Loading...
(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)
Notwithstanding any provision to the contrary in any City ordinance, except where the Charter or pre-emptive state or federal law requires otherwise, whenever a City ordinance establishing a board, commission or similar body allows an individual supervisor to nominate or appoint a person for service on the body, whether or not subject to approval by the Board, that person shall be qualified for service once the supervisor has submitted a written nomination accompanied by an application completed by the nominee to the clerk of the Rules Committee. Upon receipt of the written nomination and the application, the clerk of the Rules Committee shall issue a letter of qualification for service to the nominee, memorializing the nominee's appointment and specifying the term during which the appointee shall serve. The appointment shall become effective at the commencement of the day immediately following the date of the clerk's letter.
(Added by Ord. 41-00, File No. 000111, App. 3/24/2000)
Special Meetings. | |
Public Hearings – Reports Submitted by the Civil Grand Jury. | |
Mayor's Monthly Appearance at the Board for Formal Policy Discussions. |
A special meeting of the Board of Supervisors may be called at any time by the President of said Board, or by a majority of the members of said Board, by delivering personally or by mail written notice to each member of said Board and to each local newspaper of general circulation, radio or television station requesting notice in writing.
Such notice must be delivered personally or by mail at least 24 hours before the time of such meeting as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Board of Supervisors.
Such written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the Clerk of the Board of Supervisors a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.
A special meeting of any standing or special committee of the Board of Supervisors may be called at any time by the presiding officer of the committee or by a majority of the members of the committee, in accordance with the provisions of this Section applicable to special meetings of the Board of Supervisors, except that notices of said committee meetings shall be directed to each member of the committee rather than to each member of the Board of Supervisors.
(Amended by Ord. 4-71, App. 1/4/71)
Loading...