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Ethics staff seeks direction on draft anti-lobbyist ballot measure; advocates press for stronger limits
Summary
Commissioners reviewed staff alternatives for a November ballot measure to ban lobbyist gifts (including travel) and to limit bundling/contributions. Advocates pushed to include both contact and expenditure lobbyists and lower contribution caps; the commission asked staff and the city attorney to prepare ordinance language for a future vote.
The San Francisco Ethics Commission spent a major portion of its meeting discussing draft language for a proposed November ballot measure that would restrict lobbyists' ability to give gifts, fund travel for city officers and bundle contributions.
Staff said it had met with interested parties and prepared three alternatives. Among the options: an explicit ban on lobbyists paying or reimbursing travel for city officers, an aggregate contribution cap on lobbyists to committees controlled by a candidate, and clarified anti-bundling language. "No contact lobbyist may directly or indirectly or through a third party pay or reimburse for the travel of any city officer," staff suggested as draft language under discussion.
RepresentUs and other supporters urged a broad approach that would include both contact lobbyists and expenditure lobbyists and recommended a lower contribution limit — one advocate noted $50 as an example — to better restore public confidence. Zach (RepresentUs) cited travel to China and South Korea taken by Mayor Ed Lee in 2013 that he said was funded with earmarked contributions by lobbyists and developers; he said such trips create at least the appearance of influence.
Opponents and several commenters warned of legal and constitutional limits. Anita Mayo of Pillsbury Winthrop Shaw Pittman urged caution, saying existing limits (including a $25 gift threshold and the ethics law's restriction on solicitation) may make a broader gift ban unnecessary and warned of First Amendment and prior-court constraints on contribution and bundling bans.
City Attorney Shen told the commission that if it intends to place campaign-finance restrictions on the ballot, staff must build a legislative record to justify those limits. Commissioners discussed whether to include amendability language (allowing later legislative changes without returning to voters) as used in prior measures such as Prop C.
The commission directed staff to continue drafting ordinance language and to bring a formal draft back at the next meeting for further public comment and a potential final vote. Commissioners and members of the public asked staff to consider whether and how to include expenditure lobbyists, how to define "bundling," and what contribution limit would be legally defensible and effective.
