EXECUTIVE DIRECTOR’S REPORT
TO THE SAN FRANCISCO ETHICS COMMISSION
For the Meeting of April 12, 2010
1. Budget.
As of this writing, tentative agreements have been reached between the Mayor and a coalition of City labor leaders regarding layoffs of City employees. The layoff date has been extended to June 11, 2010. Once the tentative agreements are finalized, employees of each union must vote to ratify the agreement, which may take several weeks.
In addition, the Mayor has announced additional budget reduction targets for departments. The Commission has been requested to make an additional $11,500 in cuts.
2. Investigation and enforcement program.
Since its last regular meeting on March 8, 2010 the Commission has received two new complaints. There are currently 16 complaints in the Commission’s jurisdiction.
| Category | # of Complaints |
|---|---|
| Campaign Finance | 5 |
| Conflict of Interest | 5 |
| Governmental Ethics | 1 |
| Lobbyist Ordinance | 0 |
| Campaign Consultant Ordinance | 0 |
| Sunshine Ordinance | 5 |
| TOTAL | 16 |
3. Campaign finance disclosure program.
a. Filing deadline. The most recent filing deadline occurred on March 22, 2010 for the First Pre-Election statement, which covers through the reporting period ending March 17, 2010. On April 6, staff sent out Second Non-Specific Written Notices (second notice of delinquent filing) to seven candidates/committees who did not file required campaign statements by the March 22 deadline. These seven candidates/committees have been posted to the Non-Responsive Filers List, which can be found on the Commission’s website.
Staff continues to answer questions from and conduct outreach to candidates and other committee representatives about campaign finance filing obligations.
b. Collection of late filing fees and contribution forfeitures. Campaign finance collections as of April 7 for FY 09-10 totaled $53,963, based on filings made during previous fiscal years and the current fiscal year. By comparison, campaign finance collections as of April 7 in prior fiscal years were as follows:
| Fiscal year | Collections by April 7 | Total collections in FY |
|---|---|---|
| 02-03 | $25,319 | $49,322 |
| 03-04 | $43,552 | $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 |
| 08-09 | $31,681 | $47,776 |
The $53,963 amount is based on prior assessments as follows:
| FY when assessed | Amount collected in 09-10 |
|---|---|
| 04-05 | $8,812.50 |
| 05-06 | $959.88 |
| 06-07 | $480.00 |
| 07-08 | $3,683.75 |
| 08-09 | $27,858.68 |
| 09-10 | $12,168.08 |
| Total: | $53,962.89 |
FY 08-09 waivers, as well as waivers from past years provided for comparison, are as follows:
| FY when assessed | Amount assessed | Amount waived during 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 | $322,529 | $107,176 |
| 09-10 | $139,635 | $29,438 |
To date, the outstanding balance of late fees assessed from the current and previous years, including $54,626 in fees that have been referred to the Bureau of Delinquent Revenues, is $200,131, up from $192,047 as last reported.
The current outstanding balance of contribution forfeitures assessed as a result of the defective reporting of contributor information is $14,714, as last reported. The $14,714 amount consists of forfeitures from the 2005-2006 filing periods and does not include forfeiture assessments from the 2008 filing period.
Late fees & Forfeitures – 4.7.10 quarterly update
Late fees – Table 1
| # | Name | Filer ID | Current balance ( in $) | Status (blank = not yet past-due) |
|---|---|---|---|---|
| 1 | Asian Pacific Democratic Club PAC | 931558 | 14,416.98 | Waiver requested |
| 2 | Barbara Lopez for School Board | 1312265 | 384.00 | Past-due |
| 3 | Bill Barnes For District 5 | 1265969 | 3,110.00 | Collections |
| 4 | Bruce G. Windrem | PEN1188 | 30.00 | Past-due |
| 5 | California Nurses Association PAC | 780657 | 3,370.00 | Waiver requested |
| 6 | Calvin Louie for Community College Board | 1228806 | 10.00 | Past-due |
| 7 | Care Not Cash | 1244505 | 5,331.00 | Collections |
| 8 | Coalition to Elect Chris Jackson to Community College Board | 1302351 | 883.60 | Payment schedule ($433.60); Past-due ($450) |
| 9 | Coalition to Elect Kim-Shree Maufas 4 School Board | 1284567 | 3,736.33 | Waiver requested |
| 10 | Coleman Action Fund for Children Committee | 1311766 | 6,265.00 | Waiver requested |
| 11 | Committee to Elect Claudine Cheng for District 3 Supervisor | 1302226 | 5,772.50 | Waiver requested |
| 12 | Committee to Elect M. Valle for Treasurer | 1278937 | 5,525.00 | Collections |
| 13 | Committee to Elect Rebecca Silverberg | 1220430 | 21,086.00 | Collections |
| 14 | Committee to Elect Vilma Guinto-Peoro Supervisor District #2 | 1291394 | 10.00 | Collections |
| 15 | Committee to Re-Elect Dr. Anita Grier | 1243852 | 350.00 | Waiver requested |
| 16 | Committee to Re-Elect Mirkarimi ‘08 | 1304606 | 565.00 | Waiver requested |
| 17 | Cooperation | PEN916 | 420.00 | Collections |
| 18 | Debra Walker for Supervisor – 2010 | 1318110 | 670.00 | Waiver requested |
| 19 | DeNunzio for Supervisor | 1303336 | 5,985.00 | Waiver requested |
| 20 | Edgar "David" Parker, Jr. | PEN608 | 200.00 | Past-due |
| 21 | Elect Anthony Carrasco Sheriff | PEN1395 | 100.00 | Past-due |
| 22 | Friends of Own O’Donnell | 1307894 | 10,950.00 | Waiver requested |
| 23 | Friends of Phil Ting | 1286818 | 30.00 | |
| 24 | Housing Rights Association | 1245525 | 100.00 | Settlement payment schedule since 2006 |
| 25 | James Ryan | PEN1293 | 100.00 | Past-due |
| 26 | Jill Wynns for School Board | 961189 | 380.00 | Past-due |
| 27 | Jim Meko for District 6 Supervisor 2010 | 1318471 | 380.00 | Waiver requested |
| 28 | Johnnie Carter for Community College Board | 1226264 | 7,215.00 | Collections ($6,595); Past-due ($620) |
| 29 | Josh H. Wolf | PEN1391 | 180.00 | Past-due |
| 30 | Joshua Kriesel | PEN1289 | 100.00 | Past-due |
| 31 | Mak 06 | 1287595 | 490.00 | Past-due |
| 32 | Malia Cohen For Supervisor 2010 | 1321410 | 130.00 | Waiver requested |
| 33 | Mandelman for Supervisor 2010 | 1318949 | 420.00 | Waiver requested |
| 34 | Micheas Herman | PEN788 | 100.00 | Collections |
| 35 | Myrna Viray Lim for Supervisor | 1256697 | 3,855.00 | Collections |
| 36 | Myrna Lim for District 11 Supervisor | 1306882 | 1,425.00 | Collections ($1,180); Past-due ($245) |
| 37 | No Military Recruitment in Our Schools – No on V | 1308856 | 2,807.60 | Waiver requested |
| 38 | Noe Valley Democratic Club | 963103 | 945.00 | Waiver requested |
| 39 | Omar Khalif for School Board | 1287030 | 1,800.00 | Collections |
| 40 | Pat Lakey for Supervisor District 7 | 1255357 | 2,225.00 | Waiver requested in 2004 |
| 41 | People for Tony Hall | 1298419 | 735.00 | Payment schedule |
| 42 | Ramiro Maldonado, Jr. | PEN1291 | 100.00 | Past-due |
| 43 | Rodney Hauge | PEN593 | 100.00 | Past-due |
| 44 | Rodney Hauge | PEN1084 | 100.00 | Past-due |
| 45 | San Franciscans for Budget Reform: Yes on A | 1321920 | 360.00 | Waiver requested |
| 46 | San Franciscans for Fair & Honest Government | 1258209 | 4,659.22 | Collections |
| 47 | San Francisco Housing Fund – Yes on B | 1306922 | 105.00 | Past-due |
| 48 | San Francisco Labor Council – Labor & Neighbor | 941562 | 7,847.43 | Waiver requested |
| 49 | San Francisco Labor & Neighbor Member Education/Political Issues Committee | 970630 | 17,377.38 | Waiver requested |
| 50 | San Francisco Small Business Advocates | 1226595 | 7,500.00 | Waiver requested |
| 51 | San Francisco Taxpayers Union Political Action Committee | 1280589 | 4,200.00 | Waiver requested |
| 52 | San Francisco Women's Political Committee | 1243711 | 27,328.41 | Payment schedule requested ($26,373.41); Collections ($955) |
| 53 | Service Employees International Union Local 1021 Issues PAC | 1296947 | 970.00 | Waiver requested |
| 54 | SF Forward sponsored by San Francisco Chamber of Commerce (formerly San Francisco Chamber of Commerce 21st Century Committee) | 891575 | 980.00 | |
| 55 | SEIU United Healthcare Workers West PAC | 747285 | 3,540.00 | Waiver requested |
| 56 | Steve Feinstein | PEN1279 | 50.00 | Past-due |
| 57 | Steven Moss for District 10 Supervisor 2010 | 1321439 | 60.00 | Past-due |
| 58 | United Educators of San Francisco Committee on Political Education | 822448 | 10,400.00 | Waiver requested |
| 59 | Walter D. Armer | PEN1287 | 100.00 | Past-due |
| 60 | Yes on C, Alcatraz Conversion Project | 1302041 | 1,766.00 | Payment schedule |
| Total: | 200,131.45 |
Forfeitures – Table 2 [1]
| # | Name | Filer ID | Current balance ( in $) | Status (blank = not yet past-due) |
|---|---|---|---|---|
| 1 | Bayard Fong for Board of Education | 1290444 | 720.00 | Waiver requested |
| 2 | Dudum for Supervisor 2006 | 1287197 | 240.00 | Waiver requested |
| 3 | SF Forward sponsored by San Francisco Chamber of Commerce (formerly San Francisco Chamber of Commerce 21st Century Committee) | 891575 | 8,624.00 | |
| 4 | Truth on Prop H – Concerned Citizens Against Prop H, Sponsored by: Small Property Owners of San Francisco | 1292084 | 5,130.00 | |
| Total: | 14,714.00 |
c. Status of accounts to San Francisco Bureau of Delinquent Revenues (BDR). The following chart provides details on pending accounts referred to BDR:
| # | 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 | Johnnie Carter for Community College Board | 1226264 | Johnnie Carter | 6/16/06 | $9,520.00 | $6,595.00 | $6,595.00 |
| 3 | Micheas Herman | PEN788 | Micheas Herman | 6/26/06 | $100.00 | $100.00 | $100.00 |
| 4 | San Franciscans for Fair & Honest Government | 1258209 | Erik Howell | 10/20/06 | $4,659.22 | $4,659.22 | $4,659.22 |
| 5 | Myrna Viray Lim for District 11 Supervisor | 1256697 | Jia Jun Chen | 4/27/07 | $3,855.00 | $3,855.00 | $3,855.00 |
| 6 | Committee to Elect M. Valle for Treasurer | 1278937 | Manuel B. Valle | 6/14/07 | $5,525.00 | $5,525.00 | $5,525.00 |
| 7 | Committee to Elect Vilma Guinto-Peoro Supervisor District #2 | 1291394 | Vilma Guinto-Peoro | 6/18/07 | $10.00 | $10.00 | $10.00 |
| 8 | Bill Barnes for District 5 | 1265969 | Alix Rosenthal | 1/3/08 | $3,120 | $3,110 | $3,110 |
| 9 | Care Not Cash | 1244505 | Ronald Jin | 2/29/08 | $5,331 | $5,331 | $5,331 |
| 10 | Omar Khalif for Board of Educ. | 1287030 | Omar Khalif | 7/30/09 | $1,800 | $1,800 | $1,800 |
| 11 | Myrna Lim for District 11 Sup | 1306882 | Myrna Lim | 7/30/09 | $1,180 | $1,180 | $1,180 |
| 12 | Gregory Stephens | PEN196 | Gregory Stephens | 3/31/05 | $420 | $420 | $420 |
| 13 | San Francisco Women’s Political Committee | 1243711 | Giselle Barry | 5/16/06 | $1,906 | $50 | $50 |
| 14 | San Francisco Women’s Political Committee | 1243711 | Giselle Barry | 8/24/07 | $905 | $905 | $905 |
| TOTAL | $54,626.22 |
d. Electronic filing. On April 30, 2009 staff provided notice to committees subject to the electronic filing requirements under section 1.112(b) that they were required to file FPPC Forms 461 (Independent Expenditure Committee and Major Donor Committee Campaign Statement) and 465 (Supplemental Independent Expenditure Report) in electronic format starting July 1, 2009. Electronically filed forms and data are made available to the public on the Ethics Commission’s web site. The electronic filing requirement is in addition to the paper filing requirement. Forms 461 and 465 were added to the San Francisco Electronic Disclosure System (SFEDS) through the Commission’s contract with Netfile.
4. Revenues report.
For FY 09-10, the Commission is budgeted to generate $50,000 in revenues. As of April
5, 2010, the Commission received $93,324 as summarized below. The figure represents collection of approximately 186 percent of expected revenues for FY 09-10.
Revenues Received as of April 5, 2010:
| Source | Budgeted Amount FY 09-10 | Receipts |
|---|---|---|
| Lobbyist Fees | $8,000 | $22,662 |
| Other Ethics General | $1,000 | $173 |
| Campaign Finance Fines | $22,000 | $52,143 |
| Campaign Consultant Fees | $15,000 | $14,900 |
| Lobbyist Fines | $1,000 | $400 |
| Statements of Economic Interests Fines | $1,000 | $1,380 |
| Other Ethics Fines | $1,000 | $1,565 |
| Campaign Consultant Fines | $1,000 | $100 |
| Total | $50,000 | $93,324 |
5. Public financing/Campaign finance audit program.
Staff continues to review applications for public funds. As of April 5, the Commission disbursed a total of $97,840 in public funds to five eligible candidates. Staff is also working on completing audits of candidates who received public funding for the November 2008 election.
On March 3, staff conducted a workshop for candidates running for county central committee seats in June 2010. On May 12, staff will conduct a workshop for candidates running for office in November 2010.
6. Lobbyist program.
As of April 1, 2010, 39 individual lobbyists were registered with the Commission. In the FY 09-10, $22,662 in lobbyist fees and $400 in fines have been collected, for a total of $23,062.
The March 2010 reporting deadline is April 15, 2010.
7. Campaign Consultant program.
As of April 7, 2010, twenty-seven campaign consultants are active and registered with the Commission. $14,100 in registration fees and $850 in late fines have been collected in the 2009-2010 fiscal year. The next quarterly report is due Tuesday, June 15, 2010. Staff will send reminder notices to the campaign consultants two weeks prior to the deadline.
8. Statements of Economic Interests.
Reminder notices were sent out on March 29 to Filing Officers notifying them of upcoming SEI-related deadlines such as the annual April 1 deadline for the Statement of Economic Interests (SEIs) and the Sunshine Ordinance Declaration. On March 29 and April 8, Filing Officers were also notified of their Filing Officer Report deadline.
From March 26 to April 8, approximately 880 SEI-related forms were filed to the Ethics Commission. Between March 26 and April 6, 337 of the SEI, Sunshine Ordinance Declaration, and Certificate of Ethics Training filings have been entered into the San Francisco Electronic Disclosure System. Staff continues to work on processing the filings.
9. Outreach and Education.
On March 3, 2010 staff provided a County Central Committee Candidates’ Training for candidates running for county central committee seats in the June 2010 election.
The Ethics Commission will continue to offer trainings on Statements of Incompatible Activities to City departments.
The following trainings are the currently scheduled in-person trainings for 2010:
Candidates’ Training: May 12, July 15, and August 19
Understanding Expenditure Ceilings: September 21
In addition to in-person trainings, the staff has produced and posted the various web trainings on the Ethics Commission website under “Education.” The following trainings are currently available on the website:
Training for Treasurers of Non-Candidate Recipient Committees (63 views as of April 7, 2010)
Building Inspection Commission, Access Appeals Commission, Board of Examiners and Unreinforced Masonry Building Appeals Board SIA Training (109 views as of April 7, 2010)
Ethics Training for City Employees (105 views as of April 7, 2010)
On March 15, staff met with a delegation of 23 visitors from the province of Liaoning, China. The delegation, sponsored by the Triway International Group, discussed ethics issues and investigations.
The Cross Culture Exchange Corporation has asked two members of staff to participate in a four-day training program for approximately 200 employees of the Beijing Municipal Development and Reform Commission and the Beijing Discipline Inspection and Supervision Bureau. The focus of the training program, which tentatively will take place in June or July, is combating corruption in government.
Respectfully submitted,
_________________________
John St. Croix
Executive Director
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