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Lobbyist Ordinance (2010)

CHAPTER 1: REGULATION OF LOBBYISTS

(amendments operative January 1, 2010)

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. 2.116. Lobbyist Training.
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. 2.130. 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. 2.100. 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 reasonable registration and disclosure requirements to reveal information about lobbyists' efforts to influence decision-making regarding local legislative and 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 compelling 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; Ord. 235-09, File No. 090833, App. 11/10/2009) (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 honoraria, consulting fees, salaries, and any other thing of value totaling more than $25 in value in a consecutive three-month period, but do not include political contributions.
(b) "Candidate" shall have the same meaning as set forth in Section 1.104 of this Code.
(c) "Client" means the person for whom benefit lobbyist services are performed by a lobbyist.
(d) "Contact" means communication, oral or written, including communication made through an agent, associate or employee, for the purpose of influencing local legislative or administrative action.
(1) The following activities are not "contacts" within the meaning of this Chapter.
(A) 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;
(B) 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;
(C) A person performing a duty or service that can be performed only by an attorney, an architect, or a professional engineer licensed to practice in the State of California, 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.;
(D) 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;
(E) 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;
(F) A person providing oral or written information pursuant to a subpoena, or otherwise compelled by law or regulation;
(G) 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;
(H) A person submitting a written petition for local legislative or administrative action, provided that the petition is a public record available for public review;
(I) 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;
(J) 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;
(K) A person providing purely technical data, analysis, or expertise in the presence of a registered lobbyist;
(L) 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;
(M) 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;
(N) 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;
(O) A person negotiating the terms of a contract after being selected to enter into a contract with the City and County through a competitive bidding process, or as otherwise permitted under the Administrative Code;
(P) A person appearing as a party or a representative of a party in an administrative adjudicatory proceeding before a City agency or department; and
(Q) 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.
(2) The following activities are not "contacts" for the purpose of determining whether a person qualifies as a "lobbyist," but are "contacts" for purpose of disclosures required by this Chapter:
(A) 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;
(B) A person making an oral or written request for the status of an action; and
(C) 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.
(e) "Economic consideration" means any payments, fees, reimbursement for expenses, gifts, or anything else of value, provided that "economic consideration" does not include salary, wages or benefits furnished by a federal, state or local government agency.
(f) "Gift" shall be defined as set forth in the Political Reform Act, Government Code Section 81000 et seq., and the regulations adopted thereunder.
(g) "Lobbyist" means any individual who:
(1) receives or is promised economic consideration of $3,000 or more within three consecutive calendar months for lobbyist services; and
(2) on behalf of the persons providing the economic consideration, makes any contact with an officer of the City and County.
(h) "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.
(i) "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, entitlement to use or contract.
(j) "Measure" shall have the same meaning as set forth in Section 1.104 of this Code.
(k) "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, (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.
(l) "Person" means an individual, partnership, corporation, association, firm, labor union or other organization or entity, however organized.
(m) "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; Ord. 235-09, File No. 090833, App. 11/10/2009) (Derivation: Former Administrative Code Section 16.521; added by Ord. 19-99, App. 2/19/99)

SEC. 2.110. REGISTRATION AND DISCLOSURES; FEES; TERMINATION OF REGISTRATION.

(a) REGISTRATION OF LOBBYISTS REQUIRED. Lobbyists shall register with the Ethics Commission and comply with the disclosure requirements imposed by this Chapter. Such registration shall occur no later than five business days of qualifying as a lobbyist, but the lobbyist shall register prior to making any additional contacts with an officer of the City and County of San Francisco.
(b) REGISTRATION. At the time of initial registration each lobbyist shall report to the Ethics Commission the following information:
(1) The name, business address, e-mail address, and business telephone number of the lobbyist;
(2) The name, business address, and business telephone number of each client for whom the lobbyist is performing lobbyist services;
(3) The name, business address, and business telephone number of the lobbyist's employer, firm or business affiliation; and
(4) Any other information required by the Ethics Commission 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) 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;
(2) The name of each officer of the City and County of San Francisco with whom the lobbyist made a contact during the reporting period;
(3) The date on which each contact was made;
(4) 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;
(5) The client on whose behalf each contact was made;
(6) The amount of economic consideration received or expected by the lobbyist or the lobbyist's employer from each client during the reporting period;
(7) All activity expenses incurred by the lobbyist 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 lobbyist is required to report a salary of an individual pursuant to this Subsection, the filer 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.
(28) All political 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 ballot measure to be voted on only in San Francisco. This report shall include such political contributions arranged by the lobbyist, or for which the lobbyist acted as an agent or intermediary.
The following information regarding each political contribution shall be submitted to the Ethics Commission:
(A) The amount of the contribution;
(B) The name of the contributor;
(C) The date on which the contribution was made;
(D) The contributor's occupation;
(E) The contributor's employer, or if self-employed, the name of the contributor's business; and
(F) The committee to which the contribution was made.
(9) For each contact at which a person providing purely technical data, analysis, or expertise was present, as described in section 2.105(d)(1)(K), the name, address, employer and area of expertise of the person providing the data, analysis or expertise.
(10) Any amendments to the lobbyist's registration information required by subsection (b).
(11) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.
(d) REGISTRATION AND FILING OF DISCLOSURES BY ORGANIZATIONS. The Ethics Commission is authorized to establish procedures to permit the registration and filing of lobbyist disclosures by a business, firm, or organization on behalf of the individual lobbyists employed by those businesses, firms, or organizations.
(e) 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)(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)

SEC. 2.115. PROHIBITIONS.

(a) GIFT LIMIT. No lobbyist shall make gifts to an officer of the City and County that have a fair market value of more than $25, except for those gifts that would qualify for one of the exemptions under section 3.216(b) of this Code and its implementing regulations.
(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; Ord. 235-09, File No. 090833, App. 11/10/2009) (Derivation: Former Administrative Code Section 16.523; added by Ord. 19-99, App. 2/19/99)

SEC. 2.116. LOBBYIST TRAINING.

Each lobbyist must complete a lobbyist training session offered by the Ethics Commission within one year of the lobbyist's initial registration. Thereafter, lobbyists shall attend additional training sessions as required by the Executive Director, at his or her discretion.
(Added by Ord. 235-09, File No. 090833, App. 11/10/2009)

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) 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)

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.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; deleted by Ord. 235-09, File No. 090833, App. 11/10/2009) (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 lobbyist to contact any officer of the City and County of San Francisco, if said lobbyist is required to register under this Chapter and has not done so by the deadlines imp0osed in this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; Ord. 235-09, File No. 090833, App. 11/10/2009) (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 submitted to the Ethics Commission, in the format designated by the Commission. The lobbyist shall verify, under penalty of perjury, the accuracy and completeness of the information provided under this Chapter. The lobbyist 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; Ord. 235-09, File No. 090833, App. 11/10/2009) (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 prescribe the format for the submission of all information required by this Chapter.
(b) Upon request by the Board of Supervisors or the Mayor, the Ethics Commission shall compile the information submitted pursuant to this Chapter and forward a report of the compiled information to the Board of Supervisors and the Mayor within thirty days of receipt of the request.
(c) Upon request by the Board of Supervisors or the Mayor, the Ethics Commission shall file a report with the Board of Supervisors and the Mayor on the implementation of this Chapter within thirty days of receipt of the request.
(d) 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.
(e) 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.
(f) 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 15.102.
(g) 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; Ord. 235-09, File No. 090833, App. 11/10/2009) (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 fails to submit any information required by this Chapter after any applicable deadline, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, impose a late filing fee of $50 per day after the deadline until the information is received by the Ethics Commission. The Executive Director of the Ethics Commission may reduce or waive a late filing fee if the Executive Director Commission determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. If such reduction or waiver equals or exceeds $500, the Executive Director shall notify the Commission of his or her determination. Thereafter, any two or more members of the Commission may cause the reduction or waiver to be calendared for consideration by the full Commission in open session at the next Commission meeting occurring no sooner than ten days from the date the Executive Director informs the Commission of the Executive Director's recommendation. A Commissioner's request that a reduction or waiver be calendared must be received by the Executive Director no fewer than five days prior to the date of the meeting, so that the Executive Director may comply with the applicable notice and agenda requirements. 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 knowingly or negligently violates this Chapter, including but not limited to, by providing inaccurate or incomplete information regarding lobbying activities, may be liable in an administrative proceeding before the Ethics Commission pursuant to Charter section C3.699-13. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters regarding potential violations of this Chapter.
(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 $5,000 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, 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 may be jointly and severally liable. If a business, firm or organization registers or files lobbyist disclosures on behalf of its employees pursuant to section 2.110(d), the business, firm or organization may be held jointly and severally liable for any failure to disclose its employees' lobbying activities.
(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; Ord. 235-09, File No. 090833, App. 11/10/2009) (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.

(a) No civil action shall be brought 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 City Attorney. For the purpose of this subsection, a civil action is brought when the City Attorney files the action in a court of law.
(b) No administrative action alleging a violation of this Chapter and brought under Charter section C3.699-13 shall be brought more than four years after the date of events which form the basis of the complaint, or the date that the events constituting the basis of the complaint were discovered by the Ethics Commission. For the purpose of this subsection, a complaint is brought by the Executive Director of the Ethics Commission upon the date of service of the probable cause report.
(c) A civil action brought to enforce or collect penalties or late filing fees imposed under this Chapter shall be brought within four years after the date on which the penalty or late filing fee was imposed. For purposes of this subsection, a penalty or late filing fee is imposed when the Ethics Commission has issued a final decision in an enforcement action imposing a penalty for a violation of this Chapter or the Ethics Commission or Executive Director has made a final determination regarding the amount of a late filing fee imposed under this Chapter. The Ethics Commission or Executive Director does not make a final determination regarding the amount of a late filing fee imposed under this Chapter until the Ethics Commission or Executive Director has made a determination to accept or refuse any request to waive a late filing fee where such waiver has been timely requested and is expressly authorized by statute, ordinance, or regulation. For the purpose of this subsection, a civil action is brought when the City Attorney files the action in a court of law.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; Ord. 235-09, File No. 090833, App. 11/10/2009) (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.

(Added by Ord. 222-00, File No. 000741, App. 9/29/2000; deleted by Ord. 235-09, File No. 090833, App. 11/10/2009)

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