Ethics Commission
City and County of San Francisco

Executive Director’s Report – September 13, 2010

Untitled Document

EXECUTIVE DIRECTOR’S REPORT
TO THE SAN FRANCISCO ETHICS COMMISSION
For the Meeting of September 13, 2010   

1. Public Financing of Candidates for the Board of Supervisors. 

Under section 1.144(e) of the CFRO, on the 59th day before the election (Saturday, September 4, 2010), the Executive Director must make an initial determination of the Per Candidate Available Disbursement Limit (PCADL) for candidates who qualify to receive public financing.  The PCADL is determined by dividing the total amount of non-administrative funds in the Election Campaign Fund by the number of qualified candidates (candidates whose eligibility status has yet to be finalized are assumed to be qualified candidates for the purpose of determining the PCADL).  The total amount of non-administrative funds means the amount that existed in the Fund nine months before the election plus any funds deposited into the Fund between that date and the 59th day before the election (minus administrative costs).  I determined that the PCADL for this election cycle is $248,166, which will increase should any pending applications for public financing be denied.  I have so informed the Controller, as required by law.

As of September 8, 2010, 22 candidates for the Board of Supervisors have been certified as eligible to receive public funds. The Commission disbursed a total of $890,932 in public funds to the 22 eligible candidates.

The last day for candidates to submit an application to qualify for public financing was August 24, 2010.  Three candidates have not been certified to receive public funds.  Two of these three candidates have appealed my determination to the Commission.  These appeals will be considered at the Commission’s September 13 meeting. 

2. Investigation and enforcement program.

Since its last regular meeting on August 9, 2010 the Commission has received five new complaints and initiated one complaint.  There are currently 25 pending complaints in the Commission’s jurisdiction.

Category# of Complaints
Campaign Finance8
Conflict of Interest6
Governmental Ethics0
Lobbyist Ordinance0
Campaign Consultant Ordinance2
Sunshine Ordinance9
TOTAL25

3. Campaign finance disclosure program.

a. Filing deadline.  The most recent filing deadline occurred on August 2 for the First Semi- Annual statement, which covers through the reporting period ending June 30, 2010.  On August 26, staff sent out Second Non-Specific Written Notices to eleven candidates/committees for failing to have filed campaign statements which were due August 2.  As of September 7, seven of these candidates/committees remain on the Commission’s Non-Responsive Filers List. 

The next filing deadline is October 5, 2010 for the First Pre-election statement, which covers through the reporting period ending September 30.  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.  In the FY 10-11, as of August 31, the Commission collected a total of $10,235 in campaign finance late fees and forfeitures.  Outstanding late fees and forfeitures total $160,185.  Of the $160,185 in outstanding late fees and forfeitures, waiver requests are pending for $93,080, and $28,513 is pending at the Bureau of Delinquent Revenues.   

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

1226264

Johnnie Carter

6/16/06

$9,520.00

$6,595.00

$6,595.00

2

Micheas Herman

PEN788

Micheas Herman

6/26/06

$100.00

$100.00

$0.00 [1]

3

San Franciscans for Fair & Honest Government

1258209

Erik Howell

10/20/06

$4,659.22

$4,659.22

$4,659.22

4

Myrna Viray Lim for District 11 Supervisor

1256697

Jia Jun Chen

4/27/07

$3,855.00

$3,855.00

$3,855.00

5

Committee to Elect M. Valle for Treasurer

1278937

Manuel B. Valle

6/14/07

$5,525.00

$5,525.00

$5,525.00

6

Committee to Elect Vilma Guinto-Peoro Supervisor District #2

1291394

Vilma Guinto-Peoro

6/18/07

$10.00

$10.00

$0.00 [2]

7

Bill Barnes for District 5

1265969

Alix Rosenthal

1/3/08

$3,120

$2.247.85

$2,047.85

8

Care Not Cash

1244505

Ronald Jin

2/29/08

$5,331

$4,206.00

$3,906.00

9

Omar Khalif for Board of Educ.

1287030

Omar Khalif

7/30/09

$1,800

$1,800.00

$1,775.00

10

Myrna Lim for District 11 Sup

1306882

Myrna Lim

7/30/09

$1,180

$1,180.00

$100.00

11

Gregory Stephens

PEN196

Gregory Stephens

3/31/05

$420

$420

$0.00 [3]

12

San Francisco Women’s Political Committee

1243711

Giselle Barry

5/16/06

$1,906

$50.00

$50.00

TOTAL

$28,513.07

4. Revenues report.

For FY 10-11, the Commission is budgeted to generate $78,000 in revenues.  As of September 8, 2010, the Commission received $18,931 as summarized below.  The figure represents collection of approximately 24 percent of expected revenues for FY 10-11. 

Revenues Received as of September 8, 2010:

SourceBudgeted Amount FY 10-11Receipts

Lobbyist Fees

$8,000

$2,000

Other Ethics General

$1,000

 $130

Campaign Finance Fines

$50,000

 $10,401

Campaign Consultant Fees

$15,000

 $3,850

Lobbyist Fines

$1,000

Statements of Economic Interests Fines

$1,000

Other Ethics Fines

$1,000

 $1,000

Campaign Consultant Fines

$1,000

 $1,550

 

Total

                       $78,000

 $18,931

5. Draft regulations related to complaints regarding Sunshine Ordinance and referrals from the Sunshine Ordinance Task Force.

Staff has forwarded draft regulations related to the handling of complaints regarding alleged violations of the Sunshine Ordinance and referrals from the Sunshine Ordinance Task Force.  The SOTF may have already begun consideration of the draft regulations.  Staff anticipates that the Commission will consider the draft regulations at its November 8, 2010 meeting.

6. Lobbyist program. 

As of September 1, 2010, 44 individual lobbyists were registered with the Commission.  In FY 10-11, $2,000 in lobbyist registration fees have been collected.  The August 2010 reporting period deadline is September 15, 2010.

7. Campaign Consultant program. 

As of September 7, 2010, 39 campaign consultants are active and registered with the Commission.  $3,850 in registration fees and $1,550 in late fines have been collected in the 2010-2011 fiscal year.  The next quarterly report is due Wednesday, September 15, 2010.  Staff has mailed reminder notices to all active campaign consultants and will send an e-mail reminder one week prior to the deadline.

8. Outreach and Education.

On August 19, 2010, staff provided a Candidates’ Training.  Staff scheduled two additional Candidates’ Trainings that were held on September 2 in order to accommodate candidates (and treasurers) who had not yet attended one of the four Candidates’ Trainings offered earlier this year.

On September 1, 2010, staff provided a Non-Candidate Recipient Committee Training. 

On September 3, 2010, staff posted the web video version of the Non-Candidate Recipient Committee Training on the Ethics Commission website.

On September 10, 2010, staff will meet with a 25-member delegation from Dalian City, China, whose group leader is the Deputy Director-General of the Supervision Bureau of Dalian City. The group is visiting the U.S. for an educational program on government ethics, public integrity and anti-corruption system. They will discuss with staff rules of conduct for government administrative activities; public employees’ ethics education, training and appraisal; and public oversight of government activities.

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:

Non-Candidate Recipient Committee Training:  September 16
Understanding Expenditure Ceilings:  September 21

Respectfully submitted,

_________________________
John St. Croix
Executive Director        

S:\ED Report\2010\9.13.10.doc

[1] Pursuant to a request by Commission staff, BDR abandoned collection of accounts with original delinquent balances of less than $500.

[2] Pursuant to a request by Commission staff, BDR abandoned collection of accounts with original delinquent balances of less than $500.

[3] Pursuant to a request by Commission staff, BDR abandoned collection of accounts with original delinquent balances of less than $500.

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