Measure D | San Francisco Voter Information

Changes to Local Ethics Laws

Shall the City amend its ethics laws to further restrict the gifts City employees and officers may accept, expand the definition of conduct by City employees, officers and others that those laws prohibit as bribery, require additional reporting of gifts to City departments, create a uniform set of rules for nonwork activities of City employees and officers instead of rules by each department, create additional penalties for some ethics violations, require ethics training for additional City employees, and change the requirements for making future amendments to some ethics laws?

Digest by the Ballot Simplification Committee

The Way It Is Now:

City law generally prohibits City officers and employees from accepting gifts from anyone doing business with their department or who has attempted to influence them in governmental decisions. City law also prohibits bribing City officers and employees.

City departments must report any gifts they accept to the Controller, to the Board of Supervisors (Board) and on the department’s website.

Each City department sets its own policy prohibiting its officers and employees from engaging in certain activities that may conflict with their City duties.

City officers and employees who make governmental decisions must formally disclose a relationship they have with a person or entity who is the subject of a decision or who has a financial interest in the decision. There is no penalty for City officials who fail to make the disclosure.

City elected officials, commissioners and department heads must complete an annual ethics training.

Some City ethics laws were adopted by the Board and may be amended by majority vote of the Board. Other City ethics laws were enacted by voters and may be amended only by voter approval. The City Ethics Commission proposes and enforces City laws and rules governing ethics and campaign finance.

The Proposal:

Proposition D would tighten City ethics laws by:

Expanding the types and sources of gifts that City officers and employees are prohibited from accepting.
Amending the definition of bribery to prohibit City officers and employees from soliciting or accepting anything of value for themselves or a third party with the goal of influencing any government action. It would also prohibit anyone from offering a bribe to City officers and employees, including payments to third parties.
Requiring City department heads to report additional information about gifts to their department and allowing discipline for failing to meet these requirements.
Creating a uniform set of rules for all prohibited nonwork activities for City officers and employees.
Allowing for monetary penalties when City officers and employees fail to make required disclosures about their personal, professional or business relationships.
Requiring all City employees with decision-making authority to complete an annual ethics training.
Requiring voter approval or supermajority votes by both the Board and the City Ethics Commission to amend most City ethics laws.

A "YES" Vote Means: If you vote "yes," you want to tighten City ethics laws.

A "NO" Vote Means: If you vote "no," you do not want to make these changes.

Controller's Statement on "D"

City Controller Ben Rosenfield has issued the following statement on the fiscal impact of Proposition D:

Should the proposed initiative ordinance be approved by the voters, in my opinion, it would have a minimal impact on the cost of government. The proposed initiative ordinance would cost $43,000 in Fiscal Year (FY) 2023-2024 and approximately $25,000 annually.

The proposed ordinance expands rules and prohibitions on gift-giving, bribery, behested payments, and conflicts of interest for City staff, elected officials, departments, and lobbyists. The proposed ordinance also requires annual ethics trainings for City employees with decision making authority. If passed, the proposed ordinance would also require a supermajority approval from both the Board of Supervisors and the Ethics Commission to amend most City ethics laws.

The proposed ordinance would appropriate $43,000 from the General Reserve in FY23-24 consisting of $18,000 for software system changes for ethics training certification and an annual cost of $25,000 for software to develop annual training and online forms for department gift disclosures. The annual appropriation would be adjusted annually to reflect changes in the Consumer Price Index.

For context, the Ethics Commission has four training and outreach staff with a budget of $788,488 in FY 23-24. Current staff would develop and administer the new training requirements.

The cost of the proposed ordinance, should it be approved by the voters, is dependent on decisions that the Mayor and Board of Supervisors make through the budget process, as an ordinance cannot bind future Mayors and Boards of Supervisors to provide funding for this or any other purpose.

How "D" Got on the Ballot

On August 18, 2023, the Ethics Commission voted 4 to 0 to place Proposition D on the ballot.

This measure requires 50%+1 affirmative votes to pass.

Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are printed as submitted. Spelling and grammatical errors have not been corrected.

Proponent’s Argument in Favor of Proposition D

Proposition D was placed on the ballot by a unanimous vote of the San Francisco Ethics Commission in response to recent incidents involving corruption on the part of City officials and those doing business with the City. Proposition D addresses issues identified through anti-corruption investigations, provides more consistent rules across City departments, and promotes government decisions that are, and appear to be, made on a fair and impartial basis.

Gifts and Bribery: Proposition D would clarify and expand an existing rule that prohibits City officials from accepting gifts from people who have attempted to influence them and those doing business with their departments. This is accomplished, in part, by removing certain exceptions and applying the rule in additional situations. Proposition D would also clarify and expand the City's anti-bribery rule and require department heads to disclose gifts given to City departments.

Ethics Training: Proposition D would require annual ethics training for all City officials who are required to disclose their financial interests because they participate in making governmental decisions.

Incompatible Activities: Proposition D would provide standardized rules for all City officials prohibiting outside activities that conflict with their City duties, including activities that are subject to their department's control and the misuse of City resources or positions for private gain.

Disclosure of Relationships: Proposition D would allow a City official to be penalized for failing to disclose, as required by law, any personal, professional, or business relationships they have with anyone who is the subject of a government decision being made by the official.

Safeguarding Ethics Laws: Proposition D would amend chapters of the Campaign and Governmental Conduct Code to require future legislative amendments be approved by supermajorities of both the Ethics Commission and Board of Supervisors. The power of voters to amend these chapters would not be affected.

Information on all aspects of Proposition D is available at: sfethics.org/PropD

San Francisco Ethics Commission

Rebuttal to Proponent’s Argument in Favor of Proposition D

Proposition D is a bureaucratic "full employment act" to justify out-of-control spending and bloated staff at the "Ethics" Commission—one of over a hundred commissions, advisory boards, committees, agencies, panels and task forces that infest San Francisco government.

Mayor London Breed know this. The Mayor's 2023-24 budget proposal cut 32% of "Ethics" budget and 40% of its staff over two years, which would have brought San Francisco spending on compliance into line with Los Angeles. The Board of Supervisors fought back.

Meanwhile, Mayor Breed deflects her responsibility for public corruption.

Proposition D doubles down with another toothless rewrite of lobbying rules. Bigger words(!), longer definitions(!), more paperwork(!).

Vote NO on Proposition D. Bureaucracy won't end corruption.

In November, let's elect a Mayor who will fire corrupt City officials.

Larry S. Marso, Esq.

A Nob Hill resident, Mr. Marso is a technology executive, M&A advisor, attorney, and syndicated columnist. As a delegate of the San Francisco Republican County Central Committee, he represents voters in Assembly District 17. In 2020, Mr. Marso was a candidate for Chair of the SFGOP, a presidential campaign consultant, and a nationally recognized expert on electronic voting systems.

Rebuttal delegated by Official Proposition D Opponent Eve Del Castello, Congressional Candidate, President of the Republican Forum of San Francisco, (415) 282-0894.

Larry S. Marso

Opponent's Argument Against Proposition D

This proposition does not tighten City ethics laws. The way it is now - Each City department sets its own policy prohibiting its officers and employees from engaging in certain activities that may conflict with their City duties. This proposal would mean creating a uniform set of rules for all prohibited nonwork activities for City officers and employees. This leaves the rules left out regarding those that may conflict with their city duties. The way it is now states the rules more specifically.

Also, The Way it is Now - Some City ethics laws were adopted by the Board and may be amended by majority vote of the Board. Other City ethics laws were enacted by voters and may be amended only by voter approval. The City Ethics Commission proposes and enforces City laws and rules governing ethics and campaign finance. This proposition says nothing regarding campaign finance enforcement and requires voter approval to amend most City ethics laws. This loses our voting rights regarding ethics laws enacted by voters and may be amended only by voter approval. Vote against this!

Submitted by Eve Del Castello

11th Congressional District Candidate

President of the Republican Forum of S.F.

For information and/or speaking at events,

call (415) 282-0894

Eve Del Castello

Rebuttal to Opponent’s Argument Against Proposition D

Proposition D was placed on the ballot by the San Francisco Ethics Commission in response to multiple recent incidents of corruption by City officials and those doing business, or seeking to do business, with the City. The Commission developed Proposition D to create clear, enforceable rules, that promote a City government that provides fair, just, and equitable treatment for all.

Currently, each City department has its own document, known as a Statement of Incompatible Activities (SIA), that contains rules for the department's officials regarding activities that may conflict with their City duties. Proposition D would standardize these rules and apply them uniformly to City officials across all departments. This would mean all City officials, regardless of their department, would be subject to, and could be trained on, the same rules regarding activities that may conflict with their City duties.

Proposition D does not limit the ability of voters to amend City ethics laws. Currently, almost all chapters of the City's Campaign and Governmental Conduct Code can be amended legislatively, without voter approval, most by a simple majority of the Board of Supervisors. Proposition D would require that future amendments to most chapters be either approved by 1) the voters or 2) super-majorities of both the Ethics Commission and Boad of Supervisors. All chapters could still be amended by the voters if Proposition D is approved.

Information on all aspects of Proposition D is available at: sfethics.org/PropD

San Francisco Ethics Commission

Paid Arguments in Favor of Proposition D

No paid arguments in favor of proposition submitted.

Paid Arguments Against Proposition D

No paid arguments against proposition submitted.

Legal Text

Motion ordering submitted to the voters, at an election to be held on March 5, 2024, an ordinance amending the Campaign and Governmental Conduct Code to 1) expand gift prohibitions for City officers and employees; 2) expand rules prohibiting bribery; 3) require ethics training for Form 700 filers; 4) prohibit members of the public from acting as intermediaries for City officers and employees with respect to certain prohibited gifts; 5) impose personal liability on City officials for failure to disclose certain relationships; 6) create generally applicable incompatible activity rules; and 7) require Ethics Commission and Board of Supervisors super-majority approval for amendments to certain ethics-related ordinances; and appropriating $43,000 from the General Reserve in Fiscal Year 2023-24 to fund administrative costs required to implement the ordinance.

MOVED, That pursuant to Charter Section 15.102, the Ethics Commission hereby submits the following ordinance to the voters of the City and County of San Francisco, at an election to be held on March 5, 2024.

Ordinance amending the Campaign and Governmental Conduct Code to 1) expand gift prohibitions for City officers and employees; 2) expand rules prohibiting bribery; 3) require ethics training for Form 700 filers; 4) prohibit members of the public from acting as intermediaries for City officers and employees with respect to certain prohibited gifts; 5) impose personal liability on City officials for failure to disclose certain relationships; 6) create generally applicable incompatible activity rules; and 7) require Ethics Commission and Board of Supervisors super-majority approval for amendments to certain ethics-related ordinances; and appropriating $43,000 from the General Reserve in Fiscal Year 2023-24 to fund administrative costs required to implement the ordinance.

NOTE: Unchanged Code text and uncodified text are in plain font.

Additions to Codes are in single-underline italics font.

Deletions to Codes are in ~~strikethrough italics font~~.

Board amendment additions are in double-underlined font.

Board amendment deletions are in ~~strikethrough font~~.

Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.

Be it ordained by the People of the City and County of San Francisco:

Section 1. Article I, Chapter 5 of the Campaign and Governmental Conduct Code is hereby amended by adding Section 1.503, to read as follows:

SEC. 1.503. AMENDMENT OR REPEAL OF THIS CHAPTER.

The voters may amend or repeal this Chapter 5. The Board of Supervisors may amend this Chapter 5 if all of the following conditions are met:

(a) The amendment furthers the purposes of this Chapter;

(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;

(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and

(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.

Section 2. The voters hereby re-authorize and re-enact in its entirety Article II, Chapter 1 of the Campaign and Governmental Conduct Code, in the process revising Sections 2.103, 2.115, 2.135, and 2.145, to read as follows:

~~SEC. 2.100. FINDINGS.~~

(a) The Board of Supervisors finds that public disclosure of the identity and extent of efforts of lobbyists to influence decision-making regarding local legislative and administrative matters is essential to protect public confidence in the responsiveness and representative nature of government officials and institutions. It is the purpose and intent of the Board of Supervisors to impose reasonable registration and disclosure requirements to reveal information about lobbyists' efforts to influence decision-making regarding local legislative and administrative matters.

(b) To increase public confidence in the fairness and responsiveness of governmental decision making, it is the further purpose and intent of the people of the City and County of San Francisco to restrict gifts, campaign contributions, and bundled campaign contributions from lobbyists to City officers so that governmental decisions are not, and do not appear to be, influenced by the giving of personal benefits to City officers by lobbyists, or by lobbyists’ financial support of City officers’ political interests.

(c) Corruption and the appearance of corruption in the form of campaign consultants exploiting their influence with City officials on behalf of private interests may erode public confidence in the fairness and impartiality of City governmental decisions. The City and County of San Francisco has a compelling interest in preventing corruption or the appearance of corruption which could result in such erosion of public confidence. Prohibitions on campaign consultants lobbying current and former clients will protect public confidence in the electoral and governmental processes. It is the purpose and intent of the people of the City and County of San Francisco in enacting this Chapter to prohibit campaign consultants from exploiting or appearing to exploit their influence with City officials on behalf of private interests.

~~SEC. 2.103. AMENDMENT OR REPEAL.~~

With respect to any provisions of this Chapter regarding regulation of expenditure lobbyists, registration requirements, amendment of registration information and monthly disclosures, or restrictions on gifts, campaign contributions, or bundled campaign contributions from lobbyists, approved by the voters, the Board of Supervisors may amend those provisions if all of the following conditions are met:

~~(a) The amendment furthers the purposes of this Chapter;~~

~~(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;~~

~~(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and~~

~~(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.~~

~~SEC. 2.105. DEFINITIONS.~~

~~Whenever used in this Chapter 1, the following words and phrases shall be defined as provided in this Section 2.105:~~

"Activity expenses" means any expense incurred or payment made by a lobbyist or a lobbyist's client at the behest of the lobbyist, or arranged by a lobbyist or a lobbyist's client at the behest of the lobbyist, which benefits in whole or in part any: officer of the City and County; candidate for City and County office; aide to a member of the Board of Supervisors; or member of the immediate family or the registered domestic partner of an officer, candidate, or aide to a member of the Board of Supervisors. An expense or payment is not an "activity expense" unless it is incurred or made within three months of a contact with the officer, candidate, or Supervisor's aide who benefits from the expense or payment, or whose immediate family member or registered domestic partner benefits from the expense or payment. "Activity expenses" include honoraria, consulting fees, salaries, and any other thing of value totaling more than $25 in value in a consecutive three-month period, but do not include political contributions.

~~“Agency” shall mean a unit of City government that submits its own budget to the Mayor and Board of Supervisors pursuant to Article IX of the City Charter.~~

~~"Candidate" shall have the same meaning as set forth in Section 1.104 of this Code.~~

~~"Client" means the person for whom lobbyist services are performed by a lobbyist.~~

~~“Committee” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq.~~

"Contact lobbyist" means any individual who (1) makes five or more contacts in a calendar month with officers of the City and County on behalf of the individual's employer; or (2) makes one or more contacts in a calendar month with an officer of the City and County on behalf of any person who pays or who becomes obligated to pay the individual or the individual's employer for lobbyist services. An individual is not a contact lobbyist if that individual is lobbying on behalf of a business of which the individual owns a 20% or greater share.

~~“Contribution” shall have the same meaning as set forth in the California Political Reform Act, California Government Code Section 81000, et seq.~~

~~“Controlled committee” shall have the same meaning as set forth in Section 1.104 of this Code, but shall not include any state committees.~~

~~“Dependent child” shall mean a child or stepchild of a public official, who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return.~~

"Economic consideration" means any payments, fees, reimbursement for expenses, gifts, or anything else of value, provided that "economic consideration" does not include salary, wages or benefits furnished by a federal, state or local government agency.

~~"Employee" means any person who receives, reasonably expects to receive, or whose employer is obligated to provide, an Internal Revenue Service Form W-2 wage and tax statement.~~

~~"Employer" means any person who provides an Internal Revenue Service Form W-2 wage and tax statement to an employee who performs lobbyist services on behalf of that person.~~

"Expenditure lobbyist" means any person, other than any government entity, or officer or employee of a government entity acting in an official capacity, who, directly or indirectly, makes payments totaling $2,500 or more in a calendar month to solicit, request, or urge other persons to communicate directly with an officer of the City and County in order to influence local legislative or administrative action. Examples of the types of activities the payment for which can count toward the $2,500 threshold referred to in the previous sentence include but are not limited to public relations, media relations, advertising, public outreach, research, investigation, reports, analyses, and studies to the extent those activities are used to further efforts to solicit, request or urge other persons to communicate directly with an officer of the City and County. The following types of payments shall not be considered for the purpose of determining whether a person is an expenditure lobbyist: payments made to a registered contact lobbyist or the registered contact lobbyist's employer for lobbyist services; payments made to an organization for membership dues; payments made by an organization to distribute communications to its members; payments made by a news media organization to develop and distribute its publications; and payments made by a client to a representative to appear in an adjudicatory proceeding before a City agency or department.

~~"Gift" shall be defined as set forth in the Political Reform Act, Government Code Section 81000 et seq., and the regulations adopted thereunder.~~

~~“Gift of travel” shall mean payment, advance, or reimbursement for travel, including transportation, lodging, and food and refreshment connected with the travel.~~

~~"Lobbyist" means a contact lobbyist or expenditure lobbyist.~~

"Lobbyist services" means services rendered for the purpose of influencing local legislative or administrative action, including but not limited to contacts with officers of the City and County of San Francisco.

"Local legislative or administrative action" includes, but is not limited to, the drafting, introduction, consideration, modification, enactment, defeat, approval, veto, granting or denial by any officer of the City and County of any resolution, motion, appeal, application, petition, nomination, ordinance, amendment, approval, referral, permit, license, entitlement to use or contract.

~~"Measure" shall have the same meaning as set forth in Section 1.104 of this Code.~~

"Officer of the City and County" means any officer identified in Section 3.203 of this Code, as well as any official body composed of such officers. In addition, for purposes of this Chapter, "officer of the City and County" includes (1) members of the Board of Education, Community College Board, First Five Commission, Law Library Board of Trustees, Local Agency Formation Commission, Health Authority Board, Housing Authority Commission, Parking Authority, Relocation Appeals Board, Successor Agency to the former Redevelopment Agency of the City and County of San Francisco, Oversight Board of the Successor Agency, Successor Agency Commission, Transportation Authority, Workforce Investment San Francisco Board as well as any official body composed of such officers, and any person appointed as the chief executive officer under any such board or commission; (2) the Zoning Administrator, (3) the City Engineer, (4) the County Surveyor, and (5) the Bureau Chief of the Department of Public Works' Bureau of Street Use and Mapping.

~~"Person" means an individual, partnership, corporation, association, firm, labor union or other organization or entity, however organized.~~

~~“Public event” shall mean an event or gathering that any member of the public may attend, has been publicly announced and publicized in advance, and for which there is no admission cost or fee.~~

~~“Public hearing” means any open, noticed proceeding.~~

~~“State committee” shall mean a committee formed to support or oppose candidates for state office or state ballot measures.~~

~~SEC. 2.106. LOBBYING CONTACTS.~~

(a) Whenever used in this Chapter 1, "contact" means any communication, oral or written, including communication made through an agent, associate or employee, for the purpose of influencing local legislative or administrative action, except as provided in Subsections (b) and (c).

~~(b) The following activities are not "contacts" within the meaning of this Chapter 1.~~

(1) A representative of a news media organization gathering news and information or disseminating the same to the public, even if the organization, in the ordinary course of business, publishes news items, editorials or other commentary, or paid advertisements, that urge action upon local legislative or administrative matters;

(2) A person providing oral or written testimony that becomes part of the record of a public hearing; provided, however, that if the person making the appearance or providing testimony has already qualified as a contact lobbyist under this Chapter and is appearing or testifying on behalf of a client, the contact lobbyist's testimony shall identify the client on whose behalf the contact lobbyist is appearing or testifying;

~~(3) A person performing a duty or service that can be performed only by an architect or a professional engineer licensed to practice in the State of California;~~

(4) A person making a speech or producing any publication or other material that is distributed and made available to the public, through radio, television, cable television, or other medium of mass communication;

(5) A person providing written information in response to an oral or written request made by an officer of the City and County, provided that the written information is a public record available for public review;

~~(6) A person providing oral or written information pursuant to a subpoena, or otherwise compelled by law or regulation;~~

~~(7) A person submitting a written petition for local legislative or administrative action, provided that the petition is a public record available for public review;~~

(8) A person making an oral or written request for a meeting, or any other similar administrative request, if the request does not include an attempt to influence local legislative or administrative action;

(9) A person appearing before an officer of the City and County pursuant to any procedure established by law or regulation for levying an assessment against real property for the construction or maintenance of an improvement;

~~(10) A person providing purely technical data, analysis, or expertise in the presence of a contact lobbyist;~~

(11) A person distributing to any officer of the City and County any regularly published newsletter or other periodical which is not primarily directed at influencing local legislative or administrative action;

~~(12) A person disseminating information or material on behalf of an organization or entity to all or a significant segment of the organization's or entity's employees or members;~~

~~(13) A person appearing as a party or a representative of a party in an administrative adjudicatory proceeding before a City agency or department;~~

(14) A person communicating, on behalf of a labor union representing City employees, regarding the establishment, amendment, or interpretation of a collective bargaining agreement or memorandum of understanding with the City, or communicating about a management decision regarding the working conditions of employees represented by a collective bargaining agreement or a memorandum of understanding with the City;

(15) A party or prospective party to a contract providing oral or written information in response to a request for proposals, request for qualifications, or other similar request, provided that the information is directed to the department or official specifically designated in the request to receive such information; negotiating the terms of the contract with the City after being selected to enter into the contract; or communicating in connection with the administration of an existing contract between the party and the City. For the purposes of this subsection (b)(15):

(A) A "party or prospective party" includes that party's officers or employees; a subcontractor listed in the contract, bid, or proposal; or that subcontractor's officers or employees. A "party or prospective party" does not include any other agent or associate, including any outside consultant or independent contractor.

(B) Communication "in connection with the administration of an existing contract" includes, but is not limited to, communication regarding: insurance and bonding; contract performance and/or default; requests for in-scope change orders; legislative mandates imposed on contractors by the City and County; payments and invoicing; personnel changes; prevailing wage verification; liquidated damages and other penalties for breach of contract; audits; assignments; and subcontracting. Communication "in connection with the administration of an existing contract" does not include communication regarding new contracts, or out-of-scope change orders.

(16) An officer or employee of a nonprofit organization or an organization fiscally sponsored by such a nonprofit organization communicating on behalf of their organization. For purposes of this subsection only, "nonprofit organization" means either an organization with tax exempt status under 26 United States Code Section 501(c)(3), or an organization with tax exempt status under 26 United States Code Section 501(c)(4) whose most recent federal tax filing included an IRS Form 990-N or an IRS Form 990-EZ, or an organization whose next federal tax filing is reasonably likely to include an IRS Form 990-N or an IRS Form 990-EZ.

(c) The following activities are not "contacts" for the purpose of determining whether a person qualifies as a contact lobbyist, but are "contacts" for purpose of disclosures required by this Chapter 1:

~~(1) A person providing oral information to an officer of the City and County in response to an oral or written request made by that officer;~~

~~(2) A person making an oral or written request for the status of an action; and~~

~~(3) A person participating in a public interested persons meeting, workshop, or other forum convened by a City agency or department for the purpose of soliciting public input.~~

~~SEC. 2.107. NO CONFLICT WITH STATE BAR ACT.~~

~~Nothing in this Chapter is intended to regulate attorneys engaged in the practice of law under the California State Bar Act, Business and Professions Code sections 6000 et seq.~~

~~SEC. 2.110. REGISTRATION AND DISCLOSURES; FEES; TERMINATION OF REGISTRATION.~~

(a) REGISTRATION OF LOBBYISTS REQUIRED. Lobbyists shall register with the Ethics Commission and comply with the disclosure requirements imposed by this Chapter 1. Such registration shall occur no later than five business days of qualifying as a lobbyist. Contact lobbyists shall register prior to making any additional contacts with an officer of the City and County of San Francisco and expenditure lobbyists shall register prior to making any additional payments to influence local legislative or administrative action.

(b) REGISTRATION.

~~(1) Contact lobbyists. At the time of initial registration each contact lobbyist shall report to the Ethics Commission the following information:~~

~~(A) The name, business address, e-mail address, and business telephone number of the lobbyist;~~

~~(B) The name, business address, and business telephone number of each client for whom the lobbyist is performing lobbyist services;~~

~~(C) The name, business address, and business telephone number of the lobbyist’s employer, firm or business affiliation;~~

~~(D) Each agency that the contact lobbyist has attempted, will attempt, or may attempt to influence on behalf of any client; and~~

~~(E) Any other information required by the Ethics Commission through regulation, consistent with the purposes and provisions of this Chapter.~~

~~(2) Expenditure lobbyists. At the time of initial registration each expenditure lobbyist shall report to the Ethics Commission the following information:~~

~~(A) The name, mailing address, e-mail address, and telephone number of the lobbyist;~~

~~(B) Expenditure lobbyists that are entities shall provide:~~

~~(i) a description of their nature and purpose(s);~~

(ii) if the expenditure lobbyist is a corporation, the names of the corporation's chief executive officer, chief financial officer, and secretary, any officer who authorized payments to influence local legislative and administrative action, and any person who owns more than 20 percent of the corporation;

(iii) if the expenditure lobbyist is a partnership, the name of each partner if the entity has fewer than 10, or the name of the partner with the greatest ownership interest if the entity has 10 or more partners;

(iv) for any other type of business entity, the name of each person with an ownership interest if the entity has fewer than 10 owners, or the name of the person with the greatest ownership interest in the entity, if the entity has 10 or more owners;

~~(C) Expenditure lobbyists that are individuals shall provide a description of their business activities;~~

~~(D) Each agency that the expenditure lobbyist has made, will make, or may make payments to influence; and~~

~~(E) Any other information required by the Ethics Commission through regulation, consistent with the purposes and provisions of this Chapter.~~

~~(c) LOBBYIST DISCLOSURES. For each calendar month, each lobbyist shall submit the following information no later than the fifteenth calendar day following the end of the month:~~

~~(1) Contact lobbyists. Each contact lobbyist shall report to the Ethics Commission the following information:~~

(A) The name, business address and business telephone number of each person from whom the lobbyist or the lobbyist's employer received or expected to receive economic consideration to influence local legislative or administrative action during the reporting period.

~~(B) The name of each officer of the City and County of San Francisco with whom the lobbyist made a contact during the reporting period.~~

~~(C) The date on which each contact was made.~~

(D) The local legislative or administrative action that the lobbyist sought to influence, including, if any, the title and file number of any resolution, motion, appeal, application, petition, nomination, ordinance, amendment, approval, referral, permit, license, entitlement, or contract, and the outcome sought by the client.

~~(E) The client on whose behalf each contact was made.~~

~~(F) The amount of economic consideration received or expected by the lobbyist or the lobbyist's employer from each client during the reporting period.~~

~~(G) All activity expenses incurred by the lobbyist during the reporting period, including the following information:~~

~~(i) The date and amount of each activity expense;~~

~~(ii) The full name and official position, if any, of the beneficiary of each activity expense, a description of the benefit, and the amount of the benefit;~~

~~(iii) The full name of the payee of each activity expense if other than the beneficiary;~~

(iv) Whenever a lobbyist is required to report a salary of an individual pursuant to this subsection (c)(1), the lobbyist need only disclose whether the total salary payments made to the individual during the reporting period was less than or equal to $250, greater than $250 but less than or equal to $1,000, greater than $1,000 but less than or equal to $10,000, or greater than $10,000.

(H) All campaign contributions of $100 or more made or delivered by the lobbyist or the lobbyist's employer, or made by a client at the behest of the lobbyist or the lobbyist's employer during the reporting period to an officer of the City and County, a candidate for such office, a committee controlled by such officer or candidate, or a committee primarily formed to support or oppose such officer or candidate, or any committee primarily formed to support or oppose a measure to be voted on only in San Francisco. This report shall include such campaign contributions arranged by the lobbyist, or for which the lobbyist acted as an agent or intermediary.

~~The following information regarding each campaign contribution shall be submitted to the Ethics Commission:~~

~~(i) The amount of the contribution;~~

~~(ii) The name of the contributor;~~

~~(iii) The date on which the contribution was made;~~

~~(iv) The contributor's occupation;~~

~~(v) The contributor's employer, or if self-employed, the name of the contributor's business; and~~

~~(vi) The committee to which the contribution was made.~~

(I) For each contact at which a person providing purely technical data, analysis, or expertise was present, as described in Section 2.106(b)(10), the name, address, employer and area of expertise of the person providing the data, analysis or expertise.

~~(J) Any other information required by the Ethics Commission through regulation consistent with the purposes and provisions of this Chapter.~~

~~(2) Expenditure lobbyists. Each expenditure lobbyist shall report to the Ethics Commission the following information:~~

(A) The local legislative or administrative action that the lobbyist sought to influence, including, if any, the title and file number of any resolution, motion, appeal, application, petition, nomination, ordinance, amendment, approval, referral, permit, license, entitlement, or contract.

~~(B) The total amount of payments made during the reporting period to influence local legislative or administrative action.~~

(C) Each payment of $1,000 or more made during the reporting period, including the date of payment, the name and address of each person receiving the payment, a description of the payment, and a description of the consideration for which the payment was made.

(D) All campaign contributions of $100 or more made or delivered by the lobbyist or made at the behest of the lobbyist during the reporting period to an officer of the City and County, a candidate for such office, a committee controlled by such officer or candidate, or a committee primarily formed to support or oppose such officer or candidate, or any committee primarily formed to support or oppose a measure to be voted on only in San Francisco. This report shall include such campaign contributions arranged by the lobbyist, or for which the lobbyist acted as an agent or intermediary.

~~The following information regarding each campaign contribution shall be submitted to the Ethics Commission:~~

~~(i) The amount of the contribution;~~

~~(ii) The name of the contributor;~~

~~(iii) The date on which the contribution was made;~~

~~(iv) The contributor's occupation;~~

~~(v) The contributor's employer, or if self-employed, the name of the contributor's business; and~~

~~(vi) The committee to which the contribution was made.~~

~~(E) Any other information required by the Ethics Commission through regulation, consistent with the purposes and provisions of this Chapter 1.~~

(d) DUTY TO UPDATE INFORMATION. Lobbyists shall amend any information submitted to the Ethics Commission through registration and monthly disclosures within five days of the changed circumstances that require correction or updating of such information.

(e) REGISTRATION AND FILING OF DISCLOSURES BY ORGANIZATIONS. The Ethics Commission is authorized to establish procedures to permit the registration and filing of contact lobbyist disclosures by a business, firm, or organization on behalf of the individual contact lobbyists employed by those businesses, firms, or organizations.

~~(f) FEES; TERMINATION OF REGISTRATION.~~

~~(1) At the time of registration each lobbyist shall pay a fee of $500. On or before every subsequent February 1, each registered lobbyist shall pay an additional fee of $500.~~

(2) Failure to pay the annual fee by February 1 shall constitute a termination of a lobbyist's registration with the Ethics Commission. The Ethics Commission is also authorized to establish additional processes for the termination of a lobbyist's registration.

(3) The Ethics Commission shall waive all registration fees for any full-time employee of a tax-exempt organization presenting proof of the organization's tax-exempt status under 26 U.S.C. Section 501(c)(3) or 501(c)(4).

~~(4) The Ethics Commission shall deposit all fees collected pursuant to this Section in the General Fund of the City and County of San Francisco.~~

~~SEC. 2.115. LIMITS AND PROHIBITIONS.~~

(a) GIFT PROHIBITION.

(1) No lobbyist shall make any gift, including any gift of travel, to an officer of the City and County, or to a parent, spouse, domestic partner registered under state law, or dependent child of an officer of the City and County. No lobbyist shall make any payment to a third-party for the purpose of paying for a gift or any part of a gift, including any gift of travel, to an officer of the City and County, or to a parent, spouse, domestic partner registered under state law, or dependent child of an officer of the City and County.

(2) No officer of the City and County may accept or solicit any gift, including any gift of travel, from any lobbyist for the officer’s personal benefit or for the personal benefit of the officer’s parent, spouse, domestic partner registered under state law, or dependent child. No officer of the City and County may accept or solicit any gift, including any gift of travel, from a third-party if the officer knows or has reason to know that the third-party is providing the gift or gift of travel on behalf of a lobbyist.

(3) Exception for gifts of food or refreshment provided by 501(c)(3) nonprofit organizations. Notwithstanding the prohibitions set forth in subsections (1) and (2), lobbyists may offer gifts of food or refreshment worth $25 or less per occasion, and officers of the City and County may accept such gifts, if the lobbyist is a 501(c)(3) nonprofit organization, the gift of food or refreshment is offered in connection with a public event held by the 501(c)(3) nonprofit organization, and the same gift of food or refreshment is made available to all attendees of the public event.

(4) Aggregation of gifts. For purposes of the gift limits imposed by subsections (1)-(3), gifts shall be aggregated set forth in California Code of Regulations, Title 2, Section 18945.1, as it may hereafter be amended.

(b) FUTURE EMPLOYMENT. No lobbyist shall cause or influence the introduction or initiation of any local legislative or administrative action for the purpose of thereafter being employed or retained to secure its granting, denial, confirmation, rejection, passage, or defeat.

(c) FICTITIOUS PERSONS. No contact lobbyist shall contact any officer of the City and County in the name of any fictitious person or in the name of any real person, except with the consent of such real person.

~~(d) EVASION OF OBLIGATIONS. No lobbyist shall attempt to evade the obligations imposed by this Chapter through indirect efforts or through the use of agents, associates, or employees.~~

(e) CAMPAIGN CONTRIBUTIONS - PROHIBITIONS.

(1) No lobbyist shall make any contribution to a City elective officer or candidate for City elective office, including the City elective officer’s or candidate’s controlled committees, if that lobbyist (A) is registered to lobby the agency of the City elective officer or the agency for which the candidate is seeking election or (B) has been registered to lobby that agency in the previous 90 days.

(2) If a lobbyist has failed to disclose which agencies the lobbyist attempts to influence, as required by Section 2.110(b), the lobbyist may not make a contribution to any City elective officer or candidate for City elective office, or any City elective officer’s or candidate’s controlled committees.

(f) BUNDLING OF CAMPAIGN CONTRIBUTIONS - PROHIBITIONS.

(1) No lobbyist shall deliver or transmit, or deliver or transmit through a third party, any contribution made by another person to any City elective officer or candidate for City elective office, or any City elective officer’s or candidate’s controlled committees, if that lobbyist (A) is registered to lobby the agency for which the candidate is seeking election or the agency of the City elective officer or (B) has been registered to lobby that agency in the previous 90 days.

(2) If a lobbyist has failed to disclose which agencies the lobbyist attempts to influence, as required by Section 2.110(b), the lobbyist may not deliver or transmit, or deliver or transmit through a third party, any contribution made by another person to any City elective officer or candidate for City elective office, or any City elective officer’s or candidate’s controlled committees.

(g) AGGREGATION OF AFFILIATED ENTITY CONTRIBUTIONS. For purposes of the contribution limits imposed by subsections (e) and (f), the contributions of an entity whose contributions are directed and controlled by any lobbyist shall be aggregated with contributions made by that lobbyist as set forth in Section 1.114(c).

(h) REGULATIONS. The Ethics Commission may adopt regulations implementing this Section 2.115, but such regulations may not establish any exceptions from the limits and prohibitions set forth therein.

~~SEC. 2.116. LOBBYIST TRAINING.~~

(a) Each contact lobbyist must complete a lobbyist training session offered by the Ethics Commission within one year of the lobbyist's initial registration. Thereafter, contact lobbyists shall attend additional training sessions as required by the Executive Director, at his or her discretion.

~~(b) The Ethics Commission shall make lobbyist training sessions available on its website.~~

(c) On or before the deadline for completing any required lobbyist training session, each contact lobbyist must file a signed declaration with the Ethics Commission stating, under penalty of perjury, that the lobbyist has completed the required training session.

~~SEC. 2.117. LOBBYING BY CAMPAIGN CONSULTANTS.~~

(a) PROHIBITION. No campaign consultant, individual who has an ownership interest in the campaign consultant, or an employee of the campaign consultant shall communicate with any officer of the City and County who is a current or former client of the campaign consultant on behalf of another person or entity (other than the City and County) in exchange for economic consideration for the purpose of influencing local legislative or administrative action.

(b) EXCEPTIONS.

~~(1) This prohibition shall not apply to:~~

~~(A) an employee of a campaign consultant whose sole duties are clerical; or~~

(B) an employee of a campaign consultant who did not personally provide campaign consulting services to the officer of the City and County with whom the employee seeks to communicate in order to influence local legislative or administrative action.

(2) The exceptions in Subsection (b)(1) shall not apply to any person who communicates with an officer of the City and County in his or her capacity as an employee of the campaign consultant who is prohibited by Subsection (a) from making the communication.

~~(c) DEFINITIONS. Whenever the following words or phrases are used in this Section, they shall mean:~~

~~(1) "Campaign consultant" shall have the same meaning as in Article I, Chapter 5, Section 1.505 of this Code.~~

~~(2) "Campaign consulting services" shall have the same meaning as in Article I, Chapter 5, Section 1.505 of this Code.~~

(3) "Current client" shall mean a person for whom the campaign consultant has filed a client authorization statement pursuant to Article I, Chapter 5, Section 1.515(d) of this Code and not filed a client termination statement pursuant to Article I, Chapter 5, Section 1.515(f) of this Code. If such person is a committee as defined by Section 82013 of the California Government Code, the current client shall be any individual who controls such committee; any candidate that such committee was primarily formed to support; and any proponent or opponent of a ballot measure that the committee is primarily formed to support or oppose.

~~(4) "Employee" shall mean an individual employed by a campaign consultant, but does not include any individual who has an ownership interest in the campaign consultant that employs them.~~

(5) "Former client" shall mean a person for whom the campaign consultant has filed a client termination statement pursuant to Article I, Chapter 5, Section 1.515(f) of this Code within the 60 months prior to communicating with the person.

~~SEC. 2.120. EMPLOYMENT OF CITY AND COUNTY OFFICERS OR EMPLOYEES; APPOINTMENT OF EMPLOYEE TO CITY AND COUNTY OFFICE.~~

(a) EMPLOYMENT OF CITY AND COUNTY OFFICERS OR EMPLOYEES. If any lobbyist employs or requests, recommends or causes a client of the lobbyist to employ, and such client does employ, any officer of the City and County, any immediate family member or registered domestic partner of an officer of the City and County, or any person known by such lobbyist to be a full-time employee of the City and County, in any capacity whatsoever, the lobbyist shall file within 10 days after such employment a statement with the Ethics Commission setting out the name of the employee, the date first employed, the nature of the employment duties, and the salary or rate of pay of the employee.

(b) APPOINTMENT OF EMPLOYEE TO CITY OFFICE. If an employee of a lobbyist is appointed to City or County office, the lobbyist shall file within 10 days after such appointment a statement with the Ethics Commission setting out the name of the employee, the date first employed, the nature of the employment duties, and the salary or rate of pay of the employee.

(c) REPORT OF SALARY. Whenever a filer is required to report the salary of an employee who is also an officer or employee of the City and County pursuant to this Section, the filer need only disclose whether the total salary payments made to the employee are less than or equal to $250, greater than $250 but less than or equal to $1,000, greater than $1,000 but less than or equal to $10,000, or greater than $10,000.

~~SEC. 2.130. EMPLOYMENT OF UNREGISTERED PERSONS.~~

It shall be unlawful knowingly to pay any contact lobbyist to contact any officer of the City and County of San Francisco, if said contact lobbyist is required to register under this Chapter and has not done so by the deadlines imposed in this Chapter.

~~SEC. 2.135. FILING UNDER PENALTY OF PERJURY; RETENTION OF DOCUMENTS; AUDITS.~~

(a) All information required under this Chapter shall be submitted to the Ethics Commission, in the format designated by the Commission. The lobbyist shall verify, under penalty of perjury, the accuracy and completeness of the information provided under this Chapter.

(b) The lobbyist shall retain for a period of five years all books, papers and documents necessary to substantiate the registration and disclosure reports required by this Chapter. These records shall include, but not be limited to, copies of all fundraising solicitations sent by the lobbyist or his or her agent for an officer of the City and County, a candidate for such office, a committee controlled by such officer or candidate, or a committee primarily formed to support or oppose such officer or candidate, or any committee primarily formed to support or oppose a ballot measure to be voted on only in San Francisco.

(c) On an annual basis, the Executive Director shall initiate audits of one or more lobbyists selected at random. At the request of the Executive Director, the Controller may assist in conducting these audits. This requirement shall not restrict the authority of the Executive Director or the Ethics Commission to undertake any other audits or investigations of a lobbyist authorized by law or regulation. Within ten business days of a request by the Ethics Commission, a lobbyist or anyone required to register as a lobbyist shall provide the Ethics Commission with any documents required to be retained under this Section.

~~SEC. 2.136. FALSE INFORMATION; DUTY TO COOPERATE AND ASSIST.~~

(a) PROHIBITION. No person shall knowingly and intentionally furnish false or fraudulent evidence, documents, or information to the Ethics Commission, District Attorney or City Attorney, or knowingly and intentionally misrepresent any material fact, or conceal any evidence, documents, or information relevant to an investigation by the Ethics Commission, District Attorney or City Attorney of an alleged violation of this Chapter.

(b) DUTY TO COOPERATE AND ASSIST. The Ethics Commission, District Attorney or City Attorney may request and shall receive from every City officer and employee cooperation and assistance with an investigation into an alleged violation of this Chapter.

~~SEC. 2.140. POWERS AND DUTIES OF THE ETHICS COMMISSION.~~

~~(a) The Ethics Commission shall prescribe the format for the submission of all information required by this Chapter.~~

(b) Upon request by the Board of Supervisors or the Mayor, the Ethics Commission shall compile the information submitted pursuant to this Chapter and forward a report of the compiled information to the Board of Supervisors and the Mayor within thirty days of receipt of the request.

(c) Upon request by the Board of Supervisors or the Mayor, the Ethics Commission shall file a report with the Board of Supervisors and the Mayor on the implementation of this Chapter within thirty days of receipt of the request.

(d) The Ethics Commission shall preserve all original reports, statements, and other records required to be kept or filed under this Chapter for a period of five years. Such reports, statements, and records shall constitute a part of the public records of the Ethics Commission and shall be open to public inspection.

(e) The Ethics Commission shall provide formal and informal advice regarding the duties under this Chapter of a person or entity pursuant to the procedures specified in San Francisco Charter Section C3.699-12.

~~(f) The Ethics Commission shall have the power to adopt all reasonable and necessary rules and regulations for the implementation of this Chapter pursuant to Charter Section 15.102.~~

~~(g) The Ethics Commission shall conduct quarterly workshops concerning the laws relating to lobbying.~~

~~SEC. 2.145. ADMINISTRATIVE AND CIVIL ENFORCEMENT AND PENALTIES.~~

(a) If any lobbyist fails to submit any information required by this Chapter after any applicable deadline, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, impose a late filing fee of $50 per day after the deadline until the information is received by the Ethics Commission. The Executive Director of the Ethics Commission may reduce or waive a late filing fee if the Executive Director determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. If such reduction or waiver equals or exceeds $500, the Executive Director shall notify the Commission of his or her determination. Thereafter, any two or more members of the Commission may cause the reduction or waiver to be calendared for consideration by the full Commission in open session at the next Commission meeting occurring no sooner than ten days from the date the Executive Director informs the Commission of the Executive Director's recommendation. A Commissioner's request that a reduction or waiver be calendared must be received by the Executive Director no fewer than five days prior to the date of the meeting, so that the Executive Director may comply with the applicable notice and agenda requirements. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco.

(b) Any person who knowingly or negligently violates this Chapter, including but not limited to, by providing inaccurate or incomplete information regarding lobbying activities, may be liable in an administrative proceeding before the Ethics Commission pursuant to Charter Section C3.699-13. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters regarding potential violations of this Chapter both to the lobbyist and the person who pays or employs the lobbyist.

(c) Any person or entity which knowingly or negligently violates this Chapter may be liable in a civil action brought by the City Attorney for an amount up to $5,000 per violation, or three times the amount not properly reported, or three times the amount given or received in excess of the gift limit, whichever is greater.

(d) In investigating any alleged violation of this Chapter the Ethics Commission and City Attorney shall have the power to inspect all documents required to be maintained under this Chapter. This power to inspect documents is in addition to other powers conferred on the Ethics Commission and City Attorney by the Charter or by ordinance, including the power of subpoena.

(e) JOINT AND SEVERAL LIABILITY.

~~(1) Should two or more persons be responsible for any violation under this Chapter, they may be jointly and severally liable.~~

(2) The client or employer of a lobbyist shall be jointly and severally liable for all violations of this Chapter committed by the lobbyist in connection with acts or omissions undertaken on behalf of that client or employer.

(3) If a business, firm or organization registers or files lobbyist disclosures on behalf of its employees pursuant to Section 2.110(d), the business, firm or organization may be held jointly and severally liable for any failure to disclose its employees' lobbying activities.

~~(f) The City Attorney may also bring an action to revoke for up to one year the registration of any lobbyist who has knowingly violated this Chapter.~~

~~SEC. 2.150. LIMITATION OF ACTIONS.~~

(a) No civil action shall be brought to enforce this Chapter unless brought within four years after the date the cause of action accrued or the date that the facts constituting the cause of action were discovered by the City Attorney. For the purpose of this Subsection, a civil action is brought when the City Attorney files the action in a court of law.

(b) No administrative action alleging a violation of this Chapter and brought under Charter Section C3.699-13 shall be brought more than four years after the date of events which form the basis of the complaint, or the date that the events constituting the basis of the complaint were discovered by the Ethics Commission. For the purpose of this Subsection, a complaint is brought by the Executive Director of the Ethics Commission upon the date of service of the probable cause report.

(c) A civil action brought to enforce or collect penalties or late filing fees imposed under this Chapter shall be brought within four years after the date on which the penalty or late filing fee was imposed. For purposes of this Subsection, a penalty or late filing fee is imposed when the Ethics Commission has issued a final decision in an enforcement action imposing a penalty for a violation of this Chapter or the Ethics Commission or Executive Director has made a final determination regarding the amount of a late filing fee imposed under this Chapter. The Ethics Commission or Executive Director does not make a final determination regarding the amount of a late filing fee imposed under this Chapter until the Ethics Commission or Executive Director has made a determination to accept or refuse any request to waive a late filing fee where such waiver has been timely requested and is expressly authorized by statute, ordinance, or regulation. For the purpose of this Subsection, a civil action is brought when the City Attorney files the action in a court of law.

~~SEC. 2.155. SEVERABILITY.~~

If any Section, Subsection, subdivision, sentence, clause, phrase or portion of this Chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter or its application to other persons. The Board of Supervisors hereby declares that it would have adopted this Chapter, and each Section, Subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more Sections, Subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, to be declared invalid or unconstitutional.

SEC. 2.100. FINDINGS.

(a) The voters find that public disclosure of the identity and extent of efforts of lobbyists to influence decision-making regarding local legislative and administrative matters is essential to protect public confidence in the responsiveness and representative nature of government officials and institutions. It is the purpose and intent of this Chapter 1 to impose reasonable registration and disclosure requirements to reveal information about lobbyists' efforts to influence decision-making regarding local legislative and administrative matters.

SEC. 2.103. AMENDMENT OR REPEAL OF CHAPTER.

The voters may amend or repeal this Chapter. The Board of Supervisors may amend this Chapter if all of the following conditions are met:

(a) The amendment furthers the purposes of this Chapter;

(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;

(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and

(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.

SEC. 2.105. DEFINITIONS.

Whenever used in this Chapter 1, the following words and phrases shall be defined as provided in this Section 2.105:

“Agency” shall mean a unit of City government that submits its own budget to the Mayor and Board of Supervisors pursuant to Article IX of the City Charter.

"Candidate" shall have the same meaning as set forth in Section 1.104 of this Code.

"Client" means the person for whom lobbyist services are performed by a lobbyist.

“Committee” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq.

“Contribution” shall have the same meaning as set forth in the California Political Reform Act, California Government Code Section 81000, et seq.

“Controlled committee” shall have the same meaning as set forth in Section 1.104 of this Code, but shall not include any state committees.

“Dependent child” shall mean a child or stepchild of a public official, who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return.

"Employee" means any person who receives, reasonably expects to receive, or whose employer is obligated to provide, an Internal Revenue Service Form W-2 wage and tax statement.

"Employer" means any person who provides an Internal Revenue Service Form W-2 wage and tax statement to an employee who performs lobbyist services on behalf of that person.

"Gift" shall be defined as set forth in the Political Reform Act, Government Code Section 81000 et seq., and the regulations adopted thereunder.

“Gift of travel” shall mean payment, advance, or reimbursement for travel, including transportation, lodging, and food and refreshment connected with the travel.

"Lobbyist" means a contact lobbyist or expenditure lobbyist.

"Measure" shall have the same meaning as set forth in Section 1.104 of this Code.

"Person" means an individual, partnership, corporation, association, firm, labor union or other organization or entity, however organized.

“Public event” shall mean an event or gathering that any member of the public may attend, has been publicly announced and publicized in advance, and for which there is no admission cost or fee.

“Public hearing” means any open, noticed proceeding.

“State committee” shall mean a committee formed to support or oppose candidates for state office or state ballot measures.

SEC. 2.106. LOBBYING CONTACTS.

(b) The following activities are not "contacts" within the meaning of this Chapter 1.

(3) A person performing a duty or service that can be performed only by an architect or a professional engineer licensed to practice in the State of California;

(6) A person providing oral or written information pursuant to a subpoena, or otherwise compelled by law or regulation;

(7) A person submitting a written petition for local legislative or administrative action, provided that the petition is a public record available for public review;

(10) A person providing purely technical data, analysis, or expertise in the presence of a contact lobbyist;

(12) A person disseminating information or material on behalf of an organization or entity to all or a significant segment of the organization's or entity's employees or members;

(13) A person appearing as a party or a representative of a party in an administrative adjudicatory proceeding before a City agency or department;

(1) A person providing oral information to an officer of the City and County in response to an oral or written request made by that officer;

(2) A person making an oral or written request for the status of an action; and

(3) A person participating in a public interested persons meeting, workshop, or other forum convened by a City agency or department for the purpose of soliciting public input.

SEC. 2.107. NO CONFLICT WITH STATE BAR ACT.

Nothing in this Chapter is intended to regulate attorneys engaged in the practice of law under the California State Bar Act, Business and Professions Code sections 6000 et seq.

SEC. 2.110. REGISTRATION AND DISCLOSURES; FEES; TERMINATION OF REGISTRATION.

(b) REGISTRATION.

(1) Contact lobbyists. At the time of initial registration each contact lobbyist shall report to the Ethics Commission the following information:

(A) The name, business address, e-mail address, and business telephone number of the lobbyist;

(B) The name, business address, and business telephone number of each client for whom the lobbyist is performing lobbyist services;

(C) The name, business address, and business telephone number of the lobbyist’s employer, firm or business affiliation;

(D) Each agency that the contact lobbyist has attempted, will attempt, or may attempt to influence on behalf of any client; and

(E) Any other information required by the Ethics Commission through regulation, consistent with the purposes and provisions of this Chapter.

(2) Expenditure lobbyists. At the time of initial registration each expenditure lobbyist shall report to the Ethics Commission the following information:

(A) The name, mailing address, e-mail address, and telephone number of the lobbyist;

(B) Expenditure lobbyists that are entities shall provide:

(i) a description of their nature and purpose(s);

(C) Expenditure lobbyists that are individuals shall provide a description of their business activities;

(D) Each agency that the expenditure lobbyist has made, will make, or may make payments to influence; and

(E) Any other information required by the Ethics Commission through regulation, consistent with the purposes and provisions of this Chapter.

(c) LOBBYIST DISCLOSURES. For each calendar month, each lobbyist shall submit the following information no later than the fifteenth calendar day following the end of the month:

(1) Contact lobbyists. Each contact lobbyist shall report to the Ethics Commission the following information:

(B) The name of each officer of the City and County of San Francisco with whom the lobbyist made a contact during the reporting period.

(C) The date on which each contact was made.

(E) The client on whose behalf each contact was made.

(F) The amount of economic consideration received or expected by the lobbyist or the lobbyist's employer from each client during the reporting period.

(G) All activity expenses incurred by the lobbyist during the reporting period, including the following information:

(i) The date and amount of each activity expense;

(ii) The full name and official position, if any, of the beneficiary of each activity expense, a description of the benefit, and the amount of the benefit;

(iii) The full name of the payee of each activity expense if other than the beneficiary;

The following information regarding each campaign contribution shall be submitted to the Ethics Commission:

(i) The amount of the contribution;

(ii) The name of the contributor;

(iii) The date on which the contribution was made;

(iv) The contributor's occupation;

(v) The contributor's employer, or if self-employed, the name of the contributor's business; and

(vi) The committee to which the contribution was made.

(J) Any other information required by the Ethics Commission through regulation consistent with the purposes and provisions of this Chapter.

(2) Expenditure lobbyists. Each expenditure lobbyist shall report to the Ethics Commission the following information:

(B) The total amount of payments made during the reporting period to influence local legislative or administrative action.

The following information regarding each campaign contribution shall be submitted to the Ethics Commission:

(i) The amount of the contribution;

(ii) The name of the contributor;

(iii) The date on which the contribution was made;

(iv) The contributor's occupation;

(v) The contributor's employer, or if self-employed, the name of the contributor's business; and

(vi) The committee to which the contribution was made.

(E) Any other information required by the Ethics Commission through regulation, consistent with the purposes and provisions of this Chapter 1.

(f) FEES; TERMINATION OF REGISTRATION.

(1) At the time of registration each lobbyist shall pay a fee of $500. On or before every subsequent February 1, each registered lobbyist shall pay an additional fee of $500.

(4) The Ethics Commission shall deposit all fees collected pursuant to this Section in the General Fund of the City and County of San Francisco.

SEC. 2.115. LIMITS AND PROHIBITIONS.

(a) FUTURE EMPLOYMENT. No lobbyist shall cause or influence the introduction or initiation of any local legislative or administrative action for the purpose of thereafter being employed or retained to secure its granting, denial, confirmation, rejection, passage, or defeat.

(b) FICTITIOUS PERSONS. No contact lobbyist shall contact any officer of the City and County in the name of any fictitious person or in the name of any real person, except with the consent of such real person.

(c) EVASION OF OBLIGATIONS. No lobbyist shall attempt to evade the obligations imposed by this Chapter through indirect efforts or through the use of agents, associates, or employees.

(d) CAMPAIGN CONTRIBUTIONS - PROHIBITIONS.

(e) BUNDLING OF CAMPAIGN CONTRIBUTIONS - PROHIBITIONS.

(f) AGGREGATION OF AFFILIATED ENTITY CONTRIBUTIONS. For purposes of the contribution limits imposed by subsections (e) and (f), the contributions of an entity whose contributions are directed and controlled by any lobbyist shall be aggregated with contributions made by that lobbyist as set forth in Section 1.114(c).

(g) REGULATIONS. The Ethics Commission may adopt regulations implementing this Section 2.115, but such regulations may not establish any exceptions from the limits and prohibitions set forth therein.

SEC. 2.116. LOBBYIST TRAINING.

(b) The Ethics Commission shall make lobbyist training sessions available on its website.

SEC. 2.117. LOBBYING BY CAMPAIGN CONSULTANTS.

(b) EXCEPTIONS.

(1) This prohibition shall not apply to:

(A) an employee of a campaign consultant whose sole duties are clerical; or

(c) DEFINITIONS. Whenever the following words or phrases are used in this Section, they shall mean:

(1) "Campaign consultant" shall have the same meaning as in Article I, Chapter 5, Section 1.505 of this Code.

(2) "Campaign consulting services" shall have the same meaning as in Article I, Chapter 5, Section 1.505 of this Code.

(4) "Employee" shall mean an individual employed by a campaign consultant, but does not include any individual who has an ownership interest in the campaign consultant that employs them.

SEC. 2.120. EMPLOYMENT OF CITY AND COUNTY OFFICERS OR EMPLOYEES; APPOINTMENT OF EMPLOYEE TO CITY AND COUNTY OFFICE.

SEC. 2.130. EMPLOYMENT OF UNREGISTERED PERSONS.

SEC. 2.135. FILING UNDER PENALTY OF PERJURY; RETENTION OF DOCUMENTS; AUDITS.

(a) All information required under this Chapter shall be submitted to the Ethics Commission, in the format designated by the Commission, which may include an electronic format. The lobbyist shall verify, under penalty of perjury, the accuracy and completeness of the information provided under this Chapter.

SEC. 2.136. FALSE INFORMATION; DUTY TO COOPERATE AND ASSIST.

SEC. 2.140. POWERS AND DUTIES OF THE ETHICS COMMISSION.

(a) The Ethics Commission shall prescribe the format for the submission of all information required by this Chapter.

(f) The Ethics Commission shall have the power to adopt all reasonable and necessary rules and regulations for the implementation of this Chapter pursuant to Charter Section 15.102.

(g) The Ethics Commission shall conduct quarterly workshops concerning the laws relating to lobbying.

SEC. 2.145. ADMINISTRATIVE AND CIVIL ENFORCEMENT AND PENALTIES.

(b) Any person who violates this Chapter, including but not limited to, by providing inaccurate or incomplete information regarding lobbying activities, may be liable in an administrative proceeding before the Ethics Commission pursuant to Charter Section C3.699-13. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters regarding potential violations of this Chapter both to the lobbyist and the person who pays or employs the lobbyist.

(e) JOINT AND SEVERAL LIABILITY.

(1) Should two or more persons be responsible for any violation under this Chapter, they may be jointly and severally liable.

(f) The City Attorney may also bring an action to revoke for up to one year the registration of any lobbyist who has knowingly violated this Chapter.

SEC. 2.150. LIMITATION OF ACTIONS.

SEC. 2.155. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase or portion of this Chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter or its application to other persons. The voters hereby declare that they would have adopted this Chapter, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, to be declared invalid or unconstitutional.

Section 3. Article III, Chapter 1 of the Campaign and Governmental Conduct Code is hereby amended by revising Sections 3.1-102 and 3.1-102.5, to read as follows:

SEC. 3.1-102. FILING REQUIREMENTS.

(a) Officers and Employees. Each officer and employee of the City and County of San Francisco holding a position designated in this Chapter 1, other than those officials identified in Section 3.1-500, shall file statements disclosing the information required by the disclosure categories set forth in this Chapter, on such forms as may be specified by the Fair Political Practices Commission in a format specified by the Ethics Commission (Form 700 unless otherwise provided by the Commission), and at such times required by Regulation 18730. A copy of the forms to be used shall be supplied by the Ethics Commission to each filing officer, upon request. Every officer and employee holding a position designated in this Chapter shall retain his or her filing obligations, notwithstanding any reclassification or title change that may occur in the future as to the same job duties.

(b) Candidates. Each candidate for City elective office, as that term is defined in Chapter 1 of Article I of this Code, shall file no later than the final filing date for a declaration of candidacy, a statement disclosing the information required by the disclosure category for the City elective office sought by the candidate. Candidates shall file such statements with the Department of Elections on the same forms as used by filers under subsection (a) of this Section 3.1-102. This statement shall not be required if the candidate has filed, within 60 days prior to the filing of his or her declaration of candidacy, a statement for the same jurisdiction pursuant to this Chapter or Sections 87202 or 87203 of the California Government Code.

(1) Criminal Penalties. Any person who knowingly or willfully violates this Section 3.1-102 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000 for each violation or by imprisonment in the County jail for a period of not more than one year in jail or by both such fine and imprisonment.

(2) Civil Penalties. Any person who intentionally or negligently violates this Section 3.1-102 shall be liable in a civil action brought by the City Attorney for an amount up to $5,000 for each violation.

(3) Injunctive Relief. The City Attorney or any San Francisco resident may bring a civil action on behalf of the people of San Francisco to enjoin violations of or compel compliance with this Section 3.1-102.

(A) No resident may commence a civil action under this Section 3.1-102 without first notifying the City Attorney in writing of the intent to file a civil action under this Section 3.1-102. If the City Attorney fails to notify the resident within 120 days of receipt of the notice that the City Attorney has filed or will file a civil action, the complainant may file the action. No resident may file an action under this Section 3.1-102 if the City Attorney responds within 120 days that the City Attorney intends to file an action or has already filed a civil action.

(B) No resident may bring an action under this Section 3.1-102 if the Ethics Commission has issued a finding of probable cause arising out of the same facts, the District Attorney has commenced a criminal action arising out of the same facts, or another resident has filed a civil action under this Section arising out of the same facts.

(C) A court may award reasonable attorney's fees and costs to any resident who obtains injunctive relief under this Section 3.1-102.

(4) Administrative Penalties. Any person who violates this Section 3.1-102 shall be subject to and may be held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters to City officers and employees.

(5) Statute of Limitations. No person may bring a criminal, civil, or administrative action under this Section 3.1-102 against any other person more than four years after the date of the alleged violation.

SEC. 3.1-102.5. FAILURE TO FILE.

(a) Potential Discipline. Subject to the removal and Civil Service provisions of the Charter as well as any applicable Civil Service Rules, any officer or employee of the City and County of San Francisco who fails to file any statement required by Sections 3.1-101 and 3.1-102 of this Chapter 1 within 30 days after receiving notice from the Ethics Commission of a failure to file may be subject to disciplinary action by ~~his or her~~ their appointing authority, including removal from office or termination of employment.

(b) Warning Letter. The Ethics Commission may issue a letter to an appointing authority recommending suspension or removal of any City officer or termination of any City employee who has failed to file a statement required by Sections 3.1-101 and 3.1-102 of this Chapter 1 if the City officer or employee has not filed the required statement within 30 days of receiving notice from the Ethics Commission of ~~his or her~~ their failure to file.

(c) Required Disqualification by Members of Boards and Commissions. Members of City boards or commissions who have failed to file statements required by Sections 3.1-101, 3.1-102, and 3.1-103 of the Campaign and Governmental Conduct Code (Form 700 Statements of Economic Interests, Sunshine Ordinance Declarations, and Certificates of Ethics Training) by the applicable filing deadline shall be disqualified from all participation in and voting on matters listed on their boards’ and commissions’ meeting agendas.

(1) Waiver. A member of a City board or commission may seek a waiver for cause from the Ethics Commission’s Executive Director excusing ~~his or her~~ the member’s failure to file the statements required by Sections 3.1-101, 3.1-102, and 3.1-103 of the Campaign and Governmental Conduct Code. If the Executive Director grants such a waiver, the member of a board or commission will not be disqualified under this subsection (c); provided that after a member of board or commission has sought a waiver and while the waiver is pending before the Executive Director, the member shall continue to be disqualified.

(2) Subsequent Filing of Required Statements. After a member of City board or commission files any delinquent statement required by Sections 3.1-101, 3.1-102, and 3.1-103 of the Campaign and Governmental Conduct Code, the member shall no longer be disqualified under this subsection (c).

(3) Penalties and Enforcement.

(A) Criminal Penalties. Any person who knowingly or willfully violates this subsection (c) shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000 for each violation or by imprisonment in the County jail for a period of not more than one year in jail or by both such fine and imprisonment.

(B) Civil Penalties. Any person who intentionally or negligently violates this subsection (c) shall be liable in a civil action brought by the City Attorney for an amount up to $5,000 for each violation.

(C) Injunctive Relief. The City Attorney or any San Francisco resident may bring a civil action on behalf of the people of San Francisco to enjoin violations of or compel compliance with this subsection (c).

(i) No resident may commence a civil action under this subsection (c) without first notifying the City Attorney in writing of the intent to file a civil action under this subsection (c). If the City Attorney fails to notify the resident within 120 days of receipt of the notice that the City Attorney has filed or will file a civil action, the complainant may file the action. No resident may file an action under this subsection (c) if the City Attorney responds within 120 days that the City Attorney intends to file an action or has already filed a civil action.

(ii) No resident may bring an action under this subsection (c) if the Ethics Commission has issued a finding of probable cause arising out of the same facts, the District Attorney has commenced a criminal action arising out of the same facts, or another resident has filed a civil action under this Section arising out of the same facts.

(iii) A court may award reasonable attorney's fees and costs to any resident who obtains injunctive relief under this subsection (c).

(D) Administrative Penalties. Any person who violates this subsection (c) shall be subject to and may be held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters to City officers and employees.

(E) Statute of Limitations. No person may bring a criminal, civil, or administrative action under this subsection (c) against any other person more than four years after the date of the alleged violation.

(d) Public Announcement. If a member of a City board or commission has failed to file a required statement (Form 700 Statement of Economic Interests, Sunshine Ordinance Declaration, or Certificate of Ethics Training), at the beginning of each meeting of the board or commission that occurs after the applicable deadline for the required statement and before the member of the board or commission files the required statement, the Commission Secretary, or any City staff who fulfills that role, shall announce that the member of the board or commission has failed to file a statement required by Sections 3.1-101, 3.1-102, and 3.1-103 of this Chapter 1 and that the member will be disqualified from all participation in and voting on matters coming before the board or commission.

Section 4. Article III, Chapter 2 of the Campaign and Governmental Conduct Code is hereby amended by revising Sections 3.203 (with added definitions placed in alphabetical sequence), 3.204, 3.214, 3.216, and 3.242, deleting the entire text of Section 3.218 and replacing it with added new text, and adding Sections 3.205, 3.217, and 3.243, to read as follows:

SEC. 3.203. DEFINITIONS.

Whenever in this Chapter 2 the following words or phrases are used, they shall mean:

“Affiliate” shall mean any member of an entity’s board of directors or any of that entity’s principal officers, including its chairperson, chief executive officer, chief financial officer, chief operating officer, and any person with an ownership interest of more than 10% in the entity.

“Anything of value” shall mean any money or property, private financial advantage, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the City, or contributions as defined herein~~, or gifts that qualify for gift exceptions established by State or local law~~.

“Appointed department head” shall mean any department head who is required to file a Statement of Economic Interests as set forth in Section 3.1-103(b)(1) of this Code, except for the Assessor-Recorder, City Attorney, District Attorney, Mayor, Public Defender, Sheriff, and Treasurer.

* * * *

“Contract” shall mean any agreement, including any amendment or modification to an agreement, with the City and County of San Francisco for:

(a) the rendition of personal services,

(b) the furnishing of any material, supplies, or equipment,

(c) the sale or lease of any land or building,

(d) a grant, loan, or loan guarantee, or

(e) a development agreement.

* * * *

“Department head” shall mean any City official who is required to file a Statement of Economic Interests as set forth in Section 3.1-103(b)(1) of this Code.

“Doing business with the department” shall mean:

(a) being a party to or seeking to become a party to a contract with the department, until 12 months after the term of the contract ends or, if no contract is approved, 12 months after negotiations regarding the contract terminate; or

(b) seeking, obtaining, or possessing a license, permit, or other entitlement for use issued by the department, and appealable to or approved by the department head, the department’s board or commission, or the Board of Supervisors, until 12 months after the date the license, permit, or other entitlement for use was issued, extended, or otherwise approved or, if no license, permit, or other entitlement for use was issued or approved, 12 months after the day the final decision not to issue or approve was made.

“Family member” shall mean an immediate family member, sibling, parent, grandparent, grandchild, aunt, uncle, niece, nephew, or sibling of a spouse or registered domestic partner. Each term shall be inclusive of relationships established by birth, adoption, or marriage.

* * * *

“Gift” shall mean any payment that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. Any gift exceptions established by State law shall not apply to “gift,” as used in this Chapter.

* * * *

“License, permit, or other entitlement for use” shall mean business, professional, trade, and land use licenses and permits and other entitlements for use, including land use entitlements, as defined in California Government Code Section 84308 and its implementing regulations, as amended from time to time, provided that “entitlement for use” shall not include any contract, as defined in this Section 3.203.

* * * *

“Payment” shall mean a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services, or anything else of value, whether tangible or intangible.

“Restricted source” shall mean:

(a) a person doing business with or seeking to do business with the department of the officer or employee;

(b) for members of boards and commissions, including the Board of Supervisors, a person doing business with any City department pursuant to a contract that required the approval of the board or commission;

(c) a person seeking, obtaining, or possessing a license, permit, or other entitlement for use, in which the officer or employee was personally and substantially involved, until 12 months after the date the license, permit, or other entitlement for use was issued, extended, amended, or otherwise approved or, if no license, permit, or other entitlement for use was issued or approved, 12 months after the day the final decision not to issue or approve was made.

(d) an affiliate of an entity that qualifies as a restricted source under (a), (b), or (c);

(e) a person who during the prior 12 months knowingly attempted to influence the officer or employee in any legislative or administrative action;

(f) for officers, a registered lobbyist; or

(g) any permit consultant, as defined under Article III, Chapter 4 of this Code, who has registered as a permit consultant with the Ethics Commission, if the permit consultant has reported any contacts with the designated employee’s or officer’s department to carry out permit consulting services during the prior 12 months.

* * * *

SEC. 3.204. AMENDMENT OR REPEAL OF THIS CHAPTER.

The voters may amend or repeal this Chapter. The Board of Supervisors may amend this Chapter if all of the following conditions are met:

(a) The amendment furthers the purposes of this Chapter;

(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;

(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and

(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.

SEC. 3.205. ETHICS COMMISSION TRAINING.

(a) Ethics Training Requirement. Each City officer and employee required to file a statement of economic interests under Article III, Chapter 1 of this Code shall annually complete an ethics training.

(b) Administration and Content of Ethics Training. The Ethics Commission shall administer the ethics training required under subsection (a). The Ethics Commission shall determine the contents and format of the training, which shall provide information about state and local governmental ethics laws that apply to City officers and employees.

(c) Notice. Every department, board, commission, and agency of the City and County shall annually provide to its officers and employees a copy of a summary to be created by the Ethics Commission of relevant state and local ethics laws.

SEC. 3.214. DISCLOSURE OF PERSONAL, PROFESSIONAL AND BUSINESS RELATIONSHIPS.

(a) Disclosure. A City officer or employee shall disclose on the public record any personal, professional, or business relationship with any ~~individual~~ person who is the subject of or has an ownership or financial interest in the subject of a governmental decision being made by the officer or employee where as a result of the relationship, the ability of the officer or employee to act for the benefit of the public could reasonably be questioned. For the purposes of this Section 3.214, the minutes of a public meeting at which the governmental decision is being made, or if the governmental decision is not being made in a public meeting, a memorandum kept on file at the offices of the City officer or employee's department, board, commission, or agency shall constitute the public record.

(b) Penalties. A court may void any governmental decision made by a City officer or employee who fails to disclose a relationship as required by Ssubsection (a) if the court determines that: (1) the failure to disclose was willful; and (2) the City officer or employee failed to render ~~his or her~~ their decision with disinterested skill, zeal, and diligence and primarily for the benefit of the City. ~~No other penalties shall apply to a violation of this Section, provided that nothing in this Section shall prohibit an appointing authority from imposing discipline for a violation of this Section.~~

(c) Regulations. The Ethics Commission may adopt regulations setting forth the types of personal, professional, and business relationships that must be disclosed pursuant to this Section 3.214 and how the required disclosure must be made and archived.

SEC. 3.216. BRIBERY AND GIFTS.

(a) Prohibition on Bribery. ~~No person shall offer or make, and no officer or employee shall accept, any gift with the intent that the City officer or employee will be influenced thereby in the performance of any official act.~~

(1) No City officer or employee shall solicit for the benefit of any person, or accept, anything of value or contribution from any person, with the intent that the City officer or employee will be influenced or rewarded thereby in the performance of any official act.

(2) No person shall offer, provide, or agree to provide anything of value or contribution to any person, with intent to influence or reward thereby any City officer or employee in the performance of any official act.

(b) ~~General gift restrictions~~Restricted Source Rules. In addition to the gift limits, prohibitions, and reporting requirements imposed by the Political Reform Act and this Code and any subsequent amendments thereto, the following shall be prohibited:no officer or employee of the City and County shall solicit or accept any gift or loan from a person who the officer or employee knows or has reason to know is a restricted source, except loans received from commercial lending institutions in the ordinary course of business.

(1) No City officer or employee may solicit, coordinate, facilitate, or accept, any gift for themselves or for any other City officer or employee from a person who the officer or employee knows or has reason to know is a restricted source for themselves or for the recipient of the gift.

(2) No City officer or employee may solicit or accept a gift from any person, including any gift obtained through a City department, if the officer or employee knows or has reason to know that the gift was funded, provided, or directed by a restricted source.

(3) No City officer or employee may solicit or accept any gift from a restricted source for any of their family members.

(4) No lobbyist or permit consultant may offer or make a gift to any officer or employee, or any of the officer’s or employee’s family members, nor direct the offer or making of any gift by any other person, if the lobbyist or permit consultant knows or has reason to know that they are a restricted source for the officer or employee. For purposes of this subsection (b)(4), a person who is required to register as a lobbyist or permit consultant and file disclosures but fails to do so shall be considered a restricted source for any official for whom, had the person properly registered and file disclosures, the person would be considered a restricted source.

(5) No lobbyist or permit consultant may make a payment to an intermediary, including any City department, if the lobbyist or permit consultant knows or has reason to know that the intermediary will use the payment to provide a gift to any City officers or employees and that they are a restricted source for the officers or employees.

(6) No person may accept or use a payment on condition or with the agreement or mutual understanding that the payment will be used for a gift to an officer or employee, if the person knows or has reason to know that the source of the payment is a restricted source for the officer or employee.

(1) Restricted Source. For purposes of this section, a restricted source means: (A) a person doing business with or seeking to do business with the department of the officer or employee; or (B) a person who during the prior 12 months knowingly attempted to influence the officer or employee in any legislative or administrative action.

(2) Gift. For purposes of this subsection, the term gift has the same meaning as under the Political Reform Act, California Government Code Section 81000 et seq., and the regulations adopted thereunder, including any subsequent amendments. Gifts exempted from the limits imposed by California Government Code Section 89503 and Section 3.1-101 of the Campaign and Governmental Conduct Code shall also be exempted from the prohibition set forth in this subsection.

~~(3)~~ (7) Regulations. The Ethics Commission ~~shall~~ may issue regulations implementing this ~~section~~Section 3.216, including regulations exempting ~~voluntary~~certain gifts ~~that are nominal in value such as gifts that are given by vendors to clients or customers in the normal course of business~~.

(c) Gifts and Loans from Subordinates. No officer or employee shall solicit or accept any gift or loan, either directly or indirectly, from any subordinate or employee under ~~his or her~~ their supervision or from any candidate or applicant for a position as a subordinate or employee under ~~his or her~~their supervision. The Ethics Commission ~~shall~~ may issue regulations implementing this Section 3.216, including regulations exempting ~~voluntary~~certain gifts that are given ~~or received for special occasions or under other~~ under circumstances in which gifts are traditionally given or exchanged.

* * * *

(e) Restrictions. Nothing in this section 3.216 shall prohibit a City department, agency, board, or commission from imposing additional gift restrictions on its officers or employees.

(f) Aggregation of Gifts. For purposes of this Section 3.216, gifts shall be aggregated as set forth in California Code of Regulations, Title 2, Section 18945.1, as amended from time to time.

SEC. 3.217. DISCLOSURE OF GIFTS TO THE CITY.

(a) Disclosure Requirement. Any department head whose City department receives any payment from a non-City source for which equal or greater consideration is not provided by the department must disclose the payment to the Ethics Commission. A department head who fails to timely report any such payment, or, if the department head has delegated the filing responsibility to a subordinate, whose subordinate fails to timely report any such payment, may be subject to discipline by the department head’s appointing authority but shall not be subject to penalties under Section 3.242.

(b) Contents. The disclosure required in subsection (a) must include the following:

(1) the name of the source of the payment;

(2) the date of the payment;

(3) the total value of the payment;

(4) if the payment includes goods or services, a description of the goods or services;

(5) the purpose and use of the payment;

(6) the name of any City officer or employee that receives a personal benefit from the gift or through the City’s use of the gift;

(7) a description and valuation of the personal benefits received by any City officer or employee through the department’s use of the gift;

(8) a description of any contract that the payor has with the department;

(9) a description of any license, permit, or other entitlement for use that the payor is currently seeking from the department or has been issued by the department within the last 12 months to the payor; and

(10) a description of any financial interest the payor has involving the City.

(c) Deadline for Initial Filing. The disclosure required in subsection (a) must be filed no later than the fifteenth calendar day following the end of the month in which the payment was received by the department.

(d) Supplemental Filings. If any of the information disclosed by the department head in the initial filing made pursuant to subsection (c) changes after the time of the initial filing, the department head must submit a supplemental filing within 30 days that describes those changes.

(e) Form. The disclosures required by this Section 3.217 must be made in a form and format prescribed by the Ethics Commission and may include an electronic format.

(f) Exception – Payments from Government Agencies. Payments from local, state, and federal government agencies to City departments are not subject to the disclosures required in this Section 3.217.

SEC. 3.218. INCOMPATIBLE ACTIVITIES.

(a) Prohibition. No officer or employee of the City and County may engage in any employment, activity, or enterprise that the department, board, commission, or agency of which he or she is a member or employee has identified as incompatible in a statement of incompatible activities adopted under this Section. No officer or employee may be subject to discipline or penalties under this Section unless he or she has been provided an opportunity to demonstrate that his or her activity is not in fact inconsistent, incompatible or in conflict with the duties of the officer or employee.

(b) Statement of Incompatible Activities. Every department, board, commission, and agency of the City and County shall, by August 1 of the year after which this Section becomes effective, submit to the Ethics Commission a statement of incompatible activities. No statement of incompatible activities shall become effective until approved by the Ethics Commission after a finding that the activities are incompatible under the criteria set forth in Subsection (c). After initial approval by the Ethics Commission, a department, board, commission or agency of the City and County may, subject to the approval of the Ethics Commission, amend its statement of incompatible activities. The Ethics Commission may, at any time, amend the statement of incompatible activities of any department, board, commission or agency of the City and County.

(c) Required Language. Each statement of incompatible activities shall list those outside activities that are inconsistent, incompatible, or in conflict with the duties of the officers and employees of the department, board, commission, or agency of the City and County. This list shall include, but need not be limited to, activities that involve: (1) the use of the time, facilities, equipment and supplies of the City and County; or the badge, uniform, prestige, or influence of the City and County officer or employee's position for private gain or advantage; (2) the receipt or acceptance by an officer or employee of the City and County of any money or other thing of value from anyone other than the City and County for the performance of an act that the officer or employee would be required or expected to render in the regular course of his or her service or employment with the City and County; (3) the performance of an act in a capacity other than as an officer or employee of the City and County that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of the City and County officer or employee's department, board, commission or agency; and (4) time demands that would render performance of the City and County officer or employee's duties less efficient. The Ethics Commission may permit City boards and commissions to exclude any required language from their statement of incompatible activities if their members, by law, must be appointed in whole or in part to represent any profession, trade, business, union or association.

(d) Meet and Confer. No statement of incompatible activities or any amendment thereto shall become operative until the City and County has satisfied the meet and confer requirements of State law.

~~(e) Notice. Every department, board, commission and agency of the City and County shall annually provide to its officers and employees a copy of its statement of incompatible activities.~~

(f) Existing Civil Service Rules. Rules and Regulations relating to outside activities previously adopted or approved by the Civil Service Commission shall remain in effect until statements of incompatible activities are adopted pursuant to this Section.

(a) Prohibitions. City officers and employees shall not engage in the following activities:

(1) Activities Subject to the Department’s Jurisdiction. City officers and employees shall not engage in activities that are subject to the control, inspection, review, audit, permitting, enforcement, contracting, or are otherwise within the responsibility of the officer or employee’s department. But City officers and employees may engage in certain activities including, but not limited to, the following: being a party to a matter before or otherwise appearing before one’s own department or commission on behalf of oneself or one’s immediate family, filing or otherwise pursuing claims against the City on one’s own behalf, making a public records disclosure request or other request for information as permitted by law, attending and participating in a meeting of a board, commission, or other policy body under the Brown Act or Sunshine Ordinance, and engaging in non-compensated, volunteer activity for a nonprofit organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(5). Incompatible activities prohibited by this subsection (a)(1) shall include, but are not limited, to the following:

(A) contracting with one’s own department or serving on the board of directors for an entity that contracts with one’s own department (but this prohibition shall not extend to any entity solely because an officer or employee’s spouse or registered domestic partner serves as a member of its board of directors);

(B) acquiring an ownership interest in real property, if the officer or employee had participated personally and substantially in the permitting or inspection of that property within the 12 months prior to the acquisition; and

(C) having or acquiring a financial interest in any financial products issued or regulated by the officer or employee’s department.

(2) Selective Assistance. City officers and employees shall not provide assistance or advice that is not generally available to all persons, in a manner that confers an advantage on any person who is doing business or seeking to do business with the City. This subsection (a)(2) shall not prohibit an officer or employee from communicating with individual applicants regarding the individual's application, bid, or proposal, provided that such assistance is provided on an impartial basis to all applicants who request it and is part of the officer or employee’s City duties.

(3) Use of City Resources. City officers and employees shall not engage in the use, other than minimal or incidental use, of the time, facilities, equipment, or supplies of the City for private gain or advantage. Nothing in this subsection (a)(3) shall be interpreted or applied to interfere with, restrict, or supersede any rights or entitlements of employees, recognized employee organizations, or their members under state law or regulation or pursuant to provisions of a collective bargaining agreement to use City facilities, equipment, or resources.

(4) Use of Prestige of Office. City officers and employees shall not engage in the use of any marker (including without limitation a badge, uniform, or business card), prestige, or influence of the City officer or employee's position for private gain or advantage.

(5) Use of City Work Product. City officers and employees shall not sell, publish, or otherwise use, in exchange for anything of value and without appropriate authorization, any non-public materials that were prepared on City time or while using City facilities, property (including without limitation, intellectual property), equipment, or other materials. Nothing in this subsection (a)(5) shall be interpreted or applied to interfere with, restrict, or supersede any rights or entitlements of employees, recognized employee organizations, or their members under state law or regulation or pursuant to provisions of a collective bargaining agreement to use public materials for collective bargaining agreement negotiations.

(6) Acting as an Unauthorized City Representative. City officers and employees shall not hold themselves out as a representative of their departments, or as an agent acting on behalf of their departments, unless authorized to do so, including the use of City letterhead, title, e-mail, business card, or any other resource for any communication that may lead the recipient of the communication to think that the officer or employee is acting in an official capacity when the officer or employee is not.

(7) Compensation for City Duties or Advice. City officers and employees shall not receive or accept a payment from anyone other than the City for the performance of a specific service or act the officer or employee would be expected to render or perform in the regular course of their City duties or for advice about the processes of the City directly related to the officer or employee’s duties and responsibilities or the processes of the officer or employee’s department.

(8) Lobbying Activity. City officers and employees shall not receive or accept a payment from anyone other than the City in exchange for communicating with any other City officer or employee within their own department with the intent to influence an administrative or legislative action.

(b) Excessive Time Demands or Regular Disqualifications. No City appointed department head or employee may engage in any activity that either imposes excessive time demands such that it materially impairs the appointed department head’s or employee's performance of their City duties or that disqualifies the appointed department head or employee from their City assignments or responsibilities on a regular basis.

(1) Advance Written Determination. An appointed department head or employee may seek an advance written determination from the decision-maker specified in subsection (b)(2) below as to whether a proposed outside activity would impose excessive time demands or require regular disqualifications and would therefore be prohibited under this subsection (b).

(2) Decision-Maker.

(A) For a request by an employee, the department head of the employee’s department or the department head’s designee shall be the decision-maker on a request for an advance written determination. If the department head delegates the decision-making to a designee and if the designee determines that the proposed activity imposes excessive time demands or results in regular disqualifications, the employee may appeal that determination to the department head.

(B) For a request by an appointed department head, the department head’s appointing authority shall be the decision-maker on a request for an advance written determination.

(C) The decision-maker shall respond to the request by providing a written determination to the requestor by mail, email, personal delivery, or other reliable means. For a request by an employee, the decision-maker shall provide the determination within a reasonable period of time depending on the circumstances and the complexity of the request, but not later than 20 working days from the date of the request. If the decision-maker does not provide a written determination to the employee within 20 working days from the date of the employee’s request, the proposed activity will be determined not to violate this Subsection 3.218(b).

(3) Effect. An advance written determination approved by the appropriate decision-maker that an activity does not impose excessive time demands or require regular disqualifications provides the officer or employee immunity from any subsequent enforcement action for a violation of subsection (b) if the material facts are as presented in the appointed department head or employee’s request for an advance written determination. An advance written determination cannot exempt the requestor from any other applicable laws.

(4) Public Records. Requests for advance written determinations and advance written determinations, including approvals and denials, are public records.

(c) Statements of Incompatible Activities. Statements of Incompatible Activities adopted and approved prior to March 5, 2024 are hereby repealed and shall no longer have any legal effect. Any administrative or disciplinary proceedings initiated prior to the repeal of a Statement of Incompatible Activities alleging violations of the Statement of Incompatible Activities may continue.

SEC. 3.242. PENALTIES AND ENFORCEMENT.

(a) Criminal Penalties. Any person who knowingly or willfully violates ~~any of the City's conflict of interest and governmental ethics laws~~ this Chapter 2 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000 for each violation or by imprisonment in the County jail for a period of not more than one year in jail or by both such fine and imprisonment.

(b) Civil Penalties. Any person who intentionally or negligently violates ~~any City conflict of interest or governmental ethics law~~ this Chapter 2 shall be liable in a civil action brought by the City Attorney for an amount up to $5,000 for each violation.

(c) Injunctive Relief. The City Attorney or any San Francisco resident may bring a civil action on behalf of the people of San Francisco to enjoin violations of or compel compliance with ~~a conflict of interest or governmental ethics law~~ this Chapter 2.

(1) No resident may commence a civil action under this Section 3.242 without first notifying the City Attorney in writing of the intent to file a civil action under this Section 3.242. If the City Attorney fails to notify the resident within 120 days of receipt of the notice that the City Attorney has filed or will file a civil action, the complainant may file the action. No resident may file an action under this Section 3.242 if the City Attorney responds within 120 days that the City Attorney intends to file an action or has already filed a civil action.

(2) No resident may bring an action under this Section 3.242 if the Ethics Commission has issued a finding of probable cause arising out of the same facts, the District Attorney has commenced a criminal action arising out of the same facts, or another resident has filed a civil action under this Section 3.242 arising out of the same facts.

(3) A court may award reasonable attorney's fees and costs to any resident who obtains injunctive relief under this Section 3.242.

(d) Administrative Penalties. Any person who violates ~~any of the City's conflict of interest or governmental ethics laws~~ this Chapter 2 shall be liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters to City officers and employees.

(e) Statute of Limitations. No person may bring a criminal, civil or administrative action under this Section 3.242against any other person more than four years after the date of the alleged violation.

SEC. 3.243. ELECTRONIC FILING OF DISCLOSURES.

The Ethics Commission may require electronic filing of any disclosure required under this Chapter.

Section 5. The voters hereby re-authorize and re-enact in its entirety Article III, Chapter 3 of the Campaign and Governmental Conduct Code, and add Section 3.303 to Article III, Chapter 3, to read as follows:

~~SEC. 3.300. ETHICS COMMISSION.~~

~~The powers and duties of the Ethics Commission are governed by Charter Sections 15.100, et seq., and Appendix C, Sections C3.699-10-C3.699-16.~~

~~SEC. 3.301. MEETINGS TO BE TELEVISED.~~

The Ethics Commission shall televise its regular and special meetings on San Francisco Government Television (SFGovTV). The Ethics Commission shall not be required to televise the portions of its meetings that are held in closed session or otherwise required to be confidential.

~~SEC. 3.302. PUBLIC GUIDE FOR CONTRIBUTORS.~~

The Ethics Commission shall prepare and distribute a public guide regarding campaign contributions. The guide shall include a summary of local law regarding contribution limits, required reporting by contributors and committees, and rules regarding who may contribute to committees. The guide shall be for informational purposes only, and shall not have the force or effect of law or regulation.

SEC. 3.300. ETHICS COMMISSION.

The powers and duties of the Ethics Commission are governed by Charter Sections 15.100, et seq., and Appendix C, Sections C3.699-10-C3.699-16.

SEC. 3.301. MEETINGS TO BE TELEVISED.

SEC. 3.302. PUBLIC GUIDE FOR CONTRIBUTORS.

SEC. 3.303. AMENDMENT OR REPEAL OF THIS CHAPTER.

The voters may amend or repeal this Chapter 3. The Board of Supervisors may amend this Chapter 3 if all of the following conditions are met:

(a) The amendment furthers the purposes of this Chapter;

(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;

(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and

(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.

Section 6. The voters hereby re-authorize and re-enact in its entirety Article III, Chapter 4 of the Campaign and Governmental Conduct Code, in the process rewording subsection (b) of Section 3.415, deleting former Section 3.420, and adding new Sections 3.403 and 3.420, to read as follows:

~~SEC. 3.400A. FINDINGS.~~

The Board of Supervisors finds that bringing greater transparency to the City and County’s permitting process is essential to protect public confidence in the fairness and impartiality of that process. It is the purpose and intent of this Chapter 4 to impose reasonable disclosure requirements on permit consultants to provide the public with information about who is paying the consultants, the permits they are getting paid to obtain, the City employees with whom they have had contact in the course of obtaining the permits, and the political contributions they have made to City officials.

~~SEC. 3.400. PERMIT APPLICATION PROCESSING.~~

(a) EQUAL TREATMENT OF PERMIT APPLICANTS. It shall be the policy of the Department of Building Inspection, the Planning Department, the Department of Public Works and the officers and employees of such departments to treat all permit applicants the same regardless of the relationship of the applicant and/or the applicant's representatives to any officer or employee of the City and County and regardless of whether the applicant hires a permit consultant to provide permit consulting services. Intentional preferential treatment of any permit applicant and/or the applicant's representatives by any officer or employee of the Department of Building Inspection, the Planning Department, or the Department of Public Works shall subject the officer or employee to disciplinary action for official misconduct.

(b) APPLICATION PRIORITY. It shall be the policy of the Department of Building Inspection, the Planning Department, the Department of Public Works and the officers and employees of such departments to review, consider, and process all applications, revisions, corrections and other permit-related material in the order in which that type of material is received unless there is a written finding of a public policy basis for not doing so, such as the involvement of public funds in the project for which the permit is sought, or the response to a delay caused by an earlier procedural error in processing the permit or another permit for the same project. Absent such a finding, any officer or employee of the Department of Building Inspection, the Planning Department, or the Department of Public Works who intentionally fails to review, consider, and process all applications, revisions, corrections, and other permit-related material in the order in which that type of material is received shall be subject to disciplinary action for official misconduct. The Department of Building Inspection, the Planning Department, and the Department of Public Works shall each adopt written guidelines for determining when there is a public policy basis for processing permit material out of order and shall periodically review such guidelines. For purposes of this Section 3.400, and any corresponding written guidelines, expediting of work consisting primarily of disability access improvements for real property shall qualify as a public policy basis for processing permit material out of order, on a priority basis.

(c) PERIODIC REVIEW AND COORDINATION OF PERMIT PRIORITIZATION GUIDELINES. The Department of Building Inspection, the Planning Department, and the Department of Public Works shall review and update their respective permit prioritization guidelines as provided in this subsection (c).

(1) Interdepartmental Permit Prioritization Task Force Review of Permit Prioritization Guidelines.

(A) Establishment of Permit Prioritization Task Force. There is hereby established an interdepartmental Permit Prioritization Task Force (“Task Force”) consisting of five members. Four members of the Task Force shall be appointed by the Director of the Department of Building Inspection, the Planning Director, the Public Works Director, and the President of the Board of Supervisors, respectively. All such appointees shall be City employees and shall serve at the pleasure of their appointing authority; the appointee of the President of the Board of Supervisors shall be an employee or official of the Board of Supervisors. The appointing authorities for the Task Force shall make their initial appointments no later than 60 days after the effective date of the ordinance in Board File No. 230167, creating the Task Force. The Director of the Permit Center or the Director’s designee shall also be a member of the Task Force and shall serve as chair of the Task Force. The Permit Center shall provide administrative support to the Task Force.

(B) Powers and Duties of Task Force. The Task Force shall recommend permit prioritization guidelines for the Department of Building Inspection, the Planning Department, and the Department of Public Works to the respective department heads and oversight commissions. The Task Force shall create a recommended Citywide list of prioritized permits and project types and shall use that list to recommend changes to the departments’ respective permit prioritization guidelines. The permit prioritization guidelines shall include a goal for the amount of time required for the department’s review of each priority permit type.

(2) Department and Commission Review and Approval of Permit Prioritization Guidelines. The Building Inspection Commission, the Planning Commission, and the Public Works Commission shall approve the permit prioritization guidelines and any changes to such guidelines for the department each commission oversees. The department heads and oversight commissions shall consider the Task Force’s Citywide list of prioritized permits and project types and the Task Force’s recommendations in making modifications to the department’s prioritization guidelines. Each department shall retain discretion to designate department-specific prioritized permits.

(3) No later than June 30, 2024, the Task Force shall approve the recommended Citywide list of prioritized permits and project types, make recommendations to the Department of Building Inspection, the Planning Department, and the Department of Public Works for updates to their respective prioritization guidelines, and each such department and oversight commission shall approve any modifications to its prioritization guidelines.

(4) Ongoing Review of Prioritization Guidelines. Following the first review process required by subsection (c)(3) of this Section 3.400, the Department of Building Inspection, the Planning Department, and the Department of Public Works shall review their prioritization guidelines prior to June 30, 2026 and no later than June 30 every other year thereafter and, with commission approval, make any changes deemed necessary or appropriate. The Director of the Permit Center may reconvene the Task Force by providing notice to the appointing authorities of the Task Force members, upon determining that it is in the public interest to modify the recommended Citywide list prioritized permits and project types and/or to recommend modifications to one or more of the departments’ prioritization guidelines.

(5) Data Collection and Reporting. The Department of Building Inspection, the Planning Department, and the Department of Public Works shall collect data on the processing time for each permit type included in their respective permit prioritization guidelines. On an annual basis at least 60 days prior to the reporting deadline to the Mayor and Board of Supervisors specified in this subsection (c)(5), such departments shall each transmit to the Director of the Permit Center data concerning the department’s average processing time for each prioritized permit type in the previous calendar year. The departments may separately report the average time the department is awaiting a response from the permit applicant per prioritized permit type, where such data is available. Where data is available, such departments shall also include data concerning the impact of prioritization on permit types that are not prioritized. Alternatively, the departments may provide the Director of the Permit Center direct access to their electronic permitting systems so that the Director may gather the required data. The Director of the Permit Center shall compile such data and transmit an annual report to the Mayor and the Board of Supervisors no later than June 30, 2025, and every year thereafter no later than June 30.

(6) Sunset. This subsection (c) shall expire by operation of law, and the Task Force shall terminate, on June 30, 2030, unless extended by ordinance. No later than January 1, 2030, the Director of the Permit Center shall submit a recommendation to the Board of Supervisors and the Mayor concerning reauthorization of this subsection (c). In the event that this subsection expires, the City Attorney shall cause it to be removed from the Campaign and Governmental Conduct Code and shall renumber the subsections of this Section 3.400 to conform to the removal of subsection (c).

(d) PERMIT PROCESSING CODE OF CONDUCT. No later than 60 days after the effective date of this Article, the Ethics Commission shall adopt a code of conduct for permit processing (the “Permit Processing Code of Conduct”) containing ethical guidelines for permit applicants, permit consultants, and officers and employees of the Department of Building Inspection, the Planning Department, the and Department of Public Works. The Permit Processing Code of Conduct shall be posted in a conspicuous place in each department, and a copy shall be distributed to each officer of the City and County who makes or participates in making decisions related to permit applications.

SEC. 3.400A. FINDINGS.

SEC. 3.400. PERMIT APPLICATION PROCESSING.

(1) Interdepartmental Permit Prioritization Task Force Review of Permit Prioritization Guidelines.

SEC. 3.403. AMENDMENT OR REPEAL OF THIS CHAPTER.

The voters may amend or repeal this Chapter 4. The Board of Supervisors may amend this Chapter 4 if all of the following conditions are met:

(a) The amendment furthers the purposes of this Chapter;

(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;

(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and

(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.

~~SEC. 3.405. DEFINITIONS.~~

~~"Client" means the person for whom permit consulting services are performed by a permit consultant.~~

"Contact" means any communication, oral or written, including communication made through an agent, associate or employee. A "contact" shall not include a request for information, as long as the request does not include any attempt to influence an administrative or legislative decision.

"Major project" means any project located in the City and County which has actual or estimated construction costs exceeding $1,000,000 and which requires a permit issued by the Department of Building Inspection or the Planning Department. Estimated construction costs shall be calculated in the same manner used to determine building permit fees under the Building Code.

~~"Minor Project" means any project located in the City and County which requires a permit issued by the Entertainment Commission.~~

"Permit consultant" is any individual who receives or is promised compensation to provide permit consulting services to commence on or after January 1, 2015 on a Major Project or a Minor Project. This includes any employee who receives compensation attributable to time spent on permit consulting services. This does not include:

~~(1) The licensed architect or engineer of record for construction activity allowed or contemplated by the permit, or an employee of the architect or engineer;~~

~~(2) The contractor who will be responsible for all construction activity associated with the requested permit; or~~

(3) The employee or agent of an organization with tax exempt status under 26 United States Code Section 501(c)(3) communicating on behalf of that organization regarding the development of a project for that organization.

"Permit consulting services" means any contact with the Department of Building Inspection, the Entertainment Commission, the Planning Department, or the Department of Public Works to help a permit applicant obtain a permit.

~~SEC. 3.410. PERMIT CONSULTANT REGISTRATION AND DISCLOSURES.~~

(a) REGISTRATION OF PERMIT CONSULTANTS REQUIRED. Permit consultants shall register with the Ethics Commission and comply with the disclosure requirements imposed by this Chapter. Such registration shall occur no later than five business days after providing permit consulting services, but the permit consultant shall register prior to providing any further permit consulting services.

~~(b) REGISTRATION. At the time of initial registration each permit consultant shall report to the Ethics Commission the following information:~~

~~(1) The name, business address, e-mail address, and business telephone number of the permit consultant;~~

~~(2) The name, business address, e-mail address, and business telephone number of each client for whom the permit consultant is performing permit consulting services;~~

~~(3) The name, business address, e-mail address, and business telephone number of the permit consultant's employer, firm or business affiliation; and~~

~~(4) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.~~

(c) PERMIT CONSULTANT DISCLOSURES. Beginning on April 15, 2015, each permit consultant shall file four quarterly reports, according to the following schedule: the permit consultant shall file a report on April 15 for the period starting January 1 and ending March 31; on July 15 for the period starting April 1 and ending June 30; on October 15 for the period starting July 1 and ending September 30; and on January 15 for the period starting October 1 and ending December 31. Each quarterly report shall contain the following:

(1) The name, business address, e-mail address, and business telephone number of each person from whom the permit consultant or the permit consultant's employer received or expected to receive economic consideration for permit consulting services during the reporting period, and the amount of economic consideration the permit consultant received or expected to receive;

(2) For each contact with the Department of Building Inspection, the Entertainment Commission, the Planning Department, or the Department of Public Works in the course of providing permit consulting services during the reporting period:

~~(A) The name of each officer or employee of the City and County of San Francisco with whom the permit consultant made contact;~~

~~(B) A description of the permit sought or obtained, including the application number for the permit; and~~

~~(C) The client on whose behalf the contact was made.~~

(3) All political contributions of $100 or more made by the permit consultant or the permit consultant's employer during the reporting period to an officer of the City and County, a candidate for such office, a committee controlled by such officer or candidate, a committee primarily formed to support or oppose such officer or candidate, or any committee primarily formed to support or oppose a ballot measure to be voted on only in San Francisco.

~~(4) Any amendments to the permit consultant's registration information required by Subsection (b).~~

~~(5) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.~~

~~SEC. 3.415. PENALTIES AND ENFORCEMENT.~~

(a) If any permit consultant fails to submit any information required by this Chapter after any applicable deadline, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, impose a late filing fee of $50 per day after the deadline until the information is received by the Ethics Commission. The Executive Director of the Ethics Commission may reduce or waive a late filing fee if the Executive Director determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco.

(b) Any person who knowingly or negligently violates this Chapter may be liable in an administrative proceeding before the Ethics Commission pursuant to Charter Section C3.699-13. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters regarding potential violations of this Chapter to the permit consultant.

~~(c) Any person or entity which knowingly or negligently violates this Chapter may be liable in a civil action brought by the City Attorney for an amount up to $5,000 per violation.~~

~~SEC. 3.420. ETHICS COMMISSION REPORT.~~

Between April 1 and April 15, 2016 and between April 1 and April 15, 2017, the Ethics Commission shall provide a report to the Board of Supervisors regarding the implementation of Sections 3.405 through 3.415. The report shall include, but not be limited to, the total number of registered permit consultants, the total number of investigations commenced by the Ethics Commission into possible violations of the registration and disclosure requirements, and a summary of each settlement reached with permit consultants for violating the registration or disclosure requirements.

SEC. 3.405. DEFINITIONS.

"Client" means the person for whom permit consulting services are performed by a permit consultant.

"Minor Project" means any project located in the City and County which requires a permit issued by the Entertainment Commission.

(1) The licensed architect or engineer of record for construction activity allowed or contemplated by the permit, or an employee of the architect or engineer;

(2) The contractor who will be responsible for all construction activity associated with the requested permit; or

SEC. 3.410. PERMIT CONSULTANT REGISTRATION AND DISCLOSURES.

(b) REGISTRATION. At the time of initial registration each permit consultant shall report to the Ethics Commission the following information:

(1) The name, business address, e-mail address, and business telephone number of the permit consultant;

(2) The name, business address, e-mail address, and business telephone number of each client for whom the permit consultant is performing permit consulting services;

(3) The name, business address, e-mail address, and business telephone number of the permit consultant's employer, firm or business affiliation; and

(4) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.

(A) The name of each officer or employee of the City and County of San Francisco with whom the permit consultant made contact;

(B) A description of the permit sought or obtained, including the application number for the permit; and

(C) The client on whose behalf the contact was made.

(4) Any amendments to the permit consultant's registration information required by Subsection (b).

(5) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.

SEC. 3.415. PENALTIES AND ENFORCEMENT.

(b) Any person who violates this Chapter may be liable in an administrative proceeding before the Ethics Commission pursuant to Charter Section C3.699-13. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters regarding potential violations of this Chapter to the permit consultant.

(c) Any person or entity which knowingly or negligently violates this Chapter may be liable in a civil action brought by the City Attorney for an amount up to $5,000 per violation.

SEC. 3.420. ELECTRONIC FILING OF DISCLOSURES.

The Ethics Commission may require electronic filing of any disclosure required under this Chapter 4.

Section 7. The voters hereby re-authorize and re-enact in its entirety Article III, Chapter 5 of the Campaign and Governmental Conduct Code, in the process rewording subsection (b) of Section 3.530, and add Sections 3.505 and 3.525 to Article III, Chapter 5, to read as follows:

~~SEC. 3.500. FINDINGS~~

The Board of Supervisors finds that public disclosure of the donations that developers make to nonprofit organizations that may communicate with the City and County regarding major development projects is essential to protect public confidence in the fairness and impartiality of City and County land use decisions. The Board further finds that disclosure is essential to allow the public to fully and fairly evaluate the City and County's land use decisions. It is the purpose and intent of this Chapter to impose reasonable disclosure requirements on developers to provide the public with information about these donations.

SEC. 3.500. FINDINGS

SEC. 3.505. AMENDMENT OR REPEAL OF THIS CHAPTER.

The voters may amend or repeal this Chapter 5. The Board of Supervisors may amend this Chapter 5 if all of the following conditions are met:

(a) The amendment furthers the purposes of this Chapter;

(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;

(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and

(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.

~~SEC. 3.510. DEFINITIONS.~~

"Affiliate" shall mean any individual or entity that directly or indirectly controls, is controlled by or is under common control with, another entity, and for these purposes "control" means the power to direct the affairs or management of another entity, whether by contract, operation of law or otherwise.

"CEQA" shall mean the California Environmental Quality Act (Public Resources Code Section 21,000 et seq.), the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.), and Chapter 31 of the San Francisco Administrative Code, as any of them may be amended.

"Developer" shall mean the individual or entity that is the project sponsor responsible for filing a completed Environmental Evaluation Application with the Planning Department (or other lead agency) under CEQA for a major project. For any project sponsor that is an entity, "Developer" shall include all of its constituent individuals or entities that have decision-making authority regarding any of the entity's major decisions or actions. By way of example and without limitation, if the project sponsor is a limited liability company, each of its members is considered a developer for purposes of the requirements of this Chapter, and similarly if the project sponsor is a partnership, each of its general partners is considered a developer for purposes of the requirements of this Chapter. If the owner or agent that signs and submits the Environmental Evaluation Application will not be responsible for obtaining the entitlements or developing the major project, then for purposes of the requirements of this Chapter the developer shall be instead the individual or entity that is responsible for obtaining the entitlements for the major project.

~~"Donation" shall mean any gift of money, property, goods or services.~~

"EIR" shall mean an environmental impact report prepared under CEQA. For purposes of this Chapter, an EIR shall also include, without limitation, any CEQA determination that the Planning Department or Planning Commission (or other appropriate lead agency) makes to allow consideration of approval of a major project to proceed under an EIR, a previously certified program EIR, master EIR or staged EIR.

"Entity" shall mean any partnership, corporation (including, but not limited to, any business trust or nonprofit corporation), limited liability company, joint stock company, trust, unincorporated association, joint venture or any other organization or association. "Entity" shall not include any state or local government agency.

"Major project" shall mean a real estate development project located in the City and County for which the City's Planning Commission (or any other local lead agency) has certified an EIR under CEQA and which has estimated construction costs exceeding $1,000,000. As used in the preceding sentence, the term "real estate development project" includes any project involving construction of one or more new structures or an addition to one or more existing structures, change of use within one or more existing structures, or substantial rehabilitation of one or more existing structures, where, in any such instance, the structure includes any occupiable floor area, excluding only a residential development project with four or fewer dwelling units. Estimated construction costs shall be calculated in the same manner used to determine building permit fees under the Building Code.

"Nonprofit organization" shall mean any corporation formed under California Corporations Code Section 5000 et seq. for any public or charitable purpose, or any organization described in 26 United States Code Section 501(c).

~~"Structure" shall have the same meaning as the Planning Code defines such term.~~

~~SEC. 3.520. REQUIRED DISCLOSURE.~~

(a) Any developer of a major project shall, within 30 days of the date the Planning Commission (or any other local lead agency) certifies the EIR for that project or, for a major project relying on a program EIR, within 30 days of the date that the Planning Department, Planning Commission, or any other local lead agency adopts a final environmental determination under CEQA, report the following information to the Ethics Commission:

~~(1) The name, business address, business e-mail address and business telephone number of the developer, as well as those of any affiliates that made donations subject to this Chapter.~~

~~(2) The EIR case number and a description of the major project.~~

~~(3) The date the Planning Commission (or other local lead agency) certified the EIR or adopted the final environmental determination.~~

(4) The name, business address, business e-mail address, business telephone number and website of any nonprofit organization: (A) to whom the developer or any affiliate of the developer has made cumulative donations of $5,000 or more since the date one year before the Environmental Evaluation Application for the major project was filed: and (B) that with regard to the developer's major project, has had one or more contacts with an officer of the City and County or has provided public comment at any hearing before any board or commission of the City and County. For the purpose of this Subsection 3.520(a)(4), the term "contact" shall have the same meaning as in Section 2.106 of this Code, except that a "contact" shall also include a person providing oral or written testimony that becomes part of the record of a public hearing; and the term "officer of the City and County of San Francisco" shall have the same meaning as in Section 2.105 of this Code.

~~(5) For each nonprofit organization reported under Subsection (a)(4), the date and amount of each donation the developer or affiliate made to the nonprofit during the reporting period.~~

~~(6) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.~~

(b) After a developer files a report required by Subsection (a), the developer shall file a total of four additional quarterly reports, according to the following schedule: The developer shall file a report on April 15 for the period starting January 1 and ending March 31; on July 15 for the period starting April 1 and ending June 30; on October 15 for the period starting July 1 and ending September 30; and on January 15 for the period starting October 1 and ending December 31. Each quarterly report shall include:

~~(1) The name, business address, business e-mail address, and business telephone number of the developer and any affiliates that made donations subject to this Chapter.~~

~~(2) The EIR case number and a description of the major project.~~

~~(3) The date the Planning Commission (or other local lead agency) certified the EIR or adopted the final environmental determination.~~

(4) The name, business address, business e-mail address, business telephone number and website of any nonprofit organization to which the developer has made cumulative donations of $5,000 or more since the date one year before the Environmental Evaluation Application was filed.

~~(5) For each nonprofit organization reported under Subsection (b)(4), the date and amount of each donation the developer made to the nonprofit during the reporting period.~~

~~(6) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.~~

~~(e) At the time of filing the initial report required by subsection (a), the developer shall pay a fee of $500.~~

SEC. 3.510. DEFINITIONS.

"Donation" shall mean any gift of money, property, goods or services.

"Structure" shall have the same meaning as the Planning Code defines such term.

SEC. 3.520. REQUIRED DISCLOSURE.

(1) The name, business address, business e-mail address and business telephone number of the developer, as well as those of any affiliates that made donations subject to this Chapter.

(2) The EIR case number and a description of the major project.

(3) The date the Planning Commission (or other local lead agency) certified the EIR or adopted the final environmental determination.

(5) For each nonprofit organization reported under Subsection (a)(4), the date and amount of each donation the developer or affiliate made to the nonprofit during the reporting period.

(6) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.

(1) The name, business address, business e-mail address, and business telephone number of the developer and any affiliates that made donations subject to this Chapter.

(2) The EIR case number and a description of the major project.

(3) The date the Planning Commission (or other local lead agency) certified the EIR or adopted the final environmental determination.

(5) For each nonprofit organization reported under Subsection (b)(4), the date and amount of each donation the developer made to the nonprofit during the reporting period.

(6) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.

(e) At the time of filing the initial report required by subsection (a), the developer shall pay a fee of $500.

SEC. 3.525. ELECTRONIC FILING OF DISCLOSURES.

The Ethics Commission may require electronic filing of any disclosure required under this Chapter 5.

~~SEC. 3.530. PENALTIES AND ENFORCEMENT.~~

(a) If any developer fails to submit any information required by this Chapter after any applicable deadline, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, impose a late filing fee of $50 per day after the deadline until the information is received by the Ethics Commission. The Executive Director of the Ethics Commission may reduce or waive a late filing fee if the Executive Director determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco.

(b) Any person who knowingly or negligently violates this Chapter, including but not limited to, by providing inaccurate or incomplete information, may be liable in an administrative proceeding before the Ethics Commission pursuant to Charter Section C3.699-13. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters regarding potential violations of this Chapter.

~~(e) Should two or more persons be responsible for any violation under this Chapter, they may be jointly and severally liable.~~

SEC. 3.530. PENALTIES AND ENFORCEMENT.

(b) Any person who violates this Chapter, including but not limited to, by providing inaccurate or incomplete information, may be liable in an administrative proceeding before the Ethics Commission pursuant to Charter Section C3.699-13. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters regarding potential violations of this Chapter.

(e) Should two or more persons be responsible for any violation under this Chapter, they may be jointly and severally liable.

Section 8. The voters hereby re-authorize and re-enact in its entirety Article IV, Chapter 1 of the Campaign and Governmental Conduct Code, and add Section 4.103 to Article IV, Chapter 1, to read as follows:

~~SEC. 4.100. FINDINGS.~~

The City and County of San Francisco (“City”) has a paramount interest in protecting the integrity of its government institutions. To further this interest, individuals should be encouraged to report possible violations of laws, regulations, and rules governing the conduct of City officers and employees, City contrctors, and employees of City contractors.

This Chapter 1 fulfills the Charter’s requirements for two City programs relating to whistleblowers, as required by Charter Appendix Section F1.107. First, as required by the Charter, the Office of the Controller has authority to receive and investigate whistleblower complaints concerning deficiencies in the quality and delivery of City government services, wasteful and inefficient City government practices, misuse of City funds, and improper activities by City officers, employees, and contractors.

Second, as required by the Charter, this ordinance protects the confidentiality of whistleblowers, and protects City officers and employees from retaliation for filing whistleblower complaints or providing assistance with the investigation of such complaints. As set forth in this Chapter 1, the Ethics Commission has primary responsibility for ensuring such protections.

SEC. 4.100. FINDINGS.

SEC. 4.103. AMENDMENT OR REPEAL OF THIS CHAPTER.

The voters may amend or repeal this Chapter 1. The Board of Supervisors may amend this Chapter 1 if all of the following conditions are met:

(a) The amendment furthers the purposes of this Chapter;

(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;

(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and

(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.

SEC. 4.105. COMPLAINTS; INVESTIGATION PROCEDURES; REFERRAL TO OTHER AGENCIES.

(a) COMPLAINTS. Any person may file a complaint for investigation with the Office of the Controller’s Whistleblower Program, Ethics Commission, District Attorney, City Attorney, or the complainant’s department alleging that a City officer or employee has engaged in improper government activity, misused City funds, caused deficiencies in the quality and delivery of government services or engaged in wasteful and inefficient government practices, or that a City contractor or employee of a City contractor has engaged in unlawful activity in connection with a City contract.

(b) ETHICS COMMISSION COMPLAINT PROCEDURES. The Ethics Commission shall investigate complaints filed under this Section 4.105 that contain potential violations of local campaign finance, lobbying, conflicts of interest, and governmental ethics laws pursuant to the procedures specified in Charter Section C3.699-13 and the regulations adopted thereunder. Nothing in this subsection (b) shall preclude the Ethics Commission from referring any matter to any other City department, commission, board, officer, or employee or to other government agencies for investigation and possible disciplinary or enforcement action. The Ethics Commission may require that any City department, commission, board, officer, or employee report to the Ethics Commission on the referred matter.

(c) REFERRAL. The Ethics Commission shall refer complaints that do not allege a violation of law, regulation or rule that is within the Ethics Commission’s jurisdiction to the appropriate agency for investigation and possible disciplinary or enforcement action. The Commission may conduct preliminary investigations into such complaints to determine whether the complaint contains sufficient information to warrant referral. The Ethics Commission may require any City department to provide a written report regarding the department’s investigation and any action that the department has taken in response to the Ethics Commission’s referral within a time-frame that the Ethics Commission shall specify.

~~SEC. 4.107. COMPLAINTS BY CITIZENS AND EMPLOYEES; WHISTLEBLOWER PROGRAM.~~

(a) WHISTLEBLOWER PROGRAM. The Controller shall administer and publicize a whistleblower and citizen complaint program for citizens and employees to report the misuse of City funds, improper government activities by City officers and employees, deficiencies in the quality and delivery of government services, and wasteful and inefficient City government practices. Subject to subsection (b), the Controller shall investigate and otherwise attempt to resolve complaints reported to the Whistleblower Program. The Controller shall administer a hotline telephone number and website and publicize the hotline and website through press releases, public advertising, and communications to City employees.

~~(b) REFERRAL OF CERTAIN COMPLAINTS. The Controller shall refer the following complaints as set forth in this subsection (b):~~

~~(1) Those which another City agency is required by federal, state, or local law to adjudicate: To that agency;~~

~~(2) Those which may be resolved through a grievance mechanism established by collective bargaining agreement or contract: To the official or agency designated in the agreement or contract;~~

~~(3) Those which involve allegations of conduct which may constitute a violation of criminal law: To the District Attorney or other appropriate law enforcement agency;~~

(4) Those which are subject to an existing, ongoing investigation by the District Attorney, City Attorney, or Ethics Commission, where the applicable official or Commission states in writing that investigation by the Controller would substantially impede or delay his, her, or its own investigation of the matter: To the investigating office; and

(5) Those which allege conduct that may constitute a violation of local campaign finance, lobbying, conflict of interest, or governmental ethics laws, regulations, or rules: To the Ethics Commission and the City Attorney.

Where the conduct that is the subject of the complaint may violate criminal law and any civil or administrative law, statute, ordinance, or regulation, the Controller may take action on the noncriminal aspects of the matter under this Section 4.107 even if a referral has been made to another agency under this subsection (b).

~~If a complaint is referred under this subsection (b), the Controller shall inform the complainant of the appropriate procedure for the resolution of the complaint.~~

(c) TRACKING AND INVESTIGATION. The Controller shall receive, track, and investigate complaints made or referred to the Whistleblower Program. The investigation may include all steps that the Controller deems appropriate, including the review of the complaint and any documentary or other evidence provided with it, the gathering of any other relevant documents from any City department or other source, and interviews of the complainant and other persons with relevant information.

(d) INFORMATION PROVIDED UNDER PENALTY OF PERJURY. In those instances in which the Controller deems it appropriate, the Controller may require that persons making complaints or providing information swear to the truth of their statements by taking an oath administered by the Controller, or an agent of the Controller, or through written declarations made under penalty of perjury under the laws of the State of California.

(e) REFERRAL AND RECOMMENDATION BY CONTROLLER. The Controller may refer the complaint to a City department for investigation, either before conducting an initial investigation or after doing so, and may recommend that a City department take specific action based on the Controller’s initial investigation. Within 60 days of receiving a complaint for investigation or a recommendation by the Controller for specific action, or such other time as the Controller shall specify, the City department shall report to the Controller in writing the results of the department’s investigation and any action that the department has taken in response to a recommendation by the Controller that the department take specific action.

(f) REPORT BY DEPARTMENT AND FURTHER ACTION BY CONTROLLER. If the Controller has recommended that a City department take disciplinary or other corrective action that the department has declined to take, the department shall report to the Controller its reasons for failing to do so within the time frame that the Controller specifies for reporting on its investigation of the complaint. If the Controller determines that the department’s reasons are inadequate and that further investigation may be appropriate, the Controller may refer the matter to the Mayor, City Attorney, or District Attorney, or to any officer or agency that has jurisdiction over the matter.

(g) RESPONSIBILITY OF DEPARTMENTS. The department head shall be responsible for compliance by his or her department with these duties. If department staff fail to comply with the duties to investigate complaints referred by the Controller and to make the reports required by this Section 4.107, the Controller shall notify the department head. If the department head fails to take action to obtain the department’s compliance with these duties, the Controller may refer the matter to the Mayor, City Attorney, or District Attorney or to any officer or agency that has jurisdiction over the matter.

~~SEC. 4.110. DEFINITIONS.~~

~~For purposes of this Chapter 1, the following words and phrases shall have the following meanings:~~

~~“City” or “City agency” shall mean the City and County of San Francisco, its departments, commissions, task forces, committees, and boards.~~

“Complainant’s department” includes the complainant’s supervisor, the executive director or highest ranking officer in the complainant’s department, and the board or commission overseeing the complainant’s department.

“Deficiencies in the quality and delivery of government services” shall mean the failure to perform a service, when performance is required under any law, regulation or policy, or under a City contract or grant.

“Improper government activity” shall mean violation of any federal, state, or local law, regulation, or rule, including but not limited to laws, regulations, or rules governing campaign finance, conflicts of interest, or governmental ethics laws; or action which creates a danger to public health or safety by the failure of City officers or employees to perform duties required by their positions. “Improper government activity” does not include employment actions for which other remedies exist.

~~“Misuse of City funds” shall mean any use of City funds for purposes outside of those directed by the City.~~

“Preliminary investigation” shall be limited to, but need not include all of the following: review of the complaint and any documentary evidence provided with the complaint; interview of the complainant; interview of the respondent, counsel to respondent and any witnesses who voluntarily agree to be interviewed for this purpose; review of any relevant public documents and documents provided voluntarily to the Commission.

“Supervisor” shall mean any individual having the authority, on behalf of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, reward, or discipline other employees, or the responsibility to routinely direct them, to adjust their grievances, or to effectively recommend such action, if, in connection with the foregoing, the exercise of that authority is not merely routine or clerical, but requires the use of independent judgment.

“Unlawful activity” shall mean violations of any federal, state or local law, regulation or rule including but not limited to those laws, regulations or rules governing campaign finance, conflicts of interest or governmental ethics laws; or actions which create a danger to public health or safety by the failure of City officers or employees to perform duties imposed by a City contract.

“Wasteful and inefficient City government practices” shall mean the expenditure of City funds that could be eliminated without harming public health or safety, or reducing the quality of government services.

~~SEC. 4.115. PROTECTION OF WHISTLEBLOWERS – CITY EMPLOYEES.~~

(a) RETALIATION PROHIBITED. No City officer or employee may terminate, demote, suspend, or take other similar adverse employment action against any City officer or employee because the officer or employee has in good faith

~~(1) filed a complaint as set forth in Section 4.105(a);~~

~~(2) attempted to file a complaint through the procedures set forth in Section 4.105(a) but, in good faith, did not file the complaint with the appropriate City department or official; or~~

~~(3) provided any information in connection with or otherwise cooperated with any investigation conducted under this Chapter 1.~~

~~(b) COMPLAINTS OF RETALIATION.~~

(1) Administrative Complaints. Any City officer or employee, or former City officer or employee, who believes he or she has been the subject of retaliation in violation of subsection (a) of this Section 4.115 may file a complaint with the Ethics Commission. The complaint must be filed no later than two years after the date of the alleged retaliation.

The Ethics Commission shall investigate complaints of violations of subsection (a) of this Section 4.115 pursuant to the procedures specified in Charter Section C3.699-13 and the regulations adopted thereunder. The Ethics Commission may decline to investigate complaints alleging violations of subsection (a) if it determines that the same or similar allegations are pending with or have been finally resolved by another administrative or judicial body. Nothing in this subsection (b)(1) shall preclude the Ethics Commission from referring any matter to any other City department, commission, board, officer, or employee, or to other government agencies for investigation and possible disciplinary or enforcement action. The Ethics Commission may refer matters to the Department of Human Resources with a recommendation. The Ethics Commission may require any City department to provide a written report regarding the department’s investigation and any action that the department has taken in response to the Ethics Commission’s referral within a time frame that the Ethics Commission shall specify.

(2) Civil Complaints. Any City officer or employee who believes he or she has been the subject of retaliation in violation of subsection (a) of this Section 4.115 may bring a civil action against the City officer or employee who committed the violation. Such action must be filed no later than two years after the date of the retaliation.

(3) Burden of Establishing Retaliation. In order to establish under this Section 4.115 that retaliation occurred, a complainant in a civil action must demonstrate, or the Ethics Commission in an administrative proceeding must determine, by a preponderance of the evidence, that the complainant’s engagement in activity protected under subsection (a) was a substantial motivating factor for the adverse employment action. The respondent may rebut this claim if the respondent demonstrates by a preponderance of the evidence that he, she, or it would have taken the same employment action irrespective of the complainant’s participation in protected activity.

(4) Duty to Assist with Retaliation Complaints. Supervisors who receive a complaint alleging retaliation under this Chapter 1 must keep the complaint confidential and immediately assist the complainant by referring the complainant to the Ethics Commission and documenting the referral in writing. Documentation must include the date and time of the referral and that the complaint was about retaliation. Supervisors who fail to comply with this subsection (b) are subject to the penalties and remedies set forth in subsection (c).

~~(c) PENALTIES AND REMEDIES.~~

~~(1) Administrative Penalties. Any City officer or employee who violates subsection (a) of this Section 4.115 may be subject to administrative penalties pursuant to Charter Section C3.699-13 .~~

(2) Redress for Retaliatory Employment Action. Following an administrative hearing and after making a finding that an adverse employment action has been taken for purposes of retaliation, the Ethics Commission may, subject to the Charter’s budgetary and civil service provisions, recommend the cancellation of the retaliatory termination, demotion, suspension or other adverse employment action.

(3) Discipline by Appointing Authority. Any City officer or employee who violates subsections (a) or (b)(4) of this Section 4.115 shall be subject to disciplinary action up to and including dismissal by his or her appointing authority. If no disciplinary action is taken by the appointing authority, the Ethics Commission may refer the matter to the Civil Service Commission for action pursuant to Charter Section A8.341.

(4) Civil Penalties. Any City officer or employee who violates subsection (a) of this Section 4.115 may be personally liable in a civil action authorized under subsection (b)(2) of this Section for a civil penalty not to exceed $10,000.

~~(d) RESERVATION OF AUTHORITY.~~

~~(1) Civil Service Commission. Nothing in this Section 4.115 shall interfere with the powers granted to the Civil Service Commission by the Charter.~~

(2) Appointing Authority. Nothing in this Section 4.115 shall interfere with the power of an appointing officer, manager, or supervisor to take action with respect to any City officer or employee, provided that the appointing officer, manager, or supervisor reasonably believes that such action is justified on facts separate and apart from the fact that the officer or employee filed a complaint as set forth in Section 4.105(a), attempted to file such a complaint in good faith, or cooperated with an investigation of such a complaint.

(e) NOTICE OF WHISTLEBLOWER PROTECTIONS. The Controller shall prepare, and each City department shall post a notice of whistleblower protections. The notice shall be posted in a location that is conspicuous and accessible to all employees.

~~(f) WHISTLEBLOWER PROTECTION AWARENESS TRAINING.~~

(1) The Controller, in collaboration with the Ethics Commission, shall prepare, and all City departments shall distribute, materials to publicize and promote whistleblower protections as part of each department’s new hire training programs.

(2) The Ethics Commission, in collaboration with the Controller and Department of Human Resources, shall prepare, and all City departments shall distribute, materials to publicize and promote supervisors’ responsibilities under this Chapter 1. In addition, the Department of Human Resources, in collaboration with the Controller and Ethics Commission, shall prepare web-based training for supervisors regarding their responsibilities under this Chapter 1, which shall be implemented by January 1, 2020. This training must be provided to all City supervisors annually by April of each year thereafter.

~~SEC. 4.117. PROTECTION OF WHISTLEBLOWERS - CITY CONTRACTORS.~~

(a) RETALIATION PROHIBITED. No City officer or employee may take steps to terminate a contract with a City contractor; refuse to use a City contractor for contracted services; request that a City contractor terminate, demote, or suspend one of its employees; or take other similar adverse action against any City contractor or employee of a City contractor because the contractor or the contractor’s employee:

(1) filed a complaint with any supervisor within a City agency alleging that a City officer or employee engaged in improper government activity, misused City funds, caused deficiencies in the quality and delivery of government services, or engaged in wasteful and inefficient government practices;

(2) filed a complaint with any supervisor within a City agency alleging that another City contractor, or employee of another City contractor, engaged in unlawful activity, misused City funds, caused deficiencies in the quality and delivery of government services or engaged in wasteful and inefficient government practices; or

~~(3) provided any information in connection with or otherwise cooperated with any investigation conducted under this Chapter 1.~~

~~(b) COMPLAINTS OF RETALIATION.~~

(1) Administrative Complaints. Any City contractor or employee of a City contractor, who believes it, he, or she has been the subject of retaliation in violation of subsection (a) of this Section 4.117 may file a complaint with the Ethics Commission. The complaint must be filed no later than two years after the date of the alleged retaliation.

The Ethics Commission shall investigate complaints of violations of subsection (a) of this Section 4.117 pursuant to the procedures specified in Charter Section C3.699-13 and the regulations adopted thereunder. The Ethics Commission may decline to investigate complaints alleging violations of subsection (a) if it determines that the same or similar allegations are pending with or have been finally resolved by another administrative or judicial body. Nothing in this subsection shall preclude the Ethics Commission from referring any matter to any other City department, commission, board, officer, or employee, or to other government agencies for investigation and possible disciplinary or enforcement action. The Ethics Commission may refer matters to the Department of Human Resources with a recommendation. The Ethics Commission may require any City department to provide a written report regarding the department’s investigation and any action that the department has taken in response to the Ethics Commission’s referral, within a time frame that the Ethics Commission shall specify.

(2) Burden of Establishing Retaliation. In order to establish that retaliation occurred under this Section 4.117, the Ethics Commission in an administrative proceeding must determine, by a preponderance of the evidence, that the complainant’s engagement in activity protected under subsection (a) was a substantial motivating factor for the adverse action. The respondent may rebut this claim if it demonstrates by a preponderance of the evidence that it would have taken the same adverse action irrespective of the complainant’s participation in protected activity.

~~(c) PENALTIES AND REMEDIES.~~

~~(1) Administrative Penalties. Any City officer or employee who violates subsection (a) of this Section 4.117 may be subject to administrative penalties pursuant to Charter Section C3.699-13.~~

(2) Redress for Retaliatory Adverse Action. Following an administrative hearing and after making a finding that an adverse action has been taken for purposes of retaliation, the Ethics Commission may, subject to the Charter’s budgetary and contracting provisions, order the cancellation of retaliatory adverse action taken against a City contractor or employee of a City contractor.

(3) Discipline by Appointing Authority. Any City officer or employee who violates subsection (a) of this Section 4.117 shall be subject to disciplinary action up to and including dismissal by his or her appointing authority. If no disciplinary action is taken by the appointing authority, the Ethics Commission may refer the matter to the Civil Service Commission for action pursuant to Charter Section A8.341.

(d) NOTICE OF WHISTLEBLOWER PROTECTIONS. The Controller shall prepare, and each City department shall post, a notice of the whistleblower protections established by this Section 4.117. City contractors shall distribute the notice of protections to all of their employees.

~~SEC. 4.120. CONFIDENTIALITY.~~

(a) WHISTLEBLOWER IDENTITY. City officers and employees shall treat as confidential the identity of any person who files a complaint as set forth in Section 4.105(a). A complainant may voluntarily disclose his or her identity.

(b) COMPLAINTS AND INVESTIGATIONS. City officers and employees shall treat as confidential complaints filed under Sections 4.105, 4.115, and 4.117, and related information, including but not limited to materials gathered and prepared in the course of investigating such complaints, and deliberations regarding such complaints.

(c) PENALTIES. Except as provided in subsection (d), violations of subsections (a) and (b) may be subject to the administrative proceedings and penalties set forth in Charter Section C3.699-13, in addition to disciplinary action up to and including dismissal by his or her appointing authority.

(d) EXCEPTIONS.

(1) Conduct of Investigations. Nothing in this Section 4.120 shall preclude the Controller’s Office, Ethics Commission, District Attorney, and City Attorney from disclosing the identity of an individual or other information to the extent necessary to conduct its investigation.

(2) Legal Proceedings. Nothing in this Section 4.120 shall preclude City officers and employees from disclosing the identity of an individual or other information relating to a complaint to the extent required by the rules governing an administrative or court proceeding.

(3) Referrals. Nothing in this Section 4.120 shall preclude the Ethics Commission from referring any matter to any other City department, commission, board, officer, or employee, or to other government agencies, for investigation and possible disciplinary or enforcement action.

~~SEC. 4.123. CONFIDENTIALITY PROTECTION FOR WHISTLEBLOWER PROGRAM COMPLAINANTS AND INVESTIGATIONS.~~

~~(a) WHISTLEBLOWER IDENTITY AND INVESTIGATIONS. Every officer and employee of the City shall keep confidential:~~

(i) The identity of any person who makes a complaint to the Whistleblower Program under Section 4.107 of this Chapter, and any information that would lead to the disclosure of the person's identity, unless the person who made the complaint provides written authorization for the disclosure.

(ii) Complaints or reports to the Whistleblower Program and information related to the investigation of the matter, including drafts, notes, preliminary reports, working papers, records of interviews, communications with complainants and witnesses, and any other materials and information gathered or prepared in the course of the investigation.

The protection of confidentiality set forth in this Section applies irrespective of whether the information was provided in writing and whether the information was provided or is maintained in electronic, digital, paper or any other form or medium.

(b) INQUIRY REGARDING IDENTITY PROHIBITED. In order to assure effective implementation of the provisions of this Section providing confidentiality to whistleblowers, City officers and employees may not use any City resources, including work time, to ascertain or attempt to ascertain directly or indirectly the identity of any person who has made a complaint to the Whistleblower Program, unless such person has provided written authorization for the disclosure. Nothing in this Section shall preclude an officer or employee assigned to investigate a complaint under this Chapter from ascertaining the identity of a complainant to the extent necessary to conduct the investigation.

(c) EXCEPTIONS. Nothing in this Section shall preclude the Controller from (i) disclosing the identity of a person or other information to the extent necessary to conduct a civil or criminal investigation or to take any enforcement action, including any action to discipline an employee or take remedial action against a contractor, or (ii) releasing information as part of a referral when referring any matter to another City department, commission, board, officer or employee, or to other governmental agencies, for investigation and possible disciplinary, enforcement or remedial action, or (iii) releasing information to the Citizens Audit Review Board so that it may carry out its duty to provide advisory input to the Controller on the Whistleblower Program, provided that information is prepared so as to protect the confidentiality of persons making complaints and of investigations, or (iv) releasing information to inform the public of the nature of the actions taken by the Controller in the operation of the Whistleblower Program provided that information is prepared so as to protect the confidentiality of persons making complaints and of investigations.

~~SEC. 4.125. FURNISHING FALSE OR MISLEADING INFORMATION; DUTY TO COOPERATE.~~

(a) FURNISHING FALSE OR MISLEADING INFORMATION PROHIBITED. When making or filing a complaint pursuant to this Chapter or participating in an investigation conducted by the Controller, Ethics Commission, District Attorney, City Attorney or any other department or commission, or any of their agents, as authorized under this Chapter, City officers and employees may not knowingly and intentionally furnish false or fraudulent evidence, documents, or information, misrepresent any material fact, or conceal any evidence, documents or information for the purpose of misleading any officer or employee or any of their agents.

(b) COOPERATION REQUIRED. All City departments, commissions, boards, officers and employees shall cooperate with and provide full and prompt assistance to the Controller, Ethics Commission, District Attorney, City Attorney, and all other commissions and departments, and any of their agents, in carrying out their duties under this Chapter.

~~SEC. 4.130. REPORTS TO THE BOARD OF SUPERVISORS.~~

~~The Ethics Commission shall provide an annual report to the Board of Supervisors which shall include the following:~~

~~(1) The number of complaints received;~~

~~(2) The type of conduct complained about;~~

~~(3) The number of referrals to the Civil Service Commission, other City departments, or other government agencies;~~

~~(4) The number of investigations the Ethics Commission conducted;~~

~~(5) Findings or recommendations on policies or practices resulting from the Ethics Commission's investigations;~~

~~(6) The number of disciplinary actions taken by the City as a result of complaints made to the Ethics Commission; and~~

~~(7) The number and amount of administrative penalties imposed by the Ethics Commission as a result of complaints made to the Commission.~~

~~SEC. 4.135. LIMITATION OF LIABILITY.~~

In adopting and enforcing this Chapter, the City undertakes to promote the general welfare. The City is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages.

SEC. 4.105. COMPLAINTS; INVESTIGATION PROCEDURES; REFERRAL TO OTHER AGENCIES.

(a) COMPLAINTS. Any person may file a complaint for investigation with the Office of the Controller’s Whistleblower Program, Ethics Commission, District Attorney, City Attorney, or the complainant’s department alleging that a City officer or employee has engaged in improper government activity, misused City funds, caused deficiencies in the quality and delivery of government services or engaged in wasteful and inefficient government practices, or that a City contractor or employee of a City contractor has engaged in unlawful activity in connection with a City contract.

(b) ETHICS COMMISSION COMPLAINT PROCEDURES. The Ethics Commission shall investigate complaints filed under this Section 4.105 that contain potential violations of local campaign finance, lobbying, conflicts of interest, and governmental ethics laws pursuant to the procedures specified in Charter Section C3.699-13 and the regulations adopted thereunder. Nothing in this subsection (b) shall preclude the Ethics Commission from referring any matter to any other City department, commission, board, officer, or employee or to other government agencies for investigation and possible disciplinary or enforcement action. The Ethics Commission may require that any City department, commission, board, officer, or employee report to the Ethics Commission on the referred matter.

(c) REFERRAL. The Ethics Commission shall refer complaints that do not allege a violation of law, regulation or rule that is within the Ethics Commission’s jurisdiction to the appropriate agency for investigation and possible disciplinary or enforcement action. The Commission may conduct preliminary investigations into such complaints to determine whether the complaint contains sufficient information to warrant referral. The Ethics Commission may require any City department to provide a written report regarding the department’s investigation and any action that the department has taken in response to the Ethics Commission’s referral within a time-frame that the Ethics Commission shall specify.

SEC. 4.107. COMPLAINTS BY CITIZENS AND EMPLOYEES; WHISTLEBLOWER PROGRAM.

(a) WHISTLEBLOWER PROGRAM. The Controller shall administer and publicize a whistleblower and citizen complaint program for citizens and employees to report the misuse of City funds, improper government activities by City officers and employees, deficiencies in the quality and delivery of government services, and wasteful and inefficient City government practices. Subject to subsection (b), the Controller shall investigate and otherwise attempt to resolve complaints reported to the Whistleblower Program. The Controller shall administer a hotline telephone number and website and publicize the hotline and website through press releases, public advertising, and communications to City employees.

(b) REFERRAL OF CERTAIN COMPLAINTS. The Controller shall refer the following complaints as set forth in this subsection (b):

(1) Those which another City agency is required by federal, state, or local law to adjudicate: To that agency;

(2) Those which may be resolved through a grievance mechanism established by collective bargaining agreement or contract: To the official or agency designated in the agreement or contract;

(3) Those which involve allegations of conduct which may constitute a violation of criminal law: To the District Attorney or other appropriate law enforcement agency;

If a complaint is referred under this subsection (b), the Controller shall inform the complainant of the appropriate procedure for the resolution of the complaint.

(c) TRACKING AND INVESTIGATION. The Controller shall receive, track, and investigate complaints made or referred to the Whistleblower Program. The investigation may include all steps that the Controller deems appropriate, including the review of the complaint and any documentary or other evidence provided with it, the gathering of any other relevant documents from any City department or other source, and interviews of the complainant and other persons with relevant information.

(d) INFORMATION PROVIDED UNDER PENALTY OF PERJURY. In those instances in which the Controller deems it appropriate, the Controller may require that persons making complaints or providing information swear to the truth of their statements by taking an oath administered by the Controller, or an agent of the Controller, or through written declarations made under penalty of perjury under the laws of the State of California.

(e) REFERRAL AND RECOMMENDATION BY CONTROLLER. The Controller may refer the complaint to a City department for investigation, either before conducting an initial investigation or after doing so, and may recommend that a City department take specific action based on the Controller’s initial investigation. Within 60 days of receiving a complaint for investigation or a recommendation by the Controller for specific action, or such other time as the Controller shall specify, the City department shall report to the Controller in writing the results of the department’s investigation and any action that the department has taken in response to a recommendation by the Controller that the department take specific action.

(f) REPORT BY DEPARTMENT AND FURTHER ACTION BY CONTROLLER. If the Controller has recommended that a City department take disciplinary or other corrective action that the department has declined to take, the department shall report to the Controller its reasons for failing to do so within the time frame that the Controller specifies for reporting on its investigation of the complaint. If the Controller determines that the department’s reasons are inadequate and that further investigation may be appropriate, the Controller may refer the matter to the Mayor, City Attorney, or District Attorney, or to any officer or agency that has jurisdiction over the matter.

(g) RESPONSIBILITY OF DEPARTMENTS. The department head shall be responsible for compliance by his or her department with these duties. If department staff fail to comply with the duties to investigate complaints referred by the Controller and to make the reports required by this Section 4.107, the Controller shall notify the department head. If the department head fails to take action to obtain the department’s compliance with these duties, the Controller may refer the matter to the Mayor, City Attorney, or District Attorney or to any officer or agency that has jurisdiction over the matter.

SEC. 4.110. DEFINITIONS.

For purposes of this Chapter 1, the following words and phrases shall have the following meanings:

“City” or “City agency” shall mean the City and County of San Francisco, its departments, commissions, task forces, committees, and boards.

“Misuse of City funds” shall mean any use of City funds for purposes outside of those directed by the City.

SEC. 4.115. PROTECTION OF WHISTLEBLOWERS – CITY EMPLOYEES.

(a) RETALIATION PROHIBITED. No City officer or employee may terminate, demote, suspend, or take other similar adverse employment action against any City officer or employee because the officer or employee has in good faith

(1) filed a complaint as set forth in Section 4.105(a);

(2) attempted to file a complaint through the procedures set forth in Section 4.105(a) but, in good faith, did not file the complaint with the appropriate City department or official; or

(3) provided any information in connection with or otherwise cooperated with any investigation conducted under this Chapter 1.

(b) COMPLAINTS OF RETALIATION.

(1) Administrative Penalties. Any City officer or employee who violates subsection (a) of this Section 4.115 may be subject to administrative penalties pursuant to Charter Section C3.699-13.

(d) RESERVATION OF AUTHORITY.

(1) Civil Service Commission. Nothing in this Section 4.115 shall interfere with the powers granted to the Civil Service Commission by the Charter.

(e) NOTICE OF WHISTLEBLOWER PROTECTIONS. The Controller shall prepare, and each City department shall post a notice of whistleblower protections. The notice shall be posted in a location that is conspicuous and accessible to all employees.

(f) WHISTLEBLOWER PROTECTION AWARENESS TRAINING.

SEC. 4.117. PROTECTION OF WHISTLEBLOWERS - CITY CONTRACTORS.

(a) RETALIATION PROHIBITED. No City officer or employee may take steps to terminate a contract with a City contractor; refuse to use a City contractor for contracted services; request that a City contractor terminate, demote, or suspend one of its employees; or take other similar adverse action against any City contractor or employee of a City contractor because the contractor or the contractor’s employee:

(3) provided any information in connection with or otherwise cooperated with any investigation conducted under this Chapter 1.

(b) COMPLAINTS OF RETALIATION.

(1) Administrative Penalties. Any City officer or employee who violates subsection (a) of this Section 4.117 may be subject to administrative penalties pursuant to Charter Section C3.699-13.

(d) NOTICE OF WHISTLEBLOWER PROTECTIONS. The Controller shall prepare, and each City department shall post, a notice of the whistleblower protections established by this Section 4.117. City contractors shall distribute the notice of protections to all of their employees.

SEC. 4.120. CONFIDENTIALITY.

(a) WHISTLEBLOWER IDENTITY. City officers and employees shall treat as confidential the identity of any person who files a complaint as set forth in Section 4.105(a). A complainant may voluntarily disclose his or her identity.

(b) COMPLAINTS AND INVESTIGATIONS. City officers and employees shall treat as confidential complaints filed under Sections 4.105, 4.115, and 4.117, and related information, including but not limited to materials gathered and prepared in the course of investigating such complaints, and deliberations regarding such complaints.

(c) PENALTIES. Except as provided in subsection (d), violations of subsections (a) and (b) may be subject to the administrative proceedings and penalties set forth in Charter Section C3.699-13, in addition to disciplinary action up to and including dismissal by his or her appointing authority.

(d) EXCEPTIONS.

SEC. 4.123. CONFIDENTIALITY PROTECTION FOR WHISTLEBLOWER PROGRAM COMPLAINANTS AND INVESTIGATIONS.

(a) WHISTLEBLOWER IDENTITY AND INVESTIGATIONS. Every officer and employee of the City shall keep confidential:

(1) The identity of any person who makes a complaint to the Whistleblower Program under Section 4.107 of this Chapter, and any information that would lead to the disclosure of the person's identity, unless the person who made the complaint provides written authorization for the disclosure.

(2) Complaints or reports to the Whistleblower Program and information related to the investigation of the matter, including drafts, notes, preliminary reports, working papers, records of interviews, communications with complainants and witnesses, and any other materials and information gathered or prepared in the course of the investigation.

(b) INQUIRY REGARDING IDENTITY PROHIBITED. In order to assure effective implementation of the provisions of this Section providing confidentiality to whistleblowers, City officers and employees may not use any City resources, including work time, to ascertain or attempt to ascertain directly or indirectly the identity of any person who has made a complaint to the Whistleblower Program, unless such person has provided written authorization for the disclosure. Nothing in this Section shall preclude an officer or employee assigned to investigate a complaint under this Chapter from ascertaining the identity of a complainant to the extent necessary to conduct the investigation.

(c) EXCEPTIONS. Nothing in this Section shall preclude the Controller from (i) disclosing the identity of a person or other information to the extent necessary to conduct a civil or criminal investigation or to take any enforcement action, including any action to discipline an employee or take remedial action against a contractor, or (ii) releasing information as part of a referral when referring any matter to another City department, commission, board, officer or employee, or to other governmental agencies, for investigation and possible disciplinary, enforcement or remedial action, or (iii) releasing information to the Citizens Audit Review Board so that it may carry out its duty to provide advisory input to the Controller on the Whistleblower Program, provided that information is prepared so as to protect the confidentiality of persons making complaints and of investigations, or (iv) releasing information to inform the public of the nature of the actions taken by the Controller in the operation of the Whistleblower Program provided that information is prepared so as to protect the confidentiality of persons making complaints and of investigations.

SEC. 4.125. FURNISHING FALSE OR MISLEADING INFORMATION; DUTY TO COOPERATE.

(a) FURNISHING FALSE OR MISLEADING INFORMATION PROHIBITED. When making or filing a complaint pursuant to this Chapter or participating in an investigation conducted by the Controller, Ethics Commission, District Attorney, City Attorney or any other department or commission, or any of their agents, as authorized under this Chapter, City officers and employees may not knowingly and intentionally furnish false or fraudulent evidence, documents, or information, misrepresent any material fact, or conceal any evidence, documents or information for the purpose of misleading any officer or employee or any of their agents.

(b) COOPERATION REQUIRED. All City departments, commissions, boards, officers and employees shall cooperate with and provide full and prompt assistance to the Controller, Ethics Commission, District Attorney, City Attorney, and all other commissions and departments, and any of their agents, in carrying out their duties under this Chapter.

SEC. 4.130. REPORTS TO THE BOARD OF SUPERVISORS.

The Ethics Commission shall provide an annual report to the Board of Supervisors which shall include the following:

(a) The number of complaints received;

(b) The type of conduct complained about;

(c) The number of referrals to the Civil Service Commission, other City departments, or other government agencies;

(d) The number of investigations the Ethics Commission conducted;

(e) Findings or recommendations on policies or practices resulting from the Ethics Commission's investigations;

(f) The number of disciplinary actions taken by the City as a result of complaints made to the Ethics Commission; and

(g) The number and amount of administrative penalties imposed by the Ethics Commission as a result of complaints made to the Commission.

SEC. 4.135. LIMITATION OF LIABILITY.

Section 9. Effective and Operative Dates.

(a) Effective Date. The effective date of this ordinance shall be ten days after the date the official vote count is declared by the Board of Supervisors.

(b) Operative Date. The operative date of this ordinance shall be six months after the effective date of this ordinance.

Section 10. Appropriation. There is hereby appropriated $43,000 from the General Reserve to fund administrative costs required to implement this ordinance, which shall be appropriated and made available 30 days after the Board of Supervisors declares the results of the March 5, 2024 election. Any portion of this appropriation that remains unspent at the end of Fiscal Year 2023-24 shall be carried forward and spent in subsequent years for the same purpose. Additionally, it shall be City policy in all fiscal years following depletion of this original appropriation that the Board of Supervisors shall annually appropriate $25,000 for this purpose, to be adjusted annually to reflect changes in the Consumer Price Index and rounded off to the nearest $100.

Section 11. Scope of Ordinance. In enacting this ordinance, the People of the City and County of San Francisco intend to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the “Note” that appears under the official title of the ordinance.