Ethics Commission
City and County of San Francisco

Executive Director’s Report – January 12, 2009

January 12, 2009

EXECUTIVE DIRECTOR’S REPORT
TO THE SAN FRANCISCO ETHICS COMMISSION
For the Meeting of January 12, 2009

1.   FY 09-10 Budget. 
All City departments have been instructed to reduce their General Fund budgets by 12.5 percent with an additional 12.5 percent contingency plan for FY 09-10.  A 12.5 percent target for the Ethics Commission amounts to a cut of $200,770.  If a 25 percent cut is mandated, the Commission will be looking at a cut of $401, 400.  At Monday’s meeting, staff will receive instruction from the Commission on preparing its budget submission, which is due February 20, 2009. 

2.  Investigation and enforcement program.
Since its last regular meeting on December 8, 2008, the Commission has received zero new complaints.  There are currently 25 complaints pending in the Commission’s jurisdiction.

CategoryNumber of Complaints
Campaign Finance 13
Conflict of Interest 7
Governmental Ethics 3
Lobbyist Ordinance 0
Campaign Consultant Ordinance 2
Sunshine Ordinance 0
TOTAL 25

3.   Campaign finance disclosure program.
a. Filing deadline.  The next filing deadline occurs on February 2, 2009 for the first semi-annual statement, which covers the reporting period beginning the day after the closing date of the last statement filed, or January 1, 2008 through December 31, 2008.  All active committees are required to file for this period.  Staff continues to do outreach with all local committees, candidates and treasurers via U.S. postal mail, email, phone, and fax to update them on their campaign finance filing obligations.

Staff conducted an analysis of campaign finance filings received during the period covering September 1 through December 31.  The analysis showed that during this period the Commission received 2,036 campaign finance filings (396 electronic filings and 1,640 paper filings).  Staff manually scanned, redacted and posted 1,557 paper filings.  In addition, staff manually scanned and posted all communications associated with the SFEC-152a-3 form.  Thereafter, the auditors analyzed each SFEC-152a-3 filing to determine whether individual expenditure ceilings should have been raised.  Staff also provided a summary of the SFEC-152a-3 filings on the Commission’s website, updating the webpage frequently to reflect changes in candidates’ individual expenditure ceilings.  The table below details the forms processed by staff.  For the most part, two staff members processed these campaign finance filings.

Electronic and Paper Filings Received from 9.1.08 through 12.31.08
Form Name Number of Filings

SFEC 144d1 – Matching Contributions

83

SFEC 152a1

11

SFEC 152a2

103

SFEC 152a3

149

SFEC 161.5

12

SFEC 161a

227

SFEC 161b

86

FPPC 410

65

FPPC 460

583

FPPC 461

11

FPPC 465

119

FPPC 496

225

FPPC 497 – Late Contributions Made

48

FPPC 497 – Late Contributions Received

159

Miscellaneous Forms
(SFEC and FPPC)

155

Total = 2,036

b. Collection of late filing fees and contribution forfeitures.  Campaign finance collections as of January 7th for FY 08-09 totaled $16,377, based on filings made during current and previous fiscal years.  This amount does not include payments received for 2008 period forfeitures, which are included in the Other Ethics Fines revenue category.  By comparison, campaign finance collections as of January 7th in prior fiscal years were as follows:

Fiscal year Collections by Jan. 7

Total collections in FY

02-03

$18,566

$49,322

03-04

$30,347

$51,607

04-05

$32,423

$199,524

05-06

$34,193

$85,390

06-07

$44,328

$119,814

07-08

$48,993

$65,035

The $16,377 amount is based on prior assessments as follows:

FY when assessed Amount collected in 08-09

05-06

$375.00

06-07

$0

07-08

$5,954.70

08-09

$10,047.50

Total:

$16,377.20

To date, the outstanding balance of late fees assessed from the current and previous years, including accounts that have been referred to the Bureau of Delinquent Revenues, is $112,608, down from $154,453 as last reported.  Staff continues to receive and process requests for waiver. 

The current outstanding balance of contribution forfeitures assessed as a result of the defective reporting of contributor information and contribution limit violations is $60,709, down from $62,177 as last reported.  This amount does not include forfeiture assessments from the 2008 filing period.  More than half of the $60,809 amount was assessed as a result of 2005-2006 period audits.  Additional assessments are anticipated upon completion of pending 2005-2006 audits.  Staff continues to process requests for reversal and waiver for a portion of the outstanding forfeitures that have been assessed.  The individual late fees and forfeitures are listed below.

Late fees & Forfeitures – 1.7.09 quarterly update

Late fees – Table 1

Number Name Filer ID Current balance ( in $) Status (blank = not yet past-due)

1

African American Community and  Business Development PAC

951414

250.00

Past-due

2

Angela Alioto for Mayor 2003

1250767

245.00

Past-due

3

Asian Americans for Prop. L

1270299

480.00

Past-due

4

Asian Pacific Democratic Club PAC

931558

1,480.25

Waiver requested

5

Bayard Fong for Board of Education

1290444

350.00

Past-due

6

Bayview Committee for Affordable Housing, A Committee Formed to Support Measure F

1302906

390.00

Waiver requested

7

Bill Barnes For District 5

1265969

3,120.00

Collections

8

Bruce G. Windrem

PEN1188

30.00

Past-due

9

Calvin Louie for Community College Board

1228806

10.00

Past-due

10

Care Not Cash

1244505

5,331.00

Collections

11

Carmen Chu for Supervisor

1304589

10.00

Past-due

12

Choice for Students

1307181

1,270.00

Waiver requested

13

Citizens Against Recall Abuse

1298421

2,170.00

Waiver requested

14

Citizens United for Reform – Yes on B; A coalition of healthcare advocates, taxpayers, labor, realtors and neighborhood business

1305007

2,670.00

Waiver requested

15

Coalition to Elect Chris Jackson to Community College Board

1302351

40.00

Past-due

16

Coalition to Elect Kim-Shree 4 School Board

1284567

555.00

Payment schedule

17

Committee to Elect Boe Hayward

PEN1270

110.00

Past-due

18

Committee to Elect Eli M. Horn

1305634

80.00

Past-due

19

Committee to Elect Eugene C. Wong for Supervisor

1268849

40.00

Past-due

20

Committee to Elect M. Valle for Treasurer

1278937

5,525.00

Collections

21

Committee to Elect Rebecca Silverberg

1220430

21,086.00

Collections

22

Committee to Elect Vilma Guinto-Peoro Supervisor District #2

1291394

10.00

Collections

23

Cooperation

PEN916

420.00

Collections [1]

24

Dana Walsh

PEN1249

60.00

Past-due

25

David Wong for Sheriff

1299118

250.00

Past-due

26

Edgar "David" Parker, Jr.

PEN608

200.00

Past-due

27

Elect Anthony Carrasco Sheriff

PEN1395

100.00

Past-due

28

Friends of Lonnie Holmes

1298429

225.00

Waiver requested

29

Friends of Nick Waugh

1266025

115.00

Past-due

30

Harold Brown  

PEN1083

100.00

Past-due

31

Housing Rights Association

1245525

100.00

Settlement payment schedule

32

James Ryan

PEN1293

100.00

Past-due

33

Jason Raymond Hinson

PEN1097

100.00

Past-due

34

Jason Wong for SFDCCC

1307289

100.00

Past-due

35

John Kosinski 2004

1262487

200.00

Collections

36

Johnnie Carter for Community College Board

1226264

7,715.00

Collections ($7,095); Past-due ($620)

37

Josh H. Wolf

PEN1391

180.00

Past-due

38

Joshua Kriesel

PEN1289

100.00

Past-due

39

Mak 06

1287595

150.00

Past-due

40

Micheas Herman

PEN788

100.00

Collections

41

Myrna Viray Lim for Supervisor

1256697

3,855.00

Collections

42

Myrna Lim for District 11 Supervisor

1306882

100.00

Past-due

43

Neighbors Against Traffic & Pollution – No on H

1300072

1203.22

Waiver requested

44

Omar Khalif for School Board

1287030

1,800.00

Past-due

45

Pat  Lakey for Supervisor  District 7

1255357

2,225.00

Waiver requested

46

People for Tony Hall

1298419

6,615.00

Waiver requested

47

Powers 4 Mayor

1299813

20.00

Past-due

48

Ramiro Maldonado, Jr.

PEN1291

100.00

Past-due

49

Ramos for Supervisor

1306361

20.00

Past-due

50

Ratepayers and Residents for PUC Reform – Yes on E

1306682

2,620.00

Waiver requested

51

Rick Hauptman

PEN1281

100.00

Past-due

52

Rodney Hauge

PEN593

100.00

Past-due

53

Rodney Hauge

PEN1084

100.00

Past-due

54

San Franciscans for Fair & Honest Government

1258209

4,659.22

Collections

55

San Franciscans for Yes on Proposition J

1249109

100.00

Past-due

56

San Francisco Coalition for Responsible Growth

1306077

10.00

Past-due

57

San Francisco Housing Fund – Yes on B

1306922

80.00

Waiver requested

58

San Francisco Late Night Coalition (SFLNC)

991861

1,516.00

Payment schedule pending

59

San Francisco Women's Political Committee

1243711

2,101.50

Collections

60

SEIU Local 87

PEN951

14,350.00

Collections

61

Shawn Westcott

PEN1102

100.00

Collections

62

Steve Feinstein

PEN1279

50.00

Past-due

63

Thomas D'Amato

PEN735

100.00

Past-due

64

Walter D. Armer

PEN1287

100.00

Past-due

65

Yes on A – a coalition of MUNI riders, environmentalists, labor and Supervisor Aaron Peskin

1300074

1,036.00

 

66

Yes on C, Alcatraz Conversion Project

1302041

4,165.00

Payment schedule

67

Yes on K, Committee United for Safety and Protection

1304971

2,265.00

Waiver requested

68

Yick Tsun Society, Inc.

PEN1078

7,550.00

Collections

  Total:

112,608.19

 

Forfeitures – Table 2 [2]

NumberNameFiler IDCurrent balance ( in $)Status (blank = not yet past-due)

1

Alix Rosenthal for Supervisor

1287650

950.07

Waiver requested

2

Brian Murphy O'Flynn for Supervisors 2004

1268033

1,200.04

Waiver requested

3

Committee to Elect Dwayne Jusino Supervisor

1286609

600.00

Payment schedule

4

Committee to Elect Eugene C. Wong for Supervisor

1268849

5,000.61

 

5

Committee to Elect Larry Kane

1267312

4,000.20

 

6

Committee to Elect Robert Haaland

1266291

800.04

Waiver requested

7

Committee to Re-Elect Dr. Dan Kelly

1289595

150.02

Waiver requested

8

Daly 06

1284226

1,850.08

Waiver requested

9

Dudum for Supervisor 2006

1287197

800.02

Waiver requested

10

Herrera 2005

1272195

1,200.00

Waiver requested

11

Hydra Mendoza for School Board

1290372

2,300.18

Waiver requested

12

Linnenbach for Supervisor

1278059

3,197.26

Waiver requested

13

Re-Elect Supervisor Jake McGoldrick

1263103

1,325.03

 

14

San Francisco Chamber of Commerce 21st Century Committee

891575

9,440.03

Waiver requested

15

Steve Braccini for District 2 Supervisor

1265008

900.00

Waiver requested

16

The Committee to Elect Brett Wheeler

1266485

1,695.11

 

17

Truth on Prop H – Concerned Citizens Against Prop H, Sponsored by: Small Property Owners of San Francisco

1292084

25,050.12

Waiver requested

18

Vernon Grigg for Supervisor

1268439

250.02

 
  Total:

60,708.83

 

c. Status of accounts to San Francisco Bureau of Delinquent Revenues (BDR).  The following chart provides details on pending accounts referred to BDR:

Number Committee/
Filer
ID #Treasurer or Responsible OfficerDate referral effectiveOriginal amount referredLast month’s balanceCurrent balance (Changes are in bold)

1

Committee to Elect Rebecca Silverberg

1220430

Lucia Paulazzo

5/6/05

$21,086.00

$21,086.00

$21,086.00

2

Yick Tsun Society, Inc.

PEN1078

Florence Fang

8/16/05

$7,550.00

$7,550.00

$7,550.00

3

SEIU Local 87

PEN951

Mike Garcia & Michael Baratz

8/25/05

$14,350.00

$14,350.00

$14,350.00

4

San Francisco Women’s Political Committee

1243711

Giselle Barry

5/25/06 & 9/18/06

$1,906.50

$2,101.50

$2,101.50

5

Johnnie Carter for Community College Board

1226264

Johnnie Carter

6/16/06

$9,520.00

$7,595.00

$7,095.00

6

John Kosinski 2004

1262487

John Kosinski

6/26/06

$200.00

$200.00

$200.00

7

Micheas Herman

PEN788

Micheas Herman

6/26/06

$100.00

$100.00

$100.00

8

San Franciscans for Fair & Honest Government

1258209

Erik Howell

10/20/06

$4,659.22

$4,659.22

$4,659.22

9

Myrna Viray Lim for District 11 Supervisor

1256697

Jia Jun Chen

4/27/07

$3,855.00

$3,855.00

$3,855.00

10

Committee to Elect M. Valle for Treasurer

1278937

Manuel B. Valle

6/14/07

$5,525.00

$5,525.00

$5,525.00

11

Shawn Westcott

PEN1102

Shawn Westcott

6/18/07

$100.00

$100.00

$100.00

12

Committee to Elect Vilma Guinto-Peoro Supervisor District #2

1291394

Vilma Guinto-Peoro

6/18/07

$10.00

$10.00

$10.00

13

Bill Barnes for District 5

1265969

Alix Rosenthal

1/3/08

$3,120

$3,120

$3,120

14

Care Not Cash

1244505

Ronald Jin

2/29/08

$5,331

$5,331

$5,331

4.  Revenues report. 
For FY 07-08, the Commission is budgeted to generate $175,000 in revenues.  As of January 6, 2009, the Commission received $33,987, as summarized below.  The figure represents collection of 19.4 percent of expected revenues for FY 08-09. 

Revenues Received as of January  6,  2009

SourceBudgeted Amount FY 08-09Receipts

Campaign Finance Fines

$105,000

$11,004

Lobbyist Fees

$40,000

$1,433

Lobbyist Fines

$1,000

$400

Campaign Consultant Fees

$5,000

$16,259

Campaign Consultant Fines

$2,000

$50

Statements of Economic Interests Fines

$1,000

$1,330

Other Ethics General

$1,000

$331

Other Ethics Fines

$20,000

$3,180

Total

$175,00

$33,987

5.  Electronic filing and Campaign Finance databases.
Electronic filers may use the Commission’s free San Francisco Electronic Disclosure System (SFEDS) or software available from third party vendors that satisfies the Secretary of State’s formatting requirements adopted by the Ethics Commission.  A list of certified vendors is available at the California Secretary of State’s web site at: http://www.ss.ca.gov/prd/approved_vendors.htm

SFEDS allows committees to file FPPC form 460, 496 and 497 campaign statements in electronic format.  The data from the electronically filed forms can be searched and exported in Microsoft Excel format for each committee or candidate.  Exported data includes both original and amended transactions.  Electronic data is accessible from the Internet with certain content redacted.  The unredacted data is accessible to staff and the public using computers inside the Commission’s office.  Electronic filings can also be viewed in PDF format immediately after the filing is submitted to the Commission.  Paper filings are scanned and posted to the database as they are processed.  Paper filings that have not yet been scanned can be viewed in the Commission’s public room.

6. Public financing/Campaign finance audit program.
The table below summarizes funds disbursed to the 19 candidates certified as eligible to participate in the public financing program.  All claims for public funds have been processed (approximately 130 claims in total, including the initial applications for eligibility); therefore, the figures below represent the total amount disbursed by candidate and by district for the November 2008 election.

DistrictCandidateDate of CertificationFunds Disbursed

1

Eric Mar

5/20/08

$89,049

1

Alicia Wang

7/9/08

$61,887

1

Sue Lee

8/12/08

$79,356

Total Funds Disbursed – District 1

$230,292

3

Tony Gantner

3/12/08

$64,756.61

3

Lynn Jefferson

6/19/08

$61,308.50

3

David Chiu

8/19/08

$123,445

Total Funds Disbursed – District 3

$249,510.11

4

Ron Dudum

5/28/08

$72,539

Total Funds Disbursed – District 4

$72,539

5

Ross Mirkarimi

6/27/08

$57,200

5

Owen O'Donnell

9/2/08

$58,413

Total Funds Disbursed – District 5

$115,613

9

Mark Sanchez

2/13/08

$64,519

9

Eric Quezada

4/4/08

$65,450

9

David Campos

5/27/08

$73,331

9

Eva Royale

8/13/08

$50,912

9

Thomas Valtin

9/3/08

$17,168

Total Funds Disbursed – District 9

$271,380

11

John Avalos

4/2/08

$87,745

11

Ahsha Safai

5/27/08

$105,033

11

Julio Ramos

7/21/08

$62,940

11

Eli Horn

9/3/08

$28,360

11

Randall Knox

9/4/08

$92,058

Total Funds Disbursed – District 11

$376,136

Total Funds Disbursed – (19 candidates)

$1,315,470.11

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