ARTICLE II:
LOBBYING

 

Chapter
1.	REGULATION OF LOBBYISTS

 

CHAPTER 1: REGULATION OF LOBBYISTS

Sec. 2.100.	Findings.
Sec. 2.103.	Amendment or Repeal of Chapter.
Sec. 2.105.	Definitions.
Sec. 2.106.	Lobbying Contacts.
Sec. 2.107.	No Conflict with State Bar Act.
Sec. 2.110.	Registration and Disclosures; Fees; Termination of Registration.
Sec. 2.115.	Limits and Prohibitions.
Sec. 2.116.	Lobbyist Training.
Sec. 2.117.	Lobbying by Campaign Consultants.
Sec. 2.120.	Employment of City and County Officers or Employees; Appointment of Employee to City and County Office.
Sec. 2.130.	Employment of Unregistered Persons.
Sec. 2.135.	Filing Under Penalty of Perjury; Retention of Documents; Audits.
Sec. 2.136.	False Information; Duty to Cooperate and Assist.
Sec. 2.140.	Powers and Duties of the Ethics Commission.
Sec. 2.145.	Administrative and Civil Enforcement and Penalties.
Sec. 2.150.	Limitation of Actions.
Sec. 2.155.	Severability.

 

SEC. 2.100. FINDINGS.

   (a)   The voters find that public disclosure of the identity and extent of efforts of lobbyists to influence decision-making regarding local legislative and administrative matters is essential to protect public confidence in the responsiveness and representative nature of government officials and institutions. It is the purpose and intent of this Chapter 1 to impose reasonable registration and disclosure requirements to reveal information about lobbyists’ efforts to influence decision-making regarding local legislative and administrative matters.

   (b)   To increase public confidence in the fairness and responsiveness of governmental decision making, it is the further purpose and intent of the people of the City and County of San Francisco to restrict gifts, campaign contributions, and bundled campaign contributions from lobbyists to City officers so that governmental decisions are not, and do not appear to be, influenced by the giving of personal benefits to City officers by lobbyists, or by lobbyists’ financial support of City officers’ political interests.

   (c)   Corruption and the appearance of corruption in the form of campaign consultants exploiting their influence with City officials on behalf of private interests may erode public confidence in the fairness and impartiality of City governmental decisions. The City and County of San Francisco has a compelling interest in preventing corruption or the appearance of corruption which could result in such erosion of public confidence. Prohibitions on campaign consultants lobbying current and former clients will protect public confidence in the electoral and governmental processes. It is the purpose and intent of the people of the City and County of San Francisco in enacting this Chapter to prohibit campaign consultants from exploiting or appearing to exploit their influence with City officials on behalf of private interests.

(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 28-04, File No. 031656, App. 2/20/2004; Ord. 235-09, File No. 090833, App. 11/10/2009; Prop. T, App. 11/8/2016, Oper. 1/1/2018; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)

SEC. 2.103. 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 Prop. C, App. 11/3/2015, Oper. 2/1/2016; Prop. T, App. 11/8/2016, Oper. 1/1/2018; re-enacted and amended by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)

SEC. 2.105. DEFINITIONS.

   Whenever used in this Chapter 1, the following words and phrases shall be defined as provided in this Section 2.105:

   “Activity expenses” means any expense incurred or payment made by a lobbyist or a lobbyist’s client at the behest of the lobbyist, or arranged by a lobbyist or a lobbyist’s client at the behest of the lobbyist, which benefits in whole or in part any: officer of the City and County; candidate for City and County office; aide to a member of the Board of Supervisors; or member of the immediate family or the registered domestic partner of an officer, candidate, or aide to a member of the Board of Supervisors. An expense or payment is not an “activity expense” unless it is incurred or made within three months of a contact with the officer, candidate, or Supervisor’s aide who benefits from the expense or payment, or whose immediate family member or registered domestic partner benefits from the expense or payment. “Activity expenses” include honoraria, consulting fees, salaries, and any other thing of value totaling more than $25 in value in a consecutive three-month period, but do not include political contributions.

   “Agency” shall mean a unit of City government that submits its own budget to the Mayor and Board of Supervisors pursuant to Article IX of the City Charter.

   “Candidate” shall have the same meaning as set forth in Section 1.104 of this Code.

   “Client” means the person for whom lobbyist services are performed by a lobbyist.

   “Committee” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq.

   “Contact lobbyist” means any individual who (1) makes five or more contacts in a calendar month with officers of the City and County on behalf of the individual’s employer; or (2) makes one or more contacts in a calendar month with an officer of the City and County on behalf of any person who pays or who becomes obligated to pay the individual or the individual’s employer for lobbyist services. An individual is not a contact lobbyist if that individual is lobbying on behalf of a business of which the individual owns a 20% or greater share.

   “Contribution” shall have the same meaning as set forth in the California Political Reform Act, California Government Code Section 81000, et seq.

   “Controlled committee” shall have the same meaning as set forth in Section 1.104 of this Code, but shall not include any state committees.

   “Dependent child” shall mean a child or stepchild of a public official, who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return.

   “Economic consideration” means any payments, fees, reimbursement for expenses, gifts, or anything else of value, provided that “economic consideration” does not include salary, wages or benefits furnished by a federal, state or local government agency.

   “Employee” means any person who receives, reasonably expects to receive, or whose employer is obligated to provide, an Internal Revenue Service Form W-2 wage and tax statement.

   “Employer” means any person who provides an Internal Revenue Service Form W-2 wage and tax statement to an employee who performs lobbyist services on behalf of that person.

   “Expenditure lobbyist” means any person, other than any government entity, or officer or employee of a government entity acting in an official capacity, who, directly or indirectly, makes payments totaling $2,500 or more in a calendar month to solicit, request, or urge other persons to communicate directly with an officer of the City and County in order to influence local legislative or administrative action. Examples of the types of activities the payment for which can count toward the $2,500 threshold referred to in the previous sentence include but are not limited to public relations, media relations, advertising, public outreach, research, investigation, reports, analyses, and studies to the extent those activities are used to further efforts to solicit, request or urge other persons to communicate directly with an officer of the City and County. The following types of payments shall not be considered for the purpose of determining whether a person is an expenditure lobbyist: payments made to a registered contact lobbyist or the registered contact lobbyist’s employer for lobbyist services; payments made to an organization for membership dues; payments made by an organization to distribute communications to its members; payments made by a news media organization to develop and distribute its publications; and payments made by a client to a representative to appear in an adjudicatory proceeding before a City agency or department.

   “Gift” shall be defined as set forth in the Political Reform Act, Government Code Section 81000 et seq., and the regulations adopted thereunder.

   “Gift of travel” shall mean payment, advance, or reimbursement for travel, including transportation, lodging, and food and refreshment connected with the travel.

   “Lobbyist” means a contact lobbyist or expenditure lobbyist.

   “Lobbyist services” means services rendered for the purpose of influencing local legislative or administrative action, including but not limited to contacts with officers of the City and County of San Francisco.

   “Local legislative or administrative action” includes, but is not limited to, the drafting, introduction, consideration, modification, enactment, defeat, approval, veto, granting or denial by any officer of the City and County of any resolution, motion, appeal, application, petition, nomination, ordinance, amendment, approval, referral, permit, license, entitlement to use or contract.

   “Measure” shall have the same meaning as set forth in Section 1.104 of this Code.

   “Officer of the City and County” means any officer identified in Section 3.203 of this Code, as well as any official body composed of such officers. In addition, for purposes of this Chapter, “officer of the City and County” includes (1) members of the Board of Education, Community College Board, First Five Commission, Law Library Board of Trustees, Local Agency Formation Commission, Health Authority Board, Housing Authority Commission, Parking Authority, Relocation Appeals Board, Successor Agency to the former Redevelopment Agency of the City and County of San Francisco, Oversight Board of the Successor Agency, Successor Agency Commission, Transportation Authority, Workforce Investment San Francisco Board as well as any official body composed of such officers, and any person appointed as the chief executive officer under any such board or commission; (2) the Zoning Administrator, (3) the City Engineer, (4) the County Surveyor, and (5) the Bureau Chief of the Department of Public Works’ Bureau of Street Use and Mapping.

   “Person” means an individual, partnership, corporation, association, firm, labor union or other organization or entity, however organized.

   “Public event” shall mean an event or gathering that any member of the public may attend, has been publicly announced and publicized in advance, and for which there is no admission cost or fee.

   “Public hearing” means any open, noticed proceeding.

   “State committee” shall mean a committee formed to support or oppose candidates for state office or state ballot measures.

(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 280-08, File No. 081285, App. 12/5/2008; Ord. 235-09, File No. 090833, App. 11/10/2009; Ord. 98-14 , File No. 130374, App. 6/26/2014, Eff. 7/26/2014; Prop. C, App. 11/3/2015, Oper. 2/1/2016; Prop. T, App. 11/8/2016, Oper. 1/1/2018; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)

SEC. 2.106. LOBBYING CONTACTS.

   (a)   Whenever used in this Chapter 1, “contact” means any communication, oral or written, including communication made through an agent, associate or employee, for the purpose of influencing local legislative or administrative action, except as provided in Subsections (b) and (c).

   (b)   The following activities are not “contacts” within the meaning of this Chapter 1.

      (1)   A representative of a news media organization gathering news and information or disseminating the same to the public, even if the organization, in the ordinary course of business, publishes news items, editorials or other commentary, or paid advertisements, that urge action upon local legislative or administrative matters;

      (2)   A person providing oral or written testimony that becomes part of the record of a public hearing; provided, however, that if the person making the appearance or providing testimony has already qualified as a contact lobbyist under this Chapter and is appearing or testifying on behalf of a client, the contact lobbyist’s testimony shall identify the client on whose behalf the contact lobbyist is appearing or testifying;

      (3)   A person performing a duty or service that can be performed only by an architect or a professional engineer licensed to practice in the State of California;

      (4)   A person making a speech or producing any publication or other material that is distributed and made available to the public, through radio, television, cable television, or other medium of mass communication;

      (5)   A person providing written information in response to an oral or written request made by an officer of the City and County, provided that the written information is a public record available for public review;

      (6)   A person providing oral or written information pursuant to a subpoena, or otherwise compelled by law or regulation;

      (7)   A person submitting a written petition for local legislative or administrative action, provided that the petition is a public record available for public review;

      (8)   A person making an oral or written request for a meeting, or any other similar administrative request, if the request does not include an attempt to influence local legislative or administrative action;

      (9)   A person appearing before an officer of the City and County pursuant to any procedure established by law or regulation for levying an assessment against real property for the construction or maintenance of an improvement;

      (10)   A person providing purely technical data, analysis, or expertise in the presence of a contact lobbyist;

      (11)   A person distributing to any officer of the City and County any regularly published newsletter or other periodical which is not primarily directed at influencing local legislative or administrative action;

      (12)   A person disseminating information or material on behalf of an organization or entity to all or a significant segment of the organization’s or entity’s employees or members;

      (13)   A person appearing as a party or a representative of a party in an administrative adjudicatory proceeding before a City agency or department;

      (14)   A person communicating, on behalf of a labor union representing City employees, regarding the establishment, amendment, or interpretation of a collective bargaining agreement or memorandum of understanding with the City, or communicating about a management decision regarding the working conditions of employees represented by a collective bargaining agreement or a memorandum of understanding with the City;

      (15)   A party or prospective party to a contract providing oral or written information in response to a request for proposals, request for qualifications, or other similar request, provided that the information is directed to the department or official specifically designated in the request to receive such information; negotiating the terms of the contract with the City after being selected to enter into the contract; or communicating in connection with the administration of an existing contract between the party and the City. For the purposes of this subsection (b)(15):

         (A)   A “party or prospective party” includes that party’s officers or employees; a subcontractor listed in the contract, bid, or proposal; or that subcontractor’s officers or employees. A “party or prospective party” does not include any other agent or associate, including any outside consultant or independent contractor.

         (B)   Communication “in connection with the administration of an existing contract” includes, but is not limited to, communication regarding: insurance and bonding; contract performance and/or default; requests for in-scope change orders; legislative mandates imposed on contractors by the City and County; payments and invoicing; personnel changes; prevailing wage verification; liquidated damages and other penalties for breach of contract; audits; assignments; and subcontracting. Communication “in connection with the administration of an existing contract” does not include communication regarding new contracts, or out-of-scope change orders.

      (16)   An officer or employee of a nonprofit organization or an organization fiscally sponsored by such a nonprofit organization communicating on behalf of their organization. For purposes of this subsection only, “nonprofit organization” means either an organization with tax exempt status under 26 United States Code Section 501(c)(3), or an organization with tax exempt status under 26 United States Code Section 501(c)(4) whose most recent federal tax filing included an IRS Form 990-N or an IRS Form 990-EZ, or an organization whose next federal tax filing is reasonably likely to include an IRS Form 990-N or an IRS Form 990-EZ.

   (c)   The following activities are not “contacts” for the purpose of determining whether a person qualifies as a contact lobbyist, but are “contacts” for purpose of disclosures required by this Chapter 1:

      (1)   A person providing oral information to an officer of the City and County in response to an oral or written request made by that officer;

      (2)   A person making an oral or written request for the status of an action; and

      (3)   A person participating in a public interested persons meeting, workshop, or other forum convened by a City agency or department for the purpose of soliciting public input.

(Added by Ord. 98-14 , File No. 130374, App. 6/26/2014, Eff. 7/26/2014; amended by Prop. C, App. 11/3/2015, Oper. 2/1/2016; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)

SEC. 2.107. NO CONFLICT WITH STATE BAR ACT.

   Nothing in this Chapter is intended to regulate attorneys engaged in the practice of law under the California State Bar Act, Business and Professions Code sections 6000 et seq.

(Added by Ord. 98-14 , File No. 130374, App. 6/26/2014, Eff. 7/26/2014; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)