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SF Ethics Commission
CAMPAIGN CONSULTANT FILING
FIRST QUARTER 2004
I. 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 first quarter activity reports were due on March 15, 2004 and covered the filing period beginning December 1, 2003 and ending February 29, 2004. Thirty-six campaign consultants filed with the Ethics Commission in the first quarterof 2004.
II. 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.
There was considerable activity in the fourth quarter 2003 due to the greatly contested mayoral and district attorney races. In contrast, campaign consultant activity was considerably less during the first quarter 2004 because the period of coverage included mainly wind-down activities from the December 2003 run-off election and activities from the March 2, 2004 election.
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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 |
64 |
$618,346 |
$749,332 |
$2,805 |
Fourth Quarter 2003 |
64 |
$1,112,506 |
$1,367,183 |
$10,125 |
First Quarter 2004 |
$352,837 |
$243,578 |
$1,600 |
All campaign consultants are sent pre-deadline notices. Non-filers are subject to late fines. Four registered campaign consultants, Sueanne McNeil, Terry Price, Laura Talmus Associates, Inc., and Terris, Barnes and Walters, failed to file a first quarter 2004 report as of the date of issuance of this report.
III. 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:
- Hiring or authorizing the hiring of campaign staff and consultants; or
- Spending or authorizing the expenditure of campaign funds; or
- Directing, supervising or conducting the solicitation of campaign contributions; or
- Selecting or recommending vendors or subvendors of goods or services for the campaign.
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:
- Producing or authorizing the production of campaign literature and print and broadcast advertising; or
- Seeking endorsements of organizations or individuals; or
- Seeking financing; or
- Advising on public policy positions.
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 first quarter of 2004 in the attached tables. All amounts reported by campaign consultants have been rounded off.
IV. Description of Quarterly Report Tables
Table 1: December 9, 2003 and March 2, 2004 Ballot Items
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Run-off election for Mayor |
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Run-off election for District Attorney |
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Ballot Measures on the March 2, 2004 Ballot |
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Prop A: Deferred Taxation Plan |
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Prop B: Retirement Benefits for Public Defenders, District Attorneys, and Investigators |
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Prop C: Civilian Jobs in the Police Department |
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Prop D: Equal Treatment of Domestic Partners |
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Prop E: Requests for City Records Containing Private Information |
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Prop F: Labor Negotiations with Deputy Sheriffs |
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Prop G: Supplemental Pay for City Employees on Military Duty |
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Prop H: Public Education Fund |
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Prop I: Replacement of Diesel Buses |
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Prop J: Incentives to Build Below-Market-Rate Housing |
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Sixteen out of the thirty-six filers reported activity pertaining to the December 9, 2003 run-off election and the March 2, 2004 election. Table 1 reflects the elective office and ballot measures appearing on the ballots.
Table 2: Total Reported Activity December 1, 2003 – February 29, 2004
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All Reported Activity |
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(Listed in Descending Order by Amount of Payments Received) |
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CAMPAIGN CONSULTANT |
TOTAL PAYMENTS PROMISED |
TOTAL PAYMENTS RECEIVED |
POLITICAL CONTRIBUTIONS |
GIFTS MADE TO OFFICEHOLDERS |
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Malchow, Schlackman & Hoppey, Inc. |
$0 |
$75,841 |
$0 |
$0 |
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Baughman, Duane |
$39,250 |
$39,250 |
$0 |
$0 |
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Hsieh and Associates |
$25,000 |
$26,000 |
$0 |
$0 |
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Jaye, Eric/Storefront Political Media |
$28,115 |
$23,701 |
$0 |
$0 |
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Stearns Consulting |
$124,308 |
$17,755 |
$0 |
$0 |
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Davis, Jack |
$60,000 |
$15,000 |
$750 |
$0 |
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Golinger, Jonathan |
$10,000 |
$10,000 |
$0 |
$0 |
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Staton & Hughes |
$15,010 |
$7,500 |
$0 |
$0 |
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Platinum Advisors |
$10,000 |
$6,000 |
$0 |
$0 |
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Hiles, Heather |
$7,000 |
$4,140 |
$0 |
$0 |
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Gruwell, Stephan C. |
$3,500 |
$3,789 |
$250 |
$0 |
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Shanley, John B. |
$3,500 |
$3,765 |
$0 |
$0 |
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Newstat, Joyce (Rocket Science Associates) |
$7,000 |
$3,500 |
$0 |
$0 |
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Smith, Novella |
$2,500 |
$2,500 |
$100 |
$0 |
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Prozan, Rebecca |
$7,125 |
$2,125 |
$0 |
$0 |
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Bowman, Christopher L. |
$1,662 |
$1,662 |
$0 |
$0 |
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Ramos, Michael |
$3,300 |
$550 |
$0 |
$0 |
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Spisz, Parrish |
$500 |
$500 |
$0 |
$0 |
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Barolette, Ong & Silva, LLC |
$2,500 |
$0 |
$0 |
$0 |
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Rivaldo, Jim |
$2,000 |
$0 |
$0 |
$0 |
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Barnes, Mosher, Whitehurst, Lauter & Partners |
$367 |
$0 |
$500 |
$0 |
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Fiscal, Paula |
$200 |
$0 |
$0 |
$0 |
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BC Designs |
$0 |
$0 |
$0 |
$0 |
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Clarke, Clemetine |
$0 |
$0 |
$0 |
$0 |
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Harrell, Clay |
$0 |
$0 |
$0 |
$0 |
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Henderson, Robert |
$0 |
$0 |
$0 |
$0 |
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Hsieh, Francisco |
$0 |
$0 |
$0 |
$0 |
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Solem & Associates |
$0 |
$0 |
$0 |
$0 |
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Knox, Randall |
$0 |
$0 |
$0 |
$0 |
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Lew Edwards Group |
$0 |
$0 |
$0 |
$0 |
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Maverick Media |
$0 |
$0 |
$0 |
$0 |
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Meskunas, Barbara |
$0 |
$0 |
$0 |
$0 |
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Muller, Philip |
$0 |
$0 |
$0 |
$0 |
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O'Hara, Marc T. |
$0 |
$0 |
$0 |
$0 |
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Schafer, Ellie |
$0 |
$0 |
$0 |
$0 |
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Winnicker, Anthony |
$0 |
$0 |
$0 |
$0 |
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McNeil, Sueanne |
No report filed |
No report filed |
No report filed |
No report filed |
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Price, Terry |
No report filed |
No report filed |
No report filed |
No report filed |
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Laura Talmus Associates, Inc. |
No report filed |
No report filed |
No report filed |
No report filed |
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Terris, Barnes and Walters |
No report filed |
No report filed |
No report filed |
No report filed |
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TOTALS |
$352,837 |
$243,578 |
$1,600 |
$0 |
Table 2 summarizes all reported activity by campaign consultants for the first quarter of 2004. 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.
Table 3: Client Payment Report
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Client(s) |
Services Performed |
Total Payments Promised |
Total Payments Received |
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Barnes, Mosher, Whitehurst, Lauter & Partners |
Clean City Committee |
Not Listed |
$0 |
$0 |
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Committee to Repair Our Schools |
Not Listed |
$0 |
$0 |
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Committee to Stop Aggressive Panhandling |
Not Listed |
$367 |
$0 |
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Barolette, Ong & Silva, LLC |
Phil Ginsburg for DCCC |
General campaign consulting |
$2,500 |
$0 |
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Baughman, Duane |
Republicans United for SF |
Mailing services-including production, design & printing |
$6,750 |
$6,750 |
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SF Republican Party |
Mailing services-including production, design & printing |
$32,500 |
$32,500 |
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BC Designs |
No reportable activity during this period |
None |
$0 |
$0 |
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Bowman, Christopher |
Barnes, Mosher, Whitehurst, Lauter & Partners |
Color-coded precinct maps, swing votes for mayoral run-off election, absentee & permanent absentee voter ballots |
$1,662 |
$1,662 |
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Clark, Clemetine |
No reportable activity during this period |
None |
$0 |
$0 |
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Davis, Jack |
Newsom for Mayor |
Campaign strategy |
$60,000 |
$15,000 |
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Fiscal, Paula |
Pat Lackey for Supervisor District 7 |
Campaign management |
$200 |
$0 |
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Golinger, Jonathan |
Scott McDonald |
Organize support for Prop. I on 03/02/04 ballot |
$10,000 |
$10,000 |
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Gruwell, Stephan C. |
Newsom for Mayor |
Not Listed |
$3,500 |
$3,789 |
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Harrell, Clay |
No reportable activity during this period |
None |
$0 |
$0 |
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Henderson, Robert |
No reportable activity during this period |
None |
$0 |
$0 |
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Hiles, Heather |
Newsom for Mayor |
Campaign communications director |
$7,000 |
$4,140 |
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Hsieh and Associates |
Yes on Prop. J-Workforce Housing Initiative |
Managed day-to-day activities for the campaign |
$25,000 |
$26,000 |
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Hsieh, Francisco |
No reportable activity during this period |
None |
$0 |
$0 |
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Jaye, Eric (Storefront Political Media) |
Workforce Housing Initiative |
Campaign consulting and media production of direct mail, television and radio |
$28,115 |
$23,701 |
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Knox, Randall |
Matt Gonzalez for Mayor |
Literature review, debate preparation strategy |
$0 |
$0 |
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Lew Edwards Group |
No reportable activity during this period |
None |
$0 |
$0 |
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Malchow Schlackman & Hoppey, Inc. |
Committee to Stop Aggressive Panhandling |
Design print and mail shop, mail pieces |
$0 |
$75,841 |
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Maverick Media |
No reportable activity during this period |
None |
$0 |
$0 |
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McNeil, Sueanne |
No report filed |
No report filed |
No report filed |
No report filed |
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Meskunas, Barbara |
No reportable activity during this period |
None |
$0 |
$0 |
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Muller, Philip |
No reportable activity during this period |
None |
$0 |
$0 |
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Newstat, Joyce (Rocket Science Associates) |
Newsom for Mayor |
Campaign policy director |
$7,000 |
$3,500 |
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O'Hara, Marc T. |
No reportable activity during this period |
None |
$0 |
$0 |
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Platinum Advisors |
Deputy Sheriff's Association |
General campaign management, including producing literature |
$10,000 |
$6,000 |
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Prozan, Rebecca |
Kamala Harris |
Management of day-to-day operations including staff, office, schedule, field |
$7,125 |
$2,125 |
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Price, Terry |
No report filed |
No report filed |
No report filed |
No report filed |
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Ramos, Michael |
Terrence Hallinan |
Event planner/fundraiser |
$3,300 |
$550 |
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Rivaldo, Jim |
Kamala Harris |
Strategy |
$2,000 |
$0 |
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Schafer, Ellie |
No reportable activity during this period |
None |
$0 |
$0 |
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Shanley, John B. |
Newsom for Mayor |
Press relations/media |
$3,500 |
$3,765 |
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Smith, Novella |
Yes on Prop. N |
Campaign management, managed voter outreach, mail, press |
$2,500 |
$2,500 |
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Solem & Associates |
No reportable activity during this period |
None |
$0 |
$0 |
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Spisz, Parrish |
Re-Elect Hallinan DA |
Coordinated volunteers, organized precinct walkers, media relations |
$500 |
$500 |
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Staton & Hughes |
Yes on Prop H Committee-Public Education Fund |
General strategy and media strategy |
$15,010 |
$7,500 |
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Stearns Consulting |
Kamala Harris for District Attorney |
Political consulting |
$124,308 |
$1,691 |
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California Democratic Party |
Not Listed |
$0 |
$16,064 |
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Laura Talmus Associates, Inc. |
No report filed |
No report filed |
No report filed |
No report filed |
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Terris, Barnes and Walters |
No report filed |
No report filed |
No report filed |
No report filed |
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Winnicker, Anthony |
No reportable activity during this period |
None |
$0 |
$0 |
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TOTAL PAYMENTS PROMISED TO AND RECEIVED BY CAMPAIGN CONSULTANTS |
$352,837 |
$243,578 |
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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 first quarter totaled$352,837. The payments received by all filers from clients during the first quarter totaled $243,578.
Table 4: Political Contributions
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Campaign Consultant |
Candidates/Committees |
Contribution |
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Davis, Jack |
Terence Hallinan |
$750 |
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Barnes, Mosher, Whitehurst, Lauter & Partners |
Committee to Re-Elect Geraldo Sandoval |
$500 |
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Gruwell, Steven C. |
Newsom for Mayor |
$250 |
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Smith, Novella |
Tom Ammiano for Mayor |
$100 |
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TOTAL CONTRIBUTIONS |
$1,600 |
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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 first quarter was $1,600.
Vendor/Subvendor Payment Report
Each filer must report economic consideration promised to or received by the filer during the reporting period from vendors and subvendors who provide campaign-related goods or services to the filer’s current clients. No filer reported any payments promised by or received from vendors or subvendors during the first quarter.
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.
Employment of Local Officeholders and City Employees
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.
City Contracts Obtained During the Reporting Period
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.
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