(a) Reporting by Third Parties.
(1) Initial Statement of Organization. Any person or entity that makes independent expenditures totaling $1,000 or more in a calendar year to support or oppose candidate(s) for the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board, or makes contributions totaling $1,000 or more to a candidate or a committee required to file under this subsection (a)(1), shall file an initial statement of organization with the Ethics Commission. For the purposes of this Section 16.553-3, an “independent expenditure” shall mean an expenditure made in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate for the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board but which is not made to or at the behest of the affected candidate or committee. (A) Campaign Bank Account. Upon the filing of an initial statement of organization, the filer shall establish or identify one campaign bank account at an office of a financial institution located in San Francisco. All contributions made to the filer, or to a person on behalf of the filer, shall be deposited in the account. Any funds spent in support of or opposition to the election of the candidate shall be deposited in the account prior to expenditure. All expenditures made by the filer in support of or opposition to the election of the candidate shall be made from the account.
(2) Semiannual Statements. Any person or entity subject to subsection (a)(1), shall file semiannual statements each year no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31.
(3) Preelection Statements. Any person or entity subject to subsection (a)(1) shall file preelection statements that comply with the requirements of California Government Code Sections 84200.8 and 84211, and San Francisco Campaign and Governmental Conduct Code Section 1.135.
(4) Late Independent Expenditure Reports. If any person or entity subject to subsection (a)(1) makes independent expenditures that total $1,000 or more during the period beginning 90 days before the first day on which ballots may be submitted to the Department of Elections and ending on the last day on which ballots may be submitted to the Department of Elections or Contractor, such person or entity shall file a late independent expenditure report. Filers shall file late independent expenditure reports within 24 hours of making such independent expenditures.
(5) Termination Statements. Any person or entity subject to subsection (a)(1) shall be responsible for filing the above statements and reports, until they file a termination statement with the Ethics Commission that indicates they have no further financial activity to disclose.
(6) Forms and Filing. The Ethics Commission shall specify the forms persons subject to this subsection (a) shall use to file the above statements and the manner in which they shall electronically file those statements.
(b) Campaign Advertisements.
(1) Filing Requirements. Persons required to file late independent expenditure reports under subsection (a)(4) shall also file with the Ethics Commission on the same date a copy of the associated advertisement(s), and
(A) if the advertisement is a telephone call, a copy of the script and, if the communication is recorded, the recording shall also be provided; or
(B) if the advertisement is audio or video, a copy of the script and an audio or video file shall be provided.
(2) Disclaimers. Mass mailings, door hangers, flyers, posters, oversized campaign buttons, bumper stickers, or print advertisements shall include the following disclaimer statements, printed in at least 12-point font: “Paid for by _______________ (insert the name of the filer).” and “Financial disclosures are available at sfethics.org.”
For the purposes of this Section 16.553-3, “mass mailing,” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000 et seq., provided that the mass mailing advocates for or against one or more candidates for Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board. (3) Exception. Employee organizations that represent employees who are eligible to benefit from the Retirement System, Health Service System or Retiree Health Care Trust Fund, are subject to the disclosure and disclaimer requirements established by subsections (b)(1) and (b)(2); provided that, an employee organization whose communications are directed solely to its own members shall not be required to disclose copies of those communications or include any disclaimers.
(Added by Ord. , File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
