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The Tax Collector is authorized to promulgate rules and regulations to implement this Article 37.
(Added by Proposition J, 11/3/2020, Eff. 7/1/2021)
All monies collected under this Article 37 shall be deposited to the credit of the Fair Wages for Educators Fund, established in Administrative Code Section 10.100-72, which shall be a category four fund under Administrative Code Section 10.100-1. The Fund shall be maintained separate and apart from all other City funds and shall be subject to appropriation. Any balance remaining in the Fund at the close of any Fiscal Year shall be deemed to have been provided for a special purpose within the meaning of Charter Section 9.113(a) and shall be carried forward and accumulated in the Fund for the purposes described in Section 3709.
(Added by Proposition J, 11/3/2020, Eff. 7/1/2021)
(a) Subject to the budgetary and fiscal provisions of the Charter, monies in the Fair Wages for Educators Fund shall be appropriated on an annual or supplemental basis and used exclusively for the following purposes:
(1) Up to 1% of the proceeds of the Tax, in any proportion, to the Tax Collector and other City Departments, for administration of the Fair Wages for Educators Parcel Tax and administration of the Fair Wages for Educators Fund.
(2) Refunds of any overpayments of the Tax, including any related penalties, interest, and fees.
(3) All remaining amounts to be transferred to the School District, which shall use these proceeds only for the following purposes, with the School District having sole discretion as to allocation of the proceeds among any or all of these purposes:
(A) Raising the salaries of teachers so the School District can compete with other school districts in recruiting and retaining qualified and prepared teachers to support student achievement;
(B) Raising the salaries of paraeducators so the School District can better support individualized learning;
(C) Increasing staffing and support at high-needs schools;
(D) Increasing staffing and program funding at Community Schools;
(E) Providing additional professional development to all teachers and paraeducators;
(F) Providing more competitive compensation and/or benefits to other School District personnel;
(G) Investing in 21st century technology, including providing support for digital teaching and learning tools for students, educators, and their families;
(H) Allocating funds to public charter schools in the City; and
(I) Providing oversight to ensure the proceeds from the Tax are spent only for the purposes described in this subsection (a).
(b) The Controller shall, with every disbursement made to the School District pursuant to this Article 37, require the School District to verify in writing that it will use the funds only for the purposes set forth in subsection (a)(3).
(c) Commencing with a report filed no later than February 15, 2023, covering the fiscal year ending on June 30, 2022, the Controller shall file annually with the Board of Supervisors, by February 15 of each year, a report containing the amount of monies collected in and expended from the Fair Wages for Educators Fund during the prior Fiscal Year, the status of any project required or authorized to be funded by this Section 3709, and such other information as the Controller, in the Controller’s sole discretion, shall deem relevant to the operation of this Article 37.
(Added by Proposition J, 11/3/2020, Eff. 7/1/2021)
(a) The People of the City and County of San Francisco find and declare that major urban school districts such as San Francisco’s serve an ethnically and economically diverse student population that requires more resources than currently provided. In adopting this Tax, the People of the City and County of San Francisco choose to provide additional City resources to complement, and not supplant, City, State, Federal and other funding for the School District.
(b) Consistent with subsection (a), the People of the City and County of San Francisco find that the contributions to and disbursements from the Fair Wages for Educators Fund are discretionary expenditures by the City for the direct benefit of the children of the City, their families, and the community at large. In the event that the State attempts, directly or indirectly, to redistribute these expenditures to other jurisdictions or to offset or reduce State or Federal funding to the School District because of the contributions to and disbursements from the Fair Wages for Educators Fund, the City shall transfer monies that would otherwise be distributed to the School District each year from the Fair Wages for Educators Fund to the City’s Children and Youth Fund established in Charter Section 16.108, or such other fund as the Board of Supervisors may designate, to be spent for purposes which are substantially equivalent to the purposes set forth in Section 3709(a)(3).
(c) The Tax is intended to be in addition to and not to replace any other monies provided by the City to the School District, including but not limited to the Public Education Enrichment Fund (“PEEF”). This Article 37 does not authorize a reduction in disbursements from the City to PEEF.
(Added by Proposition J, 11/3/2020, Eff. 7/1/2021)
The independent oversight committee appointed by the School District’s Board of Education pursuant to Proposition A on the June 3, 2008 San Francisco ballot shall, starting with Fiscal Year 2021-2022, submit a report on at least an annual basis to the Mayor, Board of Supervisors, and Board of Education evaluating whether the proceeds from the Tax are being properly expended for the purposes set forth in Section 3709(a)(3). If that oversight committee is unwilling or unable to perform this function for any reason, then the City may establish an oversight committee to submit a report on at least an annual basis to the Mayor, Board of Supervisors, and the Board of Education evaluating whether the proceeds from the Tax are being properly expended for the purposes set forth in Section 3709(a)(3).
(Added by Proposition J, 11/3/2020, Eff. 7/1/2021)
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