SEC. 3.216. BRIBERY AND GIFTS.

(a) Prohibition on Bribery.

(1) No City officer or employee shall solicit for the benefit of any person, or accept, anything of value or contribution from any person, with the intent that the City officer or employee will be influenced or rewarded thereby in the performance of any official act.

(2) No person shall offer, provide, or agree to provide anything of value or contribution to any person, with intent to influence or reward thereby any City officer or employee in the performance of any official act.

(b) Restricted Source Rules. In addition to the gift limits, prohibitions, and reporting requirements imposed by the Political Reform Act and this Code and any subsequent amendments thereto, the following shall be prohibited:

(1) No City officer or employee may solicit, coordinate, facilitate, or accept, any gift for themselves or for any other City officer or employee from a person who the officer or employee knows or has reason to know is a restricted source for themselves or for the recipient of the gift.

(2) No City officer or employee may solicit or accept a gift from any person, including any gift obtained through a City department, if the officer or employee knows or has reason to know that the gift was funded, provided, or directed by a restricted source.

(3) No City officer or employee may solicit or accept any gift from a restricted source for any of their family members.

(4) No lobbyist or permit consultant may offer or make a gift to any officer or employee, or any of the officer’s or employee’s family members, nor direct the offer or making of any gift by any other person, if the lobbyist or permit consultant knows or has reason to know that they are a restricted source for the officer or employee. For purposes of this subsection (b)(4), a person who is required to register as a lobbyist or permit consultant and file disclosures but fails to do so shall be considered a restricted source for any official for whom, had the person properly registered and file disclosures, the person would be considered a restricted source.

(5) No lobbyist or permit consultant may make a payment to an intermediary, including any City department, if the lobbyist or permit consultant knows or has reason to know that the intermediary will use the payment to provide a gift to any City officers or employees and that they are a restricted source for the officers or employees.

(6) No person may accept or use a payment on condition or with the agreement or mutual understanding that the payment will be used for a gift to an officer or employee, if the person knows or has reason to know that the source of the payment is a restricted source for the officer or employee.

(7) Regulations. The Ethics Commission may issue regulations implementing this Section 3.216, including regulations exempting certain gifts.

(c) Gifts and Loans from Subordinates. No officer or employee shall solicit or accept any gift or loan, either directly or indirectly, from any subordinate or employee under their supervision or from any candidate or applicant for a position as a subordinate or employee under their supervision. The Ethics Commission may issue regulations implementing this Section 3.216, including regulations exempting certain gifts that are given under circumstances in which gifts are traditionally given or exchanged.

(d) Gifts of Travel.

(1) Gifts to Elected Officers. In addi- tion to the gift limits and reporting requirements imposed by the Political Reform Act and this Code, no elected officer may accept a gift of transportation, lodging, or subsistence for any out-of-state trip paid for in part by an individual or entity other than the City and County of San Francisco, another governmental body, or a bona fide educational institution, defined in Section 203 of the Revenue and Taxation Code, unless the officer has first disclosed on a form filed with the Ethics Commission:

(A) the name of the individual or entity and the total amount that will be paid by the individual or entity to fund the trip, including but not limited to the amount directly related to the cost of the elected officer’s transportation, lodging, and subsistence;

(B) the name, occupation and em- ployer of any contributor who has contributed more than $500 to the individual or entity funding the trip and whose contributions were used in whole or in part to fund the trip;

(C) a description of the purpose of the trip and the itinerary; and

(D) the name of any individual accompanying the official on the trip who is:

(i) a City employee required to file a Statement of Economic Interests,

(ii) a lobbyist or campaign consultant registered with the Ethics Commission,

(iii) an employee of or individual who has any ownership interest in a lobbyist or campaign consultant registered with the Ethics Commission, or

(iv) the individual funding the trip, or an employee or officer of the entity funding the trip.

(2) Reimbursement of Gifts of Trav- el. In addition to any other reporting requirements imposed by the Political Reform Act or local law, an elected officer who reimburses an individual or entity for a gift of transportation, lodging or subsistence related to out-of-state travel and thereby avoids having received or accepted the gift shall file a form with the Ethics Commission within 30 days of such reimbursement disclosing:

(A) the name of the individual or entity that originally paid for the transportation, lodging or subsistence;

(B) the amount paid by the individ- ual or entity for the elected officer’s transporta- tion, lodging or subsistence;

(C) the amount reimbursed by the elected officer to the individual or entity and the process used to determine that amount; and

(D) a description of the purpose of the trip and the itinerary.

(3) Format. The Ethics Commission shall provide forms for the disclosure required by this subsection and shall make the completed forms available on its website.

(4) Definition. For the purpose of this subsection, the term “elected officer” means the Mayor, member of the Board of Supervisors, City Attorney, District Attorney, Public Defender, Assessor, Treasurer, and Sheriff.

(e) Restrictions. Nothing in this section 3.216 shall prohibit a City department, agency, board, or commission from imposing additional gift restrictions on its officers or employees.

(f) Aggregation of Gifts. For purposes of this Section 3.216, gifts shall be aggregated as set forth in California Code of Regulations, Title 2, Section 18945.1, as amended from time to time.