- Introduction
This Audit Report summarizes the audit
results of the
committee, Rebecca for District 11, Identification Number 1262299 (“the
Committee”), from January 1, 2004 through June 30, 2005. The
audit was
conducted to determine whether the Committee materially complied with
the requirements of the Political Reform Act (“the Act”) (California
Government Code section 81000, et seq.) and San
Francisco’s
Campaign Finance Reform Ordinance (“CFRO”) (San Francisco Campaign and
Governmental Conduct Code § 1.100, et seq).1 - Audit Authority
San Francisco Charter section C3.699-11
authorizes the
Ethics Commission (“the Commission”) to audit campaign statements that
are filed with the Commission. Section 1.150(a) of the CFRO
requires
the Commission to audit all candidates who receive public
financing.
Audits of publicly financed candidates include a review of campaign
statements and other relevant documents to determine whether the
candidate complied with applicable requirements of State and local laws. - Audit Scope and Procedures
This audit was performed in accordance
with generally
accepted auditing standards. The audit involved a review of
the
Committee’s records for the period covered by the audit. This
review
was conducted to determine:- Compliance with all disclosure requirements pertaining
to
contributions, expenditures, accrued expenditures, and loans, including
itemization when required; - Compliance with applicable filing deadlines;
- Compliance with restrictions on contributions, loans,
and expenditures; - Accuracy of total reported receipts, disbursements, and
cash balances as compared to bank records; - Compliance with all record-keeping requirements; and
- Compliance with all provisions related to the
Commission’s public financing program.
The Commission will post audit reports to its web site.
- Compliance with all disclosure requirements pertaining
- Committee Information
The Committee is a candidate-controlled
committee formed
to support the election of Rebecca Silverberg to the Board of
Supervisors, District 11 in the November 2, 2004 general
election.
Ronald Jin served as the treasurer. The Committee indicated
on its
Statement of Organization that it had qualified as a committee on April
19, 2004. The Committee received public funds for the Rebecca
for
District 11, Board of Supervisors election campaign. The
Committee
filed its termination statement on July 29, 2005. - Audit Findings
The Committee received $29,075 in public
funds. The
Commission was unable to conduct an audit to determine whether the
Committee timely and accurately disclosed its activities because the
Committee did not provide its campaign records. The Commission determined that:
- The Committee did not provide the Commission
with its
campaign records, in violation of San Francisco Campaign and
Governmental Conduct Code (S.F. C&GC Code) section 1.170(e).S.F. C&GC Code section 1.170(e) states that any person who
knowingly or willfully furnishes false or fraudulent evidence,
documents, or information to the Commission under this Chapter, or
misrepresents any material fact, or conceals any evidence, documents,
or information, or fails to furnish to the Commission any records,
documents, or other information required to be provided under this
Chapter shall be subject to the penalties provided in this section. - There are other laws that may be applicable.
There are many provisions in both State and local
laws that
govern the activities of candidates and their committees, such as the
duty of each candidate to maintain and retain its records and the
restrictions on the use of public funds. Some of these laws
may also
be applicable to the Committee. Since the Committee did not
provide
its campaign records, the Commission cannot specifically identify such
laws.
The Commission will refer this audit report to its
Enforcement Division for possible enforcement action.
1
During the period covered by the audit, Article 1, Chapter 3 of the San
Francisco Campaign and Governmental Conduct Code (S.F. C&GC
Code)
codified the Electronic Filing Ordinance. As a result of
recent
amendments to CFRO, the provisions of the Electronic Filing Ordinance
are now combined in S.F. C&GC Code section 1.112.
During the period covered by the audit, Article 1, Chapter 3 of the San
Francisco Campaign and Governmental Conduct Code (S.F. C&GC
Code)
codified the Electronic Filing Ordinance. As a result of
recent
amendments to CFRO, the provisions of the Electronic Filing Ordinance
are now combined in S.F. C&GC Code section 1.112.