SF Ethics Commission

 Campaign Consultant Filing, Third Quarter 2003

Campaign Consultant Filing, Third Quarter 2003

CAMPAIGN CONSULTANT FILING
THIRD QUARTER 2003

Introduction

In November 1997, San Francisco voters approved the Regulation of Campaign Consultants Ordinance ("Ordinance"), San Francisco Campaign and Governmental Conduct Code Sections 1.500-1.540. The Ordinance requires persons who earn $1,000 or more per year for campaign consultant services to register with the Ethics Commission and file quarterly activity reports.

The third quarter activity reports were due on September 15, 2003 and covered the filing period beginning June 1, 2003 and ending August 31, 2003. Sixty-four campaign consultants filed with the Ethics Commission in the third quarter of 2003.¹

Comparative Data

The level of campaign consultant activity has fluctuated since the first filing in June 1998 (the second quarter of 1998). The chart on the next page compares data compiled pertaining to campaign consultant activity since implementation of the Ordinance. As indicated, the level of campaign consultant activity generally increases or decreases depending on 1) whether an election is held and 2) the number and type of local items on the ballot.

Due to recent increased education by the Commission about the responsibilities of campaign consultants, a record number of consultants registered during the third quarter. However, the reported earnings do not match those reported in the fourth quarter 2002 when campaign consultant activity reached a high point due to the large number of greatly contested local ballot measures and candidates running for five vacant seats on the Board of Supervisors.

Quarter	Number of Consultants	Total Payments Promised	Total Payments Received	Total Contributions Made
Second Quarter 1998	24	$1,560,742	$1,432,631	$4,100
Third Quarter 1998	25	$341,745	$379,859	$3,405
Fourth Quarter 1998	30	$638,498	$784,507	$1,975
First Quarter 1999	22	$71,969	$142,355	$550
Second Quarter 1999	28	$201,983	$485,071	$1,500
Third Quarter 1999	34	$395,440	$1,168,597	$4,150
Fourth Quarter 1999	38	$1,343,362	$2,489,276	$3,800
First Quarter 2000	17	$904,891	$1,293,901	$2,750
Second Quarter 2000	17	$169,599	$186,663	$1,275
Third Quarter 2000	20	$293,110	$467,379	$18,900
Fourth Quarter 2000	25	$2,437,695	$2,332,401	$26,348
First Quarter 2001	17	$216,952	$236,785	$800
Second Quarter 2001	15	$6,500	$6,500	$100
Third Quarter 2001	18	$137,751	$58,560	$5,550
Fourth Quarter 2001	23	$640,589	$690,272	$12,825
First Quarter 2002	22	$242,752	$259,357	$1,100
Second Quarter 2002	23	$121,413	$311,663	$2,100
Third Quarter 2002	40	$320, 373	$345,325	$2,200
Fourth Quarter 2002	50	$3,002,128	$3,243,997	$8,003
First Quarter 2003	42	$368,102	$331,328	$3,850
Second Quarter 2003	51	$486,555	$530,434	$3,250
Third Quarter 2003	642	$618,346	$749,332	$2,805

1 The Campaign Consultant Ordinance

The Ordinance defines "campaign consultant" as a person or entity that receives or is promised $1,000 or more in a calendar year for providing either of the following services:

"Campaign Management," defined as conducting, coordinating or supervising a campaign to elect, defeat, retain or recall a local candidate, or to adopt or defeat a local ballot measure, including but not limited to:

OR

"Campaign Strategy," defined as planning for the election, defeat, retention or recall of a local candidate, or for the adoption or defeat of a local ballot measure, including not but limited to:

Employees of campaign consultants do not themselves qualify as campaign consultants. However, persons and entities that subcontract with a campaign consultant to provide campaign consulting services and that receive or are promised $1,000 or more in a calendar year do qualify as campaign consultants. Similarly, employees of campaigns who engage in campaign management or campaign strategy and are promised or receive $1,000 or more in a calendar year also qualify as campaign consultants.

Campaign consultants are required to report only activity associated with local candidates or local ballot measures. For purposes of the Ordinance, "candidate" means: (1) a person who has taken affirmative action to seek nomination or election to local office, or (2) a local officeholder who has taken affirmative action to seek nomination or election to any elective office, or (3) a local officeholder who is the subject of a recall election.

"Local officeholder" means the following elected officers: Mayor, Members of the San Francisco Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, Members of the Board of Education of the San Francisco Unified School District, and Members of the Governing Board of the San Francisco Community College District.

"Measure" means a local referendum, or a local ballot measure, whether or not it qualifies for the ballot.

The Commission staff has compiled the information filed by campaign consultants for the third quarter of 2003 in the attached tables. All amounts reported by campaign consultants have been rounded off.

Description of Quarterly Report Tables

Fifty-three out of the sixty-four filers reported activity pertaining to the November 4, 2003 election.³ Table 1 reflects the elective offices and ballot measures appearing on the ballot.

Table 2 summarizes all reported activity by campaign consultants for the third quarter of 2003. Filers are listed in descending order of the payments received. Also reported are the total payments promised by clients and any political contributions or gifts to officeholders made by the filers.

Filers are required to report "economic consideration" promised by or received from clients in exchange for campaign consulting services during the applicable reporting period. Economic consideration includes payments, fees, commissions, and reimbursements for expenses, gifts or anything else of value. Table 3 lists the name of the filer in alphabetical order, the filer's clients, the services performed for that client, the payment promised by the client in the reporting period, and the payment actually received. The table also indicates the total payments promised or received by all filers. The payments promised by all clients to filers during the third quarter totaled $618,346. The payments received by all filers from clients during the third quarter totaled $749,332.

Filers must report each political contribution of $100 or more to a candidate for local office, a committee controlled by a local officeholder or a candidate for local office, or a ballot measure committee whether or not the committee is controlled by a local officeholder or a candidate for local office. Filers must report contributions of $100 or more made or delivered by the filer, or made by the filer's client at the filer's behest, or for which the filer acted as an agent or intermediary during the reporting period. This chart indicates the political contributions made by campaign consultants during the reporting period. The total reported amount of political contributions made by filers during the third quarter was $2,805.

Each filer must report any gifts promised or made by the filer to a local officeholder during the reporting period which in the aggregate total $50 or more. No filer reported any gifts promised or made to a local officeholder during this reporting period.

If the filer employs a local officeholder or City employee during the reporting period, the filer must report the name of the officeholder or City employee and describe the nature of the employment by the filer. In addition, if a client of the filer employs a local officeholder or City employee at the behest of the filer during the reporting period, the filer must report the name of the client, the name of each officeholder or City employee hired by the client, and the nature of the employment by the client. No filer reported activity in this category.

If the filer obtains a City contract during the reporting period and the contract is approved by a local officeholder who is the filer's client, the filer must report the contract, the date the contract was obtained, and the name of the officeholder who approved the contract. No filer reported obtaining a City contract during the reporting period.

If the filer is appointed to public office during the reporting period and the appointment is made by a local officeholder who is the filer's client, the filer must report the public office to which the filer was appointed, the date of the appointment, and the name of the officeholder who appointed the filer. No filer reported appointment to public office during the reporting period.

1 All campaign consultants are sent pre-deadline notices. Non-filers are subject to late fines. Three registered campaign consultants, Nancy Elana Galante, Andrew Hayward, and Doug Schoen, have not filed a third quarter 2003 report as of the date of issuance of this report.

2 See footnote 1.

3 See footnote 1.