification. The Board of Appeals, Board of Supervisors, Building Inspection Commission, Commission on Community Investment and Infrastructure, Historic Preservation Commission, Planning Commission, Port Commission, and the Treasure Island Development Authority Board of Directors shall post a description of the prohibition in subsection (b) of this Section 1.127 on their respective websites and include that description on each meeting agenda.
(Added by Proposition F, 11/5/2019, Eff. 12/20/2019)
SEC. 1.128.  ACCEPTANCE OR REJECTION OF VOLUNTARY EXPENDITURE CEILINGS.
   (a)   Candidates for Assessor, City Attorney, District Attorney, Public Defender, Sheriff, Treasurer, the Board of Education of the San Francisco Unified School District or the Governing Board of the San Francisco Community College District may accept the applicable voluntary expenditure ceiling. Candidates for the Board of Supervisors or Mayor may not accept a voluntary expenditure ceiling.
   (b)   To accept the applicable voluntary expenditure ceiling, a candidate must file a statement with the Ethics Commission accepting the applicable voluntary expenditure ceiling. The candidate shall file this statement no later than the deadline for filing nomination papers with the Department of Elections. A candidate may not withdraw the statement accepting the voluntary expenditure ceiling after filing the statement. A candidate may not file the statement accepting the applicable voluntary expenditure ceiling if the Ethics Commission has lifted the voluntary expenditure ceiling under Section 1.134 of this Chapter.
   (c)   The Ethics Commission shall maintain, on its website, a list of the candidates who have accepted the voluntary expenditure ceiling. If the Ethics Commission has lifted a voluntary expenditure ceiling for a particular race under Section 1.134 of this Chapter, the Ethics Commission shall instead maintain a list of the candidates who have accepted, but are no longer subject to the voluntary expenditure ceiling in that race.
   (d)   A candidate who has accepted the applicable voluntary expenditure ceiling and makes qualified campaign expenditures in excess of the voluntary expenditure ceiling, at a time when the Ethics Commission has not lifted the applicable voluntary expenditure ceiling, is subject to the penalties in Section 1.170 for violation of this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 293-04, File No. 041396, App. 12/24/2004; Ord. 3-06, File No. 051439, App. 1/20/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009)
SEC. 1.130.  AMOUNT OF VOLUNTARY EXPENDITURE CEILINGS.
   (a)   Any candidate for Assessor, Public Defender, City Attorney, District Attorney, Treasurer, or Sheriff who agrees to accept voluntary expenditure ceilings shall not make total qualified campaign expenditures exceeding $243,000, unless the Ethics Commission has lifted the voluntary expenditure ceiling pursuant to Section 1.134 of this Chapter.
   (b)   Any candidate for the Board of Education of the San Francisco Unified School District or the Governing Board of the San Francisco Community College District who agrees to accept voluntary expenditure ceilings shall not make total qualified campaign expenditures exceeding $104,000, unless the Ethics Commission has lifted the voluntary expenditure ceiling pursuant to Section 1.134 of this Chapter.
   (c)   The Ethics Commission is authorized to adjust annually by regulation the voluntary expenditure ceilings imposed by this Section to reflect the change in the California Consumer Price Index for that year, provided that such adjustments shall be rounded off to the nearest $1,000.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 3-06, File No. 051439, App. 1/20/2006; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009)
SEC. 1.132.  [REPEALED.]
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Ord. 228-06, File No. 060501, App. 9/14/2006)
SEC. 1.134.  LIFTING OF VOLUNTARY EXPENDITURE CEILINGS; SUPPLEMENTAL REPORTING IN ELECTIONS FOR ASSESSOR, PUBLIC DEFENDER, CITY ATTORNEY, DISTRICT ATTORNEY, TREASURER, SHERIFF, THE BOARD OF EDUCATION OF THE SAN FRANCISCO UNIFIED SCHOOL DISTRICT, OR THE GOVERNING BOARD OF THE SAN FRANCISCO COMMUNITY COLLEGE DISTRICT.
   This Section shall apply only if at least one candidate for the City elective office has accepted the applicable voluntary expenditure ceiling, and the Ethics Commission has not lifted that voluntary expenditure ceiling. This Section applies only to candidates for Assessor, Public Defender, City Attorney, District Attorney, Treasurer, Sheriff, the Board of Education of the San Francisco Unified School District, or the Governing Board of the San Francisco Community College District.
   (a)   The voluntary expenditure ceiling shall no longer be binding on a candidate:
      (1)   If a candidate seeking election to the same City elective office, who has declined to accept the voluntary expenditure ceiling, receives contributions or makes qualified campaign expenditures in excess of 100 percent of the applicable voluntary expenditure ceiling,
      (2)   If a person or persons make expenditures or payments, or incur expenses for the purpose of making independent expenditures, electioneering communications or member communications that total more than 100 percent of the applicable voluntary expenditure ceiling, and those expenditures or communications clearly identify a candidate seeking election to the same City elective office, or
      (3)   If a candidate seeking election to the same City elective office, who has accepted the voluntary expenditure ceiling, makes qualified campaign expenditures in excess of 100 percent of the voluntary expenditure ceiling.
   (b)   Any candidate committee that receives contributions, makes qualified campaign expenditures, incurs expenses or has funds in its Campaign Contribution Trust Account that total more than 100 percent of the applicable voluntary expenditure ceiling shall, within 24 hours of exceeding 100 percent of the applicable voluntary expenditure ceiling, file a statement with the Ethics Commission, on forms to be provided by the Ethics Commission, stating that fact and any additional information required by the Ethics Commission.
   (c)   The Executive Director shall promptly review statements filed pursuant to state and local law, including California Government Code section 84204 and Sections 1.161, 1.162, and 1.163 of this Chapter, to determine whether a communication supports or opposes one or more candidates.
   (d)   Within one business day after determining that the threshold listed in subsection (a) has been met with respect to an office appearing on the ballot, the Executive Director shall inform every candidate for that office that the Ethics Commission has lifted the applicable voluntary expenditure ceiling. The Executive Director shall also post a notice on the Ethics Commission's website and send written notice by e-mail to any other person who has requested such notice.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Proposition O, 11/7/2000; Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 71-05, File No. 041489, App. 4/15/2005; Ord. 75-05, File No. 050624, App. 4/27/2005; Ord. 3-06, File No. 051439, App. 1/20/2006; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 102-15 , File No. 150294, App. 6/25/2015, Eff. 7/25/2015)
SEC. 1.134.5.  [REPEALED.]
(Added by Ord. 31-06, File No. 051773, App. 2/23/2006; amended by Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 74-08, File No. 080278, App. 4/30/2008; Ord. 243-08, File No. 081061, App. 10/30/2008; repealed by Ord. 234-09, File. No. 090989, App. 11/20/2009)
SEC. 1.135.  SUPPLEMENTAL PRE-ELECTION STATEMENTS.
   (a)   Supplemental Preelection Statements – General Purpose Committees. In addition to the campaign disclosure requirements imposed by the California Political Reform Act and other provisions of this Chapter 1, a San Francisco general purpose committee that makes contributions or expenditures totaling $500 or more during the period covered by the preelection statement, other than expenditures for the establishment and administration of that committee, shall file a preelection statement before any election held in the City and County of San Francisco at which a candidate for City elective office or City measure is on the ballot.
   (b)   Time for Filing Supplemental Preelection Statements – General Purpose Committees.
      (1)   Even-Numbered Years. In even-numbered years, preelection statements required by subsection (a) shall be filed pursuant to the preelection statement filing schedule established by the Fair Political Practices Commission for county general purpose recipient committees. In addition to these deadlines, preelection statements shall also be filed, for the period ending six days before the election, no later than four days before the election.
      (2)   Odd-Numbered Years. In odd-numbered years, the filing schedule for preelection statements is as follows:
         (A)   For the period ending 45 days before the election, the statement shall be filed no later than 40 days before the election;
         (B)   For the period ending 17 days before the election, the statement shall be filed no later than 12 days before the election; and
         (C)   For the period ending six days before the election, the statement shall be filed no later than four days before the election.
   (c)   Time for Filing Supplemental Preelection Statements – Ballot Measure Committees and Candidate Committees. In addition to the deadlines established by the Fair Political Practices Commission, ballot measure committees and candidate committees required to file preelection statements with the Ethics Commission shall file a third preelection statement before any election held in the City and County of San Francisco at which a candidate for City elective office or City measure is on the ballot, for the period ending six days before the election, no later than four days before the election.
   (d)   The Ethics Commission may require that these statements be filed electronically.
(Added by Ord. 141-03, File No. 030034, App. 6/27/2003; amended by Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 102-15 , File No. 150294, App. 6/25/2015, Eff. 7/25/2015; Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019)
SEC. 1.136.  PUBLIC FINANCING OF CANDIDATES FOR THE BOARD OF SUPERVISORS OR MAYOR.
   Candidates for the Board of Supervisors or Mayor whom the Ethics Commission certifies as eligible to receive public financing of their election campaigns, and who comply with the applicable conditions and restrictions specified in Section 1.140 of this Chapter, may receive public funds as provided in this Chapter to defray the costs of their election campaigns.
(Added by Proposition O, 11/7/2000; amended by Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009)
SEC. 1.138.  ELECTION CAMPAIGN FUND; APPROPRIATION OF FUNDS.
   (a)   ESTABLISHMENT OF ELECTION CAMPAIGN FUND. There is hereby established a special fund of the City and County of San Francisco called the Election Campaign Fund. All money deposited in the Fund is hereby appropriated for use as specified in this Chapter and the implementing regulations.
   (b)   APPROPRIATION TO ELECTION CAMPAIGN FUND. Except as provided in Subsections (b)(3) and (b)(4), each fiscal year the City and County of San Francisco shall appropriate $2.75 per resident of the City and County of San Francisco to the Election Campaign Fund to provide funding for election campaigns as authorized by this Chapter for all candidates for Mayor or the Board of Supervisors who may be eligible to receive such funds. At the request of the Ethics Commission, the Controller shall estimate the number of residents of the City and County of San Francisco for purposes of this subsection.
      (1)   Any funds in the Election Campaign Fund not used in one election shall be carried over for use in the following election, provided that at no time shall the total amount in the Election Campaign Fund exceed $7 million. Any funds in the Election Campaign Fund in excess of $7 million shall be returned to the General Fund.
      (2)   Funds necessary for the Ethics Commission to administer the public financing program for candidates for Mayor or the Board of Supervisors authorized under Section 1.136 of this Chapter shall be taken from the Election Campaign Fund. The Commission's administrative expenses for such public financing program for any election shall not exceed 15% of the total amount of funds in the Election Campaign Fund for that election.
      (3)   If the Office of Mayor becomes vacant and an election is held to fill the vacancy for the remainder of the term, the City and County of San Francisco shall appropriate additional funds to the Election Campaign Fund in an amount that ensures that at least $8.00 per resident is available in the Election Campaign Fund for that election and the next regularly scheduled Mayoral election.
      (4)   If an office of a member of the Board of Supervisors becomes vacant and an election is held to fill the vacancy for the remainder of the term, the City and County of San Francisco shall appropriate an additional $0.25 per resident to the Election Campaign Fund for that election. These additional funds shall not be subject to the limit in Subsection (b)(1) of this Section. Any funds appropriated pursuant to this subsection that are not used for the election to fill the vacancy shall be returned to the General Fund.
(Added by Proposition O, 11/7/2000; amended by Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 64-12, File No. 111082, App. 4/20/2012, Eff. 5/20/2012)
SEC. 1.138.5.  [REPEALED.]
(Added by Ord. 31-06, File No. 051773, App. 2/23/2006; repealed by Ord. 268-07, File No. 071003, App. 11/26/2007)
SEC. 1.140.  ELIGIBILITY TO RECEIVE PUBLIC FINANCING.
   (a)   REQUIREMENTS FOR ALL CANDIDATES. To be eligible to receive public financing of campaign expenses under this Chapter, a candidate must:
      (1)   Have filed a statement indicating that he or she intends to participate in the public financing program under Section 1.142 of this Chapter.
      (2)   Agree to the following conditions:
         (A)   The candidate bears the burden of providing that each contribution the candidate relies upon to establish eligibility is a qualifying contribution;
         (B)   The candidate bears the burden of proving that expenditures made with public funds provided under this Chapter comply with Section 1.148 of this Chapter;
         (C)   The candidate will not make any payments to a contractor or vendor in return for the contractor or vendor making a campaign contribution to the candidate or make more than a total of 50 payments, other than the return of a contribution, to contractors or vendor that have made contributions to the candidate;
         (D)   Notwithstanding Sections 1.114 and 1.116, the candidate shall not loan or donate, in total, more than $5,000 of his or her own money to the campaign;
         (E)   The candidate shall not accept any loans to his or her campaign with the exception of a candidate's loan to his or her own campaign as permitted by this Section; and
         (F)   The candidate shall agree to participate in at least three debates with the candidate's opponents.
      (3)   Have paid any outstanding late fines or penalties, owed to the City by the candidate or any of the candidate's previous campaign committees, which were imposed for violations of this Code or the campaign finance provisions of the California Political Reform Act (Government Code Sections 84100-85704), provided that the Ethics Commission had notified the candidate of such fines or penalties by the time of certification.
      (4)   Have filed any outstanding forms, owed to the City by the candidate or any of the candidate's previous campaign committees, which were required to be filed pursuant to this Code or the campaign finance provisions of the Political Reform Act (Government Code Sections 84100-85704), provided that the Ethics Commission had notified the candidate of such outstanding forms by the time of certification.
      (5)   Have no finding by a court or by the Ethics Commission after a hearing on the merits, within the prior five years, that the candidate knowingly, willfully, or intentionally violated any Section of this Code or the campaign finance provisions of this California Political Reform Act (Government Code Sections 84100-85704). For purposes of this Section, a plea of nolo contendere constitutes a finding by a court of a willful violation.
   (b)   ADDITIONAL REQUIREMENTS FOR CANDIDATES FOR THE BOARD OF SUPERVISORS. To be eligible to receive public financing of campaign expenses under this Chapter, a candidate for the Board of Supervisors must:
      (1)   Be seeking election to the Board of Supervisors and be eligible to hold the office sought;
      (2)   Have a candidate committee that has received at least $10,000 in qualifying contributions from at least 100 contributors by the 70th day before the election; or, if the candidate is an incumbent member of the Board of Supervisors, have a candidate committee that has received at least $15,000 in qualifying contributions from at least 150 contributors by the 70th day before the election;
      (3)   Be opposed by another candidate who has either established eligibility to receive public financing, or whose candidate committee has received contributions or made expenditures which in the aggregate equal or exceed $10,000; and
      (4)   Agree that his or her candidate committee will not make qualified campaign expenditures that total more than the candidate’s Individual Expenditure Ceiling of $350,000, or as adjusted under Section 1.143 of this Chapter.
   (c)   ADDITIONAL REQUIREMENTS FOR CANDIDATES FOR MAYOR. To be eligible to receive public financing of campaign expenses under this Chapter, a candidate for Mayor must:
      (1)   Be seeking election to the office of Mayor and be eligible to hold the office sought;
      (2)   Have a candidate committee that has received at least $50,000 in qualifying contributions from at least 500 contributors by the 70th day before the election; or, if the candidate is the incumbent Mayor, have a candidate committee that has received at least $75,000 in qualifying contributions from at least 750 contributors by the 70th day before the election; 
      (3)   Be opposed by another candidate who has either established eligibility to receive public financing, or whose candidate committee has received contributions or made expenditures that in the aggregate equal or exceed $50,000; and
      (4)   Agree that his or her candidate committee will not make qualified campaign expenditures that total more than the candidate’s Individual Expenditure Ceiling of $1,700,000, or as adjusted under Section 1.143 of this Chapter.
   (d)   ADJUSTMENT OF EXPENDITURE LIMITS AND THRESHOLDS. The Ethics Commission is authorized to adjust:
      (1)   The figures in Subsections (b)(4) and (c)(4) to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $1,000 for candidates for the Board of Supervisors and the nearest $5,000 for candidates for Mayor;
      (2)   The figure in Subsection (a)(2)(D) of this Section to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $1,000;
      (3)   The figures in Subsections (b)(2) and (b)(3) of this Section to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $500;
      (4)   The figures in Subsections (c)(2) and (c)(3) of this Section to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $5,000; and
      (5)   The maximum amount of a contribution that constitutes a qualifying contribution pursuant to Section 1.104 to reflect changes in the California Consumer Price Index, provided that such adjustments shall be rounded off to the nearest $10.
(Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 236-05, File No. 051033, App. 10/7/2005; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 64-12, File No. 111082, App. 4/20/2012, Eff. 5/20/2012; Ord. 218-19, File No. 190660, App. 10/4/2019, Eff. 11/4/2019, Oper. 1/1/2020)
SEC. 1.140.5.  [REPEALED.]
(Added by Ord. 31-06, File No. 051773, App. 2/23/2006; repealed by Ord. 268-07, File No. 071003, App. 11/26/2007)
SEC. 1.142.  PROCESS FOR ESTABLISHING ELIGIBILITY; CERTIFICATION BY THE ETHICS COMMISSION.
   (a)   STATEMENT OF PARTICIPATION OR NON-PARTICIPATION. Each candidate for the Board of Supervisors or Mayor must sign and file a Statement of Participation or Non-Participation in the public financing program. The statement must be filed by the candidate with the Ethics Commission no later than the third day following the deadline for filing nomination papers. On the statement, each candidate shall indicate whether the candidate intends to participate in the public financing program. A statement of participation or non-participation may not be amended after the deadline set forth in the subsection (a).
      If any deadline imposed by this subsection (a) falls on a Saturday, Sunday, or legal holiday, the deadline shall be the next business day.
   (b)   DECLARATION BY CANDIDATE. To become eligible to receive public financing of campaign expenses under this Chapter 1, a candidate shall declare, under penalty of perjury, that the candidate satisfies the requirements specified in Section 1.140. Candidates shall be permitted to submit the declaration and any supporting material required by the Ethics Commission to the Ethics Commission no earlier than nine months before the date of the election, but no later than the 70th day before the election. Once the declaration and supporting material are submitted, they may not be amended. The declaration and supporting material may be withdrawn and refiled, provided that the refiling is made no later than the 70th day before the election.
      If any deadline imposed by this subsection (b) falls on a Saturday, Sunday, or legal holiday, the deadline shall be the next business day.
   (c)   DETERMINATION OF ELIGIBILITY. The Executive Director of the Ethics Commission shall review the candidate’s declaration and supporting material to determine whether the candidate is eligible to receive public funds under this Chapter 1. The Executive Director may audit the candidate’s records, interview contributors, and take whatever steps the Executive Director deems necessary to determine eligibility. At the request of the Executive Director, the Controller shall assist in this review process.
   (d)   DETERMINATION OF OPPOSITION. To determine whether a candidate for the Board of Supervisors is opposed as required under Section 1.140(b)(3) of this Chapter or a candidate for Mayor is opposed as required under Section 1.140(c)(3) of this Chapter 1, the Executive Director shall review the material filed pursuant to Section 1.152 of this Chapter, and may review any other material.
   (e)   CERTIFICATION. If the Executive Director determines that a candidate for Mayor or the Board of Supervisors has satisfied the requirements of Section 1.140, the Executive Director shall notify the candidate and certify to the Controller that the candidate is eligible to receive public financing under this Chapter 1. The Executive Director shall not certify that a candidate is eligible to receive public financing if the candidate’s declaration or supporting material is incomplete or otherwise inadequate to establish eligibility. The Executive Director shall determine whether to certify a candidate no later than 30 days after the date the candidate submits his or her declaration and supporting material, provided that the Executive Director shall make all determinations regarding whether to certify a candidate no later than the 55th day before the election.
   (f)   RESUBMISSION. If the Executive Director declines to certify that a candidate is eligible to receive public financing under this Chapter 1, the Executive Director shall notify the candidate. Notwithstanding Section 1.142(b) of this Chapter, the candidate may, within five business days of the date of notification, resubmit the declaration and supporting material. If the candidate does not timely resubmit, the Executive Director's determination is final.
      If, after viewing resubmitted material, the Executive Director declines to certify that a candidate is eligible to receive public financing under this Chapter, the Executive Director shall notify the candidate of this fact. Additional resubmissions may be permitted in the Executive Director's discretion. If the candidate fails to resubmit in the time specified by the Executive Director, or if no further resubmissions are permitted, the Executive Director's determination is final.
   (g)   APPEAL TO THE ETHICS COMMISSION. If the Executive Director declines to certify that a candidate is eligible to receive public financing under this Chapter 1, the candidate may appeal the Executive Director's final determination to the Ethics Commission. The candidate must deliver the written appeal to the Ethics Commission within five days of the date of notification of the Executive Director's determination.
(Added by Proposition O, 11/7/2000; amended by Ord. 141-03, File No. 030034, App. 6/27/2003; Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 268-07, File No. 071003, App. 11/26/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009; Ord. 44-12 , File No. 111277, App. 3/13/2012, Eff. 4/12/2012; Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018; Ord. 83-19, File No. 190287, App. 5/10/2019, Eff. 6/10/2019)
SEC. 1.143.  ADJUSTING INDIVIDUAL EXPENDITURE CEILINGS.
   This Section 1.143 shall apply only if the Ethics Commission has certified that at least one candidate for Mayor or the Board of Supervisors is eligible to receive public funds under this Chapter 1.
   (a)   The Executive Director shall adjust the Individual Expenditure Ceiling of a candidate for Mayor by $250,000 when the sum of the Total Opposition Spending against that candidate and the highest level of the Total Supportive Funds of any other candidate for Mayor is greater than $1,700,000 by any amount. Thereafter, the Executive Director shall further adjust a candidate’s Individual Expenditure Ceiling in increments of $250,000, whenever the sum of the Total Opposition Spending against that candidate and the highest level of the Total Supportive Funds of any other candidate for Mayor is greater than the candidate’s current Individual Expenditure Ceiling by any amount.
   (b)   The Executive Director shall adjust the Individual Expenditure Ceiling of a candidate for the Board of Supervisors by $50,000 when the sum of the Total Opposition Spending against that candidate and the highest level of the Total Supportive Funds of any other candidate for the same office on the Board of Supervisors is greater than $350,000 by any amount. Thereafter, the Executive Director shall further adjust a candidate’s Individual Expenditure Ceiling in increments of $50,000, whenever the sum of the Total Opposition Spending against that candidate and the highest level of the Total Supportive Funds of any other candidate for the same office is greater than the candidate’s current Individual Expenditure Ceiling by any amount.
   (c)   The Executive Director shall promptly review statements filed pursuant to state and local law, including Government Code section 84204 and Sections 1.161, 1.162, and 1.163 of this Chapter 1, to determine whether a communication supports or opposes one or more candidates.
      Factors the Executive Director shall use to determine whether the communication supports or opposes one or more candidates include the following:
      (1)   whether the communication clearly identifies one or more candidates;
      (2)   the timing of the communication;
      (3)   the voters targeted by the communication;
      (4)   whether the communication identifies any candidate's position on a public policy issue and urges the reader or viewer to take action, including calling the candidate to support or oppose the candidate's position;
      (5)   whether the position of one or more candidates on a public policy issue has been raised as distinguishing these candidates from others in the campaign, either in the communication itself or in other public communications;
      (6)   whether the communication is part of an ongoing series of substantially similar advocacy communications by the organization on the same issue; and
      (7)   any other factors the Executive Director deems relevant.
   (d)   Within one business day of the date that the Executive Director makes a determination under subsection (c), either the candidate(s) identified in the communication or any candidate seeking the same City elective office as the candidate identified in the communication may object to the Executive Director’s determination. The Executive Director shall respond to any objection within one business day of receiving the objection.
   (e)   Within one business day of the Executive Director's response, either the candidate(s) identified in the communication or any candidate seeking the same City elective office as the candidate identified in the communication may submit to the Executive Director a request that the Ethics Commission review the Executive Director's determination. Within one business day of receiving the request, the Executive Director shall notify each Commissioner of the candidate's request.
      If within one business day of the Executive Director's notice, two or more members of the Commission inform the Executive Director that they would like to review the determination, the Executive Director shall schedule a meeting of the Commission on a date that occurs within one week of the Commissioners' requests. If three members of the Commission vote to overrule the Executive Director's determination, the Commission shall make a final determination based on the factors set forth above.
   (f)   If no candidate objects to the Executive Director's determination, if no candidate requests review by the Commission of the Executive Director's determination, if a request is made and two or more members of the Commission do not request to review the determination, or within one week of two members of the Commission requesting to review the Executive Director's determination, at least three members of the Commission do not vote to overrule the Executive Director's determination, the Executive Director's determination shall become final.
      The Executive Director shall determine whether to adjust the Individual Expenditure Ceilings of each candidate for Mayor or the Board of Supervisors pursuant to either subsection (a) or (b) within one business day of a final determination.
(Added by Ord. 234-09, File. No. 090989, App. 11/20/2009; amended by Ord. 64-12, File No. 111082, App. 4/20/2012, Eff. 5/20/2012; Ord. 102-15 , File No. 150294, App. 6/25/2015, Eff. 7/25/2015; Ord. 83-19, File No. 190287, App. 5/10/2019, Eff. 6/10/2019; Ord. 218-19, File No. 190660, App. 10/4/2019, Eff. 11/4/2019, Oper. 1/1/2020)
SEC. 1.144.  DISBURSEMENT OF PUBLIC FUNDS.