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The Controller shall have the duty to perform regular oversight of the City’s contracting procedures, including developing model criteria and terms for City Requests for Proposals (RFPs), and auditing compliance with City contracting rules and procedures. Where appropriate, the Inspector General shall investigate cases of alleged abuse or conflict of interest. Should the Inspector General find that there has been an abuse or conflict of interest, the Inspector General shall refer that finding to the Ethics Commission, the District Attorney, and the City Attorney for possible enforcement action. Nothing in this Section F1.106 shall be construed to alter the existing jurisdiction of City departments and agencies with respect to contracting.
(Added November 2003; amended by Proposition C, Approved 11/5/2024)
(a) The Controller shall have the authority to receive individual complaints concerning the quality and delivery of government services; wasteful and inefficient City government practices; misuse of City government funds; and improper activities by City government officers and employees, by persons or entities that have or are seeking a contract, grant, lease, loan, or other agreement with the City and County, and their employees or officers; by applicants for or recipients of permits, licenses, land use entitlements, tax incentives, benefits, or services from the City and County, and their employees or officers; or by registered City lobbyists. When appropriate, the Controller shall investigate and otherwise attempt to resolve such individual complaints except for those which:
(1) another City agency is required by federal, state, or local law to adjudicate,
(2) may be resolved through a grievance mechanism established by collective bargaining agreement or contract, or
(3) are subject to an existing, ongoing investigation by the District Attorney, the City Attorney, or the Ethics Commission, where either official or the Commission states in writing that investigation by the Controller would substantially impede or delay their own investigation of the matter.
If the Controller receives a complaint described in items (1), (2), or (3) of this subsection (a), the Controller shall advise the complainant of the appropriate procedure for the resolution of such complaint.
(b) If the Controller receives a complaint alleging conduct that may constitute a violation of criminal law or a governmental ethics law, the Inspector General shall review the complaint and decide whether to initiate an investigation. Thereafter, the Inspector General shall promptly refer complaints regarding criminal conduct to the District Attorney or other appropriate law enforcement agency and shall refer complaints regarding violations of governmental ethics laws to the Ethics Commission and the City Attorney. After referring a complaint to the District Attorney, Ethics Commission, or City Attorney, the Inspector General may investigate the matter in coordination with the department receiving the complaint. The Inspector General may decline to refer a complaint to the District Attorney, Ethics Commission, or City Attorney if the complaint relates to the conduct of that agency. In that circumstance, the Inspector General may refer the complaint to another City, State, or federal agency with jurisdiction over the matter. Nothing in this Section F1.107 shall preclude the Controller from investigating whether any alleged criminal conduct also violates any civil or administrative law, statute, ordinance, or regulation.
(c) Notwithstanding any provision of this Charter, including, but not limited to Section C3.699-11, or any ordinance or regulation of the City and County of San Francisco, the Controller shall administer a whistleblower and citizen complaint hotline telephone number and website and publicize the hotline and website through press releases, public advertising, and communications to City employees. The Controller shall receive and track calls and emails related to complaints about the quality and delivery of government services, wasteful and inefficient City government practices, misuse of government funds and improper activities by City government officials, employees and contractors and shall route these complaints to the appropriate agency subject to subsection (a) of this Section F1.107. The Board of Supervisors shall enact and maintain an ordinance protecting the confidentiality of whistleblowers, and protecting City officers and employees from retaliation for filing a complaint with, or providing information to, the Controller, Ethics Commission, District Attorney, City Attorney or a City department or commission about improper government activity by City officers and employees. The City may incorporate all whistleblower functions set forth in this Charter or by ordinances into a unified City call center, switchboard, or information number at a later time, provided the supervision of the whistleblower function remains with the Controller and its responsibilities and function continue unabridged.
(Added November 2003; amended by Proposition C, Approved 11/5/2024)
The Controller shall assess the progress of City departments' compliance with Charter Section 16.120 and any implementing ordinances requiring City departments to prepare effective customer service plans. The Controller shall make recommendations to departments to improve the effectiveness of such plans. The Controller shall report to the Board of Supervisors and Mayor the failure of any department to comply substantially with the Controller's recommendations regarding customer service plans.
(Added November 2003)
(a) The Controller shall have timely access to all records and documents the Controller deems necessary to complete the inquiries and reviews required by this Appendix F. If a City officer, employee, agency, department, or commission does not comply with the Controller’s request for such records and documents, the Controller may issue a subpoena consistent with the Controller’s authority under Section 3.105(b). The provisions of this Section F1.110 shall not apply to those records and documents of City agencies for which a claim of privilege has been properly and appropriately raised, or which are prepared or maintained by the City Attorney, the District Attorney, or the Ethics Commission for use in any investigation authorized by federal, state, or local law.
(b) Notwithstanding any other provision of this Charter, or any ordinance or regulation of the City and County, and except to the extent required by state or federal law, all drafts, notes, preliminary reports of Controller’s benchmark studies, audits, investigations, and other reports shall be confidential.
(Added November 2003; amended by Proposition C, Approved 11/5/2024)
In addition to its duties under Article V of Chapter 5 of the Administrative Code, the Citizens' General Obligation Bond Oversight Committee shall serve as a Citizens Audit Review Board. In its role as the Review Board, the Oversight Committee shall provide advisory input to the Controller on matters pertaining to the functions set forth in this Appendix, and, in particular, shall:
(1) Review the Controller's service standards and benchmarks to ensure their accuracy and usefulness;
(2) Review all audits to ensure that they meet the requirements set forth above;
(3) Subject to appropriate rules ensuring the confidentiality of complainants, as well as the confidentiality of complaints referred to and handled by the District Attorney, the City Attorney, and the Ethics Commission, review citizen and employee complaints received through the whistleblower/complaint hotline and website and the Controller's disposition of those complaints; and
(4) Where it deems appropriate, hold public hearings regarding the results of benchmark studies and audits to encourage the adoption of "best practices" consistent with the conclusions of the studies and audits. An audio or video recording of such hearings shall be made available for public inspection free of charge.
(Added November 2003)
(a) Notwithstanding any other provision of this Charter or any ordinance or regulation of the City and County of San Francisco, the Controller shall be authorized to contract with outside, independent experts to assist in performing the requirements of this Appendix. In doing so, the Controller shall make good faith efforts as defined in Chapter 12D of the Administrative Code to comply with the provisions of Chapters 12 et seq. of the Administrative Code, but shall not be subject to the approval processes of other City agencies. The Controller shall submit an annual report to the Board of Supervisors summarizing any contracts issued pursuant to this Section and discussing the Controller's compliance with Chapters 12 et seq. Contracts issued by the Controller pursuant to this Section shall be subject, where applicable, to the requirements of Section 9.118.
(b) No outside expert or firm shall be eligible to participate or assist in an audit or investigation of any issue, matter, or question as to which that expert or firm has previously rendered compensated advice or services to any individual, corporation or City department other than the Controller. The Controller shall adopt appropriate written regulations implementing this provision, and shall incorporate this requirement in all written contracts with outside experts and firms utilized pursuant to this Section.
(Added November 2003)
Notwithstanding any other provision of this Charter, the Mayor and Board of Supervisors shall be required to budget an amount equal to at least two-tenths of one percent (0.2%) of the City’s overall budget, apportioned by fund and excluding bond related debt, to implement this Appendix F and to support the staffing and operations of the Inspector General. This amount shall be referred to as the Controller’s Audit Fund, and shall be used exclusively to implement the duties and requirements of this Appendix F and to support the staffing and operations of the Inspector General, and shall not be used to displace funding for the non-audit related functions of the Controller’s Office existing prior to November 4, 2003. If the funds are not expended or encumbered by the end of the fiscal year, the balance in the fund shall revert to the General Fund or the enterprise funds where it originated.
(Added November 2003; amended by Proposition C, Approved 11/5/2024)
(Added November 2003; repealed by Proposition C, Approved 11/5/2024)