Whenever in this Chapter 2 the following words or phrases are used, they shall mean:
“Affiliate” shall mean 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, and any person with an ownership interest of more than 10% in the entity.
“Anything of value” shall mean any money or property, private financial advantage, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the City or contributions as defined herein.
“Appointed department head” shall mean any department head who is required to file a Statement of Economic Interests as set forth in Section 3.1-103(b)(1) of this Code, except for the Assessor-Recorder, City Attorney, District Attorney, Mayor, Public Defender, Sheriff, and Treasurer.
“Associated,” when used in reference to an organization, shall mean any organization in which an individual or a member of his or her immediate family is a director, officer, or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the equity, or of which an individual or a member of his or her immediate family is an agent or employee.
“City elective officer” shall mean a person who holds the office of Mayor, Member of the Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor and Public Defender.
“Contract” shall mean any agreement, including any amendment or modification to an agreement, with the City and County of San Francisco for:
(a) the rendition of personal services,
(b) the furnishing of any material, supplies, or equipment,
(c) the sale or lease of any land or building,
(d) a grant, loan, or loan guarantee, or
(e) a development agreement.
“Contribution” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq.
“Department head” shall mean any City official who is required to file a Statement of Economic Interests as set forth in Section 3.1-103(b)(1) of this Code.
“Doing business with the department” shall mean:
(a) being a party to or seeking to become a party to a contract with the department, until 12 months after the term of the contract ends or, if no contract is approved, 12 months after negotiations regarding the contract terminate; or
(b) seeking, obtaining, or possessing a license, permit, or other entitlement for use issued by the department, and appealable to or approved by the department head, the department’s board or commission, or the Board of Supervisors, until 12 months after the date the license, permit, or other entitlement for use was issued, extended, or otherwise approved or, if no license, permit, or other entitlement for use was issued or approved, 12 months after the day the final decision not to issue or approve was made.
“Family member” shall mean an immediate family member, sibling, parent, grandparent, grandchild, aunt, uncle, niece, nephew, or sibling of a spouse or registered domestic partner. Each term shall be inclusive of relationships established by birth, adoption, or marriage.
“Fundraising” shall mean:
(a) requesting that another person make a contribution;
(b) inviting a person to a fundraising event;
(c) supplying names to be used for invitations to a fundraiser;
(d) permitting one’s name or signature to appear on a solicitation for contributions or an invitation to a fundraising event;
(e) permitting one’s official title to be used on a solicitation for contributions or an invitation to a fundraising event;
(f) providing the use of one’s home or business for a fundraising event;
(g) paying for at least 20% of the costs of a fundraising event;
(h) hiring another person to conduct a fundraising event;
(i) delivering a contribution, other than one’s own, by whatever means to a City elective officer, a candidate for City elective office, or a candidate- controlled committee; or
(j) acting as an agent or intermediary in connection with the making of a contribution.
“Gift” shall mean any payment that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. Any gift exceptions established by State law shall not apply to “gift,” as used in this Chapter.
“Immediate family” shall mean spouse, registered domestic partner, and dependent children.
“License, permit, or other entitlement for use” shall mean business, professional, trade, and land use licenses and permits and other entitlements for use, including land use entitlements, as defined in California Government Code Section 84308 and its implementing regulations, as amended from time to time, provided that “entitlement for use” shall not include any contract, as defined in this Section 3.203.
“Officer” shall mean any person holding City elective office; any member of a board or commission required by Article III, Chapter 1 of this Code to file a statement of economic interests; any person appointed as the chief executive officer under any such board or commission; the head of each City department; the Controller; and the City Administrator.
“Payment” shall mean a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services, or anything else of value, whether tangible or intangible.
“Restricted source” shall mean:
(a) a person doing business with or seeking to do business with the department of the officer or employee;
(b) for members of boards and commissions, including the Board of Supervisors, a person doing business with any City department pursuant to a contract that required the approval of the board or commission;
(c) a person seeking, obtaining, or possessing a license, permit, or other entitlement for use, in which the officer or employee was personally and substantially involved, until 12 months after the date the license, permit, or other entitlement for use was issued, extended, amended, or otherwise approved or, if no license, permit, or other entitlement for use was issued or approved, 12 months after the day the final decision not to issue or approve was made.
(d) an affiliate of an entity that qualifies as a restricted source under (a), (b), or (c);
(e) a person who during the prior 12 months knowingly attempted to influence the officer or employee in any legislative or administrative action;
(f) for officers, a registered lobbyist; or
(g) any permit consultant, as defined under Article III, Chapter 4 of this Code, who has registered as a permit consultant with the Ethics Commission, if the permit consultant has reported any contacts with the designated employee’s or officer’s department to carry out permit consulting services during the prior 12 months.
“Solicit” shall mean personally requesting a contribution for any candidate or committee, either orally or in writing.
“Subordinate employee” shall mean an employee of any person whose official City responsibilities include directing or evaluating the performance of the employee or any of the employee’s supervisors.
(Added by Ord. 244-09, File No. 091013, App. 12/3/2009; amended by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018; Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)