SEC. 91.12. ANNUAL COMPLIANCE REPORTS SUBMITTALS, LANGUAGE ACCESS ORDINANCE SUMMARY REPORT, AND RECOMMENDATIONS FOR EMERGING LANGUAGE POPULATIONS.

   (a)   Annual Compliance Reports Submittals. All Departments shall submit their Annual Compliance Report on October 1 of each year to OCEIA.

   (b)   Language Access Ordinance Summary Report. On February 1 of each year, OCEIA shall submit to the Mayor, the Board of Supervisors, and the Commission a Language Access Ordinance Summary Report which compiles and summarizes all departmental Annual Compliance Reports. OCEIA shall also include in the Language Access Ordinance Summary Report a current determination of: (1) the total number of LEP Persons in the City; (2) the number of LEP Persons in the City delineated according to language spoken; (3) the number of LEP Persons for each District delineated according to language spoken; (4) the number of complaints received; (5) the number of complaints investigated; and (6) the number of investigative summary reports. OCEIA shall translate in the required languages the key findings and recommendations of the Language Access Ordinance Summary Report within 30 days after its completion.

   (c)   OCEIA may include in the Language Access Ordinance Summary Report recommended changes to all departmental Annual Compliance Reports, including changes to language access policies in order to meet the needs of Emerging Language Populations.

(Added as Sec. 91.11 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. 91.12 redesignated as 91.13 by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.13. RECRUITMENT.

   It shall be the policy of the City to publicize job openings for Departments’ Public Contact Positions in an inclusive and appropriate manner including, but not limited to, in ethnic, and1  and non-English language media, and in multiple languages.

(Added as Sec. 91.10 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated as Sec. 91.12 by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

(Former Sec. 91.13 redesignated as Sec. 91.15 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)

CODIFICATION NOTE

1.   So in Ord. 116-24.

SEC. 91.14. DEPARTMENT RESPONSIBILITIES.

   In addition to the duties and responsibilities provided elsewhere in this Chapter 91, Departments shall:

   (a)   Provide Language Access Services in the required languages or languages spoken by a Substantial Number of LEP Persons that provides vital information to the public about the Department’s services or programs;

   (b)   Maintain data based on the Language Access Services provided to the public;

   (c)   Upon request, provide Language Access Services in languages not covered by the required languages that provide vital information to the public about the Department’s services or programs. The Department shall acknowledge the request within 48 hours, excluding weekends and holidays. Departments shall make good faith efforts to translate the requested materials within a reasonable amount of time and provide the requester with a due date.

   (d)   Inform LEP Persons who seek services, in their native tongue, of their right to request Language Access Services and their right to file a complaint;

   e1    Create a process where all persons may provide feedback on the Department’s Language Access Services;

   (f)   Use OCEIA’s standardized vocabulary list;

   (g)   Prominently post in main entrance or reception areas the availability of Language Access Services and OCEIA’s know-your-rights brochure translated in the required languages;

   (h)   Create and maintain a language access policy and review it annually;

   (b)1   Create and maintain a language access policy and review it annually;

   (i)   Designate a language access coordinator who is responsible for managing the Department’s Language Access Services;

   (j)   Use a community-focused approach to language access services to ensure that residents receive information about City programs and services, including public service announcements;

   (k)   Upon request, translate the investigative summary report;

   (l)   Budget and plan for the Department’s delivery of Language Access Services; and

   (m)   Use good faith efforts to comply with the provisions of this Chapter 91 1 OCEIA’s recommendations and directives. Departments shall prioritize Language Access Services 1 Over time, Departments shall fully comply with the provisions of this Chapter 91 .

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

(Former Sec. 91.14 redesignated as Sec. 91.16 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)

CODIFICATION NOTE

1.   So in Ord. 116-24.

SEC. 91.15. COMMISSION RESPONSIBILITIES.

   In its advisory capacity, the Commission may make recommendations to improve Chapter 91. The Commission’s duties shall include: (a) reviewing all OCEIA reports; (b) reviewing complaints and OCEIA’s resolution of them; (c) recommending policy changes to language access; (d) identifying new trends that may present new challenges tor language access; (e) identifying new practices that further the objectives of this Chapter; and (f) conducting public hearings related to items (a) through (e).

(Added as Sec. 91.11 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated as Sec. 91.13 and 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)

(Former Sec. 91.15 redesignated as 91.17 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)

SEC. 91.16. OFFICE OF CIVIC ENGAGEMENT AND IMMIGRANT AFFAIRS' RESPONSIBILITIES.

   Subject to the budgetary and fiscal provisions of the Charter, OCEIA shall work with all Departments providing emergency response services under Section 91.9 to aid in their compliance with its provisions and may provide technical assistance to support the Departments’ Language Access Services, and investigate, monitor, and facilitate Departmental compliance with this Chapter 91. OCEIA may:

   (a)   Provide technical assistance for Language Access Services for all Departments, including but not limited to, create a vocabulary list with standardized terms applicable to all Departments, yearly trainings for department staff, consultations as needed, and language access tools and resources;;1

   (b)   Coordinate Language Access Services across Departments, including but not limited to maintaining a directory of qualified language service providers for Departments to utilize and carry out their responsibilities under this Chapter 91, maintaining Language Access Services, translations, and interpretations contracts for all Departments, maintaining an inventory of language services equipment, and providing assistance to Departments, the Board of Supervisors, and the Mayor’s Office in identifying bilingual staff;

   (c)   Provide Departments with model Annual Compliance Reports and language access policies;

   (d)   If OCEIA determines a new language meets the annual threshold amount in section 91.2 (“Substantial Number of LEP Persons”), OCEIA shall notify all affected Departments of its determination. OCEIA shall also post that determination on its website for 120 days prior to certifying the new language. During that time period, OCEIA may conduct a study to confirm its determination. If OCEIA conducts such a study, the 120 days shall commence the day the study is published. The certification of a new language as a language spoken by a Substantial Number of LEP Persons shall take effect after the conclusion of the process described in this subsection (d);

   (e)   Maintain a complaint form on OCEIA’s website in all certified languages spoken by a Substantial Number of LEP Persons;

   (f)   Create a know-your-rights brochure for Language Access Services, that at a minimum explains the complaint process, provides information on how to file a complaint, and outlines possible resolutions to the complaint. The know-your-rights brochure shall be translated and made available in at least the top 20 languages in San Francisco that are most spoken and have the highest rate of language access needs;

   (g)   Create and maintain a website for the posting of OCEIA’s investigative summary reports;

   (h)   Perform audits, as needed, for compliance with the provisions of this Chapter; and

   (I)1    Investigate all potential violations of this Chapter.

(Added as Sec. 91.14 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. 91.16 redesignated as Sec. 91.18 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

CODIFICATION NOTE

1.   So in Ord. 116-24.

SEC. 91.17. RULES AND REGULATIONS.

   In order to effectuate the terms of this Chapter, OCEIA may adopt rules and regulations consistent with this Chapter.

(Added as Sec. 91.12 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated as Sec. 91.15 and 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. 91.17 added as Sec. 91.14 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated and amended by Ord. 202-09, File No. 090461, App. 8/28/2009; repealed by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.18. ENFORCEMENT.

   OCEIA shall be responsible for enforcement of this Chapter 91. OCEIA may investigate all potential violations of this Chapter. OCEIA may attempt to resolve noncompliance with this Chapter by any Department through informal processes, including mediation and conference and conciliation. OCEIA shall prepare a summary report of each investigation that will include findings and recommendations to address the issues raised in the complaint, including what action, if any, was undertaken by the Department in response to the complaint to ensure the Department’s compliance with this Chapter 91 and whether a Department failed to cooperate with OCEIA’s investigation 1 shall transmit 1 OCEIA shall transmit its investigative summary report to the Department, the Department of Human Resources, the Commission, the Mayor, and the Board of Supervisors.

(Added as Sec. 91.13 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated as Sec. 91.16 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. 91.18 redesignated as 91.19 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

CODIFICATION NOTE

1.   So in Ord. 116-24.

SEC. 91.19. DISCLAIMERS.

   (a)   By providing the public with equal access to language services, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

   (b)   The obligations set forth in the Language Access Ordinance are directory and the failure of the City to comply shall not provide a basis to invalidate any City action.

   (c)   The Language Access Ordinance shall be interpreted and applied so as to be consistent with Title VI and VII of the Civil Rights Act of 1964, California's Fair Employment and Housing Act, and Article X of the San Francisco Charter and so as not to impede or impair the City's obligations to comply with any court order or consent decree.

(Added as Sec. 91.18 by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)