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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
CHAPTER 16:
OFFICERS AND EMPLOYEES GENERALLY
 
Article
IN GENERAL
VACATIONS
RETIREMENT
RESIGNATIONS OF CITY OFFICERS
SALARY AND WAGE DEDUCTIONS
ACCIDENT PREVENTION
BONDING OF CITY OFFICERS AND EMPLOYEES
DISABILITY BENEFITS
EMPLOYEE RELATIONS
EMPLOYEE DEFERRED COMPENSATION PLAN
EMPLOYEE UNIFORMS
CONSIDERATION OF CRIMINAL HISTORY OF PEOPLE APPLYING FOR OR SERVING ON CERTAIN CITY BOARDS, COMMISSIONS, AND OTHER BODIES
ELECTION OF TRUSTEES FOR THE RETIREMENT BOARD AND HEALTH SERVICE BOARD AND RETIREE HEALTH TRUST FUND BOARD
HEALTH SERVICE SYSTEM
EMPLOYEE CAFETERIA PLAN
 
ARTICLE I:
IN GENERAL
 
Military Leaves – Payment of Salaries for Thirty-Day Period.
Military Leaves – Authorized for Sea Duty Aboard Government Operated Ships.
Hours of City Offices.
Indigenous Peoples Day.
Italian American Heritage Day.
Cesar Chavez Day.
Representation of City and County in Certain Organizations – Memberships in Organizations Authorized.
Representation of City and County in Certain Organizations – Representatives at Meetings – Voting Contrary to City Policy.
Reimbursement for Funeral Costs.
Employee Regional Disaster Support Program.
Peace Officer Training.
Duties of Interns.
Hold Harmless Clause.
Equal Employment Opportunity Plans.
Sexual Harassment Policy.
Lactation in the Workplace Policy.
Harassment Prevention Training and Reporting.
Implicit Bias Training and Reporting.
T. J. Anthony Employee Catastrophic Illness Program – Transfer of Sick Leave and Vacation Credits to Individual Catastrophically Ill Employees or a Pool of Catastrophically Ill Employees.
Program for Employees with Catastrophically Ill Family Members – Transfer of Vacation Credits to Individual Employees with a Catastrophically Ill Family Member.
State Disability Insurance Program Enrollment.
 
SEC. 16.1.  MILITARY LEAVES – PAYMENT OF SALARIES FOR THIRTY-DAY PERIOD.
   Any officer or employee of the City and County or any non-certificated officer or employee of the Unified School District of the City and County who, in accordance with the rules of the Civil Service Commission, is granted military leave for service in the Armed Forces of the United States or the State and who has been in the employ of the City and County or the Unified School District for a period of not less than one year continuously prior to the date upon which such military leave begins, shall be granted his regular salary or compensation while on such leave for a period not to exceed 30 calendar days in any fiscal year nor for more than 30 calendar days in any period of continuous military leave.
   The Civil Service Commission is authorized to adopt and enforce rules and regulations to carry out the meaning and intent of this Section.
(Ord. No. 6285(1939), Secs. 1, 2)
SEC. 16.2.  MILITARY LEAVES – AUTHORIZED FOR SEA DUTY ABOARD GOVERNMENT OPERATED SHIPS.
   Subject to rules of the Civil Service Commission, leaves of absence shall be granted to officers and employees of the City and County and to noncertificated officers and employees of the Unified School District for sea duty as licensed officers aboard ships operated by or for the United States government. The duration of such leaves of absence, under such Civil Service Commission rules, shall be limited to the period of any emergency declared by the president of the United States or by the Congress, or to the life of any act authorizing compulsory military service or training.
(Ord. No. 6644(1939), Sec. 1; amended by Ord. 149-00, File No. 000696, App. 6/30/2000)
SEC. 16.3. HOURS OF CITY OFFICES.
   (a)   Except where otherwise provided by law, all public offices shall be open for business every day, except legal holidays other than days on which an election is held throughout the State, from 8:30 a.m., until 5:00 p.m., except where additional hours are set for the department by the department head.
   (b)   The offices of the City and County shall be closed on Saturday of each week during the year, except where otherwise determined by the department head.
(As Sec. 16.4 by Ord. No. 6896(1939), Sec. 1; amended by Ord. 287-96, App. 7/12/96; Ord. 438-96, App. 11/8/96; Ord. 149-00, File No. 000696, App. 6/30/2000; redesignated by Ord. 16-18, File No. 171138, App. 2/9/2018, Eff. 3/12/2018)
SEC. 16.4.  INDIGENOUS PEOPLES DAY.
   (a)   Findings.
      (1)   Indigenous peoples have lived upon this land since time immemorial. The City and County of San Francisco recognizes that the original inhabitants of the area now known as San Francisco were the Ramaytush Ohlone and that other neighboring tribes, like the Chochenyo Ohlone, Tamyen Ohlone, Karkin, Bay Miwok, Coast Miwok, and Patwin lived in the surrounding Bay Area. Despite the near decimation of indigenous peoples due to colonization and genocide, descendants of the original peoples continue to live in the Bay Area. The City especially recognizes and supports the campaign of the Muwekma Ohlone to become federally recognized, as reflected in Resolution No. 489-02.
      (2)   San Francisco has a responsibility to oppose the systematic racism towards indigenous peoples in the United States, which perpetuates high rates of poverty and income inequality, exacerbates inequities in health and education, and contributes to numerous other social crises among Native Americans.
      (3)   San Francisco recognizes the historic discrimination and violence inflicted upon indigenous peoples in the United States, including their forced removal from ancestral lands, and the deliberate and systematic destruction of their communities and culture. As a result of this forced removal, San Francisco has become home to one of the largest populations of urban Indians in the nation. The City values the progress our society has accomplished through their many contributions.
      (4)   In 1977, a movement began to replace the Columbus Day holiday with a celebration known as Indigenous Peoples Day to recognize and commemorate the contribution of indigenous peoples to the United States and to condemn the atrocities that were committed against them. In 1992, the City of Berkeley, California became the first city to officially declare October 12 a “Day of Solidarity with Indigenous People” and symbolically renamed Columbus Day “Indigenous Peoples’ Day.” Since then, several states, cities, and towns have followed suit.
      (5)   The San Francisco Human Rights Commission adopted and published a report titled “Discrimination by Omission,” written by a Native American Taskforce in 2007, that called for the City to recognize Indigenous Peoples Day.
   (b)   The second Monday in October each year shall be known as Indigenous Peoples Day. All official City communications, notices, calendars, and other publications, whether electronic or paper, shall refer to that day as Indigenous Peoples Day rather than Columbus Day.
   (c)   This Section 16.4 does not affect the recognition or non-recognition of the second Monday in October as a holiday for City departments and employees.
   (d)   Nothing in this Section 16.4 shall prohibit the City from providing funds or support to events that commemorate or celebrate the holiday using the name Columbus Day or other descriptors.
(Added by Ord. 16-18, File No. 171138, App. 2/9/2018, Eff. 3/12/2018; amended by Ord. 221-19, File No. 190285, App. 10/11/2019, Eff. 11/11/2019)
(Former Sec. 16.4 by Ord. No. 6896(1939), Sec. 1; amended by Ord. 287-96, App. 7/12/96; Ord. 438-96, App. 11/8/96; Ord. 149-00, File No. 000696, App. 6/30/2000; redesignated as Sec. 16.3 by Ord. 16-18, File No. 171138, App. 2/9/2018, Eff. 3/12/2018)
SEC. 16.4-1.  ITALIAN AMERICAN HERITAGE DAY.
   (a)   Findings.
      (1)   San Francisco was built by entrepreneurs, innovators, and communities dedicated to promoting the City as a world leader and destination. The City owes a great deal of gratitude to the Italian immigrants and Italian American individuals, families, and communities who have made innumerable contributions to our City’s society, culture, landscape, and history.
      (2)   San Francisco is named for St. Francis of Assisi – an Italian Catholic friar, deacon, and preacher, whose compassion for service to all living beings led him to act as a champion for those in extreme poverty and for the protection of the world’s natural spaces and environment.
      (3)   The first Italian immigrants arrived and settled in the San Francisco Bay area in the 1840’s, around the time of California’s official statehood and the incorporation of San Francisco.
      (4)   Italian immigrants who settled in San Francisco from the Gold Rush through the 1880’s built a strong economic foundation in the Bay Area and Northern California in trades such as fishing, agriculture, restauranteuring, culinary arts, winemaking, and merchantry.
      (5)   One such Italian merchant to settle in the area in 1847 was Domenico Ghirardelli, the owner and operator of a confectionery which introduced visitors and residents to Italian sweets and chocolate. Ghirardelli Square remains today one of the top economic centers and tourist destinations in San Francisco.
      (6)   Other skilled Italian merchants, laborers, and master craftsmen imported and utilized Italian marble in San Francisco homes and buildings, including the seat of City government, City Hall.
      (7)   In the 1850’s, Italian Jesuit priests, Father Nobili and Father Accolti, founded St. Ignatius College, which we know today as the University of San Francisco.
      (8)   Throughout the 1860’s, early Italian settlers filled roles in City public works and sanitation, contributing to the creation of Golden Gate Park.
      (9)   After the devastation caused by the 1906 earthquake and fire, the City’s Italian American community banded together in City neighborhoods such as North Beach and Telegraph Hill, to rebuild homes, businesses, and streets. The resilience and work ethic of the Italian American community led to a rapid recovery from the disaster in these areas.
      (10)   Famed local photographer Giovanni Monaco captured hundreds of photos of the 1906 disaster, which remain some of the only records documenting the impact of the earthquake and fire on neighborhoods, communities, and families.
      (11)   The Bank of Italy’s Amadeo P. Giannini set up a desk from two barrels and a wooden plank in Fisherman’s Wharf in the aftermath of the 1906 disaster to help provide Italian Americans with financial resources to overcome hardship. Giannini believed that financial institutions should first serve the individual, and he brought the first network of branch banking into communities and neighborhoods – the first branch opening in the Mission District. Giannini’s network and institution expanded into what we now know as Bank of America.
      (12)   The City’s reputation as a vibrant, world-renowned center of arts is built upon a foundation of contributions by Italian artists, singers, dancers, filmmakers, and philanthropists. For example, Gaetano Merola led the establishment of the City’s first resident opera company in 1923. Merola’s leadership and collaboration with other community members led to the creation of the San Francisco Opera Association, which stands today as the oldest surviving opera company on the West Coast. He also connected with City leaders and residents to construct the War Memorial Opera House during the Great Depression as a monument to San Francisco’s veterans of the First World War.
      (13)   Italian American poet Lawrence Ferlinghetti founded beloved literary site City Lights Bookstore in 1953. City Lights continues today as a free and open space for poets, authors, and book lovers all across the world.
      (14)   San Francisco has inspired the nation with great Italian American athletes, such as baseball’s Joe Dimaggio, Dom Dimaggio, Tony Lazzeri, and Frank Crosetti.
      (15)   Italian Americans have consistently led and served the City through philanthropic and charitable causes. In 1858, La Societa Italiana di Mutua Beneficenza was created to provide relief for struggling Italian immigrants. La Societa was the first mutual benefit society in San Francisco, and for decades, operated as the oldest, continuously-existing Italian organization in the United States.
      (16)   Perhaps some of the biggest contributions Italian Americans have made in San Francisco are in public service, policy-making, and political leadership. Three Italian American mayors have led San Francisco through momentous times: Mayor Angelo Rossi, the first mayor of 100% Italian descent to manage a major U.S. city, presided over the building of the Golden Gate and Bay Bridges. Mayor Joseph Alioto steered the city through the cultural revolution of the late 1960’s and 1970’s and through major capital projects such as BART, the Embarcadero Center, and the Transamerica Pyramid. Mayor George Moscone fought to keep the San Francisco Giants in the City and left a legacy of promoting tolerance and acceptance of individuals from all walks of life. Congresswoman Nancy Pelosi is the first woman to serve as Speaker of the U.S. House of Representatives.
      (17)   The Italian Heritage Parade recognizes the accomplishments and culture of all Italians and Italian Americans and remains the oldest in the nation, celebrating its 150th Anniversary in October 2018.
      (18)   Italians and Italian Americans continue to promote San Francisco’s growth by working and leading in economic and trade sectors, including technology and innovation.
      (19)   Those who live or work in, or visit San Francisco are fortunate to experience traces of the earliest contributions and creations of San Francisco Italian American culture through businesses, restaurants, shops, community events, and daily life throughout North Beach.
      (20)   We honor all Italians and Italian Americans for their commitment to San Francisco’s growth and vibrancy and will continue to honor their passion for hard work, love and dedication to family and loved ones, and the cherished opportunity to live life.
   (b)   This subsection (b) supplements Section 16.4(b) of the Administrative Code. The second Monday in October each year shall be known as Italian American Heritage Day in addition to being known as Indigenous Peoples Day. All official City communications, notices, calendars, and other publications, whether electronic or paper, shall refer to that day as both Italian American Heritage Day and Indigenous Peoples Day.
   (c)   Within 30 days of the effective date of the ordinance enacting this Section 16.4-1, the City Administrator shall notify all City boards, commissions, committees, and other bodies, and all City departments, of the requirements of this Section.
   (d)   This Section 16.4-1 does not affect the recognition or non-recognition of the second Monday in October as a holiday for City departments and employees.
   (e)   Nothing in this Section 16.4-1 shall prohibit the City from providing funds or support to events that commemorate or celebrate the holiday using the name Columbus Day or other descriptors.
(Added by Ord. 98-18, File No. 180192, App. 5/4/2018, Eff. 6/4/2018)
SEC. 16.5.  CESAR CHAVEZ DAY.
   (a)   March 31st shall be a holiday, known as "Cesar Chavez Day."
   (b)   This section shall create a paid holiday for represented employees of the City and County of San Francisco only to the extent allowed by ratified Memoranda of Understanding between the City and the affected recognized employee organizations. This section will not create a paid holiday for City employees until funds have been allocated for such a holiday.
   (c)   The process for establishing a paid holiday for City employees is the following:
      (1)   For employees represented by an employee organization whose labor contract (Memorandum of Understanding, or MOU) contains the following, or a similar, provision, "Any day declared to be a holiday by proclamation of the Mayor after such day has heretofore been declared a holiday by the Governoror the Presidentthe Mayor may, by proclamation, provide a paid holiday for those employees covered by the MOU.
      (2)   For employees represented by an employee organization whose MOU does not contain the language included in subparagraph (1) above, or if the Mayor does not exercise her or his authority under the language in subparagraph (1) above, the Mayor, through the Department of Human Resources, may meet and confer with employee representatives and propose an amendment to the MOU that will provide a paid holiday for those employees covered by the MOU. Such a proposed MOU amendment, if agreed upon by the labor organization and the Mayor, must be approved, or rejected, by the Board of Supervisors, and would become effective the following fiscal year.
      (3)   For employees who are not represented by an employee organization, the City, by an ordinance approved by the Board of Supervisors, may amend the Unrepresented Employees Ordinance to provide an additional paid holiday for unrepresented City employees.
(Added by Ord. 67-01, File No. 010529, App. 5/4/2001)
SEC. 16.6.  REPRESENTATION OF CITY AND COUNTY IN CERTAIN ORGANIZATIONS – MEMBERSHIPS IN ORGANIZATIONS AUTHORIZED.
   Subject to the budgetary and fiscal requirements of the Charter, City departments and their duly authorized officers and employees may acquire and maintain membership in professional, trade, and other organizations, where such membership is in the interest and for the benefit of the City and County.
(Amended by Ord. 218-91, App. 6/11/91; Ord. 356-98, App. 12/11/98; Ord. 148-16 , File No. 160631, App. 8/1/2016, Eff. 8/31/2016)
SEC. 16.6-1.  REPRESENTATION OF CITY AND COUNTY IN CERTAIN ORGANIZATIONS – REPRESENTATIVES AT MEETINGS – VOTING CONTRARY TO CITY POLICY.
   No officer or employee attending a meeting or convention of a professional, trade, or other organization shall cast a vote or make any representation at such meeting or convention, while acting or purporting to act as a representative of the City and County, which he or she knows to be contrary to or in conflict with any officially established policy of the City and County on the subject matter of the vote or representation.
   "Officially established policy" shall mean a policy established by ordinance, resolution, or other written document constituting a public record, made, enacted, or adopted by the board or officer having legal jurisdiction to establish such policy for the City and County.
   Violation of this Section shall be deemed an act of official misconduct or insubordination and shall subject the violator to the proceedings and the penalties therefor provided by the Charter or other applicable law.    
(Amended as Sec. 16.6-2 by Ord. 356-98, App. 12/11/98; redesignated and amended by Ord. 148-16 , File No. 160631, App. 8/1/2016, Eff. 8/31/2016)
(Former Sec. 16.6-1 amended by Ord. 208-64, App. 7/24/64; Ord. 287-96, App. 7/12/96; Ord. 356-98, App. 12/11/98; repealed by Ord. 148-16 , File No. 160631, App. 8/1/2016, Eff. 8/31/2016)
SEC. 16.6-2.  [REDESIGNATED.]
(Ord. No. 8736(1939); amended by Ord. 356-98, App. 12/11/98; redesignated as Sec. 16.6-1 and amended by Ord. 148-16 , File No. 160631, App. 8/1/2016, Eff. 8/31/2016)
SEC. 16.7.  REIMBURSEMENT FOR FUNERAL COSTS.
   (a)   The Board of Supervisors finds that funerals for active duty City employees who have died in the line of duty often become civic events and by their size and public nature can impose extraordinary costs and hardships upon the families of the deceased, making it appropriate for the City to contribute to the costs of these events.
   (b)   The Director of Human Resources may authorize payment of some or all of the funeral expenses of active duty City employees whose death is caused by an injury sustained by the employee arising out of and in the course of his or her employment. The Controller may transfer funds to the Director of Human Resources for such purposes from any legally available source.
   (c)   The Board intends that this Section be given retroactive effect so as to authorize contributions to funeral expenses incurred after July 1, 2006.
(Added by Ord. 276-06, File No. 061167, App. 11/17/2006)
SEC. 16.8.  EMPLOYEE REGIONAL DISASTER SUPPORT PROGRAM.
   (a)   Findings.
      (1)   Beginning Sunday, October 8, 2017, devastating and deadly fires swept through Sonoma, Napa, Solano, and other counties in the North Bay (the “North Bay Fires”), burning for days and sometimes weeks, forcing the evacuation of approximately 90,000 people, destroying over 7,200 homes and commercial buildings, including in some cases entire communities, and resulting in the deaths of at least 42 people. The City and County of San Francisco (“City”) dispatched firefighters and other first responders to provide mutual aid and support for the communities and people affected by the North Bay Fires.
      (2)   While the North Bay Fires did not directly affect the City, other than presenting smoke and air quality concerns, many City employees live in the affected areas. Some City employees were evacuated for days or lost their homes, cars, and most other possessions. While the City provides high-quality benefits to its employees, including generous paid time off, health coverage, and an Employee Assistance Program, additional support for these employees is needed in times of dire emergency resulting in extraordinary loss and harm.
      (3)   While the region encompassing the City and Bay Area is a wonderful, thriving, and diverse place to live, it is vulnerable to natural disasters such as earthquakes, flooding, and fires. The Bay Area recently marked the 28th anniversary of the devastating Loma Prieta earthquake, with over 50 deaths, the catastrophic failure of several of the region’s major transportation structures, including the Bay Bridge, and severe damage throughout the Bay Area. And there is the always the potential for a disaster resulting from a terrorist attack. Tragedy can strike at any moment and render unthinkable consequences.
      (4)   The Board of Supervisors finds and hereby declares that it is in the public interest to provide a program to support City employees directly and significantly harmed by a regional disaster, through paid time off from work not to exceed 80 hours. Just as the City provided mutual aid and support to areas ravaged by the North Bay Fires, the City must support its employees suffering trauma and tragedy because of the direct and significant adverse effects of those fires, and be prepared to support employees in the event of future regional disasters. Such a program provides vital time and support to City employees directly and significantly harmed by a disaster, allowing them needed resources to focus on their recovery efforts, so they can return to work as soon as possible and function at full capacity in the service of the City and its residents. In addition, such a program is an important benefit for employees, and results in a more loyal, committed, and stable workforce.
   (b)   Purpose. The City hereby establishes an Employee Regional Disaster Support Program (“Program”). The purpose of the Program is to provide City employees directly and significantly harmed by a Regional Disaster with Paid Release Time from work so they may focus their time, energy, and effort on recovering from the Regional Disaster, to facilitate their returning to work as soon as possible and functioning at full capacity in the service of the City and its residents.
   (c)   Definitions. For purposes of this Section 16.8, the following definitions apply:
   “Employee” shall mean a full or part-time employee of the City appointed to a position with a regular work schedule.
   “Paid Release Time” shall mean up to 80 hours of paid time off work. Not every Regional Disaster will warrant 80 hours of Paid Release Time, and eligible employees will not all receive the same amount of Paid Release Time. The criteria set by the Human Resources Director or designee under subsection (e)(1) will determine which employees are eligible for Paid Release Time and the amount of Paid Release Time they may receive under the Program, subject to approval by their Appointing Officer or designee.
   “Regional Disaster” is an event that meets all of the following criteria: it (1) occurs in one or more of the nine Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma); (2) involves a natural disaster such as an earthquake, flood, or fire, or a man-made disaster such as a terrorist attack; and (3) temporarily or permanently displaces City employees from their primary residences or otherwise directly and significantly affects their ability to report to work or perform their duties as City employees.
   (d)   Declaration of Regional Disaster. The Mayor may trigger the Program by declaring a Regional Disaster, which declaration may be retroactive to the start date of the Regional Disaster for purposes of the Program and an employee’s eligibility for Paid Release Time. The declaration shall establish an end date for the Program under the declared Regional Disaster, based on relevant factors including, but not limited to, the nature and scale of the Regional Disaster, the anticipated recovery period for City employees, the number of City employees affected by that Regional Disaster, and its effect on those City employees. If additional time is needed to effectuate the purpose of the Program, the Mayor may extend the declaration of Regional Disaster.
   (e)   Criteria for Paid Release Time under the Program; Notice to Employees.
      (1)   If the Mayor declares a Regional Disaster under subsection (d), the Human Resources Director or designee shall promptly issue an order establishing criteria for eligibility under the Program for the declared Regional Disaster. The criteria may include the conditions that warrant Paid Release Time and the amount of Paid Release Time that may be provided for those conditions.
      (2)   The Human Resources Director or designee shall arrange for notice to City employees about the declaration of the Regional Disaster, the criteria for eligibility for the Program, and the end date for the Program for that declared Regional Disaster. The Human Resources Director or designee shall seek to identify employees who may have been directly and significantly harmed by the Regional Disaster using available information, and to provide targeted notice to those employees. Both the general notice and the targeted notice shall include information about the procedures and deadlines to apply for the Program, and such other information as the Human Resources Director deems appropriate. In addition, the Human Resources Director shall make any forms that employees must complete to apply for the Program readily available to employees.
      (3)   If the Mayor extends the declaration of a Regional Disaster, the Human Resources Director or designee shall arrange for an additional general notice and an additional targeted notice to City employees about the extended declaration of the Regional Disaster.
   (f)   Paid Release Time.
      (1)   Employees who are eligible for the Program for a declared Regional Disaster, based on the criteria established by the Human Resources Director under subsection (e)(1), may receive Paid Release Time in accordance with those criteria and as other otherwise provided in subsections (f) and (g).
      (2)   To receive Paid Release Time, the employee’s Appointing Officer or designee must approve the Paid Release Time. The Appointing Office shall have discretion to grant or deny the Paid Release Time, and employees meeting the eligibility criteria are not automatically entitled to Paid Release Time, as further provided in subsection (g)(4).
      (3)   Employees must use the Paid Release Time before the end date for the Program for the declared Regional Disaster, as established by the Mayor in the declaration of Regional Disaster. If the Mayor extends the declaration of Regional Disaster, then that will extend the end date to use Paid Release Time under the Program for that declared Regional Disaster.
      (4)   Employees may not bank or accrue Paid Release Time under the Program. Paid Release Time under the Program may not be cashed out, upon separation from employment or otherwise.
      (5)   Paid Release Time shall not be considered hours worked for purposes of calculating overtime.
      (6)   If an employee’s Appointing Officer or designee has approved Paid Release Time for a declared Regional Disaster, and the employee had already used his or her paid time off balances to take approved time off work in response to the Regional Disaster, then, at the request of the employee, the City shall substitute the approved Paid Release Time for an equivalent amount of the previously taken paid time off and the City shall restore that amount of paid time off to the employee’s time off balances.
      (7)   If an employee’s Appointing Officer or designee has approved Paid Release Time for a declared Regional Disaster, and the employee took approved unpaid leave from work in response to the Regional Disaster, then, at the request of the employee, the City shall redesignate a portion of the unpaid time that is equivalent to the approved Paid Release Time as Paid Release Time and shall provide the employee with back pay for that time.
   (g)   Procedures to Apply for the Program.
      (1)   Employees may apply for the Program using the procedures set and forms provided by the Human Resources Director or designee under subsection (e)(2). Employees shall submit their application to their Appointing Officer or designee. Along with the application forms, the employee shall provide any supporting documentation required by the application form or the Appointing Officer.
      (2)   To receive Paid Release Time, an employee must execute a certificate of eligibility under penalty of perjury. The Department of Human Resources shall develop the certificate form.
      (3)   The Appointing Officer or designee shall review the application and documentation supporting the application, and may ask the employee to submit further documentation.
      (4)   The Appointing Officer or designee shall grant or deny the application and notify the employee of the determination. If the Appointing Officer grants the application, the notice shall specify the amount of Paid Release Time granted. The Appointing Officer or designee shall deny the application if the employee does not meet the criteria for eligibility established by the Human Resources Director or designee, does not provide the certificate required under subsection (g)(2), or fails to provide requested documentation, absent exceptional circumstances. The Appointing Officer or designee may deny the application based on the operational needs of the department. The decision of the Appointing Officer or designee is final.
   (h)   Administration and Rule-Making Authority. The Human Resources Director or designee has the authority to establish rules and guidelines not inconsistent with this Section 16.8 to implement the Program. The Department of Human Resources has the authority to administer the Program and enforce its requirements.
   (i)   Ineligibility for Workers’ Compensation. Similar to vacation or other forms of paid time off work, Paid Release Time under the Program is not considered City employment or service for purposes of workers’ compensation laws and benefits, and employees injured or becoming ill while on Paid Release Time shall not be eligible for workers’ compensation benefits simply by virtue of their paid status.
   (j)   Promotion of General Welfare. In undertaking the adoption and enforcement of this Section 16.8, the City is assuming an undertaking only to promote the general welfare and the welfare of its employees. 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, including any employee, who claims that such breach proximately caused injury.
(Added by Ord. 115-18, File No. 171137, App. 5/17/2018, Eff. 6/17/2018)
SEC. 16.9-2.  PEACE OFFICER TRAINING.
   The City and County of San Francisco declares that it desires to receive aid from the State of California under the provisions of Chapter 1 of Title 4, Part 4 of the Penal Code of the State of California.
   Pursuant to Section 13522 of said Chapter 1, the City and County of San Francisco, while receiving aid from the State of California pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission On Peace Officer Standards And Training.
   The Chief of Police is hereby authorized and directed to execute such application forms as may be required by said California Commission On Peace Officer Standards and Training pursuant to said Section 13522 for the training of regularly employed and paid officers of the Police Department and the Housing Authority.
   The Sheriff is hereby authorized and directed to execute such application forms as may be required by said California Commission On Peace Officer Standards and Training pursuant to said Section 13522 for the training of regularly employed and paid officers of the Sheriff's Office.
   The District Attorney is hereby authorized and directed to execute such application forms as may be required by said California Commission On Peace Officer Standards and Training pursuant to said Section 13522 and Section 13524 of the California Penal Code for the training of regularly employed and paid inspectors and investigators of the District Attorney's Office, as defined in Section 830.1 of the California Penal Code, who conduct criminal investigations.
(Added by Ord. 80-61, App. 4/13/61; amended by Ord. 460-87, 11/19/87; Ord. 149-00, File No. 000696, App. 6/30/2000)
SEC. 16.9-21.  DUTIES OF INTERNS.
   The activity of interns shall be that of study and observation. They shall not perform the duties of employees of any department in which placed, or the work of any such department.
(Ord. No. 3935(Series of 1939), App. 7/17/46; codified by Ord. 193-74, App. 4/18/74)
SEC. 16.9-22.  HOLD HARMLESS CLAUSE.
   No compensation shall be paid by the city to any intern during such training. No obligation for employment of any intern subsequent to the training program shall be assumed by any officer, board or commission of the City and County; and no preference as to any position in the City and County government shall be granted to any intern subsequent to such public service training. The City and County of San Francisco shall assume no liability for injury or damage caused by the activity of any intern; nor shall it assume liability for injury or damage suffered by any intern.
(Ord. No. 3935(Series of 1939), App. 7/17/46; codified by Ord. 193-74, App. 4/18/74)
SEC. 16.9-24.  EQUAL EMPLOYMENT OPPORTUNITY PLANS.
   Each board or commission, each elective officer in charge of an administrative office, the Controller, the Mayor, and each department head appointed by the Mayor shall be responsible for the preparation and implementation of a plan to provide equal employment opportunities to all persons. Each such plan shall address all employment-related subjects the control of which is vested by the Charter in the board, commission, officer, or department. Such subjects shall include, but not be limited to, the following:
   (a)   Policy statements;
   (b)   Designation of equal employment opportunity responsibilities within the office, board or department, and establishment of a mechanism to evaluate the specific plan adopted;
   (c)   Analysis of workforce utilization in each job category by race or national origin, sex, age and salary, as compared to qualified representatives in the relevant market;
   (d)   Specific steps to be undertaken within stated timetables to ensure that all persons, regardless of race, national origin, or sex, have equal opportunities for employment; and
   (e)   The method of dissemination of the equal employment opportunity plan.
   All such plans shall be prepared in consultation with the Civil Service Commission in order to provide technical assistance and recommendations on effective steps to achieve equal employment opportunity. Prior to adoption, the Civil Service Commission shall also approve each equal employment opportunity plan in cooperation with the City Attorney to ensure that compliance is made with all relevant federal, State and local equal opportunity laws or regulations. Should the Civil Service Commission find any such plan not in compliance with the above, it shall immediately so report to the Mayor's Office and Board of Supervisors. All such plans shall, upon adoption, be filed with the Civil Service Commission for public or other inspection.
   In order to facilitate the development of information necessary to the formulation of such plans, the Controller is directed to make appropriate data processing facilities available and to process annual workforce utilization plans as required by this Section, the California Fair Employment Practices Commission, the Equal Employment Opportunity Commission, the Human Rights Commission, the Commission on the Status of Women or any other regulatory agency charged with reviews of nondiscrimination provisions of local, State or federal law.
   All such plans shall be periodically reviewed, amended and updated as appropriate on at least an annual basis. An annual report on the performance and progress of such plans shall be prepared and submitted to the Mayor and Board of Supervisors by the Civil Service Commission by the first day of March of each year during the annual budget process.
(Added by Ord. 455-79, App. 9/12/79; amended by Ord. 251-92, App. 8/7/92; Ord. 287-96, App. 7/12/96; Ord. 149-00, File No. 000696, App. 6/30/2000)
SEC. 16.9-25.  SEXUAL HARASSMENT POLICY.
   (a)   Sexual Harassment Policy.
      (1)   It is the policy of the City and County of San Francisco that, in accord with State and federal laws, each city employee has the right to work in an environment free of discrimination, including sexual harassment, and that sexual harassment is unacceptable and will not be tolerated in the workplace. The City and County of San Francisco will take all reasonable steps within its control to provide a workplace in which all individuals are treated with respect and dignity. The City and County of San Francisco recognizes that the elimination of sexual harassment in the workplace will create a better working environment, increase productivity, and improve relationships for all employees.
      (2)   Sexual harassment of a City official or employee is, in accord with State and federal laws, strictly prohibited by another City official or employee. This policy applies to all officials and employees and to all phases of employment, including, but not limited to, recruitment, testing, hiring, promotion or demotion, transfer, layoff, termination and selection for training.
      (3)   It is further the policy of the City and County of San Francisco to take reasonable steps, in accord with State and federal laws, to provide its employees with a workplace free of sexual harassment by non-employees, including, but not limited to: contractors and subcontractors of the City and County of San Francisco, clients, volunteers, interns, and members of the general public. It is also the policy of the City and County of San Francisco to take reasonable steps to prohibit its City officials and employees, acting within the scope of their official duties and employment, from sexually harassing non-employees, including, but not limited to: contractors and subcontractors of the City and County of San Francisco, clients, volunteers, interns, and members of the general public.
      (4)   In order to create and maintain a workplace free from sexual harassment of employees, the City and County of San Francisco will, in accord with State and federal laws, take all reasonable steps to:
         (A)   Set an example through its leadership and management that sexual harassment will not be tolerated;
         (B)   Train and educate management and public officials as to their responsibility to carry out the policy of the City and County; and
         (C)   Train and educate employees regarding sexual harassment issues and policy.
      (5)   It shall be a violation of this policy to engage in harassing conduct that does not meet the definition of sexual harassment under state and federal law, but that, if repeated or allowed to continue, might meet that definition.
      (6)   Pursuant to the Charter, the sexual harassment discrimination complaint procedure established by the Civil Service Commission and Human Resources Director is available to review and resolve all allegations of sexual harassment. Persons wishing to file a complaint are urged to contact the Human Resources Department Equal Employment Opportunity Unit for copies of the forms and procedures.
   (b)   Definition.
      (1)   For purposes of this Section and in accord with federal and State laws, sexual harassment is defined as any unwelcome sexual advance, request for sexual favors and other verbal or physical conduct of a sexual nature or directed at an individual because of his or her sex when:
         (A)   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
         (B)   Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting said individual; or
         (C)   Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
      (2)   Examples of behavior which may, in accord with State and federal laws, constitute sexual harassment, include, but are not limited to, the following:
         (A)   Acts from male to female, female to male and between individuals of the same sex which are sexual in nature and unwelcome; sexual harassment may be directed against a particular person, persons or group;
         (B)   Verbal conduct which is sexual in nature and unwelcome, e.g., epithets, jokes, comments or slurs, repeated requests for dates which are unwelcome;
         (C)   Nonverbal behavior which is sexual in nature and unwelcome, e.g., staring, leering, lewd gestures;
         (D)   Physical conduct which is sexual in nature and unwelcome, e.g., assault, sexual advances such as touching, patting or pinching, impeding or blocking movement or any physical interference with normal work or movement;
         (E)   Visual effects which are sexual in nature and unwelcome, e.g., posters or signs, letters, poems, graffiti, faxes, cartoons or drawings, pictures, calendars, electronic mail and computer programs;
         (F)   Consensual romantic relationships between a supervisor or manager and a subordinate do not constitute sexual harassment per se and are not prohibited by this policy, but may create a potential for conflict or an appearance of impropriety.
      (3)   For purposes of this Section, retaliation against any official, employee or applicant for employment for having made a good faith complaint or report of sexual harassment, or participating or aiding in an investigation of sexual harassment shall be prohibited. Examples of retaliation may, in accord with State and federal laws, include, but are not limited to, the following:
         (A)   Transferring the complainant or witness against his or her will;
         (B)   Ignoring the complainant or witness;
         (C)   Spreading rumors and innuendoes about the complainant or witness;
         (D)   Changing work assignments of the complainant or witness without a valid work-related rationale;
         (E)   Sabotaging of tools, materials or work of the complainant or witness; and
         (F)   Withholding work-related information from the complainant or witness.
   (c)   Right to File Other Complaints. This policy shall not alter or affect the right of any person to make a charge of discrimination with any State or federal agency with jurisdiction over such claims, file a grievance under a collective bargaining agreement, or consult a private attorney.
   (d)   Education and Training. Prevention is the best tool for the elimination of sexual harassment. All City and County commissions, departments, boards and agencies shall provide to each of their supervisory employees a copy of this ordinance with a written explanation of the most current procedure for filing a complaint. Each appointing officer shall require his or her supervisory personnel to instruct all employees under their supervision of the contents of this ordinance and of the Civil Service and Human Resources Department procedures for filing and processing a complaint. Each appointing officer shall provide to or acquire for its supervisory personnel a periodic training program designed to educate and thereby prevent sexual harassment.
   (e)   Department of Human Resources Reports.
      (1)   Quarterly Reports. The Human Resources Director shall provide, on a quarterly basis, to the Commission on the Status of Women a written report on the number of sexual harassment complaints filed and the departments that were involved. The report also shall include information on the dispositions of complaints that are concluded and the status of complaints that are pending. The reports shall not include names or other identifying information regarding the parties or the alleged harassers.
      (2)   Annual Report. The Human Resources Director shall provide annually to the Mayor, the Board of Supervisors, the Human Rights Commission, and the Commission on the Status of Women a written report on the number of claims of sexual harassment filed, including information on the number of claims pending and the departments in which claims have been filed. The reports shall not include names or other identifying information regarding the parties or the alleged harassers.
   (f)   Commission on the Status of Women. The Commission on the Status of Women is available to offer technical advice on this City and County policy, assistance and referrals for sexual harassment complainants, technical assistance and additional resources to supervisory employees and managers regarding sexual harassment, and to assist in the prevention of sexual harassment incidents.
   (g)   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, any obligations for which it is liable in money damages or otherwise to any person who claims that such breach proximately caused injury.
(Added by Ord. 441-96, App. 11/22/96; amended by Ord. 149-00, File No. 000696, App. 6/30/2000)
SEC. 16.9-26.  LACTATION IN THE WORKPLACE POLICY.
   (a)   Findings and Purpose.
      (1)   Breastfeeding provides health benefits to babies, as breast milk contains antibodies that protect babies from childhood illnesses including ear infections, respiratory infections, dermatitis, gastrointestinal disorders, asthma, obesity, diabetes, and a reduced risk of Sudden Infant Death Syndrome. The American Academy of Pediatrics recommends that babies be fed exclusively breast milk for the first six months of life and that breastfeeding continue at least until the end of the baby's first year. For some parents, breast milk is readily available and affordable.
      (2)   Breastfeeding also provides many health benefits for mothers, including earlier return to pre-pregnancy weight, and reduced risk of maternal postpartum depression, several cancers, type II diabetes, and osteoporosis. If a mother does not regularly express milk, the mother's breasts can become full and uncomfortable, which may lead to a decrease in milk supply or infection. Most nursing mothers who return to work are able to sustain their milk supply and avoid discomfort by simply expressing their milk at intervals and for lengths of time that suit their bodies.
      (3)   According to the Centers for Disease Control and Prevention, approximately 79% of new mothers breastfeed their babies at some point. Despite the benefits to mother and child of breastfeeding, only about 42% of babies are exclusively fed breast milk at three months of age. At six months of age, 19% of babies are exclusively fed with breast milk, and 49% of babies are fed any breast milk at that age.
      (4)   In the United States, more than one-third of mothers with children under the age of two work full time outside the home. Employment of mothers outside the home, especially full-time employment, has a negative influence on the period of time mothers breastfeed. Only 25% of employed women who are breastfeeding a child under age one continue to breastfeed the child for at least one month after returning to work. In 2000, only 11% of mothers with a one-year-old child and who worked full-time were still breastfeeding the child, in comparison to 19% of mothers who worked part-time while having a one-year-old child, and 22% of such mothers who were not in the labor force.
      (5)   Under the Healthy People 2020 initiative, the U.S. Department of Health and Human Services' Office of Disease Prevention and Health Promotion developed a set of national objectives, which include a goal to increase the proportion of mothers who breastfeed their babies in the early postpartum period to 81.9% by 2020, and to increase the proportion of employers that have worksite lactation support programs to 14.2%. Through this Section 16.9-26, the City intends to be one of those employers.
      (6)   An employer with a breastfeeding-friendly environment may have an advantage when recruiting and retaining employees. Breastfeeding may decrease employee absenteeism due to illness of a child, to the extent breastfeeding reduces childhood illnesses. The fewer the childhood illnesses, the fewer sick days mothers and fathers have to take for children's illnesses.
      (7)   Federal law requires all employers to provide nursing mothers with reasonable break time to express milk for one year after the child's birth and a private space other than a bathroom, that is shielded from view and free from intrusion, to express breast milk. (29 U.S.C. 207(r).) Similarly, California law requires all employers to provide a reasonable amount of break time and to make a reasonable effort to provide a private space, other than a toilet stall, close to the employee's work area, to accommodate an employee desiring to express breast milk at work. (Cal. Labor Code § 1030.) Twenty-seven states, the District of Columbia, and Puerto Rico have laws that are supportive of breastfeeding in the workplace.
      (8)   A work environment that is supportive of a mother’s efforts to breastfeed her child will likely increase the period of the child’s life during which breastfeeding will occur. By implementing a policy that supports mothers returning to work, the City will enhance mothers’ ability to continue breastfeeding through their child’s first year and beyond.
      (9)   In recognition of the well documented health advantages for mother and child of breastfeeding, the purpose of this Section 16.9-26 is to provide a supportive work environment to enable City employees who are nursing mothers to breastfeed or express milk during working hours. The Board of Supervisors finds that providing a supportive work environment to these employees will greatly benefit their health and welfare and strengthen their families, and will enhance the City’s ability to attract and retain employees.
   (b)   Definitions.
      (1)   “City” shall mean the City and County of San Francisco.
      (2)   “Department” shall mean any department of the City.
      (3)   “DHR” shall mean the Department of Human Resources.
      (4)   “Lactation” or “Lactate” shall mean breastfeeding, or expressing milk by removing breast milk by hand, manual breast pump, or electric breast pump.
      (5)   “Nursing Mother” shall mean an employee of the City with a child who is feeding the child by means of Lactation.
      (6)   “Policy” shall mean the City’s Lactation in the Workplace Policy, as described in subsection (c) and as implemented by DHR.
   (c)   Lactation in the Workplace Policy.
      (1)   DHR shall develop the City's Lactation in the Workplace Policy. The Policy shall address the subjects covered in subsections (c)(1)(A), (B), (C), and (D), and meet the minimum standards set in those subsections. The Policy may also impose other requirements consistent with this Section 16.9-26, that DHR deems necessary or appropriate to facilitate Lactation in the workplace, and that give due consideration to the privacy of Nursing Mothers engaged in Lactation under the Policy.
         (A)   Work Breaks for Lactation. The Policy shall: (i) require Departments to allow Nursing Mothers breaks for Lactation during work hours using normal paid breaks and meal times; (ii) require Departments to accommodate additional unpaid breaks for Lactation to the extent feasible given the operational demands of the Department; and (iii) require Departments to establish a process for Nursing Mothers to request breaks for Lactation.
         (B)   Space for Lactation. The Policy shall require Departments to provide a place for Lactation, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. The Policy shall encourage Departments to provide a private room with (i) a door that can be locked, (ii) at least one electrical outlet, (iii) a chair or chairs, (iv) adequate lighting, (v) the ability to add a partition to the room to accommodate multiple Nursing Mothers simultaneously, and (vi) other amenities such as a refrigerator for storage of breast milk, a sink, and a hospital-grade electric breast pump or pumps. Rooms designated for Lactation may be used for other purposes when not needed for Lactation. Rooms designated for Lactation shall be identified with appropriate signage. The Policy shall require Departments to create a system for Nursing Mothers to schedule use of the facilities available for Lactation.
         (C)   Lactation Space in New or Renovated City Workplaces. The Policy shall provide that when the City constructs a new building that will be a workplace for City employees, enters into a new lease for all or part of a building that will be a workplace for City employees, or engages in a renovation of an existing owned or leased building that is or will be a workplace for City employees, the Department managing the construction or renovation project or entering into the lease will consult with DHR to ensure that sufficient space is identified to be used for Lactation to accommodate the number of City employees anticipated to work in the workplace who are or will be Nursing Mothers during any one time period.
         (D)   Public Lactation Rights. Under state law, a mother has the right to breastfeed her child in any location, public or private, except the private home or residence of another. The Policy shall state that Nursing Mothers are not required to limit Lactation to spaces identified by the City for this purpose. The Policy shall also state that City employees shall not infringe the right of any member of the public to engage in Lactation in any City location that is open to the public.
      (2)   Each Department shall comply with the Policy. Departments may seek DHR’s assistance in implementing the Policy. The Policy may require or permit any Department to develop a department-specific policy consistent with the minimum standards set in subsections (c)(1)(A), (B), (C), and (D). DHR must approve any department-specific policy.
      (3)   The Policy shall be distributed to all new employees and to all employees who request parental leave, prior to going on parental leave.
   (d)   DHR Website and Materials.
      (1)   DHR shall develop a website (or webpage on its own website) that contains informational materials or links to information regarding Lactation and breastfeeding. The website shall contain information for all expectant parents regarding Lactation and related issues, the availability of breast milk banks, the Policy, and any department-specific Lactation policies. The website shall include a list of the locations of all Lactation facilities available to City employees. The website shall advise City employees of mothers' right under state law to engage in Lactation in public, and shall state that City employees shall not infringe this right of any member of the public engaged in Lactation on City property that is open to the public. The website may also include any other information DHR deems relevant to facilitate Nursing Mothers' return to work and promote the goals of the Policy and this Section 16.9-26.
      (2)   DHR shall develop and/or compile printed informational materials regarding Lactation resources for distribution to City employees before their parental leave or upon return to work from parental leave.
   (e)   Undertaking for the General Welfare. In enacting and implementing this Section 16.9-26, 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.
   (f)   No Conflict with Federal or State Law. Nothing in this Section 16.9-26 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
   (g)   Severability. If any section, subsection, sentence, clause, phrase, or word of this Section 16.9-26, 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 this Section 16.9-26. The Board of Supervisors hereby declares that it would have passed this Section 16.9-26 and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Section 16.9-26 or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 160-16, File No. 160592, App. 8/4/2016, Eff. 9/3/2016)
SEC. 16.9-27.  HARASSMENT PREVENTION TRAINING AND REPORTING.
   (a)   Findings and Purpose.
      (1)   In federal Fiscal Year 2017, over 84,000 workplace discrimination charges were filed with the U.S. Equal Employment Opportunity Commission (“EEOC”), approximately 30% of those charges were related to sex discrimination, and over 6,500 of those charges were for sexual harassment.
      (2)   A 2016 EEOC Report by the Select Task Force on the Study of Harassment in the Workplace concluded that workplace harassment remains a persistent problem, particularly sex-based harassment. The vast majority, as much as 70%, of individuals who experience workplace harassment, never report or discuss the harassment with a superior. Even fewer individuals among the minority who report or discuss harassment with a supervisor file a formal complaint.
      (3)   Harassment in the workplace results in physical and emotional harm to employees who experience the harassment directly as well as to those who witness the harassment. Additionally, employers suffer as a result of workplace harassment, which causes decreased productivity and imposes financial costs on employers.
      (4)   Under California Government Code Section 12950.1, all supervisors and managers are required to complete a biennial online harassment prevention training, which is provided by the Department of Human Resources (“DHR”). By February 2018, DHR had trained nearly 12,000 employees in Fiscal Year 2016-2017. Expanding this requirement to all City employees – approximately 34,000 as of 2018 – would significantly expand the training’s reach and impact.
      (5)   In February 2018, DHR projected receiving an increased number of sexual harassment complaints in Fiscal Year 2017-2018 as compared to prior fiscal years because the existing required harassment prevention training has increased awareness among employees of their obligation to report harassment and their right to a harassment-free workplace, and has deepened their understanding of what constitutes workplace harassment.
      (6)   Administrative Code Section 16.9-25(e)(2) requires DHR to provide an annual report on the number of sexual harassment claims filed by City employees, including information as to number of claims pending, and the City departments in which claims have been filed. Expanding this reporting requirement to include all forms of harassment complaints, not only sexual harassment claims, will provide increased transparency and accountability for addressing harassment in the workplace.
   (b)   Definitions. For purposes of this Section 16.9-27 , the following definitions apply:
   “City” means the City and County of San Francisco.
   “Covered Employee” means the following:
      (1)   An individual appointed to a permanent or exempt position with the City with a regular schedule of at least 20 hours per week; or
      (2)   An individual appointed to a provisional or temporary position with the City where there is a reasonable expectation that the employee will work at least 960 hours over a fiscal year or where the employee does work at least 960 hours over a fiscal year.
   “EEO Complaint” means a complaint filed by a City employee, an applicant for City employment, a person providing services to the City by contract, an intern, or a volunteer claiming a violation of the City’s Equal Employment Opportunity Policy, which prohibits discrimination and harassment on the basis of characteristics protected by federal law, state law, or ordinance, and further prohibits retaliation against an individual who reports, files a complaint of, or otherwise opposes, conduct he or she reasonably believes to be unlawful discrimination, harassment, or retaliation, or assists in the investigation of a complaint.
   (c)   Training. All Covered Employees shall participate in harassment prevention training annually. The harassment prevention training shall educate Covered Employees on City policies prohibiting harassment. The harassment prevention training shall include bystander intervention training that will teach employees how to intervene and address harassment that they may observe in the workplace.
      (1)   The requirement that Covered Employees participate in harassment prevention training shall begin in Fiscal Year 2019-2020 unless the Board of Supervisors appropriates money for the training in Fiscal Year 2018-2019 and the Controller certifies the departments have sufficient funds to provide the training.
      (2)   Once the City begins providing harassment prevention training to Covered Employees, a Covered Employee shall participate in harassment prevention training within 30 days of the date the Covered Employee begins working.
      (3)   DHR shall prepare and administer the harassment prevention training program.
      (4)   Training that meets the requirements of California Government Code Section 12950.1 shall satisfy this Section 16.9-27, provided that the training includes bystander intervention training. Training under Section 16.9-27 shall satisfy the City entities’ obligations under Section 16.9-25(d) to provide education and training to supervisors regarding the prevention of sexual harassment.
      (6)1    This Section 16.9-27 does not preclude any board, commission, department, or other City entity or official from taking additional reasonable steps to train City managers, officials, and/or employees regarding the City’s sexual harassment policy and issues pertaining to sexual harassment, in accordance with Section 16.9-25 (a)(4).
   (d)   Reports.
      (1)   Annual Reports on Training. Beginning July 15, 2019, DHR shall annually post on its website the number of employees in each department who have completed harassment prevention training.
      (2)   Quarterly and Annual Reports on Harassment Complaints. Beginning April 15, 2019, DHR shall post on its website on a quarterly and annual basis a report on the number of harassment complaints filed with DHR, the number of complaints by department, and the status of complaints and disposition of complaints in composite numbers. The reports shall not include names or other individually identifying information disclosed in the complaints or subsequent investigations. DHR shall submit its first quarterly report on by1 April 15, 2019, and shall submit its first annual report on July 15, 2019.
      (3)   Posting Reports. DOSW shall post to its website the quarterly and annual reports regarding complaints described in subsection (d)(2), and the reports of settlements required under Section 33.7 of this Code.
      (4)   This Section 16.9-27 does not relieve DHR of its reporting requirements under Section 16.9-25(e) regarding sexual harassment.
   (e)   Undertaking for the General Welfare. In enacting and implementing this Section 16.9-27 , 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.
   (f)   No Conflict with Federal or State Law. Nothing in this Section 16.9-27 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law, or any provision of the City Charter.
(Added by Ord. 13-19, File No. 180546, App. 2/6/2019, Eff. 3/9/2019)
CODIFICATION NOTE
1.   So in Ord. 13-19.
SEC. 16.9-28.  IMPLICIT BIAS TRAINING AND REPORTING.
   (a)   Definitions. For purposes of this Section 16.9-28, the following definitions apply:
      “Commission” means a board, commission, or other body listed in Campaign and Governmental Conduct Code Section 3.1-103(a)(1).
      “Commissioner” means a member of a Commission.
      “Department” means the Department of Human Resources.
      “Department Head” means an individual holding a position listed in Campaign and Governmental Conduct Code Section 3.1-103(b)(1).
      “Implicit Bias Training” means a training prepared and administered by the Department, designed to make Department Heads and Commissioners aware of their unconscious biases and prejudices based on race, ethnicity, national origin, sex, gender identity, sexual orientation, or other characteristics protected by federal, state, or local law.
      “Secretary” means the City employee responsible for handling administrative and clerical matters for a Commission.
   (b)   Training Requirement.
      (1)   Completion of Training.
         (A)   Department Heads and Commissioners who assumed office on or before the effective date of the ordinance in Board File No. 181188 establishing this Section 16.9-28 shall complete Implicit Bias Training by no later than December 31, 2019. Except as provided in subsection (b)(2), Department Heads and Commissioners who assume office after the effective date of the ordinance referenced above shall complete Implicit Bias Training within 60 days of assuming office.
         (B)   Department Heads shall satisfy the training requirement in this subsection (b) by completing the in-person training provided under subsection (c)(2). Commissioners shall satisfy the training requirement in this subsection (b) either by completing the online training provided under subsection (c)(1) or by completing the in-person training provided under subsection (c)(2).
      (2)   Exception. Any Department Head or Commissioner who completes Implicit Bias Training as required under subsection (b)(1) and thereafter is reappointed, reelected, or assumes office on another Commission or in another City department within five years of completing Implicit Bias Training shall not be required to complete Implicit Bias Training again.
   (c)   Department Responsibilities.
      (1)   The Department shall prepare and administer an online Implicit Bias Training program for Commissioners.
      (2)   The Department shall also prepare and provide in-person Implicit Bias Training to Department Heads, and to Commissioners upon their request.
      (3)   The Department shall provide a certificate of completion to each Department Head or Commissioner who has completed Implicit Bias Training. The Department shall retain these certificates and make them available to the public upon request.
      (4)   Beginning January 15, 2020, the Department shall post on its website the name of each Department Head and Commissioner who has completed Implicit Bias Training. The Department shall update the list at least once each month.
   (d)   Public Reports.
      (1)   After completing Implicit Bias Training, each Commissioner shall provide a copy of the certificate referenced in subsection (c)(3) to the Secretary for the Commission on which the Commissioner serves.
      (2)   Beginning January 15, 2020, the Secretary of each Commission shall post on the Commission’s website a statement identifying those Commissioners who have completed Implicit Bias Training and those Commissioners who have not completed Implicit Bias Training. For each Commissioner who has completed Implicit Bias Training, the list shall include the date of the training, and for each Commissioner who has not completed Implicit Bias Training, the list shall include the date by which this Section 16.9-28 requires the Commissioner to complete the training.
      (3)   Beginning January 15, 2020, each City department shall post on its website a statement reporting whether the Department Head for that department has completed Implicit Bias Training. If the Department Head has completed Implicit Bias Training, the website shall include the date of the training, and if the Department Head has not completed Implicit Bias Training, the website shall include the date by which this Section 16.9-28 requires the Department Head to complete the training.
(Added by Ord. 71-19, File No. 181188, App. 4/19/2019, Eff. 5/20/2019)
SEC. 16.9-29.  [REPEALED.]
(Added by Ord. 114-90, App. 4/2/90; amended by Ord. 12-92, App. 1/21/92; Ord. 49-92, App. 2/20/92; Ord. 50-92, App. 2/20/92; Ord. 202-92, App. 7/10/92; Ord. 2-93, App. 1/11/93; Ord. 321-94, App. 9/15/94; Ord. 131-96, App. 4/3/96; Ord. 436-96, App. 11/8/96; Ord. 191-00, File No. 001011, App. 8/11/2000; repealed by Ord. 175-01, File No. 010059, App. 8/17/2001)
SEC. 16.9-29A.  T. J. ANTHONY EMPLOYEE CATASTROPHIC ILLNESS PROGRAM – TRANSFER OF SICK LEAVE AND VACATION CREDITS TO INDIVIDUAL CATASTROPHICALLY ILL EMPLOYEES OR TO A POOL OF CATASTROPHICALLY ILL EMPLOYEES.
   (a)   Purpose. To enable catastrophically-ill employees to continue to be paid through donations of sick leave and vacation hours from other employees, as authorized by Charter Sections A8.364 and A8.441. This program shall be known as the Catastrophic Illness Program, or "CIP." This Section only provides for receipt of such credits as are donated and does not provide for an absolute right of continued paid leave.
   (b)   Establishment of Pool; Administration and Rule-Making Authority. There is hereby established a pool into which employees may donate sick leave and/or vacation credits to benefit catastrophically-ill employees. The Controller shall have authority to administer the CIP program, including the authority to make and enforce rules not inconsistent with this Section, with consultation from the Director of Health or his or her designee.
   (c)   Definitions.
      (1)   A "catastrophic illness" shall mean a life-threatening illness or injury, as determined by the Department of Public Health or its designee.
      (2)   An "active participant" in the CIP is defined as a City employee who has applied for Catastrophic Illness Status and been notified of his or her acceptance in the CIP by the Department of Public Health or its designee and whose participation in the CIP has not terminated, regardless of whether or not the employee has actually received or used any donated sick leave and/or vacation credits.
   (d)   Eligibility of Employees To Participate in CIP. Any employee of the City and County of San Francisco may participate in the CIP if the employee meets all of the following conditions:
      (1)   The employee is eligible to accumulate and use sick leave and vacation credits;
      (2)   The employee is catastrophically ill;
      (3)   The employee has exhausted all of his/her available paid leave; and
      (4)   The employee does not participate in a short or long-term disability program for which the City pays in whole, directly or indirectly, or if the employee participates in such a program, the employee agrees to, and does, apply for disability benefits immediately upon becoming eligible for such benefits. Any employee who participates in a short or long-term disability program for which the City pays in whole, directly or indirectly, may participate in the CIP program until the employee receives or is qualified to receive benefits under the terms of a short or long term disability program for which the City pays in whole, directly or indirectly. Any employee who is receiving or is qualified to receive short or long term disability benefits from a short or long term disability program for which the City pays in whole, directly or indirectly, may not participate in the CIP program until and unless the employee's disability benefits terminate. Any employee who, while or after participating in the CIP program, retroactively receives or is qualified to receive short or long term disability benefits from a short or long term disability program for which the City pays in whole, directly or indirectly, must reimburse the City for the CIP payments received during the period which the short or long term disability program applies. Failure to do so will result in the City's placing a lien for the unreimbursed amount on the employee's future wages and benefits (not including workers' compensation or retirement). This paragraph does not apply to employees who are active participants in the CIP as of April 29, 2002 and have been active participants since March 29, 2002.
   (e)   Procedure for Applying for Catastrophic Illness Status.
      (1)   An employee must complete a prescribed application form and return it to the Department of Public Health or its designee, together with supporting medical documentation. The Department of Public Health or its designee shall produce and maintain sufficient quantities of the prescribed application for employee access and distribution.
      (2)   The Department of Public Health or its designee shall examine the documentation supporting the application. The Department of Public Health or its designee may ask the applicant to submit further documentation and/or to submit to examination by a physician that it designates to determine in fact that the applicant does suffer from a catastrophic illness within the meaning of this Section. An applicant's failure to comply with these requirements may be grounds for rejection of the application.
      (3)   In order to continue to qualify as catastrophically ill, a CIP employee may from time to time be required to submit to specified examination, or to supply further documentation of current medical status, as is necessary in the opinion of the Department of Public Health or its designee; provided, however, that such requests shall not be made for the purpose of harassing said employee. In addition, an employee may be required to submit documentation of application for and/or status of disability benefits.
      (4)   If the Department of Public Health or its designee determines that an employee is not catastrophically ill, the employee shall have a right to appeal the decision through an administrative appeal process to be established by the Health Commission, which shall include the right to a review by the Director of Health and, finally, a hearing before the Health Commission. The Department of Public Health or its designee shall provide the employee with a written letter setting forth the reasons for denial and the procedure for filing an administrative appeal. The Health Commission shall promulgate and post the administrative appeal rules. The administrative appeal process in its entirety shall not exceed 60 days. An employee whose application has been disapproved is not obligated to exhaust the administrative appeals process before reapplying. Instead, the employee may reapply after observing a 30-day waiting period from the date of the initial denial.
   (f)   Posting of Eligible Recipients.
      (1)   The Department of Public Health or its designee shall assign an exclusive number to each catastrophically ill employee deemed eligible to participate in the CIP.
      (2)   The Department of Public Health or its designee shall maintain, reproduce and post a running list of CIP employees, to be identified only by their exclusive numbers, in order to let transferring employees designate a recipient.
      (3)   The list may include the amounts of sick leave and vacation credits already transferred or on reserve to each CIP employee.
      (4)   In all cases, the Department of Public Health and its designees shall shield and protect the true identities of CIP employees.
   (g)   Eligibility to Transfer Sick Leave and/or Vacation Credits. Any employee of the City and County of San Francisco who is eligible to accumulate and use vacation credits and sick leave may transfer sick leave and/or vacation credits to the CIP pool or to an individual CIP employee, subject to the following conditions:
      (1)   The transferring employee must retain a minimum sick leave balance of 64 hours.
      (2)   Transfers must be in units of eight hours.
      (3)   All transfers are irrevocable.
      (4)   The transferring employee may transfer hours to the CIP (pool or individual) only once per pay period.
      (5)   The transferring employee may transfer a maximum of 160 hours per pay period, of which no more than 80 hours may be to individual CIP employees.
      (6)   The transferring employee may transfer a maximum of 480 hours per fiscal year to the pool and to individual CIP employees combined.
      (7)   Neither a transferring employee nor a CIP employee may be in violation of Subsection (k).
   (h)   Use of Transferred Sick Leave and Vacation Credits.
      (1)   All hours transferred shall be credited as sick leave for the CIP employee. As they are used, they shall be treated as the employee's own sick leave for all purposes, including for continued accrual of vacation credits, sick leave, and retirement service; service for pay increments; and eligibility for holiday pay.
      (2)   At the beginning of each pay period, a CIP employee must use all sick leave and vacation credits accrued during the previous pay period before using any transferred hours.
      (3)   A CIP employee may use transferred hours retroactively from the date of certification of eligibility back to the date of application.
      (4)   A CIP employee may use transferred credits in a pay period to the extent that when combined with other compensation from the City and County and all other benefits from public sources, the total does not exceed the pay for 100 percent of the employee's regularly scheduled hours for such pay period (excluding regularly scheduled overtime and premium pay). A CIP employee may be required to provide financial records to prove compliance with this subsection. Failure to provide such records is grounds for exclusion from the CIP.
   (i)   Redistribution of Transferred Hours Upon Termination of Participation In CIP. If a CIP employee dies, retires, resigns or begins receiving disability benefits before having used all hours transferred pursuant to this Section, the unused hours shall be transferred to the CIP pool. If a CIP employee's participation in the CIP expires or is terminated before the employee has used all hours transferred pursuant to this Section, all unused hours in excess of 64 hours shall be transferred to the CIP pool.
   (j)   Confidentiality.
      (1)   All medical records submitted by an employee pursuant to this statute shall be kept confidential by the Department of Public Health or its designee.
      (2)   Until the Department of Public Health or its designee has rendered its opinion pursuant to Subsection (d) that the employee is catastrophically ill, the fact of an employee's application shall be kept confidential by the parties processing the application and not shared with the employee's department head.
      (3)   The names of employees donating hours pursuant to this provision shall remain confidential.
      (4)   Violation of the provisions of this subsection (j) or any other provision relating to confidentiality protections shall be grounds for disciplinary action.
   (k)   No Selling or Coercion.
      (1)   No individual shall directly or indirectly solicit the receipt of, or accept, any compensation in full or partial exchange, directly or indirectly, for sick leave or vacation credits to be transferred pursuant to this Section.
      (2)   No individual shall solicit the receipt of, or accept, the transfer of any sick leave or vacation credits pursuant to this Section in full or partial exchange, directly or indirectly, for any compensation.
      (3)   No individual shall threaten or in any way attempt to coerce an employee with respect to transfer of sick leave or vacation credits pursuant to this Section.
      (4)   Violation of the provisions of this subsection (k) shall be grounds for termination of participation in the CIP and for disciplinary action.
   (l)   Notices. The Civil Service Commission shall develop notices with relevant information about the CIP. These notices shall be distributed to all appointing officers, who shall then post them in public places where other notices advising employees of rights and benefits are posted.
   (m)   Termination of this Provision. Unless otherwise specified by ordinance or Charter provision, the provisions of this Section shall expire upon the effective date of an ordinance or Charter section instituting, or upon the effective date of the last MOU through which all City employees are covered by, a long-term disability program.
   (n)   Limitation. In undertaking the adoption and enforcement of this ordinance, 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.
(Added by Ord. 175-01, File No. 010059, App. 8/17/2001; amended by Ord. 34-02, File No. 011741, App. 3/29/2002; Ord. 84-04, File No. 040194, App. 5/20/2004; Ord. 237-14 , File No. 140909, App. 12/4/2014, Eff. 1/3/2015)
SEC. 16.9-29B.  PROGRAM FOR EMPLOYEES WITH CATASTROPHICALLY ILL FAMILY MEMBERS – TRANSFER OF VACATION CREDITS TO INDIVIDUAL EMPLOYEES WITH A CATASTROPHICALLY ILL FAMILY MEMBER.
   (a)   Purpose. To create a program, as authorized by Charter Section A8.441, to allow employees with catastrophically ill family members to receive donations of vacation credits to take time off to care for their ill family member. This program shall be known as the Catastrophic Illness Program for Family Members, or "CIP-FM." This Section only provides for receipt of such credits as are donated and does not provide for an absolute right of continued paid leave.
   (b)   Administration and Rule-Making Authority. The Controller shall have authority to administer the CIP-FM program, including the authority to make and enforce rules not inconsistent with this Section, with consultation from the Director of Health or his or her designee.
   (c)   Definitions.
      (1)   A catastrophic illness shall mean a life-threatening illness or injury, as determined by the Department of Public Health or its designee.
      (2)   "Family member" means a spouse, registered domestic partner, or another dependent as dependent is defined in the Internal Revenue Code (26 U.S.C. sec. 152, as amended from time to time).
   (d)   Eligibility of Employee To Participate in CIP-FM Program. In order to participate in the CIP-FM, an employee must meet all of the following conditions:
      (1)   The employee must be eligible to accumulate and use sick leave credits;
      (2)   The employee must have exhausted all of his/her available paid leave;
      (3)   The employee must have a catastrophically ill family member; and
      (4)   The employee must need to take time off from work to care for the catastrophically ill family member.
   (e)   Procedure for Applying to Participate in CIP-FM.
      (1)   An employee must complete a prescribed application form and return it to the Department of Public Health or its designee, together with supporting medical documentation. The Department of Public Health or its designee shall produce and maintain sufficient quantities of the prescribed application for employee access and distribution.
      (2)   The Department of Public Health or its designee shall examine the application and supporting documentation. The Department of Public Health or its designee may ask the employee to submit further documentation or the family member to submit to examination by a physician. Failure to comply with these requirements may be grounds for rejection of the application.
      (3)   In order for the employee to continue to participate in the program, an employee may from time to time be required to supply further documentation, or the family member may be required to submit to specified examination, as is necessary in the opinion of the Department of Public Health or its designee; provided, however, that such requests shall not be made for the purpose of harassment.
      (4)   If the Department of Public Health or its designee determines that an employee's family member is not catastrophically ill, the employee shall have a right to appeal the decision through an administrative appeal process to be established by the Health Commission, which shall include the right to a review by the Director of Health and, finally, a hearing before the Health Commission. The Department of Public Health or its designee shall provide the employee with written notice setting forth the reasons for denial and the procedure for filing an administrative appeal. The Health Commission shall promulgate and post the administrative appeal rules. The administrative appeal process in its entirety shall not exceed 60 days. An employee whose application has been disapproved is not obligated to exhaust the administrative appeals process before reapplying. Instead, the employee may reapply after observing a 30-day waiting period from the date of the initial denial.
   (f)   Posting of Eligible Recipients.
      (1)   The Department of Public Health or its designee shall assign an exclusive number to each employee deemed eligible to participate in the CIP-FM.
      (2)   The Department of Public Health or its designee shall maintain, reproduce and post a running list of CIP-FM employees, to be identified only by their special numbers, in order to let transferring employees designate a recipient.
      (3)   The list may include the amount of vacation credits already transferred or on reserve to each employee.
      (4)   In all cases, the Department of Public Health and its designees shall keep confidential the true identities of CIP-FM employees and their catastrophically ill family member.
   (g)   Eligibility to Transfer Vacation Credits to Individual CIP-FM Employees. Any employee of the City and County of San Francisco who is eligible to accumulate and use vacation credits may transfer vacation credits to an individual CIP-FM employee, subject to the following conditions:
      (1)   Transfers must be in units of eight hours;
      (2)   All transfers are irrevocable;
      (3)   The transferring employee may transfer hours to the CIP-FM only once per pay period;
      (4)   The transferring employee may transfer a maximum of 80 hours per pay period;
      (5)   The transferring employee may transfer a maximum of 480 hours per fiscal year to the CIP-FM program; and
      (6)   Neither a transferring employee nor a recipient may be in violation of Subsection (k).
   (h)   Use of Transferred Vacation Credits By a CIP-FM Employee.
      (1)   All hours transferred shall be credited as sick leave for the CIP-FM employee. As they are used, they shall be treated as use of the employee's own sick leave for all purposes, including for continued accrual of vacation credits, sick leave, and retirement service; service for pay increments; and eligibility for holiday pay.
      (2)   At the beginning of each pay period, a CIP-FM employee must use all sick leave and vacation credits accrued during the previous pay period before using any transferred hours.
      (3)   A CIP-FM employee may use transferred credits in a pay period to the extent that when combined with other compensation from the City and County and all other benefits from public sources, the total does not exceed the pay for 100 percent of the employee's regularly scheduled hours for such pay period (excluding regularly scheduled overtime and premium pay). A CIP-FM employee may be required to provide financial records to prove compliance with this subsection. Failure to provide such records is grounds for exclusion from the CIP-FM and disciplinary action.
   (i)   Redistribution of Transferred Hours Upon Termination of Participation in CIP-FM. If a CIP-FM employee dies, retires, resigns, or otherwise ends participation in the CIP-FM before having used all hours transferred pursuant to this provision, all unused hours in excess of 64 shall be redistributed to other CIP-FM employees.
   (j)   Confidentiality.
      (1)   All medical records submitted pursuant to this statute shall be kept confidential by the Department of Public Health or its designee;
      (2)   Until the Department of Public Health or its designee has rendered its opinion pursuant to Subsection (d) that an employee's family member is catastrophically ill, the fact of an employee's application shall be kept confidential by the parties processing the application and not shared with the employee's department head.
      (3)   The names of employees donating hours pursuant to this provision shall remain confidential.
      (4)   Violation of the provisions of this subsection (j) or any other provision relating to confidentiality protections shall be grounds for disciplinary action.
   (k)   No Selling or Coercion.
      (1)   No individual shall directly or indirectly solicit the receipt of, or accept, any compensation in full or partial exchange, directly or indirectly, for vacation credits to be transferred pursuant to this Section.
      (2)   No individual shall solicit the receipt of, or accept, the transfer of any vacation credits pursuant to this Section in full or partial exchange, directly or indirectly, for any compensation.
      (3)   No individual shall threaten or in any way attempt to coerce an employee with respect to transfer of vacation credits pursuant to this Section.
      (4)   Violation of the provisions of this subsection (k) shall be grounds for termination of participation in the CIP-FM and for disciplinary action.
   (l)   Notices. The Civil Service Commission shall develop notices with relevant information about the CIP-FM. These notices shall be distributed to all appointing officers who shall then post them in public places where other notices advising employees of rights and benefits are posted.
   (m)   Limitation. In undertaking the adoption and enforcement of this ordinance, 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.
(Added by Ord. 175-01, File No. 010059, App. 8/17/2001; amended by Ord. 237-14 , File No. 140909, App. 12/4/2014, Eff. 1/3/2015)
SEC. 16.9-31.  STATE DISABILITY INSURANCE PROGRAM ENROLLMENT.
   The Human Resources Director is authorized to take any and all necessary action to enroll qualifying employee classifications in the employee paid State Disability Insurance Program without further approval of the Board of Supervisors.
(Added by Ord. 393-97, App. 10/17/97)
ARTICLE II:
VACATIONS
 
Definitions.
Calculation of Vacations.
Award and Accrual of Vacation.
Effect of Separation Upon Vacation.
Vacation Schedules.
Use of Partial Vacation to Supplement Disability Leave.
Vacation Charges Between Departments.
Paid Administrative Leave.
 
SEC. 16.10.  DEFINITIONS.
   (a)   "Continuous service" for vacation allowance purposes means paid service pursuant to a regular work schedule which is not interrupted by a breach in service and shall include periods of unpaid furlough in accordance with a Civil Service Rule governing voluntary and involuntary furloughs.
   (b)   "Employee" means "Every person employed in the City and County service" which, as used in Charter Section 8.440 includes the classified employees of the City and County of San Francisco as provided in Section 3.661 of the Charter and classified personnel of the San Francisco Unified School District and Community College District, and officers, other than elected officers.
   (c)   "Irregular work schedule" means a work schedule for which the frequency and length is determined solely by the immediate or imminent needs of the service and which is subject to change at any time. Service in an irregular schedule does not constitute continuous service for vacation purposes.
   (d)   "Maximum vacation entitlement" means the maximum vacation allowance an employee may earn in any 12 month period. The amount is based on years of continuous service as follows:
 
Years of
Continuous Service
Maximum Vacation
Entitlement
1 through 5 years
80 hours
more than 5 through 15 years
120 hours
more than 15 years
160 hours
 
   (e)   "Paid service" means service in paid status with the City and County of San Francisco, the San Francisco Unified School District or the Community College District, as applicable, and includes hours paid as sick leave, vacation, compensatory time-off and overtime for employees who are eligible for overtime pay under the administrative provisions of the Annual Salary Standardization Ordinance.
   (f)   "Regular work schedule" means a work schedule consisting of a pre-determined and fixed number of hours to be worked on a routine basis and includes an authorized flex-time schedule.
   (g)   "Temporary disability" means temporary disability pursuant to the Worker's Compensation or State Disability Laws of the State of California or the industrial disability provisions of Charter Sections 8.515 or 8.516.
   (h)   "Vacation allowance" means the leave with pay for vacation purposes which an employee accrues or is awarded under the terms of this ordinance.
   (i)   "Vacation with pay" means the compensation the employee would have earned during the vacation period if the employee had worked during the same period, without the inclusion of overtime earnings or special pay.
   (j)   "Unpaid furlough" means voluntary or involuntary time off without pay imposed or approved in accordance with a Civil Service Rule governing unpaid furloughs in response to a projected budgetary shortfall.
(Amended by Ord. 182-85, App. 4/12/85; amended by Ord. 54-93, App. 3/4/93)
SEC. 16.11.  CALCULATION OF VACATIONS.
   (a)   No employee is entitled to a vacation allowance until the employee has completed one year of continuous service.
   (b)   For purposes of determining the vacation allowance the anniversary date for an employee shall be the first date of employment in the current period of continuous service.
   (c)   Continuous service shall not be deemed to have been breached:
      (1)   By an employee because of absence from service due to duly authorized leave; or
      (2)   By a permanent employee laid off due to lack of work or funds, provided the employee is reappointed to a position in the service with a regular work schedule within five years of lay-off; or
      (3)   By a permanent school term employee because of a period when schools are not normally in session; or
      (4)   By a permanent employee who resigns in good standing and is reappointed to a position in the service with a regular work schedule within six months from the effective date of resignation; or
      (5)   By a temporary or provisional (noncivil service or limited tenure) employee who has completed one year of continuous service and resigns in good standing or is laid off and is reappointed to a position in the service with a regular work schedule within six months from the effective date of resignation or layoff; or
      (6)   By an employee who has resigned from a position with services certified as other than satisfactory by the appointing officer if the employee is granted reappointment rights by the Civil Service Commission and is reappointed to a position in the service with a regular work schedule within six months from the effective date of resignation;
      (7)   By a period of voluntary or involuntary furlough without pay imposed or approved in accordance with a Civil Service Rule governing unpaid furloughs in response to a projected budgetary shortfall.
   (d)   Without regard to any other provisions in this Section, no vacation allowance is earned for paid service in an irregular work schedule.
   (e)   An employee who has completed one year of continuous service shall accrue vacation allowance at the rate of .0385 of an hour for each hour of qualifying service. An employee who has completed five years of continuous service shall accrue thereafter a vacation allowance at a rate of .0577 of an hour for each hour of paid service. An employee who has completed 15 years of continuous service shall accrue a vacation allowance a rate of .077 of an hour for each hour of paid service.
   (f)   No employee shall be credited with more than 2080 hours of paid service in any 12 month period for purposes of computing the vacation allowance.
   (g)   The vacation allowance for an employee receiving temporary disability benefits shall be computed on the basis of the number of hours in the employee's regular work schedule; provided, however, that an employee not supplementing State Disability Insurance payments with earnings from paid service will not accrue a vacation allowance during the period of disability. An employee who has received a permanent disability award and who does not return to employment because of such disability is not entitled to accrue a vacation allowance.
   (h)   For members of the uniformed force of the Fire Department, the factors for earning vacation allowance, the maximum number of hours credited for vacation allowance purposes and the maximum number of vacation hours an employee may accrue shall be administered in a manner consistent with the intent of this ordinance and approved by the General Manager, Personnel. In addition, if necessary because of minimum daily staffing requirements and the financial and scheduling problems created in bringing the uniformed force into conformity with Section 16.12(e) and (f), the Fire Department may establish an alternative schedule or other means for decreasing in an equitable manner the maximum accrual of vacation allowance to an amount consistent with that permitted other City employees under Section 16.12(e) no later than December 31, 1989. If the Fire Department establishes an alternative schedule, it may not permit a member of the uniformed force to accrue vacation days or hours in excess of the following:
 
Years of Continuous Service
Maximum Accrual
1 through 5 years
50 days
or 400 hours
more than 5 years through 15 years
60 days
or 480 hours
more than 15 years
70 days
or 560 hours
 
   (i)   Any dispute over whether an employee is assigned to a regular or an irregular work schedule shall be finally decided by the Civil Service Commission.
(Amended by Ord. 182-85, App. 4/12/85; Ord. 54-93, App. 3/4/93)
SEC. 16.12.  AWARD AND ACCRUAL OF VACATION.
   (a)   Beginning with the first full pay period after the effective date of this ordinance, an employee shall be awarded the employee's vacation allowance on the first day of the pay period following the pay period in which the allowance is accrued.
   (b)   An employee does not accrue vacation allowance in the first year of continuous service, however, at the end of one year of continuous service, an employee shall be awarded a vacation allowance computed at the rate of .0385 of an hour for each hour of paid service in the preceding year.
   (c)   At the end of five years of continuous service, an employee shall be awarded a one-time vacation allowance computed at the rate of .01924 of an hour for each hour of paid service in the preceding year except that the amount of the vacation allowance shall not exceed 40 hours.
   (d)   At the end of fifteen years of continuous service, an employee shall be awarded a one-time vacation allowance computed at the rate of .01924 of an hour for each hour of paid service in the preceding year except that the amount of the vacation allowance shall not exceed 40 hours.
   (e)   The maximum number of vacation hours an employee may accrue consists of 240 hours carried forward from prior years plus the employee's maximum vacation entitlement which is based on the number of years of service. The maximum number of vacation hours which an employee may accrue is as follows:
 
Years of Continuous Service
Maximum Accrual
1 through 5 years
320 hours
more than 5 through 15 years
360 hours
more than 15 years
400 hours
 
   (f)   On the first day of the second pay period following the effective date of this ordinance, employees shall be awarded any vacation allowance accrued between January 1, 1985, and the first day of the second pay period following the effective date of this ordinance. In order to prevent employees from unfairly losing accrued vacation allowance in the transition from an award date of January 1st of each year, the limitation on the number of vacation hours an employee may accrue as set forth in Subsection 16.12(e) shall not apply between the effective date of this ordinance and January 9, 1987. Vacation allowance hours in excess of those set forth in Section 16.12(e) will be lost if not used before January 9, 1987.
(Amended by Ord. 97-86, App. 3/27/86)
SEC. 16.13.  EFFECT OF SEPARATION UPON VACATION.
   An employee in the final year of service may with the approval of the appointing officer elect to receive a cash payment in lieu of vacation due at the time of separation, provided that the appointment and payment of a replacement for the period of time representing such cash payment in lieu of vacation is not required. In lieu of such cash payment an employee who separates from City and County service and who without interruption in service is appointed to any governmental agency whose employees are eligible for membership in the San Francisco City and County Retirement System may elect to transfer such accumulated vacation to such agency if the agency rule or regulation permits the crediting of such accumulated vacation.
(Amended by Ord. 182-85, App. 4/12/85)
SEC. 16.14.  VACATION SCHEDULES.
   (a)   Appointing officers are responsible for approving vacation schedules. In approving vacation schedules, the appointing officers shall give due regard to employee seniority and preference and the needs of the service. Unless an emergency situation exists requiring the immediate presence of an employee, an employee shall be allowed to begin a vacation on the day immediately following the employee's normal day off.
   (b)   With the approval of the appointing officer, an employee's vacation allowance may be taken in increments of not less than one hour.
   (c)   Except as requested by the employee to supplement disability benefits, the vacation allowance of an employee, who has started a vacation and who suffers a nonindustrial injury or illness or a recurrence of an industrial injury or illness during such vacation and who is entitled to and receives temporary disability benefits, shall not be charged for periods in which the employee receives disability benefits.
   (d)   Every department shall maintain records which shall include, in addition to all other information required by the Civil Service Commission and Controller, the employee's accrued vacation allowance. When an employee accepts a permanent appointment to another department, the employee's vacation and sick leave records shall be transferred by the first department to the second department. Ninety calendar days after an automated payroll/personnel data system is fully implemented in a department, and, upon approval of the General Manager, Personnel, and the Controller, the maintenance of such records by the department shall no longer be required. All records shall, however, continue to be preserved according to present statutory requirements.
(Amended by Ord. 182-85, App. 4/12/85)
SEC. 16.15.  USE OF PARTIAL VACATION TO SUPPLEMENT DISABILITY LEAVE.
   An employee who is absent from duty because of temporary disability may use his or her vacation allowance to supplement disability benefits; provided, that when the vacation allowance payment is added to the disability benefits payable under the Workers' Compensation or State Disability Insurance Laws, the employee's bi-weekly payment will not exceed the normal salary of the employee for the regular work schedule effective at the commencement of the disability. An employee desiring to use his or her vacation allowance to supplement State Disability Insurance benefits shall, within seven calendar days following the first day of absence, and on a form provided by the Civil Service Commission, so inform his or her appointing officer or designated representative. Notwithstanding the foregoing, an employee receiving temporary workers' compensation disability benefits may accrue vacation hours in excess of the maximum accrual permitted pursuant to Section 16.12(e). Upon the cessation of the employee's receipt of temporary disability benefits the employee shall receive a cash payment for any vacation hours accrued in excess of the number the employee was permitted to accrue pursuant to Section 16.12(e).
(Amended by Ord. 182-85, App. 4/12/85)
SEC. 16.16.  VACATION CHARGES BETWEEN DEPARTMENTS.
   The Controller shall establish procedures for the method of payment of salaries to employees entitled to vacation from service in two or more departments of the City and County.
(Added by Ord. 316-81, App. 6/19/81)
SEC. 16.17.  PAID ADMINISTRATIVE LEAVE.
   (a)   Appointing Officers, as defined in Administrative Code Section 2A.30, in the City and County of San Francisco are authorized, but not required, to place any City employee in their department on paid administrative leave under the following circumstances:
      (1)   When the City has initiated an investigation relating to an employee's conduct, and the Appointing Officer determines that the employee should be placed on leave during some or all of the investigation in order to protect the legitimate interests of the City, including but not limited to, potential interference with the effectiveness of the investigation, or potential harm to employees, to the public interest or to the operation of the City, for a period of time beginning not earlier than the start of the investigation and ending not later than the date the investigation is completed, subject to a maximum of thirty (30) calendar days;
      (2)   When the City requires an employee to submit to drug and/or alcohol testing pursuant to the terms of a City or departmental policy, a Memorandum of Understanding between the City and a recognized employee organization, or local, state or federal law, for the period of time between the date the City directs the employee to submit to such testing until the employee refuses such testing or the testing is completed and the City is advised of the results of the testing, subject to a maximum of thirty (30) calendar days;
      (3)   When the City medically removes an employee pursuant to standards set forth by the California Occupational Safety and Health Administration in Title 8 of the California Code of Regulations;
      (4)   When the City requires an employee to undergo a fitness for duty examination pursuant to Civil Service Rules 116, 216, 316, 416, or any similar successor rules, for up to the period of time from the date the City directs the employee to undergo a fitness for duty examination until: (i) the date the examination is completed and the City is notified by the examining physician whether the employee is fit for duty; or (ii) the date the employee refuses examination. Paid administrative leave under this subsection is subject to a maximum of thirty (30) calendar days. In the event that the examining physician does not notify the City that the employee is fit for duty on the day of the examination, the Appointing Officer shall place the employee on compulsory sick leave pursuant to the Civil Service Rules starting on the business day following the examination. Should the examining physician thereafter declare the employee fit for duty, the City shall restore any sick leave deducted between the date of the examination and the date the City is so notified or, in the event the employee has no accrued sick leave, any lost compensation for the same period.
   (b)   While an employee is on paid administrative leave the employee shall receive the compensation he or she would have earned if the employee had worked during the same period, without the inclusion of overtime earnings or special pay.
   (c)   The Appointing Officer shall have the discretion to remove an employee from paid administrative leave at any time during the period of paid administrative leave.
   (d)   Subject to the prior written approval of the Director of the Department of Human Resources, the Appointing Officer may extend paid administrative leave one (l) time consistent with this Section for no more than an additional thirty (30) calendar days. For Service Critical Employees employed by the Municipal Transportation Agency, the Director of the Municipal Transportation Agency may extend paid administrative leave one (1) time consistent with this Section for no more than an additional thirty (30) calendar days. Under no circumstances may an employee be on paid administrative leave for more than sixty (60) calendar days relating to the same incident.
   (e)   The City's ability to place employees on paid administrative leave under this section is in addition to, not in lieu of, its right to place employees on unpaid administrative leave under Charter Section A8.341, or any similar successor Charter Section. The City may elect to place an employee on paid or unpaid administrative leave as permitted under this Section or under Charter Section A8.341. Further, the City may place an employee on paid administrative leave either before or after the employee is placed on unpaid administrative leave.
   (f)   Nothing herein shall limit or prohibit compliance with the regulations of the California Occupational Safety and Health Administration in Title 8 of the California Code of Regulations.
(Added by Ord. 174-11, File No. 110622, App. 9/12/2011, Eff. 10/12/2011)
ARTICLE III:
[RESERVED]