I. Introduction
This Audit Report summarizes the audit results of the committee, Yes on Proposition A, Let’s Rebuild San Francisco’s Schools, Identification Number 1290214 (“the Committee”), for the period from January 1, 2006 through December 31, 2006. 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 section 1.100, et seq) (S.F. C&GC Code).
II. 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 along with other relevant documents to determine whether a committee complied with applicable requirements of State and local laws. The Commission randomly selected the Committee for audit.
III. 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.
The Commission posts audit reports to its web site and, in cases of violations of law, forwards them to the appropriate enforcement agency.
IV. Committee Information
The Committee was formed in June 2006 to support the passage of ballot Proposition A, Let’s Rebuild San Francisco’s Schools in the November 7, 2006 general election. Phillip Halperin served as the treasurer. The Committee was active as of December 31, 2006.
V. Audit Findings
For the period covered by the audit, the Committee received $460,200 in contributions and incurred $397,296 in expenditures.
The Commission determined that there were three material findings with respect to the audit of the Committee, as follows:
- The Committee did not disclose sub vendor information in 43 instances, totaling $198,011 or about 50% of total expenditures, in violation of Government Code section 84211.
Government Code section 84211 requires a committee to itemize payments of $500 or more made on the committee’s behalf by an agent or independent contractor (also known as sub vendor payments) during the period covered by the campaign statement by providing the name, street address, the amount of each expenditure, and a brief description of the consideration for which each expenditure was made.
The details of the sub vendor information are as follows:
Invoice Date(s) Payee Sub vendor Description Amount 9/8/06 Barnes Mosher Carico Smith Design Artwork for campaign signs $1,000 9/8/06 Barnes Mosher Kirk Briggs Signs, Inc. Sign production $22,980 10/2/06 Barnes Mosher David Binder Research Telephone polling $17,500 10/5 & 10/7/06 Barnes Mosher Carico Smith Design Artwork for campaign signs $860 10/5 & 10/7/06 Barnes Mosher Commonwealth Communications Printing $16,325 10/5 & 10/7/06 Barnes Mosher Precise Mailing Inc. Mail house $5,580 10/5 & 10/7/06 Barnes Mosher Computerized Political Services Data $3,730 10/5 & 10/7/06 Barnes Mosher Lisa Hanson Production $750 10/5 & 10/7/06 Barnes Mosher Precise Mailing Inc. Postage $19,900 10/5 & 10/7/06 Barnes Mosher Graham Walker Website Yes on A $1,900 10/7/06 Barnes Mosher Graham Walker Website Yes on A $1,900 10/6/06 Barnes Mosher Carico Smith Design Artwork for door hangers $1,380 10/6/06 Barnes Mosher Autumn Press Printing $5,881 10/6/06 Barnes Mosher Lisa Hanson Production of door hangers $500 10/6/06 Barnes Mosher Autumn Press Printing flyers $550 9/29/06 Barnes Mosher Carico Smith Design Artwork for letterhead $1,080 9/29/06 Barnes Mosher Autumn Press Printing for letterhead $1,475 9/29/06 Barnes Mosher Computerized Political Services Data $3,300 9/29/06 Barnes Mosher Carico Smith Design Artwork for campaign logo $1,400 9/29/06 Barnes Mosher Alice B. Toklas Club Slate card mailer $500 9/29/06 Barnes Mosher San Francisco Democratic Party Slate card mailer $1,000 10/18/06 Barnes Mosher Navigate 9 Artwork for direct mailer $3,500 10/18/06 Barnes Mosher Commonwealth Communications Printing for direct mailer $1,500 10/18/06 Barnes Mosher Precise Mailing Inc. Mail house $5,435 10/18/06 Barnes Mosher Computerized Political Services Data $2,993 10/18/06 Barnes Mosher Lisa Hanson Production for direct mailer $750 10/18/06 Barnes Mosher Precise Mailing Inc. Postage for direct mailer $20,594 10/25/06 Barnes Mosher Carico Smith Design Artwork for direct mailer $2,530 10/25/06 Barnes Mosher Commonwealth Communications Printing for direct mailer $9,974 10/25/06 Barnes Mosher Precise Mailing Inc. Mail house $3,517 10/25/06 Barnes Mosher Lisa Hanson Postage $14,925 10/28/06 Barnes Mosher Navigate 9 Artwork for print advertisement $3,508 10/28/06 Barnes Mosher Carico Smith Design Artwork for Chinese mailer $1,380 10/28/06 Barnes Mosher Autumn Press Printing for Chinese mailer $3,995 10/28/06 Barnes Mosher Precise Mailing Inc. Mail house for Chinese mailer $1,435 10/28/06 Barnes Mosher Computerized Political Services Data for Chinese mailer $837 10/28/06 Barnes Mosher Lisa Hanson Production of Chinese mailer $750 10/28/06 Barnes Mosher Precise Mailing Inc. Postage $5,174 10/31/06 Barnes Mosher Carico Smith Design Artwork for Argonaut $1,000 10/31/06 Barnes Mosher The Argonaut Ad for Argonaut $2,835 11/1/06 Barnes Mosher Noe Valley Democratic Club Slate card mailer $500 11/1/06 Barnes Mosher Asian Pacific Democratic Club Slate card mailer $500 11/1/06 Barnes Mosher Accurate Printing Stickers for slate card mailer $884 Total $198,011 - The Committee did not disclose full contributor information for five contributions of $100 or more, totaling $27,500 or about 6% of contributions, in violation of Government Code section 84211(f) and S.F. C&GC Code sections 1.106 and 1.114.
Government Code section 84211(f) and S.F C&GC Code section 1.106 provide that if the cumulative amount of contributions (including loans) received from a person is $100 or more, the recipient’s campaign statements must provide the contributor’s full name, street address, occupation, and the name of his/her employer (name of business if self-employed); the date and amount of each contribution received from the contributor during the reporting period; and the cumulative amount of contributions received from the contributor during the calendar year.
Prior to depositing contributions totaling $100 or more, committees must obtain the contributor’s full name, street address, occupation, and the name of the contributor’s employer, or if the contributor is self-employed, the name of the contributor’s business (S.F. C&GC Code 1.114(e)). A committee is deemed not to have had the required contributor information at the time the contribution was deposited if the required contributor information is not reported on the first campaign statement on which the contribution is required to be reported. Contributions that do not comply with the requirements of or that exceed the limits imposed by section 1.114 must be forfeited to the City (S.F. C&GC Code Section 1.114(f)).
The following contributions were not reported with complete contributor information on the first campaign statement on which the contributions were required to be reported:
Contributor Contribution Date Reason for Forfeiture Contribution Amount Abbey, Douglas 10/20/06 No employer information $1,000 Azzani, Eunice 12/19/06 No street address $1,500 Decker, Suzanne 10/12/06 No employer information $10,000 Fried, Richard 9/26/06 No employer information $5,000 Swig, Roselyn 10/2/06 No employer information $10,000 Total $27,500 - The Committee did not timely report five contributions, totaling $79,500 or about 17% of contributions, in violation of Government Code section 84211.
Government Code section 84211(a) requires a committee to report the total amount of contributions received during the period covered by the campaign statement and the total cumulative amount of contributions received.
The details of the contributions are as follows:
Contributor Date deposited into bank account Amount Period contribution should have been reported Period contribution was reported Hellman, Warren 9/29/06 $49,500 7/1/06 – 9/30/06 10/1/06 – 10/21/06 Lazarus, Michael 9/29/06 $5,000 7/1/06 – 9/30/06 10/1/06 – 10/21/06 Swig, Roselyn C. 9/29/06 $10,000 7/1/06 – 9/30/06 10/1/06 – 10/21/06 Emery, Robert 9/29/06 $5,000 7/1/06 – 9/30/06 10/1/06 – 10/21/06 Osterweis, Jon 9/29/06 $10,000 7/1/06 – 9/30/06 10/1/06 – 10/21/06 Total $79,500
VI. Committee’s Response to Finding:
The Committee was provided with an opportunity to comment on this audit report. The Committee did not provide any comments.