Each City elective officer who approves a contract that has a value of $100,000 or more in a fiscal year must file Form SFEC-126f4 with the Ethics Commission within five (5) business days of approval. This filing requirement applies if the contract is approved by:
- the City elective officer,
- any board on which the City elective officer serves, or
- the board of any state agency on which an appointee of the City elective officer serves.
Pursuant to San Francisco Campaign and Governmental Conduct Code section 1.126, for a period of twelve months after the contract is approved neither the City elective officer nor any political committee that he or she controls may solicit or accept a campaign contribution from the following persons or entities: the party whose contract was approved; the party’s board of directors; the party’s principle officers, including its chairperson, chief executive officer, chief financial officer, chief operating officer, or any similar position; any person with an ownership interest of more than 10 percent in the party; or any subcontractor listed in the bid or contract. None of these persons may make a campaign contribution to the City elective officer, a candidate for the office held by such officer, or a political committee controlled by such officer or candidate.
City Elective Officer
A City Elective Officer is any of the following: Mayor, member of the Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, member of the Board of Education of the San Francisco Unified School District, or member of the Governing Board of the San Francisco Community College District.
Board of a State Agency
For the purposes of this report, the “board of a state agency” on which an appointee of a City elective officer serves is limited to the following agencies: Health Authority, Housing Authority Commission, Industrial Development Authority Board, Parking Authority, Relocation Appeals Board, and Local Workforce Investment Board.
For the purpose of this section, “contract” means any agreement or contract, including any amendment or modification to an agreement or contract, with the City and County of San Francisco, a state agency on whose board an appointee of a City elective officer serves, the San Francisco Unified School District, or the San Francisco Community College District for:
- the rendition of person services,
- the furnishing of any material, supplies or equipment,
- the sale or lease of any land or building,
- a grant, loan, or loan guarantee, or
- a development agreement
For the purpose of this section, “city contractor” means any person who contracts with, or is seeking a contract with, any department of the City and County of San Francisco, a state agency on whose board an appointee of a City elective officer serves, the San Francisco Unified School District, or the San Francisco Community College District, when the total anticipated or actual value of the contract(s) that the person is party to, or seeks to become party to, with any such entity within a fiscal year equals or exceeds $100,000.
Who Must File
The City elective officer who approved the contract, whose board approved the contract, or who has an appointee on the board of a state agency that approved the contract, is generally responsible for filing Form SFEC-126f4.
However, the City elective officer is not required to file the form if the clerk or secretary of the board on which the officer or appointee serves has filed the form on behalf of the board.
When to File
Form SFEC-126f4 is required to be filed within the Ethics Commission within 5 business days of the approval of a contract that has a total anticipated or actual value of $100,000 or more, or a combination or series of such contracts, amendments or modifications approved by the same City elective officer or board that has a cumulative value of $100,000 or more in a fiscal year.
How to File
Form SFEC-126f4 must be filed electronically through the City and County of San Francisco’s DocuSign system, which may be initiated at the bottom of this page. The DocuSign filing process involves two key steps – completing the form and signing the form – which may involve between one to five participants. The form allows a City staff member to initiate and complete the form electronically, optionally route it to up to three additional staff assisting with the completion of the form, and then send it to an elected officer or board secretary or clerk for his/her signature. The person completing the form may need to obtain information about the contract from multiple internal and external parties, including the elected official/clerk of the board and support staff, contracting department, and contractor.
After the form is completed, an email will automatically be sent to the signer with instructions for his/her signature. The signer can then electronically sign the form in DocuSign by following the instructions in the email. An elected officer or board secretary or clerk may complete and sign the form without the assistance of a staff member by entering his/her information in the fields below as the person completing and signing the form.
Click here to preview a form illustrating the information required to be disclosed. (Please note that this form is for viewing purposes only and that the electronic link shown below must be used to file the required information.)