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Potential Conflict. |
Whenever in the course of the Charter mandated duty of the City Attorney to represent the City and County of San Francisco, or any board, commission, officer or employee thereof, the City Attorney determines that a full and complete representation of the City and County of San Francisco or any board, commission, officer or employee thereof requires an attack upon the validity of any provision of the San Francisco Charter or of any ordinance or resolution of the City and County of San Francisco, the City Attorney shall within five working days of such determination notify the Board of Supervisors in writing of the potential conflict between the City Attorney's duty to uphold the Charter of the City and County of San Francisco or the public enactments of the City and County of San Francisco on the one hand and the City Attorney's duty to provide complete and full representation to the City and County of San Francisco or any board, commission, officer or employee thereof on the other hand. The City Attorney shall make a recommendation for resolving the conflict in the written notification to the Board of Supervisors.
(Added by Ord. 7-82, App. 1/8/82)
Findings. | |
Definitions. | |
Publication Requirements. | |
Review of Proposed Ordinances. | |
Regulations. |
(a) San Francisco Charter Article XVII, defines "Notice" to mean publication (as defined by ordinance), and a contemporaneous filing with the Clerk of the Board of Supervisors or other appropriate office. Charter Article XVII further empowers the Board of Supervisors by ordinance to define the term "Published" and requires the Board of Supervisors to seek a recommendation from the Clerk of the Board of Supervisors before adopting such an ordinance. The Clerk of the Board of Supervisors participated in the drafting of this ordinance.
(b) The City has greatly expanded its use of electronic media to provide information to the public, and individuals' access to those media has also expanded greatly. In adopting this Article XII the Board of Supervisors intends to: (1) maximize use of electronic media as a cost effective means of publishing notices; (2) provide uniform implementation of Charter Article XVII's "publication" requirement to the extent that implementation of this Article XII does not conflict with notice or publication requirements specifically imposed by federal or State law or by the San Francisco Charter or applicable City ordinances; (3) provide City agencies with a standard notice and publication procedure that future City legislation can incorporate; and (4) establish a mechanism to ensure that drafters of all future legislation that addresses publication and notice consider the use of this standard notice and publication procedure.
(Added by Ord. 318-10, File No. 101191, App. 12/21/2010)
(a) "City's Official Website Homepage" shall mean the first screen that opens at sfgov.org or any successor City official internet address.
(b) "Department's Website Homepage" shall mean the first screen that opens at the Department's website address.
(c) "Notices" shall mean all notices to the public required under the Charter.
(d) "Published" shall mean posted on the City's Official Website Homepage, on the applicable Department's Website Homepage, and at the Main Branch of the San Francisco Public Library, as more fully described in Section 2.98, provided that the Department shall cause a summary of the Notice to be published in the "Official Newspaper" as set forth in Administrative Code, Chapter 2, Article IX.
(e) "Summary" shall mean a direction to the Department's Website Homepage where the Notice can be located.
(Added by Ord. 318-10, File No. 101191, App. 12/21/2010; Ord. 59-11, File No. 110117, App. 3/30/2011)
(a) The City Librarian shall designate a place in the Main Branch of the Public Library, accessible to the public, for the posting of Notices in hard copy. The City Librarian shall cause such Notices to be posted promptly upon receipt. For purposes of this subsection (a), "posting" may include placing a notice in a file that is readily identifiable and available to the public.
(b) The Department of Technology shall place on the City's Official Website Homepage a "Notices" section which shall include links to Notices of all City departments. The Department of Technology shall cause such Notices to be posted promptly.
(c) City departments shall post Notices on a "Notices" page accessible from the Department's Website Homepage. The Department of Technology shall cause such Notices to be accessible via the Notices section placed on the City's Official Website Homepage.
(d) This Article is not intended to change (1) the duration of, or time during which City, State or federal law requires an official or agency to publish or post a Notice; (2) the identity of the official or agency responsible for publishing or posting a Notice; or (3) publication or posting requirements that City, State or Federal law otherwise impose on City officials or agencies.
(e) The publication requirements established in subsections (a), (b), and (c) above shall be deemed satisfied if the City has substantially complied with the requirements, meaning the Notice has been posted at the Main Branch of the Public Library, and on either the City's Official Website Homepage or the Department's Website Homepage.
(Added by Ord. 318-10, File No. 101191, App. 12/21/2010)
The Clerk of the Board of Supervisors shall review all future proposed ordinances that have been introduced that contain notice and publication requirements, and may recommend to the sponsor of the legislation that the proposed ordinance incorporate the notice and publication requirements as set forth in this Article XII, to the maximum extent consistent with Federal and State law. The Clerk's failure to perform this review on any ordinance shall not invalidate the ordinance, or form the basis for any legal challenge to the ordinance.
(Added by Ord. 318-10, File No. 101191, App. 12/21/2010)
The Clerk of the Board of Supervisors, in consultation with the City Librarian and/or the Director of the Department of Technology, to the extent the Clerk deems appropriate, may adopt regulations, consistent with this Article XII and Charter Section 16.112, governing the operational procedures for implementing the provisions set forth in this Article XII.
(Added by Ord. 318-10, File No. 101191, App. 12/21/2010)