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

SEC. 91.3. SCOPE.

   This Chapter 91 shall apply to any Department, agency, or office program or service that provides direct services to the public.

(Added by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

(Former Sec. 91.3 redesignated as Sec. 91.4 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.4. UTILIZATION OF BILINGUAL EMPLOYEES.

   (a)   Utilizing sufficient Bilingual Employees in public contact or public information positions, Departments shall provide information and services to the public in the required languages, languages spoken by a Substantial Number of Limited English Proficient Persons, or to the public served by their respective Department in each language spoken by LEP Persons. Departments comply with their obligations under this Section 91.4 if they provide the same level of service to LEP Persons as they provide English speakers.

   (b)   Departments may consider hiring Bilingual Employees for public contact or public information positions made available through retirement or normal attrition. Departments may also consider recruiting culturally and linguistically qualified bilingual employees to provide language services for both translation and interpretation. Nothing herein shall be construed to authorize the dismissal of any City employee in order to carry out the Language Access Ordinance.

   (c)   Departments shall maintain an up-to-date list of employees and languages the Department offers through the use of Bilingual Employees.

(Added as Sec. 91.3 by Ord. 128-01, File No. 011051, App. 6/15/2001; amended by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

(Former Sec. 91.4 redesignated as Sec. 91.5 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.5. TRANSLATION OF MATERIALS, SIGNAGE AND DIGITAL CONTENT.

   (a)   Translation of Materials. Departments shall translate the following written materials that provide vital information to the public about the Department’s services or programs into the the require languages languages1 spoken by a Substantial Number of LEP Persons: applications or forms to participate in a Department’s program or activity or to receive its benefits or services; written notices of rights to, determination of eligibility for, award of, denial of, loss of, or decreases in benefits or services, including the right to appeal any Department’s decision; written tests that do not assess English language competency, but test competency for a particular license or skill for which knowledge of written English is not required; notices advising LEP Persons of free language assistance; materials, including publicly-posted documents, explaining a Department’s services or programs; complaint forms; any other written documents related to direct services to the public that could impact the community or an individual seeking services from or participating in a program of a Department. Upon request, a LEP Person may request written materials that provide vital information to the public about the Department’s services or programs into a language not captured by the required languages. However, the Public Utilities Commission and the Tax Collector shall make resources available for LEP Persons to understand their property tax and utility bills.

   (b)   Signage. Departments that post signage that provides information to the public that relates to the Department’s Service or Program shall translate those materials in the required languages or languages as prescribed by a Substantial Number of LEP Persons.

      (c)1    Departments shall prioritize the translation of written materials by giving highest priority to vital information and materials that affect benefits, eligibility, public safety 1 health, and critical services.

      (d)1    Departments shall post translated notices in the public areas of their facilities in the relevant language(s) indicating that Language Access Services are available.

      (3)   Departments shall translate all signage posted in their facilities that is intended to assist members of the public utilizing the Department’s services or programs. Departments shall also translate all signage posted in public spaces that is meant to inform the community about a service or program or a benefit or change that impacts the community. The translated notices shall be posted prominently and shall be readily visible to the public. Departments shall also provide translated written materials, in a conspicuous location, providing information about the OCEIA complaint process described in Section 91.10.

   (c)   Digital Content. Departments shall translate digital content that meets the parameters of subsection 91.5(a) that they provide on digital platforms such as web sites, social media platforms, third-party digital content providers, or various on-line mediums. Departments shall also translate all public service announcements or information that raises awareness about an issue of public interest or affects the community that they publish on websites, social media platforms, third-party digital content providers, or various on-line mediums.

   (d)   Departments shall take a community-focused approach to ensure all translations are accurate and appropriate for the target audience. Translations should match literacy levels of the target audience.

   (e)   Each Department shall designate a staff member responsible for ensuring that all translations of the Department’s written materials meet the accuracy and appropriateness standard set in subsection (d) of this Section 91.5. Departments are encouraged to have their staff check the quality of written translations, but where a Department lacks biliterate personnel, the responsible staff member shall obtain quality checks from external translators. Departments may contact OCEIA for assistance in locating a qualified translator or translation equipment. Departments are also encouraged to solicit feedback on the accuracy and appropriateness of translations from bilingual staff of community groups whose clients receive services from the Department.

(Added as Sec. 91.4 by Ord. 126-01, File No. 010409, App. 6/15/2001; amended by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

(Former Sec. 91.5 redesignated as 91.6 by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

CODIFICATION NOTE

1.   So in Ord. 116-24.

SEC. 91.6. DISSEMINATION OF TRANSLATED MATERIALS FROM THE STATE AND FEDERAL GOVERNMENT.

   If the State or federal government or any agency thereof makes available to a Department written materials in a language other than English, the Department shall maintain an adequate stock of the translated materials and shall make them readily available to persons who use the Department's services.

(Added as Sec. 91.5 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

(Former Sec. 91.6 redesignated as Sec. 91.7 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.7. PUBLIC MEETINGS AND HEARINGS.

   (a)   Notwithstanding the requirements of any other provisions of Chapter 91, City Boards, City Commissions, advisory bodies, and Departments shall translate meeting notices, agendas, and minutes upon written request. When a City Board, City Commission, and advisory body receives a written request for translated meeting minutes, the body shall translate the meeting minutes only after the body adopts them and within a reasonable time thereafter.

   (b)   City Boards, City Commissions, advisory bodies, and Departments shall provide Language Access Services in the language the member of the public requests at any public meeting or hearing, if requested at least 48 hours in advance of the meeting or hearing.

(Added as Sec. 91.6 by Ord. 126-01, File No. 010409, App. 6/15/2001; amended by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

(Former Sec. 91.7 redesignated as Sec. 91.8 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.8. RECORDED TELEPHONIC MESSAGES.

   All Departments with recorded telephonic messages about the Department’s operation or services shall maintain such messages in each language spoken by a Substantial Number of LEP Persons, or where applicable, a Concentrated Number of LEP Persons. Such Departments are encouraged to include in the telephonic messages information about business hours, office location(s), services offered and the means of accessing such services, and the availability of Language Access Services. The requirements of this Section 91.8 shall apply only to recordings prepared by a Department to provide general information to the public about the Department’s operations and services, and shall not apply to voicemail recordings on City employees’ telephone lines.

(Added as Sec. 91.7 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

(Former Sec. 91.8 redesignated as Sec. 91.9 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)