SF Ethics Commission

Campaign Consultant Filing, Second Quarter 2006

SECOND QUARTER 2006 SUMMARY OF EARNINGS AND ACTIVITY OF CAMPAIGN CONSULTANTS REGISTERED WITH THE CITY

March 1, 2006 through May 31, 2006

Emi Gusukuma, Chairperson
John St. Croix, Executive Director

Report prepared by:
Richard Mo, Chief Enforcement Officer

Date Issued: July 19, 2006

CAMPAIGN CONSULTANT FILING
SECOND QUARTER 2006

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 second quarter activity reports were due on June 15, 2006 and covered the filing period beginning March 1, 2006 and ending May 31, 2006. Thirteen out of thirteen registered campaign consultants filed with the Ethics Commission in the second quarter of 2006.

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.

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	36	$352,837	$243,578	$1,600
Second Quarter 2004	29	$180,947	$136,950	$1,650
Third Quarter 2004	45	$461,739	$405,991	$11,050
Fourth Quarter 2004	55	$620,070	$943,214	$4,786
First Quarter 2005	17	$78,578	$29,762	$1,750
Seccond Quarter 2005	17	$87,399	$93,085	$250
Third Quarter 2005	20	$160,430	$102,377	$950
Fourth Quarter 2005	23	$256,254	$283,731	$1,150
First Quarter 2006	9	$68,911	$72,654	$1,900
Second Quarter 2006	13	$400,328	$385,303	$1,000

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.

“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 second quarter of 2006 in the attached tables. All amounts reported by campaign consultants have been rounded to the nearest whole dollar.

IV. Description of Quarterly Report Tables

Table 1: Total Reported Activity March 1, 2006 – May 31, 2006

Table 1 summarizes all reported activity by campaign consultants for the second quarter of 2006. Filers are listed in alphabetical order. Also reported are the total payments promised by clients and any political contributions or gifts to officeholders made by the filers.

Table 1
All Reported Activity
(Listed in Alphabetical Order)
CAMPAIGN CONSULTANT	TOTAL PAYMENTS RECEIVED	TOTAL PAYMENTS PROMISED	POLITICAL CONTRIBUTIONS	GIFTS MADE TO OFFICEHOLDERS
Barnes Mosher Whitehurst Lauter & Partners	$18,409	$50,000	$0	$0
Bowman, Christopher	$0	$0	$0	$0
Gibbs, Gregory	$6,450	$6,450	$0	$0
Gutierrez, David	$0	$0	$0	$0
Hope Road Consulting, LLC	$0	$0	$0	$0
Hsieh, Francisco	$3,000	$3,000	$0	$0
Hsieh & Associates	$20,600	$20,600	$0	$0
Lyons, Nichele	$25,665	$22,417	$0	$0
Malchow, Shclackman & Hoppey, Inc.	$31,219	$14,720	$0	$0
McCarthy, Brian	$10,500	$10,500	$0	$0
Solem & Associates	$0	$0	$1,000	$0
Stearns Consulting	$9,774	$12,955	$0	$0
Terris, Barnes and Walters	$259,686	$259,686	$0	$0
TOTAL REPORTED ACTIVITY	$385,303	$400,328	$1,000	$0

Table 2: Client Payment Report

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 2 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 second quarter totaled $400,328. The payments received by all filers from clients during the second quarter totaled $385,303.

Table 2

Payments to Campaign Consultants

Campaign Consultant	Client(s)	Services Performed	Total Payments Promised	Total Payments Received
Barnes Mosher Whitehurst Lauter & Partners	No on D – Save Laguna Honda No on C – Save Transbay	Campaign management Campaign management	$20,000 $30,000	$13,795 $4,614
Bowman, Christopher	No reportable activity	No reportable activity	$0	$0
Gibbs, Gregory	Bevan Dufty	Campaign director	$6,450	$6,450
Gutierrez, David	No reportable activity	No reportable activity	$0	$0
Hope Road Consulting	No reportable activity	No reportable activity	$0	$0
Hsieh, Francisco	Fiona Ma for Assembly	Community fundraising and outreach	$3,000	$3,000
Hsieh & Associates	Fiona Ma for Assembly	Campaign management	$20,600	$20,600
Lyons, Nichele	Michela Alioto-Pier No on Prop D	Fundraising Fundraising	$4,240 $18,177	$15,181 $10,484
Malchow, Shclackman & Hoppey, Inc.	California Urban Issues Project Committee on Jobs Committee to Re-elect Alioto-Pier	Website design; hosting; ad campaign Online ad campaign Online ad campaign	$3,265 $3,496 $7,959	$23,260 $0 $7,959
McCarthy, Brian	Fiona Ma for Assembly	Fundraising	$10,500	$10,500
Solem & Associates	No reportable activity	No reportable activity	$0	$0
Stearns Consulting	Re-Elect Sophie Maxwell Kamala Harris for DA	Political consulting Political consulting	$0 $12,955	$8,784 $990
Terris, Barnes and Walters	Fiona Ma for Assembly	Campaign consulting	$259,686	$259,686
TOTAL PAYMENTS PROMISED TO AND RECEIVED BY CAMPAIGN CONSULTANTS			$400,328	$385,303

Table 3: Political Contributions

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. Filers reported a total of $1,000 in political contributions during the second quarter.

Table 3
Political Contributions
Campaign Consultant	Candidates/Committees	Contribution
Solem &Associates	Fiona Ma for Assembly Save Laguna Honda Hospital Phil Ting for Assessor Douglas Chan for Supervisor	$250 $250 $250 $250
Total Contributions:		$1,000

Vendor/Subvendor Payments

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 to or from any vendors or subvendors during this reporting period.

Gifts to Local Officeholders

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 ContractsObtained 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.

Appointment to Public Office

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.