Professional Expense Funds
San Diego Municipal Code § 27.2965
in effect§27.2965 Professional Expense Funds
(a) Every elected City Official and every candidate for elective City office shall be permitted to establish and maintain one professional expense committee and one professional expense checking account for the purpose of soliciting, accepting, and spending professional expense funds.
(b) In addition to contributions received in connection with seeking an elective City office, any elected City Official or candidate for elective City office may receive professional expense fund contributions from individuals and may use such contributions solely for the following purposes:
(1) to defray professional fees and costs incurred in the City Official’s or candidate’s response to an audit of their campaign activity conducted by the City of San Diego Ethics Commission, the California Fair Political Practices Commission, or the California Franchise Tax Board; or
(2) to defray professional fees and costs incurred in the City Official’s or candidate’s legal defense to one or more civil, criminal, or administrative proceedings arising directly out of the conduct of an election campaign, the electoral process, or the performance of the City Official's governmental activities and duties.
(c) It is unlawful for any individual to make, or for any elected City Official or candidate to solicit or accept from any individual, professional expense fund contributions totaling more than $500 during a single calendar year in connection with an audit or a civil, criminal, or administrative proceeding identified in the Statement of Organization required by section 27.2966(b). This dollar amount is subject to changes in the Consumer Price Index as described in section 27.2937.
(d) An individual’s contributions to a professional expense committee do not count toward the campaign contribution limits set forth in section 27.2935, and are not subject to the time limits set forth in section 27.2938.
(e) Every individual making a contribution to a professional expense committee shall accompany such contribution with a signed disclosure form indicating whether the individual has a financial interest in any municipal decisions pending before the applicable City Official or candidate. If the individual has such a financial interest, they shall identify the municipal decision and describe the nature of the interest on the disclosure form.
(1) For purposes of this subsection:
(A) a municipal decision is pending before a City Official or candidate if it is reasonably foreseeable that it will be acted on by the City Official or candidate or by any governmental body of which that City Official or candidate is a member;
(B) the term “governmental body” in (e)(1)(A) above means the City Council, any City Council committee, the board of directors of any City agency, and any City Board, commission, committee, or task force; and
(C) an individual has a financial interest in a municipal decision if:
(i) the individual or any member of the individual’s immediate family is a claimant, applicant, respondent, contracting party, or otherwise named as a party to the decision; or
(ii) the individual or any member of the individual’s immediate family holds a managerial level position, or has a 10% or greater ownership interest, in a business entity that is a claimant, applicant, respondent, contracting party, or otherwise named as a party to the decision; or
(iii) the individual or any member of the individual’s immediate family has an ownership interest in real property that is the subject of the decision; or
(iv) it is reasonably foreseeable that the decision will have a direct or substantial financial impact on real property in which the individual or any member of the individual’s immediate family has an ownership interest.
(v) Notwithstanding subsections (e)(1)(C)(i) through (e)(1)(C)(iv), an individual does not have a financial interest in a municipal decision that will have only a nominal, inconsequential, or insignificant financial effect on the individual’s financial interests or those of their immediate family.
(D) An individual who makes an electronic or telephonic contribution to a professional expense committee is deemed to be in compliance with this section if, within one calendar day of making the contribution, the individual provides the signed disclosure form to the committee or deposits it with the U.S. Postal Service or a comparable service for delivery to the committee.
(2) An individual is not required to identify a financial interest in a municipal decision on the disclosure form if both of the following are true:
(A) the individual’s contributions are required to be disclosed by a lobbying firm or organization lobbyist (as both are defined in San Diego Municipal Code section 27.4002) in accordance with San Diego Municipal Code section 27.4017; and
(B) the municipal decision in which the individual has a financial interest has been identified on the most recent registration form or quarterly disclosure report filed by the lobbying firm or organization lobbyist (as both are defined in San Diego Municipal Code section 27.4002).
(3) It is unlawful for a professional expense committee to deposit a contribution from any individual without first obtaining a signed disclosure form from that individual.
(4) Within 10 calendar days of the filing deadline applicable to the campaign statement required by section 29.2967, the professional expense committee shall file with the City Clerk a copy of each disclosure form received during the reporting period pursuant to this subsection.
(f) It is unlawful for a person other than an individual to make a contribution to a professional expense committee. It is unlawful for a City Official or candidate to solicit or accept a contribution for a professional expense committee from any person other than an individual.
(Amended 9-12-2000 by O-18846 N.S.)
(Repealed and added 9-7-2004 by O-19317 N.S.; effective 1-5-2005.)
(Amended 12-5-2005 by O-19448 N.S.; effective 1-11-2006.)
(Retitled and amended 10-27-2008 by O-19795; effective 1-1-2009.)
(Amended 11-27-2012 by O-20227 N.S.; effective 1-1-2013.)
(Amended 2-9-2016 by O-20595 N.S.; effective 3-10-2016.)
(Amended 6-27-2023 by O-21667 N.S.; effective 7-27-2023.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art07Division29.pdf#page=34Fetched: 10/28/2026