SEC. 16.113. SEVERABILITY.

   If any provision of this Charter, or its application to any person or circumstances is held invalid, the remainder of this Charter, and the application of such provision to other persons or circumstances, shall not be affected.

SEC. 16.114. POWERS OF INQUIRY AND REVIEW.

   The Mayor, the City Administrator, the Controller, or any board or commission appointed by the Mayor, relative solely to the affairs under its control, may require such periodic or special reports of departmental costs, operations and expenditures, examine the books, papers, records and accounts of, and inquire into matters affecting the conduct of any department or office of the City and County, and for that purpose may hold hearings, subpoena witnesses, administer oaths and compel the production of books, papers, testimony and other evidence. The Board of Supervisors shall have the same powers of inquiry and review, including the power to issue subpoenas and compel the production of evidence, with respect to matters affecting the conduct of any department or office of the City and County.

SEC. 16.115. HEADING AND CAPTIONS.

   The headings and captions in this Charter shall have no bearing on the meaning of the text, which shall be the exclusive source for interpretation and construction.

SEC. 16.116. APPENDIX A – EMPLOYMENT PROVISIONS.

   The following sections of the Charter of 1932, as amended, shall remain in effect as a part of this Charter as "Appendix A Employment Provisions," except that in instance of conflict or inconsistency between these sections of the Charter of 1932 and the body of this Charter, this Charter shall prevail, and subject to the following limitations and amendments:

   1.   All references to sections of "the Charter" or "this Charter" shall be construed to refer to the Charter of 1932, as defined above;

   2.   All definitions or descriptions included through such references shall remain in force, unless in conflict or inconsistent with definitions or descriptions in this Charter, or unless amended by the Board of Supervisors; and

   3.   Effective upon adoption of this Charter, references to "wife," "surviving spouse," "widow" or "widower" shall be construed to include "spouse," or "surviving spouse."

   The following sections from the Charter of 1932, as amended, shall be included in Appendix A with full force and effect, and each shall be designated with a prefix "A":

7.204	Contractors' Working Conditions
8.329	Certification of Eligibles
8.341	Removal or Discharge of Permanent, Non-Probationary Employees
8.342 - 8.344	Disciplinary Suspensions; Police and Fire Department Suspensions; Exoneration of Charges
8.345 - 8.346	Disciplinary Action-Strikes
8.364	Catastrophic Sick Leave
8.400 - 8.406	Salaries and Wages for Teachers, Muni, Police, Fire and Miscellaneous Employees
8.409 - 8.409-6	Collective Bargaining
8.410 - 8.411	Expenses
8.420 - 8.429	Health Service SystemBenefits
8.430 [1st ¶]	"Medical Care" Defined
8.431 - 8.432	Health Service System Benefits
8.440 - 8.441	Vacations
8.450 - 8.452	Hours and Tours of Duty
8.500 - 8.517	Retirement System
8.518 - 8.588-15	Retirement System
8.590-1 - 8.590-7	Collective Bargaining for Fire, Police and Airport Police

 

   The provisions of Appendix A may be amended only pursuant to the provisions of state law governing charter amendments.

SEC. 16.117. APPENDIX B – PORT AGREEMENTS.

   The following sections from the Charter of 1932, as amended, shall be included in Appendix B with full force and effect, and each shall be designated with a prefix "B":

 

3.581 - 3.585	Port Transfer Agreement
6.406	Harbor Revenues and Expenditures
7.305	Revenue Bonds of the Port Commission

 

   The provisions of Appendix B may be amended only pursuant to the provisions of state law governing charter amendments.

SEC. 16.118. APPENDIX C – ETHICS PROVISIONS.

   The following sections of the Charter of 1932, as amended, shall be included in Appendix C with full force and effect, and each shall be designated with a prefix "C":

 

3.699-10 - 3.699-16

Ethics Commission Procedures

 

   The provisions of Appendix C may be amended only pursuant to the provisions of state law governing charter amendments.

(Amended November 2003)

SEC. 16.119. APPENDIX D – BUILDING INSPECTION PROVISIONS.

   The following sections from the Charter of 1932, as amended, shall be included in Appendix D with full force and effect, and each shall be designated with a prefix "D":

 

3.750 - 3.750-8

Department of Building Inspection

 

   The provisions of Appendix D may be amended only pursuant to the provisions of state law governing charter amendments.

SEC. 16.120. CUSTOMER SERVICE PLAN.

   Each department of the City and County shall adopt an annual Customer Service Plan, in a format to be determined by the Board of Supervisors by ordinance. The Board may excuse a department from particular requirements of the ordinance where compliance would be inappropriate or impractical. Each department shall file its Customer Service Plan with the Board of Supervisors no later than February 1st of each year, along with a report on how the department met the previous year's Plan, if any.

(Added November 1998)

SEC. 16.122. RIGHT TO VOTE ON ANY PROJECT THAT WOULD PLACE 100 ACRES OR MORE OF FILL IN SAN FRANCISCO BAY.

   (a)   The qualified electors of the City and County shall have the right to vote on any Project of the City and County that would place 100 acres or more of fill in San Francisco Bay.

   (b)   Notwithstanding any contrary provisions of the Charter, the approval of any Project that would place 100 acres or more of fill in San Francisco Bay shall be conditioned upon the affirmative vote of a majority vote of the electorate.

   (c)   Within three (3) business days of such conditional approval by any department, board, commission, or other unit of government of the City and County, including any board, commission or other unit of government of the City and County of San Francisco established by state or federal law that is subject to the provisions of the San Francisco Charter, of any Project that would place 100 acres or more of fill in San Francisco Bay, the approving entity shall provide written notice thereof to the Director of Elections who shall place the measure required by this Section on the ballot at the first general municipal or statewide election which occurs at least one hundred and twenty (120) days after said notice is received by the Director.

   (d)   Ballot measures generated and placed on the ballot pursuant to this Section are not exempt from the California Environmental Quality Act nor any other federal, state or local environmental laws and regulations to which the Project may be subject. Before any action is taken by the City and County to approve a Project that is required by this Section to be submitted to the electorate, the Project must comply with the California Environmental Quality Act. If compliance requires the preparation, consideration and certification of an Environmental Impact Report, that process shall be finalized prior to project approval and the information contained in the final certified Environmental Impact Report shall be made publicly available to the electorate for its consideration prior to the election.

   (e)   The general statement of the ballot measure to be voted on, pursuant to this Section, shall read as follows:

      Shall the voters approve (insert name of project) that would fill in (insert number) acres of San Francisco Bay? Yes or No

      The name of the Project to be inserted into the general statement shall be determined by the City Attorney pursuant to Section 510 of the San Francisco Elections Code, or any subsequent amended or renumbered version of Section 510.

   (f)   Definitions. Words and phrases used in this Section shall have the meanings specified in the San Francisco Charter, except that the following words and phrases as used in this Section shall have the following meanings:

      "Project" or "Project of the City and County" shall mean any activity proposed, sponsored, initiated, or funded by any department, board, commission, or other unit of government of the City and County of San Francisco including any board, commission or other unit of government of the City and County of San Francisco established by state or federal law that is subject to provisions of the San Francisco Charter.

      "Place fill" or "fill in" shall mean to introduce, or cause to be introduced, earth or any other substance or material, including pilings or structures placed on pilings, and structures floating at some or all times and moored for extended periods.

   (g)   If any part or provision of this Section, or the application thereof to any person or circumstance is held invalid, the remainder of this Section, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Section are severable.

(Added November 2001)

SEC. 16.123. CIVILIAN POSITIONS WITHIN THE POLICE DEPARTMENT.

   (a)   Positions in the Police Department may only be converted from sworn to civilian as they become vacant. No sworn officer shall be laid off in order to convert a position to civilian personnel.

   (b)   If the Mayor or any member of the Board of Supervisors proposes to convert positions in the Police Department from sworn officers to civilian personnel through the budget process, the Controller and the Chief of Police shall report on whether the reduction would decrease the number of police officers dedicated to neighborhood community policing, patrol, and investigations or would substantially interfere with the delivery of City public safety services, including services to protect the public in the event of an emergency. In preparing the report required by this subsection (b), the Chief of Police shall solicit input from the Police Commission.

(Added March 2004; amended by Proposition E, Approved 11/3/2020)