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Behested Payment Filings by Elected Officials, Board and Commission Members, and Department Heads

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Please Note: Effective January 23, 2022, San Francisco City law bans certain officials, including elected officials, from soliciting any behested payments from persons defined in the law as an “interested party.” For more information click here. San Francisco elected officials who solicit behested payments from a person who is not an “interested party” under local law must continue to comply with applicable State disclosure requirements described below.
Important: The City’s new law does not change existing disclosure requirements for elected officials under California State law that apply to behested payments they solicit from persons who are not defined as an “interested party.” State law continues to require elected officials report all behested payments of $5,000 or more made at their behest. Such payments are reported to the official’s agency on the State Form 803. For more information about this requirement, click here.

 

Prior to January 23, 2022, San Francisco Campaign and Governmental Conduct Code section 3.610 required City elective officers and members of certain boards and commissions to file behested payment reports (Form SFEC-3610(b)) with the Ethics Commission. Beginning September 24, 2020 through December 22, 2022, Mayoral Executive Directive 20-02 required Department Heads to file behested payment Form SFEC-3610(b) and to comply with the City’s behested payment requirements that apply to City elected officials and members of boards and commissions that are contained in Article III, Chapter 6 of the Campaign and Governmental Conduct Code.

An officer was required to file Form SFEC-3610(b) any time a behested payment of $1,000 or more is made at his or her behest by an interested party. 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.

The filing deadline for Form SFEC-3610(b) depended on the circumstances under which the behested payment was made.

If the behested payment was made while the proceeding involving the interested party is pending before the official, then the form must be filed within thirty days of the payment being made. If there is a series of behested payments, the form is due within 30 days of the payment that makes the total $1,000 or more.

If the behested payment was made within six months following the date on which a final decision was made in the proceeding involving the interested party, then the form must be filed within thirty days of the payment. If there is a series of behested payments, the form is due within 30 days of the payment that makes the total $1,000 or more.

Finally, if the behested payment was made in the 12 months prior to the commencement of the proceeding involving the interested party, the form is due within 30 days of the date the official knew or should have known that the source of the behested payment became an interested party.

View SFEC Form 3610b Filings by Elected Officials, Board and Commission Members, and Department Heads

January 2019 to Present

SFEC Form 3610b filings are accessible via SF Open Data:

SFEC Form 3610b Filings

This dataset includes the contents of each filing that can be exported to a variety of data formats. The dataset also includes a link to a PDF copy of the filing.

SFEC Form 3610b Payors Subtable

This dataset includes a parsed sub-table of payors reported on a SFEC Form 3610b filing. The dataset can be joined with the above filings dataset to research payors included on a filing.

SFEC Form 3610b Reportable Interest with Payee Subtable

This dataset includes a parsed sub-table of reportable interest with payee on a SFEC Form 3610b filing. The dataset can be joined with the above filings dataset to research payors included on a filing.

SFEC Form 3610b Communications Featuring the Officer Subtable

This dataset includes a parsed sub-table of communications featuring the officer reported on a SFEC Form 3610b filing. The dataset can be joined with the above filings dataset to research payors included on a filing.

Archived SFEC Form 3600 Filings by Board and Commission Members

January 2018 to December 2018

SFEC Form 3600 was filed electronically and only pertained to Board and Commission Members. As of January 1, 2019, SFEC Form 3600 has been superseded by SFEC Form 3610b. The data on filed forms is posted to the San Francisco Open Data System.

  • Board And Commission Member Behested Payment Filings and Dataset – This dataset includes the contents of each filing that can be exported to a variety of data formats. The dataset also includes a link to a PDF copy of the filing.
    • Payors Dataset – This dataset includes a parsed sub-table of payors reported on an SFEC Form 3600 filing. The dataset can be joined with the above filings dataset to research payors included on a filing.

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