About them of whether or not from a technical and compliance perspective, if they thought that was feasible and what they highlighted is it is feasible but only if done in certain ways. The concern that they had is that on the 496, theres a section thats called park 2 where you actually list the independent expenditures and you do those in aggregate disclosure style. If you do a 10,000 mailing, one line item in part 2 says, june 1st, mass mailing. Cost 10,000. Thats one line item. What the treasurers flagged for us was that its not feasible to do separate line items in part 2 for each of the separate costs. Its not feasible to say june 1 printing of the mail, 400. June one, design of the mailers. That would not be feasible because that schedule is populated from information in that file and that information also feeds into a schedule on the form 460. The preelection statement. By requiring filers to enter into into the file that would produce that breakdown, that would disrupt their 460 filing and that would populate schedule d on the 460 which is a schedule of expenditures that support or oppose a candidate. That would populate that schedule and with that broken down information which is not sense cal on schedule d. They flagged for us we should not require that could be given in part two. What they suggested and what i think we will suggest to filers is that they do either one of three things. That they even provide the breakdown in the description, for each i. E. , so when you do a line item, on the 496, its possible to enter a description of the line item so this one, he made a specific example. This is that acceptable to you . That is what i was getting at. You dont need to know into the details. I commend them for their skill at filling out these forms but i dont think we have a policy discussion about that because i do want you to talk about the other definitional aspects and make sure weve got that right and there arent any unintended consequences or whatever sounds good. The bottom line is that i dont think any amendment to regulation 1. 1612 is needed. Filers will use the 496 and its the most feasible and i think ultimately the most useful way to have this information provided. Ok. Great. So i will go to the amendments at this point and talk about one amendment i do think should be made based on the response ive heard from stakeholders. Can you tell us who you talked to . I mean, not everybody that you talked to but most particularly since this was measures sponsored by the board or the boards legislative aids that they review it and the City Attorney get a chance to review the definitions yes. The City Attorneys office as and the people who propose the amendments all work with the regulated community to do the disclosures. So the amendments that they proposed are all in the nature of either technical amendments or those who clarify or correct things to make them more accurate. Ok. Great. The first mendment is to regulation 1. 1612. Is that the one we were just looking at . A treasurer asks that a cost estimate provision be added to this regulation. And if you look back on the previous page, in regulation 1. 161 you see the cost estimate provision and what this says is that even though you are required to disclose this information short lie after the communication goes out, you have to disclose the separate cost associated with it and if you dont actually know the separate cost yet, because maybe your vendor hasnt billed you for them. Its ok to put an estimate and to amend the filing later when you get the invoice and you know the separate costs. That is already in effect here for mass mailing disclosures and its something that also acceptable for the 496 so the treasure asked that we also institute that concept here with the 496 separate cost disclosure in regulation of 1. 162. I would recommend to break that regulation into two parts. The text in there rit now, just make that part a. And then add part b the cost victim provision for that proceeding regular. Just for the record, same as 1. 1611 sub section c you will make that same language and of 1. 1612 with some changes. I should read them right now. I read what i would suggest so its in the record the provision would say sub section b estimated cost of independent expenditure, period. Filers who do not know the actual costs associated with an independent expenditure when they file form 496 as described in sub section a of this regulation, may provide a good faith estimate, provided that they amend the form within 48 hours of receiving more information about the actual costs of the independent expenditure. Ok. How do you propose to move these amendments one by one or . I think i would leave that we dont have a written substitution, right. We have to im just trying to figure it out. What your system is for making clear how were going to move each one of them sure. They call this amendment number one . Sure. Ok. Three of them are in writing. Three of them are in Public Comment. Its in front of you. This is not so this is the this one is not. Ok. So, i think what id like to do is tell you the two that are not. First the two that i am just going to head into the record because it is not submitted to us in written form. For the three that were submitted to us in written form, you have that in front of you ok. Great. The second one is on page 8 of the agenda item under regulation 1. 1273. This regulation relates to the land use matter contribution prohibition. Theres a safe harbor that says if a committee gets a written attestation from a kin contributor saying the contribute or does not have a financial interest in the landuse matter if the candidate accepts a contribution from that person, the candidate will not be liable for the violation if it does turnout that the person in fact does have this provides language we would accept from a candidate in order to trigger that safe harbor so it gives them something to copy and paste and run with into their contribute orchard. Someone proposed we add clarification that this can be accepted in electronic form. That when it says in written, that does not mean a physical writing, exclusively it could include an electronic writing. The purpose is that a lot of contributions these days are received over the internet and they go on the website and they enter the credit card information and these as testtations, can you do it for contribution and prohibition as well, its a check box that someone clicks. So what i was suggesting is that these first line of the regulation be amended so that it says the candidate will meet the Due Diligence requirements of section 1. 127c if the contribute or certifies in writing in electronic format to the candidate at the time the contribution is made that the following is true. So ragged the words includinn electronic format. Correct. Can we call that amendment number two and then i wanted to ask you though, sta substantive, say this form comes up and you are making a contribution, the regs wont come up so i see people asking questions about what a land use matter is and whether or not the commissioner was asking and said if you are remodeling your bathroom you cant contribute to anyones campaign so is there some citations or link or something that people are going to find when they have to sign this attestation i sought to put the minimum of what we would im still thinking if were going to get a lot of frustration because theres a lot of people who arent going to be able to sign and wont attest to this because its so broad. Anybody that has had to rebuild the deck on their house has had a land use matter at the Building Inspection Commission right, because you have to get a permit for it so just trying to anticipate that and and the regs if someone can find it or then they could put a link in on the candidates website because well just confuse a lot of people and you will get a lot of phone calls. Im fine with that you get a lot of phone calls anyway. Im just trying to think out loud if you are looking is there some were all lawyers up there, is there a way you can give people a clue where they would go to figure out if they can check this box or not . Or do they just need to go back to the candidate . So, im hoping and kind of assuming that committees and their council are probably going to be tangling with us and developing their own approaches to how to best present this. Its fine if some kind of parenthetical is added as those terms are defined by statute and regulation. I think thats fine. I would probably advise against including those definitions here or starting to. You could reference the code amended, you know, they do define land use matter in section 1. 127 in prop f. That gives someone a towhold into where am i looking. I dont know if adding that just one little citation i mean im a lawyer and maybe im looking at citations and i know we need to do this today. Obviously, as this rolls out well get feedback and we can make improvements to make it more workable. Im sure a lot of people want to try and get this information from their donors at the outset because chief want to end up with the liability on the backside so i want to try and make it as you user friendly as you can. You do include the Building Inspection Commission in here and building inspection is usually just Building Permits so im trying to think of what discretionary entitlement comes in front of the Building Inspection Commission. Did you get any feedback on that from the folks you consulted . We talked with folks at the Planning Department to dig into all of the mechanics of this new co section. For the reasons that department and that commission handles the vast majority of land use matter as defined. I can tell you what we found is that 1. 127 is not perfect. It does not match up perfectly with how land use matterser dealt with in the city. What the regs endeavor to do is faithfully carry out that code section. Warts and all. You make a valid point about the Building Inspection Commission but we thought to include the departments included in the code so to not artificially limit it and not impose the elementtation that was not imposed by the voters. Looking at this further highlights in my mind i would like to at least put in, i do not have a financial interest in the land use matter as defined in code section 1. 127 and Everything Else flows from that so im trying to think of there are Code Violations issues that might be tied up with the building permission. The building inspector does have some incre incres ary authority. I appreciate you were trying to be all encompassing as possible. So, that would be my recommendation we put some tie into what a land use matter as defined in some code section and that at least gives them a starting place. Should we call that amendment 3 . You can do that to add the words as defined in campaign and governmental conduct code section 1. 127 immediately following the term lapped use matter . Right. Its 1 point im just looking at the prop f. Its defined in where did it go . 1. 127. 1. 127 sub section a right, thanks. Thank you for that. So the i guess well call it amendments four, five and six, are contained in written form in the Public Comment that you have in front of you and its also on the public table from anita mayo. She has amendments 1, 2, 3 and well call them four, five and six. All of these are good amendments. I would recommend all three of them. And i would call them technical in nature. Just correcting the language to make it more concise. The first one is to clarify in regulation 1. 1141 that it is ok for partnerships that have business entity members to make contributions to committees as long as they do so through a separate segregated fund. So if you look at the regulation itself that is on page 6 of the agenda item, you can see that in section sub section a. That already talks about the separate segregated fund. It clarifies if any of the business entities that use a separate segregated fund, that they can its something because we are not able to prohibit. We have to allow that. Go to the next page and sub section i its just to make sure i understand, so that if these business entities companies and partnerships and corporations wanted, really wanted to make their 500 contribution they could set up a separate fund. Correct. A separate segregated fund is a type of pack so essentially a corporation can set up a pack and they can raise money for the pack. If they dont actually put funds from the Corporate Treasury into the pack and then give to the candidate. If they were to use the pack to solicit contributions from us, lets say, then they could use the treasury of the pack to make contributions. That kind of use of a pack is called a separate segregated fund its important to clarify that here in the regulations. I appreciate ms. Mayo in the audience. Thank you for this and the other feedback. So her amendment essentially is to just call out that sub section a that use of a separate, segregated fund down here in sub section i. Sub section i is different. It talks about partnerships that are made up of business entity partners so if lets say two corporations enter into a partnership, this is talking about whether or not the partnership can make a contribution to candidates. In the first line, she pointed out is too narrow and too constricconstrict tive. Its prohibited under 1. 14b for make a contribution to a candidate committee. This proposes adding the action unless its made by the partnership separate segregated fun pursuant to sub section a of this regulation so basically just making that first sentence not overly restrictive because if you read it in isolation, could you read it to mean that the partnership cannot have a separate segregated fund but under sub section a it could. I would suggest adding that. The next amendment, well call it amendment 5. Its just to make the definition lineup with how it appears in the code. This is on page eight and now were in the land use matter rule. So one of the defined terms or one of the terms that is used that is defined in the regs is discretionary review hearse because as you can see i only called it discretionary review but it should be called discretionary review hearing because its how the term is used in the code. Ms. Mayo points out it needs to lineup. Amendment 5 is to add the word hearing in that subsection b after both uses of the term discretionary review. The title would read discretionary review hearing and in co quotations it would say discretionary review hearing it means the process by which, et cetera. Again, from a citation point of view, when you talk to the Planning Department staff, i mean, i think discretionary review is like an obscure part of the municipal code. Did they have a citation that they could give you for that . No, so, it is in deed obscure but its not an obscure part of the code. Its a special power of the Planning Commission that is not set fourth in code or in the charter. So theres no citation to make right. What about dish think they have adopted regulations like outlining. Im sure they have very elaborate provisions for how you seek discretionary review on someones project. Because again, it is just seems so discretionary review is hearing when a hearing is not required. I mean, if no one else is brought it to our attention or worried about it, its a fairly hefty part of the Planning Commission calender. Theres a fair amount of discretionary review hearings that they process all the time. I mean, probably it doesnt matter because im hug there are some that involve 5 million worth of construction. Anyway, i just dont have a citation for the regs so i cant really help. If there was someway to pin it to something a little bit more than just so my initial plan and approach for all of the 1. 127 definitions was just to have references to the planning code. Ideally those dont exist. They dont exist. I can tell you that a lot of the work that went into the regs was devoted to this particular regulation and trying to identify or define rather terms that are not defined. But that everyone seems to understand. But that are not defined. So, this represents my best effort at doing that. You might want to do it for your own staff implementation. I imagine that you can go to the Planning Commission and get the discretionary review packet that describes how one goes about seeking that that might, at least if someone gets fancy and tries 20 argue theyre entitled to this ex semmion because, anyway. We have that material on planning website about what a discretionary review it. This is the best we could do at boiling that down to a definition but beyond this, theres definition going to be a degree of interpretation and advice giving around 1. 127. Theres no way around it. It is a morfis and its complicate and a lot of it we have to figure out as we go maybe it helps by referring the hearing they do that. So its a discretionary hearing and its at issue. So ok, ill let us move on. The final amendment we can call amendment 6, is regarding the displacementer formatting rules in regulation 1. 1613. So that is on page 11. Of the attachment and ms. Made owe called out where language needs to be added thats in subsection a2. And this is talking about how to format the names of the contributors to the top contributors. So if you are listing your top contributors and the advertisement and those are committees and you are additionally listing the contributors to those committees, she points out that the words and contribution amount need to be added in the first sentence so it would read for any major contribute or that is a recipient committee the names of the top two major contributors of 5,000 or more to that committee, which i defined as a secondary major con contributor must be following the name, contribution amount of the major relevant contributor. You need to put the dollar amount after the name of the contributor and after that, you put the names of the contributors to that contributors. That is correct. What she points out here is you would not want to put the name of the contributors immediately after that because that would get in between the name of the contributor and how much money that person or entity gave. I agree. Its a good addition to add that language there in the first sentence. Ok. Those are all the amendments that i would suggest. Im glad to answer any questions about those or anything else in the regulations that you might have questions about. Just more broadly, stepping back for a moment, with this new ordinance and the regulations that are implementing prop f, how will the Ethics Commission