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Each Election Officer shall:
(a) Prior to the date that ballots are delivered, inform the department or employee responsible for distributing paychecks to employees of the department of the dates during which ballots are to be distributed to employees and of the responsibility of the Payroll Department to make arrangements to distribute a ballot by a date that will allow each voter at least three days to mark and deliver the ballot;
(b) Upon receipt of the ballots, coordinate his or her efforts and those of the Payroll Department to insure that the ballots are ready to be distributed by a date that will allow each voter at least three days to mark and deliver the ballot;
(c) Provide notice to employees who are in the Retirement System or Health Service System but would not be likely to receive ballots, such as employees on the temporary payroll, that ballots are available;
(d) Provide ballots to employees pursuant to the procedure established by the Department of Elections or Contractor;
(e) Establish and maintain a collection procedure so that employees have a convenient method of returning ballots, which method shall, where possible, make use of at least one container in which ballots can be placed; and
(f) Return the ballots which have been received or otherwise collected according to the collection procedure established by such officer to the Department of Elections or Contractor, either personally or by the inter-office mail system, in a timely manner so that the ballots will be delivered to the Department of Elections or Contractor by the date established by the Retirement Board, the Health Service Board or Retiree Health Care Trust Fund Board as the final date for such delivery.
(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)
(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by Ord. 512-80, App. 10/29/80; amended by Ord. 378-95, App. 12/7/95; Ord. 285-08, File No. 081190, App. 12/5/2008; repealed by Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
(a) The Department of Elections or Contractor shall thereafter count the ballots in such a manner that the identity of the individual casting any particular ballot will not be disclosed. Each ballot shall be counted so long as it has been properly marked, signed and delivered. The Department of Elections or Contractor shall certify the new Health Service Board or Retiree Health Care Trust Fund Board trustee.
(b) Within five days of the close of voting and prior to certification, the Retiree Health Care Trust Fund Board secretary shall attest to the Department of Elections or Contractor that there is one retired member trustee and one active member trustee candidate to fill the two elected Retiree Health Care Trust Fund Board trustee positions. For purposes of Retiree Health Care Trust Fund Board elections, the date of the election shall be the day the election is certified by the Department of Elections or Contractor. In the event that the active member candidate with the highest number of votes is no longer an active member on the day the election is certified, the Department of Elections or Contractor shall certify the active member candidate with the next highest number of votes. In the event that the retired member candidate with the highest number of votes is no longer a retired member on the day the election is certified, the Department of Elections or Contractor shall certify the retired member candidate with the next highest number of votes.
(c) Within five days of the close of voting and prior to certification, the Executive Director of the Retirement System shall attest to the Department of Elections or Contractor whether there is a retired member serving as trustee on the Retirement Board:
(1) If, at that time, there is no retired member serving as trustee, the Department of Elections or Contractor shall certify the individual receiving the highest number of votes as the newly elected trustee of the Retirement Board.
(2) If, at that time, there is a retired member serving as trustee, the Department of Elections or Contractor shall certify the member (not a retired member) receiving the highest number of votes as the newly elected trustee of the Retirement Board.
Where there is no vacancy, the Department of Elections or Contractor shall certify the new Retirement Board trustee as close to the expiration of the term as reasonably possible.
(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)
(a) If, after a Retiree Health Care Trust Fund Board election has been certified by the Department of Elections or the Contractor, the active Retiree Health Care Trust Fund Board member retires, then that Board member’s seat shall be deemed vacant and shall remain vacant until the Board can hold a special election under Section 16.551.
(b) If, after a Retiree Health Care Trust Fund Board election has been certified by the Department of Elections or the Contractor, the retired Retiree Health Care Trust Fund Board member returns to active status, then that Board member’s seat shall be deemed vacant and shall remain vacant until the Board can hold a special election under Section 16.551.
(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)
The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall reimburse the Department of Elections for the actual expenses incurred by it in conducting Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board elections respectively. The Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board shall pay all Contractor expenses when the respective Board specifies that a Contractor conduct a Retirement Board, Health Service Board or Retiree Health Care Trust Fund Board election.
(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; Ord. 212-18, File No. 170738, App. 9/14/2018, Eff. 10/15/2018)
(a) No person shall directly or through any other person pay, lend, or contribute or offer or promise to pay, lend, or contribute, any money or other valuable consideration to or for any voter or to or for any other person to:
(1) Induce any person to:
(A) Vote at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election;
(B) Refrain from voting at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election;
(C) Vote or refrain from voting at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election for or against any particular person or measure; or
(2) Reward any person for having:
(A) Voted at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election;
(B) Refrained from voting at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; or
(C) Voted or refrained from voting at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election for or against any particular person or measure.
(b) No person may directly or through any other person solicit, accept, receive, agree to accept, or contract for, before, during or after a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or herself or any other person because he or she or any other person:
(1) Voted or agreed to vote at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election;
(2) Refrained or agreed to refrain from voting at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election;
(3) Voted, agreed to vote, refrained from voting, or agreed to refrain from voting for or against any particular person or measure at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; or
(4) Induced any other person to:
(A) Vote or agree to vote at any Retirement Board, Health Service Board or Retiree Health Trust Fund Board election;
(B) Refrain from voting or agree to refrain from voting at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election; or
(C) Vote, agree to vote, refrain from voting, or agree to refrain from voting for or against any particular person or measure at a Retirement Board, Health Service Board or Retiree Health Trust Fund Board election.
(c) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon a final judgment of conviction of same, shall be removed from office and may also be subject to a penalty of not more than six months in jail and/or fine of not more than $1,000, as well as removal.
(d) "Person" means an individual, partnership, corporation, association, firm or other organization or entity, however organized.
(e) Nothing in this section shall prohibit the following:
(1) Making an expenditure for, offering, providing, accepting or receiving transportation to or from the polls; or
(2) Making an expenditure for, organizing or attending a gathering providing complementary food, beverages and/or entertainment, provided that no valuable consideration is offered, promised, solicited, accepted or received in consideration of the conduct described in subsection (a); or
(3) Making expenditures for the organization and conduct of get-out-the-vote rallies.
(f) Pursuant to the procedures set forth in San Francisco Charter Sections 15.102 and C3.699-10 et seq., the Ethics Commission shall adopt regulations consistent with this Section for the purpose of implementing this Section while avoiding any application that would prohibit conduct protected by the United States Constitution or the California Constitution.
(Added by Ord. 285-08, File No. 081190, App. 12/5/2008)
Participation. | |
Eligibility for Employer Contributions. | |
Health Service; Board Composition. | |
Remedying Discrimination Against Employees in Same-Sex Marriages or in Same-Sex Domestic Partnerships. |
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Publisher's Note: This section has been AMENDED by new legislation (Proposition N, adopted 11/8/2022, effective 12/23/2023, oper. conditional (See section 8 of the proposition)). The text of the section will be included below when the new legislation is effective.
The following shall be eligible to participate in the Health Service System:
(a) City and County employees.
(1) All permanent employees of the City and County of San Francisco whose normal work week at the time of inclusion is the system in not less than twenty (20) hours;
(2) All regularly scheduled provisional employees of the City and County of San Francisco whose normal work week at the time of inclusion in the system is not less than twenty (20) hours;
(3) All other employees of the City and County of San Francisco, including "as needed" employees, who have worked one thousand and forty hours (1040) in any consecutive twelve (12) month period and whose normal work week at the time of inclusion in the system is not less than twenty (20) hours.
(b) Elected officials.
(c) All members of the following boards and commissions during their time in service to the City and County of San Francisco:
Access Appeals Commission
Airport Commission
Art Commission
Asian Art Commission
Board of Education
Board of Appeals
Building Inspection Commission
Civil Service Commission
Commission on the Environment
Commission on the Status of Women
Community College District Governing Board
Concourse Authority
Disability and Aging Services Commission
Elections Commission
Entertainment Commission
Ethics Commission
Fine Arts Museums Board of Trustees
Fire Commission
Film Commission
First Five Commission
Health Commission
Health Service Board
Homelessness Oversight Commission
Human Rights Commission
Human Services Commission
Juvenile Probation Commission
Law Library Board of Trustees
Library Commission
Municipal Transportation Agency Board of Directors
Planning Commission
Police Commission
Port Commission
Public Utilities Commission
Public Works Commission
Recreation and Park Commission
Residential Rent Stabilization and Arbitration Board
Retiree Health Care Trust Fund Board
Retirement Board
Sanitation and Streets Commission
Sheriff’s Department Oversight Board
Small Business Commission
Sunshine Ordinance Task Force
War Memorial and Performing Arts Center Board of Trustees
Youth Commission
(d) All officers and employees as determined eligible by the Board of Education of the San Francisco Unified School District.
(e) All officers and employees as determined eligible by the Governing Board of the San Francisco Community College District.
(f) All officers and employees as determined eligible by the governing bodies of the San Francisco Transportation Authority, San Francisco Parking Authority, San Francisco Redevelopment Agency, Treasure Island Development Authority, San Francisco Superior Court and any other em- ployees as determined eligible by ordinance.
(g) All retirees, surviving spouses, surviving domestic partners and resigned employees. For the purposes of this Chapter, resigned employees shall have the same meaning as used in Section A8.425 of the Charter.
(h) All dependents of the foregoing categories as they are determined eligible by the appropriate governing body.
(Amended by Ord. 67-86, App. 3/7/86; Ord. 289-00, File No. 001549, App. 12/22/2000; Ord. 181-04, File No. 040741, App. 7/22/2004; Ord. 46-15
, File No. 131122, App. 4/17/2015, Eff. 5/17/2015; Ord. 11-22, File No. 211100, App. 2/4/2022, Eff. 3/7/2022; Ord. 41-23, File No. 230057, App. 3/28/2023, Eff. 4/28/2023)
The following shall be eligible to receive contributions for participation in the Health Service System as set forth below:
(a) Members of boards and commissions referenced above in Section 16.700(c) and retirees, surviving spouse and domestic partners referenced above in Section 16.700(g), shall receive only the Charter-determined contribution. Members of boards and commissions who were in service on the effective date of this ordinance shall maintain the same types of benefits during their term of service.
(i) Except as may otherwise be required under state or federal law, the surviving spouse or surviving domestic partner of an active employee who is killed in the performance of his or her duty shall continue to receive health benefits under the same terms and conditions provided to the employee prior to the death, or prior to the accident or injury that caused the death.
(b) Employees referenced above in Section 16.700(a), elected officials referenced above in Section 16.700(b), members of the San Francisco Unified School District referenced above in Section 16.700(d) and members of the San Francisco Community College District referenced above in Section 16.700(e) shall receive both the Charter-determined contribution and collectively bargained contributions. Notwithstanding the foregoing, employees referenced above in Section 16.700(a), who are not in active service for more than twelve (12) weeks, shall be required to pay the Health Service System for the full premium cost of membership in the Health Service System, unless the employee shall be on sick leave, workers' compensation, mandatory administrative leave, approved personal leave following family care leave, disciplinary suspensions or on a layoff holdover list where the employee verifies they have no alternative coverage. In accordance with the City's obligations under the Meyers-Milias-Brown Act, the Department of Human Resources shall establish rules and regulations governing whether employees who, after inclusion in the system, work less than twenty (20) hours per week, shall lose eligibility in the system or whether the employee shall be required to make additional contributions to the system.
(c) Dependents of employees referenced above in Section 16.700(a) shall only receive collectively bargained contributions. Dependents of elected officials references above in Section 16.700(b) shall only receive contributions specified by ordinance. Dependents of members referenced above in Sections 16.700(d), (e) and (f) shall only receive the contributions specified by the appropriate governing body. Dependents of board and commission members referenced above in Section 16.700(c) shall receive no contribution. Dependents of retired employees referenced above in Section 16.700(g) shall receive contributions only as provided by the Charter.
(d) Resigned employees referenced above in Section 16.700(g) shall not receive any contribution.
(e) Those subgroups referenced above in Section 16.700(f) shall receive contributions as determined by their respective employers.
(Added by Ord. 48-95, App. 3/10/95; amended by Ord. 289-00, File No. 001549, App. 12/22/2000)
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