CHAPTER 91:
LANGUAGE ACCESS

Sec. 91.1.	Purpose and Findings.
Sec. 91.2.	Definitions.
Sec. 91.3.	Scope.
Sec. 91.4.	Utilization of Bilingual Employees.
Sec. 91.5.	Translation of Materials, Signage and Digital Content.
Sec. 91.6.	Dissemination of Translated Materials from the State and Federal Government.
Sec. 91.7.	Public Meetings and Hearings.
Sec. 91.8.	Recorded Telephonic Messages.
Sec. 91.9.	Crisis Situations.
Sec. 91.10.	Complaint Procedure.
Sec. 91.11.	Annual Compliance Report.
Sec. 91.12.	Annual Compliance Reports Submittals, Language Access Ordinance Summary Report, and Recommendations for Emerging Language Populations.
Sec. 91.13.	Recruitment.
Sec. 91.14.	Department Responsibilities.
Sec. 91.15.	Commission Responsibilities.
Sec. 91.16.	Office of Civic Engagement and Immigrant Affairs' Responsibilities.
Sec. 91.17.	Rules and Regulations.
Sec. 91.18.	Enforcement.
Sec. 91.19.	Disclaimers.

 

SEC. 91.1. PURPOSE AND FINDINGS.

   (a)   Title. This Chapter 91 shall be known as the "Language Access Ordinance."

   (b)   Findings.

      (1)   The City and County of San Francisco (“the City”) seeks to ensure a safe, inclusive, and equitable environment where every person, regardless of immigration status or language spoken can readily access information about City services and programs.

      (2)   San Francisco provides an array of services and information that can be made accessible to persons who are not proficient in the English language, or for whom English is not their primary language..1 The City of San Francisco is committed to providing equal access to information about City services and programs by providing language access services, including language interpretation and written translations..1

      (3)   Despite a long history of commitment to language access as embodied in federal, state, and local law, beginning with the landmark Civil Rights Act of 1964, there is a still a significant gap in providing governmental services and programs to Limited English Proficient (“LEP”) P1 .

      (4)   In 1973, the Legislature adopted the Dymally-Alatorre Bilingual Services Act, which required certain state and local agencies to provide language services to LEP Persons whenever they serve a Substantial Number of Non-English Speaking People and to hire a sufficient number of bilingual staff.

      (5)   In 1999, the California State Auditor concluded that some state agencies were not in compliance with the Dymally-Alatorre Bilingual Services Act,;1 therefore, not providing equitable services to people who require bilingual assistance..1

      (6)   In 2001, in response to these findings, the City enacted the Equal Access to Services Ordinance, Ordinance No. 126-01, which required major departments to provide language access services to LEP Persons who comprise 5% or more of the total city population.

      (7)   In 2009, in Ordinance No. 202-09, the City enacted a number of significant changes to the ordinance, renaming it the Language Access Ordinance and assigning roles and responsibilities for implementation and compliance to the Office of Civic Engagement and Immigrant Affairs (“OCEIA”) and the Immigrant Rights Commission. Since amendment of the Language Access Ordinance in 2009, City departments have made significant progress in providing language access services. However, as of 2023, significant gaps remain in language access consistency, quality, budgeting and implementation across departments.

      (8)   The COVID-19 pandemic and health emergency highlighted the barriers to language access services and inequities for many LEP Persons. The pandemic made it clear that City departments must prioritize language access services during health-related emergencies, disaster-related activities, and all other public safety crisis situations. A community-focused approach to language access services ensures that residents can receive information about City programs and services, including public service announcements, to effectively communicate with City agencies, policymakers, and elected officials.

      (9)   Since the Covid-19 pandemic, the City’s use of digital services, web-based content, and on-line mediums for providing information about City programs and services has increased. To meet the needs of City residents, the City’s language access services must also expand to those media to make them accessible to LEP Persons.

      (10)   In 2023, the Legislature amended the Dymally-Alatorre Bilingual Services Act to require translation services in emergency situations, involving an immediate threat of serious harm or mass casualties, including conditions of natural disaster or conditions posing extreme peril to the safety of persons and property. The Legislature’s amendments were in response to critical incidents that severely impacted communities. In January 2023, mass shootings in Half Moon Bay and Monterey Park impacted communities of color where English was not the primary language spoken and concerns were raised as to whether vital information was being effectively communicated. In March 2023, the broken levee in Monterey County flooded the entire town of Pajaro and forced more than 2,000 people to evacuate. Various news media documented the local agencies’ failure to provide language services to communicate vital information on safety and access to recovery with impacted communities. The Legislature’s amendments expanded the Act’s application to cover all languages spoken jointly by 5% or more of the population whenever 5% of those affected also speak English less than “very well.”

      (11)   Despite the City’s progress in providing language access services, as of 2024 there are still gaps in language services affecting the City’s ability to serve all of its residents and provide timely access to information to enable full participation in City services and programs.

      (12)   The United States Census Bureau’s 2018 - 2022 American Community Survey reveals that 33.9% of San Franciscans are foreign-born and 42.9% over the age of five can speak a language other than English at home.

      (13)   Historically, the City has offered language access services in three languages 1 Chinese, Spanish and Filipino. According to the 2018-2022 ACS, 18.9% of the total City population who self-identify as LEP Persons, 56.4% are Chinese speakers, 20.3% are Spanish speakers, 5% are Filipino speakers, 4.4% are Vietnamese speakers, and 3.16% are Russian speakers.

      (14)   While the City remains a national leader in language access, much remains to be done to continue fighting for full inclusion of our LEP community. The City must continue to make every effort to ensure City departments comply with the Language Access Ordinance and removes barriers to participation in City processes by increasing bilingual staffing levels and language services budgets; improving accessibility through continued digital and telephonic language services; and increasing language services planning and coordination for public health crises, disasters, and emergencies.

(Added by Ord. 126-01, File No. 010409, App. 6/15/2001; amended by Ord. 202-09, File No. 090461, App. 8/28/2009; Ord. 27-15 , File No. 141149, App. 3/12/2015, Eff. 4/11/2015; Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

CODIFICATION NOTE

1.   So in Ord. 116-24.

SEC. 91.2. DEFINITIONS.

   As used in this Chapter 91, the following capitalized terms shall have the following meanings:

   “Advisory Body” shall mean a body other than a City Board or City Commission that is created by ordinance for the purpose of providing policy advice to the Board of Supervisors, the Mayor, or City Departments.

   “Annual Compliance Report” is set forth in Section 91.11 of this Chapter.

   “Bilingual Employee” shall mean a City employee who is fluent in both English and a second language and who is able to conduct the department’s business in both languages. A bilingual employee shall include a City employee who (i) is in a classification that provides information or direct services to the public requiring language proficiency in English and a second language; or (ii) is either a certified interpreter or translator by the Department of Human Resources or accredited training or academic institution; or (iii) receives premium pay and regularly uses the second language in their city employment; or (iv) is self-designated as competent in a second language for purposes of sporadic translation services.

   “City” shall mean the City and County of San Francisco.

   “City Boards” shall mean all boards listed in Campaign and Governmental Conduct Code Section 3.1-103(a)(1), as amended from time to time.

   “City Commissions” shall mean all commissions listed in Campaign and Governmental Conduct Code Section 3.1-103(a)(1), as amended from time to time.

   “Commission” shall mean the Immigrant Rights Commission.

   “Department” shall mean any City department, agency, or office with a service or program that provides information or services directly to the public, or interacts with the public.

   “Department’s Service or Program” shall mean anything a Department, agency,1 provides that involves direct services to the public as part of ongoing operations and those direct services administered by the Department for program beneficiaries and participants. Activities include, but are not limited to, information provided to or communication with the public, spaces or department facilities used by the public, and programs that provide Direct Services to the Public.

   “Direct Services to the Public” shall mean any service that requires City employees to provide responses to inquiries about official documents, licenses, financial matters, and benefits that are related to the public’s health, safety, and general welfare.

   “Districts” shall refer to the 11 geographical districts by which the people of the City elect the members of the Board of Supervisors.

   “Emerging Language Population” shall mean any new or smaller language population that is at at1 least 2.5% of persons who share a primary language other than English, or for whom there are identified language access needs.

   “First Responders” shall mean all City Departments that respond to crisis situations as set forth in Section 91.9.

   “Interpretation” means a live service that communicates information from one language into another language that is provided in the moment through oral or gestured means. The live service may be provided either through simultaneous or consecutive interpretation of the original speech.

   “Language Access Services” shall mean translation and interpretation of oral or spoken information that is accessible and enables communication with persons for whom English is not their primary language or for persons who have a greater capacity for speaking or writing a language other than English. This may also include, interpretation of communications provided through oral, video, remote, or telephonic mediums.

   “Limited English Proficient Person” or “LEP Person” shall mean an individual who does not speak speak,1 read, understand, or communicate English, is otherwise unable to communicate effectively in English because English is not the individual’s primary language or prefers to conduct the interaction in their native language..1

   “OCEIA” shall mean the Office of Civic Engagement and Immigrant Affairs or any successor agency.

   “Public Contact or Public Information Position” shall mean a position, a primary job responsibility of which consists of meeting, contacting, and dealing with the public in the performance of the duties of that position.

   “Public Service Announcement” means vital information to the public about the Department’s services or programs.

   “Required languages” shall mean Language Access Services in Chinese, Spanish, Filipino, and any other language for which the requisite number of persons qualifies as a Substantial Number of Limited English Proficient Persons.

   “Substantial Number of Limited English Proficient Persons” shall mean, prior to January 1, 2026, 10,000 City residents with limited English proficiency who speak a shared language other than English. The City will provide Language Access Services to a Substantial Number of Limited English Proficient Persons. OCEIA shall determine annually whether at least 10,000 LEP Persons speak a shared language other than English in order that their shared language will render them eligible for Language Access Services in that language. OCEIA shall make this determination by referring to the best available data from the United States Census Bureau or other reliable source and shall certify its determination to Departments and the Commission no later than January 31 of each year or an annual date as determined by OCEIA. Prior to certifying any new language as set forth in this definition, OCEIA shall comply with the provisions in Section 91.16(d). Starting January 1, 2026, the number 6,000 shall replace the number 10,000 as the annual threshold amount in this definition.

   “Translation” means any written communication of information from one language into another language.

(Added by Ord. 126-01, File No. 010409, App. 6/15/2001; amended by Ord. 187-04, File No. 040759, App. 7/22/2004; Ord. 202-09, File No. 090461, App. 8/28/2009; Ord. 27-15 , File No. 141149, App. 3/12/2015, Eff. 4/11/2015 ; Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

CODIFICATION NOTE

1.   So in Ord. 116-24