Executive Director’s Report – January 12, 2009 – San Francisco Ethics Commission

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.

Category	Number 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]

Number	Name	Filer ID	Current 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 Officer	Date referral effective	Original amount referred	Last month’s balance	Current 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

Source	Budgeted Amount FY 08-09	Receipts
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.

District	Candidate	Date of Certification	Funds 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