Ethics Commission
City and County of San Francisco

Executive Director’s Report – June 14, 2010

EXECUTIVE DIRECTOR’S REPORT
TO THE SAN FRANCISCO ETHICS COMMISSION
For the Meeting of June 14, 2010

1. Budget. 

The Mayor has issued his budget for FY10-11.  For the Ethics Commission, the operational budget is $2,208,419, which is $38,411 less than the amount we submitted.  The differences result from mandatory furlough days for staff and small cuts in materials and supplies.  The budget also calls for $1,976,494 in the Election Campaign Fund.  As reported previously, the Budget and Finance Committee of the Board of Supervisors has begun hearings on the budget for FY 10-11.  For the Ethics Commission, the first hearing will be on June 16 and the second one will be on June 23. 

2. Investigation and enforcement program.

Since its last regular meeting on May 10, 2010 the Commission has received no new complaints.  There are currently 18 complaints in the Commission’s jurisdiction.

Category# of Complaints
Campaign Finance5
Conflict of Interest6
Governmental Ethics0
Lobbyist Ordinance0
Campaign Consultant Ordinance0
Sunshine Ordinance7
TOTAL18

3. Campaign finance disclosure program.

a. Filing deadline.  The most recent filing deadline occurred on May 27 for the Second Pre-Election statement, which covers through the reporting period ending May 22, 2010.  As of June 7, four candidates/committees are delinquent in filing the Second Pre-Election statement. Staff contacted these candidates/committees by phone in addition to sending them a Non-Specific Written Notice.

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 June 8 for FY 09-10 totaled $75,302, based on filings made during previous fiscal years and the current fiscal year.  By comparison, campaign finance collections as of June 8 in prior fiscal years were as follows:

Fiscal yearCollections by June 8Total collections in FY
02-03
$48,515
$49,322
03-04
$48,932
$51,607
04-05
$182,327
$199,524
05-06
$82,632
$85,390
06-07
$112,203
$119,814
07-08
$62,451
$65,035
08-09
$45,501
$47,776

The $75,302 amount is based on prior assessments as follows:

FY when assessedAmount collected in 09-10
03-04
$15,814.50
04-05
$8,812.50
05-06
$959.88
06-07
$873.75
07-08
$4,167.36
08-09
$31,146.22
09-10
$13,528.08
Total:
$75,302.29

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

FY when assessedAmount assessedAmount 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
$154,113
$53,274

To date, the outstanding balance of late fees assessed from the current and previous years, including $32,553 in fees that have been referred to the Bureau of Delinquent Revenues, is $160,226, down from $172,496 as last reported.  Waiver requests remain pending for $87,412 of the $160,225 amount.

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 or subsequent filing periods.  Waiver requests or extensions remain pending for the $14,714 amount.
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 OfficerDate referral effectiveOriginal amount referredLast month’s balanceCurrent balance (Changes are in bold)
1
Johnnie Carter for Community College Board
1226264Johnnie Carter6/16/06
$9,520.00
$6,595.00
$6,595.00
2
Micheas Herman
PEN788Micheas Herman6/26/06
$100.00
$100.00
$100.00
3
San Franciscans for Fair & Honest Government
1258209Erik Howell10/20/06
$4,659.22
$4,659.22
$4,659.22
4
Myrna Viray Lim for District 11 Supervisor
1256697Jia Jun Chen4/27/07
$3,855.00
$3,855.00
$3,855.00
5
Committee to Elect M. Valle for Treasurer
1278937Manuel B. Valle6/14/07
$5,525.00
$5,525.00
$5,525.00
6
Committee to Elect Vilma Guinto-Peoro Supervisor District #2
1291394Vilma Guinto-Peoro6/18/07
$10.00
$10.00
$10.00
7
Bill Barnes for District 5
1265969Alix Rosenthal1/3/08
$3,120
$2.947.85
$2,647.85
8
Care Not Cash
1244505Ronald Jin2/29/08
$5,331
$5,331
$4,806.00
9
Omar Khalif for Board of Educ.
1287030Omar Khalif7/30/09
$1,800
$1,800
$1,800
10
Myrna Lim for District 11 Sup
1306882Myrna Lim7/30/09
$1,180
$1,180
$1,180
11
Gregory Stephens
PEN196Gregory Stephens3/31/05
$420
$420
$420
12
San Francisco Women’s Political Committee
1243711Giselle Barry5/16/06
$1,906
$50
$50
13
San Francisco Women’s Political Committee
1243711Giselle Barry8/24/07
$905
$905
$905

TOTAL
$32,553.07

4. Revenues report. 

For FY 09-10, the Commission is budgeted to generate $50,000 in revenues.  As of June
8, 2010, the Commission received $118,934 as summarized below.  The figure represents collection of approximately 237 percent of expected revenues for FY 09-10. 

Revenues Received as of June 8, 2010:

SourceBudgeted Amount FY 09-10Receipts
Lobbyist Fees
$8,000
$23,702
Other Ethics General
$1,000
$320
Campaign Finance Fines
$22,000
$71,794
Campaign Consultant Fees
$15,000
$16,450
Lobbyist Fines
$1,000
$400
Statements of Economic Interests Fines
$1,000
 

$1,380
Other Ethics Fines
$1,000
 

$4,788
Campaign Consultant Fines
$1,000
 

$100

Total
$50,000
$ 118,934

5. Public financing/Campaign finance audit program.

As of May 7, the Commission disbursed a total of $271,102 in public funds to 11 eligible candidates.  Staff is working on audits of candidates who received public funding for the November 2008 election.    

6. Lobbyist program. 

As of June 1, 2010, 42 individual lobbyists were registered with the Commission.  In the FY 09-10, $23,662 in lobbyist fees and $400 in fines have been collected, for a total of $24,062. 

The May 2010 reporting deadline is June 15, 2010.

7. Campaign Consultant program. 

As of June 8, 2010, thirty campaign consultants are active and registered with the Commission.  $15,800 in registration fees and $850 in late fines have been collected in the 2009-2010 fiscal year.  $750 of the late fines have been deposited into the general campaign consultant fee account.  The next quarterly report is due Tuesday, June 15, 2010.  Staff has mailed reminder notices to all active campaign consultants.

8. Statements of Economic Interests (SEIs).

Staff has responded to phone calls and emails that were made in response to the non-filer notification that was sent on May 4, 2010.  Twelve non-filer notices were re-sent due to changes of address.  Staff continues to enter in the SEI-related forms into the San Francisco Electronic Disclosure System.

9. Outreach and Education.

On May 12, 2010, staff provided a Candidates’ Training.

The Commission continues to offer trainings on Statements of Incompatible Activities to City departments. 

The following are the currently scheduled in-person trainings for 2010:
Candidates’ Training:  July 15 and August 19
GSA Medical Examiner’s Office SIA Training:  August 5
Understanding Expenditure Ceilings:  September 21

Respectfully submitted,

_________________________
John St. Croix
Executive Director       

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