Each City elective officer who approves a contract that has a value of $100,000 or more in a fiscal year must file Form SFEC-126f4 with the Ethics Commission within five (5) business days of the approval of a contract by the officer. This filing requirement applies if the contract is approved by:
- the City elective officer,
- any board on which the City elective officer serves, or
- the board of any state agency on which an appointee of the City elective officer serves.
- (Officers may delegate filing responsibilities to his or her staff)
Pursuant to San Francisco Campaign and Governmental Conduct Code section 1.126, the City elective officer nor any political committee that he or she controls may solicit or accept a campaign contribution from the following persons or entities: the party whose contract was approved; the party’s board of directors; the party’s principle officers, including its chairperson, chief executive officer, chief financial officer, chief operating officer, or any similar position; any person with an ownership interest of more than 10 percent in the party; or any subcontractor listed in the bid or contract.
The City’s contractor contribution rule prohibits a person who seeks to enter into a City contract worth $100,000 or more in a fiscal year that must be approved by City elective official from making political contributions to an individual holding a City elective office if the contract must be approved by such individual, the board on which that individual serves, or the state agency on whose board an appointee of that individual serves. This law also applies to a candidate for the office held by such individual and any committee controlled by such individual or candidate. The rule applies from the submission of a proposal for a contract until twelve months from the date the contract was approved, or the termination of negotiations for such contract.
City Elective Officer
A City Elective Officer is any of the following: Mayor, member of the Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, member of the Board of Education of the San Francisco Unified School District, or member of the Governing Board of the San Francisco Community College District.
Board of a State Agency
For the purposes of this report, the “board of a state agency” on which an appointee of a City elective officer serves is limited to the following agencies: Health Authority, Housing Authority Commission, Industrial Development Authority Board, Parking Authority, Relocation Appeals Board, and Local Workforce Investment Board.
For the purpose of this section, “contract” means any agreement or contract, including any amendment or modification to an agreement or contract, with the City and County of San Francisco, a state agency on whose board an appointee of a City elective officer serves, the San Francisco Unified School District, or the San Francisco Community College District for:
- the rendition of person services,
- the furnishing of any material, supplies or equipment,
- the sale or lease of any land or building,
- a grant, loan, or loan guarantee, or
- a development agreement
For the purpose of this section, “city contractor” means any person who contracts with, or is seeking a contract with, any department of the City and County of San Francisco, a state agency on whose board an appointee of a City elective officer serves, the San Francisco Unified School District, or the San Francisco Community College District, when the total anticipated or actual value of the contract(s) that the person is party to, or seeks to become party to, with any such entity within a fiscal year equals or exceeds $100,000.
For the purposes of this section, “approval” means the approval by the City elective officer, any board on which the City elective officer serves, or the board of any state agency on which an appointee of the City elective officer serves.
Who Must File
The City elective officer who approved the contract, whose board approved the contract, or who has an appointee on the board of a state agency that approved the contract, is generally responsible for filing Form SFEC-126f4. However, the City elective officer is not required to file the form if the clerk or secretary of the board on which the officer or appointee serves has filed the form on behalf of the board. (City elective officers may authorize a member of the individual’s staff to file the Form 126 on behalf of the individual. See Ethics Commission Regulation 1.126-4(c)).
When to File
Form SFEC-126f4 is required to be filed within the Ethics Commission within five (5) business days of the approval of a contract that has a total anticipated or actual value of $100,000 or more, or a combination or series of such contracts, amendments or modifications approved by the same City elective officer or board that has a cumulative value of $100,000 or more in a fiscal year.
How to File
- File SFEC-126f4 for a contract that will require approval by the Board of Supervisors
- File SFEC-126f4 for a contract that requires approval by other City Elective Officers (DO NOT USE THIS VERSION FOR CONTRACT APPROVAL BY BOS)
Accessing filed SFEC Form 126f4
Visit the contract approval disclosure page to access the Notification of Contract Approval forms that have been filed with the Commission.