RESOURCE COLLECTION

Lobbying Disclosure

Government Code Section 56300 [c] states that "a commission may require, through the adoption of written policies and procedures, lobbying disclosure and reporting requirements for persons who attempt to influence pending decisions by commission members, staff, or consultants. Disclosure shall be made either to the commission's executive officer, in which case it shall be posted on the commission website, if applicable, or to the recorder, registrar of voters, or clerk of the board of supervisors of the county in which the commission is located...".

Local Agency Formation Commission (LAFCo)

Important Notices:

  1. Disclosure rights applies to individuals, firms/agencies and/or their agents that intend to lobby members of the SF LAFCO, staff, or consultants of the SF LAFCO in order to influence pending decisions before the Commission. The attached forms must be filled out and filed with the Executive Officer on a monthly basis, no later than the 15th of the month.
  2. This procedure applies to individuals, firms/agencies and/or their agents that are currently lobbying members of the SF LAFCO, staff, or consultants of the SF LAFCO in order to influence pending decisions before the Commission. The attached forms must be filled out and filed with the Executive Officer on a monthly basis, no later than the 15th of the month.

Policies and Procedures:

  1. It shall be the policy of SF LAFCO that the Executive Officer shall post the forms on the commission website, and copies shall be distributed to the SF LAFCO, Registrar of Voters and the Clerk of the Board of Supervisors.
  2. The forms may be e-mailed and or faxed by the due date, but a signed copy must be received by the Executive Officer within three days of the due date.
  3. The forms must be completed and filed by the due date the LAFCo Executive Officer.

Mail Form to:

Executive Officer
San Francisco Local Agency Formation Commission
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102-4689
Tel: (415) 554-5184
Fax: (415) 554-5163
LAFCo@sfgov.org

Participant Disclosure Form:

This form must be completed by participants in a proceeding involving a license, permit, or other entitlement for use.

Basic Provisions of Government Code Section 84308

  1. If you are a participant in a proceeding involving a license, permit, or other entitlement for use, you are prohibited from making a campaign contribution of more than $250 to any commissioner or his or her alternate. This prohibition begins on the date you begin to actively support or oppose an application for a license, permit, or other entitlement for use pending before the SF LAFCO, and continues until three months after a final decision is rendered on the application or proceeding by the SF LAFCO.

    No commissioner or alternate may solicit or accept a campaign contribution of more than $250 from you and/or your agent during this period if the commissioner or alternate, knows or has reasons to know that your are a participant.

  2. The attached disclosure form must be filed if you or your agent have contributed more than $250 to any commissioner or alternate for the SF LAFCO during the 12-Month period preceding the beginning of your active support or opposition. (The disclosure form will assist the commissioners in complying with the law.)
  3. If you or your agent have made a contribution of more than $250 to any commissioner or alternate during the I2 months preceding the decision in the proceeding, that commissioner must disqualify himself or herself from the decision. However, disqualification is not required if the commissioner or alternate returns the campaign contribution within 30 days of learning both about the contribution and the fact you are a participant in the proceeding.

This form should be completed and filed the first time that you lobby in person, testify in person before, or otherwise directly act to influence the vote of the members of the SF LAFCO.

  1. An individual or entity is a "participant" in a proceeding involving an application for a license, permit or other entitlement for use if:
    1. The individual or entity is not an actual party to the proceeding, but does have a significant financial interest in the SF LAFCO's decision in the proceeding.
    2. The individual or entity, directly or through an agent, does any of the following:
      1. Communicates directly, either in person or in writing, with a member of the SF LAFCO for the purpose of influencing the member's vote on the application.
      2. Communicates with an employee of the SF LAFCO for the purpose of influencing a Commissioner's vote on the application; or
      3. Testifies or makes an oral statement before the SF LAFCO during a proceeding on a license, permit or other entitlement for use for the purpose of influencing the decision of the SF LAFCO.
      4. A proceeding involving "a license, permit or other entitlement for use" includes all business, professional, trade and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor or personal employment contracts) and all franchises.
      5. Your "agent" is someone who represents you in connection with a proceeding involving a license, permit or other entitlement for use. If an agent is acting as an employee or member of a law, architectural, engineering or consulting firm, or a similar business entity or corporation, both the business entity or corporation and the individual are agents.
      6. To determine whether a campaign contribution of more than $250 has been made by a participant or his or her agent, contributions made by the participant within the preceding 12 months shall be aggregated with those made by the agent within the preceding 12 months or the period of the agency, whichever is shorter. Campaign contributions made to different commissioners or alternates are not aggregated.

This notice summarizes the major requirements of Government Code Section 84308 and 2 Cal. Adm. Code Sections 18438 - 18438.8. For more information, contact Gloria Young, Executive Officer, SF LAFCO, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102-4689, 415-554-5184.

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