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The powers of the City and County, except the powers reserved to the people or delegated to other officials, boards or commissions by the Charter, shall be vested in the Board of Supervisors and shall be exercised as provided in the Charter.
The exercise of all rights and powers of the City and County when not prescribed in the Charter shall be as provided by ordinance or resolution of the Board of Supervisors.
The Supervisors shall determine the maximum number of each class of employment in each of the various departments and offices of the City and County and shall fix rates and schedules of compensation therefor in the manner provided in the Charter.
On the recommendation of the Mayor, the Board of Supervisors may create or abolish departments which are now or may hereafter be placed under the Mayor or under commissions appointed by the Mayor.
The Board of Supervisors may, by ordinance, confer on any officer, board or commission such other and additional powers as the Board may deem advisable.
The Board of Supervisors shall have the powers and duties provided in Charter Section 4.102.
(Added by Ord. 277-96, App. 7/3/96; amended by Ord. 132-99, File No. 990583, App. 5/28/99)
An official badge of metal, being a six-pointed star in design, with a knob at each point thereof, and having the points connected by scroll, and containing in the center an imprint of the seal of the City and County, surrounded with the words "Supervisor San Francisco, Cal.," is hereby approved and adopted.
It shall be unlawful for any person, other than an active member of the Board of Supervisors, to wear or exhibit the badge approved and adopted by this Section for the purpose of misrepresenting a membership upon the Board of Supervisors, which offense shall be punishable upon conviction thereof by a fine of not exceeding $50 or imprisonment for a period of 30 days in the County Jail, or by both such fine and imprisonment.
(Ord. No. 3007 (N.S.), Secs. 1, 2)
(a) Absent a declaration of emergency, the Charter requires members of the Board of Supervisors to be physically present at a meeting in order to be counted towards a quorum and able to conduct the Board’s business. The Charter generally does not allow members of the Board to participate in meetings by teleconferencing.
But the Charter includes a limited exception for teleconferencing authorized as part of a qualifying parental leave policy. Charter Section 2.104 provides, in relevant part, that members of the Board may legally participate in a meeting by teleconferencing or other electronic means as authorized by the Brown Act (Cal. Govt. Code § 54953(b)) “after the Board of Supervisors has adopted an ordinance . . . allowing such participation” as part of a parental leave policy.
Although Charter Section 2.105 provides that “[t]he Board of Supervisors shall meet and transact its business according to rules which it shall adopt,” and the Board generally adopts its rules of order by motion, Charter Section 2.104 specifies that the Board shall act in this instance by ordinance. By adopting this Administrative Code Section 2.3 and implementing its provisions, the Board of Supervisors intends to accept and exercise the authority given to it by the voters in Charter Section 2.104 to permit members of the Board of Supervisors to participate in meetings by teleconferencing pursuant to the terms of a parental leave policy as outlined in this ordinance.
(b) In keeping with Charter Section 2.104, the Board of Supervisors may adopt a parental leave policy by motion to accommodate its members where:
(1) A member is physically unable to fulfill the member’s duties, including attending Board meetings in person, due to the member’s pregnancy, childbirth, or related condition, as certified by a health care provider, or
(2) The member is absent to care for the member’s child after birth of the child, or after placement of the child with the member or the member’s immediate family for adoption or foster care.
(c) The parental leave policy may include the following provisions:
(1) Members meeting the eligibility requirements of subsection (b)(1), above, shall be allowed to take parental leave for 32 weeks, or until the member no longer meets the eligibility requirements. Members meeting the eligibility requirements of subsection (b)(2), above, shall be allowed to take parental leave for 16 weeks, or until the member no longer meets the eligibility requirements.
(2) Members shall be excused from attending and participating in meetings of the Board or its committees, whether in-person or by teleconferencing, while on parental leave.
(3) Members may attend and participate in meetings of the Board or its committees by teleconferencing while on parental leave, as further provided in subsection (d), below.
(4) The Board may include other provisions in its parental leave policy not in conflict with this Section 2.3.
(d) The Board of Supervisors’ parental leave policy may authorize a member to attend and participate by teleconferencing while that member is on parental leave pursuant to the Board’s parental leave policy. “Teleconference” shall mean a meeting of the Board or its committees, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(1) Participation by teleconferencing pursuant to such policy shall satisfy all otherwise applicable requirements of City law regarding quorum numbers and the number of votes required to take particular actions.
(2) Members participating by teleconferencing pursuant to such policy shall comply with all otherwise applicable State and City laws regarding public meetings and public records.
(e) The Board of Supervisors may include its parental leave policy in the Board’s Rules of Order, and may provide a copy to all Board staff and newly-elected or newly-appointed Board members.
(f) A member on an approved parental leave shall maintain Health Service System benefits as provided in Administrative Code Section 16.700.
(Added by Ord. 156-21, File No. 210586, App. 10/8/2021, Eff. 11/8/2021)
The Board of Supervisors shall, by resolution, in every case in which the City and County is concerned, determine the policy to be pursued before the State of California Public Utilities Commission; and the Board of Supervisors shall immediately thereafter inform the rate expert of the City Attorney's office with respect to its desires. No action shall be taken without such resolution.
(Res. No. 8150 (1939))
Whenever in accordance with the provisions of the Charter, any officer, board or commission of the City and County submits a proposed lease or agreement for concession privileges to be operated in or upon any property or facility of the City and County to the Board of Supervisors for its approval or disapproval, except where the Board of Supervisors finds that the bidding procedures or insurance requirements are impractical or impossible, it shall be the policy of said board (1) to approve only such proposals as have been awarded to the highest responsible bidder in accordance with competitive bidding procedures, and (2) to approve only such leases as require the lessee to provide appropriate insurance naming the City as an additional insured in a form and amount approved by the Office of Risk Management.
(Amended by Ord. 479-81, App. 9/21/81; amended by Ord. 132-99, File No. 990583, App. 5/28/99)
It is the policy of the Board of Supervisors that language assistance and services shall be provided as required by the Sunshine Ordinance (Administrative Code Chapter 67) and the Language Access Ordinance (Administrative Code Chapter 91). The Clerk of the Board shall take into account the need for language assistance and services in developing the budget of the Board of Supervisors for future fiscal years.
(Added by Ord. 352-84, App. 8/8/84; amended by Ord. 132-99, File No. 990583, App. 5/28/99; Ord. 131-15
, File No. 150626, App. 7/30/2015, Eff. 8/29/2015)
Editor's Note:
Former divisions (b), (c), and (d) of this section expired pursuant to their express terms on August 1, 2016. At the direction of the City Attorney's Office, the editor deleted those divisions from the Code (and removed the designation from remaining division (a)). See Ord. 131-15.
Former divisions (b), (c), and (d) of this section expired pursuant to their express terms on August 1, 2016. At the direction of the City Attorney's Office, the editor deleted those divisions from the Code (and removed the designation from remaining division (a)). See Ord. 131-15.
Whenever any ordinance or resolution is introduced, the Clerk of the Board of Supervisors shall refer the ordinance or resolution to the Budget Analyst of the Board of Supervisors to review and to determine and inform the Board of Supervisors whether the legislation would have a fiscal impact. This Section shall not apply to the following types of legislation: Ballot measures and ballot arguments; Charter amendments; employee memoranda of understanding; salary standardization ordinances; interim zoning controls; landmark issues; land use issues; litigation settlements. The Budget Analyst, within three days of the receipt of the introduced legislation, shall determine whether the legislation would have fiscal impact, and shall notify the Clerk of the Board if the legislation has a fiscal impact. The Clerk shall identify in the Board's file, and on all Board and committee calendars, which items have fiscal impact, as determined by this Section.
"Fiscal impact" is defined for the purposes of this Section to be an expenditure or commitment of City funds in any fiscal year in excess of $200,000, or a total expenditure or commitment of City funds in excess of $1,000,000 over a five-year period.
For the purposes of this Section, "fiscal impact" shall include, but not be limited to, any of the following which result in a fiscal impact in excess of $200,000 in any fiscal year or in excess of $1,000,000 over a five-year period.
(1) Appropriation of funds or release of reserved funds;
(2) Increased or substantial expenditure of funds by: (a) imposing new responsibilities on the City or (b) imposing new or additional duties on a City department, agency, board, person or business having a contract with the City, or commission or (c) expanding any City program, function or responsibility;
(3) Substantial loss of revenue to the City's General Fund or any special fund created by ordinance or Charter;
(4) Substantial reduction of expenditures of City money by reducing, transferring, or eliminating any existing services or functions of any City department.
The sponsor or sponsors of legislation having a fiscal impact as determined under the provisions of this Section shall make every effort to identify the funding source for the proposed legislation.
When legislation has been assigned to a nonfiscal committee of the Board and it has been determined that the legislation has a fiscal impact as defined in this Section, and the nonfiscal committee wishes the legislation to be further considered by the Board of Supervisors, then the nonfiscal committee shall refer, and the Clerk of the Board shall schedule, the legislation for review and consideration by the fiscal committee of the Board of Supervisors, which shall then consider and act upon the legislation consistent with the rules and regulations governing the consideration and processing of legislation by the Board and its committees.
The Budget Analyst's analysis and report on the cost of the legislation will be submitted to the Board of Supervisors prior to the legislation being heard by the fiscal committee.
Legislation which has been initially determined not to have a fiscal impact and which is substantively amended in a committee other than the fiscal committee shall be referred to the Budget Analyst to determine whether the amendments result in the legislation having a fiscal impact. Amended legislation determined to have a fiscal impact shall be referred to, and scheduled by the Clerk of the Board before, the fiscal committee of the Board of Supervisors.
Legislation prepared in and reported out to the Board by a nonfiscal committee shall be governed by this Section. Such prepared in and reported out legislation shall be reviewed by the Budget Analyst to determine whether the legislation has a fiscal impact, and if so, such legislation shall be referred to, and the Clerk of the Board shall schedule before, the fiscal committee of the Board, consistent with the provisions of this Section.
When the Budget Analyst determines that legislation would have a fiscal impact as defined in this Section, then the legislation shall not be calendared by the Clerk of the Board of Supervisors for consideration by the full Board of Supervisors until after the legislation has been forwarded to the full Board by all Committees of the Board asked, or required, to review the legislation.
Whenever required by this ordinance to schedule legislation for review and consideration by the fiscal committee, the Clerk shall schedule the legislation for said hearing not more than 30 days after the nonfiscal committee has determined that the legislation is to be further considered by the Board.
If the fiscal committee fails to conduct a hearing on the legislation within 30 days after the nonfiscal committee has determined that the legislation is to be further considered by the Board, the Clerk shall place the legislation on the calendar of the Board for the next regularly scheduled meeting of the Board subsequent to the expiration of the 30-day period.
(Added by Ord. 272-91, App. 7/2/91; amended by Ord. 243-97, App. 6/13/97)
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