SEC. 2A.22.3. AMERICANS WITH DISABILITIES ACT – REASONABLE MODIFICATION POLICY.

   (a)   It is the policy of the City and County of San Francisco ("City") to provide reasonable modifications in its policies, practices, and procedures for all qualified people with disabilities and to provide these modifications quickly, easily, and with minimum burden to the person with the disability. Denial of a modification should occur only in situations for which the policy modification would fundamentally alter the program, service, or activity, or would constitute an undue financial and/or administrative burden.

   (b)   All City departments shall take the following steps to implement the City's reasonable modification policy for the benefit of the public:

      (1)   Provide notice, in accessible formats, to members of the public of their rights to ask for a modification in policies, practices, and procedures or the use of an auxiliary aid or service in order to accommodate a disability.

      (2)   Respond to a request for a reasonable modification in a timely manner within – 72 hours, if feasible. A department should never delay providing life-preserving modifications.

      (3)   Provide adequate communication devices for people with disabilities requesting communication assistance, such as qualified interpreters, note-takers, computer-aided transcription services, written materials, audio recordings, computer disks, large print and Brailed materials, and assistive listening systems to ensure that the City will be able to communicate effectively with individuals with disabilities, and that individuals with disabilities will be able to participate in the range of services and programs offered by the City.

      (4)   Provide appropriate training to staff members who will respond to requests for reasonable modifications.

   (c)   In working with a person who has a disability to address a reasonable modification request, City departments and their contractors shall not:

      (1)   Require a person with a disability to fill out a form, or provide medical documentation, in order to request or receive a reasonable modification, except as provided in subsection (c)(2), below.

      (2)   Inquire about the specific diagnosis or medical history of the requestor's disability. Most requests for reasonable modification to policies, practices and procedures to City services shall be granted readily unless a City department or contractor can demonstrate that doing so would constitute a fundamental alteration to the nature of its program or service or an undue financial and/or administrative burden.

      Medical or written documentation shall be required only in cases where the reasonable modification request appears unusual given the circumstances, exceeds the level of excellent customer service expected of City staff and contractors or there is no apparent nexus between the disability and the requested modification. Medical inquiries shall be limited to documentation of specific functional limitations, including an explanation of how the functional limitation necessitates the need for the requested modification.

   (d)   The Mayor's Office on Disability ("MOD") shall maintain on its website a list of City-approved vendors who can provide auxiliary aids and services necessary for effective communication with individuals with disabilities. MOD shall also provide guidance and technical assistance to City departments that have questions about the appropriate response to a request for reasonable modification.

(Added by Ord. 90-10, File No. 10024, App. 4/30/2010)

SEC. 2A.23. OFFICE OF LABOR STANDARDS ENFORCEMENT.

   (a)   There is hereby created within the Department of Administrative Services an Office of Labor Standards Enforcement. The Office of Labor Standards Enforcement shall enforce the City’s Minimum Wage Ordinance (Article 1 of the Labor and Employment Code), Minimum Compensation Ordinance (Article 111 of the Labor and Employment Code), Health Care Accountability Ordinance (Article 121 of the Labor and Employment Code), Prevailing Wage Ordinances, and shall carry out any additional duties and functions as assigned by Charter or ordinance. The Office of Labor Standards Enforcement may enforce the provisions of the California Labor Code to the extent permitted by State law. The Office of Labor Standards Enforcement may impose penalties and take any and all appropriate action to enforce the requirements of such provisions, including but not limited to those set forth in San Francisco Labor and Employment Code Article 1, to the extent permitted by State law.

   (b)   The Office shall be administered by the Labor Standards Enforcement Officer, who shall be appointed by, and shall serve at the pleasure of, the Mayor. In appointing the Labor Standards Enforcement Officer, the Mayor shall consider, among other relevant factors, the individual's experience enforcing labor standards, including prevailing wage requirements, and the diversity of San Francisco in the construction industry. The Labor Standards Enforcement Officer shall coordinate his or her activities with federal and state labor standards agencies.

   (c)   All City departments shall cooperate with the Labor Standards Enforcement Officer and his or her designees. The Labor Standards Enforcement Officer shall have the authority to subpoena the production of books, papers, records or other items relevant to investigations under the jurisdiction of the Office of Labor Standards Enforcement.

(Added by Ord. 5-06, File No. 051652, App. 1/20/2006; Ord. 205-06, File No. 060247, App. 7/25/2006)

SEC. 2A.25. OFFICE OF THE CITY ADMINISTRATOR.

   The Office of the City Administrator shall be a department of the City. The City Administrator shall be appointed and may be removed as provided in the Charter. The department shall include such officers and employees as are authorized pursuant to the budgetary and fiscal provisions of the Charter.

(Added by Ord. 204-04, File No. 040754, App. 8/5/2004)

ARTICLE II: DEPARTMENTS

 

Sec. 2A.30.	Department Heads.
Sec. 2A.31.	Department Responsibility for Workers' Compensation Costs.
Sec. 2A.32.	Persons Designated to Certify as to Oath of Allegiance.
Sec. 2A.40.	Roster of Officers and Employees Serving on Any Board, Commission or Committee.

 

SEC. 2A.30. DEPARTMENT HEADS.

   Each elective officer in charge of an administrative office, the chief executive under a board or commission, the Controller, the City Administrator and each department head appointed by the Mayor shall have the powers and duties of a department head, except as otherwise specifically provided in the Charter.

   Each department head shall be immediately responsible for the administration of his or her department, and shall file an annual report and make such other reports, estimates and recommendations at the time and in the manner required by law, or as required by the Mayor, board or commission.

   The department head shall act as the "appointing officer" under the civil service provisions of the Charter for the appointing, disciplining and removal of such officers, assistants and employees as may be authorized. On the written direction of the department head concerned, the head of any utility, institution, bureau or other subdivision of such department may be designated as the "appointing officer" for such utility, institution, bureau or other subdivision. Non-civil service appointments and any temporary appointments in any department or subdivision thereof, and all removals therefrom shall be made by the department head, bureau head or other subdivision head designated as the appointing officer.

   The department head shall issue or authorize all requisitions for the purchase of materials, supplies and equipment required by such department, provided that, on the written direction of the department head concerned, the head of any utility, institution, bureau or other subdivision of a department may likewise be vested with such power. Each department head or the head of a utility, institution, bureau or other subdivision of each department shall be responsible for the proper checking of all materials, supplies and equipment ordered for its purposes, and for the approval or disapproval of bills for claims rendered for such materials, supplies or equipment.

   The head of any department, through the Mayor if part of the Executive Branch under the Charter, shall recommend to the Board of Supervisors such ordinances as may be required to carry out the powers vested and the duties imposed, and to establish or readjust fees or charges for permits issued to or work performed for persons, firms or corporations when these are subject to the department's jurisdiction.

   Each department head, through the Mayor if part of the Executive Branch under the Charter, may suggest the creation of positions subject to the provisions of the Charter, and may reduce the forces under his or her jurisdiction to conform to the needs of the work for which he or she is responsible.

(Added by Ord. 277-96, App. 7/3/96; amended by Ord. 204-04, File No. 040754, App. 8/5/2004)

SEC. 2A.31. DEPARTMENT RESPONSIBILITY FOR WORKERS' COMPENSATION COSTS.

   The Board of Supervisors of the City and County of San Francisco hereby declares that all departments shall share responsibility for workers' compensation costs and shall more effectively monitor and manage workers' compensation costs for employees of the City and County of San Francisco. To achieve this purpose, effective January 1, 2001, it shall be required that:

   (a)   Department heads shall identify and utilize limited or modified duty assignments whenever practical for workers with disabilities;

   (b)   Department heads shall identify the person or persons with authority and responsibility for monitoring and managing workers' compensation costs and shall assist communications between the workers' compensation claims division and the injured employee;

   (c)   Operating managers at all levels shall be responsible for monitoring and managing workers' compensation costs and shall receive training for this purpose;

   (d)   Performance evaluations of individual managers shall include review of their management of workers' compensation claims and costs;

   (e)   City-wide budgeting and accounting mechanisms shall be established to allocate to each department its equitable share of workers' compensation costs;

   (f)   Automated data on employee workers' compensation claims shall be produced and made available by the Human Resources Director, the Controller, and all departments, in form and frequency determined by the Workers' Compensation Council to be sufficient to permit effective analysis for department management of workers' compensation costs;

   (g)   Department heads shall submit a written report each quarter to the Workers' Compensation Council on the status of the department's workers' compensation claims. These reports shall include but not be limited to incidence rates of employee injuries, lost workday incident rates, year-to-year comparisons, utilization by the department of limited or modified duty assignments and disability transfers.

(Added by Ord. 357-91, App. 10/2/91; amended by Ord. 18-95, App. 1/25/95; Ord. 103-00, File No. 000534, App. 5/26/2000; Ord. 250-00, File No. 001489, App. 10/27/2000)

SEC. 2A.32. PERSONS DESIGNATED TO CERTIFY AS TO OATH OF ALLEGIANCE.

   The chief executive officer of each department of the City and County is hereby designated as the officer in such department who shall ascertain and certify that all officers and employees within such department have taken the oath of affirmation or allegiance required by State law. The General Manager of the Civil Service Commission shall ascertain and certify that each officer so designated has taken such oath or affirmation of allegiance.

(Formerly Sec. 18.10; amended by Ord. 161-68, App. 6/26/68; renumbered by Ord. 327-00, File No. 001922, App. 12/28/2000)

SEC. 2A.40. ROSTER OF OFFICERS AND EMPLOYEES SERVING ON ANY BOARD, COMMISSION OR COMMITTEE.

   The Mayor shall prepare and maintain on a current basis a roster of officers and employees of the City and County appointed, elected or designated to serve on any board, commission or committee pursuant to Federal or State law or ordinance, resolution, joint exercise of powers agreement or any other agreement entered into by or on behalf of the City and County. The appointing authority shall, with respect to any officer or employee heretofore or hereafter appointed, elected or designated to serve on any such board, commission or committee, forthwith transmit written notification to the Mayor of such appointment, election or designation.

(Added by Ord. 12-73, App. 1/5/73; amended by Ord. 70-00, File No. 000357, App. 4/28/2000)

ARTICLE III: CITY PLANNING

 

Sec. 2A.51.	Planning; Advice on Physical Improvement and Development.
Sec. 2A.52.	Capital Planning Committee – General Plan Referrals.
Sec. 2A.53.	General Plan Referrals.