EXECUTIVE DIRECTOR’S REPORT
TO THE SAN FRANCISCO ETHICS COMMISSION
For the Meeting of October 22, 2012
1. November 6, 2012 election.
The odd-numbered districts for the Board of Supervisors and four seats each for the Board of Education and Community College Board will be voted on in the November 6, 2012 election. Twenty-six candidates for the Board of Supervisors, eleven candidates for the Board of Education and ten candidates for the Community College Board have qualified for the ballot.
Twelve candidates for the Board of Supervisors have been certified as eligible to receive public funds. As of October 16, the Commission disbursed a total of $769,345 to the 12 qualified candidates. Information regarding the amounts disbursed to each candidate and the amounts privately raised and spent by each candidate is posted to data dashboards on the Commission’s website.
2. Investigation and enforcement program.
As of October 16, 2012, there are 24 pending formal complaints alleging violations within the Ethics Commission’s jurisdiction. Out of the nine complaints alleging Sunshine Ordinance violations, the resolution of seven is pending the approval of the Commission’s Sunshine Ordinance regulations.
| Category | # of Complaints |
|---|---|
| Campaign Finance | 11 |
| Conflict of Interest | 2 |
| Governmental Ethics | 0 |
| Lobbyist Ordinance | 0 |
| Campaign Consultant Ordinance | 2 |
| Sunshine Ordinance | 9 |
| TOTAL | 24 |
3. Campaign finance disclosure program.
a. Filing deadline. The most recent filing deadline was on October 5, 2012 for the First Pre-Election statement, which covers the reporting period ending September 30, 2012. Four committees still have not filed their required statements. They have been sent a Non-Specific Written Notice. In the interim, staff continues to receive and process campaign statements for other filing deadlines. Staff continues to answer questions from and conduct outreach to candidates and other committee representatives about campaign finance filing obligations. The next filing deadline is October 25, 2012 for the Second Pre-Election Statement, which covers the reporting period ending October 20, 2012.
b. Collection of late filing fees and contribution forfeitures. In the FY12-13, as of October 16, the Commission collected a total of $18,169 in campaign finance late fees and forfeitures. Outstanding late fees and forfeitures total $47,366, of which waiver requests are pending for $320; and $24,559 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 Officer | Date referral effective | Original amount referred | Last month’s balance | Current balance (Changes are in bold) |
|---|---|---|---|---|---|---|---|
| 1 | Johnnie Carter for Community College Board | 1226264 | Johnnie Carter | 6/16/06 | $9,520 | $6,595 | $6,595 |
| 2 | Committee to Elect M. Valle for Treasurer | 1278937 | Manuel B. Valle | 6/14/07 | $5,525 | $5,525 | $5,525 |
| 3 | Omar Khalif for Board of Educ. | 1287030 | Omar Khalif | 7/30/09 | $1,800 | $1,775 | $1,775 |
| 4 | Myrna Lim for District 11 Sup | 1306882 | Myrna Lim | 7/30/09 | $1,180 | $1,180 | $1,180 |
| 5 | Myrna Lim for District 11 Sup | 1256697 | Jia Jun Chen | 8/20/07 | $3,855 | $2,775 | $2,775 |
| 6 | San Francisco Women’s Political Committee | 1243711 | Giselle Barry | 5/16/06 | $1,906 | $50 | $50 |
| 7 | Johnny K. Wang JKW Political Consulting |
100716 | Johnny K. Wang | 4/19/11 | $4,000 | $4,000 | $4,000 |
| 8 | Coalition to Elect Chris Jackson to Community College Board | 1302351 | Chris Jackson | 6/17/11 | 2,658.90 | $2,658.90 | 2,658.90 |
| TOTAL | $24,559 |
4. Revenues report.
For FY 12-13, the Commission was budgeted to generate $100,000 in revenues. As of October 16, 2012, the Commission received $ 19,957 as summarized below. The figure represents collection of approximately 19 percent of expected revenues for FY 12-13.
Revenues received as of October 16, 2012:
| Source | Budgeted Amount FY 12-13 | Receipts |
|---|---|---|
| Lobbyist Fees | $27,000 | $3,000 |
| Other Ethics General | $1,000 | $80 |
| Campaign Finance Fines | $50,000 | $13,977 |
| Campaign Consultant Fees | $18,000 | $1,550 |
| Lobbyist Fines | $1,000 | $550 |
| Statements of Economic Interests Fines | $1,000 | $100 |
| Other Ethics Fines | $1,000 | $600 |
| Campaign Consultant Fines | $1,000 | $100 |
| Unallocated | $0 | $0 |
| Total | $100,000 | $19,957 |
5. Lobbyist program.
As of October 16, 2012, 90 individual lobbyists were registered with the Commission. For
FY 12–13, as of October 16, 2012, total revenues collected were $3,550, including $3,000 in lobbyist registration fees and $550 in late fines. The filing deadline for the next lobbyist disclosure statement is November 15, 2012.
6. Campaign Consultant program.
As of October 16, 2012, thirty-seven campaign consultants are registered with the Commission. $1,550 in registration fees and $100 in fines have been collected so far during the 2012-2013 fiscal year. The next campaign consultant quarterly report deadline is Monday, December 17, 2012. Staff will send reminders to all active campaign consultants two weeks before the deadline.
7. Outreach and Education.
On October 1, staff met with a delegation from Fujian Province, China. The 16 delegates, sponsored by the Triway International Group, are charged with handling discipline and ethics issues for government employees at the provincial and local levels. They were in the U.S. to gain a better understanding of government ethics and anti-corruption practices in the U.S.
On October 8, staff made a presentation to an elections class at the USF School of Law regarding the public financing system. Staff discussed some of the changes in the law that were brought about by the Supreme Court’s decision in Arizona Free Enterprise Club’s Freedom Club PAC, et al. v. Bennett, and the concerns that were raised at interested persons meetings after the first implementation of the public financing program for Mayoral candidates in November 2011.
The Commission continues to offer trainings on Statements of Incompatible Activities to City departments.
The following are web video trainings available on the Commission website:
- Department of Building Inspection SIA Training
- Candidates’ Training (new version posted on September 4)
- Controller’s Office SIA Training
- Department on the Environment SIA Training
- Governmental Ethics Ordinance Training for City Employees
- Lobbyist Ordinance Training
- Medical Examiner’s Office SIA Training
- Non-Candidate Recipient Committee Training
- Public Utilities Commission SIA Training
- SIA Template Language Training
9. Records Requests
The Commission received eleven public records requests since the last meeting, nine of which required immediate disclosure of the records. Immediate disclosure requests require a response by close of business on the day following the day of the request. Otherwise, public records requests require a response within 10 days. Immediate disclosure requests cause staff to suspend their regular duties, no matter how important, to research and compile records by the deadline. Commission staff has responded to 414 public records requests in the past five years, 71% of which required immediate disclosure of the records.
Respectfully submitted,
_________________________
John St. Croix
Executive Director
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