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(a) This Ordinance shall be known as the "Safe San Francisco Civil Rights Ordinance."
(b) The City and County of San Francisco, including but not limited to the San Francisco Police Department, may assist federal agencies on the Federal Bureau of Investigation ("FBI" ) Joint Terrorism Task Force or any successor task force, joint operation, assignment or enforcement activity (collectively, "JTTF") in preventing and investigating possible acts of terrorism and other criminal activity only in a manner that is fully consistent with the laws of the State of California, including but not limited to the inalienable right to privacy guaranteed by Article 1, Section 1 of the California Constitution, as well as the laws and policies of the City and County of San Francisco and, as applicable to the Police Department, that Department's policies, procedures, and orders.
(c) Before execution of any Memorandum of Understanding or other written agreement, contract or arrangement (collectively, "MOU") between the San Francisco Police Department and the FBI regarding the Police Department's participation on the JTTF, or any amendment to an existing MOU with the FBI regarding the JTTF, the Chief of Police shall submit the proposed MOU and any related Department General Orders or Bureau Orders for discussion and public comment at an open meeting of the Police Commission.
(d) By January 31 of each year, the Chief of Police shall provide to the Police Commission a public report with appropriate public information on the Police Department's work with the JTTF in the prior calendar year, including any issues related to compliance with this Section.
The several ranks or positions in the Department shall be as follows: Chief of Police, captains, criminologists, lieutenants, inspectors, sergeants, assistant inspectors, police surgeon, police officers, police patrol drivers and women protective officers, and such other ranks or positions as the Police Commission may from time to time create as provided for in Section 2A.76 of this Code.
(Added by Ord. 320-96, App. 8/8/96)
The Police Commission shall by rule and subject to the fiscal provisions of the Charter, have power to create new or additional ranks or positions in the Department which shall be subject to the civil service provisions of the Charter; provided that the Police Commission subject to the recommendation of the Civil Service Commission and the approval of the Board of Supervisors may declare such new or additional ranks or positions to be exempt from the civil service provisions of the Charter. If the Civil Service Commission disapproves any such exemption, the Board of Supervisors may approve such exemptions by a majority vote of the members thereof.
The Police Commission may in their discretion designate the rank or ranks from which appointments to such exempt ranks or positions shall be made. The Chief of Police may appoint to any non-civil service rank or position above the rank of captain as may be created hereunder Department or any member of the Police Department who has had supervisory experience over other sworn law enforcement officers. If any new or additional rank or position is created pursuant hereto pending the adoption of salary standards for such rank or position, the Police Commission shall have power to recommend the basic rate of compensation therefor to the Board of Supervisors who shall have the power to fix the rate of compensation for said new rank or position and it shall have the power, and it shall be its duty without reference or amendment to the annual budget, to amend the annual appropriation ordinance and the annual salary ordinance to include the provisions necessary for paying the basic rate of compensation fixed by said Board of Supervisors for said new rank or position for the then current fiscal year.
The Police Commission shall also have power to establish and from time to time change the order or rank of the non-civil service ranks in the Police Department.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 44-99, App. 3/26/99; Ord. 218-09, File No. 091031, App. 10/29/2009)
Notwithstanding the requirements in Section 2A.76. the Chief of Police may appoint to any non-civil service rank above the rank of captain any sworn law enforcement officer who has had supervisory experience over other sworn law enforcement officers in any federal, state or local agency that employs sworn law enforcement officers, provided however that no more than one such officer may hold an appointment at any one time.
The authority to make appointments under this Section 2A.76-1 shall expire five years from the effective date of this ordinance. The expiration of the authority that this Section creates shall not terminate or otherwise affect any appointment that the Chief of Police made under this Section.
(Added by Ord. 218-09, File No. 091031, App. 10/29/2009)
Subject to the provisions of the Charter governing the appointment and removal of non-civil service appointees, and without competitive examination, the Chief of Police shall have power to appoint a police surgeon; to appoint any person who meets the qualification in Section 2A.76 or 2A.76-1 to any non-civil service rank above the rank of captain as may be created by the Police Commission pursuant to the provisions of Section 2A.76 of this Code; and to appoint a member to any non-civil service rank below the rank of captain as may be created by the Police Commission pursuant to the provisions of Section 2A.76 from among the members of the Department holding the rank or ranks designated by said commission pursuant to the provisions of Section 2A.76 of this Code. When any member of the Department, detailed to any of the positions above mentioned, shall be removed from said detail or position, he or she shall be returned to his or her civil service rank and position, unless removed from the Department pursuant to the provisions of Section A8.343 of the Charter.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 45-99, App. 3/26/99; Ord. 218-09, File No. 091031, App. 10/29/2009)
Assignment to the ranks of assistant inspector and inspector in the Police Department shall be made by the Chief of Police from among those members of said Department holding the ranks of sergeant or police officer who have qualified in the following manner; any of the aforesaid members of the Police Department who has served in the Department not less than three years shall be eligible to participate in a competitive examination for the rank of assistant inspector which shall be administered by the Civil Service Commission. The Chief of Police shall appoint assistant inspectors to fill vacancies in the rank of assistant inspector from the certified list of qualified candidates as provided for under the Civil Service Rules pertaining to uniformed personnel of the Police Department. If any member of the Department appointed as an assistant inspector is a sergeant at the time of the appointment or is appointed a sergeant thereafter, that member shall receive the rate of compensation attached to the rank of sergeant.
Assistant inspectors shall serve a six-month probationary period. Appointment as inspector shall not be subject to competitive examination. In case of vacancy in said rank of inspector the appointment shall be made by the Chief of Police from among those holding the rank of assistant inspector who have actually served as assistant inspector for at least two years prior to such appointment; provided, however, that in the event there are no assistant inspectors who have actually served as such for at least two years prior to such appointment, the appointment may be made by the Chief of Police from among those holding the rank of assistant inspector who have completed their six months' probationary period prior to such appointment. The Chief of Police may, from time to time, detail members of the Department for performance of duty, without change in rank, in the various units and bureaus of the Department.
Inspectors and assistant inspectors shall have the same rights as other members of the Department to take competitive examinations from their respective civil service ranks; provided, however, that any member of the Department holding the rank of inspector, assistant inspector or police officer may take the competitive examination for the rank of sergeant. An inspector or assistant inspector guilty of any offense or violation of the rules and procedures of the Police Department shall be subject to punishment as provided in Charter Section A8.343; provided, however, that in addition to the punishments set forth in Section A8.343, an inspector may be demoted to his or her civil service rank for any offense or violation set forth in said section and after trial and hearing before the Police Commission as set forth therein.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 202-01, File No. 010762, App. 9/28/2001)
The Chief of Police shall have the power, by regulation, to provide for the care and restitution of property that may come into possession of any officer or employee thereof, and the sale at public auction of all such unclaimed property, as well as the disposition of such property as shall consist of weapons or articles used or that may be used in the commission of crime, or the sale or disposition of which is prohibited by law.
The Chief of Police may refuse to issue any permit that is subject to Police Department investigation and issuance, if it shall appear that the character of the business or the applicant requesting such permit does not warrant the issuance thereof, or the Chief of Police may revoke any such permit as soon as it shall appear that the business or calling of the person to whom it was granted is conducted in a disorderly or improper manner, or that the place in which the business is conducted or maintained is not a proper or suitable place in which to conduct or maintain such business or calling.
The Chief of Police in the performance of police duties shall have power to examine at any time the books and the premises of pawnbrokers, peddlers, junk and secondhand dealers, auctioneers and other businesses designated by the Board of Supervisors, and for these purposes shall have the power of inquiry, investigation and subpoena, as provided by the Charter.
(Added by Ord. 320-96, App. 8/8/96)
The traffic function of the Police Department shall be under the jurisdiction of the Chief of Police, who shall have powers and duties relating to street traffic, subject to all applicable laws, as follows:
(a) To regulate all street traffic by means of police officers and the emergency use of temporary signs or devices;
(b) To promote traffic safety education and to receive and give prompt attention to complaints in relation to street traffic and to refer all complaints relating to or arising from street design or from traffic devices, or the absence thereof, to the Department of Public Works or the Municipal Transportation Agency, as applicable;
(c) To collect and compile traffic accident data, copies of which shall be furnished to the Municipal Transportation Agency; and
(d) To cooperate and advise for the best performance of these functions, with the Department of Public Works, the Municipal Transportation Agency, the Fire Department, the Department of City Planning, the Board of Supervisors, and other departments and agencies of the City and County and of the State as may be necessary
(e) To review all proposed plans relating to traffic control devices that are received from the Municipal Transportation Agency and to make such recommendations to that Agency as may be deemed necessary for the proper regulation of street traffic.
The powers and duties of the Chief of Police with respect to these traffic functions shall not modify to any extent the powers and duties of any other department or office, but shall be, first for the purpose of assisting the Chief of Police in his or her regulation of traffic, and, second, for the purpose of recommendation only, to other departments or offices upon matters within their jurisdiction, but affecting to any extent the regulation of traffic.
(Added by Ord. 320-96, App. 8/8/96; Ord. 287-08, File No. 081340, App. 12/5/2008)
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