San Francisco Ethics Commission

Courtesy Notice - May 11, 2012 - Regarding the May 24, 2012 Second Pre-Election Deadline, General Purpose Committees that make contributions or expenditures totaling $500 or more during a Pre-Election period, Independent Expenditures, and Late Reports

Fri, 11 May 2012 14:59:55 -0700

Date: May 11, 2012

To:

General Purpose committees
Candidates, Primarily Formed Candidate and Ballot Measure committees for the June
5, 2012 election

From: John St. Croix, Executive Director

Re:

Courtesy Notice regarding the May 24, 2012 Second Pre-Election Filing Deadline
General Purpose Committees that make contributions or any expenditures totaling
$500 or more during a Pre-Election period
Independent Expenditures regarding San Francisco ballots measures and candidates
Late Reporting Period (May 20, 2012 through June 4 2012) Filing Obligations

Please review this memorandum carefully. It contains important information about your campaign disclosure filing obligations. If you have questions on any of the items discussed below, please call our office at 415-252-3100 during normal business hours from 8 a.m. to 5 p.m.

1. Courtesy notice regarding the May 24, 2012 filing deadline

A. Who needs to file?

All committees controlled by candidates for San Francisco county central committees voted upon in the June 5, 2012 election¹; and
All candidates for San Francisco county central committees without committees being voted upon in the June 5, 2012 election. (These filers file a Form 470 covering the calendar year and need not file if they have already filed a 470 for the current election and year.);
All committees primarily formed to support or oppose local candidates or ballot measures being voted upon in the June 5, 2012 election; and
General purpose committees who make $500 or more in contributions or any expenditures during the pre-election period.

B. What is the period covered by the Statement?

The second pre-election statement covers the period between: either (a) the day after the closing date of the previous statement filed through May 19, 2012; or (b) if no statement was filed in 2012, January 1, 2012 through May 19, 2012.²

C. What form do you need to file?

Depending on the filer, a Form 460 (Recipient Committee Campaign Statement), Form 450 (Recipient Committee Campaign Statement – Short Form) or Form 470 (Officeholder and Candidate Campaign Statement – Short Form) must be filed. Candidates with committees must use Form 460. As discussed above, candidates without committees file Form 470. Ballot measure committees use Form 460 (Form 450 is used only when the committee has not received $100 or more from any person nor has it paid $100 or more to any person during the period covered by the campaign statement).

The Commission requires an original and one copy of each statement dated and signed by the treasurer and candidate.

D. Do you need to file electronically in addition to your paper filing?

Committees that receive $5,000 or more in contributions or that make $5,000 or more in expenditures in a calendar year must file campaign finance statements electronically (i.e., Form 460) in addition to submitting paper forms. Recipient committees who previously filed electronic campaign statements must continue to file electronically. Controlled committees formed for county central committee elections are not required to file electronically.

E. What is the fee for the late filing of paper and/or electronic reports?

Filing deadlines will be strictly enforced. Late filings are subject to a $10-per day late fee for paper reports and, if applicable, an additional $25-per day late fee for electronic reports.

2. General Purpose Committees that make contributions or any expenditures totaling $500 or more during a Pre-Election period

Under local law, all San Francisco general purpose committees, which include Independent Expenditure and Major Donor Committees, must file pre-election statements before any election held in the City and County of San Francisco at which a candidate for City elective office or City measure is on the ballot, if the committee makes contributions or expenditures totaling $500 or more during the period covered by the pre-election statement. Any expenditure, including expenditures for overhead costs, counts toward the $500 threshold when determining whether a pre-election filing is due.

3. Independent Expenditures regarding San Francisco ballot measures and candidates

An independent expenditure is an expenditure that advocates the election or defeat of a candidate or the qualification, passage or defeat of a measure but is not made to or at the behest of the affected candidate or ballot measure committee.

Committees that make independent expenditures regarding a San Francisco ballot measure or candidate may have additional filing obligations with the Ethics Commission. An independent expenditure of $1,000 or more for or against a measure or candidate during any pre-election, semi-annual, quarterly or signature-gathering period requires the filing of Form 465 Supplemental Independent Expenditure Report. If your committee makes independent expenditures of $1,000 or more for a single measure or candidate during the pre-election period ending May 19, 2012, you must file Form 465 no later than May 24, 2012. If you are an electronic filer, you must also file Form 465 in electronic format.

4. Late Reporting Period (May 20, 2012 through June 4, 2012) Filing Obligations

The 16-day period immediately preceding an election is called the Late Reporting Period. For the June 5, 2012 election, the Late Period covers from May 20 through June 4, 2012. During the period, you may be required to file additional reports, as described below.

Form 497: Form 497 is used to report contributions totaling $1,000 or more from a single source during the Late Reporting Period when the contributions are made to or received by candidates, controlled committees and committees primarily formed to support or oppose a candidate(s) or measure(s). Both the candidate or primarily formed committee receiving the contribution, as well as the committee making the contribution, must file Form 497³. File Form 497 within 24 hours of receiving or making a late monetary contribution or loan or making an in-kind contribution. Those who receive an in-kind contribution must file Form 497 within 48 hours of the date the contribution was received. If you are an electronic filer, you must also file Form 497 in electronic format.

Form 496: File Form 496 within 24 hours of making independent expenditure(s) that total $1,000 or more to support or oppose a single candidate or ballot measure. If you are supporting or opposing a candidate or measure in San Francisco, you must file Form 496 with the San Francisco Ethics Commission. If you are an electronic filer, you must also file Form 496 in electronic format.

S:\CAMPAIGN\2012\5.24.2012\Template.doc

¹When a candidate or officeholder controls more than one committee for the purpose of election to office, all committees of that candidate or officeholder must file pre-election statements each time any committee statement is due (see Cal. Code Regulation Section §18405).

² Candidates without committees file Form 470. The period covered by a Form 470 is the calendar year (i.e., 1/1/12-12/31/12).

³ As a reminder, candidate committees that receive contributions or loans of a $1,000 or more from the controlling candidate must also file a Form 497.

April 27, 2012 - Lobbyist Electronic Filing System Maintenance Notice (Changed)

Thu, 26 Apr 2012 10:00:00 -0700

The Lobbyist Electronic Filing System will be down for maintenance from 5:00 pm, April 27, 2012 to 10:00 am, April 28, 2012. We apologize for the inconvenience.

Press Release - April 24, 2012 - Summary of Actions Taken at April 23, 2012 Meeting

Tue, 24 Apr 2012 16:31:45 -0700

Contact:
John St. Croix
(415) 252-3100

For release: April 24, 2012

SUMMARY OF ACTIONS TAKEN AT APRIL 23, 2012 MEETING

At its special meeting on April 23, 2012 regarding procedural issues on the charges of official misconduct pending against Sheriff Ross Mirkarimi, the San Francisco Ethics Commission took the following actions:

After receiving comments from attorneys representing the Mayor and the Sheriff, plus comments from members of the public, approved the following issues for briefing from the parties:
- What is the applicable standard of proof?
- On what type of evidence may the Commission rely?
- Can the Sheriff engage in official misconduct subjecting him to removal from office prior to the time that he held that office?
- Does “official misconduct” under the Charter require that the alleged misconduct relate to the Sheriff’s duties?
  - If so, does the conduct alleged relate to Mr. Mirkarimi’s duties as Sheriff?
- Is the Sheriff’s guilty plea to the misdemeanor charge of false imprisonment sufficient to sustain a finding of official misconduct?
- Must the Ethics Commission act unanimously relating to this matter?
- Even if all the charges alleged against the Sheriff are true, should the Commission dismiss the matter because the charges do not constitute official misconduct?

The Commission approved the following briefing schedule:

Due Date	Item
April 30, 2012	Mayor to provide: memo on legal issues identified above and response to the Sheriff’s letter brief of April 23, 2012; list of fact witnesses to be relied upon by the Mayor along with summary of testimony expected from each witness and whether Mayor seeks to have witness testify live or via declaration Mayor should also address in the memo or in a separate letter brief the following issue raised by the Sheriff: Is the Sheriff required by law to comply with the Mayor or City Attorney’s investigation into the matter, and what role, if any, does the Ethics Commission have relating to that investigation?
May 7, 2012	Mayor to disclose expert or subject matter witnesses to be relied upon by the Mayor along with summary of testimony expected from each witness and whether Mayor seeks to have witness testify live or via declaration Sheriff to provide: memo on legal issues identified above and any bases for a demurrer or motion to dismiss
May 10, 2012	Sheriff to provide: list of fact witnesses to be relied upon by the Sheriff along with summary of testimony expected from each witness and whether the Sheriff seeks to have witness testify live or via declaration
May 17, 2012	Sheriff to provide: list of expert or subject matter witnesses to be relied upon by the Sheriff along with summary of testimony expected from each witness and whether the Sheriff seeks to have witness testify live or via declaration. Mayor to provide: reply to the Sheriff’s memo on legal issues
May 25, 2012	Both parties to provide stipulated facts and identify rebuttal witnesses along with summary of testimony expected from each rebuttal witness and whether the Mayor or Sheriff seeks to have witness testify live or via declaration
May 29, 2012	Ethics Commission meeting where the Commission will determine if further legal arguments or testimony is required and if so, when and in what form. Both parties should be prepared to discuss factual stipulations and the availability of witnesses as well as objections to witnesses

The Commission also took the following action:

Agreed that the length of the opening and opposition briefs will be limited 35 pages, double-spaced, 12 point font; the reply brief will be limited to 10 pages.
Agreed that service will be by email only, to the parties, Scott Emblidge, John St. Croix, and Mabel Ng.
By a vote of 5-0, delegated authority to the Chair to modify the schedule as needed.

The Commission’s next scheduled meeting will be held on Tuesday, May 29, 2012, at 5:30 p.m. in Room 400 City Hall.

The Ethics Commission, established in November 1993, serves the public, City employees and officials and candidates for public office through education and enforcement of ethics laws. Its duties include: filing and auditing of campaign finance disclosure statements, lobbyist and campaign consultant registration and regulation, administration of the public financing program, whistleblower program, conflict of interest reporting, investigations and enforcement, education and training, advice giving and statistical reporting.

S:\Commission\Meeting Summaries\2012\4.23.12.doc

Documents relating to official misconduct charges against Sheriff Ross Mirkarimi

Tue, 24 Apr 2012 15:56:55 -0700

The next hearing regarding this matter is scheduled for Tuesday, May 29, 2012 at 5:30 PM.

These documents are also available for review in the Ethics Commission's office.

Press Release - April 19, 2012 - San Francisco Ethics Commission Releases First Quarter 2012 Report On Campaign Consultant Activity

Thu, 19 Apr 2012 09:00:00 -0700

Contact:
John St. Croix
(415) 252-3100

For release: April 19, 2012

SAN FRANCISCO ETHICS COMMISSION RELEASES FIRST QUARTER 2012 REPORT ON CAMPAIGN CONSULTANT ACTIVITY

Pursuant to San Francisco’s Regulation of Campaign Consultants Ordinance, the San Francisco Ethics Commission has released its summary report of campaign consultant activity for the first quarter of 2012.

The summary report includes information disclosed in the first quarter activity reports, which were due on March 15, 2012, and covered the filing period beginning December 1, 2011 and ending February 29, 2012. Twenty-nine campaign consultants were required to file quarterly reports with the Ethics Commission for this reporting period.

Payments to Campaign Consultants. For the first quarter of 2012, active campaign consultants reported receiving $102,990 in payments from their clients. Of this amount, Jordan Curley reported receiving the highest total in payments, $20,000.

Political Contributions Made by Campaign Consultants. Political contributions by registered campaign consultants during the first quarter of 2012 totaled $1,500. Three consultants, Hsieh & Associates, Stearns Consulting, and Storefront Political Media, reported contributing the highest amount, $500 each.

The Commission reported that the level of campaign consultant activity has fluctuated since the first filing in June 1998 (the second quarter of 1998). Commission staff compiled data pertaining to campaign consultant activity since the implementation of the Ordinance as follows:

Quarter	Number of Consultants	Total Payments Promised	Total Payments Received	Total Contributions Made
First Quarter 2007	14	$115,761	$135,720	$1,200
Second Quarter 2007	16	$227,514	$163,333	$41,000
Third Quarter 2007	19	$479,895	$414,496	$69,137
Fourth Quarter 2007	19	$1,262,553	$1,324,139	$35,875
First Quarter 2008	21	$ 622,255	$830,920	$92,950
Second Quarter 2008	27	$718,486	$1,011,559	$3,750
Third Quarter 2008	40	$862,640	$811,954	$4,843
Fourth Quarter 2008	41	$1,985,420	$3,978,592	$4,830
First Quarter 2009	21	$490,230	$451,730	$1,560
Second Quarter 2009	20	$429,076	$447,804	$3,545
Third Quarter 2009	25	$519,855	$562,206	$2,250
Fourth Quarter 2009	27	$874,076	$880,721	$500
First Quarter 2010	26	$273,847	$348,578	$100
Second Quarter 2010	30	$449,666	$666,692	$3,900
Third Quarter 2010	41	$593,564	$635,782	$3,118
Fourth Quarter 2010	47	$1,575,846	$2,766,813	$1,600
First Quarter 2011	30	$228,264	$400,226	$2,100
Second Quarter 2011	29	$475,807	$399,184	$270
Third Quarter 2011	48	$757,556	$738,202	$1,950
Fourth Quarter 2011	64	$3,502,429	$3,757,950	$3,551
First Quarter 2012	29	$87,739	$102,990	$1,500

The Regulation of Campaign Consultants Ordinance (“Ordinance”), San Francisco Campaign and Governmental Conduct Code, Article I, Chapter 5, Sections 1.500 - 1.540, was approved by San Francisco voters in November 1997. The Ordinance requires persons who earn $1,000 or more per year for campaign consultant services to register with the Ethics Commission and file quarterly activity reports.

The reports include the following information: payments promised by or received from clients of campaign consultants, political contributions made by campaign consultants to local candidates and local ballot measure committees, gifts made by campaign consultants to local candidates, payments promised by or received from vendors or sub-vendors, employment by campaign consultants of local officeholders and City employees, and City contracts obtained by campaign consultants during a reporting period and appointment of campaign consultants to public office.

The registration and quarterly activity reports filed by campaign consultants are available for viewing at the Ethics Commission office, 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102. The telephone number is (415) 252-3100. The Campaign Consultant Summary Report is also available at the Commission office and will be available on the Internet by accessing the Commission’s web site: www.sfethics.org.

The Ethics Commission was established through voter approval of a Charter Amendment in November 1993. The Commission serves the public, City employees and officials, and candidates for public office through education and enforcement of ethics laws. It also provides open access to public records in ethics-related matters. Its duties include: filing and auditing of campaign finance disclosure statements, campaign consultant and lobbyist registration and regulation, administration of the limited public finance and Whistleblower programs, conflict of interest reporting, investigations and enforcement, education and training, providing advice and conducting statistical reporting.

# # #

Official Misconduct Hearing

Tue, 17 Apr 2012 14:09:20 -0700

The Ethics Commission will convene a hearing on the Written Charges of Official Misconduct in the Matter of Ross Mirkarimi, Sheriff, City and County of San Francisco, on Monday, April 23, 2012, at 4:30 PM in Room 400 City Hall. The agenda will be available shortly.

Press Release - March 27, 2012 - Summary of Actions Taken at March 26, 2012 Meeting

Tue, 27 Mar 2012 14:12:40 -0700

Contact:
John St. Croix
(415) 252-3100

For release: March 27, 2012

SUMMARY OF ACTIONS TAKEN AT MARCH 26, 2012 MEETING

At its regular meeting on March 26, 2012, the San Francisco Ethics Commission took the following actions:

Finally approved, by a vote of 3-0, amendments to the Statement of Incompatible Activities (SIA) for the San Francisco Public Library and Commission.

Randomly selected five committees for audits from a pool of 76 committees active in 2011 elections:

Committee Name	FPPC ID Number
Terry Baum for Mayor 2011	1338669
San Francisco Labor Council Labor & Neighbor PAC	941562
Miyamoto for Sheriff 2011	1338641
Ed Lee for Mayor 2011	1340520
Adachi for Mayor 2011	1340832

Received and discussed staff’s report on the public financing program for the November 2011 election cycle.

The Commission’s next scheduled meeting will be held on Monday, April 23, 2012, at 5:30 p.m. in Room 400 City Hall.

S:\Commission\Meeting Summaries\2012\3.26.12.doc

Year 2011 Committees Randomly Selected for Audit

Tue, 27 Mar 2012 10:23:32 -0700

At its meeting of March 26, 2012, the Ethics Commission randomly selected five committees to be audited. These five committees were selected from a pool of 66 committees that were active in elections during the calendar year 2011. The audit pool of 66 committees was categorized into three levels of financial activity with one committee selected from Financial Activity Level 1 ($10,000 to $50,000), one committee selected from Financial Activity Level 2 (above $50,000 to $100,000) and three committees selected from Financial Activity Level 3 (above $100,000). The five committees that were selected are as follows:

Committee Name	FPPC ID Number
Terry Baum for Mayor 2011	1338669
San Francisco Labor Council Labor & Neighbor PAC	941562
Miyamoto for Sheriff 2011	1338641
Ed Lee for Mayor 2011	1340520
Adachi for Mayor 2011	1340832

S:\AUDIT\2011 Audits\2011 Audit Selection\List of 2011 committees randomly selected for audit.docx

County Central Committee Candidates’ Training for the June 2012 Election

Mon, 26 Mar 2012 09:56:59 -0700

Thursday, April 19, 2012
5:30 PM to 6:30 PM Training
5:15 PM Registration
Room 408, City Hall
(You must R.S.V.P. by 4/13/12)

This training is only for Candidates for County Central Committee seats for the June 2012 Election.

If you are a candidate for the November 2012 Election, do not attend this training. You must attend a different training which will cover all of the filing requirements that apply to you.

When you R.S.V.P. to the Ethics Commission, please provide the names of all the people who will attend, emails, phone numbers, and the office in which the potential candidate is interested.

San Francisco Ethics Commission
25 Van Ness Ave., Suite 220
(415) 252-3100
ethics.commission@sfgov.org

*An R.S.V.P. is required to aid in reducing paper waste so that the correct number of handouts are duplicated for participants. Therefore, if you are planning to attend, you must sign up no later than April 13, 2012.

Please note that the workshop will be cancelled if there is insufficient interest. Therefore, if you wish to attend, please sign up no later than the date mentioned above.

S:\Trainings\CCC Candidates' Trainings\CCC Candidates' Training Flyer 4.19.12.docx

Written Charges of Official Misconduct in the Matter of Charges Against Ross Mirkarimi, Sheriff, City and County of San Francisco

Wed, 21 Mar 2012 15:18:42 -0700

Download Written Charges of Official Misconduct in the Matter of Charges Against Ross Mirkarimi, Sheriff, City and County of San Francisco (PDF Format)