# Board of Supervisors Minutes: April 3, 2018 - Meeting date: 2018-04-03 - Document type: minutes - Source format: PDF - Extracted pages: 41 - [Canonical HTML transcript](https://sfbos.info/documents/500/2018-04-03-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=600336&GUID=BC1A568F-DCDA-43F9-A32D-F09525AE46B2) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 180001: Campaign and Governmental Conduct Code - Campaign Finance and Conflict of Interest - Pages: 21-22 - Vote 1: tabling - Action: gn contributions; 6) extend the prohibition on campaign contributions to candidates for City elective offices and City elective officers who must approve certain City contracts; 7) require committees to file a third pre-election statement prior to an election; 8) remove the prohibition against distribution of campaign advertisements containing false endorsements; 9) allow members of the public to receive a portion of penalties collected in certain enforcement actions; 10) permit the Ethics Commission to recommend contract debarment as a penalty for campaign finance violations; 11) create new conflict of interest and political activity rules for elected officials and members of boards and commissions; 12) specify recusal procedures for members of boards and commissions; and 13) establish local behested payment reporting requirements for donors and City officers. (Ethics Commission) (Pursuant to Campaign and Governmental Conduct Code, Section 3.204, this matter requires two-thirds vote of the full membership of the Board of Supervisors (8 votes) for passage.) Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be TABLED. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 180280: Campaign and Governmental Conduct Code - Campaign Finance and Conflict of Interest - Pages: 22-24 - Sponsors: Peskin - Vote 1: amendment - Action: D by adding a new Section 4(b) stating ‘(b) Operative Dates. (1) This ordinance’s amendments to Sections 1.104, 1.163.5, 168, 1.170, and 3.203 of the Campaign and Governmental Conduct Code, and additions of Sections 3.207 and 3.231 of the Campaign and Governmental Conduct Code, shall become operative on the effective date of this ordinance. (2) This ordinance’s amendments to Sections 1.114, 1.126, 1.135, 1.161, 1.162, 3.600, 3.610, 3.620 of the Campaign and Governmental Conduct Code, and additions of Sections 1.114.5, 1.124, 1.125, 1.158, 3.209, 3.630, 3.640, 3.650 of the Campaign and Governmental Conduct Code, shall become operative on January 1, 2019.’; in Section 1.114.5(b)(1) adding ‘at the behest of a City elective officer’ after ‘single calendar year’, and striking ‘at the behest of a City elective officer’ after ‘independent expenditures’; in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 2: amendment - Action: Supervisor Tang, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED in Section 1.124(a)(1) by adding ‘one of’ before ‘the business entity’; in Section 3.600 by striking the definition for ‘Actively Support or Oppose’ and striking portion ‘(ii)’ of the definition for ‘Interested Party’; in Section 3.620 by striking Subsection 3.620(a)(2) regarding reporting for filing by donors; and in Section 3.630 by modifying Subsection 3.630(a)(2)(ii) by striking ‘has actively supported or opposed’ and adding ‘was an interested party in’. Before the vote was taken, this motion and the second was withdrawn. Supervisor Tang, seconded by Supervisor Safai, moved that this Ordinance be AMENDED in Section 1.124(a)(1) by adding ‘one of’ before ‘the business entity’. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 3: amendment - Action: City and County of San Francisco Page 209 Printed at 1:04 pm on 5/3/18 Board of Supervisors Meeting Minutes 4/3/2018 Supervisor Peskin, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Section 1.104 by adding definitions for ‘Financial Interest’, ‘Land Use Matter’; and by adding a new Section 1.127 regarding ‘Contribution Limits - Persons with Land Use Matters Before a Decision-Making Body’. The motion FAILED by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Yee - Noes: Breed, Cohen, Safai, Sheehy, Stefani, Tang - Vote 4: amendment - Action: Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be AMENDED in Section 1.104 by adding a definition for ‘Public Appeal’; by revising Subsection 1.114.5(b)(1) by adding ‘at the behest of a City elective officer’ after ‘calendar year’ and striking ‘at the behest of a City elective officer’ after expenditures’; and adding a new Subsection 1.114.5(b)(4) regarding ‘Exception for public appeals’. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 5: amendment - Action: Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED by striking the entire Section 1.158 regarding 'Major Donors - Financial Disclosurers.' The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 6: amendment - Action: Supervisor Tang, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED in Sections 1.161(a)(5) and 1.162(a)(5)(c) by striking all verbiage after 'end of such advertisements'. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 7: amendment - Action: Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be AMENDED in Section 3.209 by striking Subsection 3.209(c) regarding ‘Repeated Recusals’. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 8: amendment - Action: Supervisor Fewer, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED in Section 1.126(f)(2) by striking ‘the value of the desired contract’. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 9: amendment - Action: Supervisor Fewer, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Section 3.620(a) by changing the reporting threshold for filing by donors from ‘$1,000’ to ‘$10,000’. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 10: amendment - Action: Supervisor Tang, seconded by Supervisor Sheehy, moved that this Ordinance be AMENDED in Section 3.600 by striking the definition for ‘Actively Support or Oppose’ and striking portion ‘(ii)’ of the definition for ‘Interested Party’; in Section 3.620 by striking Subsection 3.620(a)(2) regarding reporting for filing by donors; and in Section 3.630 by modifying Subsection 3.630(a)(2)(ii) by striking ‘has actively supported or opposed’ and adding ‘was an interested party in’. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 11: amendment - Action: Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Sections 1.104 and 1.110 by changing ‘Social Media Technologies’ to ‘Electronic Media Technologies’; by striking Subsection 1.142(h) regarding ‘Supervisorial Candidates Seeking Election in November 2012’; and in Subsection 1.162(b)(2)(E) by adding ‘including any electioneering communication distributed through electronic media technologies’. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 12: continuance - Action: City and County of San Francisco Page 210 Printed at 1:04 pm on 5/3/18 Board of Supervisors Meeting Minutes 4/3/2018 Supervisor Tang, seconded by Supervisor Cohen, moved to re-refer the Ordinance, as amended, to the Ethics Commission for consideration. The motion carried without objection. During the Ethics Commission deliberations during the Joint Public Hearing, the Commission did not consider the further amendments made by the Board and continued the entire Ordinance, as amended, to the call of the Chair (see File No. 180226). Supervisor Tang, seconded by Supervisor Kim, moved that this Ordinance be RE-REFERRED AS AMENDED to the Rules Committee. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ## Extracted text ### [Page 22](https://sfbos.info/documents/500/2018-04-03-minutes#page-22) Board of Supervisors Meeting Minutes 4/3/2018 Called from the Rules Committee 180280 [Campaign and Governmental Conduct Code - Campaign Finance and Conflict of Interest] Sponsor: Peskin Ordinance amending the Campaign and Governmental Conduct Code to 1) prohibit earmarking of contributions and false identification of contributors; 2) modify contributor card requirements; 3) require disclosure of contributions solicited by City elective officers for ballot measure and independent expenditure committees; 4) require additional disclosures for campaign contributions from business entities to political committees; 5) require disclosure of bundled campaign contributions; 6) extend the prohibition on campaign contributions to candidates for City elective offices and City elective officers who must approve certain City contracts; 7) require committees to file a third pre-election statement prior to an election; 8) remove the prohibition against distribution of campaign advertisements containing false endorsements; 9) allow members of the public to receive a portion of penalties collected in certain enforcement actions; 10) require financial disclosures from certain major donors to local political committees; 11) impose additional disclaimer requirements; 12) permit the Ethics Commission to recommend contract debarment as a penalty for campaign finance violations; 13) create new conflict of interest and political activity rules for elected officials and members of boards and commissions; 14) specify recusal procedures for members of boards and commissions; and 15) establish local behested payment reporting requirements for donors and City officers. (Pursuant to Campaign and Governmental Conduct Code, Section 3.204, this matter requires two-thirds vote of the full membership of the Board of Supervisors (8 votes) for passage.) Supervisor Yee, seconded by Supervisor Tang, moved that this Ordinance be AMENDED by adding a new Section 4(b) stating ‘(b) Operative Dates. (1) This ordinance’s amendments to Sections 1.104, 1.163.5, 168, 1.170, and 3.203 of the Campaign and Governmental Conduct Code, and additions of Sections 3.207 and 3.231 of the Campaign and Governmental Conduct Code, shall become operative on the effective date of this ordinance. (2) This ordinance’s amendments to Sections 1.114, 1.126, 1.135, 1.161, 1.162, 3.600, 3.610, 3.620 of the Campaign and Governmental Conduct Code, and additions of Sections 1.114.5, 1.124, 1.125, 1.158, 3.209, 3.630, 3.640, 3.650 of the Campaign and Governmental Conduct Code, shall become operative on January 1, 2019.’; in Section 1.114.5(b)(1) adding ‘at the behest of a City elective officer’ after ‘single calendar year’, and striking ‘at the behest of a City elective officer’ after ‘independent expenditures’; in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Supervisor Tang, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED in Section 1.124(a)(1) by adding ‘one of’ before ‘the business entity’; in Section 3.600 by striking the definition for ‘Actively Support or Oppose’ and striking portion ‘(ii)’ of the definition for ‘Interested Party’; in Section 3.620 by striking Subsection 3.620(a)(2) regarding reporting for filing by donors; and in Section 3.630 by modifying Subsection 3.630(a)(2)(ii) by striking ‘has actively supported or opposed’ and adding ‘was an interested party in’. Before the vote was taken, this motion and the second was withdrawn. Supervisor Tang, seconded by Supervisor Safai, moved that this Ordinance be AMENDED in Section 1.124(a)(1) by adding ‘one of’ before ‘the business entity’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee City and County of San Francisco Page 209 Printed at 1:04 pm on 5/3/18 ### [Page 23](https://sfbos.info/documents/500/2018-04-03-minutes#page-23) Board of Supervisors Meeting Minutes 4/3/2018 Supervisor Peskin, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Section 1.104 by adding definitions for ‘Financial Interest’, ‘Land Use Matter’; and by adding a new Section 1.127 regarding ‘Contribution Limits - Persons with Land Use Matters Before a Decision-Making Body’. The motion FAILED by the following vote: Ayes: 5 - Fewer, Kim, Peskin, Ronen, Yee Noes: 6 - Breed, Cohen, Safai, Sheehy, Stefani, Tang Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be AMENDED in Section 1.104 by adding a definition for ‘Public Appeal’; by revising Subsection 1.114.5(b)(1) by adding ‘at the behest of a City elective officer’ after ‘calendar year’ and striking ‘at the behest of a City elective officer’ after expenditures’; and adding a new Subsection 1.114.5(b)(4) regarding ‘Exception for public appeals’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED by striking the entire Section 1.158 regarding 'Major Donors - Financial Disclosurers.' The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Supervisor Tang, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED in Sections 1.161(a)(5) and 1.162(a)(5)(c) by striking all verbiage after 'end of such advertisements'. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be AMENDED in Section 3.209 by striking Subsection 3.209(c) regarding ‘Repeated Recusals’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Supervisor Fewer, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED in Section 1.126(f)(2) by striking ‘the value of the desired contract’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Supervisor Fewer, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Section 3.620(a) by changing the reporting threshold for filing by donors from ‘$1,000’ to ‘$10,000’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Supervisor Tang, seconded by Supervisor Sheehy, moved that this Ordinance be AMENDED in Section 3.600 by striking the definition for ‘Actively Support or Oppose’ and striking portion ‘(ii)’ of the definition for ‘Interested Party’; in Section 3.620 by striking Subsection 3.620(a)(2) regarding reporting for filing by donors; and in Section 3.630 by modifying Subsection 3.630(a)(2)(ii) by striking ‘has actively supported or opposed’ and adding ‘was an interested party in’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Sections 1.104 and 1.110 by changing ‘Social Media Technologies’ to ‘Electronic Media Technologies’; by striking Subsection 1.142(h) regarding ‘Supervisorial Candidates Seeking Election in November 2012’; and in Subsection 1.162(b)(2)(E) by adding ‘including any electioneering communication distributed through electronic media technologies’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee City and County of San Francisco Page 210 Printed at 1:04 pm on 5/3/18 ### [Page 24](https://sfbos.info/documents/500/2018-04-03-minutes#page-24) Board of Supervisors Meeting Minutes 4/3/2018 Supervisor Tang, seconded by Supervisor Cohen, moved to re-refer the Ordinance, as amended, to the Ethics Commission for consideration. The motion carried without objection. During the Ethics Commission deliberations during the Joint Public Hearing, the Commission did not consider the further amendments made by the Board and continued the entire Ordinance, as amended, to the call of the Chair (see File No. 180226). Supervisor Tang, seconded by Supervisor Kim, moved that this Ordinance be RE-REFERRED AS AMENDED to the Rules Committee. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 211 Printed at 1:04 pm on 5/3/18