Each City elective officer who approves a contract that has a value of $50,000 or more in a fiscal year must file the SFEC Form 126 with the Ethics Commission within five 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.
As per San Francisco Campaign and Governmental Conduct Code section 1.126, for a period of six 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 chairperson, chief executive officer, chief financial officer, or chief operating officer; any person with an ownership interest of more than 20 percent in the party; any subcontractor listed in the bid or contract; or any political committee sponsored or controlled by the contracting party. Nor may any of these persons 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.
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 the SFEC Form 126.
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.
Who is a 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.
What is a “board of a state agency” that is covered by this filing requirement?
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.
Is SFEC Form 126 required for all contracts?
No. SFEC Form 126 is required if the contract has a total anticipated or actual value of $50,000 or more, or a combination or series of such contracts, amendments or modifications approved by the same City elective officer or board has a value of $50,000 or more in a fiscal year.
File SFEC Form 126 via email or personal delivery to the Ethics Commission.
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