City and County of San Francisco
Ethics Commission

Benedict Y. Hur, Chairperson
John St. Croix, Executive Director

Report prepared by:
Catherine Argumedo

Date Issued: February 25, 2013

CAMPAIGN CONSULTANT FILINGS FOURTH QUARTER 2012

I. Introduction

In November 1997, San Francisco voters approved the Regulation of Campaign Consultants Ordinance (“Ordinance”), San Francisco Campaign and Governmental Conduct Code Sections 1.500-1.540.  The Ordinance requires persons who earn $1,000 or more per year for campaign consultant services to register with the Ethics Commission and file quarterly activity reports. 

The fourth quarter activity reports were due on December 17, 2012 and covered the filing period beginning September 1, 2012 and ending November 30, 2012.

II. Comparative Data

The level of campaign consultant activity has fluctuated since the first filing in June 1998 (the second quarter of 1998).  The chart below compares data compiled pertaining to campaign consultant activity since implementation of the Ordinance.  As indicated, the level of campaign consultant activity generally increases or decreases depending on 1) whether an election is held and 2) the number and type of local items on the ballot.

III. The Campaign Consultant Ordinance

The Ordinance defines “campaign consultant” as a person or entity that receives or is promised $1,000 or more in a calendar year for providing either of the following services:

“Campaign Management,” defined as conducting, coordinating or supervising a campaign to elect, defeat, retain or recall a local candidate, or to adopt or defeat a local ballot measure, including but not limited to:

1. Hiring or authorizing the hiring of campaign staff and consultants; or
2. Spending or authorizing the expenditure of campaign funds; or
3. Directing, supervising or conducting the solicitation of campaign contributions; or
4. Selecting or recommending vendors or subvendors of goods or services for the campaign.

OR

“Campaign Strategy,” defined as planning for the election, defeat, retention or recall of a local candidate, or for the adoption or defeat of a local ballot measure, including not but limited to:

1. Producing or authorizing the production of campaign literature and print and broadcast advertising; or
2. Seeking endorsements of organizations or individuals; or
3. Seeking financing; or
4. Advising on public policy positions.

Employees of campaign consultants do not themselves qualify as campaign consultants.  However, persons and entities that subcontract with a campaign consultant to provide campaign consulting services and that receive or are promised $1,000 or more in a calendar year do qualify as campaign consultants.  Similarly, employees of campaigns who engage in campaign management or campaign strategy and who are promised or receive $1,000 or more in a calendar year also qualify as campaign consultants.

Campaign consultants are required to report only activity associated with local candidates or local ballot measures.  For purposes of the Ordinance, “candidate” means:  (1) a person who has taken affirmative action to seek nomination or election to local office, or (2) a local officeholder who has taken affirmative action to seek nomination or election to any elective office, or (3) a local officeholder who is the subject of a recall election.

“Local officeholder” means the following elected officers:  Mayor, Members of the San Francisco Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, Members of the Board of Education of the San Francisco Unified School District, and Members of the Governing Board of the San Francisco Community College District. 

“Measure” means a local referendum, or a local ballot measure, whether or not it qualifies for the ballot.

The Commission staff has compiled the information filed by campaign consultants for the fourth quarter of 2012 in the attached tables.  All amounts reported by campaign consultants have been rounded to the nearest whole dollar.

IV. Description of Quarterly Report Tables

Table 1:  Total Reported Activity (September 1, 2012 – November 30, 2012)

Table 1 summarizes all reported activity by campaign consultants for the fourth quarter of 2012.  Filers are listed in alphabetical order.  The total payments promised by clients and any political contributions or gifts to officeholders made by the filers are also reported.

Table 2:  Client Payment Report

Filers are required to report “economic consideration” promised by or received from clients in exchange for campaign consulting services during the applicable reporting period.  Economic consideration includes payments, fees, commissions, and reimbursements for expenses, gifts or anything else of value. 

Table 2 lists the name of the filer in alphabetical order, the filer’s clients, the services performed for that client, the payment promised by the client in the reporting period, and the payment actually received.  The table also indicates the total payments promised or received by all filers. 

The payments promised by all clients to filers during the fourth quarter of 2012 totaled $1,759,850.  The payments received by all filers from clients during the fourth quarter of 2012 totaled $1,620,836.

Table 3:  Political Contributions

Filers must report each political contribution of $100 or more to a candidate for local office, a committee controlled by a local officeholder or a candidate for local office, or a ballot measure committee whether or not the committee is controlled by a local officeholder or a candidate for local office.  Filers must report contributions of $100 or more made or delivered by the filer, or made by the filer’s client at the filer’s behest, or for which the filer acted as an agent or intermediary during the reporting period. 

This chart indicates the political contributions made by campaign consultants during the reporting period.  Filers reported a total of $5,085 in political contributions during the fourth quarter of 2012. 

Vendor/Subvendor Payments

Each filer must report economic consideration promised to or received by the filer during the reporting period from vendors and sub-vendors who provide campaign-related goods or services to the filer’s current clients. No filers reported vendor or sub-vendor payments during this reporting period.

Gifts to Local Officeholders

Each filer must report any gifts promised or made by the filer to a local officeholder during the reporting period which in the aggregate total $50 or more.  No filers reported any gifts promised or made to a local officeholder during this reporting period.

Employment of Local Officeholders and City Employees

If the filer employs a local officeholder or City employee during the reporting period, the filer must report the name of the officeholder or City employee and describe the nature of the employment by the filer.  In addition, if a client of the filer employs a local officeholder or City employee at the behest of the filer during the reporting period, the filer must report the name of the client, the name of each officeholder or City employee hired by the client, and the nature of the employment by the client.  No filers reported any employment of a local officeholder or City employee during this reporting period.

City Contracts Obtained During the Reporting Period

If the filer obtains a City contract during the reporting period and the contract is approved by a local officeholder who is the filer’s client, the filer must report the contract, the date the contract was obtained, and the name of the officeholder who approved the contract.  No filers reported obtaining a City contract during the reporting period.

Appointment to Public Office

If the filer is appointed to public office during the reporting period and the appointment is made by a local officeholder who is the filer’s client, the filer must report the public office to which the filer was appointed, the date of the appointment, and the name of the officeholder who appointed the filer.  No filers reported being appointed to public office by a client during the reporting period.