Ting asks ethics investigation of
Clear Channel Outdoor and Sandoval

From the Ting Campaign

October 5, 2005

Last night, a representative of the Phil Ting for Assessor campaign filed a request for an Ethics Commission investigation of possible campaign violations by Clear Channel Outdoor and Gerardo Sandoval.

Less than 2 weeks after Assessor-Recorder Phil Ting announced a new billboard valuation policy that would generate approximately $2 million a year in additional revenue for San Francisco, Clear Channel Outdoor has placed a large billboard at the corner of Mission Street and Cesar Chavez showing the likeness of Gerardo Sandoval, a candidate for election this November 8th. This billboard includes a prominent campaign-style logo with Sandoval's name. Normal monthly costs of this type of oversized billboard are up to $10,000.

If Clear Channel paid for this billboard, it is violating the city's new Electioneering Law, a law that Sandoval himself fought to pass. This new law, Section 1.161.5 of the San Francisco Campaign and Government Conduct Code, requires that sponsors of electioneering materials (including billboards) "referring to a clearly identified candidate for City elective office" and appear "90 days prior to an election," are subject to disclosure requirements at the San Francisco Ethics Commission within 48 hours of posting. Supervisor Sandoval was one of the proponents of this new law and voted for its passage.

If Sandoval paid for this billboard out of his Supervisorial account, which is still open, he is using that account to campaign for Assessor, in violation of city law. If Sandoval paid for this billboard out of his Assessor's account, he is in violation of the city's disclaimer law.

Ting spokesperson Eric Jaye said, "In any scenario, these violations are serious. Under the most likely scenario, Clear Channel may be using its financial resources to unlawfully promote Sandoval in order to protect its corporate interests."

Jaye continued, "Phil Ting is not afraid to stand up to big corporations like Clear Channel if they are not paying their fair share. He will continue to use his professional expertise to find every single dollar owed to the taxpayers of San Francisco. San Franciscans deserve a professional Assessor-Recorder who is focused on the job - fairly assessing and collecting revenue for the City and County of San Francisco."

Attached is a copy of the Ethics Commission complaint and photo of the billboard:

October 4, 2005

San Francisco Ethics Commission
30 Van Ness Avenue, Suite 3900
San Francisco, CA 94102
Fax: (415) 581-2317

To whom it may concern:

This letter serves as a formal request for an investigation into possible campaign violations by Assessor-Recorder candidate Gerardo Sandoval and Clear Channel Outdoor.

As you may know, San Francisco Assessor-Recorder Phil Ting has called for reform in regard to the way billboards are assessed in San Francisco. Phil Ting is insisting that billboard companies pay their fair share under the formula recommended by Caltrans and the California Assessor's Association. The change in billboard policy would bring San Francisco in line with other major California counties, including Los Angeles and Sacramento.

Phil Ting made an announcement about this new policy on September 15, 2005.

On or about October 2, 2005 a billboard appeared on the corner of Mission Street and Cesar Chavez showing the likeness of Gerardo Sandoval, a candidate for election this November 8th

This billboard includes a prominent campaign-style logo with Sandoval's name. Normal monthly costs of this type of oversized billboard are up to $10,000.

I ask that the Ethics Commission begin an immediate investigation into this possible violation of the law by either the Sandoval campaign or Clear Channel Outdoor or both.

If Sandoval paid for this billboard out of his Assessor's account, he is in violation of the city's disclaimer law.

If Sandoval paid for this billboard out of his Supervisorial account, which is still open, he is using that account to campaign for Assessor, in violation of city law.

If Clear Channel paid for this billboard, it is violating the city's new Electioneering Law, a law that Sandoval himself fought to pass.

Because this billboard refers to "a clearly identified candidate for city elective office" and "appears 90 days prior to an election," the billboard is clearly subject to the new disclosure requirements in Section 1.161.5 of the San Francisco Campaign and Government Conduct Code.

Because this billboard is clearly intended to promote Sandoval, it falls under the city's new Electioneering Law, and it requires both a disclaimer and for the sponsor to file an Electioneering Report. There is no disclaimer and according to your office this morning, there is no Electioneering Report on file with the Ethics Commission.

In any scenario, these violations are serious. Under the most likely scenario, Clear Channel may be using its resources to unlawfully promote Sandoval in order to protect its corporate interests. These could be serious violations of city law.

The San Francisco Ethics Commission has a responsibility to take action against these violations.

I appreciate your prompt inquiry and response to these clear violations of the law.

Sincerely,

Eric Jaye
Campaign Consultant, Phil Ting for Assessor