An individual or organization must file Form SFEC-3630 if it receives a behested payment, or series of behested payments in a single calendar year, of $100,000 or more that was made at the behest of a City officer. Form SFEC-3.630 must be filed within 30 days following the date on which the payments received total $100,000 or more. For example, if the behested payments received total $100,000 on June 12, 2019, you must submit file this form on July 12, 2019. You must notify the Ethics Commission that the recipient has received such payment(s) and specify the date on which the payment(s) equaled or exceeded $100,000.
Additionally, if you filed this report to notify the Ethics Commission that you received behested payments totaling $100,000 or more, you must file this form again between 12 and 13 months following the date on which the payment(s) or payments totaled $100,000 or more and submit Schedule A. For example, if your behested payments total $100,000 on June 12, 2019, you must submit Schedule A between June 12, 2020 and July 12, 2020. Filers must disclose all payments made that were funded in whole or in part by the behested payment(s) made at the behest of the City officer and if the person was an “interested party” in any City decision(s) involving the officer in the 12 months following the date on which the payment(s) were made.
Under City law, these recipient filing requirements apply to recipients of payments behested by elected officials and board and commission members only. Mayoral Executive Directive 20-02 does not apply a recipient filing requirement for payments behested and reported by Department Heads, therefore a recipient is not required to file a Form 3630 for payments behested by a Department Head.
“At the behest of” means under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of. However, a contribution is not made at the behest of a public official if the official requested the contribution via television, radio, billboard, a public message on an online platform, the distribution of 200 or more identical pieces of printed material, the distribution of a single email to 200 or more recipients, or a speech to a group of 20 or more individuals.
An “interested party” is a person who is a party, participant or agent of a party or participant to certain types of proceedings before the official in question. Those proceedings are limited to administrative enforcement proceedings and proceedings regarding permits, licenses, or other entitlements for use. A party to such a proceeding is someone who files an application for a license, permit, or entitlement for use or is the subject of the administrative enforcement. A participant in such a proceeding is someone who is not a party to the proceeding but who actively supports or opposes a particular decision in the proceeding and has a financial interest in the decision. An agent is someone who represents a party or a participant in such a proceeding.
A “payment” is a monetary payment or delivery of goods or services.
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