Ethics Commission
City and County of San Francisco

Executive Director’s Report – April 13, 2009

April 13, 2009

EXECUTIVE DIRECTOR’S REPORT
TO THE SAN FRANCISCO ETHICS COMMISSION
For the Meeting of April 13, 2009

1.   FY 09-10 Budget. 
As reported previously, all City departments have been instructed to submit a budget with a 25% cut from current year levels.  If a 25 percent cut is mandated, the Commission will be looking at a cut of $401, 400.  Based on the Commission’s instructions, staff has instead submitted a budget based on FY 08-09 figures.

2.  Investigation and enforcement program.
Since its last regular meeting on March 9, 2009, the Commission has received three new complaints, including one staff-initiated complaint.  There are currently 20 complaints pending in the Commission’s jurisdiction.

CategoryNumber of Complaints
Campaign Finance9
Conflict of Interest4
Governmental Ethics2
Lobbyist Ordinance1
Campaign Consultant Ordinance2
Sunshine Ordinance2
TOTAL20

3.   Campaign finance disclosure program.
a. Filing deadline.  The last filing deadline occurred on February 2, 2009 for the second 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.  Staff sent Non-Specific Written Notices to candidates/committees on February 17, 2009.  As of March 2, 2009, because fifteen candidates/committees still had not filed their required statement, staff sent a Second Non-Specific Written Notice and posted these filers to the Commission’s website as non-responsive.  As of April 7, 2009, six of the fifteen candidates/committees are still non-responsive.

Staff conducted an initial analysis of campaign finance filings received during the period March 1 through April 7.  The analysis showed that by April 7, the Commission received 118 campaign finance filings (38 electronic filings and 80 paper filings). The table below details the forms processed by staff.

Electronic and Paper Filings Received from 3.1.09 through 4.7.09

Form Name

Number of Filings

FPPC 410 (Statement of Organization)

20

FPPC 460 (Consolidated Campaign Disclosure Report)

84

FPPC 465 (Supplemental Independent Expenditure Report)

7

Miscellaneous Forms
(SFEC and FPPC)

7

Total =

118

b. Collection of late filing fees and contribution forfeitures.  Campaign finance collections as of April 8th for FY 08-09 totaled $32,758, based on filings made during current and previous fiscal years.  By comparison, campaign finance collections as of April 8th in prior fiscal years were as follows:

Fiscal year

Collections by April 8

Total collections in FY

02-03

$25,976

$49,322

03-04

$43,752

$51,607

04-05

$80,799

$199,524

05-06

$65,146

$85,390

06-07

$91,579

$119,814

07-08

$61,373

$65,035

The $32,758 amount is based on prior assessments as follows:

FY when assessed

Amount collected in 08-09

05-06

$1,722.38

06-07

$115.00

07-08

$8,524.95

08-09

$22,395.79

Total:

$32,758.12

FY 08-09 waivers, as well as waivers from past years provided for comparison, are as follows:

FY when assessed

Amount assessed

Amount waived in FY

04-05

$907,069

$683,086

05-06

$546,859

$342,901

06-07

$181,831

$50,347

07-08

$217,444

$159,880

08-09

$254,464

$106,206

To date, the outstanding balance of late fees assessed from the current and previous years, including $72,281 in fees that have been referred to the Bureau of Delinquent Revenues, is $191,472, down from $223,836 as last reported.  Staff continues to receive and process requests for waiver of late fees. 

The current outstanding balance of contribution forfeitures assessed as a result of the defective reporting of contributor information and contribution limit violations is $44,518, up from $42,617 as last reported.  The $44,518 amount does not include forfeiture assessments from the 2008 filing period.  Staff continues to process requests for reversal and waiver for most of the $44,518 amount of forfeitures.  The individual late fees and forfeitures are listed below.

Late fees & Forfeitures – 4.8.09 quarterly update

Late fees – Table 1

#

Name

Filer ID

Current balance ( in $)

Status (blank = not yet past-due)

1

Ahsha Safai for Supervisor

1305708

120.00

Past-due

2

Asian Americans for Prop. L

1270299

480.00

Past-due

3

Asian Pacific Democratic Club PAC

931558

632.56

 

4

Bayard Fong for Board of Education

1290444

350.00

Past-due

5

Bill Barnes For District 5

1265969

3,120.00

Collections

6

Bruce G. Windrem

PEN1188

30.00

Past-due

7

Calvin Louie for Community College Board

1228806

10.00

Past-due

8

Care Not Cash

1244505

5,331.00

Collections

9

Choice for Students

1307181

998.00

 

10

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

1305007

668.00

 

11

Clinton T. Reilly & Affiliated Entities

490376

9,000.00

Waiver requested

12

Committee for Quality Teachers and Education, Yes on Proposition A

1305506

4,390.00

 

13

Coalition to Elect Chris Jackson to Community College Board

1302351

2,355.00

Past-due ($40); Waiver requested ($2,315)

14

Coalition to Elect Kim-Shree 4 School Board

1284567

45.00

Payment schedule

15

Coleman Action Fund for Children Committee

1311766

6,685.00

Waiver requested

16

Committee to Elect Eli M. Horn

1305634

230.00

Past-due ($80); Waiver requested ($150)

17

Committee to Elect Emily Murase for School Board

1304864

50.00

Past-due

18

Committee to Elect Lynn Jefferson

1303409

30.00

Past-due

19

Committee to Elect M. Valle for Treasurer

1278937

5,525.00

Collections

20

Committee to Elect Rebecca Silverberg

1220430

21,086.00

Collections

21

Committee to Elect Vilma Guinto-Peoro Supervisor District #2

1291394

10.00

Collections

22

Dana Walsh

PEN1249

60.00

Past-due

23

Edgar "David" Parker, Jr.

PEN608

200.00

Past-due

24

Elect Anthony Carrasco Sheriff

PEN1395

100.00

Past-due

25

Friends of Lonnie Holmes

1298429

12.50

 

26

Housing Rights Association

1245525

100.00

Settlement payment schedule since 2006

27

James Ryan

PEN1293

100.00

Past-due

28

Janet Reilly

1276040

850.00

 

29

Jaynry Mak for School Board

1311133

10.00

Waiver requested

30

Jill Wynns for School Board

961189

730.00

Past-due

31

Johnnie Carter for Community College Board

1226264

7,215.00

Collections ($6,595); Past-due ($620)

32

Josh H. Wolf

PEN1391

180.00

Past-due

33

Joshua Kriesel

PEN1289

100.00

Past-due

34

Mak 06

1287595

490.00

Past-due

35

Micheas Herman

PEN788

100.00

Collections

36

Milton Marks 2008

1306913

235.00

Payment pending

37

Myrna Viray Lim for Supervisor

1256697

3,855.00

Collections

38

Myrna Lim for District 11 Supervisor

1306882

1,180.00

Past-due

39

Neighbors Against Traffic & Pollution – No on H

1300072

2,752.58

 

40

No on K, Committee Against Trafficking and Sexual Exploitation, Committee Against Proposition K

1310101

55.00

Waiver requested

41

Omar Khalif for School Board

1287030

1,800.00

Past-due

42

Pat  Lakey for Supervisor  District 7

1255357

2,225.00

Waiver requested in 2004

43

People for Tony Hall

1298419

1,890.00

 

44

Ramiro Maldonado, Jr.

PEN1291

100.00

Past-due

45

Ratepayers and Residents for PUC Reform – Yes on E

1306682

477.50

 

46

Re-Elect Milton Marks III

1266541

235.00

Waiver requested

47

Rick Hauptman

PEN1281

100.00

Past-due

48

Rodney Hauge

PEN593

100.00

Past-due

49

Rodney Hauge

PEN1084

100.00

Past-due

50

San Franciscans for Fair & Honest Government

1258209

4,659.22

Collections

51

San Franciscans for Yes on Proposition J

1249109

100.00

Past-due

52

San Francisco Chamber of Commerce 21st Century Committee

891575

980.00

 

53

San Francisco Democratic Club

1312198

120.00

Past-due

54

San Francisco Housing Fund – Yes on B

1306922

32.00

 

55

San Francisco Labor & Neighbor Member Education/Political Issues Committee

970630

504.00

 

56

San Francisco Labor Council – Labor & Neighbor

941562

504.00

 

57

San Francisco Labor Council Labor and Neighbor Independent Expenditure Political Action Committee

991525

630.00

 

58

San Francisco Women's Political Committee

1243711

69,616.26

Waiver requested

59

SEIU Local 87

PEN951

14,350.00

Collections

60

Shawn Westcott

PEN1102

100.00

Collections

61

Steve Feinstein

PEN1279

50.00

Past-due

62

Sunset Community Democratic Club

901749

350.00

Waiver requested

63

Thomas D'Amato

PEN735

100.00

Past-due

64

Walter D. Armer

PEN1287

100.00

Past-due

65

Yes on C, Alcatraz Conversion Project

1302041

3,848.75

Payment schedule

66

Yes on K, Committee United for Safety and Protection

1304971

340.00

 

67

Yes on Measure B for Safer San Francisco Streets – San Francisco Police Officers Association

1302887

1,000.00

 

68

Yick Tsun Society, Inc.

PEN1078

7,550.00

Collections

  

Total:

191,472.37

 

Forfeitures – Table 2 [1]

#

Name

Filer ID

Current balance ( in $)

Status (blank = not yet past-due)

1

Alix Rosenthal for Supervisor

1287650

950.07

Waiver requested

2

Bayard Fong for Board of Education

1290444

1,900.29

 

3

Campaign for Paid Sick Days, Yes on Prop F

1289546

276.73

Waiver requested

4

Committee to Elect Dwayne Jusino Supervisor

1286609

600.00

Payment schedule

5

Committee to Re-Elect Dr. Dan Kelly

1289595

150.02

Waiver requested

6

Daly 06

1284226

1,850.08

Waiver requested

7

Dudum for Supervisor 2006

1287197

800.02

Waiver requested

8

Herrera 2005

1272195

1,200.00

Waiver requested

9

Hydra Mendoza for School Board

1290372

2,300.18

Waiver requested

10

San Francisco Chamber of Commerce 21st Century Committee

891575

9,440.03

Waiver requested

11

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

1292084

25,050.12

Waiver requested

  

Total:

44,517.54

 

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

This table does not include forfeitures assessed from the 2008 reporting period.

#

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

$905.00

$0

5

Johnnie Carter for Community College Board

1226264

Johnnie Carter

6/16/06

$9,520.00

$7,095.00

$6,595.00

6

John Kosinski 2004

1262487

John Kosinski

6/26/06

$200.00

$100.00

$0 [2]

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 08-09, the Commission is budgeted to generate $175,000 in revenues.  As of April 7, 2009, the Commission received $91,274.15 as summarized below.  The figure represents collection of 52 percent of expected revenues for FY 08-09. 

Revenues Received as of April 7, 2009

Source

Budgeted Amount FY 08-09

Receipts

Lobbyist Fees

$40,000

$30,858.00

Other Ethics General

$1,000

$612.85

Campaign Finance Fines

$105,000

$31,094.51

Campaign Consultant Fees

$5,000

$19,821.50

Lobbyist Fines

$1,000

$1,700.00

Statements of Economic Interests Fines

$1,000

$1,330.00

Other Ethics Fines

$20,000

$5,807.29

Campaign Consultant Fines

$2,000

$50.00

Total

$175,000

$91,274.15

5.  Public financing/Campaign finance audit program.
Staff has completed the remaining 2006 audits and is finishing 2007 audits.  After designing new audit templates, staff is ready to begin 2008 public finance audits.  Staff has completed most of the analyses for the public financing report, which should be available for review at the May Commission meeting. 

6.  Lobbyist program. 
There are currently 41 lobbyists registered with the Commission.  In the 2008-2009 fiscal year, $32,493.75 in registration fees and $1,700 in fines have been collected, for a total of $34,193.75.  The next quarterly lobbyist filing is due April 15, 2009.  

7.  Campaign Consultant program. 
As of April 6, 2009, there are 19 registered campaign consultants.  In the 2008-2009 fiscal year, $16,400 in registration fees and $100 in fines have been collected, for a total of $16,500.  The deadline for the first quarter 2009 report was March 16, 2009.  Staff received 21 quarterly reports, all of which were timely filed.  The next quarterly report is due June 15, 2009.  Staff will send reminder notices to all active campaign consultants two weeks prior to the deadline.

8. Statements of Economic Interests.
April 1 was the deadline for designated officers and employees to file their annual Statements of Economic Interests (“SEIs”).  Staff is processing the SEIs and Sunshine Declarations that have been filed, by logging them into a database and scanning them for upload to the Commission’s website.

Enforcement staff continues to audit departments for SEI filing compliance.  Since the Commission’s last meeting, staff has audited the following departments, each of which had a 100% compliance rate:  1) Rent Board; 2) Landmarks Preservation Advisory Board; 3) District Attorney’s Office; and 4) War Memorial.  The Airport Commission had 145 designated employees required to file SEIs in 2007.  144 employees filed; one employee, who retired and has since left the Bay area, did not file a leaving office report.   The Airport Commission had 155 designated employees required to file SEIs in 2008.  154 employees filed; one employee, who retired and has since left the Bay area, did not file a leaving office report. The Redevelopment Agency was not in full compliance but has since filed the required SEIs.

9.  Outreach and Education.
On March 3 and March 10, 2009, staff conducted a Statement of Economic Interests (SEI) Training for Filing Officers and Commission secretaries covering roles and responsibilities, how to conduct a facial audit of the SEI, and how to manage the filings of designated employees, department heads, and members of boards and commissions.

On March 18 and March 26, 2009, staff conducted SEI trainings for members of boards and commissions and department heads, covering and responding to questions about their filing requirements.

On March 16, 2009, staff provided a Lobbyist Ordinance Training for lobbyists, their representatives, elected officials, the media, department heads, and other interested persons.

Ethics staff continues to provide trainings on conflict of interest laws and the Statements of Incompatible Activities (SIA) to City departments.  Recent trainings have included the Department of Building Inspection and the Port of San Francisco.  The following trainings are the currently scheduled for 2009:

Board of Supervisors SIA Training:  April 13
Port of San Francisco SIA Training:  April 16 and 21
General Services Agency SIA Training:  April 28
Department of Public Health SIA Training:  June 23
Public Utilities Commission SIA Training:  June 24, July 16, and July 27
Department of Children Youth and their Families SIA Training:  July 28

Respectfully submitted,

_________________________
John St. Croix
Executive Director       

[1] This table does not include forfeitures assessed from the 2008 reporting period.

[2] BDR cancelled the $100 remaining balance.

Was this page helpful?

Scan with a QR reader to access page:
QR Code to Access Page
https://sfethics.org/ethics/2009/04/executive-directors-report-april-13-2009.html