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Declaration of Policy.
Scope of Ordinance.
Establishment; Appointment; Terms; Executive Secretary.
Powers and Duties.
Advisory Council; Special Committees.
Cooperation With Other Communities.
Unfair Neighborhood Practices.
Adjustment and Settlement of Complaints.
Rules and Regulations.
Office of Racial Equity.
The population of this City and County is composed of people of various racial, religious and ethnic groups. In this City and County the practice of discrimination on the actual or perceived grounds of race, religion, color, ancestry, age, sex, sexual orientation, gender identity, disability, weight, height or place of birth and the exploitation of prejudice related thereto adversely affects members of minority groups.
Such discriminatory practices are inimical to the public welfare and good order in that they: (a) impede social and economic progress for the entire citizenry by preventing members of minority groups from achieving full development of their individual potentialities and from contributing fully to the cultural and business life of the community; (b) constantly frustrate, degrade and embitter members of minority groups, thereby diminishing their initiative and interests in the community; and (c) tend to create intergroup hostilities and antisocial behavior.
The products of discrimination accumulate continuously, with the result that the social, economic and educational gaps between those suffering discrimination and the majority of the community constantly widen. As a result, mere prohibition of future and present discrimination, while essential, will not reduce the inequalities and disadvantages which a history of discrimination has produced. Accordingly, affirmative remedial action must be initiated, encouraged and coordinated.
Experiences of other urban centers throughout the nation have proved the need for and effectiveness of commissions empowered to study community race relations problems, to work with interested citizens to develop programs to ameliorate tensions and reduce cultural, social and economic disadvantages and to encourage and coordinate implementation of such programs consistent with the needs and rights of members of both the majority and the minority.
A substantial number of the aforementioned evils in this City and County are beyond the regulation of applicable State law, and insofar as State law is applicable, voluntary compliance therewith should be fostered by a local human relations commission.
(Amended by Ord. 75-77, App. 3/4/77; Ord. 433-94, App. 12/30/94; Ord. 255-99, File No. 991146, App. 10/8/99; Ord. 101-00, File No. 000476, App. 5/26/2000)
It is hereby declared:
That the policy of the City and County of San Francisco is to act to give effect to the rights of every inhabitant of the City and County to equal economic, political and educational opportunity, to equal accommodations in all business establishments in the City and County and to equal service and protection by public agencies;
That an instrumentality should be established to give effect to such rights, to eliminate prejudice and discrimination because of race, religion, color, ancestry, age, sex, sexual orientation, gender identity, disability, or place of birth, to inform the inhabitants of the City and County of developments in human relations, to provide expert advice and assistance to the officers, agencies, boards, departments and employees of the City and County in undertaking ameliorative practices to keep peace and good order and to officially encourage private persons and groups to promote and provide equal opportunity for and good will toward all people.
(Amended by Ord. 75-77, App. 3/4/77; Ord. 433-94, App. 12/30/94)
This ordinance applies to all discriminatory practices and to resulting intergroup tensions specifically covered by the provisions of this ordinance that occur within the territorial limits of or within any agency under the jurisdiction of the City and County of San Francisco and to the extent permitted by law, to activities outside this City and County which reasonably affect such practices and tensions within said territorial limits. Nothing in this ordinance, however, shall be interpreted or applied so as to create any power or duty in conflict with the preemptive effect of any federal or State law.
(a) As used in this Chapter, the term:
"Age" refers to and shall include any person who has attained the age of 40 years and has not attained the age of 65 years.
"Sex" shall mean the character of being male or female.
"Sexual orientation" shall mean the choice of human adult sexual partner according to gender.
"Gender identity" shall mean a person's various individual attributes as they are understood to be masculine and/or feminine.
"Disability" is a physical or metal impairment which substantially limits one or more major life activities, is regarded as having such an impairment, or has a record of such an impairment.
"Qualified Disabled Employee" shall mean a person able to perform the essential functions of a job with reasonable accommodation.
(Amended by Ord. 489-86, App. 12/18/86; Ord. 433-94, App. 12/30/94)
(a) There is hereby established a commission to be known as the Human Rights Commission of the City and County of San Francisco (hereinafter called "Commission"), consisting of 15 members broadly representative of the general public and the employer, labor, religious, racial, age, sex, sexual orientation, gender identity, disabled and ethnic groups in the City and County, to be appointed by the Mayor. Four of the members who are first appointed shall be designated to serve for terms of one year, four for two years, four for three years and three for four years from the date of their appointments. Thereafter, members shall be appointed as aforesaid for a term of office of four years, except that all of the vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his or her successor has been appointed and has qualified. The Commission shall elect a chair from among its members. The term of office as chair of the Commission shall be for the calendar year or for that portion thereof remaining after each such chair is designated or elected. The compensation of members of said Commission shall be $25 for each meeting of the Commission actually attended by said members; provided, however, that no member shall be paid for attending more than four Commission meetings in any one calendar month.
(b) The position of Executive Secretary to the Commission shall be established pursuant to and subject to Sections 3.500 and 8.200 of the Charter of the City and County of San Francisco. The person occupying such position shall be appointed by the chair of the Commission with the approval of a majority of the members of the Commission. The position of Executive Secretary to the Commission shall be exempted from the residency and electoral requirements of Section 16.98 of the San Francisco Administrative Code. All staff personnel shall be under the immediate direction and supervision of the Executive Secretary.
(Amended by Ord. 503-83 App. 10/14/83; Ord. 271-89, App. 7/28/89; Ord. 433-94, App. 12/30/94)
In addition to the other powers and duties set forth in this ordinance, the Commission shall have the power and duty to:
(a) Study, investigate, mediate and hold public hearings on community-wide problems arising in this City and County which may result in intergroup tensions or discrimination because of actual or perceived race, religion, color, ancestry, age, sex, sexual orientation, gender identity, physical disability, weight, height or place of birth. In the performance of its duties under this subsection, the Commission, as permitted by law, may require by subpoena ad testificandum setting forth the specific nature of its inquiry, the attendance and testimony under oath of any person directly involved in or concerned with discrimination within the scope of this ordinance whose presence and testimony is reasonably necessary to its inquiry; provided, however, that any such inquiry involving any agency, board, or officer of the City and County shall be governed by the provisions of Subsection (f) hereof. In case of the refusal of any person to attend or testify as required by a subpoena ad testificandum issued by the Commission, the Commission may proceed to petition for a court order pursuant to Section 1991 of the California Code of Civil Procedure.
(b) Prepare and disseminate educational and informational material relating to prejudice and discrimination and ways and means of eliminating such prejudice and discrimination.
(c) Furnish cooperation, information, guidance and technical assistance to other public agencies and private persons, organizations and institutions engaged in activities and programs intended to eliminate prejudice and discrimination.
(d) Consult with and maintain contact with other public agencies and with representatives of employers, labor unions, property owners associations, realtor associations, religious denominations and institutions, professional associations, national origin groups, community organizations concerned with interracial, interreligious and intercultural understanding, social welfare organizations and such other private organizations and institutions as the Commission shall deem advisable to further the objectives of this ordinance.
(e) Cooperate with and make written recommendations to City and County agencies, boards and officers, as well as the agencies, boards or officers operating under State law within the City and County of San Francisco, towards the development and implementation of programs and practices for the purpose of furthering the objectives of this ordinance. The Commission and the affected agency, board or officer shall submit reports of progress in establishing and implementing such programs and practices as are from time to time requested by the Mayor through the chair of the Commission.
(f) Subject to the approval of the Mayor, request of any City and County agency, board or office information, services, facilities and any other assistance for the purpose of furthering the objectives of this ordinance. All such requests shall be promptly complied with by the affected agency, board or officer.
(g) Investigate and, with the assent of the parties, mediate all incidents of discrimination within the scope of this ordinance to the extent such functions are not within the exclusive responsibilities of the California Fair Employment Practices Commission or any federal or other State agency, and make specific and detailed recommendations to the interested parties as to the method of eliminating such discrimination. The Commission shall also be authorized to investigate complaints of discrimination brought by citizens involving agencies, boards or officers operating under State law within the City and County of San Francisco, and, where appropriate, to make written recommendations to said agencies or to represent citizens before said agencies.
(h) Prepare, encourage and coordinate programs of voluntary affirmative action to reduce or eliminate existing inequalities and disadvantages in the City and County resulting from past discriminatory practices.
(Amended by Ord. 599-82, App. 12/24/82; Ord. 433-94, App. 12/30/94; Ord. 278-96, App. 7/3/96; Ord. 255-99, File No. 991146, App. 10/8/99; Ord. 101-00, File No. 000476, App. 5/26/2000)
(a) There shall be established a council to be known as the Advisory Council on Human Rights (hereinafter called "Council"), representative of the following interests or groups: Employer, labor, racial, religious, ethnic, housing, appropriate governmental agencies, and such other as the Mayor shall deem advisable. The members of the Council shall be appointed by the Mayor to serve at his or her pleasure and shall not be subject to the residence requirements of the Charter. The Council shall advise the Commission and shall be authorized to mediate and conciliate, upon specific request by the Commission, and to perform such other functions as shall from time to time be deemed appropriate by the Commission.
Members of the council shall serve without compensation.
(b) The Commission may form such special committees within and without the Advisory Council as are necessary to assist the Commission in the solution of specific problems within the scope of its responsibilities. The members of such committees shall be appointed by the Mayor upon the recommendation of the Commission, and shall serve until released by the Mayor upon the recommendation of the Commission and shall be residents of the City and County of San Francisco.
Members of special committees shall serve without compensation.
(c) There shall be established a special committee of no fewer than three persons who are publicly identified with the lesbian/gay community or who have worked closely with such community. The members of the committee shall be appointed by the Commission and shall serve until released by the Commission. Members shall be residents of the City and County of San Francisco.
The committee shall address itself specifically to the identification and solution of problems associated with the lesbian/gay community, and shall file written reports thereon with the Commission.
Members of the committee shall serve without compensation and all meetings of the committee shall be public.
(d) The Board of Supervisors declares that individuals appointed to the Advisory Council on Human Rights and Special Committees created pursuant to this Section, and other advisory committees created to advise the Commission, are intended to represent and further the interests of Minority Business Enterprises, Woman Business Enterprises and Local Business Enterprises, and that such representation and furtherance will ultimately serve the public interest. Accordingly, the Board of Supervisors finds that for the purposes of persons who hold such office, the owners, officers, and employees of Minority Business Enterprises, Women Business Enterprises and Local Business Enterprises are tantamount to and constitute the public generally within the meaning of Section 87103 of the California Government Code.
(Amended by Ord. 540-82, App. 11/12/82; Ord. 180-91, App. 5/15/91)
The Commission shall consult with and maintain contact with the human relations officers and other appropriate officers of other communities in the Bay Area and shall cooperate in the development and implementation of intercommunity human relations programs to further the objectives of this ordinance. The Commission shall encourage the Association of Bay Area Governments to develop and implement similar programs.
(Added by Ord. 209-64, App. 7/24/64)
(a) It shall be an unfair practice for any person, firm, partnership, association or corporation engaged in the business of real estate development, purchase, sale and/or brokerage to commit intentionally any one or more of the following acts in the course of such business:
(1) Induce directly or indirectly or attempt to induce directly or indirectly the sale or listing for sale of real property by representing that a change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which said property is located.
(2) Induce directly or indirectly or attempt to induce directly or indirectly the sale or listing for sale of real property by representing that the residence or anticipated residence of any particular race, religious or ethnic group in the area will or may result in: (i) the lowering of property values; (ii) a change in the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located; (iii) an increase in criminal or antisocial behavior in the area; and (iv) a decline of the quality of the schools serving the area.
(3) Make any representation to any prospective purchaser that any block, neighborhood or area has undergone or will or might undergo a change with respect to the religious, racial or ethnic composition of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area.
(b) Nothing in this ordinance shall be construed to discourage any person, firm, partnership, association or corporation from engaging in legitimate business practices related to the purchase from or sale to persons of any actual or perceived race, religion, color, ancestry, age, sex, sexual orientation, physical disability, weight, height or place of birth, of real property in any neighborhood of this City and County, nor shall anything in this ordinance be construed as discouraging any person or family of whatever race, religion, color, ancestry, age, sex, sexual orientation, physical disability, weight, height or place of birth from seeking real property in any neighborhood of this City and County.
(Amended by Ord. 410-74, App. 8/28/74; Ord. 255-99, File No. 991146, App. 10/8/99; Ord. 101-00, File No. 000476, App. 5/26/2000)
(a) Upon the filing with the Commission of a verified written complaint by any person specifying in detail that an unfair practice, as defined in Section 12A.8 hereof, has occurred, the chair of the Commission, pursuant to regulations duly adopted by the Commission, shall designate one of the commissioners to make, with the assistance of the Commission's staff, a full and prompt investigation in connection therewith. If, upon such investigation, it is found that the person charged in the complaint has not engaged in or is not engaging in such unlawful practice, such finding, in writing, shall be filed with the Commission and the complaint shall be dismissed. If, upon such investigation, it is found that probable cause exists for the allegations made in the complaint, the chair of the Commission, pursuant to regulations duly adopted by the Commission, shall direct appropriate personnel to endeavor to eliminate the unfair practice charged in the complaint by means of conciliation and persuasion.
(b) In case of failure to eliminate the unfair practice by the means provided in Subsection (a) of this Section, the Commission shall review the matter and shall, by conciliation and mediation, endeavor to eliminate the unfair practice. The Commissioner who shall have previously made the investigation provided for in Subsection (a) of this Section shall not participate in any of the proceedings hereunder except as a witness and the aforesaid endeavors at conciliation shall not be received in evidence. In furtherance of such conciliation and mediation, the Commission may make specific recommendations to the parties involved, but such recommendations shall not constitute a decision, finding of fact, judgment or order of the Commission, or be binding upon or be admissible in any court in any subsequent proceeding brought under Subsection (f) of this Section.
In the performance of its duties under the provisions of this subsection, the Commission may require, by subpoena setting forth the specific nature of its inquiry, the attendance of any person and/or the production of any papers, documents or records under his or her control which are relevant and reasonably necessary to its activities. In case of the refusal of any person to attend or testify or produce any papers, documents or records required by a subpoena issued by the Commission, the Commission may proceed to petition for a court order pursuant to Section 1991 of the Code of Civil Procedure. All proceedings under this subsection shall be public.
(c) All evidence and information given to or obtained by the Commission in any proceedings under the provisions of Subsection (a) of this Section shall be confidential, and except as provided in Subsection (a) of Section 12A.11 of this ordinance no such evidence or information shall be divulged or revealed to any person other than parties to the proceedings, members of the Commission and its staff, and the City Attorney, or used against any person at any time by any member or employee of the Commission. Violation of this subsection shall constitute official misconduct and shall constitute cause for removal or discharge pursuant to Section 8.341 of the Charter of the City and County of San Francisco.
(d) The voluntary giving or furnishing of any information or evidence to the Commission in any proceedings under the provisions of this Section shall not constitute a waiver of any legal or constitutional privileges or defenses.
(e) If the party committing the unfair practice complies with the recommendations of the Commission, the matter shall be deemed settled and terminated and no other proceedings shall be had or taken.
(f) If the Commission is unable to eliminate the unfair practice, it may certify the matter to the City Attorney for appropriate legal action to eliminate such unfair practice. The Commission shall, at the time of certifying said matter, transmit to the City Attorney a copy of its findings and recommendations in such case. The City Attorney shall proceed in the name of the City and County no less than 20 and no more than 40 days after certification, to secure from an appropriate court an order enjoining the defendant from continuing or repeating such practice. If the Commission, prior to the commencement of the court proceedings, as a result of its effort of adjustment or otherwise, finds that the potential defendant is no longer engaging in the unfair practice described in its findings and has complied with the recommendations of the Commission, no such proceeding shall be instituted.
(g) In any court proceedings instituted by the City Attorney hereunder, the court shall hear and consider the matter as if it had never been before the Commission. There shall be no presumptions in favor of any prior action of the Commission, nor shall there be any presumption against a defendant arising out of said defendant's refusal to comply with any recommendation of the Commission. In such cases, the burden of proof shall be upon the City and County to establish by competent and substantial evidence that the defendant has violated this ordinance.
(Added by Ord. 209-64, App. 7/24/64)
The Commission shall issue such rules and regulations for the conduct of its business as are necessary to carry out the purpose of this ordinance. Those portions of such rules and regulations which govern public hearings by the Commission shall conform as nearly as practicable to pertinent sections of the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2, of California Government Code.
(Added by Ord. 209-64, App. 7/24/64)
The Commission shall render a written report of its activities to the Mayor and to the Board of Supervisors not less than once every three months. Such reports shall include:
(a) Case histories of conciliation settlements made under this ordinance, the disclosure of which, in the judgment of the Commission, will further the objectives of this ordinance, but such reports of case histories shall not include names or other facts which might clearly identify the parties involved, without the prior consent of the parties first obtained.
(b) Recommendations to the Mayor and the Board of Supervisors for the development of policies and procedures which will further the objectives of this ordinance.
(c) Recommendations to the Mayor and the Board of Supervisors for additional legislation deemed by the Commission to be necessary to carry out the purposes of this ordinance.
(d) Instances of discrimination by any agency, board or officer of this City and County which the Commission determines to have occurred subsequent to the issuance of its prior report.
(e) Recommendations of actions to be taken by any agency, board or officer of this City and County for the purposes of furthering the objectives of this ordinance.
(Added by Ord. 209-64, App. 7/24/64)
The Commission shall maintain and, subject to the limitations of Section 12A.9(c) of this ordinance, shall serve as the source of accurate and reliable data on practices, activities and other problems which are the subject of this ordinance.
(Added by Ord. 209-64, App. 7/24/64)
Nothing in this ordinance or the provisions thereof shall be construed as granting to an aggrieved individual any right to pursue a civil action against any person, firm, partnership, association, corporation or any agency, board or officer of this City and County.
(Added by Ord. 209-64, App. 7/24/64)
Any ordinance or part of any ordinance conflicting with the provisions of this ordinance hereby is repealed to the extent of such conflict.
(Added by Ord. 209-64, App. 7/24/64)
If any part or provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end the provisions of this ordinance are severable.
(Added by Ord. 209-64, App. 7/24/64)
All meetings of the Commission shall be public.
(Added by Ord. 209-64, App. 7/24/64)
(a) It is the official policy of the City and County of San Francisco that to the extent consistent with preemptive state and federal law, the City shall not discriminate in any of its programs, activities or services between members of the public with spouses and those with domestic partners. Nor shall the City discriminate between members of the public who are domestic partners and those who are spouses. This ordinance is intended to require all City departments to take steps to ensure that they are not discriminating in violation of the City's policy.
(b) Whenever a City board, commission, department, officer or agency issues a form that requires or requests information regarding or related to marital status, that form shall also include a separate inquiry field similarly requiring or requesting information regarding or related to domestic partner status.
(c) Every department preparing a form subject to this section shall inform the Human Rights Commission of their plan to implement the ordinance within six months of the effective date of the ordinance and shall allow the Human Rights Commission Director to audit, when necessary, the forms and to dictate changes solely for the purpose of ensuring consistency with the purpose of this ordinance.
(d) This ordinance is not intended to require any City department, agency or official to change a form where the change would conflict with preemptive State or federal laws.
(Added by Ord. 189-99, File No. 990744, App. 7/1/99)
(a) Creation of Office. There is hereby created the Office of Sexual Harassment and Assault Response and Prevention (“Office”), which shall be a division of the Human Rights Commission department under the authority and direction of the Executive Director of the Human Rights Commission.
(b) Powers and Duties of Office. The Office of Sexual Harassment and Assault Response and Prevention shall have the powers, and shall perform the duties, set forth in this subsection (b).
(1) The Office shall have the authority to receive complaints from any member of the public concerning the manner in which any City department has responded, or has failed to respond, to allegations that the complainant—or a person under the care or custody of the complainant—has been a victim of sexual assault or sexual harassment. The Office shall promptly confirm receipt of all such complaints, and shall work diligently to assist each complainant in navigating their way through City government. In particular, the Office shall work diligently to assist each complainant in contacting relevant City departments, and shall take all appropriate steps to encourage those City departments to respond fully and conscientiously to the complainant’s concerns. The Office shall treat each complainant with dignity, professionalism, and compassion. For purposes of this Section 12A.18, “City department” means any department, agency, office, or commission, or any other part of the government of the City and County of San Francisco. It includes, but is not limited to, the Police Department, the Office of the District Attorney, and the Department of Public Health.
(2) The Office shall have the power to compel the attendance of officers or employees from any City department at meetings with the complainant, and may require that the officers or employees who attend any such meetings have detailed knowledge of the complainant’s case. Attendance at such meetings shall be considered part of the officers’ and employees’ employment with the City, for which they shall be compensated. Such meetings shall be scheduled at reasonable times and locations that do not compromise the powers of the Office under this subsection (b)(2). Such meetings shall be held within two weeks of the Office’s request for a meeting, unless the Office, for good cause shown, waives this requirement.
(3) In any instance in which the Office determines that any City department, or any City officer or employee, has failed to perform a duty imposed by law in connection with a complaint of sexual assault or sexual harassment, or has promised to perform an act and has failed to perform the promised act, or has unreasonably failed to respond to the complainant’s or Office’s requests, or has otherwise not fully and conscientiously responded to the complainant’s or the Office’s concerns, the Office shall notify the relevant City department of such failure, in writing. If, after a reasonable period of time as determined by the Office, not to exceed six weeks, the relevant City department has not corrected such failure to the Office’s satisfaction, the Office shall report this failure, in writing, to the Mayor and the Board of Supervisors.
(4) In any instance in which the Office determines that there is a reasonable basis to believe that any City officer or employee should be subject to any form of discipline, the Office shall have the power to refer that officer or employee to any appropriate disciplinary authority, which may include, but is not limited to:
(A) The officer or employee’s appointing authority;
(B) The Department of Human Resources; and,
(C) For uniformed members of the Police Department, the Department of Police Accountability.
Any City department that receives a referral from the Office shall promptly open an investigation into the conduct for which the Office has referred the City officer or employee.
(5) The Office shall have the power to require any City department to report, at times and in the manner of the Office’s reasonable choosing, aggregated or otherwise de-identified information concerning that department’s handling of allegations of sexual assault and sexual harassment. Such information may include, but is not limited to, the number of open cases involving allegations of sexual assault and sexual harassment; the number of such cases resolved in particular time frames; the ways in which such cases were resolved, and related information (including, but not limited to, information about the age and number of cases reaching each particular kind of resolution); the average time it takes the department to resolve each such case; information about the number and age of unresolved cases; and the number and substance of complaints the department has received (from members of the public, the Office, or any other source) regarding the department’s handling of allegations of sexual assault and sexual harassment. The Office may request assistance from the Controller in obtaining the information described in this subsection (b)(5), and the Controller shall cooperate with any such requests.
(6) The Office shall, at such times and in such ways as the Office deems most effective, engage with members of the community (including, but not limited to, community organizations dedicated to preventing or redressing sexual assault or sexual harassment) and with other entities in City government (including, but not limited to, the Department on the Status of Women and any Sexual Assault Response Team that may be established pursuant to Sections 13898-13898.2 of the California Penal Code) to explore ways in which the City can improve its efforts to combat sexual assault and sexual harassment. The Office shall develop recommendations for improving the City’s efforts to combat sexual assault and sexual harassment (including, but not limited to, recommendations regarding education and training for City officers and employees who handle allegations of sexual assault and sexual harassment), and shall make reports about such recommendations to relevant City departments, the Mayor, and the Board of Supervisors. Such reports shall include, but are not necessarily limited to, an annual report to the Mayor, the Board of Supervisors, and all relevant City departments. In developing such recommendations, in collaboration with the Department on the Status of Women, the Office shall consider, and seek to build upon, previous recommendations developed the Department on the Status of Women.
(7) In addition to the other reports described in this subsection (b), the Office shall make regular reports to the Human Rights Commission. Subjects addressed by these reports may include, but are not limited to, the Office’s activities, the City’s efforts to combat sexual assault and sexual harassment, and proposed recommendations for improving the City’s efforts to combat sexual assault and sexual harassment (including, but not limited to, proposed recommendations regarding education and training for City officers and employees who handle allegations of sexual assault and sexual harassment).
(8) In fulfilling the powers and duties described in this subsection (b), the Office shall maintain the confidentiality of information required by law to be kept confidential, and shall respect the complainant’s wishes for confidentiality to the maximum extent permitted by law. Nothing in this subsection (b)(8) shall otherwise restrict the City’s ability to maintain the confidentiality of information where such confidentiality is permitted (but not required) by law.
(c) Appointment of Director. The Executive Director of the Human Rights Commission (“Executive Director”) shall appoint the Director of the Office. Before the Executive Director appoints a Director of the Office, the Executive Director shall first solicit recommendations regarding potential candidates from a three-member advisory committee, to be appointed by the Executive Director. One member of this advisory committee shall be a sexual-assault survivor, another member of the committee shall be a person who has engaged in community-based advocacy on behalf of survivors of sexual assault or sexual harassment, and the remaining member shall be an academic whose scholarship has focused on issues relating to sexual assault or sexual harassment. The advisory committee shall be empowered to review applications, interview applicants, and recommend that the Executive Director appoint particular candidates for the Director position. The Executive Director shall consider any recommendations made by the advisory committee, but nothing in this subsection (c) shall be construed to interfere with the Executive Director’s authority to appoint the Director. The Director shall possess the qualifications of a “sexual assault counselor” within the meaning of Section 1035.2 of the California Evidence Code. If the Director does not already possess the qualifications of a “sexual assault counselor” within the meaning of Section 1035.2 of the California Evidence Code at the time of appointment, the Director shall undergo at least 40 hours of training as a sexual assault counselor, in a manner consistent with Section 1035.2(a)(2) of the California Evidence Code, within one year of appointment.
(d) Composition of Office. Subject to the budgetary and fiscal provisions of the Charter, the Office shall be staffed by no fewer than the equivalent of three full-time employees; for purposes of this requirement, the Director of the Office may be counted as the equivalent of a full-time employee. At least one full-time employee, other than the Director, shall be responsible for interacting directly with individual survivors of sexual assault and sexual harassment, and their advocates, to receive and resolve individual complaints, consistent with subsections (b)(1)-(4). At least one other full-time employee, other than the Director, shall be responsible for engaging with community-based organizations and City departments to gather information, produce reports, and promote systemic change in the City’s policies and practices towards sexual assault and sexual harassment, consistent with subsections (b)(5)-(7). All employees of the Office shall, to the extent permitted by law, promptly receive sufficient education or training to qualify as “sexual assault counselors” within the meaning of Section 1035.2 of the California Evidence Code, if they do not already qualify as sexual assault counselors at the time of appointment.
(e) Powers and Duties of Human Rights Commission. With respect to the work of the Office, the Human Rights Commission shall hold all the powers and duties set forth in Section 12A.5 of this Administrative Code and Section 4.102 of the City Charter. This includes, but is not limited to, the power to hold public hearings on any subject relevant to the Office. In holding any such public hearing, the Commission shall maintain the confidentiality of information required by law to be kept confidential, and shall respect a complainant’s wishes for confidentiality to the maximum extent permitted by law, in a manner consistent with subsection (b)(8).
(f) Services Available to City Employees. For purposes of subsection (b)(1), “member of the public” does not include a City employee interacting with the City in its capacity as an employer. Complaints arising out of the employment relationship between the City and its employees are excluded from this Section 12A.18, and shall instead be governed by Charter Section 10.103, which provides that the City’s Human Resources Director shall review and resolve allegations of discrimination against employees or applicants, and shall investigate all employee complaints concerning job-related conduct of City employees. This authority under Charter Section 10.103 includes enforcement of the City’s policies and procedures for handling employee complaints of sexual assault or sexual harassment, including, but not limited to, policies or procedures established or administered by the Department of Human Resources, determinations by the Human Resources Director under Charter Section 10.103, and appeals to the Civil Service Commission. Nothing in this subsection (f) shall prevent City employees from submitting, on the same terms as other members of the public, complaints arising out of the City’s handling of a criminal investigation or other criminal-justice functions.
(g) Language Access. The Office shall comply with Chapter 91 of the Administrative Code, the Language Access Ordinance.
(h) Construction with Other Laws. Nothing in this Section 12A.18 shall be construed to conflict with any State or Federal law, or with any provision of the City Charter. In particular, nothing in this Section shall be construed to interfere with the investigative and prosecutorial functions under State law of the District Attorney and the Sheriff, or to compromise the rights of peace officers under California Penal Code Section 832.7 or the Public Safety Officers Procedural Bill of Rights Act, California Government Code Sections 3300 et seq.
(i) Undertaking for the General Welfare. In enacting and implementing this Section 12A.18, the City 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.
(j) Severability. If any section, subsection, sentence, clause, phrase, or word of this Section 12A.18, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Section. The Board of Supervisors hereby declares that it would have enacted this Section, including each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional, without regard to whether any other portion of this Section or application thereof would be subsequently declared invalid or unconstitutional.
(a) Definitions. For purposes of this Section 12A.19, the following definitions shall apply:
“People of Color” means an inclusive and unifying term for persons who do not identify as White, who have been historically and systemically disadvantaged by institutionalized and interpersonal racism.
“Race” means a social and political construct that artificially divides people into distinct groups based on characteristics such as physical appearance (particularly color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic, and political needs of a society at a given period of time. Racial categories subsume ethnic groups.
“Racial Disparity” means a condition where one racial group systemically and disproportionately experiences worse outcomes in comparison to another racial group or groups. Racial Disparities may occur in a range of areas, including but not limited to education, employment, wealth, policing, criminal justice, health, transportation, housing, and homelessness.
“Racial Equity” means the systematic fair treatment of people of all Races that results in equal outcomes, while recognizing the historical context and systemic harm done to specific racial groups.
“Racial Equity Action Plan” means a process and strategic plan for a City department, guided by the citywide Racial Equity Framework, to enact institutional and structural change to achieve Racial Equity. A Racial Equity Action Plan shall include Racial Equity indicators to measure current conditions and impact, outcomes resulting from changes made within programs or policy, and performance measures to evaluate efficacy, that demonstrate how a City department will address Racial Disparities within the department as well as in external programs.
“Racial Equity Framework” means a document outlining the City’s vision, goals, and overarching strategies to address structural Racism and Racial Disparities, and advance Racial Equity in the City, with a focus on the work of City government. It should provide guidelines for addressing implicit and explicit bias, addressing individual, institutional, and structural Racism, and advocating for more inclusive policies and practices that reduce Racial Disparities and promote Racial Equity. The Racial Equity Framework shall set forth a vision for Racial Equity in the City and include goals and strategies to advance Racial Equity and address structural Racism and Racial Disparities. The Framework shall also include metrics by which departments, through the ensuing Racial Equity Action Plans, can measure performance to address racial disparities within the department’s workforce, service provision, grants, and contracts.
“Racial Equity Report Card” means an assessment measured in public data to provide a snapshot or similar indicator of Racial Disparities that exist across the City in specific areas such as but not limited to education, employment, wealth, policing, criminal justice, health, transportation, environment, housing, and homelessness.
“Racial Reconciliation” means a multi-method approach using facilitated dialogue and restorative justice processes, and possibly other tools, to build trust and bridge divides while publicly acknowledging past wrongs created by individual and systemic Racism, and addressing the present consequences.
“Racism” means racial prejudice and/or discrimination, which may be supported intentionally or unintentionally by institutional power and authority, used to the advantage of one or more Races and the disadvantage of one or more other Races.
(b) Creation of the Office of Racial Equity. There is hereby created the Office of Racial Equity (“Office”), which shall be a division of the Human Rights Commission Department under the authority and direction of the Executive Director of the Human Rights Commission.
(c) Mission and Purpose. The purpose of the Office is to advance Racial Equity in the City and repair harm done by government policy decisions that have created, upheld, or exacerbated Racial Disparities in the City. The Office will achieve this goal through policy analysis and development, data collection and analysis, and support and accountability for City departments. The Office will address structural Racism that limits opportunities for and impacts the wellbeing of People of Color in the City. The Office will provide leadership and coordination to facilitate training, accountability, planning and evaluation tools, policy direction, and solutions to achieve Racial Equity within City government and across the City. The Office will work with City departments to eliminate Racial Disparity in City policies, processes, decisions, and resource allocations, and will work with other governmental entities, private businesses, non-government organizations, academia, and community members to achieve measurable results reducing disparities within the City and throughout the community. The Office will work to resolve policy issues rooted in racial bias and discrimination, including examining through an intersectional lens, how Racial Disparities engage with disparities by gender, class, sexuality, and more, through research, education, and policy interventions. The Office will work with community partners to promote Racial Equity and inclusion within the City and throughout the region, producing measurable improvements and disparity reductions.
(d) Powers and Duties of the Office. The Office shall have the powers, and shall perform the duties, set forth in this subsection (d).
(1) Racial Equity Framework. The Office shall develop a Racial Equity Framework for the City to be submitted to the Board of Supervisors no later than June 30, 2020, for consideration and possible adoption. The Racial Equity Framework shall be updated and resubmitted to the Board of Supervisors for possible approval at least every three years thereafter.
(2) Departments’ Racial Equity Action Plans. The Office shall oversee the development of each City department’s Racial Equity Action Plan and shall review and provide necessary input to the department during development and implementation. The Office shall issue guidance to City departments concerning the development process and content to include in Racial Equity Action Plans and the content to include in the annual reports on progress under the Racial Equity Action Plans required by subsection (e).
(3) Racial Equity Report Card. The Office shall publish a biennial Racial Equity Report Card on the status of Racial Equity and indicators of success by Race in the City in seven areas: (A) wealth, employment, and economic security, (B) transportation, (C) housing, land use, and homelessness, (D) education, (E) health, (F) policing and criminal justice, and (G) environment. The Report Card is designed to measure indicators by Race for San Francisco as a whole in the above areas and is not limited to City government performance. The Office may partner with the Controller’s Office, other City departments, or, consistent with the civil service provisions of the Charter, an academic or non-profit policy institution to create the Report Card. The Office shall submit the first Report Card to the Mayor and the Board of Supervisors no later than December 31, 2021.
(4) Analysis of Pending Ordinances. After January 1, 2021, the Office shall analyze and report on ordinances introduced at the Board of Supervisors in the areas of housing/land use, employment, economic security, public health and public safety that may have an impact on Racial Equity or Racial Disparities. The Clerk of the Board of Supervisors shall refer all such ordinances to the Office within eight days of introduction. The Office may request that the Clerk of the Board of Supervisors refer an ordinance to the Office. The Office shall prepare a report concerning the ordinance that includes an analysis of whether the proposed ordinance would promote Racial Equity by helping to close opportunity gaps for communities of color, or impede Racial Equity by furthering Racial Disparities. The Office may solicit assistance from other City departments, and, consistent with the civil service provisions of the Charter, other experts or professionals as may be appropriate. The Office shall submit its report to the Board of Supervisors within 30 days of receiving the ordinance from the Clerk of the Board of Supervisors, or prior to the consideration of the ordinance by a committee of the Board of Supervisors or the full Board of Supervisors, whichever occurs sooner.
(5) Racial Reconciliation. The Office shall develop a process of Racial Reconciliation to publicly address the specific needs of a racial group and its community and culture. The process shall engage City stakeholders and community members to address the root causes of racial inequities and divisions and ensure that the Racial Equity Framework, departments’ Racial Equity Action Plans, and any other steps taken are centered on a model of healing-informed governing for Racial Equity, to repair historical harm done by government-sanctioned actions.
(6) Development of Policy Priorities for Racial Equity. The Office shall work to identify existing policies and practices in the City that contribute to, uphold, or exacerbate Racial Disparities or lead to barriers to opportunities for communities of color, and shall develop legislative priorities to address these disparities, to be recommended to the Mayor and Board of Supervisors.
(7) Departmental Strategies for Racial Equity. The Office shall support capacity building and provide technical assistance for City departments to invest in strategies for Racial Equity, including: employee training and support, convening of City department meetings concerning Racial Equity, development of Racial Equity programming, and assisting departments with changes to departmental policies and practices to improve Racial Equity outcomes.
(8) Budget Equity Assessment Tool. The Office shall create a budget equity assessment tool for City departments to use in order to determine whether budget requests and annual allocations benefit or burden communities of color. The Office shall develop this Assessment tool to be submitted for possible approval by the Board of Supervisors, by December 31, 2021.
(9) Public Accountability and Transparency. In addition to ensuring that City departments are abiding by the requirements of this Section 12A.19 and providing for public access to any plans or reports referenced, the Office shall hold itself to a high standard of public transparency. The Office shall abide by principles of integrity, inclusivity, transparency, all with the ultimate aim of creating bold change for Racial Equity in San Francisco. The Office shall provide monthly reports to the Human Rights Commission on the Office’s work and activities. The Office shall prioritize regular engagement with community stakeholders and residents impacted by systemic racism, to collect input into the process and to guide the development of the Office’s work and plans.
(e) Racial Equity Action Plans and Annual Reports. Each City department shall develop a Racial Equity Action Plan in alignment with the Racial Equity Framework. By December 31, 2020, each City department shall submit its Racial Equity Action Plan to the Office, the Mayor, and the Board of Supervisors, and shall post it on the department’s website. The Racial Equity Action Plan shall include internal metrics concerning the department’s plans to achieve equity within the department and external metrics concerning the department’s services to the public. Departments may consider ways of measuring equity outcomes in hiring and promotional opportunities as well as contracts and provision of services. Prior to submission of these plans, departments shall present them publicly, through the department’s commission or other oversight or advisory body. If a department does not have a commission, or other oversight or advisory body, the Office may convene a public meeting for presentation of the department’s Plan. The Racial Equity Action Plans shall be updated by December 31 every three years thereafter. City departments shall integrate the Racial Equity Action Plan into departmental strategic plans. Beginning in 2022, each department shall prepare an annual report on the department’s progress towards goals set forth in the Racial Equity Action Plan. The annual report shall include relevant data on the status of Racial Equity in the department’s workforce and its provision of services to the public, including both direct services as well as services provided through grants and contracts. Each department shall submit its annual report to the Office, the Mayor, and the Board of Supervisors by March 1 for the preceding calendar year. The Board of Supervisors shall consider the annual reports in connection with the budget process. If a department is not compliant with regards to the Action Plan and annual reports, or if progress is not being made to address key Racial Equity disparities, the Board of Supervisors intends to exercise its discretion to withhold spending authority or freeze hiring during the budget process for the following fiscal year.
(f) Department Racial Equity Leaders. Each City department shall designate at least one staff person to serve as a “racial equity leader,” to coordinate the department’s Racial Equity strategy, Racial Equity Action Plan, and programs. Each City department with an annual budget over $10 million shall designate at least one staff person per departmental division, and submit a staffing plan to the Office to ensure sufficient capacity, to coordinate the department’s Racial Equity strategy, Racial Equity Action Plan, and relevant programs. Department leadership must consider existing duties for racial equity leaders so that this responsibility is not in addition to existing duties without adjustment of work responsibilities. Each City department with more than one racial equity leader shall develop internal systems to ensure communication about the department’s Racial Equity strategy, Racial Equity Action Plan, and programs, and coordination with the Office of Racial Equity. Department heads and designated department senior management shall engage with and support the racial equity leaders in the development of the above measures, to ensure these measures and outcomes are a priority for the department. The Office shall provide ongoing training for racial equity leaders. Racial equity leaders shall not be retaliated against for advancing plans to address racial disparities within the department’s operations or service provision.
(g) Annual Workforce Report. The Department of Human Resources, with support from the Office and the Office of the Controller, shall release an annual report concerning Racial Equity in the City government workforce. The report shall include an analysis of the status of City employees by race, including current employees, new hires, applicant pools (to the extent available), promotions, classifications, salaries, civil service and exempt positions, disciplinary actions, probationary releases, medical separations, and complaints regarding racial discrimination, and retaliation in the workplace along with their status and disposition. The data in the Workforce Report shall be disaggregated by race, sub-ethnicity, gender, and department, except to the extent disaggregation would violate any employee’s right to privacy. In addition, data will be disaggregated by city of residence for current employees, applicants, promotions, new hires, classifications and salaries. The Department of Human Resources shall complete the first report by March 1, 2020, and shall submit it to the Office, the Mayor, and the Board of Supervisors. After the initial report, annual Workforce Reports shall be released publicly and in conjunction with the department annual reports released on March 1 of each year as outlined in subsection (e). Nothing in this subsection (g) requires the Department of Human Resources to release information that would violate any employee’s right to privacy or any applicable law.
(h) Contracts Report. The Controller’s Office and the City Administrator, with support from the Office, shall develop processes and systems to gather and report on racial and gender equity in City contracting. No later than June 30, 2020, the offices shall submit to the Mayor and Board of Supervisor an implementation plan to achieve this goal, including project timelines, costs, and the ability to disaggregate data by contract type, level of contracting, and race, sub-ethnicity and gender.
(i) Evaluation of Office. Five years after the creation of the Office, the Controller shall conduct an evaluation of the Office with the intent to determine whether the existing structures and staffing are sufficient and how the Office can most effectively to achieve its mission and objectives.
(j) Composition of Office. Subject to the budgetary and fiscal provisions of the Charter, the Office shall be staffed by a Director and no fewer than four other full time employees.
(k) Powers and Duties of Human Rights Commission. With respect to the work of the Office, the Human Rights Commission shall hold all the powers and duties set forth in Section 12A.5 of this Administrative Code and Section 4.102 of the City Charter. This includes, but is not limited to, the power to hold public hearings on any subject relevant to the Office.
(l) Undertaking for the General Welfare. In enacting and implementing this Section 12A.19, the City 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.
(m) Severability. If any section, subsection, sentence, clause, phrase, or word of this Section 12A.19, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Section. The Board of Supervisors hereby declares that it would have enacted this Section, including each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional, without regard to whether any other portion of this Section or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 188-19, File No. 190547, App. 8/9/2019, Eff. 9/9/2019)