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Executive Director’s Report – May 10, 2021

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Date: May 10, 2021
To: Members of the Ethics Commission
From: LeeAnn Pelham, Executive Director
Subject: Agenda Item 7 – Executive Director’s Report for May 2021

Summary

This report provides various programmatic and operational highlights since the last Executive Director’s Report.

Action Requested

No action is required by the Commission, as this item is for informational purposes only.

Controller’s Office Fifth Public Integrity Report  

As reported under Agenda Item 5 on this month’s meeting Agenda, the Controller’s Office has issued the fifth in its series of reports in the wake of the City Attorney’s investigation stemming from alleged wrongdoing by former Public Works Director Mohammed Nuru, “Refuse Rate-Setting Process Lacks Transparency and Timely Safeguard.” These reports have been conducted in consultation with the City Attorney’s Office to assess selected city policies and procedures to evaluate their adequacy in preventing abuse and fraud.

Mark de la Rosa of the Controller’s Office will present findings and recommendations of the April 14th report at the Commission’s May 14 meeting. Any recommendations identified in these reports that relate to areas of the Commission’s jurisdiction are being incorporated into the Commission’s ongoing policy work.

Update on Annual Statements of Economic Interests (Form 700) Filings

As reported last month, Annual Statements of Economic Interests (Form 700s) for City officers and designated employees were due April 1, 2021. Forms certifying completion of Annual Ethics and Sunshine Ordinance training required to be filed by City officials were also due by that date. As reported last month, over 94 percent of the 500+ elected Officials, Commissioners, Board Members, and Department Heads who were required to electronically file their Form 700 and training certifications with the Ethics Commission had done so by the April 1 filing deadline.

More than 3,000 other filers designated in the City’s Conflict of Interest Code were required to file their disclosure statements on paper with their departments.

Information about late filers can be accessed at any time on the Commission’s website in the following ways:

  • Electronic Form 700 filings by Elected Officials, Department Heads, and Board and Commission Members can be accessed by viewing filed statements, searching data within statements or viewing and downloading the content of datasets in machine readable formats.
  • Departmental Filing Officer Late Filer Reports identify the names and positions of any filer who was required to file but failed to do so by the statutory deadline. Per San Francisco Campaign and Governmental Conduct Code Section 3.1-104, on or before April 10th of each year, departmental filing officers are required to submit a written report to the Ethics Commission with the names of persons required to file a Form 700 Statement of Economic Interests with that filing officer but failed to do so by the statutory deadline. For the latest information about a filer’s filing status or to obtain a copy of a filed Form 700, Departmental Filing Officer contact information has been updated on the Commission’s website.

As of May 6, 99 percent of all electronic filers had submitted their required filings, with three Form 700s remaining outstanding, and two annual Ethics and Sunshine Training Certifications not yet filed. Commission Staff have continued to be in communication with these filers regarding their overdue filings.

Form 700s that are filed late are subject to a late fee of $10 per day up to a maximum of $100. In addition, the Ethics Commission and the state Fair Political Practices Commission may take steps to initiate an enforcement action against a filer who is more than 30 days late in filing their Form 700 Statement of Economic Interest. Under state law, failure to file a Form 700 can subject the filer to a fine of up to $5,000 per violation. In addition, willful failure to file may be a misdemeanor, and non-filers may also be subject disciplinary action under City law.

Hiring News

As shared in my April Executive Director’s report, we welcomed five new Staff members to the Ethics Commission during the month of April: Elaine Bozonelos as our Client Support Specialists in the Engagement & Compliance Division; Michael Canning as our Policy Analyst in the Policy Division; and Alvin Situ as our Information Systems Business Analyst in the Electronic Disclosure & Data Analysis (EDDA) Division. Elaine, Michael and Situ joined the staff on April 5 and were introduced to you at the Commission’s monthly meeting on April 9.

On April 19 we also welcomed Linda Fong as our new Audit and Compliance Review Manager to lead the Audit Division; and Eamonn Wilson as our new Investigator in the Enforcement Division, and I look forward to introducing them to you at your meeting on May 14.

Over the past month we have been conducting a comprehensive onboarding for our new staff to orient them to the Commission and its operations and programs.

New Job Postings.  Since the last Commission meeting we have also now posted the job announcement to fill the vacant Senior Investigator and Legal Analyst position in the Enforcement Division and are continuing to work with our Department of Human Resources consultant to finalize posting of the vacant Auditor position as soon as possible.

Revenues Reports

The table below reflects revenues received by the Commission during the fiscal year that began on July 1, 2020, as of May 7, 2021.

Summary of FY20-21 Revenues

  FY20-21 Budgeted Amount FY20-21 Receipts as of May 7, 2021
Lobbyist Registration Fees $85,000 $107,500
Lobbyists Fines $2,000 $1,800
Campaign Consultants Fees $7,000 $5,600
Contact Lobbyist and Other e.g., copies made by public $2,450 $0
Statement of Economic Interests Filings-Late Fees $1,250 $1,030
Campaign Consultant Fines $2,000 $1,900
Campaign Finance Fines (includes late fees and forfeitures) $50,000 $22,385
Ethics, Other/ Administrative Fines Levied by the Commission $7,500 $32,318
Major Developer Fee $0 $500
Total $157,200 $173,033

I look forward to answering any questions or providing further information at the upcoming Commission meeting.

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