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SF Ethics Commission

3Q04 Summary

Summary of Earnings and Activity of Registered Lobbyists

Third Quarter 2004

Introduction

 

The Regulation of Lobbyists Ordinance (“Ordinance”), San Francisco Campaign and Governmental Conduct Code Article II, Chapter 1, Sections 2.100 - 2.155, requires individuals and entities that qualify as lobbyists to register with the Ethics Commission and file quarterly activity reports.  Forty-three lobbyists filed reports with the City and County of San Francisco on October 15, 2004, detailing their lobbyist activity during the Third Quarter of 2004 (July 1 – September 30).  The Ethics Commission has compiled this information in its Third Quarter 2004 Summary of Earnings and Activity of Lobbyists Registered with the City.

 

Because of a current shortage of staff due to budgetary constraints, this third quarter report of lobbyist activity does not list City officers contacted and specific positions advocated.  Individual lobbyist activity reports containing this information are available from the Ethics Commission office at 30 Van Ness Avenue, Suite 3900, on weekdays from 8:00 a.m. to 5:00 p.m.

 

The Lobbyist Ordinance

 

The Ordinance provides that there are three kinds of lobbyists: contract lobbyists, business and organization lobbyists, and expenditure lobbyists. 

 

Contract lobbyists are individuals or entities that are hired to influence local legislative or administrative action on another’s behalf.  Contract lobbyists must register with the Ethics Commission when they earn $3,200 or more in any consecutive three months in exchange for lobbying services OR when they have at least 25 separate contacts with City officers in any two consecutive months for the purpose of influencing local legislative or administrative action.  Clients and employees of contract lobbyists are not themselves contract lobbyists and are not subject to the registration and reporting requirements of the Lobbyist Ordinance.

 

Business and organization lobbyists are entities that lobby on their own behalf.  Business and organization lobbyists may include for-profit and non-profit corporations and organizations, associations, and unions.  An entity qualifies as a business and organization lobbyist if the entity pays employees or members any amount to lobby on its behalf AND the employees or members have at least 25 separate contacts with City officers, within a two-month period, for the purpose of influencing legislative or administrative action.  Individual employees and members of business and organization lobbyists do not themselves qualify as lobbyists and are not subject to the registration and reporting requirements of the Lobbyist Ordinance.

 

Expenditure lobbyists are entities which spend, directly or indirectly, more than $3,200 within any three consecutive months to influence local legislative or administrative action.  Payments made to contract lobbyists and other paid advocates do not count toward the $3,200 threshold, nor do dues payments, donations, and other payments to any business and organization lobbyist or expenditure lobbyist.

 

Each lobbyist must file with the Ethics Commission quarterly reports containing information about payments made or received in order to influence local legislative or administrative action, actions each lobbyist sought to influence, activity expenses incurred, political contributions of $100 or more made or delivered by the filer or made by a client at the behest of a filer to a City officer, candidate or committee, City contracts awarded, payments made in exchange for campaign consulting services, and the names of each City officer employed or retained by the filer or by a client of the filer.

 

City Officers include: elected officials, the Controller, the City Administrator, department heads, members of City boards and commissions, members of the Board of Education, members of the Governing Board of the Community College District, members of the Housing Authority, members of the Redevelopment Agency, members of the Transportation Authority, the Superintendent of Schools, the Clerk of the Municipal Court and the Secretary and Jury Commissioner of the Superior Court.

 

Local legislative or administrative action includes, but is not limited to, the drafting, introduction, consideration, modification, enactment, defeat, approval, veto, granting or denial by any officer of the City and County of any resolution, motion, appeal, application, petition, nomination, ordinance, amendment, approval, referral, permit, license or entitlement to use.

 

Contents of Third Quarter 2004 Summary Report

 

Table 1:  All Reported Activity

Table 1 provides a summary of all reported activity by lobbyists (hereinafter “filers”) for the third quarter of 2004.  The table summarizes payments promised to and received by contract lobbyists in exchange for lobbyist services, payments made by business and organization and expenditure lobbyists to influence local legislative and administrative action, political contributions made, delivered or arranged by a filer or made by a client at a filer’s behest, and activity expenses incurred by filers.  Filers are listed in alphabetical order, and all amounts (for Table 1 and for all tables) have been rounded to the nearest dollar.  The total promised payments reported by contract lobbyists was $674,769.  The total received payments reported by contract lobbyists was $896,416.  The total reported payments made by business and organization and expenditure lobbyists was $175,957.   

 

Table 2:  Political Contributions of $100 or More

Filers must report the total amount of political contributions made, delivered or arranged by the filer, or made by a client at the behest of the filer during the quarter.  Filers must itemize contributions equaling $100 or more.  Filers must report contributions made to the following: a City officer; a candidate for City office; a committee controlled by a City officer or candidate for City office; a committee primarily formed to support or oppose a City officer or candidate for City office; a committee primarily formed to support or oppose a local ballot measure whether or not the committee is controlled by a City officer or candidate for City office.  Table 2 lists all political contributions of $100 or more made by filers during the third quarter. The total reported political contributions was $28,194.

 

Table 3: Total Political Contributions

Table 3 lists (in descending order by lobbyists’ total contributions) all political contributions of any amount made by filers during the third quarter. 

 

Table 4: Activity Expenses

All filers must report activity expenses.  An activity expense is any expense incurred or payment made by a lobbyist (or others specified in the Ordinance) which benefits a City officer, a candidate for City office, a family member thereof (including domestic partners), or aides to members of the Board of Supervisors.  Activity expenses include gifts, honoraria, consulting fees, salaries, and any other form of economic compensation totaling more than $30 in value in a consecutive three-month period. 

 

Table 4 lists activity expenses reported by filers, the total of which includes salaries paid to employees who also serve as City officers.  The table lists the filer, salaries paid, the date of the activity expense, the name and official title or position of each beneficiary of the expense and a description of the benefit conferred.  The table also includes the total cost of the activity, the portion of the total cost of the activity which represents the value of the benefit conferred on each beneficiary and the name of the payee of the expense if it is different from that of the beneficiary.  The total reported amount of activity expenses during the third quarter was more than $20,128, of which more than $20,000 was attributed to salaries.

 

Table 5: Gift Tickets and Admissions

Filers are required to report gift tickets and gift admissions to political fund-raisers and events sponsored by 501(c)(3) non-profit organizations given to City officers.  Table 5 shows each reported gift ticket and/or admission given to a City officer.  The table gives the date and description of the political or charitable event and the name and official title of the beneficiary of the gift ticket and/or admission.  No filers reported giving a gift ticket/admission to a City officer during the quarter.

 

Table 6: City Contracts Awarded

Filers must report certain City contracts they were awarded during the reporting period.  Table 6 lists the type of contract awarded (rendition of personal services; furnishing of any material, supplies or equipment to or from the City; or sale or lease of land or buildings to or by the City, or financing of the same), the date the contract was approved, the name of the City officer and Department that approved the contract, and the subject matter of the contract.  No filers reported being awarded a City contract during the quarter.

 

Table 7: Employment of City Officers or Employees

Filers must report the names of City officers or employees who have been employed or retained by the filer at any time during the reporting period.  This table lists the name and position of the City officer and the services provided by the City officer to the filer.  Filers must also report whether a City officer or employee has been employed or retained by a client of the filer at the behest of the filer at any time during the reporting period.  Filers in this case must list the name of the client and that of the City officer.  Two filers reported employing City officers or employees during the quarter.

 

Table 8: Payments for Campaign Consulting Services

Filers must report the total payments received from City officers during the reporting period in exchange for providing campaign consulting services (as defined in S.F. Campaign and Governmental Conduct Code Article I, Chapter 5, Section 1.505).  Such payments must be reported only if the filer contacted the officer within one year of the date of payment.  No filer reported receiving payments for campaign consulting services during the quarter.

 

Table 1 – All Reported Activity

Lobbyist Organization

Payments Promised By Clients

Payments Received By Clients

Activity Expenses

Political Contributions

Payments Made To Influence Local Action

Barbary Coast Consulting

106,068

111,568

0

400

0

Barnes, Mosher, Whitehurst, Lauter & Partners

         74,500

       118,000

                    0  

           3,000

                    0  

BergDavis Public Affairs

313

313

0

850

0

F. Joseph Butler, AIA

19,456

7,104

0

145

0

California Independent Grocers Assoc.

0

0

0

0

0

California Urban Issues Project

0

0

0

0

0

Carolyn Carpenti & Company

8,000

24,000

0

50

0

CC California, Inc.

0

0

0

0

0

Citizens to Save the Waterfront

0

0

0

0

0

Clear Channel Outdoor

0

0

0

800

261

Coalition for Better Housing

0

0

0

0

52

Comcast *

0

0

10,000

0

68,200

Committee on Jobs

0

0

0

0

11,744

Dewey Square Group

0

30,000

0

0

0

GCA Strategies

0

58,932

0

250

0

Golden Gate Restaurant Association

0

0

0

2,500

14,304

Gladstone & Associates

0

16,844

0

2,675

0

Jon Golinger

25,000

28,424

0

75

0

HMS Associates

210,000

224,500

0

2,100

0

Hotel Council of San Francisco *

0

0

10,000

0

751

Kay & Merkle

938

938

0

1,000

0

Keil & Connolly

0

0

0

0

0

LaPointe & Associates

61,050

49,550

0

750

0

Marquez Law Group, LLP

0

0

0

250

0

McCarthy & Schwartz

0

76,269

0

1,850

0

Morrison & Foerster

37,434

31,311

0

0

22

Moscone, Emblidge & Quadra

0

769

0

1,000

0

Pacific Telesis & Subsidiaries

0

0

69

0

1,047

PG&E

0

0

0

0

2,264

Platinum Advisors

0

0

0

0

0

David Prowler

8,550

8,550

0

0

0

RCN Telecom Services

0

0

0

0

30,916

Reuben & Junius, LLP

535

535

0

5,999

0

William G. Rutland, Jr. LLC

89,815

72,500

0

0

0

SF Apartment Association

0

0

0

3,000

6,000

SF Association of Realtors

0

0

0

0

7,380

SF Baseball Associates

0

0

0

0

7,606

SF Chamber of Commerce

0

0

0

0

265

Small Property Owners of San Francisco

0

0

0

0

25,145

Solem & Associates

25,891

22,269

59

1,500

0

Steefel, Levitt & Weiss

7,220

0

0

0

0

Jane Winslow Consulting

0

14,041

0

0

0

TOTAL

$674,769

$896,416

$20,128

$28,194

$175,957

*Filer incurred more than $10,000 in activity expenses for employee salaries

 

 

 

 

 

**Flier incurred between $500 and $10,000 in activity expenses for employee salaries

 

Table 2 – Political Contributions of $100 or more made by lobbyists

(Listed alphabetically by committee or candidate’s last name)

 

CONTRIBUTIONS TO CITY OFFICERS/CANDIDATES FOR CITY OFFICE

 

COMMITTEE NAME

LOBBYIST'S NAME

 

AMOUNT

 

Michela Alioto-Pier for Supervisor

Golden Gate Restaurant Association

 

500.00

 

 

HMS Associates

;;

 

500.00

 

 

LaPointe & Associates

 

500.00

 

 

McCarthy & Schwartz (David Hankin made the contribution at the behest of the Filer)

 

100.00

 

 

 

Total:

1,600.00

 

Barnes for Supervisor

Barnes, Mosher, Whitehurst, Lauter & Partners (Sam Lauter)

 

500.00

 

 

Clear Channel Outdoor

 

300.00

 

 

LaPointe & Associates

 

250.00

 

 

McCarthy & Schwartz (Filer arranged for contribution by Robert J. McCarthy)

 

500.00

 

 

 

Total:

$1,550.00

 

Dr. Natalie Berg for Community College Board

Barnes, Mosher, Whitehurst, Lauter & Partners

 

250.00

 

 

Gladstone & Associates

 

250.00

 

 

HMS Associates

 

500.00

 

 

 

Total:

$1,000.00

 

Black Women Organize for Political Action

McCarthy & Schwartz (Filer arranged for contribution by Robert McCarthy)

 

500.00

 

 

 

Total:

$500.00

 

Rolando Borilla for Supervisor

San Francisco Apartment Association

 

500.00

 

 

 

Total:

$500.00

 

Sean Elsbernd for Supervisor

Barbary Coast Consulting

 

300.00

 

 

Barnes, Mosher, Whitehurst, Lauter & Partners

 

500.00

 

 

Barnes, Mosher, Whitehurst, Lauter & Partners (Sam Lauter)

 

500.00

 

 

Barnes, Mosher, Whitehurst, Lauter & Partners (Mark Mosher)

 

500.00

 

 

Barnes, Mosher, Whitehurst, Lauter & Partners (John Whitehurst)

 

500.00

 

 

BergDavis Public Affairs

 

250.00

 

 

Gladstone & Associates

 

500.00

 

 

Golden Gate Restaurant Association

 

500.00

 

 

HMS Associates

 

500.00

 

 

Law Offices of Kay & Merkle

 

500.00

 

 

Law Offices of Kay & Merkle (Steven Kay)

 

500.00

 

 

McCarthy & Schwartz (Filer arranged for contribution by Robert J. McCarthy)

 

500.00

 

 

Reuben & Junius, LLP

 

500.00

 

 

Reuben & Junius, LLP (Filer served as agent for Jared Eigerman)

 

250.00

 

 

Reuben & Junius, LLP (Filer served as agent for Andrew J. Junius)

 

500.00

 

 

Reuben & Junius, LLP (Filer served as agent for James A. Reuben)

 

500.00

 

 

Reuben & Junius, LLP (Filer served as agent for Joel Yodowitz)

 

500.00

 

 

Reuben & Junius, LLP (Filer served as agent for Kevin H. Rose)

 

250.00

 

 

San Francisco Apartment Association

 

500.00

 

 

Solem & Associates

 

500.00

 

 

 

Total:

$9,050.00

 

Lisa Feldstein for Supervisor

GCA Strategies

 

250.00

 

 

Gladstone & Associates

 

500.00

 

 

Reuben & Junius, LLP

 

500.00

 

 

Reuben & Junius, LLP (Filer served as agent for James A. Reuben)

 

250.00

 

 

 

Total:

$1,500.00

 

Committee to Re-Elect Terrence Hallinan

Reuben & Junius, LLP

 

500.00

 

 

 

Total:

$500.00

 

David Heller for Supervisor

Golden Gate Restaurant Association

 

500.00

 

 

 

Total:

$500.00

 

Dennis Herrera for City Attorney

Barbary Coast Consulting

 

100.00

 

 

Reuben & Junius, LLP (Filer served as agent for Tuija I. Catalano)

 

250.00

 

 

Reuben & Junius, LLP (Filer served as agent for Jay F. Drake)

 

250.00

 

 

Reuben & Junius, LLP (Filer served as agent for Charles J. Higley)

 

250.00

 

 

Reuben & Junius, LLP (Filer served as agent for Kevin H. Rose)

 

250.00

 

 

 

Total:

$1,100.00

 

Heather Hiles for School Board

Clear Channel Outdoor

 

250.00

 

 

 

Total:

$250.00

 

Matt Juhl-Darlington for College Board

Reuben & Junius, LLP (Filer served as agent for Jared Eigerman)

 

250.00

 

 

 

Total:

$250.00

 

Committee to Elect Larry Kane

HMS Associates

 

500.00

 

 

 

Total:

$500.00

 

Leno for Assembly

Moscone, Emblidge & Quadra, LLP

 

500.00

 

 

 

Total

$500.00

 

Myrna Lim for Supervisor

Gladstone & Associates

 

250.00

 

 

San Francisco Apartment Association

 

500.00

 

 

 

Total:

$750.00

 

Fiona Ma Exploratory Committee

BergDavis Public Affairs

 

350.00

 

 

Reuben & Junius, LLP

 

500.00

 

 

Solem & Associates

 

1,000.00

 

 

 

Total

$1,850.00

 

COMMITTEE NAME

LOBBYIST'S NAME

 

AMOUNT

 

Milton Marks III for Community College Board

Barnes, Mosher, Whitehurst, Lauter & Partners

 

250.00

 

 

Gladstone & Associates

 

175.00

 

 

HMS Associates

 

100.00

 

 

 

Total

$525.00

 

Committee to Elect Jake McGoldrick

San Francisco Apartment Association

 

500.00

 

 

 

Total:

$500.00

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Jose Medina for Supervisor

Gladstone & Associates

 

500.00

 

 

 

Total

$500.00

 

Ross Mirkarimi

The Marquez Law Group

 

250.00

 

 

 

Total

$250.00

 

NCLR

Gladstone & Associates

 

250.00

 

 

 

Total

$250.00

 

Peskin For Supervisor

BergDavis Public Affairs

 

250.00

 

 

Golden Gate Restaurant Association

 

500.00

 

 

Reuben & Junius, LLP (Filer served as agent for Andrew J. Junius)

 

250.00

 

 

Reuben & Junius, LLP (Filer served as agent for James A. Reuben)

 

249.00

 

 

 

Total:

$1,249.00

 

Re-Elect Rodel Rodis

McCarthy & Schwartz (Filer arranged for contribution by Robert McCarthy)

 

250.00

 

 

 

Total:

$250.00

 

Richmond Neighbors for Tuchow

Golden Gate Restaurant Association

 

500.00

 

 

 

Total:

$500.00

 

Gerardo Sandoval for Supervisor

San Francisco Apartment Association

 

500.00

 

 

 

Total:

$500.00

 

Jim Siegel for Supervisor

San Francisco Apartment Association

 

500.00

 

 

 

Total:

$500.00

 

Lillian Sing for Supervisor

Clear Channel Outdoor

 

250.00

 

 

Gladstone & Associates

 

250.00

 

 

 

Total:

$500.00

 

 

 

 

 

 

Friends of Tom Umberg

Moscone, Emblidge & Quadra, LLP

 

500.00

 

 

 

Total:

$500.00

 

 

 

 

 

 

 

TOTAL CONTRIBUTIONS OF $100 OF MORE TO CITY OFFICERS/CANDIDATES:

 

$28,194

 

 

 

 

 

 

CONTRIBUTIONS TO COMMITTEES SUPPORTING/OPPOSING LOCAL BALLOT MEASURES

 

COMMITTEE NAME

LOBBYIST'S NAME

 

AMOUNT

 

None This Period

 

 

$0.00

 

 

TOTAL CONTRIBUTIONS OF $100 OF MORE TO COMMITTEES:

$0.00

 

 

 

 

 

 

GRAND TOTAL: CONTRIBUTIONS OF $100 OF MORE MADE BY LOBBYISTS DURING THIRD QUARTER 2004:

$28,194

 

 

 

Table 3 – Total Contributions by Lobbyists

(includes contributions of less than $100)

 

Lobbyist Organization

Political Contributions

Reuben & Junius, LLP

$5,999.00

Barnes, Mosher, Whitehurst, Lauter & Partners

$3,000.00

San Francisco Apartment Association

$3,000.00

Gladstone & Associates

$2,675.00

Golden Gate Restaurant Association

$2,500.00

HMS Associates

$2,100.00

McCarthy & Schwarz

$1,850.00

Solem & Associates

$1,500.00

Kay & Merkle

$1,000.00

Moscone, Emblidge & Quadra

$1,000.00

BergDavis Public Affairs

$850.00

Clear Channel Outdoor

$800.00

LaPointe & Associates

$750.00

Barbary Coast Consulting

$400.00

GCA Strategies

$250.00

Marquez Law Group, LLP

$250.00

F. Joseph Butler, AIA

$145.00

Jon Golinger

$75.00

Carolyn Carpeneti & Co.

$50.00

TOTAL CONTRIBUTIONS DURING THIRD QUARTER 2004:

$28,194.00

 

Table 4 – Activity Expenses

LOBBYIST

DATE

BENEFICIARY

BENEFIT

PAYEE

AMOUNT SPENT ON BENEFICIARY

TOTAL COST OF ACTIVITY

TOTAL ACTIVITY EXPENSES

Comcast Corporation

07/01/04-09/30/04

Linda Crayton, Airport Commissioner

Salary

n/a

more than $10,000

more than $10,000

more than $10,000

 

 

 

 

 

 

 

 

Hotel Council of San Francisco

09/21/04

Tony Hall, Executive Director of Treasure Island Development Authority

Lunch

n/a

$45

$45

 

 

09/22/04

Sean Elbernd, Supervisor

Lunch

n/a

$45

$45

 

 

07/01/04-09/30/04

Patricia Breslin, Taxi Commissioner

Salary

n/a

more than $10,000

more than $10,000

 

 

Total:

more than $10,000

 

 

 

 

 

 

 

 

Pacific Telesis & Subsidiaries

08/04/04

Lewis Loeven, Executive Director, Dept. of Telecommunications & Information Services

Lunch

Absinthe Restaurant

$23

$69

$69

 

Solem & Associates

07/27/04

Sean Elbernd, Supervisor

Flowers

n/a

$30

$30

 

 

07/28/04

Fiona Ma, Supervisor

Flowers

n/a

$30

$30

 

 

Total:

$59

 

TOTAL ACTIVITY EXPENSES BENEFITING CITY OFFICERS DURING THIRD QUARTER 2004:

More than $20,128

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table 5

Gift Tickets and Admissions

Lobbyist

Date

Event

Beneficiary

None This Period

 

 

 

 

Table 6

City Contracts Awarded

Lobbyist

Date Awarded

Type of Contract Awarded

City Officer/Department Approving Contract

None This Period

 

 

 

 

 

 

 

Table 7

Employment of City Officers or Employees

Lobbyist

Name of City Officer Employed

Services Provided for Filer

Comcast Corporation

Linda Crayton, Airport Commissioner

Director of Governmental Affairs

 

Golden Gate Restaurant Association

Patricia Breslin, Taxi Commissioner

Executive Director (Left GGRA 04/30/04 )

 

 

 

 

Table 8

Payments for Campaign Consulting Services

Lobbyist

Name of City Officer From Whom Payment Received

Amount/Date of Payment & Services Provided

None This Period