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(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)
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)
(a) REGISTRATION OF LOBBYISTS REQUIRED. Lobbyists shall register with the Ethics Commission and comply with the disclosure requirements imposed by this Chapter 1. Such registration shall occur no later than five business days of qualifying as a lobbyist. Contact lobbyists shall register prior to making any additional contacts with an officer of the City and County of San Francisco and expenditure lobbyists shall register prior to making any additional payments to influence local legislative or administrative action.
(b) REGISTRATION.
(1) Contact lobbyists. At the time of initial registration each contact lobbyist shall report to the Ethics Commission the following information:
(A) The name, business address, e-mail address, and business telephone number of the lobbyist;
(B) The name, business address, and business telephone number of each client for whom the lobbyist is performing lobbyist services;
(C) The name, business address, and business telephone number of the lobbyist’s employer, firm or business affiliation;
(D) Each agency that the contact lobbyist has attempted, will attempt, or may attempt to influence on behalf of any client; and
(E) Any other information required by the Ethics Commission through regulation, consistent with the purposes and provisions of this Chapter.
(2) Expenditure lobbyists. At the time of initial registration each expenditure lobbyist shall report to the Ethics Commission the following information:
(A) The name, mailing address, e-mail address, and telephone number of the lobbyist;
(B) Expenditure lobbyists that are entities shall provide:
(i) a description of their nature and purpose(s);
(ii) if the expenditure lobbyist is a corporation, the names of the corporation’s chief executive officer, chief financial officer, and secretary, any officer who authorized payments to influence local legislative and administrative action, and any person who owns more than 20 percent of the corporation;
(iii) if the expenditure lobbyist is a partnership, the name of each partner if the entity has fewer than 10, or the name of the partner with the greatest ownership interest if the entity has 10 or more partners;
(iv) for any other type of business entity, the name of each person with an ownership interest if the entity has fewer than 10 owners, or the name of the person with the greatest ownership interest in the entity, if the entity has 10 or more owners;
(C) Expenditure lobbyists that are individuals shall provide a description of their business activities;
(D) Each agency that the expenditure lobbyist has made, will make, or may make payments to influence; and
(E) Any other information required by the Ethics Commission through regulation, consistent with the purposes and provisions of this Chapter.
(c) LOBBYIST DISCLOSURES. For each calendar month, each lobbyist shall submit the following information no later than the fifteenth calendar day following the end of the month:
(1) Contact lobbyists. Each contact lobbyist shall report to the Ethics Commission the following information:
(A) The name, business address and business telephone number of each person from whom the lobbyist or the lobbyist’s employer received or expected to receive economic consideration to influence local legislative or administrative action during the reporting period.
(B) The name of each officer of the City and County of San Francisco with whom the lobbyist made a contact during the reporting period.
(C) The date on which each contact was made.
(D) The local legislative or administrative action that the lobbyist sought to influence, including, if any, the title and file number of any resolution, motion, appeal, application, petition, nomination, ordinance, amendment, approval, referral, permit, license, entitlement, or contract, and the outcome sought by the client.
(E) The client on whose behalf each contact was made.
(F) The amount of economic consideration received or expected by the lobbyist or the lobbyist’s employer from each client during the reporting period.
(G) All activity expenses incurred by the lobbyist during the reporting period, including the following information:
(i) The date and amount of each activity expense;
(ii) The full name and official position, if any, of the beneficiary of each activity expense, a description of the benefit, and the amount of the benefit;
(iii) The full name of the payee of each activity expense if other than the beneficiary;
(iv) Whenever a lobbyist is required to report a salary of an individual pursuant to this subsection (c)(1), the lobbyist need only disclose whether the total salary payments made to the individual during the reporting period was less than or equal to $250, greater than $250 but less than or equal to $1,000, greater than $1,000 but less than or equal to $10,000, or greater than $10,000.
(H) All campaign contributions of $100 or more made or delivered by the lobbyist or the lobbyist’s employer, or made by a client at the behest of the lobbyist or the lobbyist’s employer during the reporting period to an officer of the City and County, a candidate for such office, a committee controlled by such officer or candidate, or a committee primarily formed to support or oppose such officer or candidate, or any committee primarily formed to support or oppose a measure to be voted on only in San Francisco. This report shall include such campaign contributions arranged by the lobbyist, or for which the lobbyist acted as an agent or intermediary.
The following information regarding each campaign contribution shall be submitted to the Ethics Commission:
(i) The amount of the contribution;
(ii) The name of the contributor;
(iii) The date on which the contribution was made;
(iv) The contributor’s occupation;
(v) The contributor’s employer, or if self-employed, the name of the contributor’s business; and
(vi) The committee to which the contribution was made.
(I) For each contact at which a person providing purely technical data, analysis, or expertise was present, as described in Section 2.106(b)(10), the name, address, employer and area of expertise of the person providing the data, analysis or expertise.
(J) Any other information required by the Ethics Commission through regulation consistent with the purposes and provisions of this Chapter.
(2) Expenditure lobbyists. Each expenditure lobbyist shall report to the Ethics Commission the following information:
(A) The local legislative or administrative action that the lobbyist sought to influence, including, if any, the title and file number of any resolution, motion, appeal, application, petition, nomination, ordinance, amendment, approval, referral, permit, license, entitlement, or contract.
(B) The total amount of payments made during the reporting period to influence local legislative or administrative action.
(C) Each payment of $1,000 or more made during the reporting period, including the date of payment, the name and address of each person receiving the payment, a description of the payment, and a description of the consideration for which the payment was made.
(D) All campaign contributions of $100 or more made or delivered by the lobbyist or made at the behest of the lobbyist during the reporting period to an officer of the City and County, a candidate for such office, a committee controlled by such officer or candidate, or a committee primarily formed to support or oppose such officer or candidate, or any committee primarily formed to support or oppose a measure to be voted on only in San Francisco. This report shall include such campaign contributions arranged by the lobbyist, or for which the lobbyist acted as an agent or intermediary.
The following information regarding each campaign contribution shall be submitted to the Ethics Commission:
(i) The amount of the contribution;
(ii) The name of the contributor;
(iii) The date on which the contribution was made;
(iv) The contributor’s occupation;
(v) The contributor’s employer, or if self-employed, the name of the contributor’s business; and
(vi) The committee to which the contribution was made.
(E) Any other information required by the Ethics Commission through regulation, consistent with the purposes and provisions of this Chapter 1.
(d) DUTY TO UPDATE INFORMATION. Lobbyists shall amend any information submitted to the Ethics Commission through registration and monthly disclosures within five days of the changed circumstances that require correction or updating of such information.
(e) REGISTRATION AND FILING OF DISCLOSURES BY ORGANIZATIONS. The Ethics Commission is authorized to establish procedures to permit the registration and filing of contact lobbyist disclosures by a business, firm, or organization on behalf of the individual contact lobbyists employed by those businesses, firms, or organizations.
(f) FEES; TERMINATION OF REGISTRATION.
(1) At the time of registration each lobbyist shall pay a fee of $500. On or before every subsequent February 1, each registered lobbyist shall pay an additional fee of $500.
(2) Failure to pay the annual fee by February 1 shall constitute a termination of a lobbyist’s registration with the Ethics Commission. The Ethics Commission is also authorized to establish additional processes for the termination of a lobbyist’s registration.
(3) The Ethics Commission shall waive all registration fees for any full-time employee of a tax-exempt organization presenting proof of the organization’s tax-exempt status under 26 U.S.C. Section 501(c)(3) or 501(c)(4).
(4) The Ethics Commission shall deposit all fees collected pursuant to this Section in the General Fund of the City and County of San Francisco.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 129-03, File No. 030250, App. 5/30/2003; 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)
(a) FUTURE EMPLOYMENT. No lobbyist shall cause or influence the introduction or initiation of any local legislative or administrative action for the purpose of thereafter being employed or retained to secure its granting, denial, confirmation, rejection, passage, or defeat.
(b) FICTITIOUS PERSONS. No contact lobbyist shall contact any officer of the City and County in the name of any fictitious person or in the name of any real person, except with the consent of such real person.
(c) EVASION OF OBLIGATIONS. No lobbyist shall attempt to evade the obligations imposed by this Chapter through indirect efforts or through the use of agents, associates, or employees.
(d) CAMPAIGN CONTRIBUTIONS – PROHIBITIONS.
(1) No lobbyist shall make any contribution to a City elective officer or candidate for City elective office, including the City elective officer’s or candidate’s controlled committees, if that lobbyist (A) is registered to lobby the agency of the City elective officer or the agency for which the candidate is seeking election or (B) has been registered to lobby that agency in the previous 90 days.
(2) If a lobbyist has failed to disclose which agencies the lobbyist attempts to influence, as required by Section 2.110(b), the lobbyist may not make a contribution to any City elective officer or candidate for City elective office, or any City elective officer’s or candidate’s controlled committees.
(e) BUNDLING OF CAMPAIGN CONTRIBUTIONS – PROHIBITIONS.
(1) No lobbyist shall deliver or transmit, or deliver or transmit through a third party, any contribution made by another person to any City elective officer or candidate for City elective office, or any City elective officer’s or candidate’s controlled committees, if that lobbyist (A) is registered to lobby the agency for which the candidate is seeking election or the agency of the City elective officer or (B) has been registered to lobby that agency in the previous 90 days.
(2) If a lobbyist has failed to disclose which agencies the lobbyist attempts to influence, as required by Section 2.110(b), the lobbyist may not deliver or transmit, or deliver or transmit through a third party, any contribution made by another person to any City elective officer or candidate for City elective office, or any City elective officer’s or candidate’s controlled committees.
(f) AGGREGATION OF AFFILIATED ENTITY CONTRIBUTIONS. For purposes of the contribution limits imposed by subsections (e) and (f), the contributions of an entity whose contributions are directed and controlled by any lobbyist shall be aggregated with contributions made by that lobbyist as set forth in Section 1.114(c).
(g) REGULATIONS. The Ethics Commission may adopt regulations implementing this Section 2.115, but such regulations may not establish any exceptions from the limits and prohibitions set forth therein.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 235-09, File No. 090833, App. 11/10/2009; 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)
(a) Each contact lobbyist must complete a lobbyist training session offered by the Ethics Commission within one year of the lobbyist’s initial registration. Thereafter, contact lobbyists shall attend additional training sessions as required by the Executive Director, at his or her discretion.
(b) The Ethics Commission shall make lobbyist training sessions available on its website.
(c) On or before the deadline for completing any required lobbyist training session, each contact lobbyist must file a signed declaration with the Ethics Commission stating, under penalty of perjury, that the lobbyist has completed the required training session.
(Added by Ord. 235-09, File No. 090833, App. 11/10/2009; amended by Ord. 98-14
, File No. 130374, App. 6/26/2014, Eff. 7/26/2014; 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)
(a) PROHIBITION. No campaign consultant, individual who has an ownership interest in the campaign consultant, or an employee of the campaign consultant shall communicate with any officer of the City and County who is a current or former client of the campaign consultant on behalf of another person or entity (other than the City and County) in exchange for economic consideration for the purpose of influencing local legislative or administrative action.
(b) EXCEPTIONS.
(1) This prohibition shall not apply to:
(A) an employee of a campaign consultant whose sole duties are clerical; or
(B) an employee of a campaign consultant who did not personally provide campaign consulting services to the officer of the City and County with whom the employee seeks to communicate in order to influence local legislative or administrative action.
(2) The exceptions in Subsection (b)(1) shall not apply to any person who communicates with an officer of the City and County in his or her capacity as an employee of the campaign consultant who is prohibited by Subsection (a) from making the communication.
(c) DEFINITIONS. Whenever the following words or phrases are used in this Section, they shall mean:
(1) “Campaign consultant” shall have the same meaning as in Article I, Chapter 5, Section 1.505 of this Code.
(2) “Campaign consulting services” shall have the same meaning as in Article I, Chapter 5, Section 1.505 of this Code.
(3) “Current client” shall mean a person for whom the campaign consultant has filed a client authorization statement pursuant to Article I, Chapter 5, Section 1.515(d) of this Code and not filed a client termination statement pursuant to Article I, Chapter 5, Section 1.515(f) of this Code. If such person is a committee as defined by Section 82013 of the California Government Code, the current client shall be any individual who controls such committee; any candidate that such committee was primarily formed to support; and any proponent or opponent of a ballot measure that the committee is primarily formed to support or oppose.
(4) “Employee” shall mean an individual employed by a campaign consultant, but does not include any individual who has an ownership interest in the campaign consultant that employs them.
(5) “Former client” shall mean a person for whom the campaign consultant has filed a client termination statement pursuant to Article I, Chapter 5, Section 1.515(f) of this Code within the 60 months prior to communicating with the person.
(Added by Ord. 28-04, File No. 031656, App. 2/20/2004; amended by Ord. 239-08, File No. 080162, App. 10/30/2008; Ord. 235-09, File No. 090833, App. 11/10/2009; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(a) EMPLOYMENT OF CITY AND COUNTY OFFICERS OR EMPLOYEES. If any lobbyist employs or requests, recommends or causes a client of the lobbyist to employ, and such client does employ, any officer of the City and County, any immediate family member or registered domestic partner of an officer of the City and County, or any person known by such lobbyist to be a full-time employee of the City and County, in any capacity whatsoever, the lobbyist shall file within 10 days after such employment a statement with the Ethics Commission setting out the name of the employee, the date first employed, the nature of the employment duties, and the salary or rate of pay of the employee.
(b) APPOINTMENT OF EMPLOYEE TO CITY OFFICE. If an employee of a lobbyist is appointed to City or County office, the lobbyist shall file within 10 days after such appointment a statement with the Ethics Commission setting out the name of the employee, the date first employed, the nature of the employment duties, and the salary or rate of pay of the employee.
(c) REPORT OF SALARY. Whenever a filer is required to report the salary of an employee who is also an officer or employee of the City and County pursuant to this Section, the filer need only disclose whether the total salary payments made to the employee are less than or equal to $250, greater than $250 but less than or equal to $1,000, greater than $1,000 but less than or equal to $10,000, or greater than $10,000.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
It shall be unlawful knowingly to pay any contact lobbyist to contact any officer of the City and County of San Francisco, if said contact lobbyist is required to register under this Chapter and has not done so by the deadlines imposed in this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 235-09, File No. 090833, App. 11/10/2009; 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)
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