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The health, safety, and well-being of San Francisco's communities depend on ensuring that people with arrest or conviction records have opportunities to effectively reintegrate into the community. The findings in Police Code Section 4902 provide many of the reasons why it is critical for the City to take steps to facilitate that reintegration. One dimension of this reintegration process is to remove arbitrary roadblocks to participation in City government.
To that end, this Article XII provides that the City and County of San Francisco cannot, except in appropriate circumstances, remove people from certain City boards, commissions, and other bodies or reject applicants seeking appointment to such boards, commissions, and other bodies, based on the members' or applicants' criminal history. In this way, the policies that the City applies to its appointment process for these boards, commissions, and other bodies will substantially mirror the policies that apply to private employers and housing providers under Police Code Article 49.
(Added by Ord. 34-16, File No. 150902, App. 3/25/2016, Eff. 4/24/2016)
(a) As used in this Article XII, the terms "Arrest," "Background Check Report," "City," "Conviction History," "Evidence of Rehabilitation or Other Mitigating Factors," "Inquire," and "Unresolved Arrest" shall have the meanings set forth in Police Code Section 4903.
(b) As used in this Article XII, the following terms have the following meanings:
"
Adverse Action
" shall mean a decision to not nominate or appoint a person as a member of a Board Policy Body or to remove a person as a member of such a body.
"
Applicant
" shall mean a person seeking nomination or appointment to a Board Policy Body.
"
Conviction
" shall mean a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor; provided that the conviction is one for which the person has been placed on probation, fined, imprisoned, or paroled.
"
Directly-Related Conviction
" shall mean that the conduct for which an Applicant or Member was convicted or that is the subject of an Unresolved Arrest has a direct and specific negative bearing on that Applicant or Member's ability to perform the duties or responsibilities of the Board Policy Body or is directly related to matters that the Board Policy Body may consider.
"
Member
" shall mean a person serving as a member of a Board Policy Body.
"
Board Policy Body
" shall mean a board, commission, committee, task force, or other body, created by a resolution or ordinance adopted by the Board of Supervisors, that is responsible for exercising the sovereign powers of the City or for advising City employees, officers, departments, boards, or commissions. "Board Policy Body" shall include a committee, task force, or other body of a Board Policy Body. "Board Policy Body" shall not include boards, commissions, committees, task forces, or other bodies created by the Charter or created by an initiative ordinance that specifies the qualifications for appointments to the body.
(Added by Ord. 34-16, File No. 150902, App. 3/25/2016, Eff. 4/24/2016)
(a) Regarding appointment to or removal from positions on Board Policy Bodies, City employees and officers shall not, at any time or by any means, inquire about, require disclosure of, or if such information is received base an Adverse Action in whole or in part on:
(1) An Arrest not leading to a Conviction, excepting an Unresolved Arrest under circumstances identified in this Section 16.502;
(2) Participation in or completion of a diversion or a deferral of judgment program;
(3) A Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative, by way of example but not limitation, under California Penal Code sections 1203.4, 1203.4a, or 1203.41;
(4) A Conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the juvenile justice system;
(5) A Conviction that is more than seven years old, the date of Conviction being the date of sentencing; or
(6) Information pertaining to an offense other than a felony or misdemeanor, such as an infraction.
Accordingly, the matters identified in this subsection (a) may not be considered in any manner by a City employee or officer in making a decision regarding appointment to or removal from positions on Board Policy Bodies.
(b) No City employee or officer shall require Applicants to disclose on any application for membership on a Board Policy Body the facts or details of any Conviction History, any Unresolved Arrest, or any matter identified in subsections (a)(1)-(6). Nor shall any City employee or officer inquire on any application for membership on a Board Policy Body about the facts or details of any Conviction History, any Unresolved Arrest, or any matter identified in subsections (a)(1)-(6). A City employee or officer may ask on an application for membership on a Board Policy Body for an Applicant or Member's written consent for a Background Check so long as the application includes a clear and conspicuous statement that the City will not itself conduct or obtain from a third party the Background Check until either after the first live interview with the person, after the first public hearing regarding the person's potential appointment, or after conditional offer of appointment in accordance with subsection (c) of this Section 16.502.
(c) No City employee or officer shall require Applicants for membership on a Policy Body to disclose, and shall not inquire into or discuss, their Conviction History or an Unresolved Arrest until either after the first live interview with the person (via telephone, videoconferencing, use of other technology, or in person), after the first public hearing regarding the person's potential appointment, or, at the City's discretion, after a conditional offer of appointment. The City may not itself conduct or obtain from a third party a Background Check until either after the first live interview with the person, after the first public hearing regarding the person's potential appointment, or after a conditional offer of appointment.
(d) Prior to any Conviction History inquiry, the City shall provide notice to the Applicant or Member that substantially conforms to the notice requirement described in Police Code Section 4905(b).
(e) Prior to obtaining a copy of a Background Check Report, the City shall comply with all state and federal requirements including but not limited to those in the California Investigative Consumer Reporting Agencies Act (ICRAA), California Civil Code sections 1786 et seq., and the Federal Consumer Reporting Act (FCRA), 15 United States Code sections 1681 et seq., to provide notice to the Applicant or Member that such a report is being sought.
(f) In making a decision based on an Applicant or Member's Conviction History, a City employee or officer shall conduct an individualized assessment, considering only Directly-Related Convictions, the time that has elapsed since the Conviction or Unresolved Arrest, and any evidence of inaccuracy or Evidence of Rehabilitation or Other Mitigating Factors.
(g) If a City employee or officer intends to base an Adverse Action on an item or items in the Applicant or Member's Conviction History, the City employee or officer shall provide the Applicant or Member with a copy of the Background Check Report, if any, and shall notify the Applicant or Member of the prospective Adverse Action and the items forming the basis for the prospective Adverse Action.
(h) City employees and officers shall not engage in any communication that is intended and reasonably likely to reach persons who are reasonably likely to seek appointment to a Board Policy Body, and that expresses, directly or indirectly, that any person with an Arrest or Conviction will not be considered or may not apply for membership on a Board Policy Body.
(i) References in this Section 16.502 to "City officers and employees" shall be understood to include members of Board Policy Bodies when considering appointment of persons to, and removal of members from, a committee, task force, or other body of a Board Policy Body.
(Added by Ord. 34-16, File No. 150902, App. 3/25/2016, Eff. 4/24/2016)
Purpose. | |
Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board to Order Elections. | |
Dates of Election. | |
Notice to Members and Retired Members; Nomination of Members and Retired Members. | |
Candidate Intention Statements. | |
Candidate Disclosure Requirements. | |
Notice to Department of Elections or Contractor. | |
Notice to Departments; Appointment of Election Officers. | |
Instructions to Election Officers. | |
Delivery of Ballots and Names of Eligible Voters to Department of Elections or Contractor. | |
Ballots to Contain Instructions for Voting. | |
Ballots to be Placed in Addressed Envelopes; Extra Ballots. | |
Delivery of Ballots and Instructions to Election Officers. | |
Duties of Election Officers. | |
Counting of Ballots and Certification of New Trustee. | |
Change in Status for Elected Retiree Health Care Trust Fund Board Members. | |
Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board to Reimburse Department of Elections. | |
Giving, Receiving Anything of Value in Consideration of Voting Prohibited. | |
(a) The Charter of the City and County of San Francisco provides that the trustees of the Retirement Board, who are entrusted with the administration of the San Francisco City and County Employees’ Retirement System (“Retirement System”), shall include three trustees elected from the active and retired members of the Retirement System. As used in this Article XIII, a retired member of the Retirement System shall mean a person who is in receipt of a retirement allowance relating to his or her membership in the Retirement System.
(b) The Charter of the City and County of San Francisco provides that the trustees of the Health Service Board, who are entrusted with the administration of the San Francisco City and County Employees’ Health Service System (“Health Service System”), shall include four trustees elected from the active and retired members of the Health Service System. For the purposes of a Health Service System election, a retired member of the Health Service System shall mean a person who is a member of the Health Service System retired under the Retirement System, State Teachers Retirement System (“STRS”), Public Employees Retirement System (“PERS”), and the surviving spouse of an active employee and the surviving spouse of a retired employee, provided that the surviving spouse and the active or retired employee have been married for a period of at least one year prior to the death of the active or retired employee.
(c) The Charter of the City and County of San Francisco provides that the trustees of the Retiree Health Care Trust Fund, who are entrusted with providing a funding source to defray the cost of the City’s and Participating Employers’ obligations to pay for health coverage for retired persons and their survivors entitled to health care coverage under Charter Section A8.428, shall include two trustees elected from active employees and retired members of the Health Service System. One of the elected trustees shall be an active City or Participating Employer employee member and one shall be a retired City or Participating Employer member as of the date of their respective elections. For the purposes of a Retiree Health Care Trust Fund election, an active member of the Health Service System shall mean an active City employee or active employee of a Participating Employer. For the purposes of a Retiree Health Care Trust Fund election, a retired member of the Health Service System shall mean a person who retired from City employment, or from a Participating Employer, and who is a member of the Health Service System retired under the Retirement System, STRS, or PERS, and the surviving spouse or domestic partner of an active employee and the surviving spouse or domestic partner of a retired employee, provided that the surviving spouse or domestic partner and the active or retired employee have been married for a period of at least one year prior to the death of the active or retired employee. As used in this section, Participating Employer means the San Francisco Unified School District and the San Francisco Community College District, following a resolution by these employers’ respective governing boards to participate in the Retiree Health Care Trust Fund.
(d) Retirement System and Health Service System members have an interest in knowing who has spent significant amounts of money to support or oppose candidates for the Retirement Board, the Health Service Board, and the Retiree Health Care Trust Fund Board. In selecting a candidate to represent their interests on these bodies, members will benefit from increased transparency in the election process. Information about the persons or entities who are spending significant funds in support of particular candidates will provide valuable information that will aid members’ voting decisions.
(f) Whenever the term of office of such an elected trustee expires or whenever a vacancy occurs in such an office so that an election is necessary to fill a present or expected vacancy, the following provisions shall govern the election procedure.
(Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
If a vacancy occurs, or will occur, in the office of an elected trustee prior to the date that the term of that office expires, the Retirement Board, Health Service Board or Retiree Health Trust Fund Board shall order a special election to fill the vacancy for the unexpired portion of the term of office, unless another election to a Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board office is scheduled to be completed within six months after the vacancy has, or shall, occur, in which case the elections shall be combined; provided, however, that a separate special election shall be required if the election which has already been scheduled will occur too soon to nominate and select candidates for the more recent vacancy. Whenever the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board orders an election, the respective Board shall specify whether the Department of Elections or an unbiased independent contractor (“Contractor”) shall conduct the election. Special elections may be held on an expedited basis as determined by the Department of Elections. The first Retiree Health Care Trust Fund Board election shall be a special election conducted by the Department of Elections.
(Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
Whenever an election is necessary, either at the completion of a term of office or to fill an unexpired term of office, the Retirement Board, Health Service Board or Retiree Health Trust Fund Board shall specify the dates during which ballots may be marked and delivered. However, the dates designated by the Retirement Board, Health Service Board or Retiree Health Trust Fund Board shall not be within one month before or after an election which has been otherwise scheduled and which involves residents of the City and County of San Francisco as electors, unless the Department of Elections agrees to the dates.
(Added by Ord. 512-80, App. 10/29/80; amended by Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008)
The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall thereafter notify the members of the Retirement System or Health Service System respectively of the following:
(a) The necessity for an election;
(b) The procedure for nomination and selection of candidates to serve on the Board;
(d) The dates that ballots may be marked and delivered and the procedure for voting.
The period of time during which nominations may be made shall be set by the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board, but in no event shall be less than 31 days. Any person nominated to serve as a trustee of the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall, on forms provided by the respective Board for this purpose, and by the date set by the respective Board, verify acceptance of the nomination and agree to serve if elected before he or she may be listed as a candidate.
In any election for membership on the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board, when only one candidate has filed nomination papers, the Department of Elections or Contractor shall not conduct an election and shall declare the sole candidate to be a member of the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board.
(Added by Ord. 512-80, App. 10/29/80; amended by Ord. 287-94, App. 8/4/94; Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
Candidates seeking election to the Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall file with the Ethics Commission, signed under penalty of perjury, a candidate intention statement in a manner specified, and on a form provided, by the Ethics Commission.
(Added by Ord. 285-08, File No. 081190, App. 12/5/2008; amended by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
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