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“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)
“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.
(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
(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)
(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)
(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)
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