(a) Officers and Employees. Each officer and employee of the City and County of San Francisco holding a position designated in this Chapter 1, other than those officials identified in Section 3.1-500, shall file statements disclosing the information required by the disclosure categories set forth in this Chapter, on such forms as may be specified by the Fair Political Practices Commission in a format specified by the Ethics Commission (Form 700 unless otherwise provided by the Commission), and at such times required by Regulation 18730. A copy of the forms to be used shall be supplied by the Ethics Commission to each filing officer, upon request. Every officer and employee holding a position designated in this Chapter shall retain his or her filing obligations, notwithstanding any reclassification or title change that may occur in the future as to the same job duties.
(b) Candidates. Each candidate for City elective office, as that term is defined in Chapter 1 of Article I of this Code, shall file no later than the final filing date for a declaration of candidacy, a statement disclosing the information required by the disclosure category for the City elective office sought by the candidate. Candidates shall file such statements with the Department of Elections on the same forms as used by filers under subsection (a) of this Section 3.1-102. This statement shall not be required if the candidate has filed, within 60 days prior to the filing of his or her declaration of candidacy, a statement for the same jurisdiction pursuant to this Chapter or Sections 87202 or 87203 of the California Government Code.
(c) Penalties and Enforcement.
(1) Criminal Penalties. Any person who knowingly or willfully violates this Section 3.1-102 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000 for each violation or by imprisonment in the County jail for a period of not more than one year in jail or by both such fine and imprisonment.
(2) Civil Penalties. Any person who intentionally or negligently violates this Section 3.1-102 shall be liable in a civil action brought by the City Attorney for an amount up to $5,000 for each violation.
(3) Injunctive Relief. The City Attorney or any San Francisco resident may bring a civil action on behalf of the people of San Francisco to enjoin violations of or compel compliance with this Section 3.1-102.
(A) No resident may commence a civil action under this Section 3.1-102 without first notifying the City Attorney in writing of the intent to file a civil action under this Section 3.1-102. If the City Attorney fails to notify the resident within 120 days of receipt of the notice that the City Attorney has filed or will file a civil action, the complainant may file the action. No resident may file an action under this Section 3.1-102 if the City Attorney responds within 120 days that the City Attorney intends to file an action or has already filed a civil action.
(B) No resident may bring an action under this Section 3.1-102 if the Ethics Commission has issued a finding of probable cause arising out of the same facts, the District Attorney has commenced a criminal action arising out of the same facts, or another resident has filed a civil action under this Section arising out of the same facts.
(C) A court may award reasonable attorney’s fees and costs to any resident who obtains injunctive relief under this Section 3.1-102.
(4) Administrative Penalties. Any person who violates this Section 3.1-102 shall be subject to and may be held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters to City officers and employees.
(5) Statute of Limitations. No person may bring a criminal, civil, or administrative action under this Section 3.1-102 against any other person more than four years after the date of the alleged violation.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 98-06, File No. 051876, App. 5/19/2006; Ord. 256-14
, File No. 141003, App. 12/19/2014, Eff. 1/18/2015; Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(Derivation: Former Administrative Code Section 58.3)