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(a) Purpose. There is hereby established a Sanitation and Streets Commission. The Commission shall set policy directives and provide oversight for the Department of Sanitation and Streets.
(b) Membership and Terms of Office.
(1) The Commission shall consist of five members, appointed as follows:
Seats 1 and 2 shall be appointed by the Mayor subject to confirmation by the Board of Supervisors. Each nomination shall be the subject of a public hearing and vote within 60 days. If the Board of Supervisors fails to act on a nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed confirmed. Seat 1 shall be held by a person who is a small business owner. Seat 2 shall be held by a person with experience in project management.
Seat 3 shall be appointed by the Controller subject to confirmation by the Board of Supervisors. The nomination shall be the subject of a public hearing and vote within 60 days. If the Board of Supervisors fails to act on a nomination within 60 days of the date the nomination is transmitted to the Clerk of the Board of Supervisors, the nominee shall be deemed confirmed. Seat 3 shall be held by a person who has a background in finance and audits.
Seats 4 and 5 shall be appointed by the Board of Supervisors. Seat 4 shall be held by a person who has a background in either urban forestry, urban design, or environmental services. Seat 5 shall be held by a person with significant experience in cleaning and maintaining public spaces.
(2) Members of the Commission shall serve four-year terms; provided, however, the term of the initial appointees in Seats 1 and 4 shall be two years.
(3) Members may be removed at will by their respective appointing officer.
(c) Duties. With regard to the Department of Sanitation and Streets, beginning three months after the Transition Date in subsection (d), the Commission shall exercise all the powers and duties of boards and commissions set forth in Sections 4.102, 4.103, and 4.104, and may take other actions as prescribed by ordinance. In addition, the Commission shall:
(1) review and evaluate data regarding street and sidewalk conditions, including but not limited to data collected by the Department, and annual reports generated by the Controller;
(2) establish minimum standards of cleanliness for the public right of way, and set baselines for services to be administered by the Department;
(3) approve all contracts proposed to be entered into by the Department, provided that the Commission may delegate this responsibility to the Director of the Department, or the Director’s designee;
(4) perform an annual cost analysis evaluating whether there are inefficiencies or waste in the Department’s administration and operations; and
(5) perform an annual review on the designation and filling of Department positions, as exempt, temporary, provisional, part-time, seasonal or permanent status, the number of positions that are vacant, and at the Commission’s discretion, other data regarding the Department’s workforce. This function shall not in any way limit the roles of the Civil Service Commission or the Department of Human Resources under the Charter.
(d) Transition provisions.
(1) The Commission shall come into existence on the Transition Date, which shall be established by the Board of Supervisors by written motion adopted by a majority vote of its members, provided that the Transition Date shall be no earlier than July 1, 2022. The Board of Supervisors shall vote on a written motion to establish the Transition Date no later than January 1, 2022. If the Board of Supervisors fails to adopt such a motion by January 1, 2022, the Clerk of the Board of Supervisors shall place such a motion on the agenda of a Board of Supervisors meeting at least once every three months thereafter until such time as the Board of Supervisors adopts a motion establishing the Transition Date. The Mayor, Board of Supervisors, and Controller shall make initial appointments to the Commission by no later than three months before the Transition Date. The terms of all five members shall commence at noon on the Transition Date.
(2) The Commission shall have its inaugural meeting by no later than 30 days after three members of the Commission have assumed office.
(3) The Director of Public Works or person serving in an acting capacity as Director of Public Works, at the time the Commission comes into existence, shall perform the duties of the Director of the Department of Sanitation and Streets in an acting capacity until the Commission appoints a new Director in accordance with the Charter provisions governing appointment of a department head serving under a commission.
(Added by Proposition B, Approved 11/3/2020)