Findings. | |
Amendment or Repeal of this Chapter. | |
Complaints; Investigation Procedures; Referral to Other Agencies. | |
Complaints by Citizens and Employees; Whistleblower Program. | |
Definitions. | |
Protection of Whistleblowers – City Employees. | |
Confidentiality. | |
Confidentiality Protection for Whistleblower Program Complainants and Investigations. | |
Furnishing False or Misleading Information; Duty to Cooperate. | |
Reports to the Board of Supervisors. | |
Limitation of Liability. | |
The City and County of San Francisco (“City”) has a paramount interest in protecting the integrity of its government institutions. To further this interest, individuals should be encouraged to report possible violations of laws, regulations, and rules governing the conduct of City officers and employees, City contractors, and employees of City contractors.
This Chapter 1 fulfills the Charter’s requirements for two City programs relating to whistleblowers, as required by Charter Appendix Section F1.107. First, as required by the Charter, the Office of the Controller has authority to receive and investigate whistleblower complaints concerning deficiencies in the quality and delivery of City government services, wasteful and inefficient City government practices, misuse of City funds, and improper activities by City officers, employees, and contractors.
Second, as required by the Charter, this ordinance protects the confidentiality of whistleblowers, and protects City officers and employees from retaliation for filing whistleblower complaints or providing assistance with the investigation of such complaints. As set forth in this Chapter 1, the Ethics Commission has primary responsibility for ensuring such protections.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 29-02, File No. 020017, App. 3/15/2002; Ord. 205-08, File No. 080019, 9/18/2008; Ord. 299-18, File No. 180317, App. 12/21/2018, Eff. 1/21/2019; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(a) The amendment furthers the purposes of this Chapter;
(b) The Ethics Commission approves the proposed amendment in advance by at least a four-fifths vote of all its members;
(c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and
(d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members.
(Added by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(a) COMPLAINTS. Any person may file a complaint for investigation with the Office of the Controller’s Whistleblower Program, Ethics Commission, District Attorney, City Attorney, or the complainant’s department alleging that a City officer or employee has engaged in improper government activity, misused City funds, caused deficiencies in the quality and delivery of government services or engaged in wasteful and inefficient government practices, or that a City contractor or employee of a City contractor has engaged in unlawful activity in connection with a City contract.
(b) ETHICS COMMISSION COMPLAINT PROCEDURES. The Ethics Commission shall investigate complaints filed under this Section 4.105 that contain potential violations of local campaign finance, lobbying, conflicts of interest, and governmental ethics laws pursuant to the procedures specified in Charter Section C3.699-13 and the regulations adopted thereunder. Nothing in this subsection (b) shall preclude the Ethics Commission from referring any matter to any other City department, commission, board, officer, or employee or to other government agencies for investigation and possible disciplinary or enforcement action. The Ethics Commission may require that any City department, commission, board, officer, or employee report to the Ethics Commission on the referred matter.
(c) REFERRAL. The Ethics Commission shall refer complaints that do not allege a violation of law, regulation or rule that is within the Ethics Commission’s jurisdiction to the appropriate agency for investigation and possible disciplinary or enforcement action. The Commission may conduct preliminary investigations into such complaints to determine whether the complaint contains sufficient information to warrant referral. The Ethics Commission may require any City department to provide a written report regarding the department’s investigation and any action that the department has taken in response to the Ethics Commission’s referral within a time-frame that the Ethics Commission shall specify.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 29-02, File No. 020017, App. 3/15/2002; Ord. 299-18, File No. 180317, App. 12/21/2018, Eff. 1/21/2019; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
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