General. | |
Boards and Commissions – Composition. | |
Hold-Over Service by Board and Commission Members. | |
Boards and Commissions – Powers and Duties. | |
Boards and Commissions – Annual Report. | |
Boards and Commissions – Rules and Regulations. | |
Planning Commission. | |
Board of Appeals. | |
Human Rights Commission. | |
Fire Commission. | |
Police Commission. | |
Health Commission. | |
Human Services Commission. | |
Public Utilities Commission. | |
Recreation and Park Commission. | |
Port Commission. | |
Airport Commission. | |
Entertainment Commission. | |
Commission on the Environment. | |
Commission on the Status of Women. | |
Disability and Aging Services Commission. | |
Building Inspection Commission. | |
Youth Commission. | |
Youth Commission Membership; Appointment; Terms; Meetings; Compensation; Director. | |
Youth Commission – Purpose and Duties. | |
Jurisdiction. | |
Departments – General Provisions. | |
Police Department. | |
Fire Department. | |
Department of Administrative Services. | |
County Clerk. | |
Executive Branch Reorganization. | |
Small Business Commission. | |
Public Works Commission. | |
In addition to the office of the Mayor, the executive branch of the City and County shall be composed of departments, appointive boards, commissions, and other units of government that perform the sovereign powers of the City and County. To the extent law permits, each appointive board, commission, or other unit of government of the City and County established by State or Federal law shall be subject to the provisions of this Article IV and this Charter.
(Amended by Proposition E, Approved 11/5/2024)
(a) Establishment of the Task Force. By no later than February 1, 2025, a Commission Streamlining Task Force (“Streamlining Task Force”) shall be convened for the purpose of advising the Mayor and the Board of Supervisors on ways to eliminate, consolidate, or limit the powers and duties of appointive boards and commissions for the more effective, efficient, and economical administration of City and County government, and introducing one or more ordinances to effectuate its recommendations. The Streamlining Task Force shall have the powers and duties set forth herein, and shall expire by operation of law 24 months after its first meeting.
The City Administrator shall provide administrative support to the Streamlining Task Force. The Controller and the City Administrator shall provide professional and technical assistance to the Streamlining Task Force. All City and County officials, departments, and other agencies, and all appointive boards and commissions, shall cooperate with the Streamlining Task Force as it performs its responsibilities under this Section 4.100.1.
For purposes of this Section 4.100.1, an “appointive board” or “commission” includes any body that meets the definition of a “legislative body,” under California Government Code § 54952, whether denominated a “board,” “commission,” “council,” “committee,” “task force,” “advisory body,” or otherwise.
(b) Composition of the Streamlining Task Force. The Streamlining Task Force shall consist of five members. Seat 1 shall be held by the City Administrator or the City Administrator’s designee, who must be an employee of the Office of the City Administrator. Seat 2 shall be held by the Controller or the Controller’s designee, who must be an employee of the Office of the Controller. Seat 3 shall be held by the City Attorney or the City Attorney’s designee, who must be an employee of the Office of the City Attorney. Seat 4 shall be held by a representative of organized labor representing the public sector, appointed by the President of the Board of Supervisors. Seat 5 shall be held by an individual with expertise in open and accountable government, appointed by the Mayor. The Mayor’s appointment shall not be subject to rejection by the Board of Supervisors under Charter Section 3.100(18). Members in seats 4 and 5 shall serve at the pleasure of their appointing authority.
(c) Budget and Legislative Analyst Report. The Streamlining Task Force shall undertake a comprehensive review of the City and County’s appointive boards and commissions, including those created by voter-approved ordinance. To inform that review, by no later than September 1, 2025, the Budget and Legislative Analyst shall prepare and submit to the Streamlining Task Force, the Mayor, and the Clerk of the Board of Supervisors a report that assesses for each appointive board or commission established in the Charter (1) the annual financial cost to the City to operate the body, including but not limited to the costs of City staff time spent to support, brief, meet with, develop materials for, or otherwise enable the functioning of the body; and (2) the projected financial impact of eliminating the appointive board or commission, or consolidating it with another body. The report shall also include an estimate of the average annual financial cost to the City of operating an appointive board or commission that is established by ordinance for the purpose of providing non-binding advice to City officials on a given topic.
(d) Streamlining Task Force Report and Recommendations. By no later than February 1, 2026, the Streamlining Task Force shall prepare and submit to the Mayor and the Clerk of the Board of Supervisors a report containing the Streamlining Task Force’s recommendations as to which existing appointive boards and commissions, if any, should be eliminated in their entirety, consolidated, revised to limit their powers and/or duties, or revised to expand their powers and/or duties as a result of a consolidation.
For each recommendation made pursuant to this subsection (d), the Streamlining Task Force shall provide a rationale; analyze whether any function(s) performed by the appointive board or commission that is recommended to be eliminated, consolidated, or revised are required by law or essential to the effective operation of City and County government; and identify the City and County officers, departments, or other units of government that could assume responsibility for any legally required or essential function(s).
(e) Effectuation of Recommendations.
By no later than March 1, 2026, the City Attorney shall prepare a draft Charter Amendment to implement the Streamlining Task Force’s recommendations relating to commissions established in the Charter, and shall submit such draft to the Clerk of the Board of Supervisors. By no later than April 1, 2026, the Streamlining Task Force’s report and recommendations and the draft Charter Amendment shall be the subject of a hearing before the Board of Supervisors. Any Supervisors(s)1
wishing to seek voter approval of the draft Charter Amendment, or a modified version thereof, shall be required to introduce the Charter Amendment for consideration by the Board of Supervisors, consistent with the process and deadlines set forth in the Municipal Elections Code and Board’s Rules of Order at that time.
During its tenure, the Streamlining Task Force shall have the authority to introduce one or more ordinances to effectuate its recommendations relating to the elimination, consolidation, or revision of any appointive board or commission established by ordinance, other than any appointive board or commission that was established or amended by the adoption of an ordinance approved by the voters and cannot be amended or rescinded without voter approval. Such ordinance(s) shall go into effect 90 days after the date of introduction unless before the expiration of the 90-day period two-thirds of all members of the Board of Supervisors vote to disapprove the ordinance.
(f) Expiration. This Section 4.100.1 shall expire by operation of law on January 31, 2027, and the City Attorney shall cause it to be removed the Charter thereafter.
(Added by Proposition E, Approved 11/5/2024)
CODIFICATION NOTE
1. So in Proposition E, 11/5/2024.
(a) Unless otherwise provided in this Charter, the composition of each appointive board, commission, or advisory body of any kind established by this Charter or legislative act of the United States of America, the State of California, or the Board of Supervisors shall be broadly representative of the communities of interest, neighborhoods, and the diversity of the City and County in ethnicity, race, age, sex, gender identity, sexual orientation, and types of disabilities.
(b) All members of such bodies as described in subsection (a) shall be residents of the City and County and the minimum age required to vote in municipal elections in the City and County, at all times during the term of their respective offices, unless otherwise specifically provided in this Charter. Either or both of the requirements set forth in the first sentence of this subsection (b) shall not apply to boards, commissions, or advisory bodies established by legislative act if the legislation specifically exempts the position from either or both requirements, or if the appointing officer or entity makes a finding that a person meeting both requirements, and willing to serve, could not be located.
(c) It shall be the official City policy that the composition of each appointive board, commission, or advisory body of any kind established by this Charter or legislative act of the United States of America, the State of California, or the Board of Supervisors shall reflect the interests and contributions of people of all races, ethnicities, ages, sexes, gender identities, sexual orientations, and types of disabilities. The voters therefore urge in the strongest terms all City officers and agencies involved in nominating, appointing, or confirming members of those appointive boards, commissions, or advisory bodies to consider and as appropriate support the nomination, appointment, or confirmation of women, people of color, seniors, people with disabilities, and people that reflect a range of sexual orientations and gender identities to fill seats on those bodies.
(d) The Commission on the Status of Women shall conduct an analysis of appointments to appointive boards, commissions, and advisory bodies established in the Charter or by legislative act, in the second and fourth year of each mayoral term to track the diversity of appointments to such bodies. This analysis, to be based only on voluntary disclosures, shall include ethnicity, sex, gender identity, sexual orientation, disability status, and any other relevant demographic qualities.
(e) Vacancies on appointive boards, commissions, or other units of government shall be filled for the balance of the unexpired term in the manner prescribed by this Charter or ordinance for initial appointments.
(f) Terms of office shall continue as they existed on the effective date of this Charter.
(Amended by Proposition D, 6/3/2008; Proposition C, Approved 11/3/2020)
(a) Any member of a board, commission, or other body established by this Charter, other than a citizen advisory committee, shall immediately forfeit his or her seat on the board, commission, or body upon filing a declaration of candidacy for any State elective office, any elective office referenced in Section 13.101, or the Bay Area Rapid Transit Board of Directors.
(b) This Section 4.101.1 shall not apply to members of boards, commissions, or other bodies who hold elective offices referenced in Section 13.101 of this Charter, including insofar as the elected official serves on another board, commission, or other body established by this Charter. This Section 4.101.1 also shall not apply to elected members of bodies established by Article XII of this Charter.
(Added by Proposition B, Approved 6/5/2018)
(a) Application of this Section. Unless otherwise provided in this Charter or required by law, the requirements of this Section shall apply to the members of each appointive board, commission, or other unit of government of the executive branch of the City and County or otherwise created in the Charter ("Charter Commission"). Citizen advisory committees created in the Charter shall not be considered Charter Commissions for purposes of this Section. The provisions of this Section shall not apply to boards or commissions created in Article V (Executive Branch – Arts and Culture) or Article XII (Employee Retirement and Health Service Systems) of this Charter.
(b) Limitations on Hold-Over-Service. Except as otherwise provided in this Charter, the tenure of a member of any Charter Commission shall terminate no later than 60 days after the expiration of the member's term, unless the member is re-appointed. A member may not serve as a hold-over member of a Charter Commission for more than 60 days after the expiration of his or her term. The tenure of any person sitting as a hold-over member on the effective date of this amendment shall terminate no later than 60 days after the effective date of this amendment.
(Added by Proposition B, Approved 11/6/2007)
Unless otherwise provided in this Charter, each appointive board, commission or other unit of government of the executive branch of the City and County shall:
1. Formulate, evaluate and approve goals, objectives, plans and programs and set policies consistent with the overall objectives of the City and County, as established by the Mayor and the Board of Supervisors through the adoption of City legislation;
2. Develop and keep current an Annual Statement of Purpose outlining its areas of jurisdiction, authorities, purpose and goals, subject to review and approval by the Mayor and the Board of Supervisors;
3. After public hearing, approve applicable departmental budgets or any budget modifications or fund transfers requiring the approval of the Board of Supervisors, subject to the Mayor's final authority to initiate, prepare and submit the annual proposed budget on behalf of the executive branch and the Board of Supervisors' authority under Section 9.103;
4. Recommend to the Mayor for submission to the Board of Supervisors rates, fees and similar charges with respect to appropriate items coming within their respective jurisdictions;
5. Unless otherwise specifically provided, submit to the Mayor at least three qualified applicants, and if rejected, to make additional nominations in the same manner, for the position of department head, subject to appointment by the Mayor;
6. Remove a department head; the Mayor may recommend removal of a department head to the commission, and it shall be the commission's duty to act on the Mayor's recommendation by removing or retaining the department head within 30 days; failure to act on the Mayor's recommendation shall constitute official misconduct;
7. Conduct investigations into any aspect of governmental operations within its jurisdiction through the power of inquiry, and make recommendations to the Mayor or the Board of Supervisors;
8. Exercise such other powers and duties as shall be prescribed by the Board of Supervisors; and
9. Appoint an executive secretary to manage the affairs and operations of the board or commission.
In furtherance of the discharge of its responsibilities, an appointive board, commission or other unit of government may:
10. Hold hearings and take testimony; and
11. Retain temporary counsel for specific purposes, subject to the consent of the Mayor and the City Attorney.
Each board or commission, relative to the affairs of its own department, shall deal with administrative matters solely through the department head or his or her designees, and any dictation, suggestion or interference herein prohibited on the part of any member of a board or commission shall constitute official misconduct; provided, however, that nothing herein contained shall restrict the board or commission's powers of hearing and inquiry as provided in this Charter.
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