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(a) Prohibition on Bribery. No person shall offer or make, and no officer or employee shall accept, any gift with the intent that the City officer or employee will be influenced thereby in the performance of any official act.
(b) General gift restrictions. In addition to the gift limits and reporting requirements imposed by the Political Reform Act and this Code and any subsequent amendments thereto, no officer or employee of the City and County shall solicit or accept any gift or loan from a person who the officer or employee knows or has reason to know is a restricted source, except loans received from commercial lending institutions in the ordinary course of business.
(1) Restricted Source. For purposes of this section, a restricted source means: (A) a person doing business with or seeking to do business with the department of the officer or employee; or (B) a person who during the prior 12 months knowingly attempted to influence the officer or employee in any legislative or administrative action.
(2) Gift. For purposes of this subsection, the term gift has the same meaning as under the Political Reform Act, California Government Code Section 81000 et seq., and the regulations adopted thereunder, including any subsequent amendments. Gifts exempted from the limits imposed by California Government Code Section 89503 and Section 3.1-101 of the Campaign and Governmental Conduct Code shall also be exempted from the prohibition set forth in this subsection.
(3) Regulations. The Ethics Commission shall issue regulations implementing this section, including regulations exempting voluntary gifts that are nominal in value such as gifts that are given by vendors to clients or customers in the normal course of business.
(c) Gifts from Subordinates. No officer or employee shall solicit or accept any gift or loan, either directly or indirectly, from any subordinate or employee under his or her supervision or from any candidate or applicant for a position as a subordinate or employee under his or her supervision. The Ethics Commission shall issue regulations implementing this Section, including regulations exempting voluntary gifts that are given or received for special occasions or under other circumstances in which gifts are traditionally given or exchanged.
(d) Gifts of Travel.
(1) Gifts to Elected Officers. In addition to the gift limits and reporting requirements imposed by the Political Reform Act and this Code, no elected officer may accept a gift of transportation, lodging, or subsistence for any out-of-state trip paid for in part by an individual or entity other than the City and County of San Francisco, another governmental body, or a bona fide educational institution, defined in Section 203 of the Revenue and Taxation Code, unless the officer has first disclosed on a form filed with the Ethics Commission:
(A) the name of the individual or entity and the total amount that will be paid by the individual or entity to fund the trip, including but not limited to the amount directly related to the cost of the elected officer's transportation, lodging, and subsistence;
(B) the name, occupation and employer of any contributor who has contributed more than $500 to the individual or entity funding the trip and whose contributions were used in whole or in part to fund the trip;
(C) a description of the purpose of the trip and the itinerary; and
(D) the name of any individual accompanying the official on the trip who is:
(i) a City employee required to file a Statement of Economic Interests,
(ii) a lobbyist or campaign consultant registered with the Ethics Commission,
(iii) an employee of or individual who has any ownership interest in a lobbyist or campaign consultant registered with the Ethics Commission, or
(iv) the individual funding the trip, or an employee or officer of the entity funding the trip.
(2) Reimbursement of Gifts of Travel. In addition to any other reporting requirements imposed by the Political Reform Act or local law, an elected officer who reimburses an individual or entity for a gift of transportation, lodging or subsistence related to out-of-state travel and thereby avoids having received or accepted the gift shall file a form with the Ethics Commission within 30 days of such reimbursement disclosing:
(A) the name of the individual or entity that originally paid for the transportation, lodging or subsistence;
(B) the amount paid by the individual or entity for the elected officer's transportation, lodging or subsistence;
(C) the amount reimbursed by the elected officer to the individual or entity and the process used to determine that amount; and
(D) a description of the purpose of the trip and the itinerary.
(3) Format. The Ethics Commission shall provide forms for the disclosure required by this subsection and shall make the completed forms available on its website.
(4) Definition. For the purpose of this subsection, the term "elected officer" means the Mayor, member of the Board of Supervisors, City Attorney, District Attorney, Public Defender, Assessor, Treasurer, and Sheriff.
(e) Restrictions. Nothing in this section shall prohibit a City department, agency, board or commission from imposing additional gift restrictions on its officers or employees.
(Added by Proposition E, 11/4/2003; amended by Ord. 128-06, File No. 060217, App. 6/22/2006; Ord. 301-06, File No. 061333, App. 12/18/2006; Ord. 107-11, File No. 110335, App. 6/20/2011, Eff. 7/20/2011)