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If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Chapter and the applicability of such provisions to other persons and circumstances shall not be affected thereby.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; renumbered by Proposition O, 11/7/2000)
Editor's Note:
Ord. 228-06, File No. 060501, approved September 14, 2006, repealed, § 1.200, which pertained to prohibition on multiple campaign accounts.
Ord. 228-06, File No. 060501, approved September 14, 2006, repealed, § 1.200, which pertained to prohibition on multiple campaign accounts.
(Added by Proposition E, 11/4/2003)
(Former Section 1.200 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition E, 11/4/2003. Derivation: Former Section 8 of Appendix K to the 1932 Charter) (Repealed by Ord. 228-06, File No. 060501, App. 9/14/2006)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Ord. 3-06, File No. 054139, App. 1/20/2006) (Derivation: Former Administrative Code Section 16.535; added by Ord. 131-93, App. 5/17/93)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 192-03, File No. 030994, App. 7/25/2003; repealed by Ord. 3-06, File No. 054139, App. 1/20/2006) (Derivation: Former Administrative Code Section 16.536; added by Ord. 131-93, App. 5/17/93)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 192-03, File No. 030994, App. 7/25/2003; repealed by Ord. 3-06, File No. 054139, App. 1/20/2006) (Derivation: Former Administrative Code Section 16.537; added by Ord. 131-93, App. 5/17/93)
(Added by Ord. 192-03, File No. 030994, App. 7/25/2003; repealed by Ord. 3-06, File No. 054139, App. 1/20/2006)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 192-03, File No. 030994, App. 7/25/2003; repealed by Ord. 3-06, File No. 054139, App. 1/20/2006) (Derivation: Former Administrative Code Section 16.538; added by Ord. 131-93, App. 5/17/93)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Ord. 3-06, File No. 054139, App. 1/20/2006) (Derivation: Former Administrative Code Section 16.535; added by Ord. 131-93, App. 5/17/93)
Editor's Note:
Ord. 228-06, File No. 060501, approved September 14, 2006, repealed Ch. 4 in its entirety, which pertained to prohibition on false endorsements on campaign literature.
Ord. 228-06, File No. 060501, approved September 14, 2006, repealed Ch. 4 in its entirety, which pertained to prohibition on false endorsements on campaign literature.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000)
(Derivation: Former Administrative Code Section 16.548-1; added by Ord. 83-99, File No. 981596, App. 4/23/99; repealed by Ord. 228-06, File No. 060501, App. 9/14/2006)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000)
(Derivation: Former Administrative Code Section 16.548-2; added by Ord. 83-99, File No. 981596, App. 4/23/99; repealed by Ord. 228-06, File No. 060501, App. 9/14/2006)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000)
(Derivation: Former Administrative Code Section 16.548-3; added by Ord. 83-99, File No. 981596, App. 4/23/99; repealed by Ord. 228-06, File No. 060501, App. 9/14/2006)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000)
(Derivation: Former Administrative Code Section 16.548-4 added by Ord. 83-99, File No. 981596, App. 4/23/99; repealed by Ord. 228-06, File No. 060501, App. 9/14/2006)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000)
(Derivation: Former Administrative Code Section 16.548-5; added by Ord. 83-99, File No. 981596, App. 4/23/99; repealed by Ord. 228-06, File No. 060501, App. 9/14/2006)
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000)
(Derivation: Former Administrative Code Section 16.548-6; added by Ord. 83-99, File No. 981596, App. 4/23/99; repealed by Ord. 228-06, File No. 060501, App. 9/14/2006)
Findings. | |
Amendment or Repeal of this Chapter. | |
Prohibitions. | |
Registration, Reregistration, Reporting, and Fees. | |
Powers and Duties of the Ethics Commission. | |
Administrative and Civil Enforcement, and Penalties. | |
Code of Conduct. | |
Severability. | |
Electronic Filing of Statements and Reports. | |
Construction with Other Laws. | |
(a) The City and County of San Francisco has a paramount interest in protecting the integrity and credibility of its electoral and government institutions. Election campaigns are highly competitive in San Francisco, and candidates frequently contract for the services of professional campaign consultants who specialize in guiding and managing campaigns.
(b) It is the purpose and intent of the people of the City and County of San Francisco in enacting this Chapter to impose reasonable registration and disclosure requirements on campaign consultants. Required registration and disclosure of information by campaign consultants will assist the public in making informed decisions, and protect public confidence in the electoral and governmental processes.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.540; added by Proposition G, 11/4/97)
The voters may amend or repeal this Chapter 5. The Board of Supervisors may amend this Chapter 5 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 Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
Whenever used in this Chapter, the following definitions shall apply:
(a) "Campaign consultant" means any person or entity that receives or is promised economic consideration equaling $1,000 or more in a calendar year for campaign consulting services. The term "campaign consultant" includes any person or entity that subcontracts with a campaign consultant to provide campaign consulting services, and that receives or is promised economic consideration equaling $1,000 or more in a calendar year for providing campaign consulting services. The term "campaign consultant" does not include persons who are employees of a campaign consultant, attorneys who provide only legal services, accountants who provide only accounting services, pollsters who provide only polling services, and treasurers who provide only those services which are required of treasurers by the Political Reform Act, California Government Code Section 81000, et seq.
(b) "Campaign consulting services" means participating in campaign management or developing or participating in the development of campaign strategy.
(c) "Campaign management" means conducting, coordinating or supervising a campaign to elect, defeat, retain or recall a candidate, or adopt or defeat a measure, including but not limited to hiring or authorizing the hiring of campaign staff and consultants, spending or authorizing the expenditure of campaign funds, directing, supervising or conducting the solicitation of contributions to the campaign, and selecting or recommending vendors or subvendors of goods or services for the campaign.
(d) "Campaign strategy" means plans for the election, defeat, retention or recall of a candidate, or for the adoption or defeat of a measure, including but not limited to producing or authorizing the production of campaign literature and print and broadcast advertising, seeking endorsements of organizations or individuals, seeking financing, or advising on public policy positions.
(e) "Candidate" means a person who has taken affirmative action to seek nomination or election to local office, a local officeholder who has taken affirmative action to seek nomination or election to any elective office, or a local officeholder who is the subject of a recall election.
(f) "Economic consideration" means any payments, fees, commissions, reimbursements for expenses, gifts, or anything else of value.
(g) "Lobby" means communicate with a local officeholder for the purpose of influencing local legislative or administrative action in exchange for economic consideration.
(h) "Lobbyist" is defined in Article II of this Code.*
(i) "Local office" means the following elective offices in the City and County of San Francisco: Mayor, Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, Board of Education of the San Francisco Unified School District, and Governing Board of the San Francisco Community College District.
(j) "Measure" means a local referendum or local ballot measure, whether or not it qualifies for the ballot.
(k) "Vendor" means a person or entity who sells goods or services, other than campaign consulting services, including but not limited to printing, catering, and transportation services. The term "vendor" does not include attorneys who provide only legal services, accountants who provide only accounting services, pollsters who provide only polling services, and treasurers who provide only those services which are required of treasurers by the Political Reform Act, California Government Code Section 81000 et seq.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.541; added by Proposition G, 11/4/97)
Editor's note
*The Regulation of Lobbyists Ordinance, which was previously codified at Administrative Code Section 16.520, et seq., is now codified in Article II of this Code.
It shall be unlawful for any campaign consultant to provide campaign consulting services, or accept any economic consideration for the provision of campaign consulting services, without first registering with the Ethics Commission and complying with the reporting requirements specified in Section 1.515.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.542; added by Proposition G, 11/4/97)
(a) REGISTRATION REPORTS. At the time of initial registration, each campaign consultant shall report to the Ethics Commission the following information:
(1) The name, business address and business phone number of the campaign consultant;
(2) If the campaign consultant is an individual, the name of the campaign consultant's employer and a description of the business activity engaged in by the employer;
(3) The names of any individuals employed by the campaign consultant to assist in providing campaign consulting services;
(4) A statement of whether the campaign consultant is required to register with the Ethics Commission pursuant to the Regulation of Lobbyists Ordinance, San Francisco Campaign and Governmental Conduct Code, Article II;*
(5) A statement of whether the campaign consultant is required to register with the Tax Collector pursuant to the Business Tax Ordinance, San Francisco Municipal Code, Part III, Section 1001, et. seq.;
(6) The name, address, and telephone number of each client to whom the campaign consultant provided campaign consulting services during the preceding three months;
(7) For each client, the total economic consideration promised by or received from the client in exchange for the provision of campaign consulting services during the preceding three months, provided that the total is $500 or more;
(8) Each political contribution of $100 or more made or delivered by the campaign consultant, or made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the preceding three months in support of or in opposition to a candidate or measure;
(9) The cumulative total of all political contributions made or delivered by the campaign consultant, or which is made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the preceding three months in support of or in opposition to each individual candidate or measure, provided that the cumulative total is $500 or more;
(10) Any gifts promised or made by the campaign consultant to a local officeholder during the preceding three months which in the aggregate total $50 or more; and
(11) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.
(b) REREGISTRATION REPORTS. Each campaign consultant shall reregister annually no later January 1st.
(c) FEES. At the time of initial registration and reregistration, each campaign consultant shall pay to the Ethics Commission a registration fee and an additional fee for each client of the campaign consultant. The amount of the fee shall be:
(i) Campaign consultants earning at least $1,000 but not more than $5,000 per calendar year shall pay a registration fee of $50 and shall pay a client fee of $50 per client;
(ii) Campaign consultants earning more than $5,000 but not more than $20,000 per calendar year shall pay a registration fee of $200 and a client fee of $50 per client;
(iii) Campaign consultants earning more than $20,000 per calendar year shall pay a registration fee of $400 and a client fee of $50 per client.
When a client is acquired subsequent to initial registration or reregistration, the per client fee shall be paid at the time of filing the information required by Subsection (d). The Ethics Commission shall deposit fees collected pursuant to this Section in the General Fund of the City and County of San Francisco. On or after July 1, 1999, the Ethics Commission shall evaluate the fees set by this Section and propose any amendments for approval by the Board of Supervisors no later than December 1, 1999. If the Ethics Commission or the Board of Supervisors takes no action, the fees set by this Section shall remain in effect.
(d) CLIENT AUTHORIZATION STATEMENTS. At the time of initial registration, the campaign consultant shall submit to the Ethics Commission a written authorization from each client that contracts with the campaign consultant for campaign consulting services.
If the campaign consultant is retained by a client after the date of initial registration, the campaign consultant must file a Client Authorization Statement before providing any campaign consulting services to the client and before receiving any economic consideration from the client in exchange for campaign consulting services, and in any event no later than 15 days after being retained to provide campaign consulting services to the client.
(e) QUARTERLY REPORTS. Each campaign consultant shall file with the Ethics Commission quarterly reports containing the following information:
(1) For each client, the total economic consideration promised by or received from the client during the reporting period for campaign consulting services, provided that the total is $500 or more;
(2) The total economic consideration promised by or received from all clients during the reporting period for campaign consulting services;
(3) Political contributions of $100 or more made or delivered by the campaign consultant, or made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the reporting period in support of or in opposition to a candidate or measure;
(4) The cumulative total of all political contributions made or delivered by the campaign consultant, or made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the reporting period in support of or in opposition to each individual candidate or measure, provided that the cumulative total is $500 or more;
(5) Any gifts promised or made by the campaign consultant to a local officeholder during the reporting period which in the aggregate total $50 or more;
(6) Economic consideration promised to or received by the campaign consultant during the reporting period from vendors and subvendors who provided campaign-related goods or services to a current client of the campaign consultant;
(7) The name of each local officeholder and City employee who is employed by the campaign consultant, or by a client of the campaign consultant at the behest of the campaign consultant, during the reporting period;
(8) Each City contract obtained by the campaign consultant during the reporting period, provided that the contract is approved by a local officeholder who is a client of the campaign consultant;
(9) Each appointment to public office received by the campaign consultant during the reporting period, provided that the appointment is made by a local office-holder who is a client of the campaign consultant;
(10) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.
Quarterly reports are due as follows: The report for the period starting December 1st and ending February 28th is due March 15th; the report for the period starting March 1st and ending May 31st is due June 15th; the report for the period starting June 1st and ending August 31st is due September 15th; and the report for the period starting September 1st and ending November 30th is due December 15th.
(f) CLIENT TERMINATION STATEMENTS. Within 30 days after a client terminates the services of a campaign consultant, the campaign consultant shall submit to the Ethics Commission a statement that the client has terminated the services of the campaign consultant. A campaign consultant may not provide campaign consulting services to a client or accept economic consideration for the provision of campaign consulting services after a client termination statement is filed, until a new client authorization statement has been filed pursuant to Section 1.515(d).
(g) CAMPAIGN CONSULTANT TERMINATION STATEMENTS. A campaign consultant shall comply with all requirements of this Chapter until the campaign consultant ceases all activity as a campaign consultant and files a statement of termination with the Ethics Commission. A statement of termination must include all information required by Subsection (e) for the period since the campaign consultant's last quarterly report.
(i) Each campaign consultant shall retain for a period of five years all books, papers and documents necessary to substantiate the reports and statements required under this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.543; added by Proposition G, 11/4/97)
Editor's note
*The Regulation of Lobbyists Ordinance, which was previously codified at Administrative Code Section 16.520, et seq., is now codified in Article II of this Code.
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