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Committee begins review of wide-ranging ethics and lobbying reform; ordinance continued for more stakeholder input

Government Audit and Oversight Committee, San Francisco County · February 27, 2014
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Summary

Supervisor Chu and the City Attorney outlined an ethics and transparency proposal that would broaden the definition of lobbyist, require more disclosure, and require major developers to disclose donations to active nonprofits. Stakeholders raised concerns about attorney exemptions, low thresholds for lobbyist registration, and effects on nonprofits; the item was continued to March 13.

The committee opened a broad ethics and lobbying reform package led by Supervisor David Chiu and the City Attorneys Office. The proposed ordinance would expand the lobbyist definition, narrow existing exemptions (including for some attorney activity), increase reporting and training, treat permit expediters as lobbying actors for transparency purposes, and require major developers to disclose contributions to nonprofit organizations that are active in city matters.

City Attorney Dennis Herrera described the package as an effort to strengthen reporting and public information, calling for expanded definitions, more oversight for procurement and grants, and language-access provisions. "We have enhanced public information provisions," he said, noting measures to publish a campaign donor guide and report officials who fail to file statements of economic interest.

Public commenters and legal stakeholders raised concerns. Judge Quentin Cobb endorsed the ordinance but suggested reducing the nonprofit reporting threshold from $5,000 to $1,000 and pointed out an inconsistency in the draft (a two-year vs one-year reference). Attorney Anita Mayo warned against broad deletion of the attorney exemption (citing Barron v. City of Los Angeles) and urged clearer financial or hours thresholds to avoid labeling routine bidding or RFP activity as lobbying.

Supervisor Chu said the proposal is a starting point and that the Office plans further hearings; the committee continued the item to the March 13 meeting for additional stakeholder input.