Lobbyist Ordinance (2009)
CHAPTER 1: REGULATION OF LOBBYISTS (effective January 4, 2009)
Sec. 2.100. Findings.
Sec. 2.105. Definitions.
Sec. 2.110. Registration of Lobbyists Required; Registration, Reregistration, Quarterly Reports; Fees; Client Authorization; Termination.
Sec. 2.115. Prohibitions.
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. 2.125. Notification of Beneficiaries of Gifts.
Sec. 2.130. Employment of Unregistered Persons.
Sec. 2.135. Filing Under Penalty of Perjury; Retention of Documents.
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. 2.160. Electronic Filing of Statements and Reports.
SEC. 2.100. FINDINGS.
(a) The Board of Supervisors finds 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 the Board of Supervisors to impose on lobbyists reasonable registration and disclosure requirements to reveal information about lobbyists' efforts to influence decision-making regarding local legislative administrative matters.
(b) 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 paramount 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) (Derivation: Former Administrative Code Section 16.520; added by Ord. 19-99, App. 2/19/99)
SEC. 2.105. DEFINITIONS.
Whenever used in this Chapter, the following words and phrases shall have the definitions provided in this Section:
(a) "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 gifts, honoraria, consulting fees, salaries, and any other form of economic consideration totaling more than $30 in value in a consecutive three-month period, but do not include political contributions.
(b) "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.
(c) "Client" means the person for whose benefit lobbyist services are performed by a contract lobbyist.
(d) "Contact" means communicate, orally or in writing, including communication through an agent, associate or employee, for the purpose of influencing or attempting to influence local legislative or administrative action.
(1) The following activities are not "contracts" within the meaning of this Chapter.
(A) A public official acting in the public official's official capacity. For purposes of this Subsection, "public official" includes an elected or appointed official or employee, or officially designated representative of the United States, the State of California, or any political subdivision thereof. For purposes of this Subsection, "public official" also includes persons appointed to serve on City and County advisory committees and City and County task forces;
(B) 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;
(C) 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 lobbyist under this Chapter and is appearing or testifying on behalf of a client, the lobbyist's testimony shall identify the client on whose behalf the lobbyist is appearing or testifying;
(D) A person acting on behalf of others in the performance of a duty or service, which duty or service lawfully can be performed for such other only by an attorney or an architect licensed to practice in the State of California, and including any communication by an attorney in connection with litigation involving the City and County or a claim filed pursuant to Administrative Code Section 10.20-1 et seq.;
(E) A person making a speech or producing any Chapter, publication or other material that is distributed and made available to the public, through radio, television, cable television, or other medium of mass communication;
(F) 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;
(G) A person providing oral or written information pursuant to a subpoena, or otherwise compelled by law or regulation;
(H) A person 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;
(I) A person submitting a written petition for local legislative or administrative action, provided that the petition is a public record available for public review;
(J) A person making an oral or written request for a meeting, for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence local legislative or administrative action;
(K) 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;
(L) An expert employed or retained by a lobbyist registered under this Chapter to provide information to an officer of the City and County;
(M) 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;
(N) A person disseminating information or material to all or a significant segment of the person's employees or members;
(O) A person communicating in connection with the administration of an existing contract between the person and the City and County of San Francisco. For purposes of this Subsection, 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; and
(P) A person applying for, opposing or otherwise taking any position on a grading permit, parcel map, subdivision tract map or a permit relating to the construction, alteration, demolition or moving of a building, other than
(i) communications with any elected official of the City and County, the Zoning Administrator, the City Engineer, the County Surveyor, the Bureau Chief of the Department of Public Works' Bureau of Street Use and Mapping, or the Director of the Planning Department, Department of Building Inspection or Department of Public Works, except for communications by a professional engineer licensed to practice in the State of California performing a duty or service that lawfully can be performed only by a professional engineer; or
(ii) communications regarding an appeal taken or opposed by the person or person's client pursuant to any procedure or authority provided by law from an administrative determination made with respect to such an application or map.
(e) "Economic consideration" means any payments, fees, reimbursement for expenses, gifts, or anything else of value.
(f) "Ethics Commission" means the San Francisco Ethics Commissioner or its designee.
(g) "Filer" means a person who qualifies as a lobbyist under Subsection (i) of this Section.
(h) "Gift" shall be defined as set forth in the Political Reform Act, Government Code Section 81000 et seq., and the regulations adopted thereunder.
(i) "Lobbyist" means the following:
(1) Contract Lobbyist.
(A) "Contract lobbyist" means any person who contracts for economic consideration to contact any officer of the City and County of San Francisco on behalf of any other person, and who:
(i) Receives or becomes entitled to receive at least $3,200 in economic consideration within any three consecutive calendar months in exchange for lobbyist services; or
(ii) Has at least 25 separate contacts with officers of the City and County within any two consecutive calendar months; or
(iii) Receives or becomes entitled to receive at least $3,200 in economic consideration within any three consecutive calendar months from any person in exchange for services, including but not limited to lobbyist services, and makes one or more contacts on behalf of that person with any officer or the City and County for the purpose of influencing local legislative or administrative action regarding a grading permit, parcel map, subdivision tract map or permit relating to the construction, alteration, demolition or moving of a building.
(B) For purposes of calculating whether a person has reached the income threshold set forth in (1)(A)(i) of this Subsection, all economic consideration the person has received or become entitled to receive, during the three consecutive calendar months, from all clients in exchange for lobbyist services shall be combined.
(C) For purposes of calculating whether a person has reached the contacts threshold set forth in (1)(A)(ii) of this Subsection, all contacts with officers of the City and County that were made by the person during the two preceding calendar months on behalf of all clients shall be combined.
(2) Business and Organization Lobbyist.
(A) "Business and organization lobbyist" means any business or organization any of whose employees or members, as a regular part of their employment or duties, contact officers of the City and County of San Francisco on behalf of that business or organization, provided:
(i) The business or organization compensates its employees or members, at any amount, for their lobbyist services on its behalf; and
(ii) The compensated employees or members have a total of at least 25 separate contacts with officers of the City and County within any two consecutive calendar months. Contacts made by an employee or member who merely indicates his or her affiliation or identification with the business or organization, but who does not represent the official position of the business or organization shall not be included in this calculation.
(3) Expenditure Lobbyist.
(A) "Expenditure lobbyist" means any person who makes payments to influence local legislative or administrative action totaling $3,200 or more in value within any three consecutive calendar months.
(B) The following shall not be included in calculating payments under (3)(A) of this Subsection: economic consideration paid to any person in exchange for lobbyist services; and dues payments, donations, and other economic consideration paid to any business and organization lobbyist or expenditure lobbyist, regardless of whether the economic consideration is used in whole or in part to influence local legislative or administrative action.
(4) Exemptions. No person shall qualify as a "lobbyist" within the meaning of this Chapter by reason of activities described in Subsection (d)(1) of Section 2.105.
(j) "Lobbyist services" means services rendered for the purpose of influencing or attempting to influence local legislative or administrative action, including but not limited to contacts with officers of the City and County of San Francisco. "Lobbyist services" shall not include activities described in Subsection (d)(1) of Section 2.105, other than Subsection (d)(1)(C) of Section 2.105.
(k) "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 or entitlement to use. "Local legislative or administrative action" does not include by any officer of the City and County which adjudicates the rights and/or duties of a single person or group of persons, other than a proceeding described in Subsection (d)(1)(K) of Section 2.105.
(l) "Measure" means a local referendum or local ballot measure, whether or not it qualifies for the ballot.
(m) "Officer of the City and County" means any officer identified in San Francisco Administrative Code Section 1.50, 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, Housing Authority, Redevelopment Agency, and Transportation Authority, as well as any official body composed of such officers; and (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.
(n) "Payments to influence local legislative or administrative action" include actual or promised payments of anything of value, whether or not legally enforceable, made in consideration for influencing or attempting to influence local legislative or administrative action. Such payments include payments for contacts with officers of the City and County as well as other lobbyist services. Such payments shall not include the following:
(1) Payments for services that are solely secretarial, clerical, or manual, or are limited solely to the compilation of data and statistics;
(2) Payments for any regular, ongoing business overhead that would continue to be incurred in substantially similar amounts regardless of the filer's activities to influence local legislative or administrative action, other than payments to lobbyists, employees or members for lobbyist services;
(3) Payments for soliciting or urging the filer or the filer's employees or members to contact officers of the City and County;
(4) Payments for the settlement or resolution of litigation or claims filed pursuant to Administrative Code Section 10.20-1 et seq.; or
(5) Payments for activities described in Subsection (d)(1) of Section 2.105, other than Subsections (d)(1)(C), (L) and (P) of Section 2.105.
(o) "Person" means an individual, partnership, corporation, association, firm or other organization or entity, however organized.
(p) "Public hearing" means any open, noticed proceeding.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 280-08, File No. 081285, App. 12/5/08) (Derivation: Former Administrative Code Section 16.521; added by Ord. 19-99, App. 2/19/99)
SEC. 2.110. REGISTRATION OF LOBBYISTS REQUIRED; REGISTRATION, REREGISTRATION, QUARTERLY REPORTS; FEES; CLIENT AUTHORIZATION; TERMINATION.
(a) REGISTRATION OF LOBBYISTS REQUIRED. No person who qualifies as a contract or business or organization lobbyist shall contact any officer of the City and County, and no person who qualifies as an expenditure lobbyist shall make payments to influence local legislative or administrative action, without first registering with the Ethics Commission and complying with the disclosure requirements imposed by this Chapter.
(b) REGISTRATION REPORTS. At the time of initial registration each filer shall report to the Ethics Commission the following information:
(1) The name, business address and business phone number of the filer;
(2) If the filer is a contract lobbyist, the filer shall also report the following:
(A) If the filer is an entity, the name of each individual who is an owner, partner or officer of the filer as follows:
(i) If the filer is a sole proprietorship, list the name of the sole proprietor;
(ii) If the filer is a corporation, however organized, list the name of each officer;
(iii) If the filer is a partnership, however organized, and if the partnership has 10 or more partners, list the name of the partnership; or
(iv) If the filer is a partnership, however organized, and if the partnership has fewer than 10 partners, list the name of each partner.
(B) If the filer is an individual, the name of the filer's employer and a description of the employer's business activity;
(C) The name of each person employed or retained by the filer, at the time of filing or at any time during the two months immediately preceding filing, to contact officers of the City and County;
(D) The name, address, and telephone number of each current client and each client on whose behalf the filer provided lobbyist services during the preceding two months;
(E) The total economic consideration promised by or received from clients during the preceding two months in exchange for lobbyist services;
(F) The total number of contacts with officers of the City and County made during the preceding two months; and
(G) For each current client, and each client on whose behalf the filer provided lobbyist services during the preceding two months, describe the local legislative or administrative action the filer was retained to influence, and the outcome sought by the filer.
(3) If the filer is a business or organization lobbyist, the filer shall also report the following:
(A) A description of the nature and purpose of the business or organization, including a statement indicating whether the filer is an industry, trade or professional association;
(B) The name of each employee or member of the business or organization authorized to contact officers of the City and County on behalf of the business or organization;
(C) The total amount of payments to influence local legislative or administrative action made by the filer during the preceding two months;
(D) The total number of contacts with officers of the City and County, made on behalf of the filer by the filer's employees or members during the preceding two months; and
(E) A description of each local legislative or administrative action the filer seeks to influence or sought to influence during the preceding two months; and the outcome sought by the filer.
(4) If the filer is an expenditure lobbyist, the filer shall also report the following:
(A) If the filer is an entity, a description of the nature and purpose of the entity, and the name of each individual who is an owner, partner or officer of the filer as follows:
(i) If the filer is a sole proprietorship, list the name of the sole proprietor;
(ii) If the filer is a corporation, however organized, list the name of each officer;
(iii) If the filer is a partnership, however organized, and if the partnership has 10 or more partners, list the name of the partnership; or
(iv) If the filer is a partnership, however organized, and if the partnership has fewer than 10 partners, list the name of each partner.
(B) If the filer is an individual, the name and address of the filer's employer, if any, or his or her principal place of business if the filer is self-employed, and a description of the business activity in which the filer or his or her employer is engaged;
(C) The total amount of payments to influence local legislative or administrative action made during the preceding two months; and
(D) A description of each local legislative or administrative action the filer seeks to influence or sought to influence during the preceding two months, and the outcome sought by the filer.
(5) All political contributions of $100 or more made or delivered by the filer, or made by a client at the behest of the filer, during the preceding two months in support of or in opposition 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 ballot measure to be voted on only in San Francisco. This report shall include all political contributions arranged by the lobbyist, or for which the lobbyist acted as an agent or intermediary.
(6) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.
(7) No lobbyist shall be required to report activities described in Subsection (d)(1) of Section 2.105, other than Subsections (d)(1)(C), (L) and (P) of Section 2.105.
(c) REREGISTRATION REPORTS. Each lobbyist shall reregister annually no later than January 15. The reregistration report must include the date of the most recent lobbyist workshop (as described in Section 2.140(j) of this Chapter) attended by the lobbyist.
(d) QUARTERLY REPORTS OF LOBBYIST ACTIVITY. Each lobbyist shall file with the Ethics Commission quarterly reports containing the information specified in this Subsection. The quarterly report for the period starting January 1st and ending March 31st shall be filed no later than April 15th; the quarterly report for the period starting April 1st and ending June 30th shall be filed no later than July 15th; the quarterly report for the period starting July 1st and ending September 30th shall be filed no later than October 15th; and the quarterly report for the period starting October 1st and ending December 31st shall be filed no later than January 15th. Quarterly reports shall include the following information:
(1) All activity expenses incurred by the filer during the reporting period, including the following information:
(A) The date and amount of each activity expense;
(B) 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;
(C) The full name of the payee of each activity expense if other than the beneficiary;
(D) Whenever a filer is required to report a salary of an individual pursuant to this Subsection, the filer 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.
(2) All political contributions of $100 or more made or delivered by the filer, or made by a client at the behest of the filer 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 ballot measure to be voted on only in San Francisco. This report shall include all political contributions arranged by the lobbyist, or for which the lobbyist acted as an agent or intermediary.
(3) If the filer is a contract lobbyist, the filer shall also report the following:
(A) The name of each person employed or retained by the filer during the reporting period to contract officers of the City and County;
(B) The name, address, and telephone number of each client on whose behalf the filer provided lobbyist service during the reporting period;
(C) The total economic consideration promised by or received from clients during the reporting period in exchange for lobbyist services;
(D) The name and title, if applicable, of each officer and department of the City and County contacted by the filer during the reporting period;
(E) For each client, describe the local legislative or administrative action the filer was retained to influence and the outcome sought by the filer; and
(F) For each client, describe the lobbyist services provided for which economic consideration was received from or promised by the client.
(4) If the filer is a business or organization lobbyist, the filer shall also report the following:
(A) The name of each employee or member of the business or organization authorized to contact officers of the City and County, during the reporting period, on behalf of the business or organization;
(B) The total amount of payments to influence local legislative or administrative action made by the filer during the reporting period;
(C) The name and title, if applicable, of each officer and department of the City and County contacted by the filer's employees or members during the reporting period; and
(D) A description of each local legislative or administrative action the filer sought to influence during the reporting period, and the outcome sought by the filer.
(5) If the filer is an expenditure lobbyist, the filer shall also report the following:
(A) The total amount of payments to influence local legislative or administrative action made during the reporting period; and
(B) A description of each local legislative or administrative action the filer sought to influence during the reporting period, and the outcome sought by the filer.
(6) Each City and County contract awarded to the filer during the reporting period. For purposes of this Subsection, the term "contract" means a contract for: the rendition of personal services; the furnishing of any material, supplies or equipment to or from the City, whether by purchase or lease; the sale or lease of land or buildings to or by the City, or the financing of the same.
(7) Payments made by City and County officers to the filer during the reporting period, provided that the payment is made in exchange for "campaign consulting services," as defined in Section 1.505 of this Code, and provided that the filer contacted the officer within one year of the date of payment. The required disclosure of payments under this Subsection shall not apply to information that is privileged under State law.
(8) The name of each officer of the City and County who is employed or retained by the filer, or by a client of the filer at the behest of the filer, at any time during the reporting period.
(9) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.
(10) No lobbyist shall be required to report activities described in Subsection (d)(1) of Section 2.105, other than Subsection (d)(1)(C), (L) and (P) of Section 2.105.
(e) FEES.
(1) At the time of registration or reregistration; each lobbyist shall pay a fee of $500. The Ethics Commission shall prorate the fee by calendar quarter.
(2) In addition, at the time of registration and reregistration, contract lobbyists shall pay a fee of $75 for each current client. When a contract lobbyist is retained by a client subsequent to registration, payment of the $75 fee shall accompany the filing of the information required in Subsection (f) of this Section. The Ethics Commission shall prorate these fees by calendar quarter.
(3) The Ethics Commission shall waive all registration and client fees for any organization presenting proof of its tax-exempt status under 26 U.S.C. 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.
(f) CLIENT AUTHORIZATION STATEMENTS. At the time of initial registration, each contract lobbyist shall submit to the Ethics Commission a written authorization from each client. The client authorization statement shall be signed by both the contract lobbyist and the client.
If the lobbyist is retained by a client after the date of initial registration, the lobbyist shall file a client authorization statement before providing any lobbyist services to the client, and before receiving any economic consideration from the client in exchange for such lobbyist services, and in any event no later than 15 days after being retained by the client. The lobbyist is not required to amend previously filed registration, reregistration or quarterly reports to include a client who retains the services of the lobbyist after the time the report was filed.
If the lobbyist is retained by a client after the date of initial registration, the lobbyist may submit a copy of the client authorization statement by facsimile machine. The client authorization statement shall be deemed to be timely filed only if the facsimile copy is received no later than the filing deadline, and within 15 days of the filing deadline the original document is received by the Ethics Commission, and the original document is identical in all respects to the facsimile copy.
The lobbyist is not required to resubmit client authorization statements at the time of reregistration.
(g) CLIENT TERMINATION STATEMENTS. Within 15 days after a client terminates the services of a contract lobbyist, the lobbyist shall submit to the Ethics Commission a statement that the client has terminated the services of the lobbyist. The client termination statement shall be signed by the contract lobbyist. A contract lobbyist may not provide lobbyist services to a client after a client termination statement is filed, until a new client authorization statement has been filed pursuant to Subsection (f) of this Section.
(h) LOBBYIST TERMINATION STATEMENTS. Once a person qualifies as a "lobbyist" under this Chapter, the person shall be subject to all registration, reporting and other requirements and prohibitions imposed by this Chapter until the person ceases all lobbyist activity and files a lobbyist termination statement with the Ethics Commission pursuant to this Subsection, regardless of whether the person continues to meet the activity thresholds established in Section 2.105(i). A lobbyist termination statement shall include all information required by Subsection (d) of this Section for the period starting with the first day of the calendar quarter and ending with the date of termination. A lobbyist termination statement shall be filed no later than 30 days after the date the lobbyist ceased all lobbyist activity.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 129-03, File No. 030250, App. 5/30/2003)(Derivation: Former Administrative Code Section 16.522; added by Ord. 40-88, App. 2/18/88; amended by Ord. 386-95, App. 12/14/95; Ord. 390-97, App. 10/17/97; Ord. 19-99, App. 2/19/99; Ord. 129-03, File No. 030250, App. 5/30/2003)
SEC. 2.115. PROHIBITIONS.
(a) GIFT LIMIT. No lobbyist shall make gifts to an officer of the City and County aggregating more than $50 within three months of contacting the officer. No lobbyist shall act as an agent or intermediary in the making of any gift to an officer of the City and County, or arrange for the making of any gift to an officer of the City and County by a third party, within three months of contacting the officer.
(b) 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.
(c) FICTITIOUS PERSONS. No 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.
(d) 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.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.523; added by Ord. 19-99, App. 2/19/99)
SEC. 2.117. LOBBYING BY CAMPAIGN CONSULTANTS.
(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) DISCLOSURE. Each campaign consultant who communicates with any officer of the City and County, or staff person of such officer, 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 shall file a quarterly report with the Ethics Commission containing the following information:
(1) The names, addresses and telephone numbers of each client for whom the campaign consultant provides campaign consulting services during the reporting period and each former client who is an officer of the City and County for whom the campaign consultant provided campaign consulting services during the past 60 months;
(2) The names, addresses and telephone numbers of each person on whose behalf the filer provided lobbyist services during the reporting period;
(3) The total economic consideration promised by or received from each person listed in subsection (2) for lobbyist services during the reporting period;
(4) For each person listed in subsection (2), the local legislative or administrative action the filer was retained to influence, and the outcome sought by the filer;
(5) The name of each officer of the City and County, or staff person of such officer, whom the campaign consultant contacted in seeking to influence a local legislative or administrative action and the number of contacts with each such individual officer or staff person during the reporting period.
(d) 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 consultant 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.
(6) "Staff person" shall be defined by regulation by the Ethics Commission, and shall include any person who works for an elected official and holds a position designated by Article 3, Chapter 1 of the Campaign and Governmental Conduct Code to file financial disclosures pursuant to Disclosure Category 1.
(Added by Ord. 28-04, File No. 031656, App. 2/20/2004; amended by Ord. 239-08, File No. 080162, App. 10/30/2008)
SEC. 2.120. EMPLOYMENT OF CITY AND COUNTY OFFICERS OR EMPLOYEES; APPOINTMENT OF EMPLOYEE TO CITY AND COUNTY OFFICE.
(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) (Derivation: Former Administrative Code Section 16.524; added by Ord. 40-88, App. 2/18/88; amended by Ord. 386-95, App. 12/14/95; Ord. 19-99, App. 2/19/99)
SEC. 2.125. NOTIFICATION OF BENEFICIARIES OF GIFTS.
Each lobbyist shall provide each officer of the City and County who is the beneficiary of a gift made by the lobbyist a written statement including the date, value and description of the gift. The lobbyist shall provide this information to the officer within 30 days following the end of the reporting period in which the gift was made. A lobbyist may satisfy this notification requirement by providing a copy of the lobbyist's quarterly report of lobbyist activity to the officer.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.525; added by Ord. 19-99, App. 2/19/99)
SEC. 2.130. EMPLOYMENT OF UNREGISTERED PERSONS.
It shall be unlawful knowingly to pay any contract lobbyist to contact any officer of the City and County of San Francisco, if said contract lobbyist is required to register under this Chapter and has not done so.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.526; added by Ord. 40-88, App. 2/18/88; amended by Ord. 19-99, App. 2/19/99)
SEC. 2.135. FILING UNDER PENALTY OF PERJURY; RETENTION OF DOCUMENTS.
All information required under this Chapter shall be filed with the Ethics Commission, on forms provided by the Commission. The filer shall verify, under penalty of perjury, the accuracy and completeness of the information provided under this Chapter. The filer shall retain for a period of five years all books, papers and documents necessary to substantiate the registration and disclosure reports required by this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.527; added by Ord. 40-88, App. 2/18/88; amended by Ord. 386-95, App. 12/14/95; Ord. 19-99, App. 2/19/99)
SEC. 2.140. POWERS AND DUTIES OF THE ETHICS COMMISSION.
(a) The Ethics Commission shall provide forms for the reporting of all information required by this Chapter.
(b) The Ethics Commission shall issue a registration number to each registered lobbyist.
(c) At the time of initial registration and reregistration, the Ethics Commission shall provide the lobbyist with a copy of the City's lobbyist law, and any related material which the Commission determines will serve the purposes of this Chapter. Each lobbyist shall sign a statement acknowledging receipt of these materials.
(d) The Ethics Commission shall issue a "Notice of Registration Required" upon the written request of any officer of the City and County. Any person who in good faith and on reasonable grounds believes that compliance with this Chapter is not required by reason of being exempt under Section 2.105(i) shall not be deemed to have violated this Chapter if, within 15 days after notice from the Ethics Commission, that person either complies or furnishes satisfactory evidence to the Ethics Commission evidencing that said person is exempt from registration.
(e) The Ethics Commission shall compile the information provided in registration and quarterly reports filed pursuant to this Chapter as soon as practicable after the close of each quarter and shall forward a report of the compiled information to the Board of Supervisors and the Mayor.
(f) In July of each year, the Ethics Commission shall file a report with the Board of Supervisors on the implementation of this Chapter.
(g) The Ethics Commission shall preserve all original reports, statements, and other records required to be kept or filed under this Chapter for a period of five years. Such reports, statements, and records shall constitute a part of the public records of the Ethics Commission and shall be open to public inspection.
(h) The Ethics Commission shall provide formal and informal advice regarding the duties under this Chapter of a person or entity pursuant to the procedures specified in San Francisco Charter Section C3.699-12.
(i) The Ethics Commission shall have the power to adopt all reasonable and necessary rules and regulations for the implementation of this Chapter pursuant to Charter Section C3.699-9.
(j) The Ethics Commission shall conduct quarterly workshops concerning the laws relating to lobbying.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.528; added by Ord. 40-88, App. 2/18/88; amended by Ord. 386-95, App. 12/14/95; Ord. 19-99, App. 2/19/99)
SEC. 2.145. ADMINISTRATIVE AND CIVIL ENFORCEMENT AND PENALTIES.
(a) If any lobbyist files an original statement or report after any deadline imposed by this Chapter, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, fine the lobbyist $50 per day after the deadline until the statement or report is received by the Ethics Commission. The Ethics Commission may reduce or waive a fine if the Commission determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco.
(b) Any person who believes that the provisions of this Chapter have been violated may file a complaint with the Ethics Commission. Upon receipt of a complaint, or upon its own initiative, the Commission may investigate alleged violations of this Chapter and may enforce the provisions of this Chapter pursuant to Charter Section C3.699-13 and to the Commissioner's rules and regulations adopted pursuant to Charter Section C3.699-9.
(c) Any person or entity which knowingly or negligently violates this Chapter may be liable in a civil action brought by the City Attorney for an amount up to $1,000 per violation, or three times the amount not properly reported, or three times the amount given or received in excess of the gift limit, whichever is greater.
(d) In investigating any alleged violation of this Chapter the Ethics Commission and City Attorney shall have the power to inspect, upon reasonable notice, all documents required to be maintained under this Chapter. This power to inspect documents is in addition to other powers conferred on the Ethics Commission and City Attorney by the Charter or by ordinance, including the power of subpoena.
(e) Should two or more persons be responsible for any violation under this Chapter, they shall be jointly and severally liable.
(f) The City Attorney may also bring an action to revoke for up to one year the registration of any lobbyist who has knowingly violated this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 129-03, File No. 030250, App. 5/30/2003) (Derivation: Former Administrative Code Section 16.529; added by Ord. 40-88, App. 2/18/88; amended by Ord. 399-94, App. 11/23/94; Ord. 386-95, App. 12/14/95; Ord. 390-97, App. 10/17/97; Ord. 19-99, App. 2/19/99; Ord. 129-03, File No. 030250, App. 5/30/2003)
SEC. 2.150. LIMITATION OF ACTIONS.
No administrative or civil action shall be maintained to enforce this Chapter unless brought within four years after the date the cause of action accrued or the date that the facts constituting the cause of action were discovered by the Ethics Commission or City Attorney, whichever is later.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.530; added by Ord. 40-88, App. 2/18/88; amended by Ord. 19-99, App. 2/19/99)
SEC. 2.155. SEVERABILITY.
If any Section, Subsection, subdivision, sentence, clause, phrase or portion of this Chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter or its application to other persons. The Board of Supervisors hereby declares that it would have adopted this Chapter, and each Section, Subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more Sections, Subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, to be declared invalid or unconstitutional.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.531; added by Ord. 40-88, App. 2/18/88; amended by Ord. 19-99, App. 2/19/99)
SEC. 2.160. ELECTRONIC FILING OF STATEMENTS AND REPORTS.
(a) ELECTRONIC FILLING REQUIRED. Whenever lobbyists are required by this Chapter to file an original statement or report, the Ethics Commission may require the lobbyists to file an electronic copy of the statement or report. The electronic copy shall be due no later than the deadline imposed by this Chapter for filing the original statement or report.
(b) POWERS AND DUTIES OF THE ETHICS COMMISSION.
(i) Pursuant to San Francisco Charter Section 15.102, the Ethics Commission shall adopt regulations specifying the electronic filing requirements applicable to campaign lobbyists. The Ethics Commission shall adopt these regulations no fewer than 120 days before the electronic filing requirements are effective.
(ii) The Ethics Commission shall prescribe the format for electronic copies of statements and reports no fewer than 90 days before the statements and reports are due to be filed.
(c) PENALTIES. If any lobbyist files an electronic copy of a statement or report after the deadline imposed by this Section, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, fine the lobbyist $10 per day after the deadline until the electronic copy is received by the Ethics Commission. The Ethics Commission may reduce or waive a fine if the Commission determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco.
(Added by Ord. 222-00, File No. 000741, App. 9/29/2000)
