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Ethics staff unveil draft regulations to implement ACAO; law firms press for clarifications on reporting burdens
Summary
Staff previewed draft implementing regulations for the Anti-Corruption and Accountability Ordinance (ACAO), clarifying behested-payment disclosures, affiliate definitions for contractor bans, and other regulatory cleanups; outside counsel asked staff to limit redundant donor filings and clarify definitions before formal notice.
Pat Ford and policy staff presented agenda item 5 as a non-actionable preview of proposed regulations that implement the Anti-Corruption and Accountability Ordinance (ACAO) and update other campaign and ethics rules. Staff said the package separates changes into three categories: implementing regulations for the ACAO, interpretive clarifications, and non-substantive cleanups to conform regulations with the current code.
A central public concern was behested-payment reporting: commissioners asked what penalties apply for failure to file and how the city would ensure sunlight on large contributions. Deputy City Attorney Shen and staff said existing enforcement provisions and complaint-driven processes would apply and that staff will pursue outreach and education to the regulated community. "The same provisions under current law would apply if there's a failure to file a form that's required under city law," staff said.
An outside counsel, Anita Mayo of Pillsbury Winthrop Shaw Pittman, summarized written comments calling for clearer definitions (for "ballot measure committee" and "committee making independent expenditures"), reduced repetitive filings when multiple contributions are made by the same donor, and deletion of obsolete "sponsored or controlled by" language in contractor-affiliate rules.
Commissioners also requested that staff examine the "immediate family" definition (which some commissioners asked should include parents and siblings) and to confirm how proposed trust-account changes interact with the pending public financing ordinance. Staff agreed to research and return with revisions at the May meeting; regulations require a 10-day notice period and cannot be adopted today.
Next steps: staff will incorporate public feedback, coordinate further with the City Attorney and affected departments, and present revised text at the next meeting for public notice and potential action.
