City and County of San Francisco
Ethics Commission

CAMPAIGN CONSULTANT FILING FIRST QUARTER 2005

FIRST QUARTER SUMMARY

December 1, 2004 through February 28, 2005

Emi Gusukuma, Chairperson

John St. Croix, Executive Director

Date Issued: June 23, 2005

Report Prepared By: Richard Mo

 

 

• Introduction

 

In November 1997, San Francisco voters approved the Regulation of Campaign Consultants Ordinance (“Ordinance”), San Francisco Campaign and Governmental Conduct Code Sections 1.500-1.540.  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 first quarter activity reports were due on March 15, 2004 and covered the filing period beginning December 1, 2004 and ending February 28, 2005 . Fifteen out of seventeen registered campaign consultants filed with the Ethics Commission in the first quarter of 2005.

 

• Comparative Data

 

The level of campaign consultant activity has fluctuated since the first filing in June 1998 (the second quarter of 1998).  The chart on the next page compares data compiled pertaining to campaign consultant activity since implementation of the Ordinance.  As indicated, the level of campaign consultant activity generally increases or decreases depending on 1) whether an election is held and 2) the number and type of local items on the ballot. 

 

Quarter	Number of Consultants	Total Payments Promised	Total Payments Received	Total Contributions Made
Second Quarter 1998	24	$1,560,742	$1,432,631	$4,100
Third Quarter 1998	25	$341,745	$379,859	$3,405
Fourth Quarter 1998	30	$638,498	$784,507	$1,975
First Quarter 1999	22	$71,969	$142,355	$550
Second Quarter 1999	28	$201,983	$485,071	$1,500
Third Quarter 1999	34	$395,440	$1,168,597	$4,150
Fourth Quarter 1999	38	$1,343,362	$2,489,276	$3,800
First Quarter 2000	17	$904,891	$1,293,901	$2,750
Second Quarter 2000	17	$169,599	$186,663	$1,275
Third Quarter 2000	20	$293,110	$467,379	$18,900
Fourth Quarter 2000	25	$2,437,695	$2,332,401	$26,348
First Quarter 2001	17	$216,952	$236,785	$800
Second Quarter 2001	15	$6,500	$6,500	$100
Third Quarter 2001	18	$137,751	$58,560	$5,550
Fourth Quarter 2001	23	$640,589	$690,272	$12,825
First Quarter 2002	22	$242,752	$259,357	$1,100
Second Quarter 2002	23	$121,413	$311,663	$2,100
Third Quarter 2002	40	$320, 373	$345,325	$2,200
Fourth Quarter 2002	50	$3,002,128	$3,243,997	$8,003
First Quarter 2003	42	$368,102	$331,328	$3,850
Second Quarter 2003	51	$486,555	$530,434	$3,250
Third Quarter 2003	64	$618,346	$749,332	$2,805
Fourth Quarter 2003	64	$1,112,506	$1,367,183	$10,125
First Quarter 2004	36	$352,837	$243,578	$1,600
Second Quarter 2004	29	$180,947	$136,950	$1,650
Third Quarter 2004	45	$461,739	$405,991	$11,050
Fourth Quarter 2004	45	$620,070	$943,214	$4,786
First Quarter 2005	17	$78,578	$29,762	$1,750

 

 

 

III.             The Campaign Consultant Ordinance

 

The Ordinance defines “campaign consultant” as a person or entity that receives or is promised $1,000 or more in a calendar year for providing either of the following services:

 

“Campaign Management,” defined as conducting, coordinating or supervising a campaign to elect, defeat, retain or recall a local candidate, or to adopt or defeat a local ballot measure, including but not limited to:

 

1. Hiring or authorizing the hiring of campaign staff and consultants; or
2. Spending or authorizing the expenditure of campaign funds; or
3. Directing, supervising or conducting the solicitation of campaign contributions; or
4. Selecting or recommending vendors or subvendors of goods or services for the campaign.

 

OR

 

“Campaign Strategy,” defined as planning for the election, defeat, retention or recall of a local candidate, or for the adoption or defeat of a local ballot measure, including not but limited to:

 

1. Producing or authorizing the production of campaign literature and print and broadcast advertising; or
2. Seeking endorsements of organizations or individuals; or
3. Seeking financing; or
4. Advising on public policy positions.

 

Employees of campaign consultants do not themselves qualify as campaign consultants.  However, persons and entities that subcontract with a campaign consultant to provide campaign consulting services and that receive or are promised $1,000 or more in a calendar year do qualify as campaign consultants.  Similarly, employees of campaigns who engage in campaign management or campaign strategy and are promised or receive $1,000 or more in a calendar year also qualify as campaign consultants.

 

Campaign consultants are required to report only activity associated with local candidates or local ballot measures.  For purposes of the Ordinance, “candidate” means:  (1) a person who has taken affirmative action to seek nomination or election to local office, or (2) a local officeholder who has taken affirmative action to seek nomination or election to any elective office, or (3) a local officeholder who is the subject of a recall election.

 

“Local officeholder” means the following elected officers:  Mayor, Members of the San Francisco Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, Members of the Board of Education of the San Francisco Unified School District , and Members of the Governing Board of the San Francisco Community College District. 

 

“Measure” means a local referendum, or a local ballot measure, whether or not it qualifies for the ballot.

 

The Commission staff has compiled the information filed by campaign consultants for the first quarter of 2005 in the attached tables.  All amounts reported by campaign consultants have been rounded off.

 

• Description of Quarterly Report Tables

 

Table 1:  Total Reported Activity December 1, 2004 – February 28, 2005

 

Table 1 summarizes all reported activity by campaign consultants for the first quarter of 2005.  Filers are listed in alphabetical order.  Also reported are the total payments promised by clients and any political contributions or gifts to officeholders made by the filers.

 

 

Table 1
All Reported Activity
(Listed in Alphabetical Order)
CAMPAIGN CONSULTANT	TOTAL PAYMENTS PROMISED	TOTAL PAYMENTS RECEIVED	POLITICAL CONTRIBUTIONS	GIFTS MADE TO OFFICEHOLDERS
Barnes, Mosher, Whitehurst	$6,705	$1,619	$1,500	$0
Baughman, Duane	No report	No report	No report	No report
Bowman, Christopher	$0	$0	$0	$0
Clarke, Clementine	$3,500	$3,500	$0	$0
Harrell, Clay	$0	$0	$0	$0
Hope Road Consulting, LLC	$18,140	$14,137	$0	$0
Hsieh, Francisco	$0	$0	$0	$0
Hsieh & Associates	No report	No report	No report	No report
Lyons, Nichelle	$0	$0	$0	$0
Malchow, Shclackman & Hoppey, Inc.	$0	$0	$0	$0
Rivaldo, Jim	$0	$0	$0	$0
Schafer, Ellie	$0	$0	$0	$0
Smith, Novella	$0	$4,000	$0	$0
Solem & Associates	$0	$0	$250	$72
Staton & Hughes	$0	$0	$0	$0
Stearns Consulting	$50,233	$6,506	$0	$0
Terris, Barnes and Walters	$0	$0	$0	$0
TOTAL REPORTED ACTIVITY	$78,578	$29,762	$1,750	$72

 

 

 

 

 

 

 

Table 2:  Client Payment Report

 

Filers are required to report “economic consideration” promised by or received from clients in exchange for campaign consulting services during the applicable reporting period.  Economic consideration includes payments, fees, commissions, and reimbursements for expenses, gifts or anything else of value.  Table 2 lists the name of the filer in alphabetical order, the filer’s clients, the services performed for that client, the payment promised by the client in the reporting period, and the payment actually received.  The table also indicates the total payments promised or received by all filers.  The payments promised by all clients to filers during the first quarter totaled $78,578.  The payments received by all filers from clients during the first quarter totaled $29,762.

 

Table 2

Payments to Campaign Consultants

Campaign Consultant	Client(s)	Services Performed	Total Payments Promised	Total Payments Received
Barnes, Mosher, Whitehurst	Jose Cisneros	General management, direct mail & fundraising	$5,000	$0
	Yes on I	General management, direct mail & fundraising	$1,705	$1,619
Baughman, Duane	No report filed	No report filed	No report filed	No report filed
Bowman, Christopher	No reportable activity	No reportable activity	$0	$0
Clarke, Clementine	Fiona Ma	Fundraising	$3,500	$3,500
Harrell, Clay	No reportable activity	No reportable activity	$0	$0
Hope Road Consulting, LLC	Miguel Bustos	General campaign consulting services	$5,000	$1,200
	Norman Yee	General campaign consulting services	$13,140	$12,937
Hsieh, Francisco	Fiona Ma	Fundraising & community outreach	$0	$0
Hsieh & Associates	No report filed	No report filed	No report filed	No report filed
Lyons, Nichelle	No reportable activity	No reportable activity	$0	$0
Malchow, Shclackman & Hoppey, Inc.	No reportable activity	No reportable activity	$0	$0
Rivaldo, Jim	No reportable activity	No reportable activity	$0	$0
Schafer, Ellie	No reportable activity	No reportable activity	$0	$0
Smith, Novella	Jill Wynns	General campaign consulting	$0	$2,000
	David Weiner	General campaign consulting	$0	$2,000
Solem & Associates	No reportable activity	No reportable activity	$0	$0
Staton & Hughes	No reportable activity	No reportable activity	$0	$0
Stearns Consulting	Kamala Harris Affordable Housing Alliance Aaron Peskin Jake McGoldrick	Political consulting Political consulting Political consulting Political consulting	$32,500 $0 $4,000 $13,733	$1,000 $0 $190 $5,316
Terris, Barnes and Walters	No reportable activity	No reportable activity	$0	$0
TOTAL PAYMENTS PROMISED TO AND RECEIVED BY CAMPAIGN CONSULTANTS			$78,578	$29,762

 

 

 

 

 

 

 

 

 

Table 3:  Political Contributions

 

Filers must report each political contribution of $100 or more to a candidate for local office, a committee controlled by a local officeholder or a candidate for local office, or a ballot measure committee whether or not the committee is controlled by a local officeholder or a candidate for local office.  Filers must report contributions of $100 or more made or delivered by the filer, or made by the filer’s client at the filer’s behest, or for which the filer acted as an agent or intermediary during the reporting period.  This chart indicates the political contributions made by campaign consultants during the reporting period.  The total reported amount of political contributions made by filers during the first quarter was $1,750.

 

Table 3
Political Contributions
Campaign Consultant	Candidates/Committees	Contribution
Barnes, Mosher, Whitehurst	Dennis Herrera for City Attorney	$500
	Dennis Herrera for City Attorney	$500
	Dennis Herrera for City Attorney	$500
Solem & Associates	Dennis Herrera for City Attorney	$250
Total Contributions:		$1,750

 

Vendor/Subvendor Payments

 

Each filer must report economic consideration promised to or received by the filer during the reporting period from vendors and subvendors who provide campaign-related goods or services to the filer’s current clients.  No filer reported any payments to or from any vendors or subvendors during this reporting period.

 

Gifts to Local Officeholders

 

Each filer must report any gifts promised or made by the filer to a local officeholder during the reporting period which in the aggregate total $50 or more.  No filer reported any gifts promised or made to a local officeholder during this reporting period.

 

 

 

Employment of Local Officeholders and City Employees

 

If the filer employs a local officeholder or City employee during the reporting period, the filer must report the name of the officeholder or City employee and describe the nature of the employment by the filer.  In addition, if a client of the filer employs a local officeholder or City employee at the behest of the filer during the reporting period, the filer must report the name of the client, the name of each officeholder or City employee hired by the client, and the nature of the employment by the client.  No filer reported activity in this category.

 

 

City ContractsObtained During the Reporting Period

 

If the filer obtains a City contract during the reporting period and the contract is approved by a local officeholder who is the filer’s client, the filer must report the contract, the date the contract was obtained, and the name of the officeholder who approved the contract.  No filer reported obtaining a City contract during the reporting period.

 

Appointment to Public Office

 

If the filer is appointed to public office during the reporting period and the appointment is made by a local officeholder who is the filer’s client, the filer must report the public office to which the filer was appointed, the date of the appointment, and the name of the officeholder who appointed the filer.  No filer reported appointment to public office during the reporting period.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CAMPAIGN CONSULTANT FILING SECOND QUARTER 2005

 

SECOND QUARTER SUMMARY

March 1, 2005 through May 31,  2005

Emi Gusukuma, Chairperson

John St. Croix, Executive Director

Date Issued: August 5, 2005

Report Prepared By: Richard Mo

 

• Introduction

 

In November 1997, San Francisco voters approved the Regulation of Campaign Consultants Ordinance (“Ordinance”), San Francisco Campaign and Governmental Conduct Code Sections 1.500-1.540.  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 first quarter activity reports were due on June 15, 2004 and covered the filing period beginning March 1, 2005 and ending May 31, 2005 . Seventeen out of eighteen registered campaign consultants filed with the Ethics Commission in the second quarter of 2005.

 

• Comparative Data

 

The level of campaign consultant activity has fluctuated since the first filing in June 1998 (the second quarter of 1998).  The chart on the next page compares data compiled pertaining to campaign consultant activity since implementation of the Ordinance.  As indicated, the level of campaign consultant activity generally increases or decreases depending on 1) whether an election is held and 2) the number and type of local items on the ballot. 

 

Quarter	Number of Consultants	Total Payments Promised	Total Payments Received	Total Contributions Made
Second Quarter 1998	24	$1,560,742	$1,432,631	$4,100
Third Quarter 1998	25	$341,745	$379,859	$3,405
Fourth Quarter 1998	30	$638,498	$784,507	$1,975
First Quarter 1999	22	$71,969	$142,355	$550
Second Quarter 1999	28	$201,983	$485,071	$1,500
Third Quarter 1999	34	$395,440	$1,168,597	$4,150
Fourth Quarter 1999	38	$1,343,362	$2,489,276	$3,800
First Quarter 2000	17	$904,891	$1,293,901	$2,750
Second Quarter 2000	17	$169,599	$186,663	$1,275
Third Quarter 2000	20	$293,110	$467,379	$18,900
Fourth Quarter 2000	25	$2,437,695	$2,332,401	$26,348
First Quarter 2001	17	$216,952	$236,785	$800
Second Quarter 2001	15	$6,500	$6,500	$100
Third Quarter 2001	18	$137,751	$58,560	$5,550
Fourth Quarter 2001	23	$640,589	$690,272	$12,825
First Quarter 2002	22	$242,752	$259,357	$1,100
Second Quarter 2002	23	$121,413	$311,663	$2,100
Third Quarter 2002	40	$320, 373	$345,325	$2,200
Fourth Quarter 2002	50	$3,002,128	$3,243,997	$8,003
First Quarter 2003	42	$368,102	$331,328	$3,850
Second Quarter 2003	51	$486,555	$530,434	$3,250
Third Quarter 2003	64	$618,346	$749,332	$2,805
Fourth Quarter 2003	64	$1,112,506	$1,367,183	$10,125
First Quarter 2004	36	$352,837	$243,578	$1,600
Second Quarter 2004	29	$180,947	$136,950	$1,650
Third Quarter 2004	45	$461,739	$405,991	$11,050
Fourth Quarter 2004	45	$620,070	$943,214	$4,786
First Quarter 2005	17	$78,578	$29,762	$1,750
Second Quarter 2005	17	$87,399	$93,085	$250

 

 

III.             The Campaign Consultant Ordinance

 

The Ordinance defines “campaign consultant” as a person or entity that receives or is promised $1,000 or more in a calendar year for providing either of the following services:

 

“Campaign Management,” defined as conducting, coordinating or supervising a campaign to elect, defeat, retain or recall a local candidate, or to adopt or defeat a local ballot measure, including but not limited to:

 

1. Hiring or authorizing the hiring of campaign staff and consultants; or
2. Spending or authorizing the expenditure of campaign funds; or
3. Directing, supervising or conducting the solicitation of campaign contributions; or
4. Selecting or recommending vendors or subvendors of goods or services for the campaign.

 

OR

 

“Campaign Strategy,” defined as planning for the election, defeat, retention or recall of a local candidate, or for the adoption or defeat of a local ballot measure, including not but limited to:

 

1. Producing or authorizing the production of campaign literature and print and broadcast advertising; or
2. Seeking endorsements of organizations or individuals; or
3. Seeking financing; or
4. Advising on public policy positions.

 

Employees of campaign consultants do not themselves qualify as campaign consultants.  However, persons and entities that subcontract with a campaign consultant to provide campaign consulting services and that receive or are promised $1,000 or more in a calendar year do qualify as campaign consultants.  Similarly, employees of campaigns who engage in campaign management or campaign strategy and are promised or receive $1,000 or more in a calendar year also qualify as campaign consultants.

 

Campaign consultants are required to report only activity associated with local candidates or local ballot measures.  For purposes of the Ordinance, “candidate” means:  (1) a person who has taken affirmative action to seek nomination or election to local office, or (2) a local officeholder who has taken affirmative action to seek nomination or election to any elective office, or (3) a local officeholder who is the subject of a recall election.

 

“Local officeholder” means the following elected officers:  Mayor, Members of the San Francisco Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, Members of the Board of Education of the San Francisco Unified School District , and Members of the Governing Board of the San Francisco Community College District. 

 

“Measure” means a local referendum, or a local ballot measure, whether or not it qualifies for the ballot.

 

The Commission staff has compiled the information filed by campaign consultants for the second quarter of 2005 in the attached tables.  All amounts reported by campaign consultants have been rounded off.

 

• Description of Quarterly Report Tables

 

Table 1:  Total Reported Activity March 1, 2005 – May 31, 2005

 

Table 1 summarizes all reported activity by campaign consultants for the second quarter of 2005.  Filers are listed in alphabetical order.  Also reported are the total payments promised by clients and any political contributions or gifts to officeholders made by the filers.

 

 

Table 1
All Reported Activity
(Listed in Alphabetical Order)
CAMPAIGN CONSULTANT	TOTAL PAYMENTS PROMISED	TOTAL PAYMENTS RECEIVED	POLITICAL CONTRIBUTIONS	GIFTS MADE TO OFFICEHOLDERS
Barnes, Mosher, Whitehurst	$1,705	$20,739	$0	$0
Baughman, Duane	$0	$0	$0	$0
Bowman, Christopher	No report	No report	No report	No report
Clarke, Clementine	$10,500	$10,500	$0	$0
Harrell, Clay	$0	$0	$0	$0
Hope Road Consulting, LLC	$1,200	$1,200	$0	$0
Hsieh, Francisco	$0	$0	$0	$0
Hsieh & Associates	$15,000	$15,350	No report	No report
Lyons, Nichelle	$0	$0	$0	$0
Malchow, Shclackman & Hoppey, Inc.	$0	$0	$0	$0
Rivaldo, Jim	$0	$0	$0	$0
Schafer, Ellie	$0	$0	$0	$0
Smith, Novella	$0	$0	$0	$0
Solem& Associates	$0	$0	$250	$0
Staton& Hughes	$0	$0	$0	$0
Stearns Consulting	$57,920	$45,296	$0	$0
Storefront Political Media	$1,074	$0	$0	$0
Terris, Barnes and Walters	$0	$0	$0	$0
TOTAL REPORTED ACTIVITY	$87,399	$93,085	$250	$0

 

 

 

 

 

 

 

Table 2:  Client Payment Report

 

Filers are required to report “economic consideration” promised by or received from clients in exchange for campaign consulting services during the applicable reporting period.  Economic consideration includes payments, fees, commissions, and reimbursements for expenses, gifts or anything else of value.  Table 2 lists the name of the filer in alphabetical order, the filer’s clients, the services performed for that client, the payment promised by the client in the reporting period, and the payment actually received.  The table also indicates the total payments promised or received by all filers.  The payments promised by all clients to filers during the second quarter totaled $87,399.  The payments received by all filers from clients during the second quarter totaled $93,085.

 

Table 2

Payments to Campaign Consultants

Campaign Consultant	Client(s)	Services Performed	Total Payments Promised	Total Payments Received
Barnes, Mosher, Whitehurst	Jose Cisneros	Campaign management, direct mail pieces & fundraising	$0	$20,739
	Yes on I	General management, direct mail & fundraising	$1,705	$0
Baughman, Duane	No reportable activity	No reportable activity	$0	$0
Bowman, Christopher	No report filed	No report filed	No report filed	No report filed
Clarke, Clementine	Fiona Ma	Fundraising	$10,500	$10,500
Harrell, Clay	No reportable activity	No reportable activity	$0	$0
Hope Road Consulting, LLC	Miguel Bustos	General campaign consulting	$1,200	$1,200
Hsieh, Francisco	Fiona Ma	Fundraising & community outreach	$0	$0
Hsieh & Associates	Fiona Ma for Assembly	Fundraising & campaign strategy	$15,000	$15,350
Lyons, Nichelle	No reportable activity	No reportable activity	$0	$0
Malchow, Shclackman & Hoppey, Inc.	No reportable activity	No reportable activity	$0	$0
Rivaldo, Jim	No reportable activity	No reportable activity	$0	$0
Schafer, Ellie	No reportable activity	No reportable activity	$0	$0
Smith, Novella	No reportable activity	No reportable activity	$0	$0
Solem& Associates	No reportable activity	No reportable activity	$0	$0
Staton& Hughes	No reportable activity	No reportable activity	$0	$0
Stearns Consulting	Herrera 2005 Kamala Harris for D.A. Re-Elect Aaron Peskin Jake McGoldrick	Political consulting Political consulting Political consulting Political consulting	$0 $40,033 $5,000 $12,887	$8,200 $20,809 $3,400 $12,887
Storefront Political Media	San Francisco Firefighers	Campaign consulting & media production	$1,074	$0
Terris, Barnes and Walters	Fiona Ma for Assembly	No reportable activity	$0	$0
TOTAL PAYMENTS PROMISED TO AND RECEIVED BY CAMPAIGN CONSULTANTS			$87,399	$93,085

 

 

 

 

 

 

 

 

Table 3:  Political Contributions

 

Filers must report each political contribution of $100 or more to a candidate for local office, a committee controlled by a local officeholder or a candidate for local office, or a ballot measure committee whether or not the committee is controlled by a local officeholder or a candidate for local office.  Filers must report contributions of $100 or more made or delivered by the filer, or made by the filer’s client at the filer’s behest, or for which the filer acted as an agent or intermediary during the reporting period.  This chart indicates the political contributions made by campaign consultants during the reporting period.  The total reported amount of political contributions made by filers during the second quarter was $250.

 

Table 3
Political Contributions
Campaign Consultant	Candidates/Committees	Contribution
Solem & Associates	Fiona Ma for Assembly	$250
Total Contributions:		$250

 

Vendor/Subvendor Payments

 

Each filer must report economic consideration promised to or received by the filer during the reporting period from vendors and subvendors who provide campaign-related goods or services to the filer’s current clients.  No filer reported any payments to or from any vendors or subvendors during this reporting period.

 

Gifts to Local Officeholders

 

Each filer must report any gifts promised or made by the filer to a local officeholder during the reporting period which in the aggregate total $50 or more.  No filer reported any gifts promised or made to a local officeholder during this reporting period.

 

Employment of Local Officeholders and City Employees

 

If the filer employs a local officeholder or City employee during the reporting period, the filer must report the name of the officeholder or City employee and describe the nature of the employment by the filer.  In addition, if a client of the filer employs a local officeholder or City employee at the behest of the filer during the reporting period, the filer must report the name of the client, the name of each officeholder or City employee hired by the client, and the nature of the employment by the client.  No filer reported activity in this category.

 

City ContractsObtained During the Reporting Period

 

If the filer obtains a City contract during the reporting period and the contract is approved by a local officeholder who is the filer’s client, the filer must report the contract, the date the contract was obtained, and the name of the officeholder who approved the contract.  No filer reported obtaining a City contract during the reporting period.

 

Appointment to Public Office

 

If the filer is appointed to public office during the reporting period and the appointment is made by a local officeholder who is the filer’s client, the filer must report the public office to which the filer was appointed, the date of the appointment, and the name of the officeholder who appointed the filer.  No filer reported appointment to public office during the reporting period.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CAMPAIGN CONSULTANT FILING THIRD QUARTER 2005

THIRD QUARTER SUMMARY

June 1 through August 31,  2005

Emi Gusukuma, Chairperson

John St. Croix, Executive Director

Date Issued: October 24, 2005

Report Prepared By: Richard Mo

 

1. Introduction

 

In November 1997, San Francisco voters approved the Regulation of Campaign Consultants Ordinance (“Ordinance”), San Francisco Campaign and Governmental Conduct Code Sections 1.500-1.540.  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 third quarter activity reports were due on September 15, 2005 and covered the filing period beginning June 1, 2005 and ending August 31, 2005. Twenty out of twenty-one registered campaign consultants filed with the Ethics Commission in the third quarter of 2005.

 

1. Comparative Data

 

The level of campaign consultant activity has fluctuated since the first filing in June 1998 (the second quarter of 1998).  The chart on the next page compares data compiled pertaining to campaign consultant activity since implementation of the Ordinance.  As indicated, the level of campaign consultant activity generally increases or decreases depending on 1) whether an election is held and 2) the number and type of local items on the ballot. 

 

Quarter	Number of Consultants	Total Payments Promised	Total Payments Received	Total Contributions Made
Second Quarter 1998	24	$1,560,742	$1,432,631	$4,100
Third Quarter 1998	25	$341,745	$379,859	$3,405
Fourth Quarter 1998	30	$638,498	$784,507	$1,975
First Quarter 1999	22	$71,969	$142,355	$550
Second Quarter 1999	28	$201,983	$485,071	$1,500
Third Quarter 1999	34	$395,440	$1,168,597	$4,150
Fourth Quarter 1999	38	$1,343,362	$2,489,276	$3,800
First Quarter 2000	17	$904,891	$1,293,901	$2,750
Second Quarter 2000	17	$169,599	$186,663	$1,275
Third Quarter 2000	20	$293,110	$467,379	$18,900
Fourth Quarter 2000	25	$2,437,695	$2,332,401	$26,348
First Quarter 2001	17	$216,952	$236,785	$800
Second Quarter 2001	15	$6,500	$6,500	$100
Third Quarter 2001	18	$137,751	$58,560	$5,550
Fourth Quarter 2001	23	$640,589	$690,272	$12,825
First Quarter 2002	22	$242,752	$259,357	$1,100
Second Quarter 2002	23	$121,413	$311,663	$2,100
Third Quarter 2002	40	$320, 373	$345,325	$2,200
Fourth Quarter 2002	50	$3,002,128	$3,243,997	$8,003
First Quarter 2003	42	$368,102	$331,328	$3,850
Second Quarter 2003	51	$486,555	$530,434	$3,250
Third Quarter 2003	64	$618,346	$749,332	$2,805
Fourth Quarter 2003	64	$1,112,506	$1,367,183	$10,125
First Quarter 2004	36	$352,837	$243,578	$1,600
Second Quarter 2004	29	$180,947	$136,950	$1,650
Third Quarter 2004	45	$461,739	$405,991	$11,050
Fourth Quarter 2004	45	$620,070	$943,214	$4,786
First Quarter 2005	17	$78,578	$29,762	$1,750
Second Quarter 2005	17	$87,399	$93,085	$250
Third Quarter 2005	20	$160,430	$102,377	$950

 

 

 

 

 

 

III.               The Campaign Consultant Ordinance

 

The Ordinance defines “campaign consultant” as a person or entity that receives or is promised $1,000 or more in a calendar year for providing either of the following services:

 

“Campaign Management,” defined as conducting, coordinating or supervising a campaign to elect, defeat, retain or recall a local candidate, or to adopt or defeat a local ballot measure, including but not limited to:

 

1. Hiring or authorizing the hiring of campaign staff and consultants; or
2. Spending or authorizing the expenditure of campaign funds; or
3. Directing, supervising or conducting the solicitation of campaign contributions; or
4. Selecting or recommending vendors or subvendors of goods or services for the campaign.

 

OR

 

“Campaign Strategy,” defined as planning for the election, defeat, retention or recall of a local candidate, or for the adoption or defeat of a local ballot measure, including not but limited to:

 

1. Producing or authorizing the production of campaign literature and print and broadcast advertising; or
2. Seeking endorsements of organizations or individuals; or
3. Seeking financing; or
4. Advising on public policy positions.

 

Employees of campaign consultants do not themselves qualify as campaign consultants.  However, persons and entities that subcontract with a campaign consultant to provide campaign consulting services and that receive or are promised $1,000 or more in a calendar year do qualify as campaign consultants.  Similarly, employees of campaigns who engage in campaign management or campaign strategy and are promised or receive $1,000 or more in a calendar year also qualify as campaign consultants.

 

Campaign consultants are required to report only activity associated with local candidates or local ballot measures.  For purposes of the Ordinance, “candidate” means:  (1) a person who has taken affirmative action to seek nomination or election to local office, or (2) a local officeholder who has taken affirmative action to seek nomination or election to any elective office, or (3) a local officeholder who is the subject of a recall election.

 

“Local officeholder” means the following elected officers:  Mayor, Members of the San Francisco Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, Members of the Board of Education of the San Francisco Unified School District, and Members of the Governing Board of the San Francisco Community College District. 

 

“Measure” means a local referendum, or a local ballot measure, whether or not it qualifies for the ballot.

 

The Commission staff has compiled the information filed by campaign consultants for the third quarter of 2005 in the attached tables.  All amounts reported by campaign consultants have been rounded off.

 

1. Description of Quarterly Report Tables

 

Table 1:  Total Reported Activity June 1, 2005 – August 31, 2005

 

Table 1 summarizes all reported activity by campaign consultants for the third quarter of 2005.  Filers are listed in alphabetical order.  Also reported are the total payments promised by clients and any political contributions or gifts to officeholders made by the filers.

 

 

Table 1
All Reported Activity
(Listed in Alphabetical Order)
CAMPAIGN CONSULTANT	TOTAL PAYMENTS PROMISED	TOTAL PAYMENTS RECEIVED	POLITICAL CONTRIBUTIONS	GIFTS MADE TO OFFICEHOLDERS
Barnes, Mosher, Whitehurst	$12,000	$16,295	$0	$0
Baughman, Duane	$0	$0	$0	$0
Bowman, Christopher	$0	$0	$0	$0
Chang, Emily	$15,000	$0	$0	$0
Clarke, Clementine	$0	$0	$0	$0
Comstock, Doug	NF	NF	NF	NF
Gutierrez, David	$5,000	$5,000	$0	$0	$0
Harrell, Clay	$0	$0	$0	$0
Hope Road Consulting, LLC	$0	$0	$0	$0
Hsieh, Francisco	$3,000	$2,000	$250	$0
Hsieh & Associates	$15,000	$16,797	$0	$0
Lyons, Nichelle	$0	$0	$0	$0
Malchow, Shclackman & Hoppey, Inc.	$55,223	$12,448	$0	$0
Rivaldo, Jim	$0	$0	$0	$0
Schafer, Ellie	$0	$0	$0	$0
Smith, Novella	$0	$0	$0	$0
Solem & Associates	$0	$0	$700	$0
Staton & Hughes	$2,000	$2,000	$0	$0
Stearns Consulting	$60,337	$42,857	$0	$0
Storefront Political Media	$19,336	$1,446	$0	$0
Terris, Barnes and Walters	$3,534	$3,534	$0	$0
TOTAL REPORTED ACTIVITY	$160,430	$102,377	$950	$0

 

 

 

 

Table 2:  Client Payment Report

 

Filers are required to report “economic consideration” promised by or received from clients in exchange for campaign consulting services during the applicable reporting period.  Economic consideration includes payments, fees, commissions, and reimbursements for expenses, gifts or anything else of value.  Table 2 lists the name of the filer in alphabetical order, the filer’s clients, the services performed for that client, the payment promised by the client in the reporting period, and the payment actually received.  The table also indicates the total payments promised or received by all filers.  The payments promised by all clients to filers during the third quarter totaled $160,430.  The payments received by all filers from clients during the third quarter totaled $102,377.

 

Table 2

Payments to Campaign Consultants

Campaign Consultant	Client(s)	Services Performed	Total Payments Promised	Total Payments Received
Barnes, Mosher, Whitehurst	Jose Cisneros for Treasurer More Jobs for SF-Yes on Prop. I Committee To Save Our City College – Yes on Prop. A	Campaign management Campaign management Campaign management	$0 $0 $12,000	$16,295 $0 $0
Baughman, Duane	No reportable activity	No reportable activity	$0	$0
Bowman, Christopher	No reportable activity	No reportable activity	$0	$0
Chang, Emily	Phil Ting for Assessor	Campaign consulting	$15,000	$0
Clarke, Clementine	No reportable activity	No reportable activity	$0	$0
Comstock, Doug	NF	NF	NF	NF
Gutierrez, David	Phil Ting for Assessor	Campaign management	$5,000	$5,000
Harrell, Clay	No reportable activity	No reportable activity	$0	$0
Hope Road Consulting, LLC	Miguel Bustos	General campaign consulting	$1,200	$1,200
Hsieh, Francisco	Fiona Ma	Fundraising & community outreach	$3,000	$2,000
Hsieh & Associates	Fiona Ma for Assembly	Campaign management & fundraising	$15,000	$16,797
Lyons, Nichelle	No reportable activity	No reportable activity	$0	$0
Malchow, Shclackman & Hoppey, Inc.	Calif. Urban Issues Project Committee on Jobs	Design website & ad campaign Online ad campaign	$45,368 $9,855	$10,998 $1,450
Rivaldo, Jim	No reportable activity	No reportable activity	$0	$0
Schafer, Ellie	No reportable activity	No reportable activity	$0	$0
Smith, Novella	No reportable activity	No reportable activity	$0	$0
Solem & Associates	No reportable activity	No reportable activity	$0	$0
Staton & Hughes	Music Concourse Comm. Prtrshp. Calif. Academy of Sciences	Campaign strategy in favor of Prop. G Campaign strategy in favor of Prop. G	$1,000 $1,000	$1,000 $1,000
Stearns Consulting	Herrera 2005 Kamala Harris for D.A. Re-Elect Aaron Peskin	Political consulting Political consulting Political consulting	$7,749 $17,575 $1,210	$19,146 $1,650 $750
Storefront Political Media	San Francisco Firefighers   Phil Ting for Assessor	Campaign consulting & media production Campaign consulting & media production	$7,122   $12,214	$1,446   $0
Terris, Barnes and Walters	Fiona Ma for Assembly	General campaign consulting	$3,534	$3,534
TOTAL PAYMENTS PROMISED TO AND RECEIVED BY CAMPAIGN CONSULTANTS			$160,430	$102,377

 

 

 

 

 

Table 3:  Political Contributions

 

Filers must report each political contribution of $100 or more to a candidate for local office, a committee controlled by a local officeholder or a candidate for local office, or a ballot measure committee whether or not the committee is controlled by a local officeholder or a candidate for local office.  Filers must report contributions of $100 or more made or delivered by the filer, or made by the filer’s client at the filer’s behest, or for which the filer acted as an agent or intermediary during the reporting period.  This chart indicates the political contributions made by campaign consultants during the reporting period.  The total reported amount of political contributions made by filers during the third quarter was $950.

 

Table 3
Political Contributions
Campaign Consultant	Candidates/Committees	Contribution
Hsieh & Associates	Dennis Herrera	$250
Solem & Associates	Dennis Herrera 2005	$250
	Jose Cisneros for Treasurer	$100
	Fiona Ma for Assembly	$350
Total Contributions:		$950

 

Vendor/Subvendor Payments

 

Each filer must report economic consideration promised to or received by the filer during the reporting period from vendors and subvendors who provide campaign-related goods or services to the filer’s current clients.  No filer reported any payments to or from any vendors or subvendors during this reporting period.

 

Gifts to Local Officeholders

 

Each filer must report any gifts promised or made by the filer to a local officeholder during the reporting period which in the aggregate total $50 or more.  No filer reported any gifts promised or made to a local officeholder during this reporting period.

 

Employment of Local Officeholders and City Employees

 

If the filer employs a local officeholder or City employee during the reporting period, the filer must report the name of the officeholder or City employee and describe the nature of the employment by the filer.  In addition, if a client of the filer employs a local officeholder or City employee at the behest of the filer during the reporting period, the filer must report the name of the client, the name of each officeholder or City employee hired by the client, and the nature of the employment by the client.  No filer reported activity in this category.

 

 

 

 

 

City ContractsObtained During the Reporting Period

 

If the filer obtains a City contract during the reporting period and the contract is approved by a local officeholder who is the filer’s client, the filer must report the contract, the date the contract was obtained, and the name of the officeholder who approved the contract.  No filer reported obtaining a City contract during the reporting period.

 

Appointment to Public Office

 

If the filer is appointed to public office during the reporting period and the appointment is made by a local officeholder who is the filer’s client, the filer must report the public office to which the filer was appointed, the date of the appointment, and the name of the officeholder who appointed the filer.  No filer reported appointment to public office during the reporting period.